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HomeMy WebLinkAboutItem 6.2 Nielsen Property Residential Project Attch 3i~~ - ~~~ ~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CERTIFYING FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER CEQA FOR THE NIELSEN PROPERTY RESIDENTIAL PROJECT (6407 TASSAJARA ROAD - APN 985-0002-009-02) PA 07-057 WHEREAS, Robert Nielsen submitted applications for the creation of thirty-four (34) residential lots on the property located at 6407 Tassajara Road in the City of Dublin ( Alameda County Assessor's Parcel Number (APN) is 985-0002-009-02) ("Project Site"). The maximum number of dwelling units that would be located on the Project Site are thirty-six (36). The project includes applications for the following: (1) a General Plan Amendment and Eastern Dublin Specific Plan Amendment to modify the land use designation from Rural Residential/ Agriculture to Single Family Residential and to reduce the width of on-site streets; (2) a Planned Development Rezone with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan from PD- RR/A to PD-SFR to allow construction of up to 36 dwellings on 34 lots on the Project Site; and (3) a Vesting Tentative Subdivision Map for the Project Site. The applications are collectively known as the "Project"; and WHEREAS, the Project is located in Eastern Dublin and the Eastern Dublin Specific Plan area, for which the City Council certified a Program Environmental Impact Report by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May 10, 1993 (incorporated herein by reference). The Eastern Dublin EIR identified significant impacts from development of the Eastern Dublin area, some of which could not be mitigated to less than significant. Upon approval of the Eastern Dublin General Plan Amendment and Specific Plan, the City Council adopted environmental findings, mitigations, a mitigation monitoring program, and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein by reference) in accordance with the requirements of the California Environmental Quality Act ("CEQA"); and WHEREAS, significant unavoidable impacts were identified in the Eastern Dublin EIR that apply to the Project and Project site, therefore, any Project approval must be supported by a Statement of Overriding Considerations; and WHEREAS, in compliance with the requirements of CEQA, the City prepared an Initial Study to determine if the proposed Project would require additional environmental review beyond that analyzed in the Eastern Dublin EIR. The Initial Study found that many anticipated impacts of the proposed Project have been adequately addressed in the Eastern Dublin EIR. This is consistent with the comprehensive environmental analysis undertaken as part of the Eastern Dublin EIR with a 20-30 year build-out horizon. Although the Initial Study concluded that the Eastern Dublin EIR adequately analyzed most of the potential environmental impacts of the proposed Project, it also identified the potential for certain new significant impacts or substantially more severe impacts beyond those analyzed in the Eastern Dublin EIR. The City of Dublin determined that the potential for new and/or substantially more severe impacts required ATTACHMENT 3 1 ~37 75e~ ~ preparation of a supplemental EIR for certain impact areas pursuant to the requirements of CEQA; and WHEREAS, the City circulated a Notice of Preparation, dated May 23, 2008, with the Initial Study to public agencies and interested parties for consultation on the scope of the supplemental EIR. The City also conducted a public scoping meeting on June 18, 2008; and WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City prepared a Draft Supplemental Environmental Impact Report (DSEIR) dated January 2009 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project beyond those analyzed in the Eastern Dublin EIR (See Exhibit D, incorporated herein by reference). The DSEIR confirmed that many aspects of the Project were within the scope of the Eastern Dublin program and that the certified Eastern Dublin EIR adequately described these aspects of the Project for CEQA purposes; and WHEREAS, the DSEIR was circulated for public review from February 2, 2009 to March 25, 2009; and WHEREAS, the City received comment letters from State and local agencies and interested parties during the public review period. In accordance with the requirements of CEQA, the City prepared written responses to all the comments received during the public comment period. The City prepared a Final Supplemental EIR (FSEIR), dated April 2010, for the proposed Project which included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the DSEIR. The FSEIR incorporates the DSEIR. The responses to comments provide the City's good faith, reasoned analysis of the environmental issues raised by the comments (Exhibit E, incorporated herein by reference); and WHEREAS, the City carefully reviewed the comments and written responses and determined that the FSEIR, including the clarifications and minor corrections to the DSEIR, do not constitute significant new information requiring recirculation of the DSEIR under the standards in CEQA Guidelines section 15088.5; and WHEREAS, the FSEIR, including comments and responses, reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project; and WHEREAS, the FSEIR and related Project and environmental documents, including the Eastern Dublin EIR, and all of the documents relating to the Project are incorporated herein by reference, and are available for review in the City planning division at the Dublin City Hall, file PA 07-057, during normal business hours. The location and custodian of the FSEIR and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file PA 07-057; and WHEREAS, the Planning Commission reviewed the staff reports, and the FSEIR at a duly noticed public hearing on April 27, 2010 at which time all interested parties had the opportunity to be heard. Following the hearing and based on the record before it, the Planning Commission adopted Resolution 10-18 recommending certification of the Final Supplemental Environmental Impact Report and adoption of environmental findings under CEQA for the Project and Resolution 10-20 recommending approval of the Project, both of which resolutions are incorporated herein by 2 )~.3~~ ~~ reference and available for review at the Planning Division in City Hall at 100 Civic Plaza, Dublin, CA 94568; and WHEREAS, a staff report, dated May 18, 2010 and incorporated herein by reference, described and analyzed the Project for the City Council and contained information on the Eastern Dublin EIR and FSEIR; and WHEREAS, on May 18, 2010, the City Council conducted a duly noticed public hearing on the Project and the FSEIR at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the staff report, the Eastern Dublin EIR, the FSEIR, including comments and responses, and all other information in the record on the Project; and WHEREAS, the FSEIR reflects the City's independent judgment and analysis on the potential for environmental impacts for the Project ; and WHEREAS, the Project would have significant supplemental effects on the environment, which can be substantially reduced through supplemental mitigation measures, except for visual impacts; therefore, approval of the Project must include mitigation findings as set forth in attached Exhibit A; and WHEREAS, the FSEIR identified the Project's effects due to visual impacts as significant and unavoidable and cannot be lessened to a level of less than significant; therefore, approval of the Project must include findings regarding alternatives as set forth in attached Exhibit B, and must include a Statement of Overriding Considerations as set forth in attached Exhibit C; and WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is contained in the Final EIR, which is attached as Exhibit E; and NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin City Council hereby makes the following findings on the FSEIR and the environmental impacts of the Project under CEQA: A. The foregoing recitals are true and correct and made a part of this resolution. B. The FSEIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. C. The City Council has independently reviewed and considered the information contained in Eastern Dublin EIR and FSEIR, including the written comments received during the DSEIR review period and the oral and written comments received at the public hearing, prior to making its recommendation on the proposed Project. D. The FSEIR reflects the City's independent judgment and analysis on the potential environmental impacts of the proposed Project. The FSEIR provides information to the decision- makers and the public on the environmental consequences of the proposed Project. E. The FSEIR adequately describes the proposed Project, its significant environmental impacts, mitigation measures and a reasonable range of alternatives to the proposed Project. 13~ ~ ~ ~s~ ~ BE IT FURTHER RESOLVED that the Dublin City Council adopts the mitigation measures and mitigation findings set forth in Exhibit A, the Findings regarding Alternatives set forth in Exhibit B, the Statement of Overriding Considerations set forth in Exhibit C, and the Mitigation Monitoring and Reporting Program set forth in Exhibit E, which Exhibits A, B, C, D and E are incorporated herein by reference, all in compliance with the requirements of CEQA. PASSED, APPROVED, AND ADOPTED this 18th day of May, 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#~2007\07-057 Nielsen\CC Mtg 5.18.10Wtt 1- Nielsen CEQA Reso.DOC 4 1~/ ~ ~ ~ 7~~ EXHIBIT A FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION MEASURES Pursuant to Public Resources Code section 21081 and CEQA Guidelines sections 15091 and 15163, the City Council hereby makes the following findings with respect to the potential for significant supplemental environmental impacts from the Nielsen Property Residential Project, PA 07-057, and means for mitigating those impacts. Many of the impacts and mitigation measures in the following findings are summarized rather than set forth in full. The text of the Draft and Final Supplemental EIRs (SEIRs) should be consulted for a complete description of the impacts and mitigations. Findings pursuant to section 21081 relating to Project alternatives are made in Exhibit B. Supplemental Impact SM-WATER-1 (water quality): The quality of stormwater runoff from the Project Site would be expected to decline resulting from an increase in the production of non-point source urban pollutants. Such contaminants include debris, landscaping fertilizers and pesticides, heavy metals, oil and gas residues, tire fragments and debris normally deposited by vehicular traffic. Stormwater runoff from developed areas on the Site would carry non-point source pollutants into surface waters within the drainage channels, where they would cause a cumulative degradation of water quality in San Francisco Bay. Supplemental Mitigation Measure SM-WATER-1 (water quality): Project Developer(s) shall prepare a Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices (BMPs) for construction and post-construction conditions. The SWPPP shall be prepared to Regional Water Quality Control Board standards and Alameda County Clean Water Program requirements. The SWPPP shall be prepared prior to issuance of a demolition permit by the City of Dublin to avoid spill over of material into Tassajara Creek and other bodies of water during demolition. The BMPs may include, but not limited to, incorporation of grassy swales into landscaped areas, use of filtration devices and similar features. Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measure will reduce this impact to a less-than- significant level by requiring the Project developer(s) to incorporate state-of-the-art Best Management Practices into the Project during construction and post-construction to reduce impacts to water quality from stormwater runoff from the Project. Supplemental Impact SM-WATER-2 (increased stormwater runoffj: Development of the Project would introduce new impervious surfaces (primarily buildings, driveways, roads and hardscape elements) onto the now vacant portions of the Site, increasing the EXHIBIT A TO ATTACHMENT 3 ' ~' ~ ~~ amount, direction and rate of stormwater runoff. Stormwater increases could exceed the capacity of local and regional drainage systems to accommodate such increases. Supplemental Mitigation Measure SM-WATER-2 (increased stormwater runoff~: Project Developer(s) shall prepare a drainage and hydrology plan using Regional Water Quality Control Board, Zone 7 and City drainage criteria which shall indicate that adequate on and off-site capacity exists in local and regional drainage facilities to accommodate the direction, rate and amount of increased stormwater runoff. If necessary, developer(s) shall upgrade undersized drainage facilities to ensure that: a) no on-site flooding would occur and b) downstream drainage facilities are not overburdened by Project drainage. The drainage and hydrology plan shall be approved by the Dublin Public Works Department and all recommendations for drainage improvements shall be incorporated into Project improvement plans. Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measure will reduce this impact to a less-than- significant level by ensuring that adequate capacity exists in downstream drainage facilities to accommodate any significant increases in the amount, direction and rate of stormwater from the Proj ect Site due to Proj ect development. Supplemental Impact SM-BIO-1 (impacts to special-status plant species): Development of the proposed Project has the potential to impact four special-status plant species: big scale balsamroot, big tarplant, Congdon's taiplant, and showy madia. Supplemental Mitigation Measure SM-BIO-1 (impacts to special-status plant species): Pre-construction surveys shall be completed for the four special-status plant species: big scale balsamroot, big tarplant, Congdon's tarplant, and showy madia consistent with California Department of Fish and Game protocols. If such species are found, the Project development plan shall be modified to avoid the locations of such plant(s). If avoidance is not feasible, plants shall be transplanted (or seed collected and relocated) to a suitable on- or off-site location pursuant to necessary permits from the California Department of Fish and Game and/or other regulatory agencies or other acceptable method(s) approved by the City of Dublin, California Department of Fish and Game and/or other regulatory agencies. Relocation plans shall include on-going monitoring for a period of five years to ensure that transplantations are established. Findin~• Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Finding. The mitigation measure will reduce this impact to a less-than- significant level by requiring pre-construction surveys for special-status plants and, if found, either avoiding the locations of such species, transplanting these species to a 2 i~~ ~~~ suitable off-site location pursuant to necessary permits and approvals from the California Department of Fish and Game and/ar other regulatory agencies, or other acceptable method(s) approved by the City of Dublin, California Department of Fish and Game andlor other regulatory agencies. Supplemental Impact SM-BIO-2 (impacts to special-status bird species): Development of the proposed Project has the potential to impact three special-status bird species: Western Burrowing Owl, Loggerhead Shrike, and White-tailed Kite. Supplemental Mitigation Measure SM-BIO-2 (impacts to special-status bird species): Pre-construction surveys shall be completed to prevent impacts to nesting Burrowing Owl, White-tailed Kite, and/or Loggerhead Shrike. If active nests or occupied burrows are found, setbacks from a burrow/nest site shall be established by a qualified biologist and maintained until the young have fledged. If burrowing owls are detected outside of the nesting season they shall be passively relocated outside of any development area subject to the authorization of the Department of Fish and Game. Findin~• Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measure will reduce this impact to a less-than- significant level by requiring pre-construction breeding surveys for special-status birds and, if found, establishing setbacks from such nests until young have left each nest. If owls are found outside of the nesting season, they shall be relocated outside of any development area. Supplemental Impact SM-BIO-3 (impacts on Heritage Tree): Implementation of the proposed Project would result in the loss of one Heritage Tree on the Site. Loss of this tree would remove a significant scenic resource on the Site. Supplemental Mitigation Measure SM-BIO-3 (impacts on Heritage Tree): The final landscape plan shall show that the existing Heritage Tree, which is proposed to be removed as a part of the residential development, shall be replaced with three 36-inch box size oak trees on the Site. Appropriate maintenance shall be performed by the Project landscape contractor, similar to other plantings in the Project area. Monitoring of the three replacement trees' health, undertaken by a qualified arborist for a one-year period following installation. Findin~• Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measure will reduce this impact to a less-than- significant level by requiring replanting of large replacement trees on the Site to replace the removed Heritage Tree. 3 ~~ ~+ ~ ~ ' ~ r~ Supplemental Impact SM-VIS-1 (impacts to scenic resources and the visual character of the Site): The proposed Project would have adverse impacts on scenic vistas and corridors due to development silhouetted above ridgelines, minimal preservation of natural hillside area and limited view corridors to natural hillside areas. SM-VIS-1. No feasible supplemental mitigation measures are identified in the SEIR. Findin . The Project incorporates several design features that would be consistent with applicable Eastern Dublin EIR Mitigation Measures and related visual policies and reduce the visual impacts of the Project (see DSEIR, p. 82). Design features to reduce visual impacts include: • Providing ten foot stepped building pads, a first for a single family neighborhood in East Dublin. This feature would allow the development to better fit the terrain and reduce grading and open up the vista along the property frontage. • Providing an increased building setback of up to eighty (80) feet along Tassajara Road to reduce visual impacts. • The site entry road, Silvera Ranch Drive, would provide a view corridor to the hills and knolls beyond the Project, as does the area at the southern end of the Project. • Minimizing the cut of the prominent knoll on-site to eight feet to maintain the natural land form and minimize significant elevation changes. • Reducing the number of lots on the top of the hill to minimize the visual impact, as well as locating other lots further back onto the hill. • Ensuring that graded slopes would be recontoured to follow the landforms of the surrounding area. However, even with the incorporate of these measures, the visual impact remains significant. There no feasible additional mitigations to reduce this impact to less than significant. The small size (approximately 10 acres) of the property, with a short frontage along Tassajara Road, (approximately 600 feet), constrain where development can occur, and also limit opportunities for view corridors. The topography of the site mandates development towards Tassajara Road which would cause silhouetting against the sky line. The westward knoll form and sloping topography of the site encourages development to be located on the flatter portions of the site, which are the top of the knoll and along the base of the knoll that parallels Tassajara Road. Reducing proposed development to a few lots at the base of the knoll with enough open area and setback from the scenic corridor to comply with the standards and policies would result in a financially infeasible project based on the amount of infrastructure required to develop ~the Project site. Therefore, a Statement of Overriding Considerations must be adopted upon approval of the Project. Specific economic, legal, social, technological, or other considerations make infeasible the project alternatives identified in the SEIR. Rationale for Findin~. No feasible supplemental measures or project alternatives are available to further reduce these impacts. Therefore, the supplemental impact remains significant and unavoidable. 