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HomeMy WebLinkAboutAttach 4 InitlStudy/MitigNegDecCITY OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us MITIGATED NEGATIVE DECLARATION ProjeCt Title: Tassajara Road and Fallon Road Ultimate Right-of-Way Alignment Description of Project: Establishment of an ultimate right-of-way alignment for the future widening of a portion of Tassajara Road to six (6) vehicle lanes and for the future construction of a portion of Fallon Road to include 4 (four) vehicle lanes within the Eastern Dublin planning area pursuant to Dublin Municipal Code Chapter 7.68. Project Location: For Tassajara Road, generally following the existing alignment of Tassajara Road from the Alameda County limit line to the north and the intersection of Tassajara Road and Shadow Hills Road to the south. Fallon Road will be constructed from the future intersection of Fallon Road and Tassajara Road to a point approximately 1,500 feet east of the intersection of Fallon Road and Tassajara Road. Name of Proponents: City of Dublin, Public Works Department Determination: I hereby find that although the above project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because revisions in the project have been made and incorporated into the project, and because a Mitigated Negative Declaration Will be adopted that mitigates any project-related impacts of this project to a level of insignificance through the adoption of mitigation measures and a Mitigation Monitoring Program. Melissa~"(~-rt~n, Public W'0~k~ Director Copies of the Initial Study documenting the reasons to support the above finding are available at the City of Dublin, Public Works Department, 100 Civic Plaza, Dublin, CA 94568, or by calling (925) 833- 6630. Attachments Date Published: ~/0 E./04- Date Posted: Date Notice Mailed: Considered by: On: N.O.D. filed: Council Resolution No. ATTACHMENT Area Code (925) · City Manager 833-6650 · City Council 833-6650 - Personnel 833-6605 · EconomiC Development 833-6650 Finance 833-6640 · Public Works/Engineering 833-6630 , Parks & Community Services 833-6645 · Police 833,6670 Planning/Code Enforcement 833-6610 · Building Inspection 833-6620 · Fire Prevention Bureau 833-6606 Printed on Recycled Paper Table of Contents Introduction ................................................................................................................... 2 Applicant/Contact Person ........................................................................................... 2 Project Location and Context ...................................................................................... 2 Project Description ........................................................................................................ 3 Environmental Factors Potentially Affected ............................................................. 15 Evaluation of Environmental Impacts ....................................................................... 17 Attachment to Initial Study ......................................................................................... 29 1. Aesthetics ....................................................................................................... 29 2. Agricultural Resources ................................................................................. 35 3. Air Quality ..................................................................................................... 35 4. Biological Resources ..................................................................................... 40 5. Cultural Resources ........................................................................................ 55 6. Geology and Soils .......................................................................................... 56 7. Hazards and Hazardous Materials ............................................................. 60 8. Hydrology and Water Quality .................................................................... 61 9. Land Use and Planning ................................................................................ 64 10. Mineral Resources ....................................................................................... 66 11. Noise ............................................................................................................. 66 12. Population and Housing ............................................................................ 68 13. Public Services ........................................................... : ................................. ?0 14. Recreation ..................................................................................................... ?1 15. Transportation / Traffic ............................................................................... 72 16. Utilities and Service Systems ..................................................................... 73 17. Mandatory Findings of Significance ........................................................ 74 Initial Study Preparers .................................................................................................. 76 Agendes and Organizations Consulted .................................................................... 76 References ....................................................................................................................... 76 City of Dublin Environmental Checklist/ Initial Study Introduction This Initial Study has been prepared in accordance 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. Applicant/Contact Person City of Dublin Public Works Department 100 Civic Plaza Dublin CA 94568 Attn: Michael Stella, P.E. Project Location and Context The project is located in the northern area of the City of Dublin and in the unincorporated portion of Alameda County, south of the Alameda/Contra Costa County line. It includes establishing a right-of-way alignment for both Tassajara Road and a portion of Fallon Road in accordance with Chapter 7.68 of the Dublin Munidpal Code. Adoption of these right-of-way alignments establishes a more precise locaQon f?r these roads, the general location of which have already been established in the City ot Dublin Eastern Dublin General Plan and Specific Plan. The adoption of this alignment satisfies Mitigation Measure 3.3/14.0 of the Eastern Dublin EIR. The alignment fadlitates the proposed widening of Tassajara Road, a major north-south roadway located between the 1-580 freeway and Contra Costa County, and fadlitates the completion the northern portion of Fallon Road, a proposed road just east of and intersecting Tassajara Road. Tassajara Road is an existing two,lane road that is proposed to be widened to six lanes (three each in a northbound and southbound direction) in its ultimate configuration. Fallon Road is planned to have four travel lanes, two in each direction. Exhibit 1 depicts the regional setting of Dublin and Exhibit 2 shows the location of the project in context with nearby features. The project area is located within the Eastern Dublin Specific Plan and General Plan planning area. Existing land uses adjacent to the project area include (from north to south) scattered single family dwellings along the both sides of Tassajara Road, a City of Dublin Page 2 Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment March 2004 firewood sales Iot, Quarry Lane School on the east side of TaSSajara Road and the Kobold landscaping yard south of Quarry Lane School. The Haight, Silveria Ranch, and Nielsen properties were recently annexed to the City of Dublin by LAFCO Resolution No. 2003-01-A, and entitlements for 254 multi-family and single famiIy homes were subsequently approved by the City of Dublin for the Haight and Silveria properties. The primary natural feature of the project area includes Tassajara Creek immediately west of the Tassajara Road. Two unnamed tributaries of Tassajara Creek presently, flow under the existing road from the east. These are identified in this Initial Study as the Northern Tributary and the Southern Tributary. Exhibit 3 is an aerial photograph of the p~roject area and Exhibit 4 shows photographs of existing site conditions along the right-or-way. Project Description Tassajara Road overview Exhibit 5 depicts the proposed ultimate alignment and widening of Tassajara Road and Fallon Road. The proposed project involves establishing an ultimate precise alignment for the future widening of Tassajara Road between the intersection of Tassajara Road and Shadow Hill Drive to the south (Sin. 145+89, as shown on Exhibit 5), then northerly to the proposed new intersection with Fallon Road (Sin. 182 +53 back, Sin 1+00 forward), then northerly to the Alameda County/Contra Costa County limit line (Sm 27+ 41). The alignment conforms to the previously established right-of-way _alig .nme,.,n.t for the southern segment of Tassajara Road adopted as Ordinance No. 20-99 by the City of Dublin. The ultimate configuration of Tassajara Road would include six travel lanes (three in each direction) as well as a landscaped center median, bicycle lanes, curb and gutter, sidewalks and parkways, traffic control devices, utilities, storm drain lines and landscaping. Improvements would connect to existing roadway improvements at the south end of the project area and will also connect with proposed improvements to the north, within Contra Costa County. Fallon Road overview The project would also include establishing an ultimate right-of-way width and alignment for aportion of Fallon Road, which would extend from the proposed intersection with Tassajara Road (Station 250+66) southeasterly to the southerly boundary of the Silveria Ranch property (Sin. 235 + 50). Fallon Road does not currently exist, although this roadway is a plarmed thoroughfare as shown in the Eastern Dublin General Plan and Specific Plan. Fallon Road is planned as a four-lane roadway (two lanes in each direction) as well as a landscaped center median, bicycle lanes, curb and gutter, sidewalks and parkways, traffic control devices, utilities, storm drains and landscaping, Improvements are proposed to connect with the propo~sed extension of Fallon Road through the Dublin Ranch property to the Silveria Ranch bou~ry as governed by an Improvement Agreement between the City of Dublin and Acquisitions LLC recorded as Series Number 2001058052. Fallon Road currently exists approximately 1700 feet south of the proposed Dublin Ranch extension. Following the establishment of ultimate rights-of-way for both roads, each road will eventually be widened and / or constructed Wlthin the approved right-of-way lines. In City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 3 March 2004 the interim period before the widening and/or construction Occurs, the Dublin Municipal Code prohibits construction of new buildings or structures or expansion of existing private facilities that presently lie within the ultimate rights-of-way for these two roads, once ultimate precise alignments are adopted by the City of Dublin. Exhibits 6a-k shown individual plats of proposed right-of-way acquisition of real property to accommodate road widenings. Exhibit 7 shows local property ownerships adjacent to the roadways. In addition to establishing ultimate precise roadway alignments, other key features of the proposed project would include: · Acquisition of rights-of-way from various property owners along both sides of existing Tassajara Road to allow for roadway widening as identified on Exhibits 6 a-k. An ultimate right-of-way of 128 feet is planned for Tassajara Road, pursuant to the Eastern Dublin Specific Plan. This is discussed further in Section 4.7, Land Use. A portion of the proposed Tassajara Road right-of-way would contain 122 feet, accounting for a separate multi-use trail adjacent to the road right-of way. · The proposed alignment of Tassajara Road would swing in an easterly direction from its present location to provide maximum protection for Tassajara Creek. The new alignment would include a four-way, signalized intersection with Fallon Road on the current Silveria Ranch property. · Acquisition of right-of-of-way to allow for the constr~, ction'of Fallon Road with an ultimate width of 110 feet, to include four vehicle travel lanes (two each direction), bicycle lanes on each side of the road, a landscaped median and parkways and sidewalks on each side of the road. · Construction of new curb, gutter and sidewalks adjacent to the widened Tassajara Road. Along a portion of the westerly side of the road, the sidewalk would be replaced by a multi-use trail that would generally parallel the road, but which would be located closer to Tassajara Creek, as allowed by the City's adopted Eastern Dublin Comprehensive Stream Restoration Program. · Grading of properties to the two roads to allow for planned improvements to be constructed. · Construction of new retaining walls of varying heights between the new alignment of Tassajara Road and Tassajara Creek to stabilize the creek bank. · Replacement of two existing culverts at the Northern and Southern Tributaries with two clear-span bridges over these watercourses. New storm drainage out_falls into Tassajara Creek would also be included at the two new bridges. In- stream improvements are also proposed within the Northern Tributary to provide a more gradual elevation change between the flow line of the Tributary and Tassajara Creek. This improvement is proposed to include grading of the creek bed and placement of cobble and boulders to ensure that the creekbed has a natural appearance. · Construction of a pedestrian and bicycle overcrossing over the proposed southbound free right-turn lane on Tassajara Road at the Fallon Road intersection. This would allow southbound traffic to move unimpeded through the intersection while eliminating potential conflicts with pedestrian and bicycle drculation. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 4 March 2004 Undergrounding and/or extension of existing utilities adjacent to or within the two roads. This would include undergrounding existing overhead electrical lines adjacent to Tassajara Road and construction of new potable water, recycled water, sewer and drainage lines within the right-of-way of Tassajara Road. New underground facilities would also be constructed within the right-of-way of Fallon Road. Phasing of improvements Construction of two additional travel lanes on Tassajara Road, for a total of four lanes, would occur as a result of land development within the City of Dublin along this corridor following approval of this environmental document and issuance of any other required regulatory permits. Construction of the final two lanes, resulting in an ultimate configuration of 6 travel lanes, would occur in the future and would be triggered by future planned growth to the north in the southerly portion of Contra Costa County. This last phase of Tassajara Road construction will be funded by fees collected pursuant to the Joint Exercise of Powers Agreement pertaining to Dublin-Contra Costa Fees by and between City of Dublin and Contra Costa County executed on June 1, 2000. Fallon Road is proposed to be constructed in two phases. The outer lanes would be constructed as part of development of the adjoining Haight/Silveria Ranch project. Inner lanes to complete the improvements would be constructed when warranted by traffic demands at a future date. Proposed funding Funding of the additional two travel lanes on Tassajara Roa~l (for a total of 4 lanes), is proposed to be partially financed by Traffic Impact Fees (TIF) paid to the City of Dublin by project developers in Eastern Dublin, although frontage improvements and any improvements not utilized in the ultimate 6-lane configuration would be financed directly by the developers. Working with adjacent land owners, the City of Dublin may also use other techniques to finance the proposed improvements to Tassajara Road and Fallon Road, including but not limited to benefit districts, assessment districts, reimbursement agreements and other methods of infrastructure finance. Ultimate construction of the final two travel lanes would be funded by traffic impact fees imposed and collected in Contra Costa County and provided to the City of Dublin for the improvement of Tassajara Road via the above-referenced agreement. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 5 March 2004 San Mill Valle~ San Francisco Richmond Half Moon Bay BerKeley San Mateo Redwood Martinez Palo Alto Walnut Creek Hayward Newark ;on¢ord DUBLIN Fremont Sunnyvale Santa Clara Livermore Pleasanton San Jose CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION N Exhibit 1 REGIONAL LOCATION 0 2 '~ S 8 10 rntles Fa/ton Ret, Haciencla Dr. rnold Roi. SOURCE: MacKay & Somps, 9-18-2002. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 3 AERIAL PHOTO All photos look North along road CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 4a SITE PHOTOS All photos look North along road CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 4b SITE PHOTOS TASSAJARA PRECISE CITY CITY OF ROAD AND FALLON ROAD ULTIMATE 'ALIGNMENT OF DUBLIN, ALAMEDA DUBLIN COUNTY, CALIFORNIA - CAPITAL IMPROVEMENT PROJECT NO. 96400 -j- · PN ess-ooo~-ms-oz t SHEET 2 PLAN ROBF. Aq'A S. MOLL.ER TRUST APN \ \ VIOINITY MAP SHEET INDEX SHEET NO. DESCRIP'IION WEST ~ EAST ~2' , · 44' · , ~8' ~'~4~/ , ~ ~' . ~ 12' LEGEND TA88AJARA RO,~D ..)Des s;cT~o, SHEET INDEX MAP DESCRIPTIO~N EXISTIN~ PRoPgR TY UA~' NOT TO SCA[~ gASEMENT UNE CURB LiNg WEST · l J EAST SOUTH NORTH aC E£~INNING OF CURVE Z ~ ~ ~ NOTES; ~ ;x~ ~ TA88AJ~A ROAD ~ ~ ~ 1 ~ ~ ~) I~ ~ TO P~ ~J ~ ~ V~ ~ ~ ~ 80UTH~N ~IBUTARY SECTION NORTON ~UTARY ~CTION ~NE ~ TA~A ~AD 'T~ 1" TO 'T~ 3" ~ N~12'~"E 10 ~m~ AT TAS~AJA~ ROAD {STA 148+00) AT TASaAJAR~ ROAD (STA 6~0) ~ ,o. ~ g~R~ RE~I~ B~ ~ ~D RO~ ~ ~L 15 ~T TO RO~. ~m~ ~ l ~'....~~ APN 985-0004-005-0 l O~ Gl:Al)lNG (TYP) ,..~-. TASSAJA! RIGHT ~. ~ .. :URB 12' ~ 12~ ~' ~ ABUTUENTS, CREEK / APN gB / / / ,~ /'"' APN 988-0004-005-01 __ ~1 ~ ~UUIT OF GRADNG (TYP) RIGHT OF WAY SA, 1. ADDITiONAL RIGHT-OF-WAY ~dAY BE R£OUIRED FOR '~URN LA~E..~ AND/OR IN ~M~ ~ ~E ~ DU~ ~RC ~ U~ D~T ~NG ~ PR~CT-~E~C ~C 40 ~ / / EkqSllN~O PROPERLY UNE / ~.,.,, \ ,~PN 985- Z LIN FINAL (T~) TA$SAJAF -o2 /' \ ',, \ \ \\\ \ DEPENDING \ I THE \ \ GRAPHIC SCALE 0 40 80 ( m ~'~) NOTE~ 1. ~J)D~llON. AL RIGHT-OF-WAY UAY BE R~(~(J{RE'D FO~ ~TdRN ~ ~D/~ S~A~ IN ~0~ ~ ~E ~ ~ ~E~ P~ UP~ D~NT ~ ~ A~ ~ ~ ~ ~ ~E ~S ~ I~U~A~ ~O MAY ~ -.{ <(:3=z <LuP- =o<:<, ~:<g ._1 _ 0 0 ~d~e NO.10 ~ / GRAPH/C SCALE UMIT OF STABIUZATION ~ J EX TOP ~ ~tLVA~, g 86--0004-00;~ ,, t 178+97.70 BE~N SAJARA Ri ~?%*xJ,~r6t. '~]H IH~. EA.gT 0~5%1N SPECb"IC PLAN UP{IN DEV~T OF ADJACENT LANDS. NJ. ~ POCkeTS ~10~&l ON ~ PLANS ARE ILLUSTRA'~V[, N'40 WAY CHANGE ~ ON PROJECT-EPECa:'IC 1RAFRC V~,,.U~ES. Z .d uJ 055 G~AP}IIC SCALE txJ Z .J EX SO UMIT OF A?N 985--0002--001 "-.,..~-CREEK SETBACK %'' \\.~ / 18+80.68 ROAD / U.,TOF TOP OF BA , (~) TW 120 Z 5 10 ~ 031055 TA 3: RO ~-U.~T OF C.AD~N~ RIGHT ' f/ , GRAPHIC SCALE o 4~ Bo 1~0 1. A0~]]ONAI_ RIGHT-OF-WAy UAY Bi[ REQU{~D FOR TURN ~ NJD/OR ~A~ ~JA~T ~ ~ ~ ~ ~ ~ ~ ~E ~S ~ I~A~ ~ MAY ~ ~O ~ PR~CT-~RC l~C ~[ ',~a ~o.10 "051055 z w FALl. ON'ROAD SI'LV, ERLA :PO~I",JC~, LLC A ?iN...: 985 =0002-008.02 .ii _.Z ; .... ~. ~,. ' . i APN 985,0002-008,-02 .... /~-LIMIT 0FGRADIN6 (TYP) /// '" , .. ///, '1.~ ~ . I . .............. '"'- .- ,.. o~O ~ , ' ~ ~' xlAI ER ~ GRAPHIC SC~ SJLVER~ ~NCH, LLC FALLON ROAD I APN 985-0OO2~.OO~8-O2'. :~ 2. A~ ~RN P~[~ ~O~ ~ ~E PLUS ARE IEUS~A~, ~D MAY ~AN~ Z ? lo ~-,sI SECTION A ~EO~ON 8 cZ t9+72 = ~ 0 SECTION C Z 20+ 72 Z SECTION D ~ 10 051055 ~2o ~ ~ .... ~o Z _ __ ~' ~ .... oz~ ..... , o TASSAJARA ROAD ........ ',' .... ~-' ........ TASSAJARA ROAD 051055 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 g+o0 10+00 11+00 12+00 1,.3+00 14.+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 27+00 28+00 TASSAJARA ROAD Z 2so+oo ~,~+00 2,~+00 2~7+00 2~+00 a~s+oo ~+00 2,~s+oo 2,~2+00 241+00 2,~0+00 2~9+00 ~s+oo 2s?+oo 2s5+00 2s~+oo 2~4+00 2ss+oo FALLON ROAD MATCH LINE SEE SHEET 2 17,114 R.O.W PER ORDINANCE NO. 20-99 I ! J I I 1(.3 ~ I_---J f,~ 0 ! ! LINE TABLE LINE BE4RING D/STANCE L2 N5`3'54'16"E 49.97' L$. N78'51 ',39"W ,31.29' LEGEND P.O.E3. POINT OF BEGINNING SQ.FT. SQUARE FEET NEW RIGHT OF WAY LINE EXISTING PROPERTY LINE CONTROL UNE R.O.W. RIGHT OF WAY R.O.W. PER TRACT 6925 DUBLIN RANCH SOURCE: Ruggeri-Jensen-Azar & Associates, 2-6-2004. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6a RIGHT-OF-WAY ACQUISITIONS MATCH LINE TABLE LINE BEARING D/STANCE L19 S00'$4'48"I¢ ,74.44' L20 S82'07'$1 "HI 1.707' 1_21 NOJ'24'16'E :74.74' 1_22 S55°01 '21 '1¢ ~ 22.,14' L2 S5~'54'~"~1 54.`12' O.. 34.44' N0`7'24' ~ 6 I I | P.O.B:~.~-S~82'07'31~ I NOT TO SCALE LEGEND P.O.B. (R) SO.FT. R.O.W. POINT OF BEGINNING ~I RADIAL i! SQUARE FEET NEW RIGHT OF WAY LINE EXISTING PROPERTY UNE CONTROL UNE RIGHT OF WAY MATCH UNI= j' soURCE: Ruggeri-.Jensen-Azar & Associates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6b RIGHT-OF-WAY ACQUISITIONS ! 0 Z MATCH LINE SEE SHEET 4 18 2?'£ 3J. 3~' R.O.~ CURVE 81LVERIA RANCH, LLC APN: 885 -0002-008-02 8ERIE8 NO, 08-447165 CURVE TABLE C7 RADIUS 1536.00' DELTA l '~8 'o5 LINE TABLE LINE BEARING D/STANCE L4 NO4'OO'20"E 10Z 15' L 17 S04'J6'46~/ 70.29' L 18 N85'JB'27"E 6. 44' LENGTH 4&29' R, O: l¢. i EASEI~ENT- N - LEGEND P.O.B. POINT OF BEGINNING SO.FT. SQUARE FEET -- -- NEW RIGHT OF WAY LINE EXISTING PROPERTY LINE CONTROL LINE R.O.W. RIGHT OF WAY SOURCE: Ruggeri-Jensen-Azar & Associates, 8-06-2003, CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6c RIGHT-OF-WAY ACQUISITIONS P.O.B. (R) gQ.FT. R.O.W. LEGEND BRAGG & 81LVA APN: ese -ooo4-oo~ POINT OF BEGINNING RADIAL SQUARE FEET NEW RIGHT OF WAY LINE EXISTING PROPERTY LINE CONTROL UNE RIGHT OF WAY ~RIES LINE TABLE LINE BEARING D/STANCE L5 S82'25'14"E 3. 74' LIS S85'25'14"E 3.00' SOURCE: Ruggeri-Jensen-Azar & Associates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6d RIGHT-OF-WAY ACQUISITIONS CURVE ¢1 CURVE TABLE RADIUS DELTA 767.00', LENGTH 119.15' 4 ~;~.2 31o087 ?//,,/l? ?/ x '/ LEGEND P.O.8, .~.~ (R) RADIAL /~// SQ,FT. SQUA~ ~o~mt~ ~,~ R. O.W. ~ OF WAY SOURCE: Rugged-Jensen-Azar & Associates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6e RIGHT-OF-WAY ACQUISITIONS LEGEND P.O.B. P.O.C. (R) SQ.FT. R.O.W. POINT OF BEGINNING POINT OF COMMF. NCEMENT NEW RIGHT OF WAY LINE EXlS'I1NG PROPERTY LINE CONTROL UNE RADIAL SQUARE FEET RIGHT OF WAY~ ~ LIN APN: 080 .0004-005'01 I 8E~IE8 NO. 82'001't6~,o RANCH. iLO L/NE' TABLE' UNE EF_,,4RIN~ DISTANCE L$ S56"38'5~ 32.22' 1.7 IVJJ"23'O l ~ 48.77' LI2 S~4"II'IS"W~R) 12.00' L1,7 N§7"21'I2"W $2.$~' L l'i N33'23'OI'E 18.,72' 7 1 '41 "E 121.78' (~ ~o 8F.E 81.1EET 10 62.10' N00'$4'01 "E 102.53' .~"',~ 81LVI=RIA RANCH. LLC ~'~'.~'.- . APN: eBB -000~"008-0~ 8~FI1~8 NO, g8-4471~ CURVE TABLE CURVE RADIUS DEL TA LENGTH 0£ 8.70.00' 2'20°$0 C3 1078.00' 7'46'31' 146.29' C4 237.00' t1'24"08" 47.16' C5 219.00' 0'55'54" .7.56' C6 219.00' 10'26'56" 39.94' SOURCE., Ruggeri-Jensen-Azar &Assoc/ates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6f RIGHT-OF-WAY ACQUISITIONS LEGEND P.O.B. POINT OF BEGINNING (R) RADIAL SQ.FT. SQUARE FEET --' --- NEW RIGHT OF WAY LINE EXISTING PROPERTY ENE .... CONTROL UNE R.O.W. RIGHT OF WAY LINE TABLE LINE-/ BE~ING DISTANCE L9 / S881~0'06~/ 28. 11' MOLLER TRU8T/ APN: e85 -0001-q01 8ERIE8 NO. SOURCE: Ruggeri-Jensen-Azar & Associates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6g RIGHT-OF-WAY ACQUISITIONS MATCH LINE 8EE SHEET LEGEND P.O.B. POINT OF BEGINNING (R) RADIAL SCl. FT. SClUARE FEET -- -- NEW RIGHT OF WAY LJNE EXISTING PROPERTY lINE ----- CONTROL UNE R.O.W. RIGHT OF WAY MATCH LINE SEE SHEET 7 MOLLER TRUST APN: 985 -0001-001 8ERIE8 NO. 87-0164806 SOURCE: Ruggeri-Jensen-Azar & Associates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6h RIGHT-OF-WAY ACQUISITIONS (~ ~4 ~s~) LINE TABLE LINE BEARING DISTANCE L 11 S07'47'163¢ .32.59' L 10 N23'58'Sg'~ 1,76.84' TIPPER APN: 886 -0004-001 8ERIE8 NO. 86-01~417 MOLLER TRUST APN: 885 -0001-001 8ERIE8 NO. 117-01,.64806 EXIS17NG R.O.I~. SHEET 8 LEGEND P.O.B. P.O.C. (R) SQ. FT. R.O.W. POINT OF BEGINNING POINT OF COMMENCEMENT RADIAL SQUARE FEET NEW RIGHT OF WAY LINE EXISTING RIGHT OF WAY LINE CONTROL LINE RIGHT OF WAY SOURCE: Ruggeri-Jensen-Azar & Associates, 8~06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6i RIGHT-OF-WAY ACQUISITIONS /% / 81LVERIA FIANOH, J:d~.C --',,// APN: 986 -O00t2.~008-~02 / / LEGEND / P.O.B. POI~IT OF BEGINNINO (R) RAplAL SO. FT. SC/UARE FEET --- -..- N~W RIGHT OF WAY UNE F~XISTING PROPERTY UNE CONTROL UNE R.O.W. #IGHT OF WAY I MATCH SEE BI'IL=ET 11 SOURCE: Rugger/-Jensen-Azar & Associates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6j RIGHT-OF-WAY ACQUISITIONS MATCH UNE SEE SHEET 10 LEGEND P.O.B. (R) SQ.FT. R.O.W. POINT OF BEGINNING RADIAL SQUARE FEET NEW RIGHT OF WAY UNE EXISTING PROPERTY LINE CONTROL UNE RIGHT OF WAY 81LVERIA RANCH. LLC APN: 985 -0002-008-02 8ERIE8 NO. 98-447166 Al=N: 885 -~0001-002 8ERIE8 NO. ~446181 SOURCE: Ruggeri-Jensen-Azar & Associates, 8-06-2003. CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 6k RIGHT-OF-WAY ACQUISITIONS MOLLER WALLIS RANCH (LIN) ~FREDRICH / BRAGG --~ SILVERIA / MISSION PEAK HOMES County Right-of-Way NIELSEN CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION SPERFSLAG '~ [---- EBRPD I QUARRY LANE SCHOOL (ARAC) KOBOLD SHEA HOMES/ MSSH DUBLIN DEVELOPMENT LLC. Exhibit 7 PROPERTY OWNERSHIP ::~ :~ ~ Project Site 0 300 600 r200 feet 1. Project description: Establishment of an ultimate right-of-way, future acquisition of additional fight-of-way and widening of Tassajara Road from two to four ~ravel lanes north of the existing City of Dublin limit line to the Alameda County-Contra Costa County line, with the eventual widening to six travel lanes plus additional turning lanes. Establishment of an ultimate right-of- way line and future acquisition of property for Fallon Road from the planned intersection of Tassajara Road and Fallon Road to a point approximately 1400 feet east. Other improvements include installation of new curb, gutters, sidewalks, bicycle lanes adjacent to the widened roads, utility extensions and undergrounding and installation of larger culverts under existing streams and drainage channels. 2. Lead agency: City of Dublin Public Works Department 100 Civic Plaza Dublin CA 94568 3. Contact person: Michael Stella, P.E. Senior Civil Engineer (925) 833 6630 4. Project location: Generally located along the existing alignment of Tassajara Road, south of the existing Alameda/Contra Costa County line and north of the intersection of Shadow Hills Drive and Tassajara Road in the Eastern Dublin area. 5. Project sponsor: City of Dublin 6. General Plan designation: County of Alameda: Agriculture City of Dublin: Residential (various densities) and Open Space 7. Zoning: County of Alameda (northerly portion): Agriculture & Rural Residential City of Dublin (southerly portion): Planned Development City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 13 March 2004 8. Public agency required approvals: Approval of Mitigated Negative Declaration (City of Dublin) Approval of Ultimate Precise Right-of-Way line for portions of Tassajara Road and Fallon Road (City of Dublin) Approval of Road Improvement Plans for portions of Tassajara Road and Fallon Road (City of Dublin) Approval of a 404 Nationwide Permit for new drainage outfalls into nearby creeks and drainage courses (Army Corps of Engineers) (probable) Approval of a Streambed Alteration Agreement for new bridges over Tassajara Creek drainage tributaries (California Department of Fish and Game) (probable) Approval by San Francisco Bay Regional Water Quality Control Board for improvements within creeks and drainage courses (probable) Notice of Intent to State Water Resources Control Board (probable) Consultation with U.S. Fish and Wildlife Service (probable) City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 14 March 2004 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. x x Aesthetics Biological Resources Hazards and Hazardous Materials Mineral Resources ' Public Services Utilities / Service Systems x Agricultural Resources Cultural Resources Hydrology / Water Noise Recreation Mandatory Findings of Significance Air Quality Geology / Soils Land Use/ Planning x Population/ Housing Transportation/ Circulation 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. X 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. I find that although the proposed project may have a significant effect on the env{ronment, but at least one effect 1) has been adequately a~alyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a "potentially significant impact" or "potentially significant ttnless mitigated." An Environmental Impact Report is required, but must only analyze the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 15 March 2004 avvlicable standards, and (b) have been avoided or mitigated pursuant to that earlier E~fl, including revisions or mitigation measures that are imposed on the proposed project. Signature: ~~ ~ (.7 (f Date: Printed Name: ~t~b.