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HomeMy WebLinkAboutPC Reso 14-37 Tassajara Highlands rec to CC CEQA Addendum RESOLUTION NO. 14-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR THE TASSAJARA HIGHLANDS (FREDRICH/VARGAS) PROJECT PLPA 2012-00051 WHEREAS, the Applicant, Tim Lewis Communities and STL Company LLC, proposes to create a development of 48 single-family detached homes on an 11.11 acre site known as the Frederick and Vargas properties. The proposed development and applications are collectively known as the "Project"; and WHEREAS, the application includes a General Plan/Eastern Dublin Specific Plan Amendment to change the land use designations from: Medium-High Density Residential and Neighborhood Commercial and combining the existing Medium Density Residential to a combination of Medium Density Residential (6.16 acres) and Open Space (3.06 acres) and 1.89 acres of associated road right-of-way; and WHEREAS, the application also includes Planned Development rezoning with a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Subdivision Map 8133; and WHEREAS, the Project also includes a CEQA Addendum; and WHEREAS, the Project Site consists of two existing parcels, the approximately 7.93 gross acre Fredrich property located at 6960 Tassajara Road and the approximately 5 gross acre Vargas property at 7020 Tassajara Road (APNs 986-0004-002-01 and 986-0004-002-03); and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin EIR. The 6.16 acre portion of the Project was included in the Mitigated Negative Declaration (MND) for the Mission Peak/Fallon Crossing project adopted on May 16, 2006 by City Council Resolution No. 71-06. The 4.95 acre portion of the Project site was addressed in 2007 in an MND for the Vargas project, adopted by City Council Resolution 57-07 (SCH #2007032020). The prior reviews are further described in the draft City Council resolution attached as Exhibit A and incorporated herein by reference; and WHEREAS, based on the prior CEQA reviews and a related Initial Study, the City prepared a CEQA Addendum, concluding and documenting that potential environmental effects of the Project are adequately addressed in the prior CEQA reviews, as further described in attached Exhibit A; and Page 1 of 2 WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated July 22, 2014 and incorporated herein by reference described and analyzed the Project and related Addendum for the Planning Commission and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, the Planning Commission considered the Addendum, as well as the prior EIR and MNDs and all above-referenced reports, recommendations, and testimony before making a recommendation on the Project. 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 Planning Commission of the City of Dublin recommends that the City Council adopt the CEQA Addendum and related Initial Study, attached as Exhibit A (and incorporated herein by reference), pursuant to CEQA Guidelines Sections 15162 and 15164 for the Tassajara Highlands (FredrichNargas) project. PASSED, APPROVED AND ADOPTED this 22nd day of July 2014 by the following vote: AYES: Bhuthimethee, Do, O'Keefe, Goel, Kohli NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Assista t oty Development Director 2266440.1 2 of 2 RESOLUTION NO. XX - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A CEQA ADDENDUM AND A RELATED STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE TASSAJARA HIGHLANDS (FREDRICH/VARGAS) PROJECT PLPA 2013-00035 WHEREAS, the Applicant, Tim Lewis Communities and STL Company LLC, proposes to create a development of 48 single-family detached homes on an 11 .11 acre site known as the Frederick and Vargas properties. The proposed development and applications are collectively known as the "Project", and WHEREAS, the application includes a General Plan/Eastern Dublin Specific Plan Amendment to change the land use designations from: Medium-High Density Residential and Neighborhood Commercial and combining the existing Medium Density Residential to a combination of Medium Density Residential (6.16 acres) and Open Space (3.06 acres) and 1.89 acres of associated road right-of-way; and WHEREAS, the application also includes Planned Development rezoning with a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Subdivision Map 8133; and WHEREAS, the Project also includes a CEQA Addendum; and WHEREAS, the Project Site consists of two existing parcels, the approximately 7.93 gross acre Fredrich property located at 6960 Tassajara Road and the approximately 5 gross acre Vargas property at 7020 Tassajara Road (APNs 986-0004-002-01 and 986-0004-002-03); and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Project is in the General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which the City Council certified a Program Environmental Impact Report by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May 10, 1993, which resolution is incorporated herein by reference. The Eastern Dublin EIR identified significant impacts from development of the Eastern Dublin area, some of which could not be mitigated to less than significant. Upon approval of the Eastern Dublin General Plan Amendment and Specific Plan, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein by reference); and WHEREAS, based on Medium Density Residential and General Commercial land use designations for the Fredrich property, the Eastern Dublin EIR assumed future development of up to dwellings and sf of commercial use. On May 16, 2006, the City Council approved Resolution 71-06 (incorporated herein by reference) for a supplemental Mitigated Page I of 4 EXHIBIT A TO ATTACHMENT 5 Negative Declaration (MND) for the Mission Peak/Fallon Crossing project, which also included annexation of the Fredrich property but no proposed development or change in land use on the site; and WHEREAS, based on Medium Density and Medium High Density Residential land use designations for the Vargas property, the Eastern Dublin EIR assumed future development of up to 55 dwellings. On , 2007, the City Council approved Resolution 57-07 (incorporated herein by reference) for a supplemental MND for the Vargas project consisting of 33 dwellings; and WHEREAS, the Eastern Dublin EIR identified significant unavoidable impacts from development of the Eastern Dublin area and the Project site, some of which would apply to the Project; therefore, approval of the Project must be supported by a Statement of Overriding Considerations; and WHEREAS, the City prepared an Initial Study to determine if additional review of the proposed Project was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared an Addendum dated , 2014 describing the project and finding that the impacts of the proposed Project have been adequately addressed in the prior EIR and MNDs. The Addendum and its supporting Initial Study is attached as Exhibit A; and WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, a staff report, dated July 22, 2014 and incorporated herein by reference, described and analyzed the Project and related Addendum for the Planning Commission and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, on July 22, 2014, the Planning Commission adopted Resolution 14-XX (incorporated herein by reference) recommending that the City Council adopt the CEQA Addendum for the Project; and WHEREAS, on 2014 the City Council held a properly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, a staff report dated , 2014 and incorporated herein by reference described and analyzed the project and related Addendum for the City Council and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, on , 2014 the City Council held a properly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council considered the Addendum, as well as the prior EIR and MNDs and all above-referenced reports, recommendations, and testimony before taking any action on the Project. NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. 2 of 4 BE IT FURTHER RESOLVED that the City Council makes the following findings to support the determination that no further environmental review is required under CEQA for the proposed project. These findings are based on information contained in the CEQA Addendum, the prior CEQA documents, the City Council staff report, and all other information contained in the record before the City Council. These findings constitute a summary of the information contained in the entire record. The detailed facts to support the findings are set forth in the CEQA Addendum and related Initial Study, the prior CEQA documents, and elsewhere in the record. Other facts and information in the record that support each finding that are not included below are incorporated herein by reference: 1. The proposed Project does not constitute substantial changes to the previous projects affecting the Project site as addressed in the prior CEQA documents, that will require major revisions to the prior documents due to new significant environmental effects or a substantial increase in severity of previously identified significant effects. Based on the Initial Study, all potentially significant effects of the proposed Project are the same or less than the impacts for project which were previously addressed. The proposed Project will not result in substantially more severe significant impacts than those identified in the prior CEQA documents. All previously adopted mitigation measures from the Eastern Dublin EIR and prior MNDs continue to apply to the proposed Project and project site as applicable. 2. The Addendum and its related Initial Study did not identify any new significant impacts of the proposed Project that were not analyzed in the prior CEQA documents. 3. The City is not aware of any new information of substantial importance or substantial changes in circumstances that would result in new or substantially more severe impacts or meet any other standards in CEQA Section 21166 and related CEQA Guidelines Sections 15162/3. BE IT FURTHER RESOLVED that the City Council of the City of Dublin finds the following: 1. No further environmental review under CEQA is required for the proposed Project because there is no substantial evidence in the record as a whole that any of the standards under Sections 21166 or 15162/3 are met. 2. The City has properly prepared an Addendum and related Initial Study under CEQA Guidelines section 15164 to explain its decision not to prepare a subsequent or Supplemental EIR or conduct further environmental review for the proposed Project. 3. The City Council considered the information in the Addendum and prior CEQA documents before approving the land use applications for the proposed Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the CEQA Addendum and related Initial Study, attached as Exhibit A (and incorporated herein by reference), pursuant to CEQA Guidelines Sections 15162 and 15164 for the Tassajara Highlands (Fredrich/Vargas) project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the Statement of Overriding Considerations attached as Exhibit B and incorporated herein by reference. 3 of 4 PASSED, APPROVED AND ADOPTED this day of 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2298196.1 4 of 4 CEQA ADDENDUM FOR THE TASSAJARA HIGHLANDS PROJECT PLPA-2012-00051 July 22,2014 On May 10, 1993,the Dublin City Council adopted Resolution No. 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 a Draft EIR and Responses to Comments bound volumes, as well as an Addendum to the Eastern Dublin EIR dated May 4, 1993, assessing a reduced development project alternative.The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994,the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin.The Eastern Dublin EIR evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. Since certification of the EIR,many implementing projects have been proposed,relying to various degrees on the certified EIR. In 2006,a Mitigated Negative Declaration was prepared for the Mission Peak and Fallon Crossing project,which also included the 8.58-acre Fredrich property in the analysis. In this Addendum,this document will be referred to as the Fredrich Project Mitigated Negative Declaration (MND). The MND was approved by the City Council on May 16, 2006 by Resolution No. 71-06 and addressed all topics included in the standard CEQA checklist. The MND analyzed the impacts of prezoning,annexing and developing up to 103 single-family dwellings on the 67.8-acre Mission Peak property on the east side of Tassajara Road south of Moller Creek.The MND did not assume any development on the Fredrich property as part of the analysis; however,the Eastern Dublin Specific Plan and EIR assumed the ultimate development of 68 dwellings on the Fredrich site (EDSP, Appendix 4). In 2007,the Dublin City Council adopted Resolution No. 57-07 that approved a Mitigated Negative Declaration for the 5-acre (gross) site Vargas property. In this Initial Study,this CEQA document will be called the Vargas MND.The Vargas MND analyzed the environmental impacts of amending the Dublin General Plan and Eastern Dublin Specific Plan at a less intense land use density than the 55 units assumed in the Eastern Dublin EIR,approving a Stage 1 Development Plan and prezoning for the property, approving a pre-annexation agreement and requesting annexation to the site to the City of Dublin.The project included development of 33 single-family dwellings on the site and analyzed all environmental topics included in the standard CEQA checklist.The State Clearinghouse Number for this CEQA document is#2007032020. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the Project,as described below. EXHIBIT A Project Description The proposed project includes demolishing the two existing single-family dwellings on the site and other accessory buildings, subdividing the site into up to 54 single-family lots,two internal small private open space areas,and a large open space area including a public pathway on the western and southern sides of the site, grading of the site, extension of utilities and constructing one dwelling on each of the lots. The applicant has requested approvals of the following in order to implement the project: amendments to the Dublin General Plan and Eastern Dublin Specific Plan,a PD rezoning with related Stage 1 and Stage 2 Development Plan,a Site Development Review (SDR) Permit and a Vesting Tentative Map. Prior CEQA Analyses and Determinations As summarized above and discussed in more detail in the attached Initial Study,the Tassajara Highlands property has been planned for urbanization since the Eastern Dublin approvals in 1993, and has been the subject of two previously adopted Mitigated Negative Declarations (MNDs). The Tassajara Highlands property consists of merging the adjacent Fredrich and Vargas properties into a single property for purposes of development.The Eastern Dublin EIR identified numerous environmental impacts, and numerous mitigations were adopted upon approval of the Eastern Dublin General Plan Amendment and Specific Plan.For identified impacts that could not be mitigated to insignificance,the City Council adopted a Statement of Overriding Considerations. Similarly,Mitigated Negative Declarations for the Fredrich property in 2006 and the Vargas property in 2007 identified supplemental impacts and mitigation measures. All previously adopted mitigation measures for development of Eastern Dublin identified in the Eastern Dublin EIR,the 2006 Fredrich property MND and the 2007 Vargas property MND that are applicable to the project and project site continue to apply to the currently proposed Project as further discussed in the attached Initial Study. Current CEQA Analysis and Determination that an Addendum is Appropriate for this Project. Updated Initial Study.The City of Dublin has determined that an Addendum is the appropriate CEQA review for the Project,which proposes minor changes to the land use designations and Planned Development zoning. If approved,the proposed project would reduce the number of potential dwellings on the site from up to 101 to up to 54 dwellings. The applicant is also seeking City approval of amendments to the General Plan and Eastern Dublin Specific Plan, a Planned Development rezoning with related Stage 1 and 2 Development Plan, Site Development Review approval and a Vesting Tentative Map. The City prepared an updated Initial Study dated July 22,2014,incorporated herein by reference,to assess whether any further environmental review is required for this Project Through this Initial Study,the City has determined that no subsequent EIR or Negative Declaration is required for the plan and zoning amendments or the refined development details. Page 2 No Subsequent Review is Required per CEQA Guidelines Section 15162. CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions,the City has determined that no subsequent EIR or negative declaration is required for this Project. This is based on the following analysis: a) Are there substantial changes to the Project involving new or more severe significant impacts?There are no substantial changes to the Project analyzed in the Eastern Dublin EIR,as supplemented by the 2006 MND. and 2007 MND.The Project is similar to land uses for the project site analyzed in all previous CEQA documents and the number of dwellings has been reduced. As demonstrated in the Initial Study,the proposed land uses on the site is not a substantial change to either the 1993 Eastern Dublin EIR analysis or the 2006 MND or the 2007 MND analysis and will not result in additional significant impacts,and no additional or different mitigation measures are required. b) Are there substantial changes in the conditions 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,the 2006 MND or the 2007 MND.This is documented in the attached Initial Study prepared for this Project dated July 22,2014. 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 that shows the Project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or,previously infeasible mitigation measures are now feasible but the applicant declined to adopt them; or mitigation measures considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them? As documented in the attached Initial Study,there is no new information showing a new or more severe significant effect beyond those identified in the prior CEQA documents. Similarly,the Initial Study documents that no new or different mitigation measures are required for the Project. All previously adopted mitigations continue to apply to the Project.The CEQA documents adequately describe the impacts and mitigations associated with the proposed development on the Fredrich and Vargas properties. 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 and previous CEQA documents for the site,as documented in the attached Initial Study. Conclusion.This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based on the attached Initial Study dated July 22,2014.The Addendum and Initial Study review the proposed General Plan and Eastern Dublin Specific Plan amendments,the Planned Development rezoning, Site Development Review, and Vesting Tentative Subdivision Map as discussed above.Through the adoption of this Addendum and related Initial Study,the City determines that the above minor changes in land uses do not require a subsequent EIR or Page 3 negative declaration under CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15163.The City further determines that the Eastern Dublin EIR,the 2006 MND and the 2007 MND adequately address the potential environmental impacts of the land use designation change for the Fredrich and Vargas properties as documented in the attached Initial Study. As provided in Section 15164 of the Guidelines,the Addendum need not be circulated for public review,but shall be considered with the prior environmental documents before making a decision on this project. The Initial Study,Eastern Dublin EIR,the 2006 MND,the 2007 MND and all resolutions cited above are incorporated herein by reference and are available for public review during normal business hours in the Community Development Department,Dublin City Hall, 100 Civic Plaza,Dublin CA. Page 4 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 Eastern Dublin General Plan Amendment and Specific Plan project. The City Council is currently considering the Tassajara Highlands (Fredrich/Vargas) project. The project proposes a residential development on the west side of Tassajara Road at 6960 and 7020 Tassajara Road. The project site was also analyzed in two supplemental Mitigated Negative Declarations. The first was for the Mission Peak/Fallon Crossing project and was adopted on May 16, 2006 by City Council Resolution No. 71-06. The second was for the Vargas project and was adopted through City Council Resolution 57-07 on May 1, 2007. The City Council adopted a Statement of Overriding Considerations with the original land use approvals for urbanization of Eastern Dublin. Pursuant to a 2002 court decision, the City Council must adopt new overriding considerations for the previously identified unavoidable impacts that apply to the Tassajara Highlands (Fredrich/Vargas) project.1 The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR will be substantially lessened by mitigation measures adopted with the original Eastern Dublin approvals and the subsequent 2006 and 2007 approvals, 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 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 from the Eastern Dublin EIR. The following unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin apply to the Tassajara Highlands (Fredrich/Vargas) project. Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.8/13; and Alteration of Rural/Open Space Character. Although development has occurred south of the project area, the site is largely ., ...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. 4th 98, _(2002). 1 EXHIBIT B undeveloped open space land. Future development of the Tassajara Highlands site will contribute to the cumulative loss of open space land. Traffic and Circulation Impacts 3.318, 3.31E. 1-580 Freeway, Cumulative Freeway Impacts: While city street and interchange impacts can be mitigated through planned improvements, transportation demand management, the 1-580 Smart Corridor program and other similar measures, mainline freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Future development on the Tassajara Highlands site will generate less traffic than anticipated in the Eastern Dublin EIR, but will still incrementally contribute to the unavoidable freeway impacts. Traffic and Circulation Impacts 3.311, 3.31M. Santa Rita Road/1-580 Ramps, Cumulative Dublin Boulevard Impacts: The project will be required to implement all applicable adopted traffic mitigation measures, including contributions to the City's TIF program; however even with mitigation these impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Community Services and Facilities Impact 3.41S. Consumption of Non- Renewable Natural Resources and Sewer, Water, and Storm Drainage Impact 3.51F, H, U. Increases in Energy Usage Through Increased Water Treatment, Disposal and Operation of Water Distribution System: Future development of the project will contribute to increased energy consumption. Soils, Geology, and Seismicity Impact 3.618. Earthquake Ground Shaking, Primary Effects: Even with seismic design, future development of the 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, 8, C, and E. Future development of the project will contribute to cumulative dust deposition, construction equipment emissions, mobile and stationary 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 Tassajara Highlands (Fredrich/Vargas) site against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the project as further set forth below. The project will further the urbanization of Eastern Dublin as planned through the comprehensive framework established in the original Eastern Dublin approvals. Prior approvals provided important protections to Tassajara Creek and through reasonable and protective designations for sensitive creek areas; the project will implement these protections through previously adopted mitigation measures and current development standards. The project will provide approximately 48 2 units of needed housing as well as maintaining open space on the site. Development of the site will also provide construction employment opportunities for Dublin residents. 