4 ~~~ ~~ ~ ~~~ Supplemental Impact SM-VIS-2 (light and glare impacts). The proposed Project would increase the amount of light sources on the Property, which would result in spill over of light and associated glare onto adj acent properties and roadways. Supplemental Mitigation Measure SM-VIS-2 (light and glare impacts). Light fixtures installed as part of the Project shall be equipped with cut-off lenses and directed downward to avoid spill over of lights onto adjacent properties or roadways. The design of light fixtures shall be specified on final building and improvement plans. Findin~• Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Finding. The mitigation measure will reduce this impact to a less-than- significant level by requiring light fixtures with certain features to avoid spill-over of lights onto adjacent properties or roadways. Supplemental Impact SM-AIR-1 (consistency with Clean Air Plan): If approved, the proposed Project would increase the number of dwellings on the Project Site by up to 34 dwellings that are not currently included in the Bay Area Air Quality Management District (BAAQMD) Clean Air Plan. Supplemental Mitigation Measure SM-AIR-1. If the requested land use entitlements are approved, the City of Dublin shall transmit appropriate documentation of land use buildout. In addition, the following steps shall be taken by the Project Applicant: • The project proponent shall negotiate with LAVTA for the construction or reservation of land for transit facilities such as bus turnouts/bus bulbs, benches, and related public transit facilities. • Provide on site bicycle land and/or paths, connected to community-wide network. • Provide on site sidewalks and/or paths, connected to adjacent land uses, transit stops, . and/or community-wide network. • Allow only natural gas fireplaces and heating stoves. No wood burning devices shall be allowed. • Require dwellings to have outdoor electrical outlets to encourage the use of electric lawn and garden equipment for landscaping and maintenance. • Install ENERGY-STAR appliances. Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measure will reduce this impact to a less-than- significant level by applying additional mitigation beyond that required by Mitigation Measures 3.11/5.0-11.0 of the East Dublin EIR, reducing the additional vehicle miles traveled and regional emissions resulting from the land use redesignation of the Project 5 1 ~i 5 ~ ~ ~~~ Site. Implementation of these measures will result in consistency between the City of Dublin General Plan and Eastern Dublin Specific Plan and the Clean Air Plan. Supplemental Impact SM-AIR-1 (emissions from construction activities): Although the Eastern Dublin EIR contained mitigation measures to address emissions from construction activities, the Project will need to comply with the current additional requirements of the BAAQMD which are set forth in Supplemental Mitigation Measure SM-AQ-2. Supplemental Mitigation Measure SM-AQ-2. In addition to measures identified in MM 3.11/1.0 of the Eastern Dublin EIR, the developer of the Project shall comply with the following: a) Require construction contractors to water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. b) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. d) On-site idling of construction equipment and trucks shall be minimized as much as feasible (no more than five minutes maximum). e) All construction equipment shall be properly tuned and fitted with manufacturer's standard level exhaust controls. Findin~• Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measure will reduce this impact to a less-than- significant level by requiring the Project to comply with all current regulations of BAAQMD to address impacts from emissions from construction activities. According to the current BAAQMD CEQA Guidelines, implementation of these mitigation measures would reduce construction period air quality impacts to a less-than-significant level. Supplemental Impact SM-NOISE-1 (exterior and interior noise exposure): Noise levels adjacent to the Project Site along Tassajara Road would exceed City exterior noise exposure levels for the rear yards of proposed Lots 1 through 3 and for any balconies and upper floor windows facing Tassajara Road. Interior noise levels within upper floors for dwellings facing Tassajara Road could also exceed City and State requirements. Supplemental Mitigation Measure SM-NOISE-1. The following features shall be incorporated into final building plans: a) For Lots 1 through 3, a minimum 6-foot-tall property line noise barrier shall be installed to acoustically shield future Tassajara Road traffic noise. Noise barriers could include either a masonry sound wall or an acoustical wood fence. 6 1 ~~ ~ ~ 5~ ~~ b) For any upper floor balconies for homes constructed on Lots 1 through 9 that would face west, 3-1/2-foot-tall, solid railing shall be installed to acoustically shield Tassajara Road noise to seated receivers. c) Upper floor windows facing Tassajara Road shall be sound-rated and non- operable to ensure that interior noise standards are met. Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measure will reduce this impact to a less-than- significant level by requiring installation of certain noise attenuation measures to reduce noise impacts at the Project site to acceptable levels for residential uses under City and State requirements. Supplemental Impact SM-HAZ-1 (asbestos and lead based paint): Demolition of existing buildings and related improvements could result in potentially significant impacts due to release of asbestos and lead based paint into the atmosphere. There could also be a release of polychlorinated biphenyls (PCBs), which are listed as a pollutant of concern on the City's Regional Permit for Stormwater. Supplemental Mitigation Measure SM-HAZ-1. The following actions shall be taken before issuance of the first demolition permit, if multiple permits are issued by the City: a) Asbestos containing material shall be tested for, and if found, removed by a licensed contractor and disposed of in a landfill licensed to accept this level of contaminated material. If required, a permit shall be obtained from the Bay Area Air Quality Management District prior to commencement of work. b) Testing and analysis for lead based paints and PCBs shall be conducted. If such materials are found, remediation shall be completed by a licensed contractor. Necessary permits shall be obtained prior to commencement of work. Findin~. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant supplemental effect identified in the SEIR. Rationale for Findin~. The mitigation measures will reduce this impact to a less-than- significant level by requiring removal of asbestos and lead based paints prior to building demolition in accordance with regulatory requirements. 7 1~{~ ~. ~ ~ ~' EXHIBIT B FINDINGS REGARDING ALTERNATIVES Introduction. The Eastern Dublin EIR identified four alternatives relating to overall development under the Eastern Dublin Specific Plan: No Project, Reduced Planning Area, Reduced Land Use Intensities and No Development. In approving the Eastern Dublin Specific Plan and certifying the Eastern Dublin EIR, the City Council found the No Project, Reduced Land Use Intensities and No Development alternatives infeasible and then approved a modification of the Reduced Planning Area alternative. The Supplemental EIR (SEIR) updates the analysis of the Eastern Dublin EIR to address alternatives to the Nielsen Residential Project ("Project"). These alternatives are to address the supplemental impacts of the Project identified in the SEIR, in particular, the significant and unavoidable visual impact of the proposed Project. The Alternatives selected for analysis in the SEIR are: Alternative 1: No Proj ect/No development. Alternative 2: Clustered Development. Alternative 3: Reduced Project. These three Alternatives are described in detail in the SEIIZ (p. 121-133). The SEIlZ also analyzed the environmental impacts of each Alternative and compared the impacts of each alternative to the impacts of the proposed Project. In summary, the No Project Alternative assumes that the existing development on the Property will remain - the existing single-family residence, agricultural mobile home, horse arena, wireless communication facilities and other site improvements. No new development would occur. The Clustered Development Alternative includes assumes new construction of 32 three-story townhouses and 5 single-family dwellings, the retention of the primary existing dwelling unit, removal of the smaller secondary dwelling, and other related improvements on the Property. The development would be clustered on those portions of the Property along Tassajara Road and Silver Ranch Drive with more limited development on the higher elevations of the Property. The Reduced Project includes new construction of 10 single-family dwellings along Tassajara Road and retention of the existing primary dwelling on the upper portion of the Property. The single family homes would be located on the lower elevations of the Property along Tassajara Road, and the higher elevations of the Property would not be developed except for retention of the existing single family home. A comment letter on the Draft SEIR suggested that the City should consider elimination of eleven lots from the proposed Project (Lots 23-33) to reduce the visual impacts of the Project. The City finds that this alternative is not significantly different from the Clustered Development Alternative and Reduced Project Alternative. Similar to these Alternatives, the alternative suggested in the comment letter reduces development on the higher elevations of the south-east portion of the Property. The City is not required to EXHIBIT B TO ATTACHMENT 3 1~~ ~, ~ 5~ ~ separately analyze the impacts of this suggested alternative under CEQA. CEQA does not require the analysis of variations on alternatives that are already considered. The City finds that the suggested alternative is a variation of the Alternatives analyzed in the EIR and does not present significant advantages in reducing environmental impacts than those alternatives considered in the SEIR. Nevertheless, although not required under CEQA, the City Council rejects the suggested alternative as infeasible based on the findings set forth below. The City Council considered the three Alternatives identified and described in the SEIR and the alterative suggested in the comment letters and finds all of them to be "infeasible" under CEQA standards for the reasons set forth below. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors (Public Resources code section 21061.1; CEQA Guidelines Section 15364). Alternatives also may be found "infeasible" under CEQA if they would not accomplish most of the basic objectives of the Project or would not avoid or substantially lessen one or more of the significant effects of the proposed Project. The Project objectives are identified in Section 3.5 of the Draft SEIR (p. 17). Alternative 1: No Project/No Development. (Draft SEIR pp. 122-124.) Finding: Infeasible. Under this Alternative, no new development would occur on the Project site but existing development would remain. Generally, the impacts of this Alternative would less than the impacts of the proposed Project. However, this Alternative would not achieve any of the Project Objectives, including creation of a neighborhood that is compatible with the residential and non-residential uses in the immediate vicinity, provide local and regional roadway improvements needed along Tassajara Road, allow development that will contribute to construction of needed public infrastructure and community facilities through payment of fees, assist in meeting the City's quantified housing objectives, and allow for a residential project of sufficient density to provide economies of scale to allow for high quality design and construction. Therefore, for these reasons, the City Council finds, pursuant to Public Resources Code Section 21081(a)(3), that specific economic, legal, social, technological, or other considerations, including considerations identified in the Statement of Overriding Considerations, make infeasible the No Project/No Development Alternative. Alternative 2: Clustered Development. (DSEIR pp. 124-128.) Finding: Infeasible. This Alternative would reduce the following impacts as compared to the proposed Project: population and housing, amount of grading, loss of open space, and visual impacts. However, the other impacts of this Alternative would be largely similar to the impacts of the proposed Project. This Alternative would reduce, but not eliminate visual impacts, by reducing the number of residential units in the higher elevations of the Property and providing more visual corridors to open space from Tassajara Road. This Alternative is economically infeasible based on information submitted by the Applicant. The Applicant performed a feasibility analysis which shows this Alternative would result in a potential loss of several million dollars because the development costs would be i ~~ ~~ ~ ~ largely similar to the proposed Project but the sales price for the 32 townhome products under this Alternative would be substantially less than the sales price for detached single family homes as proposed by the Project. In addition, since this Alternative is economically infeasible, it does not accomplish the Project Objectives of allowing a residential project which provides for high quality design and construction, providing local and regional roadway improvements needed along Tassajara Road, and allowing development that will contribute to construction of needed public infrastructure and community facilities through payment of fees. Therefore, for these reasons, the City Council finds, pursuant to Public Resources Code Section 21081(a)(3), that specific economic, legal, social, technological, or other considerations, including considerations identified in the Statement of Overriding Considerations, make infeasible the Clustered Development Alternative. Alternative 3: Reduced Development. (DSEIR pp. 128-132.) Finding: Infeasible. This Alternative would reduce the following impacts as compared to the proposed Project: population and housing, traffic, water demand, stormwater runoff, open space, loss of heritage tree, and visual impacts. On visual impacts, the elimination of new residential units on higher elevations of Property would reduce, but not eliminate, visual impacts. This Alternative is economically infeasible based on information submitted by the Applicant. The Applicant performed a feasibility analysis which shows this Alternative would result in a potential loss of over one million dollars because the development costs of this Alternative (although lower than the proposed Project and Alternative 2) would exceed the revenue from the sale of only 10 residential homes. In addition, since this Alternative is economically infeasible, it does not accomplish the Project Objectives of allowing a residential project which provides for high quality design and construction, providing local and regional roadway improvements needed along Tassajara Road, and allowing development that will contribute to construction of needed public infrastructure and community facilities through payment of fees. Therefore, for these reasons, the City Council finds, pursuant to Public Resources Code Section 21081(a)(3), that specific economic, legal, social, technological, or other considerations, including considerations identified in the Statement of Overriding Considerations, make infeasible the Reduced Development Alternative. Alternative Suggested in Comment Letter - Elimination of Lots 23-33 from proposed Project Although the City Council is not required under CEQA to make infeasibility findings on this proposed alternative since it is a variation of Alternatives 2 and 3, the City Council finds this alternative infeasible for similar reasons as Alternatives 2 and 3. This Alternative may potentially reduce some impacts relating to population and housing, amount of grading, loss of open space, and visual impacts. However, the infrastructure and site work to develop this proposed alternative would be similar to the proposed Project. The elimination of 11 single residential units with some of the best views offered by development of the Property would significantly reduce the Project revenue 15n~~ ~~~ ~ from home sales. Therefore, based on information provided by the Applicant, the proposed alternative is economically infeasible. In addition, since this Alternative is economically infeasible, it does not accomplish the Project Objectives of allowing a residential project which provides for high quality design and construction, providing local and regional roadway improvements needed along Tassajara Road, and allowing development that will contribute to construction of needed public infrastructure and community facilities through payment of fees. Therefore, for these reasons, the City Council finds, pursuant to Public Resources Code Section 21081(a)(3), that specific economic, legal, social, technological, or other considerations, including considerations identified in the Statement of Overriding Considerations, make infeasible this proposed alternative. 4 - ~~ ~s~ :.~. EXHIBIT C STATEMENT OF OVERRIDING CONSIDERATIONS 1. General. Pursuant to CEQA Guidelines section 15093, the City Council of the City of Dublin adopted a Statement of Overriding Considerations for those impacts identified in the Eastern Dublin EIR as significant and unavoidable. (Resolution 53-93, May 10, 1993.) The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastern Dublin General Plan Amendment and Specific Plan project. The City Council is currently considering the Nielsen Property Residential Project, PA 07-057. The Project includes entitlements necessary to allow residential development of up to 36 units on the Nielsen Property. These actions are collectively referred to herein as the "Project". The City prepared a Supplemental EIR for the Project which identified supplemental impacts that could be mitigated to less than significant. The Supplemental EIR also identified a supplemental visual impact that could not be mitigated to less than significant. The City Council adopted a Statement of Overriding Considerations with the 1993 land use approvals for urbanization of Eastern Dublin, including the Nielsen Property. Pursuant to a 2002 court decision, the City Council must adopt new overriding considerations for the previously identified unavoidable impacts that apply to the current Project.l The City Council must also adopt overriding considerations for the one supplemental visual impact (on scenic resources and visual character of the Property), identified in the Supplemental EIR as significant and unavoidable. The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR and the Supplemental EIR will be substantially lessened by mitigation measures adopted with the original Eastern Dublin approvals and by the environmental protection measures included in the Project design or adopted through the Project approvals, to be implemented with the development of the Project. Even with mitigation, the City Council recognizes that the implementation of the Project carries with it unavoidable adverse environmental effects as identified in the Eastern Dublin EIR and the Project Supplemental EIR. The City Council specifically finds that to the extent that the identified adverse or potentially adverse impacts for the Project have not been mitigated to acceptable levels, there are specific economic, social, environmental, land use, and other considerations that support approval of the Project. 2. Unavoidable Significant Adverse Impacts from the Eastern Dublin EIR. The following unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin apply to the Project. Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.88; and, Alteration of Rural/Open Space Character. Although development ~"...public officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts." (emphasis original.) Communities for a Better Environment v. California Resources Aqencv 103 Cal.App. 4'h 98, _(2002). EXHIBIT C TO ATTACHMENT 3 ~ ~ ;~~~~ ~~~ ~d..: q has occurred south of the project area, the site is largely undeveloped open space land. Future development of the Project site will contribute to the cumulative loss of open space land. Traffic and Circulation Impacts 3.3/B, 3.3/E. I-580 Freeway, Cumulative Freeway Impacts: While city street and interchange impacts can be mitigated through planned improvements, transportation demand management, the I-580 Smart Corridor program and other similar measures, mainline freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Future development on the Project site will still incrementally contribute to the unavoidable freeway impacts. Traffic and Circulation Impacts 3.3/l, 3.3/M. Santa Rita Road/I-580 Ramps, Cumulative Dublin Boulevard Impacts: The Project will be required to implement all applicable adopted traffic mitigation measures, including contributions to the City's TIF program; however even with mitigation these impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Community Services and Facilities Impact 3.4/S. Consumption of Non-Renewable Natural Resources and Sewer, Water; and Storm Drainage Impact 3.5/F, H, U. Increases in Energy Usage Through Increased Water Treatment, Disposal and Operation of Water Distribution System: Future development of the Project will contribute to increased energy consumption. Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary Effects: Even with seismic design, future development of the Project could be subject to damage from large earthquakes, much like the rest of the Eastern Dublin planning area. Air Quality Impacts 3.11/A, B, C, and E. Future development of the Project will contribute to cumulative dust deposition, construction equipment emissions, mobile and stationary source emissions. 3. Unavoidable SiEni~cant Adverse Impact from the Nielsen Property Supplemental EIR. The following unavoidable significant supplemental environmental impact was identified in the Supplemental EIR for the Project. Supplemental Impact SM-VIS-1 (impacts to scenic resources and the visual character of the Site): The proposed Project would have adverse impacts on scenic vistas and corridors due to development silhouetted above ridgelines, limited preservation of natural hillside area, and limited view corridors to natural hillside areas. 4. Overriding Considerations. The City Council previously balanced the benefits of the Eastern Dublin project approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR. The City Council now balances those unavoidable impacts that apply to future development on the Project site as well as the supplemental unavoidable visual impact identified in the Supplemental EIR, against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the Project as further set forth below. The City declares that each one of the 2 ~ ~~~ ~ ~~~ benefits included below, independent of any other benefits, would be sufficient to justify approval of the Project and override the Project's significant and unavoidable impacts. The substantial evidence demonstrating the benefits of the Project are found in these findings, and in the documents found in the administrative record for the Project. The Project will further the urbanization of Eastern Dublin as planned through the comprehensive framework established in the original Eastern Dublin approvals. The Project will create a neighborhood that is compatible with the urban development in the vicinity of the Project along Tassajara Road. The Project will provide local and regional roadway improvements needed along Tassajara Road. The Project will help the City toward their RHNA goal for new housing units and will help implement policies contained in the Housing Element of the General Plan. The Project will provide streetscape improvements such as curb, gutter, sidewalk, and landscaping that will be an amenity to the larger community and provide safer pedestrian and bicycle access between existing neighborhoods. The Project will create new revenue for the City, County, and State through the transfer and reassessment of property due to the improvement of the property and the corresponding increase in value. The Project will contribute funds to construct schools, parks, and other community facilities that are a benefit City-wide. Development of the site will provide construction employment opportunities for Dublin residents. 3 ~~4 ~ ~~~ Nielsen I~evelo ment p Pro'ect J General Plan & Specific Plan Amendments Stage 1 & 2 Rezoning Vesting Subdivision Map PA 07-057 Draft Supplemental Environmental Impact Report SCH#2008052117 Lead Agency: City of Dublin Prepared By: Jerry Haag, Urban Planner January 2009 EXHIBIT D TO ATTACHMENT 3 ~, Table of Contents - ~~ a,~: 7S~ 1.0 Project Summary ....................... .................................................................................. 1 1.1 Introduction .................. ....................................................................... 1.2 Summary of Project Description ................................................................................. 1 1.3 Summary of Environmental Issues ............................................................................ 2 1.4 Summary of Impacts and Mitigation Measures ........................................................ 2 1.5 Summary of Alternatives ............................................................................................ 3 1.6 Areas of Known Controversy ..................................................................................... 3 2.0 Introduction. ............................................................................. 2.1 Purpose of Environmental Review ~~~~~~~~~~~~~~~~~~~~~~~~~'"~~~"" 5 2.2 Scope of Supplemental EIR ........... ............................................................................ 5 2.3 Legal Basis'`or Supplemental EIR .............................................................................. 6 ' ........................................................ 2.4 Organization of Draft Supplemental EIR ~~~~~~~~~~~~~~~~~~~~~~ ~ .................................................................. 7 2.5 DSEIR Review Process 2.6 SNotice of Preparation and Scoping Meeting ~~~~~~~~~~~~~~~~~~~~~ g 3.0 Project Description .................. .......................................................... 8 ................................................................................... 9 3.1 Project Location ............................................................................................................ 9 3.2 Project Site Features ..................................................................................................... 9 3.3 Prior Planning Approvals ..........................................................................................10 3.4 Project Applications ....................................................................................................14 ` 3.5 Project Objectives ....................... 3.6 Future Actions Using the DSEIR ...............................................................................17 4.0 Environmental Analysis ........... ..............................................................................18 ................................................................................26 .' 4.1 Land Use .................g p ............... .................................................................................27 4.2 Population, Housin and Em lo ..... yment ....................................................................27 4.3 Traffic and Circulation ................ ................ ...........................................................43 "° 4.4 Water Supply and Storm Drainage/Water Quality 4.5 Soils and Geologt ...................... ................................................. ..................................................................................62 4.6 Biological Resources ...................................................................................................67 4.7 Visual Resources .........................................................................................................75 ................................. 4.8 Air Quality............ ......................................................................88 4.9 Greenhouse Gas Emissions ........................................................................................97 4.10 Noise .................. .........................................................113 4.11 Hazards and Hazardous Materials 5.0 Alternatives to the Proposed Project. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~11$ ................................................... ~ 5.1 Alternatives Identified in Eastern Dublin EIR ~~~~~~~~~~~~~~~ 1 5.2 Alternatives Identified in 2008 SEIR ~~~~~~~~~~~~~~~~~~~~~~""""""""""""'••••121 .r, .......................................................................122 ............................................. 5.3 No Project .................. ...................................................122 ~ 5.4 Alternative 2: Clusterd Development .....................................................................124 5.5 Alternative 3: Reduced Development .....................................................................128 5.6 Environmentally Superior Alternative ...................................................................132 6.0 Required CEQA Discussion. .140 ................................................................................. ...... .................. 6.1 Cumulative Impacts ................ ................................................140 6.4 Significant and Unavoidable Environmental Impacts ...........................................141 ;= 7.0 Organizations and Persons Consulted ..................................................................142 7.1 Persons and Organizations ..................................................... 7.2 References ..................................................................................................................142 l~ ~ ~ ~g ~ 144 8.0 Appendices ........................................................................ ....................................... 145 Appendix 8.1 .............................................................................. ....................................... 146 Appendix 8.2 .............................................................................. ....................................... ..............147 Appendix 8.3 .............................................................................. ......................... 148 Appendix 8.4 .............................................................................. ....................................... ...............149 Appendix 8.5 .............................................................................. ........................ ...............150 Appendix 8.6 .............................................................................. ........................ .............151 Appendix 8.7 .............................................................................. .......................... List of Tables 1 Table 1 Summary of Supplemental Imapcts/ Mitigations ... ...................I-1 . Table 3.2-1 Proposed Neilsen Project Population ....................... ..................: 32 3-1 Table 4 Peak Hour Intersection LOS-Buildout (2025) .......... . .................. . . Table 4.3-2. Project Trip Generation ............................................. ....................36 38 3-3 Table 4 Buildout (2025) + Project Buildout LOS ................... .................... . . Table 4.3-4 Freeway Segment Analysis ....................................... ....................39 44 Table 4.4-1. Projected DSRSD Water Demand ............................ ..................... 6 4-2 Table 4 Estimated Neilsen Project Potable Water Demand ...................::9 . . 8-1 Table 4 Federal and State Air Quality Standards ................ ................... . . Table 4.8-2. Air Quality Data Summary for Livermore ............. .....................92 96 Table 4.8-3. Project Regional Emissions ...................................... ..................... 8 Table 4.9-1. Global Warming Potential for Greenhouse Gas ..... ...................::8 Table 5.2-1. 2-2. Table 5 Not Used .................... ...................................... Proposed Project v. Alt. 2 Population Generation ...................125 ••••••••~•••""" . Table 5.2-3. Trip Generation Comparison ................................... .125 .................. 126 Table 5.2-4. Potable Daily Water Demand Comparison ............................... 129 2-5. Table 5 Proposed Project v. Alt. 3 Population Generation . ................... . Table 5.2-6. Propsed Project v. Alt. 3 Trip Generation ..................................129 130 Table 5.2-7. Potable Water Demand Comparison ..................... .................... List of Exhibits Exhibit 3-1 Exhibit 3-2 Exhibit 3-3 Exhibit 3.4. Exhibit 3-5. Exhibit 3.6. Exhibit 4.3-1. Exhibit 4.3-2. Exhibit 4.3-2. Exhibit 4.7-1a. Exhibit 4.7-1b. Exhibit 4.7-2a. Exhibit 4.7-2b. ......................................... ti l L 19 on .............................. oca Regiona ......................................... ti L 20 on .................................. oca Project ........................................... t l Ph i 21 o ............................... o a Site Aer Proposed Stage 1 Development Plan ........................................ 22 ............................ e Plan ••••••••••••• d d L 23 ................. scap an Propose Proposed Vesting Tentative Map .............................................. 20 ......................................... lumes V ffi T 40 ................... o c ra Existing 41 ........................................ ibution t Di i ..................... r s p Project Tr ........................................... mes l V i T .42 ...................... u o r p Project Existing Conditions From Tassajara Road ............................... .84 Existing Conditions From Tassaj ara Rd. / Silvera Ranch ....... .85 Simulation From Tassajara Road .............................................. .86 Simulation From Tassaj ara Rd. / Silvera Ranch Rd . ................ .87 ~ ~ ~ J ~" ~~' 7S~ Exhibit 5.1-1. Exhibit 5.1-2a Exhibit 5.1-2b Exhibit 5.2-1. Exhibit 5.2-2a Exhibit 5.2-2b Alternative 2 ..............................................................................134 Simulation From Silvera Ranch Road .....................................135 Simulation from Tasssajara Road ............................................136 Alternative 3 ..............................................................................137 Simulation from Tassajara Rd/Silvera Rd ..............................138 Simulation from Tassajara Road ..............................................199 ~ ~ . Section 1.0: Summary of Supplemental Environmental Impacts and Mitiaations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation 1.0 SUMMARY OF SUPPLEMENTAL ENVIRONMENTAL IMPACTS AND MITIGATIONS Table 1.1 below summarizes the environmental impacts and mitigations which are discussed in detail in the remainder of this Supplemental Draft Environmental Impact Report. Supp. Impact Topic/Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation WATER- Water c~uality. The quality of stormwater SM-WATER-1. Project Developer(s) Less-than-Significant 1 runoff from the Project Site would be shall prepare a Stormwater Pollution expected to decline resulting from an Prevention Plan (SWPPP) that increase in the production of non-point incorporates Best Management Practices source urban pollutants. Such contaminants (BMPs) for construction and post- include debris, landscaping fertilizers and construction conditions. The SWPPP pesticides, heavy metals, oil and gas shall be prepared to Regional Water residues, tire fragments and debris normally Quality Control Board standards and deposited by vehicular traffic. Stormwater Alameda County Clean Water Program runoff from developed areas on the Site requirements. The SWPPP shall be would carry non-point source pollutants into prepared prior to issuance of a surface waters within the drainage channels, demolition permit by the City of Dublin where they would cause a cumulative to avoid spill over of material into degradation of water quality in San Tassajara Creek and other bodies of Francisco Bay. water during demolition. The BMPs may include, but not limited to, incorporation of grassy swales into landscaped areas, use of filtration devices and similar features. Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page I-1 January 2009 ~ ~4 ~ ~ ~ Section 1.0: Summary of Supplemental Environmental Impacts and Mitigations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation WATER- Increased stormwater runoff. Development SM-WATER-2. Project Developer(s) Less-than-Significant 2 of the Project would introduce new shall prepare a drainage and hydrology impervious surfaces (primarily buildings, plan using Regional Water Quality driveways, roads and hardscape elements) Control Board, Zone 7 and City onto the now vacant portions of the Site, drainage criteria which shall indicate increasing the amount , direction and rate of that adequate on and off-site capacity stormwater runoff. Stormwater increases exists in local and regional drainage could exceed the capacity of local and facilities to accommodate the direction, regional drainage systems to accommodate rate and amount of increased such increases stormwater runoff. If necessary, developer(s) shall upgrade undersized drainage facilities to ensure that: a) no on-Site flooding would occur and b) downstream drainage facilities are not overburdened by Project drainage. The drainage and hydrology plan shall be approved by the Dublin Public Works Department and all recommendations for drainage improvements shall be incorporated into Project improvement plans. BIO-1 Impacts to special-status lant s ep cies• SM-BIO-1. Pre-construction surveys Less-than-Significant Development of the proposed Project has the shall be completed for the four special- potential to impact four special-status plant status plant species: big scale ~ species: big scale balsamroot, big tarplant, balsamroot, big tarplant, Congdon's Congdon's tarplant, and showy madia. tarplant, and showy madia consistent with CDFG protocols. If such species are found, the Pro~ect develo ment lan Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page I-2 January 2009 vl -,i~ `.~'.,~? ~ ~ ~, ~ ~ - ~ ~ ~ ' ~ ~ . ~ ,_ ~ , ~ ~ ~ ~ I ~ ~ ~ ~ ~ 1 ~ Section 1.0: Summary of Supplemental Environmental Impacts and Miti ations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental ~ Impact After Mitigation shall be modified to avoid the locations of such plant(s). If avoidance is not feasible, plants shall be transplanted (or seed collected and relocated) to a suitable on- or off-site location pursuant to necessary permits from the California Department of Fish and Game and/or other regulatory agencies or other acceptable method(s) approved by the City of Dublin, California Department of Fish and Game and / or other regulatory agencies. BIO-2 Impacts to special-status bird s ecies. SM-BIO-2. Pre-consiruction surveys Less-than-Significant Development of the proposed Project has the shall be completed to prevent impacts to potential to impact three special-status bird nesting Burrowing Owl, White-tailed species: Western Burrowing Owl, Kite, and/or Loggerhead Shrike. If Loggerhead Shrike, and White-tailed Kite. active nests or occupied burrows are found, setbacks from a burrow / nest site shall be established by a qualified biologist and maintained until the young have fledged. If burrowing owls are detected outside of the nesting season they shall be passively relocated outside of any development area subject to the authorization of the Department of Fish and Game. BIO-3 Impacts on Herita eg Tree. Im Iementation of SM-BIO-3. The final landsca e lan Les-than-Si nificant ~ C~ ~ Neilsen ProjecbDraft Supplemental EIR Page I-3 ~ City of Dublin January 2009 PA #07-057 QO Section 1.0: Summary of Supplemental Environmental Impacts and Miti~ations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation the proposed Project would result in the loss shall show that the existing Heritage of one Heritage Tree on the Site. Loss of this Tree which is proposed to be removed tree would remove a significant scenic as a part of the residential development resource on the Site. shall be replaced with three 36-inch box size oak trees on the Site. VIS-1 Impacts to scenic resources and the visual None available Significant and character of the Site. The proposed Project Unavoidable would have adverse impacts on scenic vistas and corridors due to development silhouetted above ridgelines, minimal preservation of natural hillside area and limited view corridors to natural hillside areas. VIS-2 Light and glare impacts. The proposed SM-VIS-2. Light fixtures installed as Less-than-Significant Project would increase the amount of light part of the Project shall be equipped sources on the Site, which would result in with cut-off lenses and directed spill over