~, ~K~ { d t~ For: City of Dublin Initial Study/'l'assajara Road/Fallon Road Ultimate Precise Alignment Page 16 March 2004 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) 3) All answers must take account of the whole action, 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. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "potentially significant impact" entries when the detenYdnation is made, an EIR is required. 4) "Less Than Significant Unless Mitigation Incorporated" implies the incorporation o!,mitigation measures has red,~ced an effect from "potentially significant effect" to a less than significant impact. The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 17 March 2004 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 following the checklist. 1. Aesthetics. Would the project: a) Have a substantial adverse impact on a scenic vista? (Source: 2,9) b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 2,9) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 9) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Source: 9, 10) 2. Agricultural Resources Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as showing on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use? (Source: 2, 9) b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? (Source: 2, 9) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to a non-agricultural use? (Source: 2,9) 3. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). WouM the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source: 2) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 2) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact X X X X X X X X No Impact X City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 18 March 2004 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? (2) d) Expose sensitive receptors to substantial pollutant concentrations? (Source: 2, 10) e) Create objectionable odors? (Source: 2,9) 4. Biological Resources. Would the project a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source: 2, 4) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source: 2,4) c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? (Source: 2, 4) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source: 2, 4) e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? (Source: 2, 4) Potentially Significant. Impact Les~ Than Significant With Mitigation X X X Less than Significant Impact X X X No Impact X X City of Dublin Initial Studyfrassajara Road/Fallon Road Ultimate Precise Alignment Page 19 March 2004 f) Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? (Source: 1) 5. Cultural Resources. WouM the project a) Cause a substantial adverse impact in the significance of a historical resource as defined in Sec. 15064.5? (Source: 2, 5) b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5 (Source: 2, 5) c) Directly or indirectly destroy a unique paleontological resource or unique geologic feature? (Source: 2, 5) d) Disturb any human remains, including those interred outside of a formal cemetery? (Source: 2, 5) 6. Geology and Soils. WouM the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence of a known fault (Source: 2, 6) ii) Strong seismic ground shaking (2, 6) iii) Seismic-related ground failure, including liquefaction? (2, 6) iv) Landslides? (2, 6) b) Result in substantial soil erosion or the loss of topsoil? (2) 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- and off-site landslide, lateral spreading, subsidence, liquefaction or similar hazards (Source: 2, 6) d) Be located on expansive soil, as defined in Table 13-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source: 2, 6) Potentially Significant Impact Le~s Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X , X X X City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 20 March 2004 e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste? (Source: 7) 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 (Source: 2, 7) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous into the environment? (Source: 2,7) c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source: 2, 7) d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 2, 7) e) For a project located within an airport land use plan or, where such plan has not been adopted, would the project result in a safety hazard for people residing or working in the project area? (Source: 2, 7) f) For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Source: 2, 7) g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? (Source: 2, 10) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact X No Impact X X X X X X X City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 21 March 2004 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 7) 8. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? (Source: 2, 9) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Source: 2, 9) c) Substantially alter the existing drainage pattern of the site or area, including through the aeration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? (Source: 7, 8.9) d) Substantially alter the existing drainage pattern of the site or areas, including through the alteration of a course or 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: 7, 9) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Source: 7, 9) f) Otherwise substantially degrade water quality? (Source: 2) g) Place housing within a 100-year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? (Source: 7) Potentially Les-s Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation X X t X X X X X X City of Dublin Page 22 Initial StudYfrassajara Road/Fallon Road Ultimate Precise Alignment March 2004 h) Place within a 100-year flood hazard area structures which impede or redirect flood flows? (Source: 7) i) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? (2) j) Inundation by seiche, tsunami or mudflow? (2) 9. Land Use and Planning. WouM the project: a) Physically divide an established community? (Source: 1, 2, 70) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (1, 2, 7) 10. Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source: I, 2) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general Plan, specific plan or other land use plan? (Source: 1, 2) 11. Noise. WouM the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies? (Source: 2) b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? (Source: 2, 7) c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? (Source: 2, 70) Potentially Significant Impact Less Than Significant With Mitigation X Less than Significant Impact No Impact X X X X X X X X X X City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 23 March 2004 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? (Source:2) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels? (Source: 2) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Source: 2) 12. Population and Housing. Would the project a) Induce substantial population growth in an area, either directly or indirectly (for example, through extension of roads or other infrastructure)? (Source: 2, 10) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (10) c) Displace substantial numbers of people, necessitating the replacement of housing elsewhere? (Source: 10) 13. Public Services. WouM the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental 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: 2, 9) Fire protection Police protection Schools Parks Solid waste Potentially Significant Impact Less Than Significant With Mitigation X Less than Significant Impact X X No Impact X X X X X X X X Page24 City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment March 2004 14. Recreation: a) Would the project increase the use of existing neighborhood or regional facilities such that substantial physical deterioration of the facility would occur or be accelerated (Source: 2) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 2) 15. Transportation and Traffic. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? (2, 10) b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? (2) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (10) d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? (7, 10) e) Result in inadequate emergency access? (10) f) Result in inadequate parking capacity? (7) g) Conflict with adopted policies, plans or programs supporting alternative transportation (such as bus turnouts and bicycle facilities) Potentially Significant Impact Less Than Significant With Mitigation X Less than Significant Impact X No Impact X X X X X X City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 25 March 2004 16. Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (2) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (2, 10) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (8) d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or are new or expanded entitlements needed? (2, 8) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? (8) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (2) g) Comply with federal, state and local statutes and regulatons related to solid waste? (2) 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? Potentially Significant Impact LeSs Than Significant With Mitigation Less than Significant Impact X X X X No Impact X X X City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 26 March 2004 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact Sources used to determine potential environmental impacts 1. Eastern General Plan Amendment/Specific Plan 2. Eastern Dublin General Plan Amendment/Specific Plan EIR 3. Eastern Alameda County General Plan (ECAP) 4 Biological Resources Reconnaissance (LSA Associates) 5. Archeological/Cultural records Search (NWIC) 6. Geotechnical Report for Wallis Ranch (Berlogar) 7. Preliminary Improvement Plans for Proposed Project (City of Dublin) 8. Discussion with City staff or service provider 9. Site Visit 10. Other Source No Impact X X 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 1992 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. As part of the certification the Council adopted a Statement of Overriding Considerations for the following impacts: cumulative traffic, extension of certain community fadlities (natural gas, electric and telephone service), regional air quality, noise and visual. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 27 March 2004 The Eastern Dublin EIR contains a large number of mitigation measures that apply to this Project and that 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. 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 that were not evaluated in the Eastern Dublin EIR and that would require additional environmental review. City of Dublin Initial StudY/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 28 March 2004 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 Eastern Dublin Specific Plan and General Plan Amendment, adopted in 1994. The northerly portion of the project area is generally rural, with scattered low density, single-family dwellings on larger lots and agricultural accessory outbuildings. The southerly portion of the project area represents a transition to more urban uses, including the Quarry Lane School, located on the east side of Tassajara Road north of the intersection of Shadow Hill Drive. The existing alignment of Tassajara Road traverses a combination of flatter lands located on the westerly side of the road with rolling hills to the east, in the location of proposed Fallon Road. A number of mature oak trees and other tree species are growing at selected locations adjacent to both sides of the roadway. Passersby can glimpse views of Tassajara Creek and its associated riparian area immediately west of the road. Beyond Tassajara Creek to the west, mid-range to distant views are available of roiling foothills. Overhead utility lines on poles have been installed along the easterly edge of the road right-of-way, which cross the road for a short section along the west side at one of the curving sections of the road. As a largely undeveloped area, minimal light sources exist within and adjacent to the project area, primarily building and yard lights assodated with rural density residential development. The one major source of light within the project area is Quarry Lane School, recently constructed, that has a number of building and parking lot lights. Regulatory framework East County, Area Plan (ECAP) The largest portion of the project area lies outside the incorporated City of Dublin within the unincorporated area of Alameda County, although it is within the City's Sphere of Influence. AccordinglY, current land uses are governed by the East County Area Plan (ECAP), which contains the following goals and polities relatiVe to Sensitive Viewsheds. Goal: To protect unique visual resources and protect sensitive viewsheds. Polities 105-120: These polities deal with ridgeline protection (including ridgelines of Pleasanton, Main and Sunol west of Pleasanton; ridgelines of Schafer, Shell, Skyline, Oak and Divide ranges west of Dublin; ridgelines above Collier Canyon and Vasco Road and around Brushy Peak in North Livermore; ridgelines above. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 29 March 2004 vineyards in South Livermore; and ridgelines above Happy Valley south of Pleasanton), limitations on placement of new structures, provision of community separators, protection of mature trees, landscaping provisions, prescriptions on grading and alteration of landforms (refer to ECAP for the complete text of these policies). Alameda County 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 General Plan Element has been incorporated by reference into the City of Dublin General Plan. The Element contains the following principles that apply to scenic route rights-of-way: · Design scenic routes to minimize grading in rights-of-way; · Design scenic routes for leisurely rather than high speed travel; · Enhance scenic route rights-of-way through outstanding design of highway structures; · Landscape rights-of-way of existing and proposed routes; · Utilize scenic route identification signs. Eastern Dublin Spedfic Plan / General Plan Amendment The City of Dublin adopted the Eastern Dublin General Plan Amendment/Specific Plan (EDSP) in 1994 to guide the future development of approximately 7,200 acres of land in the eastern Dublin area. The Specific Plan Amendment/General 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. Key polities dealing with the aesthetic treatment of Tassajara Creek and other stream corridors i's as follows Policy 6-39: Tassajara Creek and other stream corridors, shown on Figure 4.1 of the EDSP, are visual features that have spedal scenic value for the planning area. The visual character of these corridors should be protected from unnecessary alteration or disturbance, and adjoining development should be sited to maintain visual access to the stream corridors. Program 60: The City should officially adopt Tassajara Road, 1-580 and Fallon Road as designated scenic corridors, adopt a set of scenic corridor polides and establish review procedures and standards for projects within the scenic corridor viewshed. The City of Dublin did adopt the Eastern Dublin Scenic Corridor Policies and Standards document in 1996 to fulfill this measure. Eastern Dublin General Plan Amendment/Specific Plan EIR In 1994, in conjunction with the Eastern Dublin General Plan Amendment and Spedfic Plan (EDSP), the City of Dublin adopted an Environmental Impact Report (herein City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 30 March 2004 referred to as the "Eastern Dublin EIR") that, among other CEQA-mandated topics, addressed Visual Resources (Section 3.8). Eastern Dublin EIR Impact IM3.8/J, Scenic Routes, identifies a potentially significant impact of altering the visual experience of travelers on scenic routes in Eastern Dublin. Formerly quiet rural roads wilI be transformed into major suburban thoroughfares carrying significant traffic loads. Foreground views of the site as well as distant views of the surrounding Tri-Valley may be partially or completely obstructed. Adherence to the following recommended mitigation measures are recommended in the Eastern Dublin EIR to reduce this impact to a level of insignificance: Mitigation Measure 3.8/8.0: Adherence to Action Program 6Q, discussed above. This has already been satisfied by the City of Dublin as noted above. Eastern Dublin EIR Impact 3.8/D identifies potentially significant impacts related to grading and excavation of building sites in hillside areas that would severely compromise the visual quality of the project site. The following measures are included in the Eastern Dublin EIR to reduce potential aesthetic impacts to a level of insignificance: Mitigation Measure 3.8/4.0: Visual impacts of extensive grading shalI be reduced by sensitive engineering design, by using gradual transitions from. graded areas to natural slopes and by revegetation. Mitigation Measure 3.8/4.1: A.Iterations of existing natural contours shall be minimized. Grading shall maintain the natural topography as much as possible, Grading beyond actual development areas shall be for remedial purposes only. M_itigation Measure 3.8/4.4: Graded slopes shall be re -contoured to resemble existing Iandforms in the immediate area. Cut and graded slopes shall be revegetated with native vegetation suitable to hillside environments. Mitigation Measure 3.8/4.5: The height of cut and fill slopes shall be minimized to the greatest degree possible. Grades for cut and fill slopes should be 3:1 or less wherever feasible. Eastern Dublin Scenic Corridor Policies and Standards In 1996, the City of Dublin adopted scenic polities and standards for the Eastern Dublin area, known as the Eastern Dublin Scenic Corridor Policies and Standards. The purpose of this document is to implement EDSP polices as related to individual development projects. The document identifies the Tassajara Creek Valley as a scenic corridor. Applicable polities and standards from this document include: Policy 6: Emphasize valley character by creating viewpoints and view corridors to knollk, foreground hills and to Tassajara Creek. Standard 6.1: Allow intermittent views from Tassajara Road to the hills, knolls and creek. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 31 March 2004 Standard 6.2: Where Tassajara Creek's intermittent branch crossed Tassajara Road, maintain views to the creek and riparian vegetation and to the open space to the east. Policy 7: Emphasize the semi-rural character of the area. Standard 7.1: Streetscape should reinforce semi-rural ambience. Project Impacts a) Have a substantial adverse impact on a scenic vista? LS. The Eastern Dublin EIR identifies that implementation of the Eastern Dublin Specific Plan would result in a potentially significant impact (Impact 3.8/I, Development on the project site 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 would reduce this impact to a less-than-significant impact. This measure requires the City to complete a visual assessment and guidelines for the eastern Dublin area. The required visual resources survey as required by Mitigation Measure 3.8/7.0 was completed in 1996 and was approved by the City of Dublin as the Eastern Dublin Scenic Corridor Policies and Standards. The proposed project would therefore comply with this Eastern Dublin EIR Mitigation Measure. The proposed road right-of-way project would not re.suit in the construction of substantial new above-ground structures that could block scenic vistas of nearby hills or Tassajara Creek from the existing road. Similarly, no existing designated scenic overlooks would be removed to allow for roadway widening nor would significant amounts of permanent open space identified in the Eastern Dublin Specific Plan be removed or impacted. Therefore, the proposed project would have less-than-significant impacts on scenic vistas. b) Substantially damage scenic resources, including state scenic highway? LS. Although Tassajara Road is identified as a scenic highway in both the Alameda County General Plan and the City of Dublin General Plan, it is not identified as a State Scenic Highway. 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 project area would result in a significant and irreversible impact to the portion of Tassajara Road near the northern portion of the project area. 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 road widening. Adherence to Mitigation Me asures 3.8 / 4.0, 3.8/4.1, 3:8 / 4.4, and 3.8/4.5 contained in the Eastern Dublin EIR would reduce potential substantial damage to scenic resources by the proposed widened roadway to a less-than- significant level. Fallon Road is not designated as a scenic highway by either the City of Dublin or Alameda County. The proposed project shall to comply with the above referenced Eastern Dublin EIR Mitigation Measures restated below. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 32 March 2004 c) Mitigation Measure 1. Visual impacts of extensive grading shall be reduced by sensitive engineering design, by using gradual transitions from graded areas to natural slopes and by revegetation. (Eastern Dublin EIR Mitigation Measure 3.8 / 4.0) Mitigation Measure 2. Alterations of existing natural contours shall be minimized. Grading shall maintain the natural topography as much as possible, Grading beyond actual development areas shall be for remedial purposes only. (Eastern Dublin EIR Mitigation Measure 3.8 / 4.1) Mitigation Measure 3. Graded slopes shall be re -contoured to resemble existing landforms in the immediate area. Cut and graded slopes shall be revegetated wi~h native vegetation suitable to hillside environments. (Eastern Dublin EIR Mitigation Measure 3.8 / 4.4) Mitigation Measure 4. The height of cut and fill slopes shall be minimized to the greatest degree possible. Grades for cut and fill slopes should be 3:1 or less wherever feasible. (Eastern Dublin EIR Mi~gation Measure 3.8/4.5) Substantially degrade existing visual character or the quality of the site? LS. The proposed project includes establishing an ultimate future right-of-way to allow the future widening of Tassajara Road and the construction of a portion of Fallon Road. Aesthetic impacts would include additional paving of undeveloped land adjacent to the existing road to create the widened roadway. The Eastern Dublin EIR addressed the following potential impacts related to visual and aesthetics impacts of adopting the Eastern Dublin Specific Plan, which includes the ultimate development of Tassajara Road as a 6-lane roadway and the future construction of Fallon Road for four lanes: 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..."), however the EIR concludes that even with adherence to this mitigation, alteration of rural and open space in the project area would remain a potentially significant impact, so no additional analysis of this impact is required in this Initial Study. A related impact identified in the Eastern Dublin EIR is Impact 3.8/F, alteration of the visual character of flatlands. Impact 3.8/F: Commerdal and residential development of the Project site's flatlands will completely alter the existing visual character resulting from valley grasses and agricultural fields. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 33 March 2004 d) A related impact would also be loss of trees adjacent to portions of the road to allow for the proposed widening. This impact is addressed in Section 4, Biological Resources. A third potential visual impact would be grading and recontouring of hillside areas adjacent to the existing roadway which would be required to create a fiat roadbed. Grading and recontouring of hillsides adjacent to Tassajara Road and Fallon Road may require the construction of retaining wails. The Eastern Dublin EIR includes the adopted mitigation measures identified and discussed in section "b," above related to grading and recontouring of property in Eastern Dublin. Adherence to the above mitigation measures as discussed in item "b" will reduce grading and related aesthetic impacts to adjacent hillside areas associated with the roadway widening to a less-than-significant level. Retaining walls near the widened roadway would likely require innovative design and engineering solutions to comply with adopted mitigation measures for reduction of potential visual impacts. No other impacts to scenic vistas are antidpated, since the project proposes no construction of above-ground structures. Existing overhead utility lines adjacent to Tassajara Road would be undergrounded as the road is widened which would result in a positive impact on local scenic qualities. Future utilities adjacent to Fallon Road would be undergrounded as part of project construction. The ultimate project will include a landscaped center median as well as landscaping within the right-of-way along the frontage of the adj3ining properties; the landscaping will be installed in phases dependent on the development of adjoining property. The design of future private streetscape plantings will be reviewed and approved by the City of Dublin to ensure that scenic qualities are maintained. Overall, with adherence to applicable eastern Dublin EIR Mitigation Measures as discussed above, project impacts on existing scenic qualities and vistas would be less-than-significant. Create light or glare? LS/M. A number of light sources presently exist within the project area and construction of the proposed project would add additional light sources in the form of streetlights along the widened road. Since properties adjacent to the project area are primarily rural, new light sources associated with the project could be a potentially significant impact. Adherence to the following measure will reduce light and glare impacts to a less-than-significant level: Mitigation Measure 5. Street lights installed as part of the road widening plan shall be equipped with cut-off lenses to prevent spill over of light beyond the roadway. Lighting levels shall be limited to the minimum level of illumination needs for safety purposes. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 34 March 2004 2. Agricultural Resources Environmental Setting The Eastern Dublin General Plan EIR identifies lands immediately east of Tassajara Road as "lands of locally important farmlands," and larger parcels adjacent to Tassajara Road, such as the Lin property (west of Tassajara Creek) and the Silveria property (east of Tassajara Road) have been used for cattle grazing and likely dry crop farming for a number of years. 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 ? LS. Implementation of the proposed project would convert a small portion of locally important farmland along the east side of the existing right-of-way to a public thoroughfare. Impact 3.1/D within the Eastern Dublin EIR identifies loss of farmland of local importance as an insignificant impact, since none of the lands found within the Eastern Dublin EIR project area are considered prime agricultural soils. Conversion of prime farmlands is therefore considered to be less-than-significant level. b) Conflict with existing zoning for agricultural use, or a WilIiamson Act contract? LS. On~ property immediately east of Tassajara Road, the Moiler property, is presently encumbered with a Williamson Act Agreement. Proposed future widening of Tassajara Road would encroach onto this property, however, the amount of property converted to roadway and appurtenances would be minor and less-than-significant. Alth,o, ugh presen,fl, y unincorporated properties adjacent to Tassajara Road are zoned 'Agriculture by Alameda County, the Agriculture zoning district would allow construction of a public road. 