2298238.1 3 TASSAJARA HIGHLANDS PROJECT (Vargas & Fredrich Parcels) PLPA 2012- 00051 INITIAL STUDY Lead Agency: City of Dublin Prepared By: Jerry Haag,Urban Planner July 22,2014 Table of Contents Introduction...................................................................................................................2 Applicant/Contact Person...........................................................................................3 Project Location and Context ......................................................................................3 Prior Environmental Review Documents..................................................................4 ProjectDescription........................................................................................................6 Environmental Factors Potentially Affected.............................................................17 Evaluation of Environmental Impacts .......................................................................19 Attachment to Initial Study .........................................................................................32 1. Aesthetics ...............................................................................................32 2. Agricultural and Forestry Resources .................................................36 3. Air Quality .............................................................................................38 4. Biological Resources .............................................................................41 5. Cultural Resources................................................................................50 6. Geology and Soils .................................................................................53 7. Greenhouse Gas Emissions..................................................................56 8. Hazards and Hazardous Materials ....................................................57 9. Hydrology and Water Quality............................................................59 10. Land Use and Planning........................................................................63 11. Mineral Resources.................................................................................64 12. Noise .......................................................................................................64 13. Population and Housing......................................................................67 14. Public Services.......................................................................................67 15. Recreation...............................................................................................70 16. Transportation/Traffic.........................................................................71 17. Utilities and Service Systems...............................................................75 18. Mandatory Findings of Significance ..................................................78 InitialStudy Preparers .................................................................................................79 Agencies and Organizations Consulted ....................................................................79 References ......................................................................................................................79 City of Dublin Environmental Checklist/ Initial Study Introduction This Initial Study has been prepared in accord with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. Because the proposed project is generally based on the land use designations, circulation patterns etc. assigned to the project by the City of Dublin General Plan, the Initial Study relies on a Program EIR certified by the City in 1993 for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report, State Clearinghouse No. 91103064). That EIR, also known in this Initial Study as the "Eastern Dublin EIR," evaluated the following impacts: Land Use, Population, Employment and Housing, Traffic and Circulation, Community Services and Facilities, Sewer, Water and Storm Drainage, Soils, Geology and Seismicity, Biological Resources, Visual Resources, Cultural Resources, Noise, Air Quality and Fiscal Considerations. In 2006, a Mitigated Negative Declaration was prepared for the Mission Peak/Fallon Crossing project, which also included the 8.58-acre Fredrich property in the analysis. This CEQA document was approved by the City Council on May 16, 2006 by Resolution No. 71-06. The Fredrich Project MND analyzed the impacts of prezoning, annexing and developing up to 103 single-family dwellings on the 67.8-acre Mission Peak property on the east side of Tassajara Road south of Moller Creek. The MND included the Fredrich property on the west side of Tassajara Road but did not assume any development on the Fredrich property as part of the analysis; however, the Eastern Dublin Specific Plan and EIR assumed the ultimate development of 68 dwellings on the Fredrich site (EDSP, Appendix 4). In 2007, the Dublin City Council adopted Resolution No. 57-07 that approved a Mitigated Negative Declaration for the 4.35-acre Vargas property. This will be referred to as the "Vargas Project MND." The Vargas Project MND analyzed the environmental impacts of amending the Dublin General Plan and Eastern Dublin Specific Plan from Medium-High to a Medium Density land use designation, approving a Stage 1 Development Plan and prezoning for the property, approving a pre-annexation agreement and requesting annexation to the site to the City of Dublin. The project included development of 33 dwellings on the site. The subject of this Initial Study is a proposed General Plan Amendment, a Specific Plan Amendment, a PD rezoning with related Stage 1 and Stage 2 Development Plan, Site Development Review (SDR), a vesting tentative subdivision map and related applications to develop the 12.93-acre Tassajara Highlands residential project, that City of Dublin Page 2 Initial Study/Tassajara Highlands Project July 2014 includes both the Vargas and Fredrich properties, located in the Eastern Dublin portion of the City of Dublin. The Development Plan includes construction of up to 54 single- family residential dwellings, internal roadways, open spaces and other related improvements. Applicant: Tim Lewis Communities and STL Company, LLC 3500 Douglas Blvd., Suite 270 Roseville CA 95661 Attn: Michael O'Hara (916) 783-2300 Project Location and Context The project is located in the northern area of the Eastern Extended Planning area of the City of Dublin as identified in the Dublin General Plan. More specifically, the project site is located on the west side of Tassajara Road and east of Tassajara Creek. Moller Creek, a tributary of Tassajara Creek, extends through the project site at its southern boundary. The site consists of two separate property ownerships that comprise the Tassajara Highlands project. The Vargas property is the northern portion of the site and contains approximately 4.35 acres of land. The Fredrich property comprises the southern portion of the project site and contains approximately 8.58 acres of land. As part of the Tentative Map approval process and the filing of the Final map, the two existing parcels will be effectively merged and re-subdivided with the recordation of the Final Map. Exhibit 1 depicts the regional setting of Dublin and Exhibit 2 shows the location of the project site in context with nearby features, including nearby roadways and adjacent creeks. Existing land uses adjacent to the project site includes the Tipper property to the north (currently owned by the Singh family) that is a rural homestead. Land to the west is within a permanent open space easement area within and adjacent to Tassajara Creek. The Dublin Ranch West development (also known as the Wallis Ranch) lies west of the open space easement and has been approved for residential development at a mix of densities and product types. Moller Creek flows immediately to the south of the project site. Located to the southeast of the project site is a residential project, known as the Fallon Crossing/Mission Peak that is currently under construction by Standard Pacific consisting of 106 single-family units. Additionally, located to the northeast of the project site is a proposed residential project by Braddock & Logan known as Moller Ranch. This project consists of up to 370 single-family lots. The 4.35-acre Vargas property comprises the northern portion of the overall Tassajara Highlands project site. The Vargas property contains one single-family dwelling and accessory outbuildings generally along the Tassajara Road frontage. The Vargas City of Dublin Page 3 Initial Study/Tassajara Highlands Project July 2014 property has a gradual slope from the south to the northwest toward Tassajara Creek. Much of the Vargas site is vacant and was previously used for animal grazing. The Alameda County Assessor's Parcel Number for the Vargas property is 986-0004-002-01. The 8.58-acre Fredrich property comprises the southern portion of the Tassajara Highlands project site. This property contains one single-family dwelling and is characterized by a moderately steep hill in the northern portion of the site. The site then has a moderate slope to the southwest towards Moller Creek and Tassajara Creek. One single-family dwelling has been constructed on the Fredrich property. The County Assessors Parcel Number for the Fredrich property is 986-0004-002-03. A number of native and ornamental trees exist on the Tassajara Highlands site. Exhibit 3 shows the location and configuration of the Tassajara Highlands project site, the two properties that comprise the site and existing topographic features. Prior Environmental Review Documents The project has been included in three previous CEQA documents, as noted below: Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan (State Clearinghouse #91103064). A Program Environmental Impact Report for the Eastern Dublin General Plan Amendment (Eastern Extended Planning Area) and the Eastern Dublin Specific Plan (EDSP) was certified by the City Council in 1993 by Resolution No. 51-93. This document and its related Addenda collectively are referred to as the "Eastern Dublin EIR" or "EDEIR." It evaluated the following impacts: Land Use; Population, Employment and Housing; Traffic and Circulation, Community Services and Facilities; Sewer, Water and Storm Drainage; Soils, Geology and Seismicity; Biological Resources;Visual Resources; Cultural Resources; Noise; Air Quality; and Fiscal Considerations. The City adopted a Statement of Overriding Considerations (Resolution No. 53-93) for the following impacts: Cumulative loss of agriculture and open space land, cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), consumption of non-renewable natural resources, increases in energy uses through increased water treatment and disposal and through operation of the water distribution system, inducement of substantial growth and concentration of population, earthquake ground shaking, loss or degradation of botanically sensitive habitat, regional air quality, noise and alteration of visual character. The Eastern Dublin EIR was challenged in court and was found to be legally adequate. Mission Peak and Fallon Crossing Mitigated Negative Declaration In 2006, a Mitigated Negative Declaration was prepared for the Mission Peak and Fallon Crossing project, which also included the 8.58-acre Fredrich property in the analysis. In this Initial Study, this document will be referred to as the Fredrich City of Dublin Page 4 Initial Study/Tassajara Highlands Project July 2014 Project Mitigated Negative Declaration. The MND was approved by the City Council on May 16, 2006 by Resolution No. 71-06 and addressed all topics included in the standard CEQA checklist. The Mission Peak MND analyzed the impacts of prezoning, annexing and developing up to 103 single-family dwellings on the 67.8- acre Mission Peak property on the east side of Tassajara Road south of Moller Creek. The Mission Peak MND did not assume any development on the Fredrich property as part of the analysis; however, the Eastern Dublin Specific Plan and EIR assumed the ultimate development of 68 dwellings on the Fredrich site (EDSP, Appendix 4). Vargas Property Mitigated Negative Declaration In 2007, the Dublin City Council adopted Resolution No. 57-07 that approved a Mitigated Negative Declaration for the 5-acre (gross) site Vargas property. In this Initial Study, The Vargas MND analyzed the environmental impacts of amending the Dublin General Plan and Eastern Dublin Specific Plan at a less intense land use density, approving a Stage 1 Development Plan and prezoning for the property, approving a pre-annexation agreement and requesting annexation to the site to the City of Dublin. The project included development of 33 single-family dwellings on the site and analyzed all environmental topics included in the standard CEQA checklist. The State Clearinghouse Number for this CEQA document is #2007032020. City of Dublin Page 5 Initial Study/Tassajara Highlands Project July 2014 Project Description Overview. The proposed project includes demolishing the two existing single-family dwellings on the site and other accessory buildings, subdividing the site into up to 54 single-family lots, two internal small private open space areas, and a large open space area including a pathway on the western and southern sides of the site, grading of the site, extension of utilities and constructing one dwelling on each of the lots. The applicant has requested approvals of the following in order to implement the project: amendments to the Dublin General Plan and Eastern Dublin Specific Plan, a PD rezoning with related Stage 1 and Stage 2 Development Plan, a Site Development Review (SDR) Permit, a Vesting Tentative Map. Development Plan. The proposed development plan for the site is shown on Exhibit 4. As shown, the main vehicular entry to the site would be at a signalized intersection with Tassajara Road which is also the main entry to the Moller Ranch development project to the east. Individual lots would be located off of the interior loop road, further described in the section below. Lot sizes for the single-family residences would generally range from a minimum of 3,670 square feet (smallest) to 6,907 square feet. All dwellings would be two stories in height and the sizes of dwellings would also vary. On-site parking on each lot would be provided as well as on-street and guest parking spaces. Two small private open space areas are located within the site, one at the north end and one at the south end. A series of storm drain bio-retention ponds, linked with a detention pond would be used on the south side of the project site and for the purpose of detaining peak stormwater flows from the site and filtering water prior to release into Moller Creek. An open space buffer would also be provided along the western and southern boundaries of the project site, between the development portions of Tassajara Highlands and Tassajara Creek and Moller Creek. A pathway is planned to be constructed within this buffer. A sound barrier wall is proposed to be constructed along the Tassajara Road right-of- way from the most northerly lot south to Private Drive B. Retaining walls south of Private Drive B/EVAE are proposed to be constructed at various locations on the east side of the project site adjacent to Tassajara Road. Landscaping is proposed to be installed between the edge of Tassajara Road and the sound barrier and retaining walls. Circulation and access. As noted above, a main east-west entry road would be provided from Tassajara Road. This road would have a variable right-of-way width between 74 and 80 feet. The intersection of this street and Tassajara Road is planned to be signalized. The entry road would lead to an interior north-south looped road system that would terminate in a cul-de-sac on the northern portion of the site. To the south, this road would circle around a development area and reconnect with the north-south link. City of Dublin Page 6 Initial Study/Tassajara Highlands Project July 2014 Interior roads would generally have a paved width of 28-feet that would accommodate vehicle parking on one side of this roadway. In addition, at the northern portion of the project site, there would be a 3-space parking area. No parking would be allowed on the main entry road into the project site. All project roadways would have sidewalks adjacent to travel lanes. Landscaping. Exhibit 5 depicts the preliminary landscape plan for the project site. Utility services. Domestic water service and sewer service would be provided by Dublin San Ramon Services District (DSRSD). The project developer would be required to install mainline extension of sewer and water from the southern portion of the project site thorough Private Drive B/EVAE into the proposed project. Preliminary storm drainage plans include collecting storm water runoff into a series of underground storm drain lines and transporting storm water flows in a southerly direction into a series of stormwater bio-retention ponds and a detention pond at the southern portion of the site. Following treatment, storm water would be metered out to replicate the existing, predevelopment site condition. All storm water from the site would then be transported into a new outfall for release into Moller Creek, which then joins up with Tassajara Creek southwest of the project site. Improvements within and immediately adjacent to Moller Creek, south of the project site, include a culvert and related grading, and are not included in the Tassajara Highlands project. Moller Creek improvements are a separate project with environmental impacts analyzed in a separate Supplemental EIR (Moller Ranch/Moller Creek Culvert Replacement Project SEIR, SCH # 200502146, certified by the Dublin City Council on December 18, 2012). Grading. The applicant proposes to grade the site to allow construction of the residential areas, roadways and the bio-retention/detention ponds, which would partially be located on the project site. The grading concept would be to reduce the height of the existing hill feature and use the earthen material to fill other, flatter portion of the site. The preliminary grading plan indicates approximately 64,000 cubic yards of material would be hauled off of the site. This includes approximately 5,000 cubic yards of material that would be removed to create the bio-retention and storm drain detention basins. No destination for the material has been identified, but will be prior to issuance of a grading permit by the City. Erosion controls would be implemented during grading activities pursuant to City and Regional Water Quality Board requirements, as enforced by the City of Dublin, to protect surface water quality. A number of retaining walls are proposed to be constructed on the site, ranging in height from approximately 1 foot to 8 feet. Biological and hydrological resources. The applicant prepared an Addendum to the 2012 Biological Resources Analysis for the Tassajara Highlands Residential Development Project (May 2014). This document provides the current status of biological surveys for the site, including a wetland delineation verified by the USACE July 26, 2013, provides a status report on the regulatory permitting, and identifies avoidance and minimization measures (such as pre-construction surveys) in compliance City of Dublin Page 7 Initial Study/Tassajara Highlands Project July 2014 with CEQA mitigation measures. The applicant will remove any trees or out-buildings slated for removal during the biological window when potential special-status roosting bats are not present. This proactive avoidance measure is included in the Vargas MND and will also serve to remove trees before the bird nesting period. Inclusionary housing. The City of Dublin's inclusionary zoning ordinance requires that 12.5% of a project's dwelling units must be affordable to very low, low and moderate income households. Compliance could consist of constructing the required number of inclusionary units and/or paying an in-lieu fee to the City, or some other form of compliance subject to approval by the City. Requested land use approvals. A number of land use approvals are required from the City of Dublin to construct the project as proposed. These are described in more detail below. General Plan Amendment The City of Dublin General Plan Designates the Tassajara Highlands site as a mix of Medium Density Residential on the Vargas property and a combination of Medium/High Density Residential and Neighborhood Commercial on the Fredrich property. The proposed General Plan land use designations would be a combination of Medium Density Residential and Open Space. Eastern Dublin Specific Plan Amendment Similar to the requested General Plan Amendment, land use designations on the Eastern Dublin Specific Plan land Use Maps would be changed from Medium Density Residential, Medium/High Density Residential and Neighborhood Commercial to a combination of Medium Density Residential and Open Space. PD rezoning with related Stage 1 & Stage 2 Development Plan. Previously approved Stage 1 and Stage 2 Development Plans would be replaced by the proposed Development Plan shown on Exhibit 4. A rezoning is being considered to ensure consistency with the requested General Plan and Specific Plan Amendments. Vesting Tentative Map. A Vesting Tentative Tract Map is proposed to subdivide the site into single-family lots, roads and other facilities. City of Dublin Page 8 Initial Study/Tassajara Highlands Project July 2014 S A N P A B L 0 q Martinez 4 BAY San 80 Concord Rafael 6w Richmond 580 Mill 101 Valley Walnut 24 Creek Berkeley 680 0 Oakland 580 San Francisco gid�@aa S A N San Leandro DUBLIN F R A N CISCO N0 seo Daly City Livermore B A Y t 1 101 Hayward Pleasanton �. 92 280 San Mateo Fremont n � t Newark O Redwood City Half 84 Moon Bay Palo (0 Alto F, ^' 880 9 Y h 85 101 680 9 d 280 Sunnyvale Santa Clara ro e <" San Jose 101 n m Exhibit 1 REGIONAL LOCATION CITY OF DUBLIN TASSAJARA HIGHLANDS PROJECT 0 z a s a 10 miles INITIAL STUDY PROJECT SITE �- STA C- OUN ,-- CpN RA%oA COLJ ALA MED a 0 m a� OG/e,, Drive O a Central Parkwa T 0 Dublin Blvd 6 0 U 2 1-580 m m a P\LaP � � � o rn� a � = W �n Exhibit 2 CITY OF DUBLIN TASSAJARA HIGHLANDS PROJECT SITE CONTEXT INITIAL STUDY ,t� c ? P�° a N e� W X x cc CL L �* t' � "• . �� _� ,"x �„�'� as � x R t 1 �4 may} t a w Ar . r. � a t r � a-t w 44 IL iw� LL LIJ cn f � m fah c J /7 LU %� �• c Z a 0 IL CL Y a p1p w 0 W W ;a I j I ,�. e w 1 � � gg d.a F r #9 �k I I a I`1 m o Mme, e 9 Pa�& CA aa I r k i \ r. 1 U w \ O cc CL cn o Z cc ea o A P, a Z _ C3 < F- U o < W j H N H O(j) z Z Q J t CL W L Cl) UJ LU� E R a53 i t J' �.✓.�� as ..� 4 M 1 4 /, � j � � ,ice "�i«.. •� N �� X ::, Y � � » �;}'. iI + ` rn M d tX � P Y i d l of 1dtva' 'WAY " x — W Cl Z 0 � J 2 9 LL o a cn a 1. Project description: Development of the Tassajara Highlands site with up to 54 single-family residences, open spaces and roads. The project includes demolition of existing structures, re-grading of the site, installation of retaining walls and construction of a series of water quality ponds and a detention basin. Requested land use entitlements include amendments to the General Plan and Eastern Dublin Specific Plan, a PD rezoning with related Stage 1 and 2 Development Plan, Site Development Review (SDR) and a Vesting Tentative Map 2. Lead agency: City of Dublin Community Development Department 100 Civic Plaza Dublin CA 94568 3. Contact persons: Michael A Porto Consulting Planner (925) 833 6610 4. Project location: Generally located on the west side of Tassajara Road and east of Tassajara Creek. Assessor's Parcel Numbers 986-0004-002-01 & -03 5. Project sponsor: Tim Lewis Communities and STL Company, LLC 6. General Plan designation: Existing: Medium Density Residential Medium/High Density Residential Neighborhood Commercial Proposed: Medium Density Residential Open Space 7. Zoning: PD-Planned Development 8. Other public agency required approvals: • Approval of an Affordable Housing Agreement (City of Dublin); • 1602/3 Streambed Alteration Permit (California Department of Fish and Game, possible); City of Dublin Page 15 Initial Study/Tassajara Highlands Project July 2014 • State Incidental Take Permit (California Department of Fish and Game, possible); • Section 404 Permit including a Section 7 consultation (under the Endangered Species Act) from the United States Department of Fish and Wildlife (United States Army Corps of Engineers, possible); • Section 401 Clean Water Certification (San Francisco Bay Regional Water Quality Control Board, possible); • Notice of Intent (San Francisco Bay Regional Water Quality Control Board); • Issuance of demolition, building and grading permits (City of Dublin); and • Approval of water and sewer connections (DSRSD) City of Dublin Page 16 Initial Study/Tassajara Highlands Project July 2014 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. _ Aesthetics _ Agricultural - Air Quality Resources Biological _ Cultural Resources - Geology/Soils Resources Hazards and - Hydrology/Water _ Land Use/ Hazardous Quality Planning Materials Mineral Resources -- Noise -- Population/ Housing -- Public Services _ Recreation - Transportation/ Circulation -- Utilities/Service - Mandatory Systems Findings of Significance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment and the previous Negative Declaration certified for this project by the City of Dublin adequately addresses potential impacts. _I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Negative Declaration will be prepared. X I find that although the proposed Project could have a significant effect on the environment, there will not be any new or substantially more severe significant effect in this case because all potentially significant effects: a) have been analyzed adequately in an earlier EIR pursuant to applicable standards; and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed Project, except for those impacts which were identified as significant and unavoidable and for which a Statement of Overriding Considerations was previously adopted by the City. An Addendum to the Eastern Dublin Environmental Impact Report, the 2006 Mission Peak Properties/Fallon Crossing MND and the 2007 Vargas Property MND will be prepared. _I find that the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects City of Dublin Page 17 Initial Study/Tassajara Highlands Project July 2014 (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed project. Signature: `,1 Date: Printed Name. J For: City of Dublin Page 18 Initial Study/Tassajara Highlands Project July 2014 Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A "no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "no impact" answer should be explained where it is based on project-specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action 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 17, "Earlier Analysis," as described in (5) below, 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). The checklist will include a response "no new impact" in these circumstances. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less-Than-Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. City of Dublin Page 19 Initial Study/Tassajara Highlands Project July 2014 6) Lead Agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances, etc.). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached and other sources used or individuals contacted should be cited in the discussion. 8) This is 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 a project's environmental effects in whatever format is selected. 9) The explanation of each agency should identify the significance criteria or threshold, if any, used to evaluate each question and the mitigation measures identified, if any, to reduce the impact to a less than significant level. City of Dublin Page 20 Initial Study/Tassajara Highlands Project July 2014 Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Note: A full discussion of each item is found Potentially Less Than Less than No New following the checklist. Significant Significant Significant Impact Impact With Impact Mitigation 1.Aesthetics. Would the project: a) Have a substantial adverse effect on a scenic X vista? (Source: 2,3,4,6) b) Substantially damage scenic resources,including X but not limited to trees,rock outcroppings,and historic buildings within a state scenic highway? (Source: 2,3,4,6) c) Substantially degrade the existing visual character X or quality of the site and its surroundings? (Source: 2,3,4,6) d) Create a new source of substantial light or glare X which would adversely affect day or nighttime views in the area?(Source: 6) 2.Agricultural Resources Would the project: a) Convert Prime Farmland,Unique Farmland or Farmland of Statewide Importance,as shown on the maps prepared pursuant to the Farmland X Mapping and Monitoring Program of the California Resources Agency,to a non- agricultural use? (Source: 2,6) b) Conflict with existing zoning for agriculture use, X or a Williamson Act contract? (Source: 2,6) c) Involve other changes in the existing environment which,due to their location or nature,could result in conversion of farmland to a non- X agricultural use? (Source: 2,6) 3.Air Quality(Where available,the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of the X applicable air quality plan? (Source: 2,7) b)Violate any air quality standard or contribute substantially to an existing or projected air X quality violation? (Source: 2,7) City of Dublin Page 21 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation c) Result in a cumulatively considerable net increase X 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? (2,3,4,7) d) Expose sensitive receptors to substantial pollutant X concentrations? (Source: 2,6) e) Create objectionable odors affecting a substantial X number of people?(Source: 6) 4.Biological Resources. Would the project a) Have a substantial adverse effect,either directly through habitat modifications,on any species X identified as a candidate,sensitive,or special status species in local or regional plans,policies or regulations,or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service?(Source: 2,3,4,7) b) Have a substantial adverse effect on any riparian X habitat or other sensitive natural community identified in local or regional plans,policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source: 2,3,4,7) c) Have a substantial adverse effect on federally X 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: Source: 2,3,4,7) d) Interfere substantially with the movement of any X native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? (Source: 3,4,7) e) Conflict with any local policies or ordinances X protecting biological resources,such as tree protection ordinances? (Source: 1,7) City of Dublin Page 22 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation f) Conflict with the provision of an adopted Habitat Conservation Plan,Natural Community Conservation Plan or other approved local, X regional or state habitat conservation plan? (Source: 1,7) 5.Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as defined in X Sec. 15064.5? (Source: 2,3,4,7) b) Cause a substantial adverse change in the significance of an archeological resource X pursuant to Sec. 15064.5 (Source: 2,3,7) c) Directly or indirectly destroy a unique X paleontological resource,site or unique geologic feature?(Source: 2,3,7) d) Disturb any human remains,including those X interred outside of a formal cemetery?(6,7) 6.Geology and Soils. Would the project a) Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: i) Rupture of a known earthquake fault,as delineated on the most recent Earthquake Fault Zoning Map X issued by the State Geologist or based on other substantial evidence of a known fault(Source: 2, 3,4,7) ii) Strong seismic ground shaking (2,6) X iii) Seismic-related ground failure,including X liquefaction? (2,3,4,7) iv) Landslides? (2,3,4,7) X b)Result in substantial soil erosion or the loss of X topsoil? (Source: 2,3,6) c) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project and potentially result in on- X or off-site landslide,lateral spreading, subsidence,liquefaction or similar hazards (Source: 2,3,4,7) 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? X (Source: 2,3,4,7) City of Dublin Page 23 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available X for the disposal of wastewater? (Source: 1,2) 7.Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport,use or disposal of hazardous materials X (Source: 3,4) b) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Source: 3,4) c) Emit hazardous emissions or handle hazardous materials or acutely hazardous materials, X substances,or waste within one-quarter mile of an existing or proposed school? (Source: 3,4) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Sec. 65962.5 and,as a result, X would it create a significant hazard to the public or the environment? (Source: 7) e) For a project located within an airport land use X plan or,where such a plan has not been adopted within two miles of a public airport of public use airport,would the project result in a safety hazard for people residing or working in the project area?(Source: 7) f) For a project within the vicinity of private airstrip, X would the project result in a safety hazard for people residing or working in the project area? (Source: 7) g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? X (Source: 7) City of Dublin Page 24 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation h) Expose people or structures to a significant risk of loss,injury or death involving wildland fires, X including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 1,2,4,5) 8.Hydrology and Water Quality. Would the project: a)Violate any water quality standards or waste discharge requirements? (Source: 2,5 ) X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer X volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted?(2) c) Substantially alter the existing drainage pattern of X 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: 2,5,6) d) Substantially alter the existing drainage pattern of X the site or areas,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 5,6) e) Create or contribute runoff water which would X exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Source: 5) f) Otherwise substantially degrade water quality? X (Source: 3,5) 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 X delineation map?(Source: 7) City of Dublin Page 25 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation h) Place within a 100-year flood hazard area structures which would impede or redirect flood X flows?(Source: 7) i) Expose people or structures to a significant risk of loss,injury,and death involving flooding, X including flooding as a result of the failure of a levee or dam? (7) j) Inundation by seiche,tsunami or mudflow? (5) X 9.Land Use and Planning. Would the project: a) Physically divide an established community? X (Source: 1,2,3,4,6) 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 X general plan,specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X (1,2) 10.Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the X region and the residents of the state? (Source: 1, 2) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general Plan,specific plan X or other land use plan?(Source:1,2) 11.Noise. Would the proposal result in: a) Exposure of persons to or generation of noise X levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? (2,3,4) b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise X levels?(Source: 2,3,4) c)A substantial permanent increase in ambient noise X levels in the project vicinity above existing levels without the project? (2,3,4) City of Dublin Page 26 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation d)A substantial temporary or periodic increase in X ambient noise levels in the project vicinity above levels existing without the project? (2,3,4) e) For a project located within an airport land use X plan or,where such a plan has not been adopted, within two miles of a public airport or public use airport,would the project expose people residing or working n the project area to excessive noise levels? (2, 3,4) f) For a project within the vicinity of a private X airstrip,would the project expose people residing or working in the project area to excessive noise levels? (Source: 7) 12.Population and Housing. Would the project a) Induce substantial population growth in an area, X either directly or indirectly (for example, through extension of roads or other infrastructure)? (Source: 1,2,3,4) b) Displace substantial numbers of existing housing, necessitating the construction of replacement X housing elsewhere?(6) c) Displace substantial numbers of people, necessitating the construction of replacement of X housing elsewhere?(Source: 6) 13.Public Services. Would the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered government facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public services? (Sources: 5) Fire protection X Police protection X Schools X Parks X Other public facilities X Solid Waste X City of Dublin Page 27 Initial Study(Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation 14.Recreation: a) Would the project increase the use of existing X neighborhood and regional parks or recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated (Source: 2,3,4) b) Does the project include recreational facilities or X require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 2,5) 15.Transportation and Traffic. Would the project: a) Cause an increase in traffic which is substantial in X 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)?(2,3,4) b) Exceed,either individually or cumulatively,a X level of service standard established by the County Congestion Management Agency for designated roads or highways? (2,3,4) c) Result in a change in air traffic patterns,including either an increase in traffic levels or a change in X location that results in substantial safety risks? (2,3,4) d) Substantially increase hazards due to a design feature(e.g. sharp curves or dangerous intersections) or incompatible uses,such as farm X equipment? (5) e) Result in inadequate emergency access? (6) X f) Result in inadequate parking capacity? (6) X g)Conflict with adopted policies,plans or programs X supporting alternative transportation (such as bus turnouts and bicycle facilities) (1,2) City of Dublin Page 28 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation 16.Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? (2,3,4,5) b) Require or result in the construction of new water X or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? (2,3) c) Require or result in the construction of new storm X water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects?(3,4,5) d) Have sufficient water supplies available to serve X the project from existing water entitlements and resources,or are new or expanded entitlements needed?(5) e) Result in a determination by the wastewater X treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments?(5) f) Be served by a landfill with sufficient permitted X capacity to accommodate the project's solid waste disposal needs? (5) g) Comply with federal,state and local statutes and X regulations related to solid waste?(5) 17.Mandatory Findings of Significance. a) Does the project have the potential to degrade X the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, substantially reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? City of Dublin Page 29 Initial Study/Tassajara Highlands Project July 2014 Potentially Less Than Less than No New Significant Significant Significant Impact Impact With Impact Mitigation b) Does the project have impacts that are X individually limited,but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial adverse effects on human X beings,either directly or indirectly? Sources used to determine potential environmental impacts 1. Eastern General Plan Amendment/Specific Plan 2. Eastern Dublin General Plan Amendment/Specific Plan SEIR 3 Fredrich MND 4 Vargas MND 5. Discussion with City staff or service provider 6. Site Visit 7. Other Source XVII. Earlier Analyses a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Portions of the environmental setting, project impacts and mitigation measures for this Initial Study refer to environmental information contained in the 1993 Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report(State Clearinghouse No. 91103064), hereinafter referred to as the Eastern Dublin EIR. The Eastern Dublin EIR is a Program EIR which was prepared for the Eastern Dublin General Plan Amendment and Specific Plan of which this Project is a part. It was certified by the Dublin City Council on May 10, 1993. Following certification of the EIR, the Council adopted a Statement of Overriding Considerations for impacts including but not limited to: cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise and visual. The Eastern Dublin EIR contains a large number of mitigation measures which apply to this Project and which would be applied to any development within the Project area. Specific mitigation measures identified in the certified Eastern Dublin EIR for potential impacts are referenced in the text of this Initial Study. City of Dublin Page 30 Initial StudyfTassajara Highlands Project July 2014 This Initial Study relies on two other adopted Mitigated Negative Declarations for the subject properties, as follows: • Mission Peak/Fallon Crossing Mitigated Negative Declaration, adopted by City Council Resolution No. 71-06 on May 16, 2006 ("Fredrich Project MND.") • Vargas Project Mitigated Negative Declaration, adopted by City Council Resolution No. 57-07 on May 1, 2007 (Vargas Project MND). Pursuant to CEQA Guidelines Section 15162 and 15163, this Initial Study is intended to identify the potential for any new or substantially increased significant impacts on or of the project which were not evaluated in the Eastern Dublin EIR the Mission Peak MND or the Vargas Project MND and which would require additional environmental review. City of Dublin Page 31 Initial StudylTassajara Highlands Project July 2014 Attachment to Initial Study Discussion of Checklist 1. Aesthetics Environmental Setting The project is set in an existing rural area of Eastern Dublin that is transitioning to urban uses under the auspices of the City of Dublin General Plan Amendment and Eastern Dublin EIR, adopted in 1993. The project site is characterized by moderate to steep sloping hill in the south-central portion of the site that slopes to the north and west towards Tassajara Creek. Tassajara Road forms the easterly boundary of the site and Moller Creek flows just south of the site. Two existing dwellings and a number of agricultural outbuildings are located on the project site. A number of trees are also present on the site. Surrounding land uses include the Tipper property to the north (currently owned by the Singh family) that is a rural homestead. Land to the west is within a permanent open space easement area within and adjacent to Tassajara Creek. The Dublin Ranch West site (also known as the Wallis Ranch) lies west of the open space easement and has been approved for residential development at a mix of densities and product types. Moller Creek flows immediately to the south of the project site. Located to the east of the project site is a residential project, known as the Fallon Crossing/Mission Peak that is currently under construction by Standard Pacific consisting of 106 single-family units. As a largely rural area, minimal light sources exist on the project site. Major light sources include house and security lighting associated with the two existing residences. Limited lighting exists to the east within the Fallon Crossing/Mission Peak development, primarily security lighting. Regulatory framework Alameda Countv Scenic Route Element In May, 1966, Alameda County adopted a Scenic Route Element of the County General Plan. The Element identifies Tassajara Road as a Major Rural Road. The County's General Plan Element has been incorporated by reference into the City of Dublin General Plan. The Scenic Route Element contains the following principles that apply to scenic route rights-of-way: • Design scenic routes to minimize grading in rights-of-way; • Landscape rights-of-way of existing and proposed routes; • Utilize scenic route identification signs. City of Dublin Page 32 Initial Study/Tassajara Highlands Project July 2014 Dublin General Plan. The project area is included in the Eastern Dublin Extended Planning Area. Implementing Policy C.2 of the General Plan states that "proposed site grading and means of access will not disfigure ridgelands." Further, Implementing Policy C. 5 requires development projects to be consistent with all applicable General Plan and Specific Plan policies." Eastern Dublin Specific Plan. The City of Dublin adopted the Eastern Dublin Specific Plan (EDSP) in 1993 to guide the future development of approximately 7,200 acres of land in the eastern Dublin area. The Specific Plan includes a number of policies and programs dealing with visual resources, including but not limited to protection of ridgelines and ridgelands, scenic corridors, and hillside development. Eastern Dublin Scenic Corridor Policies and Standards. In 1996, the City of Dublin adopted scenic policies and standards for the Eastern Dublin area, known as the Eastern Dublin Scenic Corridor Policies and Standards. This document identifies the site as lying within Zone 5, the Fallon Village Open Space area. This corridor area is defined primarily by lands adjacent to public rights-of-way, which should be park, rural residential, open slopes or riparian drainage areas. Previous CEOA documents Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated visual resource impacts from the General Plan and EDSP project. These include: • Mitigation Measure 3.8/1.0 reduced project impacts related to standardized tract development (IM 3.8/13) to a less-than-significant level. This mitigation requires future developers to establish visually distinct communities which preserves the character of the natural landscape by protecting key visual elements and maintaining views from major travel corridors. • Mitigation Measure 3.8/2.0 reduced the impact of converting the rural and open space character of the General Plan Amendment and Specific Plan area (IM 3.8/B) but not to a less-than-significant level. The mitigation measure requires implementation of the land use plan that emphasizes retention of predominant natural features. Even with adherence to this measure, IM 3.8/B would remain significant and unavoidable on both a project and cumulative level. • Mitigation Measure 3.8/3.0 would reduce the impact of obscuring distinctive natural features of the General Plan Amendment and Specific Plan area (IM 3.8/C) but not to a less-than-significant level. The mitigation measure requires implementation of the land use plan that emphasizes retention of predominant natural features. • Mitigation Measures 3.8/4.0-4.5 reduced the impact of altering the visual quality of hillsides (IM 3.8/1)) to a less-than-significant level. These mitigation measures require implemtation of appropriate Eastern Dublin Specific Plan policies City of Dublin Page 33 Initial Study/Tassajara Highlands Project July 2014 including but not limited to use of sensitive grading design to minimize grading, use of existing topographic features, limiting use of flat pads for construction, using building designs that conform to natural land forms, recontouring hillside to resemble existing topography and minimizing the height of cut and fill slopes. • Mitigation Measures 3.8/5.0-5.2 reduced the impact of altering the visual quality of ridges (IM 3.8/E) to a less-than-significant level. These mitigation measures limit development on main ridges that border the Specific Plan area to the north and east but are allowed on foreground hills, and would limit development in locations where scenic views would be obscured or would extend above a ridgetop. • Mitigation Measure 3.8/6.0 reduced the impact of altering the visual quality of watercourses (IM 3.8/G) to a less-than-significant level. This mitigation measure protects Tassajara Creek and other stream courses from unnecessary alteration or disturbance, and adjoining development should be sited to maintain visual access to stream corridors. • Mitigation Measures 3.8/7.0 and 7/1 reduced impacts on scenic vistas (IM 3.8/1) to a less-than-significant level. These mitigation measures require protection of designated open space areas and directs the City to conduct a visual survey of the EDSP area to identify and map viewsheds. Vargas Project MND • Mitigation Measure 1 requires submittal of a visual survey and analysis with future Stage 2 Planned Development applications to ensure that future developments on this site comply with the Eastern Dublin Scenic Corridor Policies; that views of the Tassajara Creek bank are protected; and, that distinctive natural features on the site will be visible, once development is complete. • Mitigation Measure 2 requires that future developments retain as much of the existing topographic pattern as possible. No new aesthetic impacts or mitigation measures were identified in the Mission Peak MND. The proposed project will be required to adhere to applicable mitigation measures related to aesthetics set forth in the Eastern Dublin EIR and Vargas Project MND. Project Impacts a) Have a substantial adverse impact on a scenic vista? No New Impact. The Eastern Dublin EIR identifies that implementation of the Eastern Dublin Specific Plan would result in a potentially significant impact (Impact 3.8/1), development on the project area [i.e. the Eastern Dublin planning area] will alter the character of existing scenic vistas and may obscure important sightlines). Adherence to Mitigation Measure 3.8/7.0 contained in the Eastern Dublin EIR reduced this City of Dublin Page 34 Initial Study/Tassajara Highlands Project July 2014 impact to a less-than-significant impact. This measure requires the City to complete a visual assessment and guidelines for the Eastern Dublin area. This has been completed. The proposed project would include lowering the height of the existing small hill on the site and raising the topographic grades of the northern and western portions of the site