of light and associated glare onto downward to avoid spill over of lights adjacent properties and roadways. onto adjacent properties or roadways. The design of light fixtures shall be specified on final building and improvement plans. AIR-1 Consistency with Clean Air Plan. If SM-AIR-1. If the requested land use Less-than-Significant approved, the proposed Project would entitlements are approved, the City of increase the number of dwellings on the Dublin shall transmit appropriate Project Site by up to 34 dwellings that are not documentation of land use buildout. currently included in the BAAQMD Clean In addition, the following steps shall be Air Plan. taken b the Pro~ect A licant: Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 , l ,, ~ ~ ~ ~ ~ ~ ; ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ Page I-4 January 2009 ~ ~ ~ ~ Section 1.0: Summary of Supplementat Environmental Impacts and Mitigations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation • The project proponent shall negotiate with LAVTA for the construction or reservation of land for transit facilities such as bus . turnouts / bus bulbs, benches, and related public transit facilities. • Provide on site bicycle land and/ or paths, connected to community- wide network. • Provide on site sidewalks and/or paths, connected to adjacent land uses, transit stops, and/or community-wide network. • Allow only natural gas fireplaces and heating stoves. No wood burning devices shall be allowed. • Require dwellings to have outdoor electrical outlets to encourage the use of electric lawn and garden equipment for landscaping and maintenance. • Install ENERGY-STAR appliances. _ SM"AQ_2. In addition to measures Less-than-Significant identified in MM 3.11 / 1.0 of the Eastern Dublin EIR, the City of Dublin shall: a) Require construction contractors to water or cover stockpiles of debris, soil, sand or other materials that ~ Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page I-5 January 2009 ~ ~ ~ ~ OGi _ Section 1.0: Summary of Supplemental Environmental Impacts and Mitigations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation can be blown by the wind. b) Require constnxctiori contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. d) On-site idling of construction equipment and trucks shall be minimized as much as feasible (no more than five minutes maximum). e) All construction equipment shall be properly tuned and fitted with manufacturer's standard level exhaust controls. NOISE-1 Exterior and interior noise exposure. Noise SM-NOISE-1. The following features Less-than-Significant levels adjacent to the Project Site along shall be incorporated into final building Tassajara Road would exceed City exterior plans: noise exposure levels for the rear yards of a) For Lots 1 through 3, a minimum 6- proposed Lots 1 through 3 and for any foot-tall property line noise barrier balconies and upper floor windows facing shall be installed to acoustically Tassajara Road. Interior noise levels within shield future Tassajara Road traffic upper floors for dwellings facing Tassajara noise. Noise barriers could include Road could also exceed City and State either a masonry sound wall or an re uirements. acoustical wood fence. Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 ~ , ~ ~ : ~ ~ ~ ~ ~ ~ . _~ ~ ~ ~ Page I-6 January 2009 ~ r ~ W ~ ~ ~ ~ Section 1.0: Summary of Supplemental Environmental Impacts and Mitigations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation b) For any upper floor balconies for homes constructed on Lots 1 through 9 that would face west, 3- 1/2-foot-tall, solid railing shall be installed to acoustically shield Tassajara Road noise to seated receivers. c) Upper floor windows facing Tassajara Road shall be sound-rated and non-operable to ensure that interior noise standards are met. HAZ-1 Asbestos and lead based paint. Demolition of existing buildings and related improvements could result in potentially significant impacts due to release of asbestos and lead based paint into the atmosphere. There could also be a release of polychlorinated biphenyls (PCBs), which are listed as a pollutant of concern on the City's Regional Permit for Stormwater. SM-HAZ-1. The following actions shall be taken before issuance of the first demolition permit, if multiple permits are issued by the City: a) Asbestos containing material shall be tested for, and if found, removed by a licensed contractor and disposed of in a landfill licensed to accept this level of contaminated material. If required, a permit shall be obtained from the Bay Area Air Quality Management District prior to commencement of work. b) Testing and analysis for lead based paints and PCBs shall be conducted. If such materials are Less-than-Significant Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page I-7 January 2009 n -,L`- ~ ~ ~ Section 1.0: Summary of Supplemental Environmental Impacts and Mitigations Impact Topic/ Supplemental Impact Supplemental Mitigation Measure Net Supplemental Impact After Mitigation found, remediation shall be completed by a licensed contractor. Necessary permits shall be obtained prior to commencement of work. Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 ~ ~ ~ 3 = ,~ ~ ; ~ ~ ~ ~ ~ ~ " # Page I-8 January 2009 ~ ~ ~J ~ ~ ~ ~ V`1 ~ ~ ~' ~ l~ 6 ~5g 1.0 Project Summary 1.1 Introduction This chapter consists of a summary of the proposed Project, a list of environmental issues to be resolved and a summary identification of each environmental impact and associated mitigation measures. A discussion of the applicability of the California Environmental Quality Act (CEQA) and implementing Guidelines to the proposed Project is outlined in Chapter 2. Chapter 3 contains a detailed discussion of the proposed Project. Chapter 4 includes a thorough analysis of supplemental Project impacts and mitigation measures. Chapter 5 provides a range of alternatives to the proposed Project as required by CEQA and a discussion of each alternative. Chapter 6 contains all other CEQA-mandated sections. Finally, Chapter 7 includes the names of the DEIR preparers, individuals and agencies contacted in the preparation of this document and references. Appendices are included as Chapter 8. ' 1.2 Summary of Project Description The Project Site is located in the Eastern Dublin Planning area, more specifically, on the east side of Tassajara Road north of Quarry Lane School (a kindergarten through 12t" grade private school) and south of the Silvera Ranch property (developed with a residential housing development), approximately 1.5 miles north of the I-580 freeway. , The property address is 6407 Tassajara Road and the Alameda County Assessor's Parcel Number (APN) is 985-0002-009-02. The westerly portion of the Site is used for cattle grazing and seasonal Christmas tree sales. One residential dwelling, an agricultural mobile home, horse arena and associated outbuildings have been built on the Site. Access to the Site is provided by Silvera Ranch Road via Tassajara Road, immediately west of the Site. In turn, Tassajara Road is linked to Interstate 580 via an existing interchange thus providing regional connections. The Project includes the creation of thirty-four (34) lots on the Site. Proposed lots have t been arranged on two cul-de-sac streets. Lots would either be located on flatter portions of the Site or would contain split-level dwellings to minimize the amount of grading. Each of the proposed lots would accommodate a single-family dwelling and a garage. Proposed Lots 15 and 20 could each accommodate a duplex dwelling (for the provision of affordable housing only), so the number of dwellings could be thirty-six (36). If the proposed Emergency Vehicle Access (EVA) located in the southwest corner of the Site is not needed or relocated, Lot 34 could be developed with a house in the future. Steeper portions of the Project Site, in the northeast corner of the Site, would remain as non-buildable open space. A landscaped setback would also be provided along ~ Tassaj ara Road. Neilsen ProjecUDraft Supplemental EIR Page 1 ~ City of Dublin January 2009 PA #07-057 l~7 ~7~~ ~ Existing wireless telecommunication facilities (cell towers) on the Site are proposed to remain, or could be relocated on the Site or eliminated. Access to the Project Site would be provided by expanding the existing driveway off of Silvera Ranch Drive to the north. Silvera Ranch Drive in turn intersects with Tassajara Road at a signalized intersection. Requested land use entitlements that would allow the proposed Project to proceed include: • A General Plan and Eastern Dublin Specific Plan Amendment, to modify the land use designation from Rural Residential / Agriculture to Single Family Residential and to reduce the width of on-site streets. ~ A Stage 1 PD Rezone Amendment & Stage 2 PD Rezoning from PD- IZR/A to PD-SFR to allow construction of up to 36 dwellings on the Site. A Vesting Tentative Subdivision Map for the Site. 1.3 Summary of Environmental Issues Based on the environmental analysis contained in the Initial Study for this Project (see Appendix 8.1) and responses (see DSEIR Appendices 8.2 and 8.3) to the Notice of Preparation issued by the City of Dublin, the following topics are addressed in the DEIR. • Land Use ~ Population and Housing • Traffic and Circulation • Water Supply & Storm Drainage and Water Quality • Soils, Geology & Seismicity • Biological Resources • Visual Resources • Air Quality • Greenhouse Gas Emissions • Noise ~ Hazards and Hazardous Materials 1.4 Summary of Irnpacts and Mitigation Measures Each potentially significant impact and associated mitigation measure (if required) identified in this DSEIR is summarized in Table 1.1. The summary chart has been organized to correspond with the more detailed impact and mitigation measure discussion found in Chapter 4. Table 1.1 is arranged in three columns. The first column identifies environmental impacts by topic area and level of impact (i.e. significant impact, less-than-significant impact or no impact) prior to implementation of any mitigation measures. The second column includes mitigation measures. This summary only includes new mitigation measures under this DSEIR. It does not include references Neilsen ProjecUDraft Supplemental EIR Page 2 City of Dublin January 2009 PA #07-057 ~ ~ ~.; i~~ ~~~ to the mitigation measures that are applicable to the proposed Project under the Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH # 91103064). These mitigation measures will be incorporated into the Project approvals. This chapter is a summary of the following DSEIR, consistent with CEQA Guidelines Sec. 15123. For a complete description of the environmental setting, impacts associated with this proposed Project and mitigation measures, refer to Chapter 4 of this DSEIR. 