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 Liverrnore 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. The terrain of the Amador Valley influences both the climate and air pollution potential of the sub-regional air basin. As an inland, protected valley, the area has generally lighter winds and a higher frequency of calm conditions when compared to the greater Bay Area. The occurrence of episodes of high al:mospheric stability, known as inversion conditions, severely limits the ability of the atmosphere to disperse pollutants vertically. Inversions can be found during all seasons in the Bay Area, but are particularly City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 35 March 2004 prevalent in the summer months when they are present about 90% of the time in both morning and afternoon. According to the Bay Area Air Quality Management District, air pollution potential is high in the Livermore-Amador Valley, especially for ozone in the summer and fall. High temperatures increase the potential for ozone, and the valley not only traps locally generated pollutants but can be the receptor of ozone and ozone precursors from upwind portions of the greater Bay Area. Transport of pollutants also occurs between the Livermore Valley and the San Joaquin Valley to the east. During the winter, the sheltering effect of terrain and its inland location results in frequent surface-based inversions. Under these conditions pollutants such as carbon monoxide from automobiles and particulate matter generated by fireplaces and agricultural burning can become concentrated. Ambient air quality standards Both the U. S. Environmental Protection Agency and the. California Air Resources Board have established ambient air quality standards for common pollutants. These ambient air quality standards are levels of contaminants which represent safe levels that avoid specific adverse health effects associated with each pollutant. The ambient air quality standards cover what are called "criteria" pollutants because the health and other effects of each pollutant are described in criteria documents. The federal and California ambient air quality standards are summarized in Table 1 for importantpollutants. The federal and state ambient standards were developed independently with differing purposes and methods, although both federal and state standards are intended to avoid health-related effects. As a result, the federal and state standards differ in some cases. In general, the California state standards are more stringent. This is particularly true for ozone and PM~0. Table 1. Federal and State Ambient Air Quality Standards Pollutant Averaging Federal State Time Primary Standard Standard Ozone 1-Hour 0.12 PPM 0.09 PPM 8-Hour 0.08 PPM -- Carbon Monoxide 8-Hour 9 PPM 9.0 PPM 1-Hour 35 PPM 20.0 PPM Nitrogen Dioxide Annual Average 0.05 PPM -- 1-Hour - 0.25 PPM Sulfur Dioxide Annual Average 0.03 PPM -- 24-Hour 0.14 PPM 0.05 PPM 1-Hour -- 0.25 PPM City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 36 March 2004 PM~0 Annual Average 50 ug/m3 30 ug/m3 24-Hour 150 ug/m3 50 ug/m3 i PM2.s Annual 15 ug / m3 -- I 24-Hour i 65 ug / m3 -- PPM = Parts per Million _g/m3 = Micrograms per Cubic Meter Source: Bay Area Air Quality Management District The U.S. Environmental Protection Agency in 1997 adopted new national air quality standards for ground-level ozone and for fine Particulate Matter. The existing 1-hour ozone standard of 0.12 PPM will be phased out and replaced by an 8-hour standard of 0.08 PPM. New national standards for fine Particulate Matter (diameter 2.5 microns or less) have also been established for 24-hour and annual averaging periods. The current PM~0 standards were retained, but the method and form for determining compliance with the standards were revised. Implementation of the new ozone and Particulate Matter standards has been complicated by a lawsuit. On May 14, 1999, the Court of Appeals for the District of Columbia Circuit issued a derision ruling that the Clean Air Act as applied in setting the new public health standards for ozone and particulate matter, Was unconstitutional as an improper delegation of legislative authority to the Environmental Protection Agency. The derision has been appealed, but the legal status of the new standards will probably remain uncertain for some time. Ambient air quality The project is within the nine-county Bay Area Air Basin. The Bay Area Air Quality Management District (BAAQMD) operates a network of air quality monitoring sites in the region, including one in central Livermore on Old First Street. Table 2 shows a summary of air quality data for this monitoring site for the period 1995-1999. Data are shown for ozone, carbon monoxide, PM~0 and nitrogen dioxide. The number of days exceeding each standard are shown for each year. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 37 March 2004 Table 2. Air Quality Data for Livermore, 1995-1999 Pollutant Standard Days Exceeding Standard In: 1995 1996 1997 1998 1999 Ozone Federal 1-Hour 7 8 0 6 2 Ozone State 1-Hour 20 22. 3 21 14 Ozone Federal 8-Hour 11 10 0 10 5 Carbon State / Federal 0 0 0 0 0 Monoxide 8-Hour PM~0 State 24-Hour 6 6 12 12 18 PM~o Federal 24-Hour~ 0 0 0 0 0 Nitrogen State 1-Hour 0 0 0 0 0 Dioxide Source: Air Resources Board Aerometric Data Analysis and Management System (ADAM) Table 2 shows that concentrations of carbon monoxide and _nitrogen dioxide at the Livermore monitoring site meet State/Federal standards. Ozone concentrations exceed both the State and Federal standards, and exhibit wide variations from year-to-year related to meteorological conditions in the Tri-Valley area. Years where the summer months tend to be warmer than average tend to have higher average ozone concentrations while years with cooler than average temperatures tend to have lower average ozone concentrations. Levels of PM~0 at Livermore meet the Federal ambient standards, but exceed the more stringent State standard. Attainment status The federal Clean Air Act and the California Clean Air Act of 1988 require that the State Air Resources Board, based on air quality monitoring data, designate air basins within the state where the Federal or State ambient air quality standards are not met as "nonattainment areas." Because of the differences between the Federal and State standards, the designation of nonattainment areas is different under the Federal and State legislation. The Bay Area is currently a nonattainment area for the Federal 1-hour ozone standard. Under the California Clean Air Act, the Bay Area is a nonattainment area for ozone and PMm. To meet Federal Cie.an Air Act requirements, the District has adopted an Ozone Attainment Demonstration Plan. In addition, to meet California Clean Air Act requirements, the District has also adopted and updated a Clean Air Plan addressing City of Dublin Initial StudYFFassajara Road/Fallon Road Ultimate Precise Alignment Page 38 March 2004 the California ozone standard. The control strategy contained in these plans include new limits on emissions from industry, prohibitions on sources of hydrocarbons, regional transit and HOV programs, buy-back programs for older vehicles, and educational programs. The California Legislature, when it passed the California Clean Air Act in 1988, recognized the relative intractability of the PM~0 problem with respect to the state ambient standard and excluded it from the basic planning requirements of the Act. The Act did require the CARB to prepare a report to the Legislature regarding the prospect of achieving the State ambient air quality standard for PM~0. This report recommended a menu of actions, but did not recommend imposing a planning process similar to that for ozone or other pollutants for achievement of the standard within a certain period of time. Sensitive Receptors The Bay Area Air Quality Management District defines sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to located. These land uses include residences, schools playgrounds, child-care centers, retirement homes, convalescent homes, hospitals and medical clinics. One such sensitive receptor in the project vicinity is the Quarry Lane School, a private K-12 school, located on the east side of Tassajara Road. The school is in the process of expanding its campus. Project Impacts a) Would the project conflict or obstruct implementation of an air quality plan? NI. The proposed project would not conflict with the local Clean Air Plan adopted by the Bay Area Air Quality Management District, since no habitable development is proposed to occur that would generate either additional auto trips or land uses that would result in a greater number of automobile trips. The two roads (Tassajara Road and Fallon Road) have been included in the Eastern Dublin Spedfic Plan and General Plan Amendment and assodated air quality impacts have been addressed in Section 3.11 of the Eastern Dublin EIR, certified in 1993. Air quality impacts addressed in that EIR included Impact 3.11 / C (Mobile sources of Reactive Organic Gasses (ROG) and Nitrogen Oxide (NOX)) and Impact 3.11/D (Impact of carbon monoxide). The Eastern Dubhn EIR concluded that impacts related to ROG and NOX could not be mitigated to a less-than- significant level and would remain a significant impact. This impact was included in the City of Dublin's Statement of Overriding Considerations in adopting the Eastern Dublin EIR. No additional analysis of this issue is therefore required. If this project were to be approved, a Statement of Overriding Considerations would need to be adopted by the City of Dublin. b) Would the project violate any air quality standards? LS. Air quality impacts of buLldout of the Eastern Dublin Specific Plan were addressed in the Eastern Dublin EIR. Specifically, Impact 3.11/A assessed dust generated by construction activities, Impact3.11/B addressed vehicle emissions from construction vehicles, Impact 3.11/C dealt with Reactive Organic Gas and Nitrogen Oxide emission and Impact 3.11/D addressed carbon monoxide emission from new project-related traffic. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 39 March 2004 c) d,e) The Eastern Dublin EIR identified the following mitigation measures to reduce potentially significant air quality impacts to a less-than-significant level. These mitigations also apply to this proposed project. Mitigation Measure 6. Future precise road improvement plans and specifications shall include comprehensive dust control measures for all construction projects, including but not limited to watering of construction sites, daily clean up of dust and mud, revegetation of graded areas and similar steps. (EDSP EIR Mitigation Measure 3.11 / 1.0) Mitigation Measures 7. Future precise road improvement plans and specifications shall include scheduling of construction of activities during non- peak traffic times, installation of emission controls on construction vehicles and similar steps. (EDSP EIR Mitigation Measures 3.11/2.0-4.0) With adherence to mitigation measures contained in the Eastern Dublin El[R, impacts related to air quality standards would be less-than-significant. 'Would the project result in cumulatively considerable air pollutants ? NI. The proposed project would not generate additional automobile trips or land uses that would induce additional auto trips within Dublin that have not already been analyzed in the Eastern Dublin EIR. The project would also not involve any manufacturing or processing that would generate air pollutants. No impacts are therefore anticipated. Expose sensitive receptors to significant pollutant concentrations or create objectionable odors ? LS. One school (Quarry Lane School) and limited, Iow-density residential uses have been constructed adjacent to Tassajara Road. No other sensitive receptors exist in the immediate vicinity. Future levels of air pollutants in the project vicinity have been addressed in the Eastern Dublin EIR, which will be less- than-significant. Since the proposed project does not include manufacturing uses, no objectionable odors would be created. 4. Biological Resources (Note: the following section is largely based on a biological reconnaissance of the project site by LSA Assodates, which is attached to this Initial Study.) Environmental Setting Large portions of the Tassajara Road widening project site were graded over 30 years ago for the existing Tassajara Road roadway. Grading included removing maferial from high ground areas to lower them and the placement of fill in low areas forming a relatively level strip of roadway that was paved to a width of approximately 25 feet. The portions of the right-of-way that are graded, but not paved, as well as the adjacent ungraded portions of the site, have been disturbed by road construction and maintenance, livestock grazing, and the placement of spoils material. These City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 40 March 2004 undeveloped areas support, for the most part, ruderal and non-native grassland plant species Vegetation and habitats Vegetation in the portions of the road widening area that have not previously been disturbed is a mix of ruderal and non-native grassland. Two tributaries to Tassajara Creek cross the road widening project area and contain riparian vegetation. Non-native grassland and ruderal plant communities. The project site passes through several privately held parcels of land, each showing varying degrees of disturbance. Most of the lands on these parcels have been fenced to contain livestock. The renting is in various stages of decay, removal, or replacement. Grazing intensity varies from heavy to light. The historic grazing on these lands has fostered the removal of native grasses and forbs that have been replaced by introduced annual grasses and introduced annual forbs. The majority of the undeveloped portions of the project area are dominated by introduced annual grass spedes including wild oats (Avena sp), ripgut brome (Bromus diandrus), and foxtail barley (Hordeurn murinum). A number of ruderal introduced weed species, such as yellow-star thistle (Centaurea solstitiaIis), Russian thistle (Salsola tragus) and bindweed (Convolvulus arvensis), are also present in this vegetation type. The proportion of ruderal plants to non-native grasses in the activity area appeared to be evenly divided. Along both sides of the existing roadbed area, there is a small strip, of land located between the paved roadway and the fenced private lands. This strip was originally disturbed during road grading and includes areas that were cut or filled to level the roadway. This strip appears to be fallow although there was evidence that it is occasionally sprayed to control weeds. The original and conQnued disturbance, combined with the exclusion of livestock, has again favored weedy species of non- native grasses and ruderal vegetation. Tall ruderal spedes such as Italian thistle (Carduus pycnocephalus) and black mustard (Brassica nigra) dominated the vegetation in this strip. The lack of grazing has also permi~ed several trees such as valley oak (Quercus lobata) and almond (Prunus dulcis) to establish. Many of these trees are located immediately adjacent to the existing roadway. One portion of private land in the project area on the we_st side of Tassajara Road has been used to stockpile spoils material. The elevation of this site has been raised two to four feet and the spoils material has covered the original vegetation growing on the site. Ruderal plant species similar to those mentioned above dominate this site. Riparian habitats. Two tributaries to Tassajara Creek cross the project site. The northern most tributary is located approximately a quarter of a mile south of the Contra Costa/Alameda county line. The upstream portion of this tributary, east of Tassajara Road, has been slightly downcut so that the banks are steeply rounded and approximately 10 feet high. Valley oaks and willows (Salix sp,) grow along the banks and at the edge of the channel, which was dry at the time of the site visit. The tributary enters a culvert to cross under Tassajara Road. The portion of the tributary downstream of (to the west of) the road has been severely eroded and has become deeply incised. Banks in this area are very steep extending 20 to 30 feet above the channel bottom. A City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 41 March 2004 few small willows were observed growing around a small earthen pooI in the channel bottom, otherwise the banks are largely barren. The southern most tributary was also dry, but densely vegetated with riparian tree species. Trees observed included numerous valley oak, willows, and cottonwood (Populus fremontii). Tassajara Road is elevated over the creek which flows beneath the road in a culvert. Wildlife values. Wildlife associated with the Tassajara Road project site are species such as ground squirrel (Spermophilus beecheyi), black-tailed hare (Lepus californicus) and morning dove (Zenaida macroura) adapted to dry grassland conditions and generalist species such as Brewer's blackbird (Euphagus cyanocephalus), coyote (Canis latrans), western fence lizard (Sceloporus occidentalis), and racoon (Procyon Iotor), that can use a variety of habitat types including disturbed grassland and ruderal areas. A nest typical of those constructed by a small raptor was observed in one of the valley oaks along the existing roadway. No other stick nests were observed. Several raptor species are likely to perch in the on-site or adjacent trees. A red-tailed hawk (Buteo jamaicensis) nest is present just outside the project area to the west in a eucalyptus. Many species of raptor forage over the site. Aquatic and semi-aquatic spedes such as mosquito fish (Gambusia affinis), California roach (Lavinia symmetricus), and western pond turtle (Clemmys ma~morata), are likely to occur in and along the tributaries to Tassajara Creek when a~.d where water is present. Many species will use riparian corridors as movement corridors Sensitive habitats The CaLifornia Natural Diversity Data Base (CNDDB) reports seven sensitive habitats in the general Dublin/Livermore area; alkali meadow, alkali seep, cis-montane alkali marsh,, sycamore alluvial woodland, valley needlegrass grassland, and valley sink scrub. None of these sensitive habitats occur within the Tassajara Road area. The parcel of land located west of Tassajara Road and immediately north of the southern most tributary (Wallis Ranch) may support plants similar to those in alkali meadows. The portions of the parcel in the project site do not meet the criteria for this vegetation type. None of the other habitats have been reported from or were observed nearby. The two IMbutaries to Tassajara Creek that cross the project area appear to meet the definition of jurisdictional waters of the United states. No other potential waters or wetlands were observed on the project site. The approximate jurisdictional area is 9,000 square feet (0.21 acres), all of which is located in the two tributaries. Plant Spedes. Table 3 presents a list of nineteen spedal-status plant species considered potentially occurring in the Livermore/Amador Valley vidnity. Fifteen of the spedes on this list were eliminated from consideration because the necessary habitats that support them were absent from the project area (Tibor, 2000). Possible habitat for caper- fruited tropidocarpum is present. However, the extent of habitat disturbance on the project site, and the fact that this spedes is considered extinct, make its presence so unlikely that it has also been eliminated from consideration. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 42 March 2004 Habitats in the Tassajara Road project site are suitable for big tarplant, San Joaquin spearscale and Congdon's tarplant. The ruderal/non-native grassland located in the undeveloped portions of the site would be considered marginal habitat for these three species. These species were identifiable at the time of the surveys and big tarplant and San Joaquin spearscale were not observed. These two species should be considered unlikely to occur on the site. Congdon's tarplant was observed on the site in a heavily grazed field on the west side of Tassajara Road, just north of the southernmost tributary to Tassajara Creek (Wallis Ranch). Several additional populations were observed in the same field outside of the project area. A small number of Congdon's tarplants (5 or 6) were also observed on the east side of the project at the Silveria Ranch Property. Wildlife Species Table 4 presents a list of nineteen spedal-status wildlife species considered to potentially occur in the Livermore/Amador Valley. Twelve of the species on the list were eliminated from consideration because suitable habitat for them is not present on the site. California homed lark was considered but eliminated as well. California homed Iark will nest in short-grass grasslands similar to those present within the road widening project area, but prefer undisturbed sites with greater amounts of suitable habitat present. The project site grasslands are located within several yards of Tassajara Road and California homed larks are also unlikely to nest this dose to the road. California tiger salamanders live in rodent burrows or other retreat sites located in grassland habitats. They breed in seasonal ponds and vernal pools. The grasslands within the project boundaries represents suitable habitat for_adult California tiger salamanders and burrows suitable for use by this species were observed in several locations along the project alignment. The species is known to breed in ponds in this area of East Dublin. California tiger salamander may live in burrows located in the grasslands along the road corridor or cross the project site while migrating. California red-legged frog and western pond turtle occur in creek habitats similar to those present in the tributaries to Tassajara Creek. Both spedes have been observed in Tassajara Creek immediately west of the road corridor and California red-legged frog has been reported from upstream locations in both of the two tributaries that cross the project site. The presence of the roadway, and its assodated traffic, within the project right of way severely reduces the suitability of the upland communities as potential upland habitat, nesting habitat, or migration corridors for these two spedes. California red-legged frog and western pond turtle are likely to use or occupy the sections of the tributaries to Tassajara Creek within the Tassajara Road Widening project site. San Francisco dusky-footed woodrats build stick nests in scrub and forest communities including riparian forests. The dense riparian vegetation located along the southern tributary to Tassajara Creek appears suitable for the San Francisco dusky-footed woodrat. No woodrat nests were observed in the southern tributary riparian vegetation during our site visits. The species is unlikely to be effected by the Tassajara Road Widening project. Suitable nesting habitat is present for white-tailed kite and other nesting raptors. One nest typical of those constructed by smaller sized raptors, such as a kite, was observed City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 43 March 2004 in one of the taller trees along the existing roadway. White-tailed kite or other species of raptor could nest within the project area. Western burrowing owls forage in grassland and ruderal habitats like those along the road widening project area. This species occupies ground squirrel burrows in these habitats. Numerous ground squirrel burrows suitable for use by burrowing owl were observed within the road corridor. These burrows provide suitable habitat for burrowing owl and the presence of this species cannot be ruled out. Bats including pallid bat and Townsend's big-eared bat are known to roost under bridges and in large culverts. The southern tributary culvert may provide suitable habitat for colonies of roosting bats. Several surveys for San Joaquin kit fox have been conducted in the project area. No kit fox or sign of kit fox presence has been detected during these surveys and there are no verified incidental observations of kit fox from the East Dublin area. The likelihood of their presence within the road corridor is very low. The U.S. Fish and Wildlife Service considers the location of the road corridor to be suitable kit fox habitat and potentially occupied by the species. Regulatory framework Federal Endangered Species Act. The federal Endangered Spedes Act (FESA) protects listed species from harm or a "take" which is broadly defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. Take can also include habitat modification or degradation that results in death or injury to a listed species. An activity can be defined as take even if it is unintentional or accidental. Listed plant species are provided less protection than listed wildlife species. Listed plant species are legally protected from take under FESA if they occur on federal lands or if the project requires a federal action, such as a wetland fill permit. The U.S. Fish and Wildlife Service (USFWS) has jurisdiction over federally-listed threatened and endangered species under the FESA. The USFWS also maintains lists of proposed and candidate species that are not legally protected under the FESA, but which may become listed in the near future and are often included in their review of a project. California Endangered Species Act. The California Endangered Species Act (CESA) prohibits the take of any plant or animal listed or proposed for listing as rare (plants only), threatened, or endangered. In accordance with the CESA, California Department of Fish and Game (CDFG) has jurisdiction over state-listed species (California Fish and Game Code 2070). Additionally, the CDFG maintains lists of "species of special concern" that are defined as species that appear to be vulnerable to extinction because of declining populations, limited ranges, and/or continuing threats. California Environmental Ouality Act. Section 15380(b) of the California Environmental Quality Act (CEQA) Guidelines provides that a species not listed on the federal or state lists of protected species may be considered rare or endangered if the species can be shown to meet certain specified criteria. These criteria have been modeled after the definitions in FESA and CESA and the section of the California Fish and Game Code City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 44 March 2004 dealing with rare or endangered plants or animals. This section was induded in the guidelines primarily to deal with situations in which a public agency is reviewing a project that may have a significant effect on a spedes that has not yet been listed by either the USFWS or CDFG, Clean Water Act. Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (Corps) is responsible for regulating the discharge of fill material into waters of the United States. Waters of the U.S. and their lateral limits are defined in 33 CFR Part 328.3 (a) and include streams that are tributary to navigable waters and their adjacent wetlands. Wetlands that are not adjacent to waters of the U.S. are termed "isolated wetlands" and, depending on the circumstances, may also be subject to Corps jurisdiction. In general, a Corps permit must be obtained before placing fill in wetlands or other waters of the U.S. The type of permit depends on the acreage involved and the purpose of the proposed fill. Minor amounts of fill can be covered by a Nationwide Permit. An Indivtdual Permit ts reqmred for projects that result tn more than a mammal ~mpac on jurisdictional areas. Individual Permits require evidence that jurisdictional fill has been avoided to the extent possible and a review of the project by the public. California Water Quality, and Waterbody Regulatory. Programs. Pursuant to Section 401 of the federal Clean Water Act, projects that are regulated by the Corps must obtain water quality certification from the Regional Water Quality Control Board (RWQCB). This certification ensures that the project will uphold state water quality standards. The RWQCB may impose mitigation requirements even if the Corps does not. The CDFG exerts jurisdiction over the bed and banks of watercourses and water bodies according to provisions of Section 1601 to 1603 of the Fish and Game Code. The Fish and Game Code requires a Streambed Alteration Permit for the fill or removal of material within the bed and banks of a watercourse or waterbody. Other Statutes, Codes, and Policies. The federal Migratory Bird Treaty Act (16 U.S.C., Sec. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. Most native bird spedes on the project site are covered by this Act. The California Native Plant Society (CNPS), a non-governmental conservation organization, has developed lists of special status plant species of concern in California (Tibor 2001). Vascular plants included on these lists are defined as follows: List lA List lB List 2 List 3 List 4 Plants considered extinct. Plants rare, threatened, or endangered in California and elsewhere. Plants rare, threatened, or endangered in California but more common elsewhere. Plants about which more information is needed - review list. Plants of limited distribution - watch list. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 45 March 2004 Although the CNPS is not a regulatory agency and plants onthese lists have no formal regulatory protection, plants appearing on List lB or List 2 are, in general, considered to meet CEQA's Section 15380 criteria and adverse effects to these species are considered "significant." Eastern Dublin General Plan Amendment/Specific Plan EIR. The City's Eastern Dublin General Plan Amendment/Specific Plan identifies a number of impacts related to the adoption and implementation of the Eastern Dublin General Plan Amendment and Specific Plan. These include: Impact 3.7/A: Direct Habitat Loss, including loss, degradation or disturbance of up to 3,700 acres of existing vegetation, which will reduce the habitat and range for botanical and wildlife species on the site or which migrate through the site. Impact 3.7/B: Indirect Loss of Vegetation Removal, including increased soil and erosion and sedimentation, slope failure potential and alteration of drainage patterns. Impact 3.7/C: Loss or Degradation of Botanically Sensitive Habitat area. Impacts 3.7/D-I: Impacts to San Joaquin Kit Fox, Bald eagle, peregrine falcon and Alameda whipsnake, red-legged frog, California tiger salamander, western pond turtle, tri-colored blackbird, Impacts 3.7/J-L: Impacts To Golden Eagle. Impacts 3/7/M-S: Impacts to burrowing owl, American badger, prairie falcon, southern harrier, black-shouldered kite, sharp-shinned hawk, Cooper's hawk, short-eared owl, California horned lizard and spedaI-status invertebrates. The Eastern Dublin EIR also includes a wide range of mitigation measures to reduce impacts of the project on biological resources to a less of less-than-significance. 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, specifically to ensure that Tassajara Creek restoration policies and programs are fully implemented. Project Impacts a) Have a substantial adverse impact on a candidate, sensitive, or special-status species ? LS/M. The proposed widening of Tassajara Road would result in loss of approximately 10.5 acres of non-native ruderal and grassland plant communities. These communities occur on the site as the result of historical disturbance and livestock grazing that allowed introduced non-native plants to colonize and displace the native plant species that existed here. These non-native habitats are presently common throughout the State of California. The loss of non-native City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 46 March 2004 grassland as a community in the East Dublin area would be considered less-than- significant. The proposed roadway widening project could result in potentially significant impacts to populations of the following sensitive animal species: San Joaquin kit fox, California tiger salamander, California red-legged frog, western pond turtle, roosting bats, burrowing owl, and raptors nesting in trees on and adjacent to the project site. Potentially significant impacts could also result to Congdon's tarplant, a special-status plant species These potential impacts will require mitigation to reduce their level to a less-than-significant level as identified below. Burrowing owl, California tiger salamander and San Toaquin kit fox impacts: The project would result in the removal of approximately 10.5 acres of grassland habitat for western burrowing owl, California tiger salamander and San Joaquin kit fox. Construction activity could result the removal or disturbance of occupied burrows. Adherence to the following two mitigation measures will reduce this impact to a less-than-significant level: Mitigation Measure 8. Pre-construction surveys to determine if western burrowing owl, are present within the area of disturbance of the road widening should be conducted by a qualified biologist no more than 30 days prior to the initiation of any construction related activities. If burrowing owls are observed on or near the project site during these surveys, the project will implement an exclusion zone around the nest location. Exclusion zones should be 160 feet during the non-breeding season of September 1-January 31. Passive relocation of owls that includes the placement of one-way doors over burrow entrances, allowing owls to exit but not return, may be used at that time. During the breeding season of February 1-August 31, exclusion zones should be at least 250 feet from occupied burrows. All project related activity will occur outside of the exclusion area until the young have fledged (California Department of Fish and Game, 1995). If owls are detected breeding within the construction zone, 6.5 acres of burrowing owl habitat shall be preserved for each active nest detected. The location of the preserved habitat shall be determined in consultation with the CDFG. To the fullest extent possible, mitigation areas shall be located on the adjoining property where owl habitat is identified. Mitigation Measure 9. Surveys to determine if California tiger salamander are present within the area of disturbance of the road widening should be conducted by a qualified biologist. These surveys should be conducted in accordance with the protocols outlined by the CDFG. If California tiger salamanders are determined to be present, the project will implement a salvage program. The salvage program will include placement of fencing to prevent movement of salamanders into the project site and trapping in the project area to capture salamanders for relocation to off-site locations by a qualified biologist who possesses necessary collection permits an such collection is done in conformance with methods described in the City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 47 March 2004 USFWS/DFG Interim Guidance on Conducting Site Assessments and Field Surveys for Determining Presence of the California Tiger Salamander. The project shall replace California tiger salamander habitat at a 1:1 (mitigation area: impact area) replacement ratio. All replacement mitigation acreage must be protected in perpetuity by designation as permanent open space with a conservation easement placed over it. The location of the preserved habitat will require the approval of the CDFG. CDFG approved mitigation habitat must be secured prior to construction of the road widening. To the fullest extent possible, mitigation areas shall be located on the adjoirdng property where tiger salamander habitat is identified. Mitigation Measure 10. Preconstruction surveys for the presence of San Joaquin kit fox shall be completed as required by the Eastern Dublin Specific Plan EIR. If San Joaquin kit fox are observed on or near the project site during these surveys, consultation with the U.S. Fish and Wildlife Service will be initiated and the project will incorporate the Terms and Conditions contained in the Biological Opinion. Mitigation Measures 3.7/18.0 through 19.0 as set forth in the Eastern Dublin EIR shall also be implemented. A summary of the Mitigation Measures identified in Mitigation Measure 10 includes: Eastern Dublin EIR Mitigation Measure 3.7/18.0: A United States Fish and Wildlife Service Section 7 Consultation may be req_uired regarding kit fox. Eastern Dublin EIR Mitigation Measure 3.7/18.1: The City of Dublin shall work with other agencies to develop a management Plan that identifies measures to protect viable habitat for kit fox in the Tri-Valley area. Eastern Dublin EIR Mitigation Measure 3.7/19.0: Limitations on use of herbicides and pesticides within the Eastern Dublin project area to minimize impacts on wildlife. Impact to California red-legged frog and western pond turtle: Culvert removal and bridge construction over the two tributaries could result in the removal or disturbance of California red-legged frog and western pond turtle living within the construction area. These impacts will require the Corps of Engineers to enter into a Section 7 Endangered Species Act consultation with the USFWS as part of the Corps permit process. Adherence to Mitigation Measure 11 will mitigate for impacts to aquatic habitats for California red-legged frog and western pond turtle. The replacement of the existing culverts with bridges will increase red-legged frog habitat and pond turtle habitat and remove barriers to their movement. Adherence to Mitigation Measure 11 will reduce potential impacts to red-legged frog and western pond turtle to a less-than-significant level. Mitigation Measure 11. Measures shall be implemented to ensure California red-legged frogs and western pond turtle are not present within the City of Dublin initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 48 March 2004 disturbance area during development. Any project related work in the tributaries or adjacent to the "ox-bow" section of Tassajara Creek shall be restricted to the period when these features are dry (usually from mid- summer through October). A USFWS and CDFG approved biologist shall conduct pre-construction surveys to determine if California red-legged frog or western pond turtle are present within these areas within three days prior to initiation of construction activities. If any red-legged frogs are found, the biologist shall contact the USFWS to determine if moving them is appropriate. Immediately following the preconstruction survey, all portions of the project site proposed for grading shall be separated from open space areas by fencing appropriate to prevent California red-legged frogs and western pond turtle from entering the development area. A second survey shall be conducted within the fenced area no earlier than 24 hours before the onset of activities to ensure no California red-legged frogs or pond turtles are entrapped in the construction area by the fence. Any western pond turtles found within this area will be captured and relocated downstream. If relocation of red-legged frogs is allowed by the USFWS, any California red- legged frogs captured will be relocated downstream. Impacts to raptor nests: The proposed project could result in the removal or disturbance of occupied raptor nests. Adherence to the following measure would mitigate this impact to a less-than-significant level. Mitigation Measure 12. All trees within the cons _truction zone which will need to be removed for road widening, should be cut during the non-nesting season (August 1 to January 30) in the year prior to when road widening is expected to occur. If tree removal cannot occur as outlined above and must take place when road widening occurs then pre-construction surveys for active nests will be required. Surveys to determine the presence of raptor nests should be conducted by a qualified biologist no more than 30 days prior to the initiation of any construction related activities. If raptors are observed nesting on or near the project site during these surveys, exclusion zones will be established around all active nests. The project will consult with CDFG to determine the size of the exclusion zone, usually 100-300 feet, around the nest location. All project related activity will occur outside of the exclusion area until the young in the nest have fledged. Impacts to occupied bat roosts: The project could result Ln the removal or disturbance of an occupied bat roosts. Adherence to the following measure would mitigate this impact to a less-than-significant level. Mitigation Measure 13. Surveys of the existing southern tributary culvert should be conducted by a qualified biologist to determine the presence of roosting bats no more than 30 days prior to the initiation of any construction related activities. If a bat roost is observed in the culvert during these surveys, the biologist will determine the type of roost, (daytime, nighttime, or maternity), and construction on and in the immediate vicinity of the culvert City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 49 March 2004 b, c) will stop until the bats have been excluded from the roost site. If a nighttime roost is present, any demolition work on the culVert will be limited to daytime hours when bats are not present. If a daytime roost is present, the roost site will be outfitted with bat exclusion devices that allow bats to exit the roost site, but not return. Demolition of the culvert will begin only after the biologist has determined that the roost has been successfully abandoned. If a maternity roost is present, the exclusion zone will remain in place until the young have fledged. After fledging, bats will be excluded and the culvert demolished as spedfied for a daytime roost. Both new bridges should be designed to permit bats to establish roost, after construction. Impacts to Congdon's tarplant: The project will result in the removal of two small populations of Congdon's tarplant. The population on the Wallis Ranch is located within the proposed roadbed and will be removed as part of project grading. The population on the Silveria Ranch will be removed during grading to reduce landslide potential on adjacent hillsides. Adherence to the following measure would mitigate this impact to a less-than-significant level. Mitigation Measure 14. The project will determine the size of the two populations and preserve habitat that supports a known population of Congdon's tarplant at an acreage ratio of 1:1 (preserved: impacted). Have a substantial adverse impact on riparian habitat or federally protected wetlands ? LS/M. Construction of the northern and southern tributary bridges and removal of the existing culverts at these locations would require realignment or disturbance of an approximately 700-foot reach of the northern tributary stream and an approximately 48 foot reach of the southern tributary, together with the installation of a series of stabilized drops in the stream channel. ~'he existing northerly tributary culvert has significant vertical drop (approximately 10 foot vertical drop at the downstream end), which would need to be replaced by smaller changes in stream elevation over a longer section of stream channel to allow for unimpeded movement of terrestrial and aquatic wildlife. Segments of the existing stream banks within the affected reaches which are not realigned are proposed to be graded to a stable slope angle from their near vertical or unstable condition. This work would result in the removal of all riparian vegetation growing within and along these reaches of the northern and southern tributaries and the temporary dislocation of all wildlife species associated with it. This would be a potentially significant impact. This work will be subject to the jurisdiction of the U.S. Army Corps of Engineers (Corps), California Department of Fish and Game (DFG) and Regional Water Quality Control Board (RWQCB) and permits from all of these agencies will be required for this work. This potential impact would be a potentially significant impact. This work would occur in areas subject to the jurisdiction of the U.S. Army Corps of Engineers, California Department of Fish and Game (CDFG) and Regional Water Quality Control Board (RWQCB) and permits from these agencies will be required. Adherence to the following mitigation measure will reduce this impact to a less-than-significant level: City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 50 March 2004 Mitigation Measure 15. a) Prior to initiation of work in the northern and southern tributaries, a Creek Restoration Plan will be prepared which specifies how the disturbed reaches of the streams will be placed in a stable condition and their banks revegetated with riparian species native to these tributaries or Tassajara Creek. This plan will require the review and approval of the Corps, DFG and RWQCB. b) Individual grade control structures will have vertical drops of no more than two feet or cascade drops of no more than three feet at any specific location to allow for unimpeded movement of aquatic species. c) All potentially jurisdictional areas located adjacent to the project area wiI1 be avoided during construction and no fill will be allowed to enter these areas. Exclusion fencing (construction or silt fendng) will be installed at the boundary between these features and the active project area to protect them and to delimit the boundary of construction and heavy equipment activity. A biological monitor, shall oversee the installation of the fencing and periodically monitor ~e development sites to document avoidance of the off-site areas. The monitor will provide a report to the City and other agencies documenting the avoidance during construction. d) During project construction, no material shall be allowed to enter, or be stored in, any off-site potentially jurisdictional areas. Project related dirt and other material shall be kept at least 50 feet far away from off-site drainage features. All equipment washing will occur downslope from off-site drainage features. Construction of the southerly bridge precludes tree reestablishment but does provide the opportunity for herbaceous or shrub vegetation to become established, primarily at the upstream and downstream ends of the structure. When complete installation of the two bridges would allow unimpeded movement up and down the stream corridor by terrestrial and aquatic wildlife. The road alignment would encroach on the upper bank of a portion of a cutoff oxbow bend in the creek channel. The project would include the installation of a 160-foot long retaining wall with a maximum height of approximately twelve feet at this location to prevent the need to fill a portion of the oxbow which is a jurisdictional feature. All existing riparian vegetation and this portion of the natural channel bank will be removed at the location of the wall. This work will be subject to t. he jurisdiction of the Corps, DFG, and RWQCB and permits from all of these agencies will be required for this work Construction of the retaining wall is subject to the jurisdiction of the California Department of Fish and Game (DFG) and a Streambed Alteration Agreement will need to be obtained from DFG for its construction. As the retaining wall is a mitigation feature of the project designed to minimize Ioss of riparian habitat and jurisdictional area no additional mitigation is necessary for its construction. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 51 March 2004 d) e, f) Interfere with movement o, f native fish or wildlife species ? LS. Approval of the ultimate precise rights-of-way and construction of the proposed widening of Tassajara Road and the construction of Fallon Road would add additional travel lanes to these roads, but with adherence to Mitigation Measure 9, regarding fish species, this impact would be reduced to a less-than-significant level. Since Tassajara Road presently exists as a major north-south arterial roadway, widening of this road would be expected to have a less-than-significant impact with regard to blockage of upland wildlife species. Similarly, the proposed construction of approximately 1400 feet of Fallon Road just east of Tassajara Road is anticipated to be an incremental amount of new road that would have a less-than-significant impact regarding blockage of upland species movement. Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation Plans or Natural Community Conservation Plans ? NI. The proposed ultimate precise alignment of Tassajara Road would be located just east of the existing Tassajara Creek Management Plan. The Tassajara Creek Management Plan was established as part of environmental mitigation for development of portions of the Dublin Ranch located east of Tassajara Road. This area, located within and adjacent to the right-of-way of Tassajara Creek, is proposed to be preserved under a conservation easement and managed as a conservation area in perpetuity to protect and conserve mixed riparian woodland and aquatic habitats found within Tassajara Creek. The precise alignment of Tassajara Road lies outside the boundaries of the Management Plan easement, so no impacts are anticipated. The City of Dublin has also adopted the Eastern Dublin Comprehensive Stream Restoration Program to implement biological resource conservation goals and polities contained in the Eastern Dublin General Plan Amendment and Specific Plan as well as mitigation measures contained in the Eastern Dublin EIR. Section 6.1 of this document establishes a recommended 100-foot wide setback from top of bank of major creeks, such as Tassajara Creek. In some instances, the precise ultimate right-of-way for Tassajara Creek would encroach into this recommended setback area. However, based on the need to reduce grading of sensitive hillside areas on the east side of Tassajara Road and adherence to Mitigation Measures 8 through 15 of this Initial Study to protect se_nsitive-sta~s plant and animal species within and adjacent to Tassajara Creek, the propose project would be consistent with the Comprehensive Stream Restoration Program. The site is not located within the boundaries of any Habitat Conservation Plan or Natural Community Conservation Plan. No impacts would therefore result. City of Dublin Initial StudyFFassajara Road/Fallon Road Ultimate Precise Alignment Page 52 March 2004 Table 3. Special-Status Plant Species, Livermore/Amador Valley Suit- able Status' Habitat Species (Federal/State/CNP Habitat Notes Present S) on Site Arctostaphylos auriculata -- / -- / List lB Chaparral and woodlands No Mt. Diablo manzanita usually on siliceous shale soils; blooms January- March ArctostaphyIos manzanita ssp --/-- / List lB Chaparral and woodlands No Iaevigata usualIy in rocky soils; Contra Costa manzanita blooms January-February Atriplex joaquiniana -- / -- / List lB Grasslands and seasonal Yes San Joaquin spearscale wetlands with alkaline soils; blooms April- November Balsamorhiza macrolepis var B/B/List lB Thin, rocky soil on hillsides, No macrolepis sometimes-on serpentine, Big-scale balsamroot grasslands and woodlands; blooms March-June Blepharizonia plumosa ssp B/B/List lB Thin soils in grasslands; Yes plumosa blooms July-October Big tarplant Calochortus pulchellus B/B/List lB Openings in chaparral, No Mt. Diablo fairy-lantern coastal scrub, and assodated grasslands; blooms April-June Cordylanthus palmatus FE / SE / List lB Alkaline vernal pools and No Palmate-bracted bird=s-beak seasonal wetlands; blooms May-October Deinandra bacigalupi --/-- / List lB Alkaline meadows and No Livermore tarplant seeps; blooms June-October Dirca occidentalis B / B / ListlB Occurs in variety of forest No Western leatherwood and woodland habitats; blooms January-April Eriogonum truncatum --/--/List lA Occurs in sandy soils of No Mt. Diablo buckwheat grassland, scrub and chaparral habitats on hillsides; blooms April- September City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 53 March 2004 HelianthelIa castanea --/--/List lB Thin, rocky soil, grassy No Diablo helianthella hillsides, 500-4,000 feet; foothill woodland, chaparral; blooms April- May Hemizonia parryi ssp. congdonii --/_/List lB Alkaline or saline clay soil Yes Congdon's tarplant in armuaI grasslands in valleys; blooms June- November. HesperoIinon breweri --/_/List lB On serpentine soil, No Brewer's dwarf flax chaparral and oak woodland; blooms May- Malacothamnus hallii --/--/List lB Chaparral habitats; blooms No Hall=s bush mallow May-September Phacelia phacelioides --/--/List lB Rocky soils in chaparral 'No Mt. Diablo phacelia and woodland habitats; blooms April-May SanicuIa saxatiIis B/B/List lB Rocky soils in chaparral, No Rock sanicle forests, and associated grasslands~ blooms April- May Streptanthus albidus ssp --/B/List lB Serpentine soils in No peramoenus grasslands and chaparral; Most beautiful jewel flower blooms April-June Streptanthus hispidus --/_/List lB Rocky soils in grasslands No Mt. Diablo jewel flower and chaparral on hillsides; blooms March-June Tropidocarpum capparideum --/--/List lA Alkaline-day soils in Yes Caper-fruited tropidocarpum grassland, oak woodland on hillsides; blooms March- April 'Status: FE = federally listed as "endangered;" SE = State listed as "endangered;" List 1 = rare and endangered throughout its range (A - presumed extinct; B - still existing). City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Right-Of-Way Page 53a March 2004 Table 4 - Special-Status Wildlife Species, Livermore/Amador Valley Species Status* Habitat Notes Suitable Federal/ Habitat State Present on Site Branchinecta lynchi FT/-- Vernal pools and other ponding No Vernal pool fairy, shrimp seasonal wetlands Ambystoma californiense C/SC Seasonal ponds; upland Yes California tiger salamander grassland/savanna for estivation Rana aurora draytonii FT/SC Ponds and streams Yes California red-legged frog Rana boylii 4SC Perennial creeks and streams No Foothill yellow-legged frog usually with cobble bottoms Clernmys rnarrnorata 4SC Ponds and streams Yes Western pond turtle Maszicophis lateralis euryxanthus FT/ST Scrub and associated grasslands No Alameda whipsnake Aquila chrysaetos (nesting) BA/SC Large trees for nesting; No Golden eagle Falco peregrinus anatum (nesting) --/SE Nests on cliffs, forages over No American peregrine falcon variety of habitats gccipiter striatus (nesting) dSC Nests in dense woodlands and No Sharp-shinned Hawk forests, forages in same Accipiter coo2veri (nesting) dSC Nests in trees in woodlands, No Coopers Hawk forages in a variety of habitats Elanus caeruleus -/CFP Nests in trees and tall shrubs, Yes White-tailed kite forages over a variety of habitats Speotyto cunicularia hyl~ugea dSC Grassland/pastureland; nest in Yes (nesting) ground squirrel dens Western burrowing owl Eremophila al2vestris (nesting) dSC Large patches of well grazed Yes California homed lark grassland Agelaius tricolor (nesting) dSC Nests in dense emergent No Tricolored blackbird vegetation Neotorna fuscipes annectens dSC Riparian, woodland, and upland No San Francisco dusky-footed woodrat scrub habitats City of Dublin Initial Studyfrassajara RoadlFallon Road Ultimate Precise Alignment. Page 54 March 2004 Vulpes macrotus mutica FE/ST Grassland, savanna, and other No San Joaquin kit fox open habitats Antrozous pallidus (roosts) -/SC Roosts in caves, tunnels, No Pallid bat buildings; forages over variety of habitats Plecotus townsendii townsendii -/SC Roosts in caves, runnels, No (roosts) buildings; forages over variety of Townsend's big-eared bat habitats Eumops perotis californicus -/SC Roosts in crevices of large No California mastiff bat outcrops; forages over wide variety of habitats FE = federally listed as endangered FT = federally listed as threatened C = candidate for listing as threatened or endangered BA= Federal Bald Eagle Act SE = California listed as endangered ST = California listed as threatened SC = California species of special concern CFP=Califomia fully protected City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Right-Of-Way Page 54a MarCh 2004 5. Cultural Resources Environmental Setting A cultural records search of the project area was completed by the Northwest Information Center at Sonoma State University in October, 2002. The search included consultation of California Office of Historic Preservation records, base maps, historic maps and literature for Alameda County on file at the Northwest Information. No recorded Native American or historic period archeological resources are identified on the project site. However, a historic period dairy farm is identified on the west side of Tassajara Road dating to the mid 1920's (6582 Tassajara Road). Native American archeological sites in this portion of Alameda County tend to be located on alluvial fiats at the base of hills near sources of water, such as springs. Since the project area is located along alluvial benches associated with the confluence of seasonal drainages and Tassajara Creek, it is therefore considered an archeologically sensitive area. In addition, several Native American archeological sites have been recorded downstream along Tassajara Creek south of the project area. Given the environmental setting of the project and the archeological sensitive nature of the general area, the project site has a moderate potential for Native American sites. Historic archeological sites associated with early ranching and agricultural uses in the area may also be present in the area, so that there is a moderate potential of encountering historic-period archeological deposits in the project area. Project Impacts a) Cause substantial adverse change to significant historic resources? NI. Although one historic site (an early 20th-century ranch/homestead complex) was identified near the project area, proposed construct/on of the widened road would not be located near this resource. Therefore, no impact would result to historic resources. b, c) Cause a substantial adverse impact or destruction to archeological or paleontological resources ? LS/M. There is a remote but potentially significant possibility that construction activities, inducting site grading, trenching and excavation, may uncover significant archeological and/or paleontological resources on the site. The Eastern Dublin EIR categorized these resources as pre- historic cultural resources. Three potential pre-historic sites were identified by the ErR within the proposed Specific Plan project area. The Eastern Dublin ErR 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 implementation of Mitigation Measures 3,9/1.0 through 3.9/4.0 reduce this impact to a less-than-significant level. These mitigation measures include: Mitigation Measure 16. Final roadway construction plan(s) and specifications shall require mechanical or hand subsurface testing on all locations of prehistoric resources to determine the presence or absence of midden deposits. (Eastern Dublin ErR Mitigation Measure 3.9 / 1.0) Oity of Dublin Initial Study/TaSsajara Road/Fallon Road Ultimate Precise Alignment Page 55 March 2004 d) Mitigation Measure 17. Final roadway construction-plan(s) and specifications shall requires all locations containing either midden components or concentrations of cultural materials on the surface to be recorded on State of California survey forms. (Eastern Dublin EIR Mitigation Measure 3.9/2.0.) Mitigation Measure 18. Final roadway construction plan(s) and specifications shall require evaluative testing if proposed development would directly or indirectly impact recorded and mapped location of resources. (Eastern Dublin EIR Mitigation Measure 3.9 / 3.0) Mitigation Measure 19. Final roadway construction plan(s) and specifications shall require a qualified archeologist to develop protect/on programs for significant resources whose conditions would be altered by proposed development. (Eastern Dublin EIR Mitigation Measure 3.9/4.0) Mitigation Measure 20. Final roadway construction plan(s) and specifications shall require grading and construction to cease in the event that historic or prehistoric resources are discovered during such activities. (Eastern Dublin EIR Mitigation Measure 3.9/5.0) Adherence to the above Mitigation Measures would reduce potential impacts to archeological or palentological resources to a less-than-significant level. 