to construct project improvements. The portion of the site closest to Tassajara Creek would not be graded and would remain in its existing natural area. The Tassajara Road frontage of the project site would be changed from a generally undeveloped, natural area to a more urban streetscape, typical of other housing developments south of the site along Tassajara Road. The proposed streetscape appearance would include street trees, other ornamental plantings and a noise barrier wall. The streetscape appearance would be similar to other residential subdivisions located further south on Tassajara Road in the Eastern Dublin area and generally consistent with previous development approvals on the project site. This developed condition of the site was envisioned in the Eastern Dublin Specific Plan. Applicable mitigation measures contained in the Eastern Dublin EIR, the visual policies contained in the EDSP and Vargas project MND mitigation measures will apply to this project and no new or more severe significant impacts would occur. b) Substantially damage scenic resources, including those within state scenic highway? No New Impact. The project site has extensive frontage along Tassajara Road, a County and City-designated scenic highway. The project site adjacent to Tassajara Road consists of natural and ornamental landscaping with no significant stands of native trees, significant rock outcrops or other significant scenic resources. Two single-family dwellings and a number of outbuildings have also been constructed o the site. The appearance of the project frontage is proposed to change from a largely natural condition to a more urban environment with the addition of ornamental trees and landscaping and a noise barrier wall. Proposed improvements adjacent along Tassajara Road have been anticipated in the Mission Peak MND and Vargas MND as well as the Eastern Dublin Specific Plan. The Eastern Dublin EIR identifies that implementation of the Eastern Dublin Specific Plan and General Plan Amendment to add new residential, commercial and similar urban uses in the then-vacant project area would result in a significant and unavoidable impact to the Eastern Dublin planning area (see EDSP Impact 3.8/B), including the Tassajara Highlands property. Mitigation measures have been included in the Eastern Dublin EIR to minimize hillside grading, although some amount of hillside grading would likely be needed to accommodate proposed development improvements. The project developer will also be required to comply with hillside grading requirements contained in the Eastern Dublin EIR to minimize the visual effects of grading. No new or more significant severe impacts would occur with respect to damage to scenic resources than analyzed in previous CEQA documents. No additional review is required. City of Dublin Page 35 Initial Study/Tassajara Highlands Project July 2014 c) Substantially degrade existing visual character or the quality of the site? No New Impact. The proposed project includes the consideration of a development plan on the Vargas and Fredrich properties. Aesthetic impacts would include disturbance of existing vegetation and paving of undeveloped land to create project roadways, grading of the area to create development areas and removal of existing single-family residences and outbuildings on the site. The Eastern Dublin EIR addressed the following potential impacts related to visual and aesthetics impacts of adopting the Eastern Dublin Specific Plan: Impact 3.8/B: Urban development of the project site will substantially alter the existing rural and open space qualities that characterize Eastern Dublin The Eastern Dublin EIR identified one measure to mitigate this impact (Mitigation Measure 3.8/2.0, "Implement the land use plan for the project site which emphasizes retention of predominant natural features..."). Both the approved and current development plans on the project site would adhere to this mitigation measure by preserving on-site natural features (Moller Creek and adjacent ridge-tops). However the Eastern Dublin EIR concluded that even with adherence to this mitigation, alteration of rural and open space on the project site would remain a potentially significant impact. A potential visual impact would be grading and recontouring of the existing hillside in the approximate center of the site which would be required to facilitate development on the project site. The Eastern Dublin EIR addresses this impact and included mitigation measures that reduced this impact to a less-than- significant level. No new or more severe significant impacts have been identified in this Initial Study with respect to degradation of the visual character of the site and no further review is required. d) Create light or glare? No New Impact. The project site contains minimal light sources and construction of the proposed project would add additional light sources in the form of streetlights along the proposed roadway as well as new housing and yard lights. Properties adjacent to the project to the north and east (Tipper and Moller Ranch) are primarily rural and/or contain special-status biological wildlife species. City of Dublin development requirements will be imposed as part of the normal and customary review process to restrict spillover of unwanted light off of the project site. No new or more severe significant impacts would result with respect to light and glare than has been previously analyzed in previous CEQA documents. No additional review is required. 2. Agricultural and Forestry Resources Environmental Setting The Eastern Dublin EIR identifies the project site as a combination of 'locally important farmland" and "other lands," which lie adjacent to Tassajara Creek (see EDSP Figure 3.1-B). The Vargas MND states that this property was used for cattle grazing prior to the City of Dublin Page 36 Initial Study/Tassajara Highlands Project July 2014 1960's but this activity ceased when the residential dwelling was constructed during this time period. Grazing also likely occurred on the Fredrich property as well, but has also ceased. No other agricultural operations have been observed on the project site. Figure 3.1-C contained in the Eastern Dublin EIR notes that a 5-acre portion of the Vargas property was under a Williamson Act Land Conservation Agreement in 1993, as of the date of EIR publication. The EIR also stated that the Contract was non-renewed and this contract has since expired. No other Williamson Act contracted properties exist on the site. A number of non-native trees exist on the site which have been planted as landscaping for existing residences. No forests or major stands of trees have been observed on the site, including Heritage Trees as defined in the Dublin Municipal Code (reference: "Heritage Tree Letter, Vargas/Fredrich Property, Dublin CA" by HortScience, dated July 3, 2014). Previous CEQA documents Eastern Dublin EIR. The Eastern Dublin EIR identified several potential impacts related to agricultural resources. Impact IM 3.1/C stated that discontinuation of agricultural uses would be an insignificant impact due to on-going urbanization trends in Dublin and the Tri-Valley area. Impact 3.1/D identified a loss of lands of Farmlands of Local Importance with approval and implementation of the General Plan and Specific Plan. This was also noted as an insignificant impact. Impact 3.1/F stated that buildout of Specific Plan land uses would have a significant and unavoidable impact on cumulative loss of agricultural and open space lands. Finally, Impact IM 3.1/E noted indirect impacts related to non-renewal of Williamson Act contracts. This impact was also identified as an insignificant impact. Fredrich Project MND. No impact to agricultural resources were identified in this document. Vargas Project MND. Agricultural resource were found to be less-than-significant in the Vargas MND. Project Impacts a,c) Convert prime farmland to a non-agricultural use or involve other changes which could result in conversion of farmland to a non-agricultural use? No New Impact. No significant impacts were identified with respect to agricultural resources in previous CEQA documents listed above. No new conditions have been identified in this Initial Study with respect to conversion of prime farmland to a non- agricultural use and residential development is proposed as assumed in the EDEIR. No new or more severe significant impacts would result than were analyzed in previous CEQA documents for this site and additional analysis is not required. City of Dublin Page 37 Initial Study/Tassajara Highlands Project July 2014 The proposed project would continue to contribute to cumulative loss of agricultural land and open space, which was identified as a significant and unavoidable impact in the Eastern Dublin EIR (Impact 3.1/F). b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No New Impact. The City of Dublin has previously zoned the project site for residential uses. No Williamson Act contracts presently exist on the site nor are any agricultural operations on-going. No new or more severe significant impacts would result than have been previously analyzed in other CEQA documents for the site. No additional analysis is required. d) Result in the loss of forest land or conversion of forest land to a non forest use? No Impact. No forest land exists on the project site and no impact would result with respect to this topic. No additional analysis is required. e) Involve other changes which, due to their location or nature, could result of forest land to a non forest use? No Impact. See item "d," above. 3. Air Quality Environmental Setting The project is within the Amador Valley, a part of the Livermore sub-regional air basin distinct from the larger San Francisco Bay Area Air Basin. The Livermore sub-air basin is surrounded on all sides by high hills or mountains. Significant breaks in the hills surrounding the air basin are Niles Canyon and the San Ramon Valley, which extends northward into Contra Costa County. Previous CEQA Documents Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated air quality impacts from the General Plan and EDSP project. These include: • Mitigation Measure 3.11/1.0 reduced impacts related to emission of construction generated dust to a less-than-significant level by requiring construction projects to water graded areas in the late morning and end of the day, cleanup mud and dust onto adjacent streets on a daily basis, covering of haul trucks, avoiding unnecessary idling of construction equipment, revegetating graded areas and similar measures. • Mitigation Measures 3.11/2.0-4.0 reduced project and cumulative impacts related to vehicle emission from construction equipment (IM 3.11/B) but not to a less- than-significant level. These mitigations require emission control from on-site equipment, completion of a construction impact reduction plan and others. Even with adherence to these mitigations, this impact would remain significant and unavoidable. City of Dublin Page 38 Initial Study/Fassajara Highlands Project July 2014 • Mitigation Measures 3.11/5.0-11.0 reduced mobile source emission from ROG and NOx (IM 3.11/C) but not to a less-than-significant level. Mitigation measures require coordination of growth with transportation plans and other measures. Many of which are at a policy (not a project) level. Even with adherence to adopted mitigations, IM 3.11/C would remain significant and unavoidable. • Mitigation Measures 3.11/12.0-13.0 reduced project and cumulative impacts related to stationary source emissions (IM 3.11/E) but not to a less-than- significant level. The two adopted mitigations require reduction of stationary source emissions to the extent feasible by use of energy conservation techniques and recycling of solid waste material. Even with adherence to the two measures, stationary source emissions would remain significant and unavoidable. Fredrich Project MND. The Fredrich MND identified three supplemental air quality mitigation measures in addition to EDSP mitigation measures: • Mitigation Measure 14 required contractors to water or cover stockpiles of debris, soil, sand or other materials that could be blown by the wind. • Mitigation Measure 15 required contractors to sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas of construction sites • Mitigation Measure 16 required contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. Vargas Project MND. The Vargas MND included Mitigation Measures 14 through 16 as contained in the Fredrich MND. The proposed project will be required to adhere to applicable mitigation measures related to air quality. Project Impacts a) Would the project conflict or obstruct implementation of an air quality plan? No New Impact. The amount of residential development proposed on the Tassajara Highlands site would be less than previously considered and approved by the City of Dublin. The current project includes up to 54 single-family dwellings. Previous CEQA documents and land use approvals included the development of up to 68 dwellings on the Fredrich property and 33 dwellings on the Vargas property for a total of up to 101 dwellings. Thus, the current project would represent a reduction of up to 47 dwellings from currently approved plans. The number of approved dwellings, 101 dwellings, was used in the preparation of the existing Regional Clean Air Plan. Therefore, approval and implementation of the proposed project would not represent a substantial dwelling unit increase that would conflict with or obstruct the regional clean air plan. No new or more severe significant impacts would result than was previously analyzed in other CEQA documents. No additional analysis is required. City of Dublin Page 39 Initial Study/Tassajara Highlands Project July 2014 Related Criteria Air Pollutant Precursor Screening Level Sizes" Qattp://www.baagmd.gov/-/media/Files/Plannin %20ar1d (,20Research/CEQA /Draft BAAOMD CEQA Guidelines May 2010 Final ashx) establish the minimum residential project sizes in terms of dwelling units that, below which, no air quality impacts would occur. For single-family dwellings, the following dwelling unit sizes are included in the screening level. • Operation Criteria (NOX): 325 single-family dwellings • GHG Screening: 56 single-family dwellings a Construction (ROG): 114 single-family dwellings Since the proposed project would contain 54 dwellings, below all of the District's air quality screening levels, there would be no supplemental impact. There would be no new or more severe significant impacts with respect to violation of air quality standards than has been previously analyzed. No additional review is required. The proposed Tassajara Highlands project would continue to contribute to the cumulative impacts related to dust deposition, construction equipment emissions, mobile source emissions and stationary source emissions, but to a somewhat lesser degree than previously analyzed due to fewer dwellings proposed. These impact (Impacts (IM/3.11/A, B,C and E contained in the Eastern Dublin EIR) were was found to be significant and unavoidable when the Eastern Dublin Specific Plan was approved. c) Would the project result in cumulatively considerable air pollutants? No New Impact. The number of dwelling units included in the Tassajara Highlands fall below the minimum screening thresholds for a significant air quality impact on a project and cumulative basis and is less than half of the units considered in prior CEQA reviews. The number of build-out dwelling units would also be less than currently included in the Regional Clean Air Plan. So there would be no new or more severe significant impacts with respect to cumulative air quality impacts than have been previously analyzed and no additional review is needed. d,e) Expose sensitive receptors to substantial significant pollutant concentrations or create objectionable odors? No New Impact. No sensitive receptors, including but not limited to schools or hospitals, exist or are planned within or adjacent to the project area, so no impacts would result. Similarly, the site is not located adjacent to any freeways or major highway corridors that would release significant air emissions. Since the proposed project does not include manufacturing or similar uses uses, no objectionable odors would be created. The Eastern Dublin EIR identified this impact as a potentially significant cumulative impact which could not be mitigated to achieve the eight-fold reduction in stationary source emissions needed to meet City of Dublin Page 40 Initial Study/Tassajara Highlands Project July 2014 the insignificant threshold and, pursuant to CEQA, the City of Dublin adopted a Statement of Overriding Consideration for this impact. No new severe significant impacts are identified in this Initial Study beyond those identified in the Eastern Dublin EIR and other CEQA documents ad no additional analysis is needed. 4. Biological Resources Environmental Setting The project site is located east of Tassajara Creek with Moller Creek, a tributary of Tassajara Creek, flowing south of the site in a generally northeast-southwest direction south of the project site. The Eastern Dublin EIR identifies the biological character of the Tassajara Highlands site as "ruderal field" which contains a mix of native and non-native species, primarily weedy species such as thistles, mustards and similar grasses (see EDSP EIR Figure 3.7- A). Non-native, introduced trees and shrubs have been planted on the site as part of existing residences. Based on a more recent biological analysis of the site ('Biological Resources Analysis Report Addendum for the Tassajara Highlands residential Development Project" prepared by Marylee Guinon LLC and Olberding Environmental Inc, dated May 2014.) This report is hereby incorporated by reference into this Initial Study and is available for review at the Dublin Community Development Department during normal business hours.). The May 2014 biological report also notes that in addition to ruderal grassland, the site contains creek channel and valley foothill vegetation types. The report notes that 1.47 acres of the site have been developed with dwellings, outbuildings and access roads. The western and southern boundaries of the site are bordered by Tassajara Creek(west) and Moller Creek (south). These area support riparian habitat, including but not limited to stand of arroyo willows and similar plants. Small area of wetlands and Waters of the US were identified on the Vargas property in previous CEQA documents, including 0.483 acre of potential jurisdictional wetlands. Existing grassland habitat on the site provides suitable habitat for a range of amphibians, reptiles birds and mammals, although the quality of habitat has been degraded by existing housing on the site, the presence of outbuildings and previous cultivation of portions of the site. A number of these species are considered special- status, protected species. An analysis of existing trees on the site were conducted by a Hortscience dated January 2007 ("Updated Tree Report, Vargas/Fredrich Property. Dublin CA, January 2007." A supplemental letter from Hortscience was submitted on July 3, 2014. These reports are hereby incorporated by reference into this Initial Study and is available for review at the Dublin Community Development Department during normal business hours. The Hortscience arborist report found sixty (60) trees on the site, including a mix of non- native, introduced trees near residences and a stand of native oak trees near Tassajara Creek. City of Dublin Page 41 Initial Study/Tassajara Highlands Project July 2014 Regulatory framework California Fish and Wildlife Code Section 1600. Streams, lakes, and riparian vegetation as habitat for fish and other wildlife species, are subject to jurisdiction by CDFW under Sections 1600-1616 of the California Fish and Game Code. Any activity that will do one or more of the following: 1) substantially obstruct or divert the natural flow of a river, stream, or lake; 2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or 3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake; generally require a 1602 Lake and Streambed Alteration Agreement. The term "stream," which includes creeks and rivers, is defined in the California Code of Regulations (CCR) as follows: "a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation" (14 CCR 1.72). In addition, the term stream can include ephemeral streams, dry washes, watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other means of water conveyance if they support aquatic life, riparian vegetation, or stream-dependent terrestrial wildlife. Riparian is defined as, "on, or pertaining to, the banks of a stream;" therefore, riparian vegetation is defined as, "vegetation, which occurs in and/or adjacent to a stream and is dependent on, and occurs because of, the stream itself." Removal of riparian vegetation also requires a Section 1602 Lake and Streambed Alteration Agreement from CDFG. Section 404 of the Clean Water Act. Section 404 of the Clean Water Act gives the U.S. Environmental Protection Agency (EPA) and the Corps regulatory and permitting authority regarding discharge of dredged or fill material into "navigable waters of the United States." Section 502(7) of the Clean Water Act defines navigable waters as "waters of the United States, including territorial seas." Section 328 of Chapter 33 in the Code of Federal Regulations defines the term "waters of the United States" as it applies to the jurisdictional limits of the authority of the Corps under the Clean Water Act. A summary of this definition of "waters of the U.S." in 33 CFR 328.3 includes (1) waters used for commerce; (2) interstate waters and wetlands; (3) "other waters" such as intrastate lakes, rivers, streams, and wetlands; (4) impoundments of waters; (5) tributaries to the above waters; (6) territorial seas; and (7) wetlands adjacent to waters. Therefore, for purposes of determining Corps jurisdiction under the Clean Water Act, "navigable waters" as defined in the Clean Water Act are the same as "waters of the U.S." defined in the Code of Federal Regulations above. The limits of Corps jurisdiction under Section 404 as given in 33 CFR Section 328.4 are as follows: (a) Territorial seas: three nautical miles in a seaward direction from the baseline; (b) Tidal waters of the U.S.: high tide line or to the limit of adjacent non-tidal waters; (c) Non-tidal waters of the U.S.: ordinary high water mark or to the limit of adjacent wetlands; (d) Wetlands: to the limit of the wetland. Some areas that meet the technical criteria for wetlands or waters may not be jurisdictional under the Clean Water Act. Included in this category are some man- City of Dublin Page 42 Initial Study/Tassajara Highlands Project July 2014 induced wetlands, which are areas that have developed at least some characteristics of naturally occurring wetlands due to either intentional or incidental human activities. Examples of man-induced wetlands may include, but are not limited to, irrigated wetlands, impoundments, or drainage ditches excavated in uplands, dredged material disposal areas, and depressions within construction areas. In addition, some isolated wetlands and waters may also be considered outside of Corps jurisdiction as a result of the Supreme Court's decision in Solid Waste Agency of Northern Cook County (SWANCC) v. United States Army Corps of Engineers (531 U.S. 159 (2001)). Isolated wetlands and waters are those areas that do not have a surface or groundwater connection to, and are not adjacent to a "navigable waters of the U.S.", and do not otherwise exhibit an interstate commerce connection. Section 401 of the Clean Water Act. Section 401 of the Clean Water Act (33 U.S.C. 1341) requires any applicant for a federal license or permit to conduct any activity that may result in a discharge of a pollutant into waters of the United States to obtain a certification from the state in which the discharge originates or would originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the affected waters at the point where the discharge originates or would originate, that the discharge will comply with the applicable effluent limitations and water quality standards. A certification obtained for the construction of any facility must also pertain to the subsequent operation of the facility. The responsibility for the protection of water quality in California rests with the State Water Resources Control Board (SWRCB) and its nine Regional Water Quality Control Boards (RWQCBs). Federal and California Endangered Species Acts. The Federal Endangered Species Act (FESA) of 1973 prohibits federal agencies from authorizing, permitting, or funding any action that would jeopardize the continued existence of a plant or animal species listed or a candidate for listing as Threatened or Endangered under the ESA. If a federal agency is involved with a proposed action or project that may adversely affect a listed