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HomeMy WebLinkAbout6. Exhibit B Findings Concerning Significant Impacts and Mitigation Measures_sup1 EXHIBIT B FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION MEASURES Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, the City Council hereby makes these findings with respect to the potential for significant environmental impacts from adoption and implementation of the Kaiser Dublin Medical Center Project, City of Dublin, Alameda County, California (“Specific Plan,” or “Project”), State Clearinghouse No. 2015012018, and means for mitigating those impacts. For the purpose of these findings, the term “EIR” means the Draft and Final EIR documents collectively, unless otherwise specified. These findings do not attempt to describe the full analysis of each environmental impact contained in the EIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the EIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the EIR, and these findings hereby incorporate by reference the discussion and analysis in those documents supporting the EIR’s determinations regarding mitigation measures and the Project’s impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the Project. In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the EIR, and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent any such determinations and conclusions are specifically and expressly modified by these findings. SECTION 3.1 – AESTHETICS, LIGHT, AND GLARE Impact AES – 3: The proposed project may substantially degrade the existing visual character or quality of the site and its surroundings. Mitigation Measures: MM AES – 3: Prior to issuance of the first building permit for either the medical campus or commercial uses, a Master Sign Program shall be prepared and submitted to the City of Dublin for review and approval that sets forth standards for illuminated signage. (Separate Master Sign Programs may be pursued for the medical campus and commercial uses as appropriate). The Master Sign Program shall set forth performance standards for illuminated signage, including (1) limitations on the size, location, and orientation of illuminated and non-illuminated pylon, monument, and wall signs; (2) a prohibition on digital and non-digital freeway billboards, flashing, oscillating, animated lights or other moving sign components; and (3) the use of dimmers or other devices intended to limit the intensity of illumination during late night and 2 early morning hours. The approved Master Sign Program shall be incorporated into the proposed project. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measure AES-3 requires the Master Sign Program to place limitations on the size, location, and orientation of illuminated and non-illuminated pylon, monument, and wall signs; prohibit digital and non-digital freeway billboards, flashing, oscillating, animated lights or other moving sign components; and require the use of dimmers or other devices intended to limit the intensity of illumination during late night and early morning hours. With the implementation of this mitigation measure, impacts would be reduced to a level of less than significant. Impact AES – 4: The project may create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Mitigation Measures: Implement MM AES – 3 and MM AES – 4: Prior to issuance of the building permit for each project building, the project applicant shall prepare and submit building plans to the City of Dublin for review and approval that demonstrate that exterior lighting fixtures would not create adverse spillover effects on adjoining land uses. The plans shall demonstrate that all exterior lighting fixtures are either fully shielded or employ full cut-off fixtures. The approved plans shall be incorporated into the proposed project. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measure AES-4 is proposed requiring that all exterior lighting fixtures be either fully shielded or employ full cut-off fixtures to prevent adverse spillover effects onto nearby land uses. Additionally, Mitigation Measure AES-3 requires a Master Sign Program to be developed that places limits or prohibitions on various types of illuminated signage. (Specifically, digital and non-digital freeway billboards, flashing, oscillating, animated lights, or other moving sign components are prohibited.) With the implementation of these mitigation measures, light and glare impacts would be reduced to a level of less than significant. SECTION 3.2 – AIR QUALITY / GREENHOUSE GAS EMISSIONS 3 Impact AIR – 1: The project may conflict with or obstruct implementation of the appl icable air quality plan. Mitigation Measures: Implement MMs AIR – 3a, AIR – 3b, and TRANS – 1a. (see below for text of mitigation measures) Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: The Project would not be consistent with the goals of the air quality plan because of the exceedance of regional ozone precursor thresholds during operation. Mitigation Measures AIR – 3a, AIR – 3b and TRANS – 1a would help to reduce ozone precursor emissions, but not to a level of less than significant. Therefore, the project would conflict with the implementation of the air quality plan. The impact is significant and unavoidable. Impact AIR – 3: The project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Mitigation Measures: Implement MM TRANS – 1a and: MM AIR – 3a During construction, the following air pollution control measures shall be implemented: • Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or more as needed. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads and surfaces shall be limited to 15 miles per hour. • All roadways, driveways, and sidewalks shall be paved as soon as possible. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics 4 control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign shall be posted with the telephone number and person to contact both at the City of Dublin and at the office of the General Contractor regarding dust complaints. This person shall respond and take corrective action within 2 business days of a complaint or issue notification. The Bay Area Air Quality Management District’s phone number shall also be visible to ensure compliance with applicable regulations. MM AIR – 3b: Prior to issuance of grading permits, the applicant shall prepare and submit documentation to the City of Dublin that demonstrate that all off-road diesel-powered construction equipment greater than 50 horsepower meets United States Environmental Protection Agency Tier 4 off-road emissions standards. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: The project would exceed the BAAQMD thresholds of significance for ROG and NOx during operation. With the incorporation of the mitigation measures, the emissions would be reduced, but not below the level of significance. Therefore, the impact would be significant and unavoidable. Impact AIR – 6: Implementation of the project would generate direct and indirect greenhouse gas emissions that would result in a significant impact on the environment. Mitigation Measures: Implement MM TRANS–1A, MM TRANS–40a, MM TRANS–40b, AND MM TRANS-40c. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. 