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 conslamction. Disturb any human remains, including those interred outside of a formal cemetery? LS/M. A remote possibility exists that historic or pre-histori~ human resources could be uncovered on the site during construction activities. Implicit in the mitigation measures of the Eastern Dublin EIR and Eastern Dublin Specific Plan policies is the potential for discovery of human resources near or within the identified pre-historic and historic sites. With implementation of Mitigation Measures 16 through 20, and adherence to the Eastern Dublin Specific Plan policies relating to cultural resources (Policies 6-24 and 6-25), this impact would be less-than-significant. 6. Geology and Soils Environmental Setting Geology and soils The project area is located in the central portion of the Coast Ranges geomorphic province. The Coast Ranges are characterized by.a series of parallel, northwesterly trending, folded and faulted mountain chains. A dominant structural feature is Mt. Diablo, located approximately nine miles north of the project area. City of Dublin Initial Study/Tassajara Road/Fallon ROad Ultimate Precise Alignment Page 56 March 2004 The project area does not lie within an Earthquake Fault Zone (formerly Alquist-Priolo Special Studies Zone). Maior active faults in the region that influence earthquake susceptibility include the San Andreas, Hayward, Calaveras, and Greenville Faults. Topographically, the project area is relatively fiat, with moderate to steep slopes located immediately adjacent to portions of the roadway to the east. Tassajara Creek lies directly west of the project area with incised banks located approximately 30 to 50 feet below the existing roadbed elevation. Regulatory framework The Eastern Dublin Comprehensive Streambed Restoration Program, adopted in 1998 to fulfill a Mitigation Measure of the Eastern Dublin Specific Plan requires a 100-foot wide setback from tops of bank of major creeks (which includes Tassajara Creek) to ensure both structural safety to buildings and related improvements adjacent to creeks and to provide a buffer of sensitive habitat within creeks. The City of Dublin has also adopted Ordinance No. 52-87, which requires improvements be setback a minimum of 20 feet from tops of banks of creeks, or from a 2:1 projected slope from the toe of slope if the bank is irregular, to ensure stamctural safety and minimize the effects of bank erosion. Project Impacts a) Expose people or structures to potential substantial adverse impacts, including loss, injury or death related to grOund rupture, seismic ground shaking, ground failure, or landslides? LS/M. Similar to many areas of California, the project area is likely subject to ground shaking caused by seismic activity on the regional faults identified above. Under moderate to severe seismic events, which are probable in the Bay Area over the next 30 years, utilities and other improvements constructed in the project area would be subject to damage caused by ground shaking. However, since the project area is not located within an Earthquake Fault Zone (formerly Alquist-Priolo Zone), the potential for ground rupture is anticipated to be minimal. The Eastern Dublin EIR identified that the primary and secondary effects of ground-shaking (Impacts 3.6/B and 3.6/C) could be pote.ntially significant. . impacts. With implementation of Mitigation Measure 3.6/1.0 the primary effects of ground-shaking are reduced to a less-than-significant level by using modern seismic design for resistance to lateral forces in construct/on, 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 to a less-than-significant level. These mitigation measures include: Mitigation Measure 21. Setbacks shall be established from unstable and potentially unstable landforms as well as use of appropriate project City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 57 March 2004 b) engin'e, ering design techniques to ensure safety. (Eastern Dublin EIR Mitigation Measure 3.6 / 2.0) Mitigation Measure 22. Appropriate grading and design shall be used to completely remove unstable and potentially unstable materials in hillside development areas. (Eastern Dublin Mitigation Measure 3.6/3.0) Mitigation Measure 23. Engineering techniques and improvements, such as retention structures, drainage improvements, properly designed keyways and adequate compaction shall be used to improve the stability of fill areas and to reduce seismically induced fill settlement. (Eastern Dublin EIR Mitigation Measure 3.6/4.0 and 5.0) Mitigation Measure 24. Roads, structural foundations, utilities shall be designed in such a mariner as to accommodate estimated settlement without failure, especially across areas of cut and fill. (Eastern Dublin Mitigation Measure 3.6/6.0) Adherence to Mitigation Measures 21 through 24 will ensure that infrastructure facilities built within the project area will comply with generally recognized seismic safety standards so that effects due to ground shaking and ground failure will be less-than-significant. Is the site subject to substantial erosion and/or the loss of to. psoil? LS/M. Construction of the proposed road widening would modify the existing ground surface and alter patterns of surface runoff and infiltration and 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 below, both of these impacts would be less-than-significant. These mitigation measures include: Mitigation Measure 25. Grading activities shall be timed to avoid the rainy season as much as possible and that interim erosion control measures be taken to control runoff and minimize erosion. (Eastern Dublin EIR Mitigation Measure 3.6 / 27.0) Mitigation Measure 26. Long-term erosion and sedimentation shall be reduced through appropriate design, construction and continued maintenance of surface and subsurface drainage. Future road improvement plan(s) and eeCifications for this project incorporate erosion control plans for all aspec~ of project that would involve trenching, excavation or stockpiling of dirt. plan(s) shall be prepared by a registered civil engineer and be consistent with applicable City of Dublin and Regional Water Quality Control Board guidelines and standards. (Eastern Dublin EIR Mitigation Measure 3.6/28.0) City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 58 March 2004 c,d) e) 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. Is the site located on soil that is unstable or expansive or result in potential lateral spreading, liquefaction, landslide or collapse? LS/M. Portions of the project area are underlain by soil types with high shrink-swell potential, which have the potential to cause damage to foundations, slabs, and pavement (Eastern Dublin EIR Impact 3.6/H). With adherence to the following mitigation measures, contained in the Eastern Dublin EIR, potential shrink-swell impacts would be less-than-significant. Mitigation Measure 27. A design-level geotechnical investigation shall be prepared to characterize site-specific soils and bedrock condilSons and to formulate specific design criteria for development projects. (Eastern Dublin EIR Mitigation Measure 3.6/14.0) Mitigation Measure 28. Specific measures shall be included in future specific roadway plan(s) and specifications to control moisture in the soil to reduce impacts from expansion soil and rock. (Eastern Dublin EIR Mitigation Measure 3.6/15.0) Mitigation Measure 29. Appropriate foundation and pavement design shall be employed, based on a site-specific geotechnical study, for new structures to minimize effects of expansive soil and rock. (Eastern Dublin EIR Mitigation · Measure 3.6/16.0) In certain limited locations, the proposed roadway would not comply with either the 100-foot setback generally required by the Comprehensive Stream Restoration Program or the 20-foot structural setback required by Ordinance No. 52-87. This is based on the close proximity of existing Tassajara Road to Tassajara Creek on the west and to steep hillsides on the east. The proposed alignment of Tassajara Road near Tassajara Creek would be stable if based on site-specific geotechnical recommendations. Based on preliminary review of the proposed ultimate alignment by Klein/elder, the City of Dublin's geotechrdcal consultant, a vertically-faced retaining wall system is feasible geotechnically along a portion of the proposed road alignment, provided the wall is designed for both static and seismic stability. Such a wall has been incorporated into the preliminary design of the project (see Exhibit 5). Therefore, less-than-significant impacts would occur with regard to future landslides and soil stability. Have soils incapable o/supporting on-site septic tanks if sewers are not available? NI. The proposed project involves widening of an existing roadway, so there would be no impacts with regard to septic systems. Page 59 City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment March 2004 7. Hazards and Hazardous Materials Environmental Set°ting The project area consists of paved roadways with open grasslands on each side. Historically, the properties adjacent to the project area have been used for agriculture, primarily as grazing land and limited dry-farming of crops. Some pesticide and herbicide use may be associated with historic and on-going agricultural uses and some petroleum-based products may have been used to run and maintain farm equipment. Project Impacts a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? NI. There would be no impacts with regard to transport, use or disposal of hazardous materials, since the proposed project involves establishing ultimate precise roadway alignments for thoroughfares in the Eastern Dublin area and would not involve any type of industrial or mineral exl:raction processes. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? LS. Although small quantities o£ residual potentially hazardous materials may be present within t. fie ground surface adjacent to the roadway, primarily petroleum produc~s dropping by passing vehicles and chemicals related to agricultural operations, this amount is anticipated to be minimal and less-than- significant. c) Emit hazardous materials or handle hazardous materials or acutely hazardous materials, substances, or waste within one-quarter mile of an exist2'ng or proposed school? NI. One private school exists on the east side of Tassajara Road (Quarry Lane School). Other public schools are planned for properties east and west of Tassajara Road. However, approval and implementation of the proposed project would have no impact with regard to these schools, since the project involves widening of an existing roadway arid would not result in the emission of hazardous materials or substances. d) Is the site listed as a hazardous materials site? NI. No properties comprising the project site are listed on the State of California Department of Toxic Substances Control as an identified hazardous site as of January 10, 2003. There is therefore no impact with regard to t. his topic. e,f) Is the site located within an airport land use plan ora public airport or private airstrip? NI. The project area is not located near a public or private airport, airfield or airstrip. No impacts are therefore anticipated regarding airport safety issues. g) Interference with an emergency evacuation plan? NI. The proposed project would include the ultimate widening of an existing major roadway, which should improve emergency evacuation in this portion of Eastern Dublin. TherefOre, no impacts are anticipated with regard to interference with emergency evacuation plans. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 60 March 2004 h) Expose people and structures to a significant risk of loss, injury or death involving wiIdland fires or where residences are intermixed with wiIdlands? NI. Although the project area lies in a substantially undeveloped area, the proposed project does not include construction of flammable improvements and would provide improved access to portions of the Eastern Dublin for firefighting purposes. No impacts are therefore anticipated. 8. Hydrology and Water Quality Environmental Setting Local surface water The project area is located within the Alameda Creek watershed which drains to the San Francisco Bay via the Arroyo Del Valle and Arroyo de la Laguna. The closest main surface body of water to the project area is Tassajara Creek, which flows in a north- south direction immediately west of existing Tassajara Road. Two unnamed tributaries to Tassajara Creek currently flow under Tassajara Road, one immediately south of the Quarry Lane School site and the second in the northerly portion of the project area. 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 five acres. 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 Frandsco Bay. In 1994, the RWQCB issued a set of recommendations for New and Redevelopment Controls for Storm Water Programs. These recommendations include polities that define watershed protection goals, set forth minimum non-point source pollutant control requirements for site planning, construction and post-construction activities, and establish criteria for ongoing reporting of water quality constriction activities. Watershed protection goals are based on polities identified in the San Frandsco Bay Basin Water Quality Control Plan (Basin Plan), and the entire program relies on the implementation of Best Management Practices to limit pollutant contact with stormwater runoff at its source and to remove pollutants before they are discharged into receiving waters. The California Stormwater Quality Task Force has published a series of Best Management Practices handbooks for use in the design of source control; and treatment programs to achieve the water quality objectives identified by the Basin Plan for the benefidal uses of surface waters, groundwaters, wetland and marshes. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 61 March 2004 Existing surface water quality is affected by a number of pollutants generated from existing structures, parking area and open space uses on the project site, including but not limited to petrochemicals (oiI and grease), yard and landscape chemicals (herbicides, pesticides and fertilizers), erosion from construction sites and similar sources. Flooding Portions of the project area located within Tassajara Creek are included within a 100- year flood hazard area as shown on the applicable Flood Insurance Rate Map for eastern Dublin (Community Panel No. 060705 0002 B). None of the upland portion of the project area is located within a flood hazard area. Project Impacts a) Violate any water quality standards or waste discharge requirements? LS/M. Approval of the ultimate precise alignment and construction of proposed road widenings consistent with the approved alignments could result in potentially significant discharges of erosion of graded material into Tassajara Creek and other bodies of water. Long-term, runoff of oil, grease and other chemicals from the roadway could discharge into Tassajara Creek, degrading surface water quality. Adherence to Mitigation Measures 3.5/53.0, 54.0 and 55.0 contained in the Eastern Dublin EIR and re-stated below, will ensure that surface water quality standards will be met during the construction and operational phases of roadway widening. These mitigation measures require: Mitigation Measure 30. The proposed project shall incorporate Best Management Practices to minimize stormwater pollution. (Eastern Dublin EIR Mitigation Measure 3.5 / 53.0) Mitigation Measure 31. The proposed project shall meet all water quality standards set forth in the City's NPDES Permit. (Eastern Dublin EIR Mitigation Measure 3.6 / 54.0) b) Mitigation Measure 32. The proposed project shall meet water quality standards imposed under the Alameda County Clean Water Program. (Eastern Dublin EIR Mitigation Measure 3.6/55.0) Pursuant to these three adopted mitigation measures, it is therefore recommended that final project improvement plan(s) and specifications incorporate requirements that future roadway and related improvements to include Best Management Practices as included in the Alameda County Clean Water Program to minimize surface water quality impacts. Less-than-significant impacts are therefore antidpated. Substantially deplete groundwater recharge areas or lowering of water table? LS. Less- than-significant impacts are anticipated with regard to depletion of groundwater resources, since minor new areas of paving would be added to increase the width of Tassajara Road and to construct a portion of Fallon Road that could reduce groundwater recharge. The amount of paving would not be significant, however, City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 62 March 2004 c) d) e) f) g) given the length of the roadway through the project area. Since the proposed project would not include habitable buildings or structures, the project would not utilize groundwater quantities, so no impacts would result with regard to lowering of the water table. Substantially alter drainage patterns, including streambed courses such that substantial siltation or erosion would occur? LS. New paved surfaces would be added adjacent to the existing roadway, so that the quantity (square footage) of impervious surfaces would be increased, however as noted above, the amount of new paved surfaces would be less,than-significant. Existing drainage patterns may be slightly modified based on the new alignment, however adherence to Mitigation Measure 33 contained in this Initial Study will reduce surface water quality impacts from the widened roadways to a less-than-significant level. In addition, stormwater runoff from properties adjacent to the project area are required by the City of Dublin to prepare and implement Stormwater Pollution Prevention Plans to minimize polluted stormwater runoff from reaching the Tassajara Road and Fallon Road. Substantially alter drainage patterns or result in flooding, either on or off the project site? NI. No impacts or significant changes to drainage patterns are anticipated since minor additions to existing impervious surfaces are proposed in the project. Create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts ofpolluted runoff?. LS/M. Minor increases in the quantity of existing stormwater runoff would result as part of the widening of Tassajara Road and construction of portion of Fallon Road based on an estimated minor increase in the amount of impervious surface. Increased runoff would be disposed of in Tassajara Creek via two new storm drain outfalls (one each located at the southerly and northerly tributaries to Tassajara Creek) and ulffmately transported to San Francisco Bay. The addition of polluted stormwater from the project site into adjacent creeks could result in potentially significant impact regarding degradation of surface water quality and the following measure is recommended to reduce this impact to a less-than-significant level. Mitigation Measure 33. Storm drain outfall structures installed as part of the proposed project shall be equipped with storm drain filters as approved by the Dublin Public Works Department and that comply with Regional Water Quality Control Board standards. Substantially degrade water quality? LS/M. Less-than-significant water quality impacts would occur through approval and implementation of the proposed project. Adherence to Mitigation Measures 30 through 32, as described above, will ensure that water quality issues will be less-than-significant. Place housing within a lO0-year flood hazard area as mapped by a Flood Insurance Rate Map? NI. The proposed project does not include a housing component, so there City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 63 March 2004 CITY OF DUBLIN TASSAJARA ROAD WIDENING NEGATIVE DECLARATION Exhibit 8 LOCAL CREEKS Project Site 0 300 600 1200 feet h,i) j) would be no impact with regarding to placement of housing within a 100-year flood plain. Place within a l O0-year flood hazard boundary structures that impeded or redirect flood flow, including dam failures? NI. The proposed project would include replacement of existing culverts with bridges over both the northern and southern tributaries of Tassajara Creek. Both creek tributaries lie within 100-year flood plain areas. The proposed replacement bridges would be designed as "clear span" bridges so that no piers or other stractural obstructions to flood waters would be creased. No impacts are anticipated with regard to impedance of floodwaters or flows since the proposed bridges would not block flood flows. Result in inundation by seiche, tsunami or mudflows? NI. The project area is located well inland from San Francisco Bay or other major bodies of water to be impacted by a tsunami or seiche. No impacts would therefore result. 9. Land Use and Planning Environmental Setting Existing land uses Land uses flanking Tassajara Road and the future alignment of Fallon Road include primarily open, undeveloped properties with scattered Iow-density rural residential dwellings. The southerly end of the project area along Tassajara Road includes Quarry Lane School, which was initially developed in the unincorporated portion of Alameda County, but which has been annexed to the City of Dublin. A landscape contractor yard has been established immediately south of the school. An equipment storage yard also exists on the west side of Tassajara Road on the Wallis Ranch property. Generally, land uses to the south of the project area along Tassajara Road are more urban in nature and include recently constructed single family subdivision, multi- family housing complexes and neighborhood-serving commercial centers. North of the project area, within Contra Costa County, land uses generally consist of agricultural; rural residential and / or undeveloped properties. As noted in the Project Description section, the major natural feature of the project site is Tassajara Creek, which meanders along the west side of Tassajara Road. Regulatory framework Tassajara Road presently traverses through the unincorporated portion of A1 _ameda County, although the Local Agency Formation Commission has placed properties within this portion of the County within the Sphere of Influence of the City of Dublin, which means that Dublin will likely ultimately annex these properties. A request has been filed to annex the Wallis Ranch and adjacent smaller properties on the west side of Tassajara Road into the City. The Silveria/Haight/Nielsen annexation, located on the east side of Tassajara Road, has recently been approved by the Alameda County Local Agency Formation Commission (LAFCO). When and if annexation of the City of Dublin Initial StudyfTassajara Road/Fallon Road Ultimate Precise Alignment Page 64 March 2004 Wallis Ranch property is approved by LAFCO, a majority of properties adjacent to Tassajara Road would be located within the incorporated City of Dublin. Land uses for unincorporated properties adjacent to Tassajara Road are governed by the East County Area Plan (ECAP), adopted by Alameda County in 1994, most rec_entl.y updated in 2000. ECAP identifies properties along Tassajara Road as lying within the Urban Growth Boundary adjacent to the City of Dublin. Existing County Zoning is A- Agricultural, which permits a range of low density housing on large lots, crop production, cattle grazing, hiking and riding trails and similar uses. More intensive land uses are allowed subject to the issuance of a Conditional Use Permit by Alameda County. The Eastern Dublin Specific Plan and General Plan Amendment was adopted in 1993 to guide the future development of properties east of Parks RFTA. Land uses included in the Eastern Dublin General Plan and Specific adjacent to Tassajara Road includes a mix of Residential uses at various densities, and Open Space. Both the ECAP Plan and the City of Dublin Eastern Dublin General Plan and Specific Plan call for the ultimate widening of Tassajara Road to six travel lanes. Project Impacts a) Physically divide an established community? LS. Approval of the ultimate precise alignment and future construction of the proposed roadway widenings could interfere with future local residents east of Tassajara Road from accessing planned local and regional parks on the west side of the road. Specifically, the City of Dublin has planned a local park on the L. in property(also knowr~, as .Dublin Ranch West). An application has been filed with the City of Dublin to develop this property. The East Bay Regional Park District is also planning a regional multi-use trail on the west side of Tassajara Creek. The inclusion of a future pedestrian bridge overcrossing over widened Tassajara Road would allow for a safe roadway crossmg. Implementation of the proposed project would also require either dedication .or purchase of additional right-of-way from property oWners abutting the existing roadway and the future alignment of Fallon Road. The amount of future right-of- way is not known at this time and will depend on the final road alignment adopted by the City of Dublin. Since the widening of Tassajara Road and the construction of Fallon Road have been identified in appropriate land use regulatory documents adopted by the City of Dublin and Alameda County, dedication or purchase of future right-of-way is anticipated to be less-than- significant. b) Conflict with any applicable land use plan, policy or regulation? NI. Adoption of the ultimate precise road alignments and the future road widening would be consistent with the number of travel lanes envisioned in both City and County planning documents for Tassajara Road. The entirety of Fallon Road is within the City of Dublin and future construction of this road is included in the Eastern Dublin General Plan and Specific Plan. No impacts would therefore result. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 65 March 2004 c) Conflict with a habitat conservation plan or natural community conservation plan? NI. See section 4 e and f of this Initial Study. 10. Mineral Resources Environmental Setting The project area contains no known mineral resources. This is based on the Eastern Dublin EIR. Project Impacts a, b) Result in the loss o/availability o/regionally or locally significant mineral resources? NI. The Eastern Dublin EIR does not indicate that significant deposits of minerals exist in the project area, so no impacts would occur. 11. Noise Environmental Setting The City 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 commerdal, industrial and recreation uses, community noise levels rarely exceed maximum recommended levels for these uses. The Noise Element of the General Plan EIR 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 1-580 freeway. Near the project area, the Eastern Dublin EIR notes that major noise sources include traffic noise and helicopter overflights from nearby Camp Parks RFTA, west of Tassajara Road. Figure 3.10A contained in the Eastern Dublin EIR identifies a corridor of properties adjacent to Tassajara Road as being subject tonoise levels above 60 decibels. The Noise Element identifies the following maximum noise exposure levels by land use type. City of Dublin Initial StudyFFassajara Road/Fallon Road Ultimate Precise Alignment Page 66 March 2004 Table 5. 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 60-70 70-80 80+ - Schools, churches, 60-70 70-80 80+ ! - nursing homes Neighborhood ~ 60 or less 60-65 65-70 70+ i parks i Office / Retail i 70 or less 70-75 75-80 80+ Industrial 70 or less ~ 70-75 i 75+ -- Source: Dublin General Plan Noise Element, Table 9-1 The City of Dublin also enforces an interior noise standard of 45 decibels for residential dwellings. Project Impacts a) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or other applicable standard? LS. Adoption of ultimate precise aligru'nent for the two roadways would increase the number of vehicle trips using the road, resulting in future noise increases based on greater vehicular noise. This could result in significant noise impacts in excess of City noise standards for future residents near the widened road (Eastern Dublin EIR Impact 3.10/A). However, adherence to Mitigation Measure 3.I0/1.0 would reduce noise impacts to future residents along the roads to a less-than-significant level. This Mitigation Measure requires future residential subdividers to prepare acoustic reports for future residential development adjacent to Tassajara Road and Fallon Road and to implement site-specific noise reduction methods contained in these reports. Noise impacts from the proposed widening of Tassajara Road on existing residents near the road was also identified as a potentially significant noise source in the Eastern Dublin EIR (Impact 3.10.2.0). Even with adherence to Mitigation Measure 3.10/2.0, that requires future subdividers to provide noise barriers for existing. residences, including construction of solid fences around existing structures, this impact was determined to be significant and unmitigatable and was included in the Statement of Overriding Considerations when the Eastern Dublin EIR was certified by the City of Dublin. Therefore, no future analysis of this impact is required. A statement of overriding considerations with regard to noise would have to be adopted by the City of Dublin if this project were to be approved b) Exposure of people to excessive groundborne vibration or groundborne noise levels? LS/M. Implementation of the proposed roadway improvements would use standard construction techniques. Adherence to Mitigation Measures 3.10/4.0 and 3.10/5.0 (discussed under item "d," below) will ensure that groundborne impacts would be limited to normal construction hours and would result in less-than-significant impacts. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 6/ March 2OO4 c) d) e, f) Substantial increases in permanent in ambient noise levels? NI. There would be no changes and no impacts with regard to potential permanent noise impacts since no noise-generating uses are associated with the proposed project. Substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? LS/M. Construction of the project could result in short-term noise and vibration due to trenching, grading and similar activities. There would also be increased noise levels from trucks and other construction vehicles needed for the project. This impact was addressed in the Eastern Dublin EIR as Impact 3.10/E, Exposure of Existing and Proposed Residents to Construction Noise. The following mitigation measures have been included in the Eastern Dublin EIR and are restated below to reduce construction noise to a less- than-significant level. Mitigation Measure 34. Construction Management Plan(s) shall be filed with the City of Dublin Public Works Department prior to commencement of any cor~struction. The Plan(s) shall identify specific measures to be taken to minimize short-term noise on local resident, including but not limited to limitations on hours of operation for construction, including unloading of material, equipment warm up and tune-up times, and a requirement that all gasoline-powered equipment be equipped with mufflers. (Eastern Dublin EIR Mitigation Measure 3.10/4.0) Mitigation Measure 35. Requires compliance with local noise standards relating to construction activities, including limitation on hours of Construction operation. (Eastern Dublin EIR Mitigation Measure 3.10/5.0) The above mitigation measures will also serve to limit any groundbome vibrations to a less-than-significant level. For a project located within an airport land use plan, would the project expose people to excessive noise levels? NI. Although the southerly p.ortion of the project ar.ea !les within the Livermore Airport P1an Referral area, He project does not include construction of buildings or facilities that would house people. No impacts are therefore anticipated in terms of this topic. 12. Population and Housing Environmental Settin~ The Association of Bay Area Governments (ABAG), the Council of Governments organization responsible for preparing and tracking population and demographic changes within the Bay Area region anticipates that the Bay Area will continue to grow at a steady rate. Factors contributing to this growth include a favorable climate, recreational activities, top universities and career opportunities. Over the next 20 years, the population is expected to increase to more than 8 million persons, a 16% increase over the current (2002) population. t_ :- City of Dublin Initial Study/TaSsajara Road/Fallon Road Ultimate Precise Alignment Page 68 March 2004 Population increases are expected to be primarily due to increases in births and longer life expectancies rather than significant in-migration. Table 6 depicts anticipated comparative growth in the Bay Area, Alameda County and Dublin. Table 6. Regional, County and Dublin Total Population (Pop) & Household (HH) Projectionsm 2000 I 2010 2020 Pop. ' HHs ! Pop. HHs Pop. HHs Region 6,783,760 2,466,019 7,513,800 2,697,080 8,014,100 2,894,370 Alameda !1,443,741 523,366 1,588,900 526,010 1,669,400 595,400 Dublin I 30,007 9,335 47,500 15,330 57,900 19,260 Source: ABAG Projections 2002 Alameda County's growth is expected to reach a level of 1.67 million over the next 20 years, making it the second most populous county in the ABAG region behind Santa Clara County. ABAG notes that the Tri-Valley areas are anticipated to experience the highest growth rates in Alameda County over the next 20 years. The Eastern Dublin Specific Plan and General Plan Amendment, adopted in 1994, ant/cipates a buildout population of 17,979 residents within the Project area. Project Impacts a) Induce substantial population growth in an area, either directly or indirectly? NI. Approval of the proposed project would not increase population growth in the Eastern Dublin area, since the proposed roadways have been plat[ned by both the City of Dublin as part of the Eastern Dublin Specific Plan and General Plan Amendment, as well as Alameda County's East County Area Plan regarding Tassajara Road. Although the widened roadways would allow for additional residential and non-residential growth in Eastern Dublin, such growth has been planned and analyzed as part of previously approved environmental documents, including but not limited to the Eastern Dublin EIR. No impacts are therefore anticipated. b,c) Would the project displace substantial numbers of existing housing units or people? LS. Additional right-of-way would be required to widen both roads. Based on the ultimate roadway alignment adopted by the City of Dublin, one residential City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 69 March 2004 dwelling unit would need to be removed to accommodate the proposed widening of Tassajara Road. One family would need to be displaCed to implement the proposed project. Purchase of the dwelling the property and, if necessary, payment of relocation costs by the City of Dublin would reduce this impact to a less-than-significant level. Alternatively, relocation of the dwelling on the site would also reduce this impact to a less-than-significant level. 13. Public Services Environmental Setting The following provide essential services to the community: Fire Protection. Fire protection services are provided by the Alameda County Fire Department, which is the contract fire agency for the City of Dublin. The Department provides fire suppression, emergency medical response, fire prevention, education, building inspection services and hazardous material control. Police Protection: Police and security protection is provided by the Alameda County Sheriff, on a contract basis to the City of Dublin, which maintains a 24-hour security patrol throughout the community. Other services provided include crime prevention, investigation services, youth services and traffic control. · Schools. The Dublin Unified School District provides K-12 educational services to the community. · Maintenance. Maintenance of streets, roads and other governmental facilities are the responsibility of the City of Dublin. Solid Waste: Solid waste service is provided by the Dublin/Livermore Disposal Company, which provides residential and commercial solid waste and recycling pick-up. Project Impacts a) Fire protection? NI. Approval of the proposed project would have no impact to fire protection since no habitable structures or improvements would be constructed that would require Fire Department service. Implementation of the proposed project would have a benefidal impact with regard to fire service, since improved access would be provided to this portion of Eastern Dublin. b) Police protection? NI. Since no habitable structures or other facilities would be constructed that would require additional police services, there would be no impacts with regard to the Police Department. c) Schools ? NI. There would be no impact to school service should the proposed project be approved since no new residential development would occur. Potential City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 70 March 2004 d) e) indirect impacts of establishing the ultimate precise alignment for the two roadways in terms of inducing additional housing .development has been addressed in the Eastern Dublin EIR. Other governmental service, including maintenance of public facilities ? NI. There would be no impact to maintenance services provided by the City, since the proposed widened roads would be constructed to City of Dublin standards that would minimize the need for maintenance for a number of years. Solid waste generation ? LS. Less-than-significant impacts regarding generation of solid waste is anticipated since construction of the project would generate additional quantities of construction debris. In the long-term, no additional solid waste would be generated, since no habitable facilities would be built. 14. Recreation Environmental Setting The nearest City of Dublin community park to the project site is Emerald Park, located on the southwest corner of Tassajara Road and Gleason Drive, just south of the project area. Emerald Park consists of approximately 23 acres of land and provides a wide range of recreation and open space amenities for Dublin residents. The Eastern Dublin Spedfic Plan and General Plan designates an ll.8-acre neighborhood park and 2.8-acre neighborhood square on the west side of Tassajara Creek on the Wallis property. An application has been filed with the City of Dublin to amend the Eastern Dublin Spedfic Plan and General Plan to provide a 5-acre neighborhood park on the Wallis property and to delete he neighborhood square land use designation. This application is currently pending. Other recreation facilities exist or are planned in or near the project area by the East Bay Regional Park District. The District presently owns property on the west side of Tassajara Road in the southerly portion of the project area immediately adjacent to Tassajara Creek. The District has long-term plans to incorporate this property into a regional recreational trail that is tentatively planned to nm from the intersection of Dublin Boulevard and Tassajara Creek on the south along Tassajara Creek and then along the easterly boundary of Parks RFTA and into Contra Costa County to the north, Project Impacts a) Would the project increase the use of existing neighborhood or regional parks? L$. Approval and construction of the proposed project would not directly increase the use of nearby City or regional recreational facilities, since it would not include increasing the local population. Indirectly, widening of Tassajara Road would increase access potential to park facilities in Eastern Dublin. However, this would be a less-than-significant impact, since the proposed roadway widening has been planned as part of the Eastern Dublin Specific Plan and General Plan Amendment. The inclusion of a planned pedestrian overcrossing structure would allow for safe access between future residents east of Tassajara Road and future parks that are planned to be built west of Tassajara Road. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 71 March 2004 b) Does the project include recreational.facilities or require the construction o,f recreationaI `facilities? NI. Although the provision of additional park land is not required, since the project would not include habitable structures that would increase the local population, the proposed ultimate rights-of-way do include a combination sidewalk/pathway along the sides of the roadways that would expedite pedestrian access to recreational facilities. 15. Transportation/Traffic Environmental Setting Tassajara Road is a major road in this portion of Alameda and Contra Costa County. It extends north from Pleasanton (where it is called Santa Rita Road), past the 1-580 freeway, through the project site and then north into Contra Costa County, where it becomes Camino Tassajara. The road has been improved through the project area with two travel lanes (one north, one south) where it serves rural residential and agricultural uses. South of the project site, Tassajara Road has been widened to four lanes and serves newer single-family development, higher density residential complexes and commercial centers. Tassajara Road has east- and west-bound on- and off-ramps at the 580 freeway. Fallon Road is induded in the Eastern Dublin General Plan and Spedfic Plan as an east- west arterial roadway near Tassajara Road that transitions to a north-south road east of the project area. Fallon Road presently has east-and west-bound ramps at the 1-580 freeway. The most recent data available from the City of Dublin Public Works Department indicate that the current Average Daily Trip volumes on Tassajara Road are 14,500 vehicles, which was recorded in February, 2003 on Tassajara Road just north of Gleason Drive. Future traffic projections along Tassajara Road estimate 44,100 vehicles at buildout of the Eastern Dublin Specific Plan. Project Impacts a) Cause an increase in traffic which is substantial to existing traffic load and street capacity? NI. This project is being proposed in response to increased development in the Eastern Dublin and southern Contra Costa County area. It is proposed to carry additional traffic that would be generated from land uses antidpated in the Eastern Dublin Spedfic Plan and General Plan and other land use plans adopted by Contra Costa County. No impacts regarding traffic increases are therefore anticipated. b) Exceed, either individually or cumulatively, a LOS standard established by the County CMA for designated roads)? NI. Since no vehicular-generating development is proposed as part of the project there would be no impact to CMA routes. c) Change in air traffic patterns? NI. The proposed project would have no impact on air traffic patterns, since it involves an upgrade to an existing major roadway. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 72 March 2004 d) e) f) g) Substantially increase hazards due to a design feature or incompatible use? LS/M. No permanent changes are proposed to the street system, other than widening and installation of related improvements. However, temporary const:mction activities could partially block existing private driveways along Tassajara Road during construction periods. This could result in a potentially significant impact due to disruption of local traffic patterns, especially during peak hour traffic periods, and inconvenience to local residents. The following mitigation measure is therefore recommended to reduce this potential impact to a less-than-significant level: Mitigation Measure 36. A Traffic Construction Management Plan shall be prepared by the City of Dublin Public Works Department prior to commencement of construction, identifying specific methods to be undertaken to ensure that access to abutting properties is maintained for residents and emergency veh/cles. The Management Plan shall be reviewed and approved by the Alameda County Fire Department and Dublin Police Services Department. Key elements of the Traffic Construction Management Plan shall be incorporated into project plans and specifications for implementation by the project contractor. Result in inadequate emergency access? LS/M. Short-term access to abutting properties may be restricted near project construction zones. Adherence to Mitigation Measure 11, above, would ensure that access would remain adequate to emergency service providers. Inadequate parking capacity? NI. No impacts to existing parking patterns are required since no development is proposed as part of the project. Hazards or barriers for pedestrians or bicyclists? LS. Preliminary project plans indicate that sidewalks would be constructed adjacent to the widened roadways to allow for access by pedestrians and bicyclists. Proposed construction of a pedestrian bridge over Tassajara Road would minimize future barriers to pedestrian use between future residential development east of Tassajara Road and planned City of Dublin parks west of Tassajara Road. Less-than-significant impacts would therefore result. 16. Utilities and Service Systems Environmentai Setting The project area is served by the following service providers: · Water supply: Dublin San Ramon Services District (DSRSD) and Zone 7 · Sewage collection and treatment: Dublin San Ramon Services District (DSRSD) · Storm drainage: City of Dublin (local facilities), Zone 7 (regional facilities) · Electrical and natural gas power: Pacific Gas and Electric Co. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 73 March 2004 · Communications: Southwestern Bell (formerlY Padfic Bell). Project Impacts a) Exceed wastewater treatment requirements o//the R WQCB ? NI. The proposed project involves establishing an ultimate precise alignment for Tassajara Road and a portion of Fallon Road and would not generate any quantity of wastewater. No impacts are therefore anticipated. b) Require new water or wastewater treatment //acilities or expansion o/existing facilities ? NI. Since the proposed proiect does not include habitable building space, no new water or wastewater treatment facilities would be needed to serve the widened road. No impacts are anticipated. c) Require new storm drainage facilities ? LS. New storm drain facilities would be needed to accommodate incrementally increased quantities of stocmwater runoff from the widened roadways. New storm drain out/ails are also proposed into adjacent surface bodies of water. As part of the project and as described in the Biological Resources section of this Initial Study, the City will obtain necessary permits from applicable state and federal regulatory agencies. Less-than-significant impacts would therefore result. d) Are sufficient water supplies available? LS. Minor and less-than-significant additional water supplies are necessary to construct the proposed .roadway widening. Water supplies would be required for roadway cleaning purposes and for general construction. e) Adequate wastewater capacity to serve the proposed project? LS. See response to "a," above. e, f) Solid waste disposal? LS. Small quantities of solid waste would be generated by the implementation of the proposed project, which would be construction debris. This amount of solid waste is anticipated to be less-than-significant and can be accommodated in the local sanitary landfill. g) Comply with federal, state and local statutes and regulations related to solid waste? NI. The existing service provider will ensure adherence to federal, state and local solid waste regulations shOuld the proposed reorganization be approved. No impacts are antidpated in this regard. 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 maTor periods of California history or prehistory ? No. The preceding analysis indicates that the proposed project, with adherence to City of Dublin Initial StudyFFassajara Road/Fallon Road Ultimate Precise Alignment Page 74 March 2004 b) c) mitigation measures specified in this Initial Study, will not have a significant adverse impact on overall environmental quality, inclUding biological resources or cultural resources. 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 the proposed project involves widening of an existing arterial roadway in the Eastern Dublin area. The project has been designed to accommodate new growth consistent with the City's adopted Eastern Dublin Specific Plan and General Plan Amendment and adopted land use plans adopted by Contra Costa County. Cumulative effects of constructing the project have been addressed in the Eastern Dublin EIR, adopted by the City of Dublin in 1994. 