plant or animal, that agency must enter into consultation with the USFWS under Section 7 (a) (2) of the FESA. Individuals, corporations, and state or local agencies with proposed actions or projects that do not require authorizing, permitting, or funding from a federal agency but that may result in the "take" of listed species or candidate species are required to apply to the USFWS for a Section 10(a) incidental take permit. The State of California enacted similar laws to the FESA, the California Native Plant Protection Act (NPPA) in 1977 and the California Endangered Species Act (CESA) in 1984. The CESA expanded upon the original NPPA and enhanced legal protection for plants, but the NPPA remains part of the California Fish and Game Code. To align with the FESA, CESA created the categories of "threatened" and "endangered" species. The State converted all animal species listed as "rare" under the FESA into the CESA as threatened species, but did not do so for rare plants. Thus, these laws provide the legal framework for protection of California-listed rare, threatened, and endangered plant and animal species. CDFW implements NPPA and CESA, and its Wildlife and Habitat Data Analysis Branch maintain the CNDDB, a computerized inventory of information on the general location and status of California's rarest plants, animals, and natural communities. During the CEQA review process, CDFW is given the opportunity to City of Dublin Page 43 Initial Study/Tassajara Highlands Project July 2014 comment on the potential of the proposed project to affect listed plants and animals. East Alameda County Conservation Strategy. The project site is located in the East Alameda County Conservation Strategy ("Conservation Strategy") Study Area. The Conservation Strategy is intended to provide an effective framework to protect, enhance, and restore natural resources in eastern Alameda County, while improving and streamlining the environmental permitting process for impacts resulting from infrastructure and development projects. The City of Dublin is a partner in the Conservation Strategy and uses the document to provide a baseline inventory of biological resources and conservation priorities during project-level planning and environmental permitting. Eastern Dublin Comprehensive Stream Restoration Program. The Eastern Dublin Comprehensive Stream Restoration Program was adopted by the City of Dublin in 1996 as an implementation program required by the Eastern Dublin General Plan Amendment and Specific Plan. The purpose of this document is to provide more detailed requirements relating to hydrologic and biological conditions for individual development projects proposed adjacent to Tassajara Creek and its tributaries, specifically to ensure that Tassajara Creek restoration policies and programs contained in the Eastern Dublin General Plan and Specific Plan are fully implemented. Previous CEQA documents Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts to biological resources from the General Plan and EDSP project. These include: • Mitigation Measures 3.7/1.0-4.0 reduced impacts related to direct habitat loss (IM 3.7/A) to a less-than-significant level. These mitigations require minimization of direct habitat loss due to development, preparation of vegetation management and enhancement plans and development of a grazing management plan by the City of Dublin. • Mitigation Measure 3.7/5.0 reduced impacts related to indirect loss of vegetation removal (IM 3.7/B) to a less-than-significant level. Mitigation Measure 3.7/5.0 requires revegetation of graded or disturbed areas as quickly as possible. • Mitigation Measures 3.7/6.0-17.0 reduced impacts related to loss or degradation of botanically sensitive habitats (IM 3.7/C) but not to a less-than-significant level. These measures require a wide range of steps to be taken by future developers to minimize impacts to sensitive habitat areas, including preserving natural stream corridors, incorporating natural greenbelts and open space into development projects, preparation of individual wetland delineations, preparation of individual erosion and sedimentation plans and similar actions. • Mitigation Measures 3.7/18.0-19.0 reduced impacts related to the San Joaquin kit fox (IM 3.7/D) to a less-than-significant level. These measures require City of Dublin Page 44 Initial Study/Tassajara Highlands Project July 2014 consultation with appropriate regulatory agencies regarding the possibility of kit fox on project sites and restrictions on use of pesticides and herbicides. • Mitigation Measures 3.7/20.0-22.0 reduced impacts related to the tri-colored blackbird (IM 3.7/1) to a less-than-significant level. These measures require preconstruction surveys for this species and protection of impacted habitat areas. These measures also apply to burrowing owl and badger species. • Mitigation Measures 3.7/23.0-24.0 reduced impacts related to destruction of Golden Eagle nesting sites (IM 3.7/J) to a less-than-significant level. These measures require preconstruction surveys for this species and protection of impacted habitat areas. • Mitigation Measure 3.7/25.0 reduced impacts related to loss of Golden Eagle foraging habitat (IM 3.7/K) to a less-than-significant level. This measure requires the identification of a Golden Eagle protection zone within the Eastern Dublin planning area. • Mitigation Measure 3.7/26.0 reduced impacts related to Golden Eagle and other raptor electrocution (IM 3.7/L) to a less-than-significant level. This measure requires undergrounding of electrical transmission facilities. • Mitigation Measure 3.7/20.0, 27.0 reduced impacts related to American badger (IM 3.7/M, N) to a less-than-significant level. This measure mandates a minimum buffer of 300 feet around burrowing owl nesting sites and American badger breeding sites during the breeding season. • Mitigation Measure 3.7/28.0 reduced impacts related to special status invertebrates (IM 3.7/S) to a less-than-significant level. This measure requires follow-on special surveys for these species during appropriate times of the year. The Eastern Dublin EIR also addresses potential impacts and mitigation measures regarding bald eagle, peregrine falcons, red-legged frog, California tiger salamander, western pond turtle the prairie falcon, northern harrier, black-shouldered kite, sharp- shinned hawk, Cooper's hawk, short-eared owl and California horned lizard. Fredrich Project MND. This document includes the following applicable mitigation measures: • Mitigation Measure 17 required the completion of spring surveys for big tar plant, large-flowered fiddleneck, diamond petaled California poppy, Congdon s tarplant and round-leaved filaree prior to start of grading or construction. Results of the surveys shall be provided to the City and California Department of Fish & Wildlife prior to construction. If these species are found, they shall be protected in place or safely relocated. • Mitigation Measure 18 required that, if required by the U.S. Fish & Wildlife Service or the California Department of Fish and Game, surveys for California City of Dublin Page 45 Initial Study/Tassajara Highlands Project July 2014 Tiger Salamander, red-legged frog and western pond turtle shall be conducted at least 60 days prior to start of construction. • Mitigation Measure 19 required that if California tiger salamander species are found on the site, a management plan shall be prepared and approved by appropriate resources regulatory agencies to protect these species. • Mitigation Measure 20 required the installation of a permanent herpetological fence or barrier around the north, east and southern area of the site. • Mitigation Measure 21 required California tiger salamander larval surveys be conducted in the unnamed tributary for the proposed storm drain outfall to determine the presence or absence of CTS larvae. If found, a CTS management plan shall include methods to protect CTA at the outfall location. • Mitigation Measure 22 required completion of a pre-construction survey for nesting raptors prior to commencement of grading within 100 feet of a known nesting tree. Vegetation and tree removal shall be conducted outside of the raptor breeding season. • Mitigation Measure 23 required completion of a pre-construction survey for California horned lark and other ground-nesting birds prior to grading or construction. If these species are found, a protective buffer shall be placed around the nesting area until the young have fledged. • Mitigation Measure 24 required completion of a pre-construction survey for burrowing owls prior to grading or construction between September 31 and January 31. If found, construction shall be limited within 150 feet of any occupied nest. Owls may be removed from the site with necessary permits issued by the California Department of Fish & Wildlife. • Mitigation Measure 25 required a pre-construction survey during the nesting season for burrowing owl and, if found, a minimum 250-foot wide buffer shall be maintained around active nests during the breeding season. • Mitigation Measure 26 required that if destruction of occupied burrowing owl nests are proposed, a the developer shall prepare a strategy to replace burrows by enhancing existing burrows or creating artificial burrows at a 2:1 ratio on protected lands. The plan shall be approved by the California Department of Fish & Wildlife. • Mitigation Measure 30 required that all protection measures required by the California Department of Fish & Wildlife and U.S. Fish & Wildlife Service are implemented and maintained. • Mitigation Measure 31 required all construction personnel receive an education training program regarding special-status species and protection measures. • Mitigation Measure 33 required all grading activity to occur during the dry season to the extent practical. City of Dublin Page 46 Initial Study/Tassajara Highlands Project July 2014 • Mitigation Measure 34 required that any riparian habitat removed to be replaced by replacement riparian habitat at a 3:1 ratio subject to the approval of the California Department of Fish & Wildlife. As part of this measure, a Riparian Habitat Management Plan shall be prepared, consistent with the Eastern Dublin Comprehensive Management Plan and Dublin Ranch Tassajara Creek management Plan. • Mitigation Measure 35 required the project developer to provide proof that all necessary permits and approvals have been obtained from necessary biological regulatory agencies prior to issuance of any City permits. • Mitigation Measure 36 required the project to comply with the Eastern Dublin San Joaquin Kit Fox Protection Plan. Vargas Project MND. The Vargas project MND contains the following mitigation measures: • Mitigation Measure 7 required a pre-construction survey for nesting raptors prior to start of grading operations within 100 feet of any known trees with nests. If active nests are found, a buffer shall be established around the tree between January 1 and August 1, or until the young have fledged. Removal of vegetation with a know raptor nest shall occur during the non-nesting season. • Mitigation Measure 8 required the completion of a pre-construction survey for Red-legged frog no more than 60 days prior to construction or grading. Should this species be identified, a qualified biologist shall work with appropriate regulatory agencies to determine additional measures to avoid impacts to this specie. • Mitigation Measure 9 required the completion of a pre-construction survey for California Tiger Salamander no more than 60 days prior to construction or grading. Should this species be identified, a qualified biologist shall work with appropriate regulatory agencies to determine additional measures to avoid impacts to this specie. • Mitigation Measure 10 required that if California Tiger Salamander are found on the site, a California Tiger Salamander management plan is to be prepared and approved by appropriate biological regulatory agencies prior to start of construction. At minimum, the management plan shall include installation of barrier fences, a trapping and relocation plan, on-site presence of a qualified biologist during construction and limiting grading and vegetation clearance within a 750-foot radius of California Tiger Salamander breeding and migration areas. • Mitigation Measure 11 required the installation of a permanent herpetological fence or barrier around the north, east and southern area of the residential portion of the site. • Mitigation Measure 12 required compliance with the Eastern Dublin San Joaquin Kit Fox Protection Plan. • Mitigation Measure 13 required the completion of a pre-construction survey for Southwestern pond turtle along the Tassajara Creek corridor. If found on City of Dublin Page 47 Initial StudylTassajara Highlands Project July 2014 site, turtles shall be relocated by a qualified biologist and the site blocked from future occupancy by turtles. • Mitigation Measure 14 required the completion of a pre-construction survey for burrowing owls if ground disturbance is to occur between September 1 and January 31. If no overwintering birds are present, burrows may be removed prior to construction. If owls must be removed during this period passive relocation measures shall be prepared and implemented based on current biological regulatory guidelines prior to construction. • Mitigation Measure 15 required that if construction is scheduled during the burrowing owl nesting season (Feb. 1 —Sept. 1), a pre-construction survey shall be conducted within 30 days prior to ground disturbance. A minimum 250-foot wide buffer shall be maintained during the breeding season around active nests to avoid direct take of individuals. • Mitigation Measure 16 required that if occupied owl burrows are destroyed either during the breeding or non-breeding season, a strategy shall be developed and implemented to replace such destroyed burrows by enhancing existing burrows or creating artificial burrows at a 2:1 ratio on nearby lands and shall include permanent protection of a minimum of 6.5 acres of burrowing owl habitat per pair or unpaired resident owls agencies to determine additional measures to avoid impacts to this specie. • Mitigation Measure 17 required the completion of a pre-construction surveys for special-status plant species prior to ground disturbance. Any rare plants shall be plotted and biological regulatory agencies notified of their presence. Special-status plants shall be protected from site construction or relocated to an alternative site as required by the resource agency. • Mitigation Measure 18 required the approval of a formal wetland delineation from the U.S. Army Corps of Engineers prior to issuance of building permits or a grading permit. • Mitigation Measure 19 required the project developer to retain a qualified biologist to develop a plant to mitigate impacts to 0.397 acre of wetlands at a 2:1 ratio and 0.086 acre of waters of the United States at a 1:1 ratio. Appropriate methods of mitigation include creation of replacement wetlands or other methods as approved by the Corps of Engineers. • Mitigation Measure 20 required that construction and grading activities related to the trail system and grading activities located within the 100 foot creek setback shall be protected during construction of the trail and water quality pond and shall not occur during the wet season (Oct. 1-April 15). • Mitigation Measure 21 required that prior to issuance of a building or grading permit, a creek and riparian resources protection plan shall be prepared for construction of a trail and water quality pond. At minimum, the plan shall include construction fencing, project schedule and erosion control measures. The proposed project will be required to adhere to applicable biological resource mitigation measures contained in the previous CEQA documents prepared for the site. City of Dublin Page 48 Initial Study/Tassajara Highlands Project July 2014 Project Impacts a) Have a substantial adverse impact on a candidate, sensitive, or special-status species? No New Impact. The Eastern Dublin EIR, Vargas and Fredrich MNDs all document the presence of special-status plant and wildlife species on the project site. Numerous mitigation measures are included in these various documents to reduce impacts to candidate, sensitive and special-status species to a less-than significant level. These are listed above. As noted above, the project site was analyzed in multiple previous CEQA documents, each with slightly different mitigation requirements. To provide a consistent method of monitoring biological mitigation measures, a recommended condition of project approval is to have a qualified biologist prepare a Comprehensive Biological Resources Management Plan to compile the various biological mitigation measures contained in the previous CEQA documents in a logical manner. Completion of this Plan, prior to issuance of a grading permit, will ensure that all previous applicable measures are logically complied to eliminate overlap and duplication and be monitored at the appropriate stage of the proposed project. Therefore, no new or more severe significant impacts with respect to candidate, sensitive or special-status species would occur than have been analyzed in the three previous CEQA documents. No additional analysis is required. The proposed project would continue to contribute to cumulative loss or degradation of botanically sensitive habitat, which was identified as a significant and unavoidable impact (IM 3.7/C) in the Eastern Dublin EIR. b, c) Have a substantial adverse impact on riparian habitat or federally protected wetlands? Mo New Impact. Wetlands and waters of the United States have been identified on the project site and a wetland delineation was approved by the U.S. Army Corps of Engineers on July 26, 2013. An application for a water quality certification has been submitted to the Regional Water Quality Control Board was submitted in early 2014 and approval is pending. Also, a Streambed Alteration Agreement application has been filed with the California Department of Fish & Wildlife and approval is pending. Mitigation Measures have been included in the previously adopted CEQA documents to reduce such impacts to a less-than-significant level. The Comprehensive Biological Resources Management Plan shall also address impacts and previous mitigation measures addressing riparian habitat and wetlands. No new or more severe significant impacts would occur than have been previously analyzed with respect to this topic. No additional analysis is required. d) Interfere with movement of native fish or wildlife species? No New Impact. Mitigation measures contained in previous CEQA documents prepared to analyze previous development applications on the site contain mitigation measures that reduced this impact to a less-than-significant level. However, since there have been several previous CEQA documents adopted and/or certified for the site, a City of Dublin Page 49 Initial Study/Tassajara Highlands Project July 2014 recommended condition of project approval will require that adopted mitigation measures from previous CEQA documents dealing with interference of fish or wildlife movement be included in the Comprehensive Biological Resources Management Plan to eliminate duplication and overlap. No new or more severe significant impacts would occur than have been previously analyzed with respect to potential interference with fish or wildlife movement and no additional analysis is required. e, f) Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation Plans or Natural Community Conservation Plans? No New Impact. Approval and construction of the proposed project could affect native oak trees and other trees species on the site. The City of Dublin affords Heritage Tree status to any oak, bay, cypress, maple, redwood, buckeye, or sycamore tree with a main trunk of at least twenty-four inches in diameter when measured at fifty-two inches above the natural grade; trees required for preservation under an approved development plan, zoning permit, use permit, site development review, or subdivision map. The HortScience arborist report did not identify the presence of any heritage trees on the site. The project site lies within the Eastern Alameda County Conservation Strategy (EACCS) planning area. The City of Dublin utilizes the Conservation Strategy as guidance for environmental permitting for public projects, and private development projects are encouraged to use the EACCS as a resource as well. The Conservation Strategy embodies a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development, infrastructure, and other activities. The Conservation Strategy is neither a Habitat Conservation Plan nor a Natural Community Conservation Plan, but is a document intended to provide guidance during the project planning and permitting process to ensure that impacts are offset in a biologically effective manner. No HCP or NCCP was identified in the prior CEQA documents and none applies at present. There would therefore be no new or significantly more severe impacts with respect to this topic than previously analyzed in the Eastern Dublin EIR and 2002 Transit Center EIR. No new mitigation measures are required. 5. Cultural Resources Environmental Setting Potentially historic structures. Two single-family dwellings exist on the site, which appear to date from the early to mid-1960's. The dwellings are typical of mid-century modern design and construction and do not qualify as unique historic structures. A number of smaller agricultural outbuildings have also been built on the site and are of the same age as the primary dwellings. Similar to the primary dwellings, none of these buildings are considered historic. The confirmation of no historic status for the Vargas house was confirmed by a cultural resource investigation of the Vargas property by the firm of Basin Research Associates dated July 2006 and included in the Vargas MND document. City of Dublin Page 50 Initial Study/Tassajara Highlands Project July 2014 The Eastern Dublin EIR did not identify any significant historic structures on the project site. Underground cultural resources. The Basin Research Associates cultural survey in 2006 did not identify the presence of underground cultural resources on the Vargas property portion of the site. A cultural resources records search was conducted by the Northwest Information Center for the realignment of Tassajara Road and Fallon Road adjacent to the Fredrich property in 2002. No significant resources were identified in the vicinity of this Eastern Dublin, although the records search noted the presence of other significant resources adjacent to Tassajara Creek to the south, near the I-580 freeway. These resources are not located on the project site. Native American resources. The Native American Heritage Commission review of the Sacred Lands File did not indicate the presence of Native American cultural resources within the project area. No former Native American villages, traditional use of the area or contemporary use of the area have been identified on or adjacent to the project site. Previous CEQA documents Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts to cultural resources from the General Plan and EDSP project. These include: • Mitigation Measures 3.9/1.0-4.0 reduced impacts related to disruption or destruction of identified prehistoric resources (IM 3.9/A) to a less-than- significant level. These mitigations mandate a program of mechanical and/or hand subsurface testing for the presence or absence of midden deposits, recordation of identified midden sites, collection and/or testing of resources and development of a site-specific protection program for prehistoric sites. • Mitigation Measures 3.9/5.0-6.0 reduced impacts related to the disruption or destruction of unidentified prehistoric resources (IM 3.913) to a less-than- significant level. • Mitigation Measures 3.9/7.0-12.0 reduced impacts related to disruption or destruction of identified historic resources (IM 3.9/C) to a less-than-significant level. These measures would include preparing site-specific archival research for individual resources, encourage adaptive reuse of historic resources, recordation of historic sites on local state and federal registers, as appropriate and development of preservation programs for significant resources. Fredrich Project MND. The Fredrich MND referenced previous cultural resource impacts and mitigation measures from the Eastern Dublin EIR. Vargas Project MND. The Vargas MND contained one mitigation measure that reduced cultural resources on the Vargas site to a less-than-significant level. Mitigation Measure City of Dublin Page 51 Initial Study/Tassajara Highlands Project July 2014 30 required implementation of a contingency plan if an unrecorded resource is found during project construction. Work shall be halted in the vicinity of the site until a qualified archeologist can inspect the find and, if necessary, develop and implement a testing and recovery plan. The proposed project will be required to comply with the above cultural resource mitigation measures. Project Impacts a) Cause substantial adverse change to significant historic resources? No New Impact. No historic resources have been identified in the project area in both the Eastern Dublin EIR and the supplemental cultural resources survey completed for the Vargas property by Basin Research Associates in July 2006. Basin staff found that the existing dwellings on the Vargas property did not qualify for inclusion on the California Register of Historic Places and were therefore, not considered historic resources. The existing dwelling on the Fredrich property is of approximately the same age and similarly does not qualify as a significant resource. No new or more severe supplemental impacts have therefore been identified for the proposed project than were disclosed in previous CEQA documents and no additional analysis is required. b,c) Cause a substantial adverse impact or destruction to archeological or paleontological resources? No New Impact. The Eastern Dublin EIR identified a remote but potentially significant possibility that construction activities, including site grading, trenching and excavation, may uncover significant archeological and/or paleontological resources on development sites. The Eastern Dublin EIR categorized these resources as pre-historic cultural resources. Three potential pre-historic sites were identified by the EIR near the Tassajara Highlands site . The Eastern Dublin EIR assumed that all pre-historic sites would be disturbed or altered in some manner. This potential impact was identified and addressed in the Eastern Dublin EIR (Impact 3.9/A) and mitigation measures 3.9/1.0 through 3.9/4.0 (page 3.9-6 —3.9-7) that require subsurface testing for archeological resources; recordation and mapping of such resources; and development of a protection program for resources which qualify as "significant" under Section 15064.5 of the CEQA Guidelines. Mitigation Measures 3.9/5-0 and 3.9/6.Q, described above, also were adopted to address the potential disruption of any previously unidentified pre-historic or historic resources and would apply to the project as may be appropriate. The Eastern Dublin Specific Plan also contains policies (Policies 6-24 and 6-25) requiring research of archaeological resources prior to construction and determination of the significance and extent of any resources uncovered during grading and construction. Therefore, no new or more severe significant impacts with respect to cultural resources have been identified that have been previously analyzed in other CEQA documents for the project area and no additional analysis is required. City of Dublin Page 52 Initial Study/Tassajara Highlands Project July 2014 d) Disturb any human remains, including those interred outside of a formal cemetery? No New Impact. Existing cultural resource mitigation measures contained in the Eastern Dublin EIR, the Fredrich MND and the Vargas MND reduced impacts to human remains to a less-than-significant level. No new or more severe significant impacts with respect to cultural impacts are anticipated beyond those previously analyzed. No additional analysis is required. 