5 Rationale of Finding: The Project’s greenhouse gas emissions would exceed the BAAQMD significance threshold. Even with the implementation of mitigation measures, the emissions would remain significant and unavoidable. Impact AIR-7: Implementation of the project would conflict with any applicable plan, policy or regulation of an agency adopted to reduce the emissions of greenhouse gases. Mitigation Measures: Implement MM TRANS–1A, MM TRANS–40a, MM TRANS–40b, AND MM TRANS-40c. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. SECTION 3.3 – BIOLOGICAL RESOURCES Impact BIO – 1: The proposed project may have a substantial adverse effect on special-status plant and wildlife species. Mitigation Measures: MM BIO – 1a: Prior to any vegetation removal or ground-disturbing activities, focused surveys shall be conducted to determine the presence of special-status plant species with potential to occur in the project site. Surveys shall be conducted in accordance with the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFG 2009). These guidelines require rare plant surveys to be conducted at the proper time of year when rare or endangered species are both “evident” and identifiable. Field surveys shall be scheduled to coincide with known blooming periods, and/or during periods of physiological development that are necessary to identify the plant species of concern. If no special-status plant species are found, then the project will not have any impacts to the species and no additional mitigation measures are necessary. If any of the species are found on-site and cannot be avoided, the following measures shall be required: • Where surveys determine that special-status plant species are present within or adjacent to the proposed project site, direct and indirect impacts of the project on the species (e.g., Congdon’s tarplant and/or San Joaquin spearscale) shall be avoided where feasible through the establishment of activity exclusion zones, where no ground-disturbing activities shall take place, including construction of new facilities, construction staging, or other temporary work areas. Activity exclusion zones for special-status plant species shall be established prior to construction activities around each occupied habitat site, the boundaries of which shall be clearly marked with standard orange plastic construction exclusion fencing or its equivalent. 6 The establishment of activity exclusion zones shall not be required if no construction-related disturbances would occur within 250 feet of the occupied habitat site. The size of activity exclusion zones may be reduced through consultation with a qualified biologist and with concurrence from CDFW based on site-specific conditions. • If exclusion zones and avoidance of impacts on a special-status plant species are not feasible, then the loss of individuals or occupied habitat of a special-status plant species shall be compensated for through the acquisition, protection, and subsequent management of other existing occurrences. Before the implementation of compensation measures, the project’s applicant shall provide detailed information to the CDFW and lead agency on the quality of preserved habitat, location of the preserved occurrences, provisions for protecting and managing the areas, the responsible parties involved, and the other pertinent information that demonstrates the feasibility of the compensation. A mitigation plan identifying appropriate mitigation ratios shall be developed in consultation with, and approved by, the CDFW and the City prior to the commencement of any activities that would impact any special status plants. MM BIO – 1b: No more than 14 days prior to initial ground disturbance and vegetation removal during the nesting season (February 1 to August 31), the project applicant shall retain a qualified biologist to perform pre-construction breeding bird surveys. If any nests are found, they shall be flagged and protected with a suitable buffer. Buffer distance will vary based on species and conditions at the site, but is usually at least 50 feet, and up to 250 feet for raptors. Note that this mitigation measure does not apply to ground disturbance and vegetation removal activities that occur outside of the nesting season (September 1 to January 31). MM BIO – 1c: Prior to the first ground-disturbing activities for Phase 1A, the project applicant shall implement the following measures that pertain the burrowing owl, as applicable: 1. Conduct a Burrowing Owl Survey and Impact Assessment. Prior to the first ground- disturbing activities, the project applicant shall retain a qualified biologist to conduct two pre- construction surveys for the burrowing owl for the entire site. The first survey shall be conducted no more than 14 days prior to ground-disturbing activities and the second survey shall be conducted within 48 hours of initial ground disturbance. The surveys shall be conducted in accordance with the California Department of Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation. If the surveys determine owls are present, then the measures set forth in this mitigation shall be followed. 2. Implement Avoidance Measures. If direct impacts to owls can be avoided, prior to the first ground-disturbing activities, the project applicant shall implement the following avoidance measures during all phases of construction to reduce or eliminate potential impacts to California burrowing owls. • Avoid disturbing occupied burrows during the nesting period, from February 1 through 31 August. • Avoid impacting burrows occupied during the non-breeding season by migratory or non-migratory resident burrowing owls. 7 • Avoid direct destruction of burrows through chaining (dragging a heavy chain over an area to remove shrubs), disking, cultivation, and urban, industrial, or agricultural development. • Develop and implement a worker awareness program to increase the on-site worker’s recognition of and commitment to burrowing owl protection. • Place visible markers near burrows to ensure that equipment and other machinery do not collapse burrows. • Do not fumigate, use treated bait or other means of poisoning nuisance animals in areas where burrowing owls are known or suspected to occur (e.g., sites observed with nesting owls, designated use areas). 3. Conduct Burrow Exclusion. If avoidance of burrowing owl or their burrows is not possible, prior to the first ground-disturbing activities, the project applicant, in consultation with the California Department of Fish and Wildlife, shall prepare a Burrowing Owl Relocation Plan as indicated and following the CDFW 2012 Staff Report. Monitoring of the excluded owls shall be carried out as per the California Department of Fish and Game 2012 Staff Report. 