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 75 Initial StudyfTassajara Road/Fallon Road Ultimate Precise Alignment March 2004 Initial Study Preparers Jerry Haag, Urban Planner, project manager Malcolm Sproul, LSA Associates, biological resources Jane Maxwell, report graphics Agencies and Organizations Consulted The following agencies and orgamzations were contacted in the course of this Initial Study: City of Dublin Melissa Morton, P.E., Public Works Director Lee Thompson, P.E., Public Works Director (former) Michael Stella, P.E., Senior Civil Engineer Mark Lander, P.E., Consulting Engineer Ray Kuzbari, Senior Traffic Engineer Jeri Ram, AICP, Planning Manager Janet Harbin, Senior Planner Alameda County Planning Department Shareen Bausnia, Planning Technician East Bay Regional Park District Steve Fiala, Trails Specialist Larry Tong, Plarming Manager California Department of Toxic Substances Control (DTSC) Website References Dublin General Plan, City of Dublin, Updated through 11 / 5 / 02 Eastern Dublin General Plan, Wallace Roberts & Todd, 1993 Eastern Dublin Sped tic Plan and General Plan Environmental Impact Report, Wallace Roberts & Todd, 1994 Eastern Dublin Comprehensive Stream Restoration Program, Sycamore Associates, 1996 Eastern Dublin Scenic Corridor Polities and Standards, David Gates & Associates, 1996 East County Area Plan, a Portion of the Alameda County Genera/Plan, Alameda County Planning Department, Amended ~ough November, 2000. City ot Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 76 March 2004 Tassajara Road Widening Biological Resources RepOrt, LSA Associates, December, 2003 City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 77 March 2004 List of Mitigation Measu~res Mitigation Measure 1. Visual impacts of extensive grading shall be reduced by sensitive engineering design, by using gradual transitions from graded areas to natural slopes and by revegetation. (Eastern Dublin ErR Mitigation Measure 3.8/4.0) Mitigation Measure 2. Alterations of existing natural contours shall be minimized. Grading shall maintain the natural topography as much as possible, Grading beyond actual development areas shall be for remedial purposes only. (Eastern Dublin ErR Mitigation Measure 3.8 / 4.1) Mitigation Measure 3. Graded slopes shall be re -contoured to resemble existing landforms in the immediate area. Cut and graded slopes shall be revegetated with native vegetation suitable to hillside environments. (Eastern Dublin EIR Mitigation Measure 3.8/4.4) Mitigation Measure 4. The height of cut and fill slopes shall be minimized to the greatest degree possible. Grades for cut and fill slopes should be 3:1 or less wherever feasible. (Eastern Dublin ErR Mitigation Measure 3.8/4.5) Mitigation Measure 5. Street lights installed as part of the road widening plan shall be equipped with cut-off lenses to prevent spill over of light beyond the roadway. Lighting levels shall be limited to the minimum level of illumination.needs for safety purposes. Mitigation Measure 6. Future precise road improvement plans and specifications shall include comprehensive dust control measures for all construction projects, including but not limited to watering of construction sites, daily clean up of dust and mud, revegetation of graded areas and similar steps. (EDSP EIR Mitigation Measure 3.11 / 1.0) Mitigation Measures 7. Future predse road improvement plans and spedfications shall include scheduling of construction of activities during non-peak traffic times, installation of emission controls on construction vehicles and similar steps. (EDSP.EIR Mitigation Measures 3.11/2.0-4.0) Mitigation Measure 8. Pre-construction surveys to determine if western burrowing owl, are present within the area of disturbance of the road widening should be conducted by a qualified biologist no more than 30 days prior to the initiation of any construction related activities. If burrowing owls are observed on or near the project site during these surveys, the project will implement an exclusion zone around the nest location, Exclusion-zones should be 160 feet during the non-breeding season of September 1-January 31. Passive relocation of owls that includes the placement of one-way doors over burrow entrances, allowing owls to exit but not return, may be used at that time. During the breeding season of February 1-August 31, exclusion zones should be at least 250 feet from occupied burrows. All project related activity will occur outside of the exclusion area until the young have fledged (California Department of Fish and Game, 1995). If owls are detected breeding within the construction zone, 6.5 acres of burrowing owl habitat City of Dublin Initial Study/'l'assajara Road/Fallon Road Ultimate Precise Alignment Page 78 March 2004 shall be preserved for each active nest detected. The location-of the preserved habitat shall be determined in consultation with the CDFG. To the fullest extent possible, mitigation areas shall be located on the adjoining property where owl habitat is identified. Mitigation Measure 9. Surveys to determine if California tiger salamander are present within the area of disturbance of the road widening should be conducted by a qualified biologist. These surveys should be conducted in accordance with the protocols outlined by the CDFG. If California tiger salamanders are determined to be present, the project will implement a salvage program. The salvage program will include placement of fencing to prevent movement of salamanders into the project site and trapping in the project area to capture salamanders for relocation to off-site locations. The project shall preserve California tiger salamander habitat at a 1:1 (mitigation area: impact area) replacement ratio. All preserved acreage must be protected in perpetuity by designation as permanent open space with a conservation easement placed over it. The location of the preserved habitat will require the approval of the CDFG. CDFG approved mitigation habitat must be secured prior to construction of the bridge. To the fullest extent possible, mitigation areas shall be located on the adjoining property where tiger salamander habitat is identified. Mitigation Measure 10. Preconstruction surveys for the presence of San Joaquin kit fox shall be completed as required by the Eastern Dublin Specific Plan EIR. If San Joaquin kit fox are observed on or near the project site during these surveys, consultation with the U.S. Fish and Wildlife Service will be initiated and the project will incorporate the Terms and Conditions contained in the Biological Opinion. Mitigation Measures 3.7/18.0 through 19.0 as set forth in the Eastern Dubhn ErR shall also be implemented. Mitigation Measure 11. Measures shall be implemented to ensure California red-legged frogs and western pond turtle are not present within the disturbance area during development. Any project related work in or along the tributaries shall be restricted to the period when these features are dry (usually from mid-summer through October). A USFWS and CDFG approved biologist shall conduct pre-construction surveys to determine if California red-legged frog or western pond turtle are present within this area within three days prior to any construction activities. If any red-legged flogs are found, the biologist shall contact the USFWS to determine if moving them is appropriate. Immediately following the preconstruction survey, ali portions of the project site proposed for grading shall be separated from open space areas by fencing appropriate to prevent California red-legged frogs and western pond turtle from entering the development area. A second survey shall be conducted within the fenced area no earlier than 24 hours before the onset of activities to ensure no California red- legged frogs or pond turtles are entrapped in the construction area by the fence. Any western pond turtles found within this area will be captured and relocated downstream. If relocation of red-legged frogs is allowed by the USFWS, any California red-legged frogs captured will be relocated downstream. Mitigation Measure 12. All trees within the construction zone which will need to be removed for road widening should be cut during the non-nesting season (August 1 to City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 79 March 2004 January 30) in the year prior to when road widening is expected to occur. If tree removal cannot occur as outlined above and must take place when road widening occurs then pre-construction surveys for active nests will be required. Surveys to determine the presence of raptor nests should be conducted by a qualified biologist no more than 30 days prior to the initiation of any construction related activities. If raptors are observed nesting on or near the project site during these surveys, exclusion zones will be established around all active nests. The project will consult with CDFG to determine the size of the exclusion zone, usUally 100-300 feet, around the nest location. All project related activity will occur outside of the exclusion area until the young in the nest have fledge& Mitigation Measure 14. The project will determine the size of the two populations and preserve habitat that supports a known population of Congdon's tarplant at an acreage ratio of 1:1 (preserved: impacted). Mitigation Measure 15. a) Prior to initiation of work in the northern tributary a Creek Restoration Plan will be prepared which spedfies how the disturbed reach of the stream will be placed in a stable condition and its banks revegetated with riparian spedes native to this tributary or Tassajara Creek. This plan will require the review and approval of the Corps, DFG and RWQCB. c) Individual grade control structures will have vertical, drops of no more than two feet or cascade drops of no more than three feet at any spedfic location to allow for unimpeded movement of aquatic species. c) AH potentially jurisdictional areas located adjacent to the project area will be avoided during construction and no fill will be allowed to enter these areas. Exclusion renting (construction or silt fencing) will be installed at the boundary between these features and the active project area to protect them and to delimit the boundary of construction and heavy equipment activity. A biological monitor shall oversee the installation of the fencing and periodically monitor the development sites to document avoidance of the off-site areas. The monitor will provide a report to the City and other agendes docUmenting the avoidance during construction. d) During project construction, no material shall be allowed to enter, or be stored in, any off-site potentially jurisdictional areas. Project related dirt and other material shall be kept at least 50 feet far away from off-site drainage features. All equipment washing will occur downslope from off-site drainage features. Mitigation Measure 16. Final roadway construction plan(s) and specifications shall require mechanical or hand subsurface testing on all locations of prehistoric resources to determine the presence or absence of midden deposits. (Eastern Dublin EIR Mitigation Measure 3.9/1.0) Mitigation Measure 17. Final roadway construction plan(s) and specifications shall requires all locations containing either midden components or concentrations of cultural materials on the surface to be recorded on State of California survey forms. (Eastern Dublin EIR Mitigation Measure 3.9/2.0.) City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 80 March 2004 Mitigation Measure 18. Final roadway construction plan(s) and specifications shall require evaluative testing if proposed development would directly or indirectly impact recorded and mapped location of resources. (Eastern Dublin EIR Mitigation Measure 3.9/3.0) Mitigation Measure 19. Final roadway construction plan(s) and specifications shall require a qualified archeologist to develop protection programs for significant resources whose conditions would be altered by proposed development. (Eastern Dublin EIR Mitigation Measure 3.9/4.0) Mitigation Measure 20. Final roadway construction plan(s) and specifications shall require grading and construction to cease in the event that historic or prehistoric resources are discovered during such activities. (Eastern Dublin EIR Mitigation Measure 3.9/5.0) Mitigation Measure 21. Setbacks shall be established from unstable and potentially unstable landforms as well as use of appropriate project engineering design techniques to ensure safety. (Eastern Dublin EIR Mitigation Measure 3.6/2.0) Mitigation Measure 22. Appropriate grading and design shall be used to completely remove unstable and potentially unstable materials in hillside development areas. (Eastern Dublin Mitigation Measure 3.6/3.0) Mitigation Measure 23. Engineering techniques and improvements, such as retention structures, drainage improvements, pr.operly designed keyways and ad,equate -1 compaction shall be used to improve the stability of fill areas and to rectuce seismica_t y induced fill settlement. (Eastern Dublin EIR Mitigation Measure 3.6/4.0 and 5.0) Mitigation Measure 24. Roads, structural foundations, utilities shall be designed in such a manner as to accommodate estimated settlement without failure, especially across areas of cut and fill. (Eastern Dublin Mitigation Measure 3.6 / 6.0) Mitigation Measure 25. Grading activities shall be timed to avoid the rainy season as much as possible and that interim erosion control measures be taken to control runoff and minimize erosion. (Eastern Dublin EIR Mitigation Measure 3.6 / 27.0) Mitigation Measure 26. Long-term erosion and sedimentation shall be reduced through appropriate design, construction and continued maintenance of surface and subsurface drainage. Future road improvement plan(s) and specifications for this project incorporate erosion control plans for all aspects of the project that would involve trenching, excavation or stockpiling of dirt. The plan(s) shall be prepared by a registered civil engineer and be consistent with applicable City of Dublin and Regional Water Quality Control Board guidelines and standards. (Eastern Dublin EIR Mitigation Measure 3.6 / 28.0) Mitigation Measure 27. A design-level geotechnical investigation shall be prepared to characterize site-specific sods and bedrock conditions and to formulate spedfic design criteria for development projects. (Eastern Dublin EIR Mitigation Measure 3.6/14.0) Page 81 City of Dublin Initial: Study/Tassajara Road/Fallon Road Ultimate Precise Alignment March 2004 Mitigation Measure 28. Specific measures shall be included in future specific roadway plan(s) and specifications to control moisture in the soil to reduce impacts from expansion soil and rock. (Eastern Dublin EIR Mitigation Measure 3.6/15.0) Mitigation Measure 29. Appropriate foundation and pavement design shall be employed, based on a site-specific geotechnical study, for new structures to minimize effects of expansive soil and rock. (Eastern Dublin EIR Mitigation Measure 3.6 / 16.0) Mitigation Measure 30. The proposed project shall incorporate Best Management Practices to minimize stormwater pollution. (Eastern Dublin EIR Mitigation Measure 3.5 / 53.0) Mitigation Measure 31. The proposed project shall meet all water quality standards set forth in the City's NPDES Permit. (Eastern Dublin EIR Mitigation Measure 3.6/54.0) Mitigation Measure 32. The proposed project shall meet water quality standards imposed under the Alameda County Clean Water Program. (Eastern Dublin EIR Mitigation Measure 3.6/55.0) Mitigation Measure 33. Storm drain outfall structures installed as part of the proposed project shall be equipped with storm drain filters as approved by the Dublin Public Works Department. Mitigation Measure 34. Construction Management Plan(s)-shall be fried with the City of Dublin Public Works Department prior to commencement of any construction. The Plan(s) shall identify specific measures to be taken to minimize short-term noise on local resident, including but not limited to limitations on hours of operation for construction, including unloading of material, equipment warm up and tune-up times, and a requirement that all gasoline-powered equipment be equipped with mufflers. (Eastern Dublin EIR Mitigation Measure 3.10/4.0) Mitigation Measure 35. Requires compliance with local noise standards relating to constamction activities, induding limitation on hours of construction operation. (Eastern Dublin EIR Mitigation Measure 3.10/5.0) Mitigation Measure 36. A Traffic Construction Management Plan shall be prepared by the City of Dublin Public Works Department prior to commencement of construction, identifying specific methods to be undertaken to ensure that access to abutting properties is maintained for residents and emergency vehicles. The Management Plan shall be reviewed and approved by the Alameda County Fire Department and Dublin Police Services Department. Key elements of the Traffic Construction Management Plan shall be incorporated into project plans and specifications for implementation by the project contractor. City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 82 March 2004 LSA Report City of Dublin Initial Study/Tassajara Road/Fallon Road Ultimate Precise Alignment Page 83 March 2004 LSA ASSOGIATES, lNG. TASSAJARA ROAD WIDENING I. BIOLOGICAL RESOURCES This section of the report presents information on biological resources found on and in the Project vicinity. The setting section of this chapter describes the habitats and biological resources on the site. Information in this section is used to evaluate the potential impacts of the Project with respect to the significance criteria set forth in the Impacts and Mitigations section. 1. Methods Prior to conducting field work, LSA biologists searched the California Natural Diversity Data Base (CNDDB) (CDFG 2001) and the CNPS Electronic Inventory (2001) to locate records of special status species and sensitive communities/habitats in the general region of East Dublin. Using information from these sources and the biologist's knowledge of plants and wildlife in the Livermore/Amador Valley, lists of potentially occurring special status species and sensitive habitats were developed. LSA biologist David Muth visited the Tassajara Road widening project area on September 25, 2002. LSA botanists Eva Buxton and Greg Gallaugher visited the site on November 19, 2002. All three walked the entire activity area mapping habitats and searcking for sensitive plant communities/habitats and evidence of special status species or habitats that could support such species. Plants and animals observed during the survey were recorded in field notes. 2. Regulatory Context Federal Endangered Species Act. The federal Endangered Species Act (FESA) protects listed species from harm or "take" which is broadly defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. Take can also include habitat modification or degradation that results in death or injury to a listed species. An activity can be defined as "take" even if it is unintentional or accidental. Listed plant species are provided less protection than listed wildlife species. Listed plant species are legally protected from take under FESA if they occur on federal lands or if the project requires a federal action, such as a wetland fill perm/t. The U.S. Fish and Wildlife Service (USFWS) has jurisdiction over federally-listed threatened and endangered species under the FESA. The USFWS als0 maintains lists of'proposed' and candidate species that are not legally protected under the FESA, but which may become listed in the near future and are often included in their review of a project. California Endangered Species Act. The California Endangered Species Act (CESA) prohibits the take of any plant or animal listed or proposed for listing as rare (plants only), threatened, or endangered. In accordance with the CESA, California Deparmaent offish and Game (CDFG) has jurisdiction over state-listed species (California Fish and Game Code 2070), Additionally, the CDFG maintains lists of"species of special concern" that are defined as species that appear to be vulnerable to extinction because of declining populations, limited ranges, and/or continuing threats. California Environmental Quality Act. Section 15380('0) of the California Environmental Quality Act (CEQA) Guidelines provides that a species not listed on the federal or state lists of protected species may be considered rare or endangered if the species can be shown to meet certain specified criteria. These criteria have been modeled after the definitions in FESA and CESA and the section of the ,,hgdC06~PROiXCD U730\TassRdWideningX4i-BIO2.doc (02/06/04) LSA ASSOCIATES, INC, TASSAJARA ROAD WIDENING EIR FEBRUARY 2004 IV, SETTING. IMPAGTS AND MITIGATION MEASURES I. BIOLOGICAL RESOURCES California Fish and Game Code dealing with rare or endangered plar~ts or animals. This section was included in the guidelines primarily to deal with situations in which a public agency is reviewing a project that may have a significant effect on a species that has not yet been listed by either the USFWS or CDFG. Clean l~ater Act. Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (Corps) is responsible for regulating the discharge of fill material into waters of the United States. Waters of the U.S. and their lateral limits are defined in 33 CFR Part 328.3 (a) and include streams that are tributary to navigable waters and their adjacent wetlands. Wetlands that are not adjacent to waters of the U.S. are termed "isolated wetlands" and, depending on the circumstances, may also be subj eot to Corps jurisdiction. In general, a Corps permit must be obtained before placing fill in wetlands or other waters of the U.S. The type of permit depends on the acreage involved and the purpose of the proposed fill. Minor amounts of fill can be covered by a Nationwide Permit. An Individual Permit is required for projects that result in more than a "minimal" impact on jurisdictional areas. Individual Permits require evidence that jurisdictional fill has been avoided to the extent possible and a review of the project by the public. California Water Quality and Waterbody Regulatory Programs. Pursuant to Section 401 of the federal Clean Water Act, projects that are regulated by the Corps must obtain water quality certification from the Regional Water Quality Control Board (RWQCB). This certification ensures that the project will uphold state water quality standards. The RWQCB may impose mitigation requirements even if the Corps does not. The CDFG exerts jurisdiction over the bed and banks of watercourses and waterbodies according to provisions of Section 1601 to 1603 of the Fish and Game Code. The Fish and Game Code requires a Streambed Alteration Permit for the fill or removal of material within the bed and banks of a watercourse or waterbody. Other Statutes, Codes, and Policies. The federal Migratory Bird Treaty Act (16 U.S.C., Sec. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. Most native bird species on the project site are covered by this Act. The California Native Plant Society (CNPS), a non-governmental conservation organization, has developed lists of special status plant species of concern in California (Tibor 200 I). Vascular plants included on these lists are defined as follows: List lA List lB List 2 List 3 LiSt 4 Plants considered extinct. Plants rare, threatened, or endangered in California and elsewhere. Plants rare, threatened, or endangered in California but more common elsewhere. Plants about which more information is needed - review list. Plants of limited distribution - watch list. \kRIC06XPROJ',CDU730\TassRdWidening~i-BIO2.doc (02/06/04) LSA ASSOCIATES, INC. TASSAJARA ROAD WIDENING ErR Although the CNPS is not a regulatory agency and plants on these lists have no formal regulatory protection, plants appearing on List lB or List 2 are, in general, considered to meet CEQA's Section 15380 criteria and adverse effects to these species are considered "significant". a. Existing Conditions. Large portions of the Tassajara Road widening project site were graded over 30 years ago for the existing Tassajara Road roadway. Grading included removing material from high ground areas to lower them and the placement of fill in low areas fonmng a relatively level strip of roadway that was paved to a width of approximately 25 feet. Tassajara Road is a well traveled, heavily used road connecting developed portions of southern Contra Costa County to Interstate 580. The port'ions of the right-of-way that are graded, but not paved, as well as the adjacent ungraded portions of the site, have been heavily disturbed by road construction and maintenance, livestock grazing, and the placement of spoils material. These undeveloped areas support, for the most part, ruderal and non-native grassland plant species. (1) Vegetation and Habitats. Vegetation in the portions of the road widening area that have not previously been disturbed is best described as a mix ofruderal and non-native grassland. Two tributaries to Tassajara Creek cross the road widening project area and contain vegetation best described as riparian. Non-native grassland and ruderal plant communities. The project site passes through several privately held parcels of land, each showing varying degrees of disturbance. Most of the lands on these parcels have been fenced to contain livestock. The fencing is in various stages of decay, removal, or replacement. Grazing intensity varies from heavy to hght. The historic grazing on these lands has fostered the removal of native grasses and forbs that have been replaced by introduced annual grasses and introduced annual forbs. The majority of the undeveloped portions of the project area are dominated by introduced annual grass species including wild oats (Arena si)), ripgut brome (Bromus diandrus), and foxtail barley (Hordeum murinum). A number ofruderal introduced weed species, such as yellow-star thistle (Centaurea solstitialis), Russian thistle (Salsola tragus) and bindweed (Convolvulus arvensis), are also present in this vegetation type. The proportion ofruderal plants to non-native grasses in the activity area appeared to be 50/50. Along both sides of the existing roadbed area, there is a small strip of land located between the paved roadway and the fenced private lands. This strip was originally disturbed during road grading and includes'areas that were cut or filled to level the roadway. This strip appears to be fallow although there was evidence that it is occasionally sprayed to conlrol weeds. The original and continued disturbance, combined with the exclusion of livestock, has again favored weedy species of non-native grasses and ruderal vegetation. Tall ruderal species such as Italian thistle (Carduus pycnocephalus) and black mustard (Brassica nigra) dominated the vegetation in this strip. The lack of grazing has also permitted several trees such as valley oak (Quercus lobata) and almond (Prunus dulcis) to establish. One portion of private land in the project area on the west side of Tassajara Road has been used to stockpile spoils material. The elevation of this site has been raised two to four feet and the spoils material has covered the original vegetation growing on the site. Ruderal plant species similar to those mentioned above dominate this site. \h~IC06',PROJ~CDU730\TassRdWideningX4i-BIO2.doc (02../06/04) 3 LgA ASSOCIATES, INC. FEBRUARY ~00~ TA$$AJARA ROAD WIDENING EIR IV, SETTING, IMPACTS AND MITIGATION MEASURES I. BIOLOGICAL RESOURCES Riparian. Two tributaries to Tassajara Creek cross the project site. The northern most tributary is located approximately a quarter of a mile south of the Conlra Costa/Alameda county line. The upstream portion of this tributary, east of Tassajara Road, has been slightly downcut so that the banks are steeply rounded and approximately 10 feet high. Valley oaks and willows (Salix sp.) grow along the banks and at the edge of the channel, which was dry at the time of the site visit. The tributary enters a culvert to cross under Tassajara Road. The portion of the Iributary downstream of (to the west of) the road has been severely eroded and has become deeply incised. Banks in this area are very steep extending 20 to 30 feet above the channel bottom. A few small willows were observed growing around a small earthen pool in the channel bottom, otherwise the banks are largely barren. The southern most tributary was also dry, but densely vegetated with r/parian tree species. Trees observed included numerous valley oak, willows, and cottonwood (PopulUsfremontii). The tributary passes under Tassajara Road in a culvert. (2) Wildlife Values. Wildlife associated with the Tassajara Road Widening project site are species such as ground squirrel (Spermophilus beecheyi), black-tailed hare (Lepus californicus) and morning dove (Zenaida rnacroura) adapted to dry grassland conditions and generalist species such as Brewer's blackbird (Euphagus cyanocephalus), coyote (Canis latrans), western fence lizard (Sceloporus occidentalis), and racoon (Procyon lotor), that can use a variety of habitat types including disturbed grassland and mderal areas. A nest typical of those constructed by a small raptor was observed in one of the valley oaks along the ex/sting roadway. No other stick nests were observed. Several raptor species are likely to perch in the on-site or adjacent trees. A red-tailed hawk (Buteojamaicensis) nest is present just outside the project area to the west in a eucalyptus. Many species ofraptor forage over the site. Aquatic and semi-aquatic species such as mosquito fish (Garnbusia affinis), California roach (Lavinia symrnetricus), and western pond turtle (Clemrnys marmorata), are likely to occur in and along the tributaries to Tassajara Creek when and where water is present. Many species will use riparian corridors as movement corridors. (3) Sensitive Habitats. The CNDDB reports seven sensitive habitats in the general Dublin/Livennore area; alkali meadow, alkali seep, cis-montane alkali marsh, sycamore alluvial woodland, valley needlegrass grassland, and valley sink scrub. None of these sensitive habitats occur within the Tassajara Road widening area. The parcel of land located west of Tassajara Road and immediately north of the southern most tributary (Wallis Ranch) may support plants similar to those in alkali meadows. The portions of the parcel in the project site do not meet the criteria for this vegetation type. None of the other habitats have been reported from or were observed nearby. The two tributaries to Tassajara Creek that cross the project area appear to meet the definition of jurisdictional waters of the United States. No other potential waters or wetlands were observed on the project site. The approximate jurisdictional area is 9,000 square feet (0.21 acres), all of which is located in the two tributaries. (4) Special Status Species. For the purpose of this EIR, special status species are defined as follows: \q~IC06\PROJ,,CDU730\TassRdWideningXAi-BIO2,doc (02/06/04) 4 LSA ASSOCIATES. INC. TASSAJARA ROAD ~WIDENII'IO EIR FEBRUARY 2001 IV. SETTING. IMPACTS AND MITIOATION MEASURES I. BiOLOOICAL RESOURCES · Species that are listed, formally proposed, or designated as candidates for listing as threatened or endangered under the Federal Endangered Species Act. · Species that are listed, or designated as candidates for listing, as rare, threatened, or endangered under the California Endangered Species Act. · Plant species on List IA, List lB, and List 2 in the California Native Plant Society's (CNPS) Inventory of Rare and Endangered Vascular Plants of California (Tibor, 2001). · Wildlife species listed by the California Department of Fish and Game (CDFG) as species of special concern, or as protected or fully protected species. ° Species that meet the definition of rare, threatened, or endangered under the California Environmental Quality Act (CEQA). (Under Section 15380 of the CEQA Guidelines, a species not included on any formal list "shall nevertheless be considered to be endangered, rare or threatened if the species can be shown to meet the criteria for listing.") · Considered to be a taxon of special concern by local agencies. Plant Species. Table A presents a list of nineteen special-status plant species considered potentially occurring in the Livermore/Amador