6. Geology and Soils Environmental Setting Geology and soils. This section is based on a preliminary geotechnical investigation completed by ENGEO on July 14, 2006 ("Preliminary Geological and Geotechnical Findings, Fredrich and Vargas Properties") that was updated by ENGEO in July 2012 ("Geotechnic Update.") These reports are hereby incorporated by reference into this Initial Study. The reports are available for review at the Dublin Community Development Department during normal business hours. Landslide potential. The ENGEO report, as updated in 2012, identified that no historic landslides have been mapped on the project site or were observed on the site by ENGEO professional staff. Seismic hazard. The project area does not lie within an Earthquake Fault Zone (formerly Alquist-Priolo Special Studies Zone). Major active faults in the region that influence earthquake susceptibility include the San Andreas, Hayward, Calaveras, and Greenville Faults. The site is subject to strong ground shaking in the event of seismic activity, consistent with all of the Bay area. Tsunami and seiche hazards. The ENGEO reports found that the risk of damage to future improvements on the site from a tsunami or seiche is low. Previous CEOA documents Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts related to Soils, Geology and Seismicity from the General Plan and EDSP project. These include: • Mitigation Measure 3.6/1.0 reduced impacts related to primary effects of earthquake ground shaking (IM 3.6/13) but not to a less-than-significant level. This mitigation measure requires that future structure and infrastructure facilities be designed to applicable local and state building codes. • Mitigation Measures 3.6/2.0-6.0 reduced impacts related to the secondary effects of earthquake ground shaking (IM 3.9/C) to a less-than-significant level. Mitigation measures mandate building setbacks from landslides, stabilization of unstable land forms, removal and reconstruction of unstable soils, use of City of Dublin Page 53 Initial Study/Tassajara Highlands Project July 2014 engineered retaining structures, use of appropriately designed and engineered fill, and design of structures to account of potential soil failure. • Mitigation Measures 3.6/9.0-10.0 reduced impacts related to substantial alteration to landforms to a less-than significant level (IM 3.6/D). Mitigations require minimal grading plans with minimal cuts and fills and careful siting of homes and improvements to avoid excessive grading. • Mitigation Measures 3.6/14.0-16.0 reduced impacts related to expansive soils (IM 3.6/H) to a less-than-significant level. Mitigation measures require formulation of site-specific designs to overcome expansive soils, reducing the amount of moisture in the soil and by appropriate foundation and pavement design. • Mitigation Measures 3.6/17.0-19.0 reduced impacts related to natural slope stability (IM 3.6/1) to a less-than-significant level. Mitigation measures mandate formulation of use of site-specific designs based on follow-on geotechnical reviews of individual developments, limiting the location of improvements on downslopes of unstable soils, removal/reconstruction of potentially unstable slope areas and installation of surface and subsurface slope drainage improvements. • Mitigation Measures 3.6/20.0-26.0 reduced impacts related to cut and fill slope stability (IM 3.6/J) to a less-than-significant level. These measures include developing grading plans for hillside areas that minimize grading and associate cuts and fills, ensuring that grading plans comply with appropriate building codes, utilizing keys and benches as part of grading to ensure slope stability and minimizing use of unreinforced fill slopes, appropriate compaction of fill areas and on-going maintenance of slope drainage areas. • Mitigation Measure 3.6/27.0 reduced the impact related to short-term construction-related erosion and sedimentation (IM 3.6/K) to a less-than- significant level. This measure includes limiting timing of construction to avoid the rainy season and implementing a number of other specific erosion control measures. • Mitigation Measure 3.6/28.0 reduced the impact related to long-term erosion and sedimentation (IM 3.6/L) to a less-than-significant level. This measure includes installation of erosion control facilities into individual development projects, including sediment catch basins, creek bank stabilization, revegetation of graded areas and similar measures. Fredrich Project MND. No supplemental impacts or mitigation measures were identified in this MND. Vargas Project MND. This document contains Mitigation Measure 23, that required removal of unstable fill material from portion of the Vargas site during site preparation and grading as required by the project geotechnical report. City of Dublin Page 54 Initial Study/Tassajara Highlands Project July 2014 The proposed project will be required to comply with applicable soil, geologic and seismic mitigation measures. Project Impacts a) Expose people or structures to potential substantial adverse impacts, including loss, injury or death related to ground rupture, seismic ground shaking,ground failure, or landslides? No New Impact. The Eastern Dublin EIR identified that the primary and secondary effects of ground-shaking (Impacts 3.6/B and 3.6/C) could be potentially significant impacts. With implementation of Eastern Dublin EIR Mitigation Measure 3.6/1.0, the primary effects of ground-shaking are reduced but not to a less-than-significant level by using modern seismic design for resistance to lateral forces in construction, which would reduce the potential for structure failure, major structural damage and loss of life. Mitigation Measures 3.6/2.0 through 3.6/7.0 contained in the Eastern Dublin EIR will be implemented to reduce the secondary effects of ground-shaking on proposed project improvements but not to a less-than-significant level. Impact 3.6/13 found that impacts related to seismic action in the Eastern Dublin area could damage structures and infrastructure and would be significant and unavoidable. This finding also applied to the proposed Tassajara Highlands project as well. Adherence to Mitigation Measures 23 contained in the Vargas MND by the project developer will ensure that infrastructure facilities built on the project site will comply with generally recognized seismic safety standards so that effects due to ground shaking and ground failure will be less-than-significant. Overall, no new or more severe significant impacts would occur with respect to ground rupture, ground shaking, ground failure or landslides than have been previously analyzed. No additional analysis is required. b) Is the site subject to substantial erosion and/or the loss of topsoil? No New Impact. Construction of the proposed project improvements on the Tassajara Highlands site would modify the existing ground surface and alter patterns of surface runoff and infiltration. These actions could result in a short-term increase in erosion and sedimentation caused by grading activities. Long-term impacts could result from modification of the ground-surface and removal of existing vegetation (Eastern Dublin EIR Impact 3.6/L). With implementation of Mitigation Measures 3.6/27.0 and 28.0 contained in the Eastern Dublin EIR and re-stated above, both of these impacts would be less-than-significant. The Eastern Dublin Specific Plan also contains a policy (Policy 6-43), which requires that new development be designed to provide effective control of soil erosion as a result of construction activities. This policy will be applied to the Tassajara Highlands project. The project includes residential development of the type and in the location assumed in the prior CEQA documents. The project also includes the design- level geotechnical investigation required by the previously adopted mitigations City of Dublin Page 55 Initial Study/Tassajara Highlands Project July 2014 and will implement their project-specific recommendations. With adherence to previous mitigation measures, there would be no new or more severe significant impacts than have been previously analyzed in other CEQA documents for this site. No further analysis is required. c,d) Is the site located on soil that is unstable or expansive or result in potential lateral spreading, liquefaction, landslide or collapse? No New Impact. Consistent with Eastern Dublin EIR Mitigation Measure 3.6/7.0, the project developer has commissioned a preliminary geotechnical investigation by ENGEO as updated in 2012. The report did not identify impacts related to landslide hazard on the site, although the issue of shrink-swell potential or lateral spreading was not addressed in this report. The ENGEO report and follow-on construction-level reports will be required, pursuant to standard City development requirements, to contain detailed design and construction methods to minimize impacts from shrink-swell and/or lateral spreading potential for future site improvements should these conditions be found on the site. These measures include special foundations designed to resist the effects of shrink-swell potential and other recommendations. With adherence to Eastern Dublin EIR mitigation measures, Eastern Dublin Specific Plan policies and the findings of the construction-level geotechnical report, no new or more severe significant impacts have been identified related to lateral spreading, liquefaction and other soil hazards than have been analyzed in previous CEQA documents. No additional analysis is needed. e) Have soils incapable of supporting on-site septic tanks if sewers are not available? No New Impact. Proposed residences on the site would be connected to sanitary sewers provided by DSRSD, so there would be no new or more severe impacts with regard to septic systems. 7. Greenhouse Gas Emissions Environmental Setting Since certification of the Eastern Dublin EIR in 1993 and follow-on CEQA documents, the issue of contribution of greenhouse gasses to climate change has become a more prominent issue of concern as evidenced by passage of AB 32 in 2006. On March 18, 2010, amendments to the State CEQA Guidelines took effect which set forth requirements for the analysis of greenhouse gasses. The topic of the project's contribution to greenhouse gas emissions and climate change was not analyzed in the Eastern Dublin EIR and the 2006 and 2007 MNDs. Since the Eastern Dublin EIR and prior MNDs have already been approved, the determination of whether greenhouse gasses and climate change needs to be analyzed for this proposed project is governed by the law on supplemental or subsequent EIRs (Public Resources Code section 21166 and Guidelines, Sections 15162 and 15163). Greenhouse gas and climate change is not required to be analyzed under those standards unless it constitutes "new information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified as complete (CEQA Guidelines Sec. 15162 (a) (3).) Greenhouse gas and climate change impacts is not new information that was not known City of Dublin Page 56 Initial Study/Tassajara Highlands Project July 2014 or could not have been known at the time the Eastern Dublin EIR and the prior MNDs. The issue of climate change and greenhouse gasses was widely known prior to these CEQA reviews. The United Nations Framework Convention on Climate Change was established in 1992. The regulation of greenhouse gas emissions to reduce climate change impacts was extensively debated and analyzed throughout the early 1990s. The studies and analyses of this issue resulted in the adoption of the Kyoto Protocol in 1997. In the early and mid 2000s, GHGs and climate change were extensively discussed and analyzed in California. In 2000, SB 1771 established the California Climate Action Registry for the recordation of greenhouse gas emissions to provide information about potential environmental impacts. In 2005, the Governor issued Executive Order # S-03- 05 establishing greenhouse gas emission reduction targets in California. AB 32 was adopted in 2006. Therefore, the impact of greenhouse gases on climate change was known at the time of the certification of the Eastern Dublin EIR in May 1993 and the adoption of the prior MNDs in 2006 and 2007. Under CEQA standards, it is not new information that requires analysis in a supplemental EIR or negative declaration. No supplemental environmental analysis of the project's impacts on this issue is required under CEQA. Project Impacts a,b Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? As discussed above, no additional environmental analysis is required under CEQA Section 21166. 8. Hazards and Hazardous Materials (This section of the Initial Study is based on a Phase I Environmental Site Assessment prepared by ENGEO in September 2012 (" Phase I Environmental Site Assessment, Dublin Highlands, 7020 & 6960 Tassajara Road, Dublin California"). This document is incorporated into this Initial Study by reference and is available for review at the Dublin Community Development Department during normal business hours. Environmental Setting The Phase I analysis prepared by ENGEO did not identify any recognized environmental conditions on the project site. However, the report recommended that removal of household debris on the site be supervised by an environmental professional and that standard testing be completed for structures to be removed for asbestos containing materials or lead-based paint. These recommendations will be made conditions of project approval. Previous CEQA documents Fredrich Project MND. This document re-states Eastern Dublin EIR mitigation measures for fire hazard reduction (Mitigation Measures 3.4/11.0 and 12.0). Vargas Project MND. The Vargas MND contains Mitigation Measure 24, which reduced impacts related to wildfire hazard by requiring development on the Vargas site to be City of Dublin Page 57 Initial Study/Tassajara Highlands Project July 2014 designed in a manner consistent with the City's Wildfire Management Plan. Future dwellings are also required to include automatic sprinklers as well as being in compliance with Alameda County Fire Department rules and regulations, City of Dublin standards and the California Fire Code. Project Impacts a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? No New Impact. There would be no impact with regard to transport, use or disposal of hazardous materials, since the proposed project involves construction of a residential development on the Vargas and Fredrich properties. Residential development was assumed in prior CEQA documents for the two properties encompassing the project site. There would be no use, storage or transport of significant quantities of hazardous materials associated with the proposed development. Conditions of project approval require that removal of existing household waste materials on the site be monitored by a qualified professional and that normal and customary testing be performed for lead based paint and asbestos building materials prior to demolition of existing on- site buildings. No new or more severe impacts would therefore occur on the site than have been previously analyzed and no new analysis is required. 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? No New Impact. Based on the discussion in subsection "a," above, no new impacts are anticipated with respect to the release of hazardous materials than were analyzed in the Vargas and Fredrich CEQA documents and no new analysis is required. c) Emit hazardous materials or handle hazardous materials or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. Approval and implementation of the proposed project would have no impact with regard to this topic, since no schools exist or are planned near the project area. No new or more severe significant impacts with respect to emission or handing of hazardous materials within one-quarter of an existing or planned school. No additional analysis is required. d) Is the site listed as a hazardous materials site? No New Impact. No properties comprising the project area are listed on the State of California Department of Toxic Substances Control as an identified hazardous site as of July 22, 2013. There is therefore no new or more severe significant impacts with respect to this topic than have been previously analyzed and no additional analysis is required. e,f) Is the site located within an airport land use plan of a public airport or private airstrip? No New Impact. The project site is not located near a public or private airport, airfield or airstrip. No new or more severe significant impacts are anticipated regarding airport safety issues than were discussed in the Vargas and Fredrich CEQA documents. No additional analysis is required. City of Dublin Page 58 Initial Study/Tassajara Highlands Project July 2014 g) Interference with an emergency evacuation plan? No New Impact. The proposed project would include the construction of a residential project on private land. No emergency evacuation plan would be affected since no roadways would be blocked. No new or more severe significant impacts would result than have been previously analyzed and no additional analysis is required. h) Expose people and structures to a significant risk of loss, injury or death involving wildland fires or where residences are intermixed with wildlands? No New Impact. No New Impact. The project area is located in a partially undeveloped area with residential development approved to the east (Moller Ranch and Mission Peak) and far west (Dublin Ranch West). However, significant natural areas remain to the near west (Tassajara Creek and adjacent open space easement area) and south (Moller Creek). The development/open space interface was addressed in prior CEQA reviews. Adherence to mitigation measures contained in previous CEQA documents will reduce impacts to wildland fire risk to a less-than-significant level. There is no new or more severe significant impacts than previously analyzed. No additional analysis is required. 