4. Prepare and Implement a Mitigation Plan. If avoidance of burrowing owl or their burrows is not possible and project activities may result in impacts to nesting, occupied, and satellite burrows and/or burrowing owl habitat, the project applicant shall consult with the CDFW and develop a detailed mitigation plan that shall include replacement of impacted habitat, number of burrows, and burrowing owl at a ratio approved by CDFW. The mitigation plan shall be based on the requirements set forth in Appendix A of the CDFW 2012 Staff Report on Burrowing Owl Mitigation and the Plan shall be reviewed and accepted by CDFW and the City prior to the first ground-disturbing activities. MM BIO – 1d: Prior to the first ground-disturbing activities, a wildlife exclusion fence shall be installed along the project site boundary with the water quality basin to the west. The fence shall be designed and installed to prevent the California red-legged frog from entering the project site. MM BIO – 1e: Prior to ground disturbing activities for Phase 1A, the project applicant shall implement the following measures for the California red-legged frog (CRLF), as applicable: 1. The project applicant shall retain a qualified herpetologist to conduct habitat assessments for CRLF within the entire project area and based on the results of the habitat assessments, determine in consultation with the USFWS if protocol level CRLF surveys will be required within the entire project area. The project applicant can forgo the habitat assessments and conduct protocol-level surveys. If required, the focused surveys shall follow the Revised Guidance on Site Assessment and Field Surveys for the California Red-legged Frog (USFWS 2005). A CRLF survey report prepared to meet the protocol guidelines shall be submitted to the USFWS. If no CRLF are found then no further mitigation is required. 2. If CRLF are found on the project site then the project applicant shall ensure no net loss of habitat that shall be achieved through avoidance, preservation, creation and/or purchase of credits. Mitigation may include, but would not be limited to, on-site and off-site preservation and creation of CRLF habitat, purchase of credits at mitigation banks, payment of in lieu fees approved by the agencies, or other agency approved and required mitigation measures. 8 3. Avoidance measures may include the following or equivalent protective measures: • To minimize disturbance of breeding and dispersing CRLF, construction activity within CRLF upland habitat shall be conducted during the dry season between April 15 and October 15 or before the onset of the rainy season, whichever occurs first. If construction activities are necessary in CRLF upland habitat between October 15 and April 15, the project applicant would contact the USFWS for approval to extend the work period. • To minimize disturbance and mortality of adult and juvenile CRLF in aquatic habitat and underground burrows, the project applicant should minimize the extent of ground- disturbing activities within these habitats by requiring the contractor to limit the work area to the minimum necessary for construction. In addition, the project applicant should ensure that the contractor installs temporary exclusion fence between the construction work area and potential aquatic habitat for all construction within grasslands near aquatic habitat. A minimum buffer zone of 150 feet shall be maintained around CRLF aquatic habitat during construction. No staging, parking, material storage or ground disturbance shall be allowed in the buffer zone. The buffer zone will be clearly defined with construction fencing prior to the initiation of construction activities and shall be maintained until completion of construction. • The project applicant should ensure that a qualified wildlife biologist monitors all construction activities within CRLF upland habitat to ensure no take of individual CRLF occurs during project construction. If a CRLF is found, then the monitor would immediately stop construction in that area and contact USFWS for development of a plan for how to proceed with construction. • If preservation of upland habitat is required by USFWS, the habitat land shall be within a USFWS approved conservation area. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. SECTION 3.4 – CULTURAL RESOURCES Impact CUL – 1: Subsurface construction activities associated with the proposed project may damage or destroy previously undiscovered historic resources. Mitigation Measures: MM CUL – 1: In the event that buried historic or archaeological resources are discovered during construction, operations shall stop within 50 feet of the find and a qualified archaeologist shall be consulted to evaluate the resource in accordance with CEQA Guidelines 15064.5. The applicant shall include a standard inadvertent discovery clause in every construction contract to 9 inform contractors of this requirement. If the resource does not qualify as a significant resource, then no further protection or study is necessary. If the resource does qualify as a significant resource then the impacts shall be avoided by project activities. If the resource cannot be avoided, adverse impacts to the resource shall be addressed. The archaeologist shall make recommendations concerning appropriate mitigation measures that shall be implemented to protect the resources, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. Impact CUL – 2: Subsurface construction activities associated with the proposed project may damage or destroy previously undiscovered archaeological resources Mitigation Measures: Implement MM CUL – 1. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. Impact CUL – 3: Subsurface construction activities associated with the proposed project may damage or destroy previously undiscovered paleontological resources. Mitigation Measures: MM CUL – 3: In the event a fossil is discovered during construction for the proposed project, excavations within 50 feet of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the paleontological 10 resources are found to be significant, they shall be avoided by project construction activities and recovered by a qualified paleontologist. Upon completion of the recovery, a paleontological assessment shall be conducted by a qualified paleontologist to determine if further monitoring for paleontological resources is required. The assessment shall include (1) the results of any geotechnical investigation prepared for the project area, (2) specific details of the construction plans for the project area, (3) background research, and (4) limited subsurface inv estigation within the project area. If a high potential to encounter paleontological resources is confirmed, a monitoring plan of further project subsurface construction shall be prepared in conjunction with this assessment. After project subsurface construction has ended, a report documenting monitoring, methods, findings, and further recommendations regarding paleontological resources shall be prepared and submitted to the Director of Community Development. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. Impact CUL – 4: Subsurface construction activities associated with the proposed project may damage or destroy previously undiscovered human burial sites. Mitigation Measures: MM CUL – 4: In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines § 15064.5; Health and Safety Code § 7050.5; Public Resources Code § 5097.94 and § 5097.98 must be followed. If during the course of project development there is accidental discovery or recognition of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Alameda County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98. 2. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the most likely descendant or on the project site in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the commission. 