Valley vicinity. Fifteen of the species on this list were eliminated from consideration because the necessary habitats that support them were absent from the project area (Tibor, 2000). Possible habitat for caper-fruited tropidocarpum is present. However, the extent of habitat disturbance on the project site, and the fact that this species is considered extinct, make its presence so unlikely that it has also been eliminated from consideration. Habitats in the Tassajara Road widening project site are suitable for big tarplant, San Joaquin spearscale, and Congdon's tarplant. The mderal/non-native grassland located in the undeveloped portions of the site would be considered marginal habitat for these three species. These species were identifiable at the time of the surveys and big tarplant and San Joaquin spearscale were not observed. These two species should be considered unlikely to occur on the site. Congdon's tarplant was observed on the site in a heavily grazed field on the west side of Tassajara Road, just north of the southmost tributary to Tassajara Creek (Walhs Ranch). Several additional populations were observed in the same field outside of the project area. A small number ofCongdon's tarptants (5 or 6) were also observed on the east side of the project at the Silvera Ranch Property. Wildlife Species. Table B presents a list of nineteen special-status wildlife species considered to potentially occur in the Livermore/Amador Valley. Twelve of the species on the list were eliminated from consideration because suitable habitat for them is not present on the site. California homed lark was considered but eliminated as well. California homed lark will nest in short-grass grasslands similar to those present within the road widening project area, but prefer undisturbed sites with greater mounts of suitable habitat present. The project site grasslands are located within several yards of Tassajara Road and California homed larks are also unlikely to nest this close to the road. California tiger salamanders live in rodent burrows or other retreat sites located in grassland habitats. They breed in seasonal ponds and vernal pools. The grasslands within the project boundaries represents suitable habitat for adult California tiger salamanders and burrows suitable for use by this species were observed in several locations along the project alignment. The species is known to breed \XRIC06XPROJ',CDU 730\TassRdWidening~4i-BIO2.doc (02/06/04) LSA ASSOCIATES, INC. TASSAJARA ROAD WIDENING EIR FEBRUARY 2004 IV. SETTING, IMPACTS AND MITIGATION MEASURES I; BIOLOGICAL RESOURCES in ponds m this area of East Dublin. Catifomia tiger salamander may live m burrows located in the grasslands along the road corridor or cross the project site while migrating. California red-legged frog and western pond turtle occur in creek habitats similar to those present in the thbutaries to Tassajara Creek. Both species have been observed in Tassajara Creek immediately west of the road corridor and California red-legged frog has been reported from upsl~eam locations irt both of the two tributaries that cross the project site. The presence of the roadway, and its associated traffic, within the project right of way severely reduces the suitability of the upland communities as potential upland habitat or migration corridors for these two species. California red-legged frog and western pond turtle are likely to use or occupy the sections of the tributaries to Tassajara Creek within the Tassajara Road Widening project site. San Francisco dusky-footed woodrats build stick nests in scrub and forest communities hucludmg riparian forests. The dense riparian vegetation located along the southern tributary to Tassajara Creek appears suitable for the San Francisco dusky-footed woo&at. No woo&at nests were observed in the southern tributary riparian vegetation during our site visits. The species is unlikely to be effected by the Tassajara Road Widening project. Suitable nesting habitat is present for white-tailed kite and other nesting raptors. One nest typical of those constructed by smaller sized raptors, such as a kite, was observed in one of the taller trees along the existing roadway. White-tailed kite or other species ofraptor could nest within the project area. Western burrowing owls forage in grassland and ruderal habitats like those along the road widening project area. This species occupies ground squirrel burrows in these habitats. Numerous ground squirrel burrows suitable for use by burrowing owl were observed within the road comdor. These burrows provide suitable habitat for burrowing owl and the presence of this species cannot be ruled out. Bats including pallid bat and Townsend's big-eared bat are known to roost under bridges and culverts. The slructure associated with the culvert over the southern Wibutary to Tassajara Creek may provide suitable habitat for colonies of roosting bats. Several surveys for San Joaquin kit fox have been conducted in the project area. No kit fox or sign of kit fox presence has been detected during these surveys and there are no verified incidental observations of kit fox from the East Dublin area. The likelihood of their presence within the road comdor is very low. The U.S. Fish and Wildlife Service considers the location of the road corridor to be suitable kit fox habitat and potentially occupied by the species. 2. Impacts And Mitigation Measures a. Criteria for Significance. The proposed project would have a significant knpact on biological resources if it would: · Substantially diminish habitat for fish, wildlife, or plants or threaten to eliminate a plant or animal community; \kRIC06XPROACDU 730\TassRdWidening~4i-BIO2.doc (02/06/04) · Substantially affect a rare, threatened, or endangered plant or animal species (including those species that meet the definition of rare and endangered according to CEQA), or the habitat of such species; · Interfere substantially with the movement of any resident or migratory fish or wildlife species; · Cause a fish or wildlife population to drop below self-sustaining levels; or · Create runoffthat significantly impact wildlife habitat. b. Impacts and Mitigation Measures. This section describes potential impacts to biological resources that occur or are likely to occur within the Tassajara Road widening project area. This section also includes the measures necessary to reduce significant impacts to biological resources to a less-than-significant level. (1) Less-than-Significant Biological Resource Impacts. The proposed widening of Tassajara Road will result in loss of about 10.5 acres of non-native ruderal and grassland plant communities. These communities occur on the site as the result of historical disturbance and livestock grazing that allowed introduced non-native plants to colonize and displace the native plant species that existed here. These non-native habitats are presently common throughout the State of California. The loss of non-native grassland as a community in the East Dublin area would not be considered significant. (2) Significant Biological Resource Impacts. The Tassajara Road Widening project could result in significant impacts to 9000 square feet of waters of~e US, populations ofCongdon's tarplant, California tiger salamander, California red-legged frog, western pond turtle, roosting bats, burrowing owl, and raptors nesting in trees on and adjacent to the project site. These potential impacts will requ/re mitigation to reduce their level to insignificant. Impact BIO-l: Construction of the northern tributary bridge and removal of the existing culvert at this location will require realignment or disturbance of an approximately 700 foot reach of this stream and the installation of a series of stabilized drops in the' stream channel. The existing culvert has an approximately 10 foot vertical drop at its downstream end which will need to be replaced by smaller changes in stream elevation over a longer section of stream channel to allow for unimpeded movement of terrestrial and aquatic wildlife. Segments of existing stream bank within this 700 foot reach which are not realigned will be graded to a stable slope angle from their near vertical condition. This work will result in the removal of all riparian vegetation growing within and along this reach of the northern tributary and the temporary dislocation of all wildlife species associated with it. The proposed stream realignment and installation of grade control structures associated with culvert removal and bridge construction in the nOrthern tributary would be a potentially ' significant impact. This work will be subject to the jurisdiction of the U.S. Army Corps of Engineers (Corps), California Department of Fish and Game (DFG) and Regional Water Quality Control Board (RWQCB) and permits from ali of these agencies will be required for this work. Mitigation Measure BIO-la: Prior to initiation of work in the northern and southern tributaries a Creek Restoration Plan will be prepared which specifies how the disturbed reach of these streams w/Il be placed in a stable condition and their banks revegetated with ripman species native to this -/ \~RiC06X, PROJXCDU 730\TassRdWidening\4i-BIO2.doc (02/06/04) LSA ASSOCIATES. INC. TASSAJARA ROAD WIDENING EIR FEBRUARY 2004 IV, SETTING, IMPACTS AND MITIGATION MEASURES I. BIOLOGICAL RESOURCES tributary or Tassajara Creek. This plan will require the review and approval of the Corps, DFG and RWQCB. Mitigation Measure BIO-lb: Individual grade control structures will have vertical drops of no more than two feet or cascade drops of no more than three feet at any specific location to allow for unimpeded movement of aquatic species. Mitigation Measure BIO-lc: All potentially jurisdictional areas located adjacent to the project area will be avoided during construction and no fill will be allowed to enter these areas. Exclusion fencing (construction or silt fencing) will be installed at the boundary between these features and the active project area to protect them and to delimit the boundary of construction and heavy equipment activity. A biological monitor shall oversee the installation of the fencing and periodically monitor the development sites to document avoidance of the off-site areas. The monitor will provide a report to the City and other agencies documenting the avoidance during construction. Mitigation Measure BIO-Id: During project construction, no material shall be allowed to enter, or be stored in, any off-site potentially jurisdictional areas. Project related dirt and other material shall be kept at least 50 feet far away from off-site drainage features. All equipment washing will occur downslope from off-site drainage features. (LTS) Impact BIO-2: Construction of the southern tributary bridge and removal of the existing culvert would require removal of riparian vegetation along an approximately 48 foot reach of this stream. Native trees found at this location consist of coast live oak, valley Oak, and arroyo willow. Construction of the bridge precludes tree reestablishment but does provide the opportunity for herbaceous or shrub vegetation to become established, primarily at the upstream and downstream ends of the structure. When complete installation of the bridge will allow unimpeded movement up and down the stream corridor by terrestrial and aquatic wildlife. This work will be subject to the jurisdiction of the Corps, DFG, and RWQCB and permits from all of these agencies will be required for this work. Implement Mitigation Measures BIO-la to Bio-Id. Impact BIO-3: The road alignment encroaches on the upper bank of a portion of a cutoff oxbow bend in the creek channel. The project proposes to install a 160 foot long retaining wall with a maximum height of approximately twelve feet at this location to prevent the need to f'ffi a portion of the oxbow which is a jurisdictional feature. All existing riparian vegetation and this portion of the natural channel bank will be removed at the location of the wall. Construction of the retaining wall is subject to the jurisdiction of the California Department of Fish and Game (DFG) and a Streambed Alteration Agreement will need to be obtained from DFG for its construction. As the retaining wall is a mitigation feature of the project designed to minimize lOss of riparian habitat and jurisdictional area no additional mitigation beyond conforming with Measures BIO-la to BIO-ld is necessary for its construction, \~IC06'~PROJ~CDU730~Ta~sRdWideningX4i-BIO2.doc (02/06/04) LSA ASSOCIATES. INC. TASSAJARA ROAD WIDENING FEBRUARY 2004 IV, SETTING, IMPACTS AND MITIGATION MEASURES I. BIOLOGICAL RESOURCES Impact BIO-4: The project will result in the removal of approximately 10.5 acres of grassland habitat for western burrowing owl and California tiger salamander. Construction activity could result in the removal or disturbance of occupied burrows. Mitigation Measure BIO-4a: Pre-construction surveys to determine if western burrowing owl, are present within the area of disturbance of the road widening should be conducted by a qualified biologist no more than 30 days prior to the initiation of any construction related activities. If burrowing owls are observed on or near the project site during these surveys, the project will implement an exclusion zone around the location of all occupied burrows. Exclusion zones should be 160 feet during the non-breeding season of September 1-January 31. Passive relocation of owls that includes the placement of one way doors over burrow entrances, allowing owls to exit but not return, may be used at that time. During the breeding season of February 1-August 31, exclusion zones should be at least 250 feet from occupied burrows. All project related activity will occur outside of the exclusion area until the young have fledged (California Department offish and Game, 1995). If owls are detected breeding within the construction zone, 6.5 acres of burrowing owl habitat will be preserved for each active nest detected. The location of the preserved habitat will be determined in consultation with the CDFG. Mitigation Measure BIO-4b: Surveys to determine if California tiger salamander are present within the area of disturbance of the road widening should be conducted by a qualified biologist. These surveys should be conducted in accordance with the protocols outlined by the CDFG (CDFG, 1997). If California tiger salamanders are determined to be present on the project site, the project will implement the following. A salvage program will include placement of fencing to prevent movement of salamanders into the project site and trapping in the Project area to capture salamanders for relocation to off-site locations. The project shall preserve California tiger salamander habitat at a 1:1 (mitigation area: impact area) replacement ratio. All preserved acreage must be protected in perpetuity by designation as permanent open space with a conservation easement placed over it. The location of the preserved habitat will require the approval of the CDFG. CDFG approved mitigation habitat must be secured prior to road widening. Mitigation Measure Bio-4c: If San Joaquin kit fox are observed on or near the project site during these surveys, consultation with the U.S. Fish and Wildlife Service will be initiated and the project will incorporate the Terms and Conditions contained in the Biological Opinion. Impact BIO-5: Culvert removal and bridge construction could result in the removal or disturbance of California red-legged frog and western pond turtle living within the construction area. These impacts will require the Corps of Engineers to enter into a Section 7 Endangered Species Act consultation with the USFWS as part of the Corps permit process. \xRIC06~PROJ~CDU730\TassRdWidening~4i-BIO2.doc (02/06/04) 9 TASSAJA~A ROAD WIDENING LSA ASSOCIATES, INC. IV, SETTING, IMPACTS AND MITIGATION MEASURES FEBRUARY ~0o~, I. BIOLOOICAL RESOURCES Miff Ration Measure BIO-5 a: Implementation of Mitigation Measure BIO- 1 a and BIO-lb will mitigate for impacts to aquatic habitats for California red-legged frog and western pond turtle. The replacement of the existing culVerts with bridges will increase red-legged frog habitat and pond turtle habitat and remove bamers to their movement. Mitigation Measure BIO-5b: The project shall implement measures to ensure California red- legged frogs and western pond turtle are not present within the disturbance area during development. Any project related work in or along the tributaries or adjacent to the ox-bow shall be restricted to the period when these features are dry (usually from md-summer through October). A USFWS and CDFG approved biologist shall conduct pre-construction surveys to determine if California red-legged frog or western pond turtle are present within these areas within three days prior to any construction activities. If any red-legged frogs are found, the biologist shall contact the USFWS to determine if moving them is appropriate. Immediately following the preconstruction survey, all portions of the project site proposed for grading shall be separated from open space areas by fencing appropriate to prevent California md-legged frogs and western pond turtle from entering the development area. A second survey shall be conducted within the fenced area no earlier than 24 hours before the onset of activities to ensure no California red-legged frogs or pond turtles are entrapped in the construction area by the fence. Any western pond turtles found within this area will be captured and relocated downstream. If relocation of red-legged frogs is allowed by the USFWS, any California red-legged frogs captured will be relocated downstream. Impact BIO-6: The project could result in the removal or disturbance of occupied raptor nests. Mitigation Measure BIO-6: All trees within the construction zone which will need to be removed for road widening should be cut during the non-nesting season (August 1 to January 30) in the year pr/or to when road widening is expected to occur. If tree removal cannot occur as outlined above and must take place when road widening occurs then pre-construction surveys for active nests will be requ/red. Surveys to determine the presence ofraptor nests should be conducted by a qualified biologist no more than 30 days prior to the initiation of any construction related activities. Ifraptors are observed nesting on or near the project site during these surveys, exclusion zones will be established around all active nests. The project will consult with CDFG to determine the size of the exclusion zone, usually 100-300 feet, around the nest location. All project related activity will occur outside of the exclusion area until the young in the nest have fledge& Impact BIO-7: The project could result in the removal or disturbance of an occupied bat roost. _Mitigation Measure BIO-7: Surveys of the existing culvert structure under the southern,most tributary to Tassajara Creek should be conducted by a qualified biologist no more than 30 days prior to the initiation of any construction related activities to detme if roosting bats are present. 10 ','a~IC06~PROACDU730\Tas s RdWideningX4i-BIO2.doc (02/06/04) TASSAJARA ROAD WIDENING LSA ASSOCIATES, INC. IV.SETTING, IMPACTS AND MITIGATION MEASURES FEBRUARY 2004 I. BIOLOGICAL RESOURCES If a bat roost is observed during these surveys, the biologist w/Il determine the type of roost, (daytime, nighttime, or maternity), and conslruction on and in the immediate vicinity of the crossing will stop until the bats have been excluded from the roost site. If a nighttime roost is present, any demolition work on the culvert will be limited to daytime hours when bats are not present. If a daytime roost is present, the roost site w/Il be outfitted with bat exclusion devices that allow bats to exit the roost site, but not return. Removal of the culvert will begin only after the biologist has determined that the roost has been successfully abandoned, If a maternity roost is present, the exclusion zone will remain in place until the young have fledged. After fledging, bats will be excluded and the culvert removed as specified for a daytime roost. Both new bridges should be designed to permit bats to establish roosts, after consumction. Impact BIO-8: The project will result in the removal of two small populations of Congdon's tarplant. The population on the Wallis Ranch is located within the proposed roadbed and will be removed as part of project grading. The population on the Silveria Ranch will be removed during grading to reduce landslide potential on adjacent hillsides. Mitigation Measure Bio-8a: The project will determine the size of the two populations and preserve habitat that supports a known population of Congdons tarplant at an acreage ratio of 1:1 (preserved: impacted). 11 \h~LIC06XPROJ\CDU730\TassRdWidening~i-B IO2.doc (02/06/04) REFERENCES American Ornithologist's Union (AOU). 1998. Allen Press, Lawrence, Kansas. 1998. Check-List of North American Birds. 7th edition. California Department ofFish and Game. 1995. Staff Report on Burrowing Owl Mitigation. Memo to Div. Chiefs from C.F. Raysbrook, Interim Director. Sacramento, Ca. October 17, 1995. California Department of Fish and Game, 1997. Survey Protocol for California Tiger Salamander (Ambystoma californiense). CDFG Informational Leaflet No. 44. Califomia Department of Fish and Game. 2002. California Natural Diversity Data Base search of the USGS 7.5 m/nute Altamont, Livermore, Tassajara, and Pleasanton quadrangles. California Native Plant Society. 2002 CNPS Electronic Inventory search of the USGS 7.5 minute Altamont, Livermore, Tassajara, and Pleasanton quadrangles. Tibor, D.P. 2001. Inventory of Rare and Endangered Vascular Plants of California. Special Publication #1, 5th Ed. California Native Plant Society, Sacramento, California. 1994. Williams, D.F. 1986. Mammalian Species of Special Concern in Califo~ia. Wildlife Management Division Admin. Report 86-1. California Department ofFish and Game. June 1986. \',RIC06~RO J~CDU730\TassRdWidening~4i-BIO2.doc (02/06/04) 12 TA$ SAJARA ROAD LSA ASSOCIATES. INC. I~. ~ETTING, IMPACT~ AND MITIGATIONMEA~U~ES FEBKUARY 2004 I. BIOLOGICAL Table A - Special-Status Plant Species, Livermore/Amador Valley Species Status' (Federal/State/CNPS) Habitat Notes Suitable Habitat Present on Site Arcrostaphylos auriculata Mt. Diablo manzanita Arctostaphylos manzanita ssp laevigata Contra Costa marrzanita Atriplex joaquiniana San Joaquin spearscale Balsamorhiza macrolepis var macrolepis Big-scale balsamroot Blepharizonia plumosa ssp plurnosa Big tarplant Calochortus pulchellus Mt. Diablo fairy-lantern Cordylanthus palmatus Palmate-bracted bird's-beak Deinandra bacigalupi Liverrnore tarplant Dirca occidentalis Western leatherwood Eriogonum truncatum Mt. Diablo buckwheat Helianthella castanea Diablo helianthella --/--/List lB --/--/List lB --/--/List lB -/-/List lB -/-/List lB -/-/List lB FE/SE/List lB --/--/List lB -/-/ListlB -/--/List lA --/--/List lB Chaparral and woodlands usually on siliceous shale soils; blooms January-March Chaparral and woodlands usually in rocky soils; blooms January-February Grasslands and seasonal wetlands w/th alkaline soils; blooms Apr/l-November Thin, rocky soil on hillsides, sometimes on serpentine, grasslands and woodlands; blooms Mar-ch-June Thin soils in grasslands; blooms July-October Openings in chaparral, coastal scrub, and associated grasslands; blooms April-June Alkaline vernal pools and seasonal wetlands; blooms May-October Alkaline meadows and seeps; blooms June-October Occurs in variety of forest and woodland habitats; blooms January-April Occurs in sandy soils of grassland, scrub and chaparral habitats on hillsides; blooms Apr/l-September Thin, rocky soil, grassy hillsides, 500-4,000 feet; foothill woodland, chaparral; blooms April-May No No Yes Yes No No No No No No P :\CPU730\TassPatWidening\WLivermoreSSSPlant-doc (02/06/04) TASSAJARA ROAD WIDENING EIR LSA ASSOCIATES. INC. IV. SETTING, IMPACTS AND MITIGATIONMEASURES FEBRUARY 2004 l, BIOLOGICAL RESOURCES Species Status' (Federal/State/CNPS) Habitat Notes Suitable Habitat Present on Site Hemizonia parryi ssp. congdonii Congdon's tarplant Hesperolinon breweri Brewer's dwarf flax Malacothamnus hallii Hall's bush mallow Phacelia phacelioides Mt. Diablo phacelia Sanicula saxatilis Rock sanicle Streptanthus albidus ssp peramoenus Most beautiful jewel flower Streptanthus hispidus Mt. Diablo jewel flower Tropidocarpum capparideum Caper-fi'uited tropidocarpum --/ /List lB --/ /List lB --/--/List lB --/--/List lB -/-/List lB --./-/List lB --/ /List lB --/--/List lA Alkaline or saline clay soil in annual grasslands in valleys; blooms June-November. On serpentine soil, chaparral and oak woodland; blooms May-July Chaparral habitats; blooms May-September Rocky soils in chaparral and woodland habitats; blooms Apr/l-May Rocky soils in chaparral, forests, and associated grasslands; blooms Apr/l-May Serpentine soils in grasslands and chaparral; blooms Apr/l- June Rocky soils in grasslands and chaparral on hillsides; blooms March-June Alkaline-clay soils in grassland, oak woodland on hillsides; blooms March-April Yes No No No No No No Yes *Status: FE = federally listed as "endangered;" SE = State listed as "endangered;" List 1 = rare and endangered throughout its range (A - presumed extinct; B - still existing). P:\CD U730\TassRdWidening\WLivermomSS SPlant~ doc (02/06/04) TASSAJARA ROAD WIDENING EI~ LSA ASSOCIATES, II~G. IV.SETTING, IMFACTS AND MITIGATION MEASURES FEBRUARY 2004, I. BIOLOGIGAL RESOUROES Table B - Special-Status Wildlife Species, Livermore/Amador Valley Status* Species Federal/ Habitat Notes State Suitable Habitat Present on Site Branchinecta lynchi Vernal pool fairy shrimp Ambystoma californiense California tiger salamander Rana aurora draytonii California red-legged frog Rana boylii Foothill yellow-legged frog Clemmys marmorata Western pond turtle Masticophis lateralis euryxanthus Alameda whipmake Aquila chrysaetos (nesting) Golden eagle Falco peregrinus anatum (nesting) American peregrine falcon Accipiter striatus (nesting) Sharp-shinned Hawk Accipiter cooperi (nesting) Coopers Hawk Elanus caeruleus White-tailed kite Speotyto cunicularia hypugea (nesting) Western burrowing owl Eremophila alpestris (nesting) California homed lark Agelaius tricolor (nesting) Tricolored blackbird Neotoma fuscipes annectens San Francisco dusky-footed woodrat Vulpes macrotus mutica San Joaquin kit fox Antrozous pallidus (roosts) Pallid bat C/SC FT/SC -/SC -/SC FT/ST BA/SC -4SE 4SC 4SC 4CFP 4SC -/SC -/SC 4SC FE/ST -/SC Vemal pools and other ponding seasonal wetlands Seasonal ponds; upland grassland/savarma for estivation Ponds and streams Perennial creeks and streams usually with cobble bottoms Ponds and streams Scrub and associated grasslands Large trees for nesting; Nests on cliffs, forages over variety of habitats Nests in dense woodlands and forests, forages in same Nests in trees in woodlands, forages in a varietyof habitats Nests in trees and tall shrubs, forages over a variety of habitats Grassland/pastureland; nest in ground squirrel dens Large patches of well grazed grassland Nests in dense emergent vegetation Riparian, woodland, and upland scrub habitats Grassland, savanna, and other open habitats Roosts in caves, runnels, buildings; forages over variety of habitats No Yes Yes No Yes No No No No No Yes Yes Yes No No No No P:\CDU730\TassRdWidening\WLiverm oreSSSWildlife, doc (02/06/04) TA$SAJARA ROAD WIDENING LSA ASSOCIATES, INC. FEBRUARY 2004 IV. SETTING. IMPACTS AI~ID MITIGATION MEASURES I. BIOLOGICAL RESOURCES Species Status* Federal/ State Habitat Notes Suitable Habitat Present on Site Plecotus townsendii townsendii (roosts) Townsend's big-eared bat Eumops perotis californicus Califomia mastiff bat -/SC -/SC Roosts in caves, runnels, buildings; forages over variety of habitats Roosts in crevices of large outcrops; forages over wide variety of habitats No No FE = federally listed as endangered FT = federally listed as threatened C = candidate for listing as threatened or endangered BA= Federal Bald Eagle Act SE = California listed as endangered ST = California listed as threatened SC = California species of special concern CFP=Califomia fully protected p :\CDU730\TaSsRdWidening\WLivermoreS SSWildtife.do ¢ (02/06/0,*)