9. Hydrology and Water Quality Environmental Setting Local surface water. The project site is located within the Alameda Creek watershed which drains to the San Francisco Bay via the Arroyo Del Valle and Arroyo de la Laguna. Moller Creek, a tributary of Tassajara Creek, flows in a northeast-southwest direction through the project area to Tassajara Creek to the west. The main course of Tassajara Creek flows in a north-south direction west of the site. Existing site conditions. A majority of the site is undeveloped. Developed areas include two single-family dwellings, outbuildings and driveways. The project area is located within the jurisdiction of Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7). Zone 7 provides maintenance of regional drainage facilities within this portion of Alameda County. Surface water quality.Water quality in California is regulated by the U.S. Environmental Protection Agency's National Pollution Discharge Elimination System (NPDES), which controls the discharge of pollutants to water bodies from point and non-point sources. In the San Francisco Bay area, this program is administered by the San Francisco Bay Regional Water Quality Control Board (RWQCB). Federal regulations issued in November 1990 expanded the authority of the RWQCB to include permitting of stormwater discharges from municipal storm sewer systems, industrial processes, and construction sites that disturb areas larger than one acre of land area. The City of Dublin is a co-permittee of the Alameda County Clean Water Program, which is a coordinated effort by local governments in Alameda County to improve water quality in San Francisco Bay. City of Dublin Page 59 Initial Study/Tassajara Highlands Project July 2014 Flooding. Upland portions of the site, not located near existing creeks, lie outside of a 100-year flood hazard area (Flood Insurance Rate Map, Community Panel No. 03626G). Previous CEQA documents Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts related to hydrology and storm drainage from the General Plan and EDSP project. These include: • Mitigation Measures 3.5/44.0-48 reduced impacts related potential flooding (IM 3.5/Y) to a less-than-significant level. These mitigation measures require new storm drainage facilities as part of new development, requires developers to prepare storm drain plans for individual development projects and requires new flood control facilities to alleviate downstream flooding potential. • Mitigation Measures 3-5/51.0 to 55.0 reduced impacts related to non-point source pollution (IM 3.5/AA) to a less-than-significant level. These mitigation measures mandate that specific water quality investigations be submitted as part of development projects and that the City should develop community-based programs to educate residents and businesses to reduce non-point source pollution. These mitigations also require all development to meet the requirements of the City's Best Management Practices, the City's NPDES permit and the County's Urban Runoff Clean Water Program to mitigate stormwater pollution. Fredrich Project MND. This document includes Mitigation Measure 66 that requires the project developer to submit a preliminary creek alignment plan for Tassajara Creek prior to approval of the project by the City. Vargas Project MND. The adopted MND contains the following mitigation measures. • Mitigation Measure 25 required the project developer to prepare a Stormwater Pollution Prevention Plan (SWPPP) that lists Best Management Practices to reduce construction and post-construction activities to a less-than-significant level. Specific BMPs may include revegetation of graded areas, use of bio-filters and similar methods. The SWPPP shall conform to Regional Water Board and City of Dublin standards. A Notice of Intent shall also be obtained by the applicant from the State Water Resources Control Board. • Mitigation Measure 26 required the project developer to submit a drainage and hydrology study to the Dublin Public Works Department. The report shall identify historic stormwater flows from the site, estimated increases in stormwater flow and the ability of downstream facilities to accommodate additional flows. The report shall be submitted prior to the issuance of a grading permit and shall also document the project's fair share contribution to fund any needed downstream drainage system improvements. City of Dublin Page 60 Initial Study/Tassajara Highlands Project July 2014 • Mitigation Measure 27 required that the siting of storm drainage improvements be consistent with Resource Management Policies of the Eastern Dublin Specific Plan. The proposed project shall adhere to all of the applicable above previous mitigation measures. Project Impacts a) Violate any water quality standards or waste discharge requirements? No New Impact. Approval and construction of the proposed development project would add impervious surfaces to the essentially undeveloped site that would increase the amount of stormwater runoff and potentially degrade water quality. Mitigation Measure 3.5/51.0 contained in the EDSP EIR requires each project developer to prepare and submit a water quality investigation. Mitigation Measure 25 contained in the Vargas MND also requires the preparation of a Stormwater Pollution Prevention Plan to minimize release of water pollutants that would exceed water quality standards or waste discharge requirements. Adherence to the existing mitigation measures to minimize water pollution and current standard City of Dublin water quality requirements will ensure that no new or more severe significant impacts with respect to water quality violations or wastewater discharges would result than have been previously analyzed. No additional analysis is required. b) Substantially deplete groundwater recharge areas or lowering of water table? No New Impact. No new or more significant impacts are anticipated with regard to depletion of groundwater resources than have been analyzed in previous CEQA documents. Although 54 new dwellings are proposed (two dwellings currently exist) on the site, much of the site would remain as open space in terms of private yards and an open space area, that would allow recharge of the underground aquifer. Also, stormwater runoff from the site would be directed to an on-site stormwater basin that would allow recharge of the aquifer in a location near Moller Creek and Tassajara Creek. Also, the proposed water source for this project would rely on surface water supplies from DSRSD and not local groundwater supplies. The project site is not identified as a groundwater recharge area in the Eastern Dublin Specific Plan. Therefore, no new or more severe significant impacts would occur with respect to this topic than has been previously analyzed in other CEQA documents. No additional analysis is required. c) Substantially alter drainage patterns, including streambed courses such that substantial siltation or erosion would occur? No New Impact. New impervious surfaces would be added to the Tassajara Highlands project site to accommodate new dwellings, roadways, driveways, pathways and similar surfaces. Existing drainage patterns may be slightly modified based on proposed development, similar to the existing approved Development Plan. However adherence to Mitigation Measure 46.0 contained in the Eastern Dublin EIR and Mitigation Measures 25 and 26 contained in the Vargas MND would reduce changed drainage patterns to a less-than- City of Dublin Page 61 Initial Study/Tassajara Highlands Project July 2014 significant level. No new or more severe significant impacts would result with respect to changed drainage patterns than have been previously analyzed and no new analysis is needed. d) Substantially alter drainage patterns or result in flooding, either on or off the project site? No New Impact. No impacts or significant changes to drainage patterns are anticipated as part of the Tassajara Highlands project. Based on the latest ENGEO hydrology report, cited above, the proposed upland development area lies outside of a FEMA 100-year flood hazard area. No new or more severe significant impacts are anticipated than have been previously analyzed and no additional analysis is required. e) Create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff? No New Impact. Adherence to Eastern Dublin EIR Mitigation Measures 3.5/44.0-48.0 will reduce drainage and pollution impacts to a less-than-significant level. These mitigation measures require new storm drainage facilities as part of new development and requires developers to prepare storm drain plans for individual development projects such as the Tassajara Highlands project. Mitigation Measure 26 also requires completion of a drainage and hydrology study to identify any drainage system deficiencies and funding of system upgrades. Based upon this analysis, the project includes hydromodification ponds in the southern portion of the site to ensure that the local and regional drainage system would not be exceeded. Other water quality features have been proposed for the project, as previously described. No new or more severe significant impacts have been identified in this Initial Study regarding increases in stormwater runoff than have been previously analyzed and no additional analysis is required. f) Substantially degrade water quality? No New Impact. This potential issue and has been addressed above in items "a" and "e." There are no new or more severe significant impacts beyond those identified in prior CEQA reviews and no additional analysis is required. g) Place housing within a 100-year flood hazard area as mapped by a Flood Insurance Rate Map? No New Impact. The development portion of the Tassajara Highlands project is not located within a 100-year flood plain, as documented in the ENGEO hydrology report. No new or more severe significant impacts are anticipated than have been previously analyzed and no additional analysis is required. h, i) Place within a 100-year flood hazard boundary structures that impeded or redirect flood flow, including dam failures? No New Impact. Refer to item "g," above. j) Result in inundation by seiche, tsunami or mudflows? No New Impact. The project site is located well inland from San Francisco Bay or other major bodies of water to be impacted by a tsunami or seiche. No new or more severe significant impacts would therefore result with respect to seiches, tsunamis or mudflows than have been previously analyzed. No additional analysis is needed. City of Dublin Page 62 Initial Study/Tassajara Highlands Project July 2014 10. Land Use and Planning Environmental Setting The project site consists of a combination of flatter areas to the north and west with a moderate to steep hill in the eastern and central portion of the site. Two single-family dwellings and a number of agricultural outbuildings have also been constructed. Surrounding uses include a combination of developed and undeveloped properties within the Eastern Dublin Planning area. Many of the surrounding properties have been approved for development, including the Dublin Ranch West project, the Moller Ranch project and the Mission Peak residential project, currently under construction. Tassajara and Moller Creeks lie immediately south and west of the project site. Project Impacts a) Physically divide an established community? No New Impact. The project site is located within a distinct area, between Tassajara Road to the east and Tassajara Creek to the west. All of the site would either be developed with dwellings and related improvements or be reserved for permanent open spaces. Therefore, no existing, established community would be physically divided. No new or more severe significant impacts have been identified in this Initial Study than have been previously analyzed and no additional analysis is required. b) Conflict with any applicable land use plan, policy or regulation? No New Impact. Although amendments have been requested to the General Plan and Eastern Dublin Specific Plan to reduce the amount of development on the property (101 dwellings approved v. 54 dwellings proposed), the number of dwellings would be substantially less with the proposed project than under existing General Plan and Specific Plan land use designations. No changes are proposed to any regulation affecting environmental protection. No new or more severe significant impacts are anticipated with regard to land use regulations than have been previously analyzed in other applicable CEQA documents and no additional analysis is required. c) Conflict with a habitat conservation plan or natural community conservation plan? No New Impact. The project site lies within the Eastern Alameda County Conservation Strategy (EACCS) planning area. The City of Dublin utilizes the Conservation Strategy as guidance for environmental permitting for public projects, and private development projects are encouraged to use the EACCS as a resource as well. The Conservation Strategy embodies a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development, infrastructure, and other activities. The Conservation Strategy is neither a Habitat Conservation Plan nor a Natural Community Conservation Plan, but is a document intended to provide guidance during the project planning and permitting process to ensure that impacts are offset in a biologically effective manner. The project site has never been within an HCP or NCCP area. There would therefore be no new or significantly more severe significant impacts than City of Dublin Page 63 Initial Study/Tassajara Highlands Project July 2014 previously analyzed in the Eastern Dublin EIR and other CEQA documents prepared for this site and no additional analysis is needed. 11. Mineral Resources Environmental Setting The project site contains no known mineral resources. This is based on the Eastern Dublin EIR. Project Impacts a, b) Result in the loss of availability of regionally or locally significant mineral resources? No New Impact. The Eastern Dublin EIR does not indicate that significant deposits of minerals exist in the project area, so no new or more severe significant impacts would occur than have been previously analyzed. 12. Noise Environmental Setting The City's Noise Element of the General Plan defines "noise" as a sound or series of sounds that are intrusive, irritating, objectionable and/or disruptive to daily life. Noise is primarily a concern with regard to noise sensitive land uses such as residences, schools, churches and hospitals. Although noise is controlled around commercial, industrial and recreation uses, community noise levels rarely exceed maximum recommended levels for these uses. Regulatory Setting The Noise Element of the General Plan identifies the following primary sources of noise in Dublin: traffic noise from freeways and major roadways within the community and noise generated by the BART line adjacent to the I-580 freeway. The Noise Element identifies the following maximum noise exposure levels by land use type. Table 1. City of Dublin Land Use/Noise Compatibility Standards (decibels) Land Use Normally Conditionally Normally Clearly Acceptable Acceptable Unacceptable Unacceptable Residential 60 or less 60-70 70-75 75+ Lodging Facilities 60 or less 61-80 71-80 Over 80 Schools,churches, 60 or less 61-70 71-80 Over 80 nursing homes Neighborhood 60 or less 61-65 66-70 Over 70 arks Office/Retail 70 or less 71-75 76-80 Over 80 Industrial 70 or less 71-75 Over 75 -- Source: Dublin General Plan Noise Element, Table 9-1, 2012 City of Dublin Page 64 July 2014 Initial Study/Tassajara Highlands Project The City of Dublin also enforces an interior noise standard of 45 decibels for residential dwellings. Previous CEQA documents Eastern Dublin EIR. The Eastern Dublin EIR notes that major noise sources within Eastern Dublin include traffic noise from arterial roadways, helicopter overflights from Camp Parks RFTA, west of Tassajara Road, noise generated by development of land uses under the Specific Plan and General Plan and construction noise. No specific significant future noise sources are identified on the project site. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated noise impacts from the General Plan and EDSP project. These include: • Mitigation Measures 3.10/1.0 reduced impacts related to exposure of proposed housing to future roadway noise (IM 3.10/A) to a less-than-significant level. This mitigation measure require that all future development projects within a future CNEL 60 noise contour have an acoustic analysis prepared to ensure that future dwelling units meet City interior and exterior noise exposure levels. • Mitigation Measures 3.10/4.0 and 5.0 reduced impacts related to construction noise (IM 10/E) to a less-than-significant level. These mitigation measures require developers to submit construction noise management plans and to limit hours of construction operations among other things. Fredrich Project MND. The Fredrich project MND contains Mitigation Measure 69 that required preparation of a noise study prior to the approval of a Planned Development Phase 2 Development Plan to show compliance with interior and exterior noise standards. The noise study shall evaluate noise impacts of traffic on Tassajara Road on the project as well as noise generated by air conditioners, pool pumps and other mechanical equipment. Sound barriers and other noise measures included in the noise study shall be incorporated into improvement plans and an acoustical engineer shall sign construction plans. Vargas Project MND. This document contains Mitigation Measure 28 that required all Stage 2 and Site Development Review plans to show noise barriers, berms or solid fencing to control noise in outdoor spaces (including rear and side yards) to comply with applicable noise standards. A noise sturdy shall be prepared and submitted with construction plans prior to a building permit. The report shall evaluate the effects of traffic noise on Tassajara Road on project residences and include methods to ensure that interior noise levels shall be 45 bBA or less. The proposed project will be required to comply with applicable noise mitigation measures identified above. City of Dublin Page 65 Initial Study/Tassajara Highlands Project July 2014 Project Impacts a) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or other applicable standard? No New Impact. As analyzed in previous CEQA documents affecting the site, development of proposed residential land uses on the project site would increase noise on the project site and future residents would be subject to traffic noise along Tassajara Road. The project includes construction of a noise barrier wall adjacent to Tassajara Road to reduce traffic noise on future residential lots to meet City exterior noise exposure standards. A recommended condition of approval is to have an acoustic specialist ensure that the final height of the wall will be sufficient to reduce exterior noise to acceptable levels within private yard areas based on the final grading plan and building/yard topographic elevations. Adherence to Eastern Dublin EIR noise mitigation measures, mitigation measures contained in the Fredrich and Vargas MNDs, noise standards in the Eastern Dublin Specific Plan and the City noise ordinance will reduce noise to a less-than-significant level. No new or more severe significant noise impacts have been identified than have previously analyzed. No additional analysis is needed. The project would contribute to cumulative noise conditions identified as Impact 3.10/B in the Eastern Dublin EIR, which is exposure of existing residences to future roadway noise. This impact was found to be significant and unavoidable in the Eastern Dublin EIR. Also, EDSP EIR Impact 3.10/1), exposure of proposed residential development to noise from future military training activities at Parks RFTA, was found to be significant and unavoidable. b) Exposure of people to excessive groundborne vibration or groundborne noise levels? No New Impact. The proposed project would not include construction or operational elements that would result in significant groundborne vibration levels to nearby residents (source: Mike O'Hara, applicant representative, 8/8/13). No new or more significant severe impacts would result with respect to vibration or groundborne vibration than was analyzed in previous CEQA documents on the project site and no additional analysis is needed. c) Substantial increases in permanent in ambient noise levels? No New Impact. Increased levels of permanent noise on the project that would occur based on project construction would be reduced to a less-than significant level through adherence to applicable mitigation measures contained in the Eastern Dublin EIR, mitigation measures contained in other CEQA documents prepared for previous projects on the same site and the Dublin Noise Ordinance. No new or more severe significant impacts have been identified in this Initial Study than have been previously analyzed and no additional analysis is needed. d) Substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? No New Impact. Increased levels of short-term construction noise generated on the project site would be reduced to a less-than- significant level through adherence to applicable mitigation measures contained in the Eastern Dublin EIR, other CEQA documents and the Dublin Noise Ordinance. These measures require project developers to limit hours of construction activity City of Dublin Page 66 Initial Study/Tassajara Highlands Project July 2014 and to prepare construction noise management plans. No new or more severe significant impacts have been identified in this Initial Study than have been previously analyzed and no additional analysis is needed. e, f) For a project located within an airport land use plan, would the project expose people to excessive noise levels? No New Impact. No portions of the Tassajara Highlands site are located within the airport referral area for Livermore Municipal Airport. No new or more severe significant impacts are therefore anticipated in terms of this topic than was previously analyzed in previous CEQA documents. No additional analysis is needed. 13. Population and Housing Environmental Setting The project area currently contains two single-family dwellings and unoccupied outbuildings, but is primarily vacant. Project Impacts a) Induce substantial population growth in an area, either directly or indirectly? No New Impact. Approval of the proposed project would not induce substantial additional population growth in the Eastern Dublin area, since development on the affected properties has long been envisioned in the Eastern Dublin Specific Plan and Dublin General Plan since its adoption in 1993. Approval of the proposed project would result in fewer dwellings being constructed than originally anticipated in the Dublin General Plan and the Eastern Dublin Specific Plan (101 units currently approved v. 54 proposed) but would be generally the same type of development as assumed in previous CEQA documents. No new or more severe significant impacts than were previously analyzed are therefore anticipated with respect to this topic and no additional analysis is required. b,c) Would the project displace substantial numbers of existing housing units or people? No New Impact. The two existing dwellings currently on the site would be removed to accommodate proposed development on the property, as assumed in previous CEQA documents for the site. This would not be a substantial number of residents and no impact would result. No new or more severe significant impacts than were previously analyzed are therefore anticipated with respect housing displacement and no additional analysis is needed. 14. Public Services Environmental Settin& The following provide essential services to the community: City of Dublin Page 67 Initial StudylTassajara Highlands Project July 2014 • Fire Protection. Fire protection services are provided by the Alameda County Fire Department. The Department provides fire suppression, emergency medical response, fire prevention, education, building inspection services and hazardous material control. The nearest station is Station 18 at 4800 Fallon Road. • Police Protection: Police and security protection is provided by the Alameda County Sheriff under contact to the City of Dublin. • Schools. The Dublin Unified School District provides K-12 educational services for properties on the project site. • Library Services: Alameda County Library service. • Maintenance. Maintenance of streets, roads and other governmental facilities are the responsibility of the City of Dublin. Previous CEQA documents Eastern Dublin EIR. Applicable mitigation measures contained in Eastern Dublin EIR addressing fire and police protection include: • Mitigation Measure 3.4/7.0: Establish appropriate funding mechanisms to cover up- front costs of capital fire improvements. • Mitigation Measure 3.4/9.0: Incorporate Fire Department recommendations on project design relating to access, water pressure, fire safety and prevention into the requirements of development approval. • Mitigation Measure 3.4/10.0: Ensure, as a requirement of project approval, that an assessment district, homeowners association or other mechanism is in place that will provide regular long-term maintenance of the urban/open space interface. • Mitigation Measure 3.4/12.0: The City shall work with the Fire Department and qualified biologists to prepare a wildfire management plan for the project area. • Mitigation Measure 3.4/1.0: Provide additional personnel and facilities and revise beats as necessary in order to establish and maintain City standards for police protection service in Eastern Dublin. • Mitigation Measure 3.4/3.0-5.0: Incorporate into the requirements of project approval Police Department recommendations on project design that affect traffic safety and crime prevention. Fredrich Project MND. This document contained he following mitigation measures addressing public service impacts: City of Dublin Page 68 Initial Study/Tassajara Highlands Project July 2014 • Mitigation Measure 70 required project compliance with the City of Dublin Wildfire Management Plan and installation of automatic fire sprinklers in each residence. • Mitigation Measure 71 required payment of the City Fire Protection Fee prior to issuance of building permits. No significant public service impacts or mitigation measures were identified in the Vargas Project MND. The project will be required to comply with the above mitigation measures. Project Impacts a) Fire protection? No New Impact. As reflected in previous CEQA documents affecting the project site, approval and implementation of the proposed project would increase the number of fire and emergency medical calls for service that would need to be responded to by the Alameda County Fire Department, the City of Dublin's contract fire department, as a result of a greater number of dwellings on the project site. The proposed project is required to adhere to mitigation measures, including payment of public facility impact fees to assist in funding new fire stations (Eastern Dublin EIR Mitigation Measure 3.4/7.0), so that impacts to the Alameda County Fire Department related to approval and construction of the proposed project would be less-than-significant. Consistent with Eastern Dublin EIR Mitigation Measure 3.4/9.0, proposed development on the project site will be conditioned to meet Fire Department requirements including but not limited to maintaining minimum water pressure and fire flow, providing adequate site access, using fire retardant building materials and similar features. Proposed development on the site will also be conditioned to be consistent with the City's adopted Wildfire Management Plan (Eastern Dublin EIR Mitigation Measure 3.4/12.0). Mitigation Measures contained in the Fredrich MND will also reduce impacts of the proposed project on fire protection Based on discussions with Alameda County Fire Department staff, there would be no new or substantially more severe significant impacts with respect to fire service beyond that analyzed in previous CEQA documents (source: Bonnie Terra, Alameda County Fire Department, 7/25/13) and no new or expanded fire stations would be needed to provide fire and emergency service for the proposed Tassajara Highlands project. No additional analysis is required. b) Police protection? No New Impact. Similar to fire protection, there would be no new impact with regard to police protection, based on mitigation measures included in the Eastern Dublin EIR. These Mitigation Measures include paying City of Dublin public facility impact fees to assist in funding new police facilities (EDSP EIR Mitigation Measure 3.4/1.0), incorporating Police Department safety and security requirements into the proposed project, including but not limited to adequate locking devices, security lighting and ensuring adequate surveillance for structures and parking areas (EDSP EIR Mitigation Measures 3.4/3.0-5.0). City of Dublin Page 69 Initial Study/Tassajara Highlands Project July 2014 Based on discussions with Dublin Police Services Department staff, there would be no new or substantially more severe impacts with respect to police service associated with the proposed project beyond that analyzed in previous CEQA documents and no additional analysis is needed (source: Captain Tom McCarthy, Dublin Police Services, 7/24/13). c) Schools? No New Impact. No new impacts to school service are anticipated should the proposed Tassajara Highlands project be approved since payment of mandated statutory impact fees at the time of issuance of building permits will provide mitigation of educational impacts of the proposed Project pursuant to CEQA. There would be no new or substantially more severe significant impacts with respect to this impact than has been previously analyzed in previous CEQA documents. d) Other governmental service, including maintenance of public facilities? No New Impact. Maintenance of public facilities would continue to be provided by the City of Dublin with no new impacts in regard to this topic. New public facilities will be required to be designed to meet City of Dublin standards. There would therefore be no new or substantially more severe significant impacts with respect to this impact than has been previously analyzed in previous CEQA documents. No new analysis is required. 