11 • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: If human remains are discovered, implementation of Mitigation Measure CUL – 4 would reduce impacts to a level of less than significant. SECTION 3.5 – GEOLOGY, SOILS, AND SEISMICITY Impact GEO – 1: The proposed project may expose people or structures to potential substantial adverse effects associated with seismic hazards. Mitigation Measures: MM GEO – 1: Prior to the issuance of building permits for each structure, the project applicant shall submit a design-level Geotechnical Investigation to the City of Dublin for review and approval. The investigation shall be prepared by a qualified engineer and identify necessary grading and building practices necessary to achieve compliance with the latest adopted edition of the California Building Standards Code geologic, soils, and seismic requirements. The measures identified in the approved report shall be incorporated into the project plans. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. Impact GEO – 2: The proposed project may result in substantial soil erosion or the loss of topsoil. Mitigation Measures: Implement MM HYD – 1a.(see below for text of mitigation measure) Resulting Significance: Less than significant impact. 12 Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. Impact GEO – 4: The proposed project may create substantial risks to life or property as a result of expansive soil conditions on the project site. Mitigation Measures: Implement MM GEO – 1. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. SECTION 3.7 – HYDROLOGY AND WATER QUALITY Impact HYD – 1: Construction and operation activities associated with the proposed projects may have the potential to degrade surface water quality in downstream water bodies. Mitigation Measures: MM HYD – 1a: Prior to issuance of grading permits for the proposed project, the City of Dublin shall verify that the applicant has prepared a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit. The SWPPP shall be designed to address the following objectives: (1) all pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controll ed; (2) where not otherwise required to be under a Regional Water Quality Control Board permit, all non- stormwater discharges are identified and either eliminated, controlled, or treated; (3) site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity; and (4) stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. The SWPPP shall be prepared by a qualified SWPPP developer. The SWPPP shall include the minimum BMPs required for the identified Risk Level. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook- Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 13 MM HYD – 1b: Prior to issuance of building permits for the proposed project, the City of Dublin shall verify that the project applicant has prepared operational stormwater quality control measures that comply with the requirements of the current Municipal Regional Permit. Responsibilities include but are not limited to designing BMPs into project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design-level drainage plan and final development drawings. Specifically, the final design shall include measures designed to mitigate potential water quality degradation from all portions of completed developments. The proposed project shall incorporate site design and BMPs described in the current version of Alameda County Clean Water Program, C.3 Stormwater Technical Guidance manual. Low Impact Development features, including minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring, or biotreating stormwater runoff close to its source, shall be used at each development covered by the Municipal Regional Permit. Funding for long-term maintenance of all BMPs must be specified. For each development project, the project sponsor shall establish a self-perpetuating Operation and Maintenance of Stormwater Treatment Systems plan (Municipal Regional Permit provision C.3.h). This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Municipal Reg ional Permit. Reports documenting inspections and any remedial action conducted shall be submitted regularly to the City for review and approval. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. Impact HYD – 3: The proposed projects may create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems. Mitigation Measures: MM HYD – 3: Prior to issuance of building permits for the proposed project, the City of Dublin shall verify that the applicant has prepared a storm drainage and hydraulic study in accordance with City requirements. The storm drainage and hydraulic study shall quantify the increase in stormwater runoff peak flow rates and volumes resulting from the project, and identify the potential to exceed the conveyance and storage capacity of the local storm drainage system. The study shall incorporate the stormwater treatment controls and LID measures that will be designed to capture and treat runoff. The analysis shall verify whether the existing drainage infrastructure is adequate to receive and convey runoff from the proposed project. If the findings of the analysis reveal that implementation of a proposed project would create runoff beyond the capacity of the existing stormwater drainage systems, the project shall be 14 required to upgrade undersized components or adopt a different form of stormwater runoff management. Prior to approval of a proposed project, the final design drainage plans shall be reviewed and approved by the City of Dublin Public Works Department and Zone 7 Water Agency. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project whi ch avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. SECTION 3.9 – NOISE Impact NOI – 1: The project would result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Mitigation Measures: MM NOI – 1a: To reduce potential construction noise impacts, the following multi-part mitigation measure shall be implemented for the proposed project: • The construction contractor shall limit all on-site noise producing construction activities, including deliveries and warming up of equipment, to the daytime hours of 7:30 a.m. to 5:00 p.m., Monday through Friday (excluding holidays) unless otherwise approved by the City Engineer. • The construction contractor shall ensure that all internal combustion engine-driven equipment is equipped with mufflers that are in good condition and appropriate for the equipment. • The construction contractor shall locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. In addition, the project contractor shall place such stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. • The construction contractor shall prohibit unnecessary idling of internal combustion engines. • The construction contractor shall, to the maximum extent practical, locate on-site equipment staging areas so as to maximize the distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. • The construction contractor shall designate a noise disturbance coordinator who would be responsible for responding to any local complaints about construction noise. When a complaint is received, the disturbance coordinator shall notify the City within 24 hours of the complaint and determine the cause of the noise complaints (starting too early, bad muffler, etc.) and institute reasonable measures warranted to correct the problem, as deemed acceptable by the Dublin Planning Department. The construction contractor shall 15 conspicuously post the contact name and telephone number for the noise disturbance coordinator at the construction site. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. Impact NOI – 4: The project may result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Mitigation Measures: Implement MM NOI – 1a. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. SECTION 3.10 – PUBLIC SERVICES AND UTILITIES Impact PSU-6: The proposed projects may create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems. MITIGATION MEASURES: Implement Mitigation Measure HYD-3. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measures, the impact will be less than significant. 16 SECTION 3.11 – TRANSPORTATION Impact TRANS – 1: The proposed project would generate new trips that would contribute to unacceptable traffic operations at Dougherty Road and Dublin Boulevard under Existing Plus Project Conditions. MITIGATION MEASURES: MM TRANS – 1a: Prior to occupancy of Phase 1A, the project applicant shall submit a Transportation Demand Management (TDM) Program to the City of Dublin for review and approval. The TDM program shall be prepared by a qualified transportation consultant/ engineer and identify TDM measures. The TDM program shall contain the following provisions: • The TDM program shall establish the following trip budgets for each project phase: - Phases 1A and 1B: The number of trips generated should be no more than expected based on the Trip Generation Estimate total AM and PM peak hour trips for Phases 1A and 1B noted in Table 3.11-9 (Trips By Analysis Phase). - Phase 2: Implementation of the TDM program shall produce a 5% reduction from the Trip Generation Estimate total AM and PM peak hour trips for Phases 1A, 1B, and 2 combined as noted in Table 3.11-9. - Phase 3: Implementation of the TDM program shall produce a 10% reduction from the Trip Generation Estimate total AM and PM peak hour trips for the total project, as shown in Table 3.11-9. • The TDM program may include but may not be limited to the following measures: - Shuttle service between the project and the Dublin/Pleasanton BART station - Public transit subsidies - Employer-sponsored carpooling and ride-matching programs. - Preferential carpool parking - Guaranteed ride home - On-site car share program - Scheduling practices to avoid peak-hour travel (flex time, staggered shifts, compressed work schedules, etc.) - End of trip facilities such as lockers, showers, or storage facilities. - Provision of kiosks, website(s), brochures, and similar items that provide information about the TDM program. • The effectiveness of the TDM program shall be monitored 6 months after the completion of each phase. Monitoring shall consist of conducting peak period traffic counts at the project driveways over a 3-day period. The cost of conducting the traffic counts shall be paid by the project applicant or project owner. The resulting trip rates should be normalized by employee, patient loads and/or square footage and compared the trip generation presented to determine if the peak-hour trip budgets have been attained. • If the TDM program is not achieving the established trip budgets, specific changes shall be made to the TDM program to be reviewed and approved by the City to ensure that the reductions required in the mitigation measure are met. • Subsequent monitoring periods shall be on an annual basis until it is shown that the TDM measures are effective in reducing vehicle trips to the budget set forth for each phase. 17 A report shall be provided to the City every year summarizing the program’s effectiveness and identifying additional steps to be taken if necessary. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, vehicle trips from the Project will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 2: The proposed project would generate new trips that would contribute to unacceptable traffic operations at Tassajara Road / Dublin Boulevard under Existing Plus Project Conditions. Mitigation Measures: MM TRANS – 2: Prior to occupancy of Phase 1A, the south side of Dublin Boulevard shall be widened between Tassajara Road and Brannigan Street (approximately 800 feet) to provide a third eastbound through lane, connecting to an existing three‐lane eastbound cross section at Brannigan Street. This improvement shall be constructed by the applicant prior to occupancy of Phase 1A if not constructed by the City prior to that date. If the City constructs the improvement in advance of the occupancy of Phase 1A, the applicant shall meet this obligation through the payment of the Eastern Dublin TIF or through the payment of a fair share contribution (if the improvement is not identified in the EDTIF program). Resulting Significance: Less than significant Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 3: The proposed project would generate new trips that would contribute to unacceptable traffic operations at Fallon Road / Dublin Boulevard under Existing Plus Project Conditions. Mitigation Measures: 18 MM TRANS – 3 : Prior to occupancy of Phase 1A, the intersection of Fallon Road/Dublin Boulevard shall be improved to provide second left-turn lanes on both the northbound and eastbound approaches. In addition, the signal operation shall be retimed to minimize queuing. This improvement shall be constructed by the applicant prior to occupancy of Phase 1A if not constructed by the City prior to that date. If the City constructs the improvemen t in advance of the occupancy of Phase 1A, the applicant shall meet this obligation through the payment of the Eastern Dublin TIF or through the payment of a fair share contribution (if the improvement is not identified in the EDTIF program). Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 4: The proposed project would generate new trips that would contribute to unacceptable traffic operations at Fallon Road / Fallon Gateway under Existing Plus Project Conditions. Mitigation Measures: MM TRANS – 4: Prior to occupancy of Phase 1A, the City of Dublin shall retime the signal operation at Fallon Road / Fallon Gateway to better accommodate the added traffic associated project buildout. The applicant shall pay to the City of Dublin the cost of retiming. Resulting Significance: Less than significant. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS–5: Fallon Road / I-580 Westbound Ramps under Existing Plus Project Conditions. Mitigation Measures: MM TRANS – 5: Prior to occupancy of Phase 1A, the applicant and the City of Dublin shall coordinate with Caltrans and the City of Pleasanton to retime the signal operation at the 19 intersection of Fallon Road/I-580 Westbound Ramps to better accommodate the added traffic associated project buildout. The applicant shall provide Caltrans or the City of Pleasanton with its fair-share cost of retiming. Resulting Significance: Significant unavoidable impact. Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Rationale for Finding: Because implementation of this mitigation measure is not within the control of the City of Dublin, its implementation cannot be assured. Therefore, the impact will be considered significant and unavoidable. Impact TRANS – 6a: Dougherty Road / Dublin Boulevard queuing Mitigation Measures: MM TRANS – 6a: Prior to occupancy of Phase 1A, the City of Dublin shall retime the signal operation at Dublin Boulevard/Dougherty Road to better accommodate the added traffic‐ associated project buildout. The applicant shall pay to the City of Dublin with the cost of retiming. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mi tigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 6b: Fallon Road / Dublin Boulevard queuing Mitigation Measures: Implement Mitigation Measure TRANS – 3. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. 20 Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 7a: Amador Plaza Road / Dublin Boulevard queuing Mitigation Measures: MM TRANS – 7a: Prior to occupancy of Phase 1A, the City of Dublin shall retime the signal operation at Dublin Boulevard/Amador Plaza Road to better accommodate the added traffic associated project buildout. The applicant shall pay to the City of Dublin the cost of retiming. Resulting significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 7b: Dougherty Road / Dublin Boulevard queuing Mitigation Measures: Implement Mitigation Measure TRANS – 6a: Resulting significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibi t C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 7c: Keegan Street / Dublin Boulevard queuing Mitigation Measures: MM TRANS – 7c: Prior to occupancy of Phase 1A, the applicant shall construct a second minimum 250-foot westbound left-turn lane on Dublin Boulevard at Keegan Street. The applicant shall be responsible for the full cost of the improvement. 21 Resulting significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 7d: Lockhart Street / Dublin Boulevard queuing Mitigation Measures: MM TRANS – 7d: Prior to occupancy of Phase 1A, the applicant shall extend the existing dual westbound left-turn lanes on Dublin Boulevard to Lockhart Street to provide an additional 100 feet of vehicle storage, for a total of 350 feet. The applicant shall be responsible for the full cost of the improvement. This is a proposed project improvement, but it has been included as a mitigation measure to ensure implementation Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 7e: Fallon Road / Dublin Boulevard queuing Mitigation Measures: Implement MM TRANS – 3. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 8: Amador Plaza / Dublin Boulevard under Near-Term Plus Project Conditions 22 Mitigation Measures: MM TRANS – 8: A southbound right-turn only lane shall be constructed at this intersection as identified by the Downtown Dublin Transportation Impact Fee (October 2015). This improvement shall be constructed by the applicant prior to occupancy of Phase 2 if not constructed by the City prior to that date. If the City constructs the improvement in advance of the occupancy of Phase 2, the applicant shall meet this obligation through the payment of the Eastern Dublin or Downtown TIF or through the payment of a fair share contribution (if the improvement is not identified in the ED or Downtown TIF program). Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 10: Dougherty Road / Dublin Boulevard under Near-Term Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A and MM TRANS – 6a. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 11: Tassajara Road / Dublin Boulevard under Near-Term Plus Project Conditions Mitigation Measures: Implement MM TRANS – 2. 23 Resulting Significance: Significant unavoidable impact (City of Dublin); Less than significant impact (TVTC). Finding: Under City of Dublin Standards, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Under TVTC Standards, Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: For City of Dublin Standards, with the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. For TVTC Standards, With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 12: Santa Rita Road / I-580 Eastbound Ramps under Near-Term Plus Project Conditions Mitigation Measures: MM TRANS – 12: Prior to occupancy of Phase 2, the applicant shall provide its fair-share cost contribution to the Santa Rita/I-580 Eastbound ramp improvements. The interchange improvements include constructing a second southbound left turn lane and upgrading the traffic signal intersection of the Santa Rita/I-580 Eastbound ramp. An escrow account where fair- share funds can be deposited for interchange improvements not included in local or regional fee programs shall be established in coordination with the cities of Livermore, Pleasanton, and the Alameda CTC. The City will ensure that the fair-share costs are collected for the escrow account and maintained for the needed improvements. The fair-share payments would be above the required local and regional fee payments, unless the identified improvements are included or added to a local or regional fee program prior to occupancy of Phase 2. If the identified improvements are added to a local or regional fee program prior to occupancy of Phase 2, then the applicant shall pay the fee established under the fee program prior to occupancy of Phase 2 as satisfaction of this mitigation measure. Resulting Significance: Significant unavoidable impact. 24 Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 13: Brannigan Street / Dublin Boulevard under Near-Term Plus Project Conditions Mitigation Measures: Implement MM TRANS – 2. Resulting Significance: Less than significant. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 14: Keegan Street / Dublin Boulevard under Near-Term Plus Project Conditions Mitigation Measures: Implement MM TRANS – 7c. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 15: Lockhart Street / Dublin Boulevard under Near-Term Plus Project Conditions Mitigation Measures: 25 Implement MM TRANS – 7d and MM TRANS – 15: Prior to occupancy of Phase 3, the applicant shall construct a second northbound right-turn lane, providing a four-lane northbound cross-section on Lockhart Street at Dublin Boulevard. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 16: Fallon Road / Dublin Boulevard under Near-Term Plus Project Conditions Mitigation Measures: MM TRANS – 16: Prior to the issuance of the first certificate of occupancy for Phase 2, a second northbound left-turn lane shall be constructed at Fallon Road/ Dublin Boulevard. This improvement shall be constructed by the applicant prior to occupancy of Phase 2 if not constructed by the City prior to that date. If the City constructs the improvement in advance of the occupancy of Phase 2, the applicant shall meet this obligation through the payment of the Eastern Dublin TIF or through the payment of a fair share contribution (if the improvement is not identified in the EDTIF program). Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 17: Fallon Road / Fallon Gateway under Near-Term Plus Project Conditions Mitigation Measures: Implement MM TRANS – 4. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. 