15. Recreation Environmental Setting No neighborhood or community parks and/or recreation services or facilities exist on the project site. However, the City of Dublin maintains a wide range of park facilities throughout the community. Regional park facilities are provided by the East Bay Regional Park District, which maintains a large number of regional parks, trails and similar recreation facilities in Alameda and Contra Costa County. The project applicant is planning to construct a recreational trail along the western side of the project site along the east side of Tassajara Creek. Previous CEQA documents Eastern Dublin EIR. Applicable mitigation measures contained in Eastern Dublin EIR addressing fire and police protection include: • Mitigation Measure 3.4/29.0: Ensure, as a part of the approval process, that each new development provide its fair share of planned open space, parklands and trail corridors. • Mitigation Measure 3.4/31.0: Calculate and assess in-lieu park fees based on the City's parkland dedication ordinance. Credit towards parkland dedication City of Dublin Page 70 Initial Study/Tassajara Highlands Project July 2014 requirements will only be given for level or gently sloping areas suitable for active recreation use. • Mitigation Measure 3.4/36.0: Require developer to dedicate public access easements along ridgetops and stream corridors to accommodate the development of trails and staging areas. No mitigation measures were included in the Vargas or Fredrich CEQA documents that applied to the Tassajara Highland site. Project Impacts a) Would the project increase the use of existing neighborhood or regional parks? No New Impact. Approval and construction of the proposed project would increase the use of nearby City or regional recreational facilities, since it would include increasing the on-site permanent population on the site, although with fewer dwellings than assumed in previous CEQA documents. No parks are proposed on the project site, however, the project developer proposes to pay community facility fees to the City of Dublin based on the number of expected residents in the project. These fees, in combination with fees paid by other developers, will fund City of Dublin parks elsewhere in the Eastern Dublin area. There would therefore be no new or more severe significant impacts with respect to recreation than were previously analyzed. b) Does the project include recreational facilities or require the construction of recreational facilities? See item "a," above. 16. Transportation/Traffic Environmental Setting Roadways and freeways. The project area is served by Tassajara Road, an arterial road that provides access from southern Contra Costa County to the 1-580 freeway and southerly into Alameda County south of the I-580 freeway. Existing transit service. The Livermore/Amador Valley Transit Authority (LAVTA) provides bus service in Dublin and throughout the Tri-Valley. The Bay Area Rapid Transit District (BART) provides regional rapid transit service with the nearest station located at the Dublin Transit Center, located on the south side of Dublin Boulevard just west of Arnold Road. Limited bus service is currently provided to the project site. Existing Bicycle and Pedestrian Facilities. There are no marked pedestrian facilities adjacent to the proposed project site along Tassajara Road. However, there is a striped and paved shoulder for bicycles on either side of Tassajara Road adjacent to the project site. Previous CEQA documents City of Dublin Page 71 Initial Study/Tassajara Highlands Project July 2014 Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated traffic impacts from the General Plan and EDSP project. These measures generally include construction of new roadways, widening of existing roadways and improvements to local freeway facilities to accommodate anticipated increases in the number of vehicles associated with the build out of the Eastern Dublin area. With the exceptions noted below, the EIR found that all traffic and transportation impacts could be reduced to less-than-significant levels with adherence to mitigation measures identified in the EIR. A number of impacts could not be reduced to a level of insignificance even with mitigations. These include: impacts to the I-580 freeway between I-680 and Hacienda Drive (IM 3.3/B), impacts to the I-580 Freeway between Tassajara Road and Airway Boulevard (IM 3.3/C), cumulative freeway impacts (IM 3.3/E) impacts to Santa Rita Road and T-580 Eastbound ramps (IM 3.3/I), and cumulative impacts to Tassajara Road (IM 3.3/N). Fredrich Project MND. This CEQA document included the following applicable mitigation measures: • Mitigation Measure 79 required the project developer to advance funds to the City to acquire right-of-way and construct roadway improvements identified in the September 25, 2005 TJKM Transportation Consultants traffic impact analysis for the proposed Fallon Crossings Development project. • Mitigation Measure 80 required the project developer to contribute a pro-rate share of the cost to improve the Santa Rita Road/I-580 Eastbound off- ramps/Pimlico Drive intersection to include a third left-turn lane for the eastbound off-ramp approach for this intersection. a Mitigation Measure 81 required the project developer to pay Tri-Valley Transportation Development (TVTD) fees for I-580 and I-680 freeway improvements as well as TVTD fees for BART station improvements. Vargas Project MND. The following Mitigation Measures were included in the Vargas MND: • Mitigation Measure 29 required the project developer to widen Tassajara Road between North Dublin Ranch Drive and the City/County line to four lanes, in the event this project is developed prior to the Moller Ranch/Casamira or the Fallon Crossings projects. Additional property may be required for dedication along the project frontage, as determined by the City Engineer. • Mitigation Measure 30 required the project developer to pay the Eastern Dublin Traffic Impact fee to the City to fund improvements at the Dublin Boulevard/Dougherty Road intersection. City of Dublin Page 72 Initial StudyfTassajara Highlands Project July 2014 • Mitigation Measure 31 required the project developer to advance funding to the City for acquisition of right-of-way and construction of improvements for the project's fair share of cost at the Dublin Boulevard/Dougherty Road intersection. • Mitigation Measure 32 required the project developer to contribute a fair-share of the cost to improve the Santa Rita Road/I-580 Eastbound Ramp/Pimlico Drive intersection to include a third left-turn lane for he southbound off-ramp approach as well as related improvements. • Mitigation Measure 33 required that the southern entrance to the project site line up with the entrance/exit for the Moller Ranch/Casamira Valley project. The developer of this project is also required to install a traffic signal at the intersection of Tassajara Road and the southern entrance/exit to the project. • Mitigation Measure 34 required the final project design shall provide adequate parking to serve the residential development. A detailed parking analysis shall be submitted that reviews on- and off-site parking shall also be submitted in conjunction with the Stage 2 rezoning and Site Development Review applications. The proposed project will be required to comply with all of the above transportation and circulation mitigation measures. Project Impacts a,b) Conflict with applicable plans related to the effectiveness of the circulation system, including all modes of travel, including intersections, streets, highways and other components or conflict with an applicable congestion management program, including level of service standards, travel demand measures and other applicable standards? The Eastern Dublin EIR considered the development of the project site with residential land uses and adopted mitigation measures to address the impacts thereof. Additional analysis of increased traffic and circulation impacts occurred in 2006, as part of the Fredrich MND and in 2007 as part of the Vargas property development. The two approved projects would have contained up to 101 dwellings (68 dwellings on the Fredrich site and 33 dwellings on the Vargas site. The following table compares estimated vehicle trips from the proposed Tassajara Highlands site v. trips that would have been generated from he previously approved development projects. The following table does not include trips generated from the two existing residences on the site that would be removed as part of the proposed project. City of Dublin Page 73 Initial Study/Tassajara Highlands Project July 2014 Table 2. Comparative Trip Rates-Approved v. Proposed Development No. Dwellings A.M Peak P.M Peak Total Daily Trips Trips Trips Approved 101 73 88 916 Development Proposed 54 39 47 490 Development (Difference) 1 1 -34 1 -41 1 -426 Notes: 1) Assumes development of 33 dwellings on Vargas site and 68 dwellings on Fredrich site 2) Trip rates based on ITE Trip Generation Manual, 9th edition Based on the above table, the proposed Tassajara Highlands project would generate an estimated 34 fewer a.m. peak hour trips, 41 fewer p.m. peak hour trips and 426 fewer daily trips than the current amount of approved development. There would therefore not be a new or more severe significant impacts on the roadway system that was previously analyzed in other CEQA documents and no new analysis is needed. However, if approved and constructed, the project would continue to contribute to significant and unavoidable cumulative project impacts as part of the larger Eastern Dublin project. The Eastern Dublin EIR identified such impacts on the following roads and transportation facilities: • I-580 freeway between I-680 and Hacienda Drive; • The Santa Rita Road/I-580 eastbound ramps; • The Dublin Boulevard/Hacienda Drive and Dublin Boulevard/Tassaj ara Road intersection; • Other impacts to Tassajara Road, as identified in the EIR. c) Change in air traffic patterns? No New Impact. The proposed project includes residential uses and would have no impact on air traffic patterns. No new or more severe significant impacts would result with respect to this topic than was previously analyzed in other CEQA documents. No new analysis is needed. d) Substantially increase hazards due to a design feature or incompatible use? No New Impact. Although the project includes a reduction in the number of units compared to prior approvals, approval of the proposed project would add new driveways, sidewalks and other vehicular and pedestrian travel ways where none currently exist. The current development proposal will be required to comply with current City engineering design standards and other safety standards to ensure that no safety hazards would be created or exacerbated. No new or more severe City of Dublin Page 74 Initial Study/Tassajara Highlands Project July 2014 significant impacts with respect to design hazards would be created than previously analyzed. No additional analysis is needed. e) Result in inadequate emergency access? No New Impact. A single, signalized roadway access to Tassajara Road would be provided to serve the site. Based on discussions with the Alameda County Fire Department, the proposed drive would provide adequate emergency access to and from the site (source: D. Jones, Assistant Fire Marshall, 8/15/13). No new or more severe significant impacts would result with respect to this topic and no additional analysis is needed. f) Conflict with adopted policies, plans or programs regarding public transit, pedestrian facilities or otherwise decrease the performance or safety of such facilities? No New Impact. No conflicts to plans, policies or programs that promote public transit, pedestrian use or similar features were identified with either the Fredrich or Vargas development proposals as part of previous CEQA reviews. The current project would include sidewalks along Tassajara Road to allow for enhanced pedestrian circulation for future project residents. No new or more severe significant impacts have been identified in this Initial Study that has been previously analyzed in other CEQA documents for the project site. No additional analysis is needed. 16. Utilities and Service Systems Environmental Setting The project area is served by the following service providers: • Water supply and distribution: Dublin San Ramon Services District (DSRSD). • Sewage collection and treatment; recycled water: DSRSD. • Storm drainage: City of Dublin and Zone 7. • Solid waste service: Amador Valley Industries • Electrical and natural gas power: Pacific Gas and Electric Co. • Communications: AT &T Previous CEQA documents Eastern Dublin EIR. In terms of water resources, the Eastern Dublin EIR identified overdraft of groundwater resources (Impact 3.5/P) as a potentially significant impact Adherence to Mitigation Measures 3.5/24.0 and 25.0 would reduce this impact to a level of insignificant. These measures require the City of Dublin to coordinate with DSRSD to develop recycled water resources and otherwise carefully use water resources and that all new development in the Eastern Dublin project area to connect to the DSRSD water system. Impact 3.5/Q identified an increase in water demand as a potentially significant City of Dublin Page 75 Initial Study/Tassajara Highlands Project July 2014 impact, but this impact could be mitigated to an insignificant level based on implementation of Mitigation Measures 3.5/26.0-31.0. These mitigation measures require implementation of water conservation measures in individual development projects and construction of new system-wide water improvements which are funded by development impact fees. Another related impact identified in the Eastern Dublin EIR is the need for additional water treatment plant capacity (Impact 3.5/R). This impact was identified as being reduced to a level of insignificance through the implementation of Mitigation Measures 3.5/32.0-33.0, which requires improvement to the Zone 7 water system, to be funded by individual development impact fees. Impact 3.5/S (lack of a water distribution system) was identified as a potentially significant impact in the Eastern Dublin EIR, but this impact has been reduced to an insignificant level through adherence to Mitigation Measures3.5/4.34.0-38.0. These mitigations require upgrades to the project area water system and provision of a "will serve" letter prior to issuance of a grading permit. Impact 3.5/T identified a potentially significant impact related to inducement of substantial growth and concentration of population in the project area. The Eastern Dublin EIR found that this was a significant and unavoidable impact. Regarding sewer service, the Eastern Dublin EIR identified Impact 3.5/13 (lack of a wastewater collection system) as a potentially significant impact that could be mitigated through adherence to Mitigation Measures 3.5/1.0-5.0. These measures require DSRSD to prepare an area-wide wastewater collection system master plan, requires all new development to be connected to DSRSD's public sewer system, discourages on-site wastewater treatment, requires a "will-serve" letter from DSRSD and requires that all sewer facilities be constructed to DSRSD engineering standards. Impact 3.5 noted an impact with regard to extension of a sewer trunk line with capacity to serve new development, but could be reduced to an insignificant level since the proposed Eastern Dublin Specific Plan sewer system has been sized to accommodate increased sewer demand from the proposed Specific Plan project. Impact 3.5/G found that lack of wastewater disposal capacity as a significant impact. An upgraded wastewater disposal facility has been constructed by the Livermore Amador Valley Water Management Agency and is operational. Impact 3.5/E identified lack of wastewater treatment plant capacity as a potentially significant impact, which could be reduced to an insignificant level through adherence to Mitigation Measures 3.5/7.1, 8.0 and 9.0. No additional analysis is needed. No mitigation measures pertaining to utilities or service systems were contained in the Fredrich or Vargas MND documents. Project Impacts a) Exceed wastewater treatment requirements of the RWQCB? The current project would contain the same type of development but fewer units than analyzed in the prior CEQA documents. Based on recent discussions with DSRSD staff (noted below) regarding this project, the proposed project would not exceed wastewater requirements of the Regional Water Quality Control Board (RWQCB). No new or more severe significant impacts with respect to wastewater treatment City of Dublin Page 76 Initial Study/Tassajara Highlands Project July 2014 requirements have been identified in this Initial Study than have been analyzed in previous CEQA documents. No additional analysis is required. b) Require new water or wastewater treatment facilities or expansion of existing facilities? No New Impact. Water, recycled water and wastewater extensions to existing mains in Tassajara Road would need to be constructed to serve the amount of development proposed in the Tassajara Highland development application. According to a representative of DSRSD, the need for increased water, wastewater collection, treatment and disposal facilities from the construction of the proposed project would not result in a new or more significant impact than was analyzed in previous CEQA documents that assumed a greater amount of development on the site (source: Stan Kolozdie, DSRSD, 8/25/13). The Tassajara Highlands project would also contribute to cumulative impacts related to consumption of non-renewable natural resources (Impact 3.4/S, increase in energy use though increased wastewater treatment and disposal and though the operation of the water system (Impact 3.5/F, H, and U), and inducement of substantial growth and concentration of population (Impact 3.5/T). All of these impacts were identified as significant and unavoidable in the Eastern Dublin EIR. The project still includes residential use, but with a fewer number of dwellings than currently proposed. The previously identified impacts would be somewhat reduced, but not to less than significant. The project would not result in any new or more severe significant impacts than analyzed in the prior CEQA documents. No additional analysis is required. c) Require new storm drainage facilities? No New Impact. The proposed Tassajara Highlands development project would require new and or upgraded drainage facilities to support proposed development. Consistent with Eastern Dublin EIR Mitigation Measures, the project developer will be required to install new or upgraded on and off-site (if required) storm drain systems that comply with City of Dublin and Zone 7 standards. No supplemental storm drainage impacts were identified in other previous CEQA documents. The current project would generally require the same type of drainage facilities as anticipated for approved Fredrich and Vargas development projects in 2006 and 2007, respectively. No new or more severe significant impacts are anticipated with respect to storm drain facilities that have been analyzed in previous CEQA documents. No additional analysis is required. d) Are sufficient water supplies available? No New Impact. Based on the information provided by DSRSD staff, the District has planned for future urban uses on this site and included such development in the District's Urban Water Management Plan (source: Stan Kolozdie, DSRSD, 8/25/13). No new or more severe significant are anticipated with respect to water supplies than have been previously analyzed. No additional analysis is required. e) Adequate wastewater capacity to serve the proposed project? See response to "a," above. City of Dublin Page 77 Initial Study/Tassajara Highlands Project July 2014 e, f) Solid waste disposal? No New Impact. The project site is within the franchise area of Amador Valley Industries that provides residential and commercial solid waste pick-up and recycling services. According to representatives of the company, no solid waste service is currently provided to the area, since it is largely undeveloped. The topic of solid waste disposal was not identified as a potentially significant impact in previous CEQA documents and no new or more severe significant impacts have been identified in this Initial Study than have been previously analyzed. No additional analysis is needed. g) Comply with federal, state and local statutes and regulations related to solid waste? No New Impact. The existing service provider will ensure adherence to federal, state and local solid waste regulations. No new or more severe significant impacts are anticipated impacts than have been previously analyzed and no additional analysis is needed. 17. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No New Impact. Potential impacts related to biological resources, including a reduction in habitat area of fish or wildlife species, elimination of a plant or animal community, or elimination of an important example of major periods of California history or prehistory was analyzed in the Eastern Dublin EIR and prior MNDs. The proposed project would represent less development intensity than previously analyzed there are no new or more severe significant impacts beyond those previously identified in the prior CEQA documents. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). No New Impacts. Cumulative impacts of the proposed Tassajara Highlands project have been analyzed in the Eastern Dublin EIR and prior MNDs. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No. No such impacts have been discovered in the course of preparing this Initial Study. City of Dublin Page 78 Initial Study/Tassajara Highlands Project July 2014 Initial Study Preparers Jerry Haag, Urban Planner, project manager Agencies and Organizations Consulted The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin Luke Sims, AICP, Community Development Director Jeff Baker, Assistant Community Development Director Michael Porto, Project Manager Andy Russell PE, City Engineer Obaid Khan, City Transportation Engineer Bonnie Terra, Alameda County Fire Department Darrell Jones, Alameda County Fire Department Chief Tom McCarthy, Dublin Police Services Kathleen Faubion, AICP, Assistant City Attorney California Department of Toxic Substances Control (DTSC) Website DSRSD Stan Kolozdie Applicant Representatives Mike O'Hara References Dublin General Plan, City of Dublin, Updated through 7/2/11 Eastern Dublin General Plan, Wallace Roberts & Todd, 1993 Eastern Dublin Specific Plan and General Plan Environmental Impact Report, Wallace Roberts & Todd, 1994 Eastern Dublin Comprehensive Stream Restoration Program, Sycamore Associates, 1996 Eastern Dublin Scenic Corridor Policies and Standards, David Gates & Associates, 1996 Geotechnical Update, Dublin Highlands Project, ENGEO, Inc. July 2012 City of Dublin Page 79 Initial Study/Tassajara Highlands Project July 2014 Livermore Municipal Airport Airport Land Use Compatibility Plan ESA Associates, August 2012 Parks and Recreation Master Plan. City of Dublin, 2006 update Tassajara Highlands, Dublin CA, Environmental Noise Assessment Charles M. Salter Associates, November 2013 City of Dublin Page 80 Initial Study/Tassajara Highlands Project July 2014