26 Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 18: Fallon Road / I-580 Westbound Ramps under Near-Term Plus Project Conditions Mitigation Measures: MM TRANS – 18: Prior to occupancy of Phase 2, the applicant shall provide its fair-share cost contribution to the Phase 2 Fallon/I-580/El Charro interchange improvements. The interchange improvements include: (1) Reconstruction of overcrossing to provide four-lanes in each direction; (2) reconstruction of the southbound to eastbound loop on-ramp; (3) widening of the eastbound off-ramp to provide two exit lanes with two left turn and two right tum lanes; (4) widening of the eastbound on-ramp; (5) widening of the westbound off-ramp to provide two left tum and two right tum lanes; and (6) widening of the westbound on-ramp. An escrow account where fair-share funds can be deposited for interchange improvements not included in local or regional fee programs shall be established in coordination with the cities of Livermore, Pleasanton, and the Alameda CTC. The City will ensure that the fair-share costs are collected for the escrow account and maintained for the needed improvements. The fair-share payments would be above the required local and regional fee payments, unless the identified improvements are included or added to a local or regional fee program prior to occupancy of Phase 2. If the identified improvements are added to a local or regional fee program prior to occupancy of Phase 2, then the applicant shall pay the fee established under the fee program prior to occupancy of Phase 2 as satisfaction of this mitigation measure. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 19: Amador Plaza Road/Dublin Boulevard -Vehicle Queues Through Phase 2 and Phase 3 Mitigation Measures: Implement MM TRANS – 1A and MM TRANS – 8. 27 Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 19b: Village Parkway / Dublin Boulevard -Vehicle Queues Through Phase 2 and Phase 3 Mitigation Measures: Implement MM TRANS – 1A and MM TRANS – 19b: The project applicant shall work with the City of Dublin to adjust signal timings subsequent to the completion of the Phase 2 and Phase 3 project to minimize the effects of vehicle queue spillback. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 19c: Dougherty Road / Dublin Boulevard -Vehicle Queues Through Phase 2 and Phase 3 Mitigation Measures: Implement Mitigation Measure TRANS – 1A and MM TRANS – 19c: The project applicant shall pay the TIF (which would satisfy its obligation for the Scarlett Drive extension) and work with the City of Dublin to adjust signal timings subsequent to the completion of the Phase 2 and Phase 3 project to minimize the effects of vehicle queue spillback. The applicant shall pay the costs for the adjustment of the signal timing. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no 28 feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 19d: Tassajara / Dublin Boulevard -Vehicle Queues Through Phase 2 and Phase 3 Implement MM TRANS – 11 and MM TRANS – 19d: The project applicant shall also work with the City of Dublin to adjust signal timings subsequent to the completion of the Phase 2 and Phase 3 project to minimize the effects of vehicle queue spillback. The applicant shall pay the costs for the adjustment of the signal timing. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 19e: Keegan Street / Dublin Boulevard -Vehicle Queues Through Phase 2 and Phase 3 Implement MM TRANS – 7c Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 19f: Lockhart Street / Dublin Boulevard -Vehicle Queues Through Phase 2 and Phase 3 Implement Mitigation Measure TRANS‐7d and Mitigation Measure TRANS‐15, which requires extending the existing dual westbound left‐turn lanes on Dublin Boulevard to Lockhart Street to provide an additional 100 feet of vehicle storage, for a total of 350 feet. Resulting Significance: Less than significant impact. 29 Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 19g: Fallon Road / Dublin Boulevard -Vehicle Queues Through Phase 2 and Phase 3 Implement MM TRANS – 3. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 20: Amador Plaza Road / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 7a and MM TRANS – 8. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rational for Finding: With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 22: Dougherty Road / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact. 30 Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 23: Scarlett Drive / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 24: Hacienda Drive / Dublin Boulevard under Cumulative Plus Project Conditions Mitigating Measures: Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. 31 Impact TRANS – 25: Tassajara Road / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 26: Santa Rita Road / I-580 Eastbound Ramps Mitigation Measures: Implement MM TRANS – 12. Resulting Significance: Under Caltrans and TVTC Standards – Less than Significant without mitigation Under City of Pleasanton Standards - Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. However, because implementation of this mitigation measure is not within the control of the City of Dublin, its implementation cannot be assured. Therefore, the impact will be considered significant and unavoidable. Rationale for Finding: Because implementation of this mitigation measure is not within the control of the City of Dublin, its implementation cannot be assured. Therefore, the impact will be considered significant and unavoidable. Impact TRANS – 27: Brannigan Street / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: 32 Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact under City of Dublin Standards. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhib it C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 28: Keegan Street / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A and MM TRANS – 7c. Resulting Significance: Significant unavoidable impact (City of Dublin); Less than significant impact (TVTC). Finding: For TVTC, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. For City of Dublin, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: For TVTC, with the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact.. For City of Dublin, with the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 29: Lockhart Street / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: 33 Implement MM TRANS – 1A and MM TRANS – 7c. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 30: Fallon Road / Dublin Boulevard under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 31: Jack London Boulevard/Isabel Avenue under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact under City of Livermore standards Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. 34 Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced. The City of Dublin cannot make the determination of whether the exemption under the City of Livermore General Plan applies. That decision is in the control of the City of Livermore, which is a separate agency from the City. Since the determination is in the control of another agency, the impact is significant and unavoidable. Impact TRANS – 33: Vehicle Queues under Cumulative Plus Project Conditions Mitigation Measures: Implement MM TRANS – 1A and other Mitigation Measures identified for Impacts 6a, 6b, 7a, 7b, 7c, 7d and 7e above. Resulting Significance: Significant unavoidable impact for certain impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 34: Site Access Vehicle Queues With Buildout Mitigation Measures: Carnmore Place/Future Project Driveway/Dublin Boulevard - MM TRANS – 34a: . Prior to the issuance of the first building permit for Phase 1B, the northbound approach at Carnmore Place/Future Project Driveway/Dublin Boulevard shall provide adequate storage capacity for northbound left turns. The plans shall be reviewed and approved by the City and incorporated into the proposed project. Keegan Street/Dublin Boulevard - Implement Mitigation Measure TRANS‐7c. Lockhart Street/Dublin Boulevard - Implement Mitigation Measure TRANS‐7d and Mitigation Measure TRANS‐15 Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. 35 Rationale for Finding: With the implementation of the mitigation measure, site access roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 35: The proposed project would generate new trips that would contribute to unacceptable operations on Interstate 580 Mitigation Measures: Implement MM TRANS – 1A. Resulting Significance: Significant unavoidable impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. Impact TRANS – 36: The proposed project would generate new trips that would contribute to unacceptable operations on Congestion Management Plan facilities Mitigation Measures: Implement Mitigation Measure TRANS – 1A and MM TRANS – 36: The project applicant shall contribute funding to roadway improvements through the payment of City of Dublin and Tri Valley regional traffic impact fees. Resulting Significance: Dublin Boulevard between Keegan and Fallon (2025) - Significant unavoidable impact. Dougherty Road between I‐580 and Dublin Boulevard (2025): - Less than significant impact with implementation of TDM Program under Mitigation Measure TRANS‐1. Isabel Avenue between Stanley Boulevard and Concannon Boulevard (2025) - Significant unavoidable impact. Vallecitos Road between I‐580 and Isabel Avenue (2025) - Less than significant impact with implementation of mitigation to pay regional traffic fee, which provides fair share payment for planned improvement of Vallecitos Road to two travel lanes in each direction. Dublin Boulevard between Camp Parks Blvd and Fallon Road (2040): -significant unavoidable impact. Dougherty Road between I‐580 and Dublin Boulevard (2040): Significant unavoidable impact. Isabel Avenue between Airway Boulevard and Jack London Boulevard (2040): Significant unavoidable impact. 36 Isabel Avenue between Stanley Boulevard and Concannon Boulevard (2040): Significant unavoidable impact. Finding: For significant and unavoidable impacts -Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. For less than significant impacts - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: For significant and unavoidable impacts -With the implementation of the mitigation measure, the impact will be reduced but the resulting impact will remain significant and unavoidable. For less than significant impacts - With the implementation of the mitigation measure, intersection or roadway operations would improve to acceptable conditions resulting in a less than significant impact. Impact TRANS – 38: The proposed project may create roadway safety hazards associated with design features Mitigation Measures: Implement MMs TRANS – 7c, TRANS – 7d, TRANS – 15, TRANS – 34b, and MM TRANS – 38a - Prior to issuance of building permits for Phase 1A, the project applicant shall prepare and submit plans to the City of Dublin that depict the internal roadway extending south from Dublin Boulevard/Lockhart Street as a 1-lane (each direction) facility south of the northern east-west roadway with turn pockets at parking area access locations. The approved plans shall be incorporated into the project. MM TRANS – 38b: Prior to issuance of building permits for Phase 2, the project applicant shall prepare and submit plans to the City of Dublin that limit or avoid the number of skewed intersections in the vicinity of the drop-off area and the parking lot to the south. The approved plans shall be incorporated into the project. MM TRANS – 38c: Prior to issuance of building permits for Phase 2, the project applicant shall prepare and submit plans to the City of Dublin that demonstrates that adequate truck access can be provided to the loading area. The approved plans shall be incorporated into the project. 37 Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, potential site access and circulation issues will be improved to acceptable conditions resulting in a less than significant impact. Impact TRANS – 40: The proposed project may conflict with plans and policies associated with public transit, bicycles, and pedestrians. Mitigation Measures: MM TRANS – 40a: Prior to completion of Phases 1A, 1B, 2, and 3, the project applicant shall coordinate with the City of Dublin and Livermore Amador Valley Transit Authority to review the adequacy of bus service in the project vicinity and inside the development. As part of this review process, service hours, service frequency, bus stop location and amenities, and related issues shall be evaluated with the objective of ensuring that transit service is accessible and convenient for project employees, patients, customers, and visitors. Service and facility improvements shall be implemented in conjunction with the opening of each phase as approved by the City and Livermore Amador Valley Transit Authority. MM TRANS – 40b: Prior to issuance of building permits for Phases 1A, 1B, 2, and 3, the project applicant shall prepare and submit plans to the City of Dublin depicting the following bicycle facilities and improvements. Note that the items listed below are intended only for new facilities developed within the project site; existing bicycle facilities would not need to be replaced. The approved plans shall be incorporated into the proposed project. • Off-street paths (Class I) or on-street bicycle lanes on internal roadways (Class II/III) within the project site • Short-term (bike racks) and long-term bicycle (lockers) parking facilities • Bicycle loop detectors at the modified Dublin Boulevard/Keegan Street and Dublin Boulevard/Lockhart Street intersections MM TRANS – 40c: Prior to issuance of building permits for Phases 1A, 1B, 2, and 3, the project applicant shall prepare and submit plans to the City of Dublin depicting the following pedestrian facilities and improvements. The approved plans shall be incorporated into the proposed project. • Provide passive detection of pedestrians at all signals serving the development access points. • Pedestrian facilities shall provide direct linkages between buildings, parking areas, plazas, and adjoining land uses. • Pedestrian facilities shall be physically separated from vehicular circulation where possible and the number of roadway pedestrian crossings shall be minimized. 38 • Roadway pedestrian crossings shall include safety features such as markings, signage, pavement treatments, or warning devices as appropriate. • Pedestrian facilities linking the bus stop(s) on Dublin Boulevard with project buildings shall include wayfinding signage and lighting. Resulting Significance: Less than significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: With the implementation of the mitigation measure, impacts on transit, bicycles and pedestrians would be reduced to a less than significant impact.