1.5 Summary of Alternatives The DSEIR analyzes three alternatives to the proposed Project, in addition to the alternatives analyzed in the Eastern Dublin EIR for the entire Eastern Dublin planning area. • Alternative 1: "No Project," which assumes that the Site remains in its current condition with one single family dwelling, one agricultural mobile home and associated accessory structures. • Alternative 2: Clustered Development. The second alternative assumes retention of the existing main house and construction of 5 single-family dwellings and 32 three-story townhouses. Alternative 3: Reduced Development. The third alternative includes retention of the existing dwellings on the upper portion of the Site and construction of 12 single-family dwellings on the east side of Tassajara Road. Access would include use of the current driveway to the two existing dwellings and construction of a cul-de-sac street paralleling Tassajara Road to serve the proposed single-family dwellings. These alternatives are detailed and analyzed in Chapter 5 of the DSEIR. 1.6 Areas of Known Controversy The Project site consists of constructing a housing Project within an existing Specific Plan area. There are no known areas of controversy with respect to environmental issues. Neilsen Project/Draft Supplemental EIR Page 3 ~ City of Dublin January 2009 PA #07-057 /~ ~ -'~~ , . ~ Table 1.1-Summary of Impacts and Mitigation Measures Neilsen Project/Draft Supplemental EIR Page 4 City of Dublin January 2009 PA #07-057 I~o ~ 7~~ 2.0 Introduction 2.1 EIR Requirement This Environmental Impact Report supplements an Environmental Impact Report prepared to address the impacts of the Eastern Dublin General Plan Amendment and Specific Plan. The Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("Eastern Dublin EIR") was adopted by the City of Dublin on May 10, 1993 by Resolution No. 53-93 and included approximately 6,920 acres of land for the General Plan Amendment (GPA) and 3,328 acres of land for the Specific Plan within the GPA area. The property considered in this document includes properties generally bounded by the I-580 freeway to the south, the Alameda County/Contra Costa County line to the north, Parks Reserve Forces Training Area (Parks IZFTA) to the west and the ridgeline betcveen Collier and Doolan Canyon to the east. This Environmental Impact Report is hereafter referred to as the Eastern Dublin EIR. The State Clearinghouse Number (SCH) for this EIR is 91103064. This proposed Project includes consideration of amendments to the Dublin General Plan, the Eastern Dublin Specific Plan and an amendment to the current Planned Development zoning that would facilitate development of a single family subdivision on a 10.9 gross acre parcel of land located on the east side of Tassajara Road north of Quarry Lane School. w Consistent with the City's practice for projects in Eastern Dublin, the City recently prepared an Initial Study to determine if the proposed Project for the property would require additional environmental review beyond that analyzed in the previous EIR. The Initial Study is found in Appendix 8.1 of this DSEIR. The Initial Study disclosed that many anticipated impacts of the proposed actions have been adequately addressed in the Eastern Dublin EIR. This is consistent with the comprehensive environmental analysis undertaken as part of the Eastern Dublin EIR with a 20-30 year build-out horizon. Although the Initial Study concluded that the previous EIR adequately analyzed most of the potential environmental impacts of the proposed Project, it also identified the potential for a number of new significant impacts or potentially intensified impacts beyond those analyzed in the Eastern Dublin EIR. The City of Dublin has determined that the potential for new and/or substantially intensified impacts required review at an EIR level and concluded that a Supplemental EIR should be prepared. , Consequently, as required by CEQA, the City prepared and circulated a Notice of Preparation (NOP) to interested public and private parties. A copy of the NOP is included as Appendix 8.2 and responses to the NOP are included in Appendix 8.3. Neilsen Project/Draft Supplemental EIR Page 5 City of Dublin January 2009 PA #07-057 ~ ~i~ -~~ ~ ~ 2.2 5cope of Supplemental EIR Once an EIR is certified for a project, CEQA prohibits Lead Agencies from preparing a supplemental or subsequent EIR except under specific circumstances. According to CEQA Guidelines Section 15162, additional EIR-level review may be required only when substantial changes to a project would cause new or substantially increased significant effects, or when substantial changes in circumstances would result in new or substantially increased significant effects, or when substantial new information shows a project would cause new or substantially increased significant effects, or when it is shown that previously infeasible mitigation measures would now be feasible but the project proponent declines to adopt them. As described in the Initial Study, the proposed Project includes changes to the land use designation and density for the property that may result in potentially new or substantially increased impacts from those analyzed in the Eastern Dublin EIR. Therefore, this supplemental EIR analyzes those potential impacts. This DSEIR describes the degree to which the Project's potential impacts to these environmental categories were adequately addressed in the previously certified Eastern Dublin EIR. It further describes the type and extent of potential significant impacts beyond those analyzed in the previous Eastern Dublin EIR. Where supplemental significant impacts are identified, mitigation measures are proposed to reduce the impacts to a less-than-significant level. CEQA requires that an EIR identify a reasonable range of alternatives, which was done in the Eastern Dublin EIR for the Specific Plan area. One of these alternatives was adopted in modified form in the 1993 approvals. To address the potential for new and/or substantially intensified significant impacts, this revised DSEIR identifies additional alternatives for the Project area that could avoid or potentially lessen identified impacts. This DSEIR is based on the Project applications and available level of detail, including technical studies to amend both the Dublin General Plan and Eastern Dublin Specific Plan, to amend the current Planned Development zoning on the site and to approve a Development Agreement. If these entitlements are approved, the Applicant would be allowed to subdivide the Site and construct up to 36 dwellings. The Eastern Dublin EIR and this Draft Supplemental EIR (DSEIR) together identify and assess the potentially significant impacts of the proposed actions associated with this Project. The 1993 Eastern Dublin EIR is available for review at the City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568 during normal business hours. 2.3 Legal Basis for Supplemental EIR Based on the previous EIR analysis and CEQA Guidelines Sections 15162 and 15163, the City has determined that a Supplemental EIR should be prepared for this Project rather than a Subsequent EIR. Subsequent and Supplemental EIRs are both similar in procedural and substantive respects. Both types of EIRs build on a previously certified EIR. Both types of EIRs analyze potentially significant changes to a project and/or Neilsen ProjecUDraft Supplemental EIR Page 6 City of Dublin January 2009 PA #07-057 l 7°~ ~ ~~~ environmental circumstances when those changes would result in a new significant impact or would substantially increase the severity of previously identified impacts. Both types of EIRs are circulated by themselves, without the previously certified EIR. With the above similarities, the choice between a Subsequent and Supplemental EIR is a matter of the degree of additions or modifications to the previous EIR needed to analyze the new or substantially increased significant impacts. Neither is a"new" EIR; both types of EIRs analyze the substantial changes from the previous analysis. Based on the Initial Study prepared for the Project, the City has determined that a Supplemental EIR is appropriate for the following reasons: 1. The overall type and urban character of land uses within the Project area are consistent with the type of approved urban land uses generally as shown in the Eastern Dublin General Plan in the adjacent area. 2. Proposed additions or modifications needed to update the previous EIR to reflect the scope of this Project do not require a full re-analysis of a particular impact. 3. The proposed Project includes undertaking actions identified in the previously certified EIR as implementing actions. For the above reasons, the City has determined that the current Project does not raise new policy issues as to the general type, location, direction or extent of growth as addressed in the Eastern Dublin EIR. Further, the range of potential impacts identified in the Initial Study (see Appendix 8.1) is the same range as previously analyzed in previous EIR. Finally, the nature of the potential changes identified in the Project Initial Study generally requires updating or refinement of the previous EIR analysis, rather than a full re-analysis. Irrespective of the label, and consistent with both Subsequent and Supplemental EIR provisions of CEQA Guidelines Section 15162 and 15163, the City will not approve the Project without first certifying an EIR which comprehensively ~ addresses the potential for significant environmental impacts of the current Project ~ beyond those addressed in the previous EIR. ~' 2.4 Organization of Draft Supplemental EIR The Draft Supplemental EIR ("DSEIR") supplements the Program EIR and Addenda certified by the City of Dublin for the Eastern Dublin General Plan Amendment and Specific Plan (SCH #911003064, "Eastern Dublin EIR, or "EDEIR," incorporated herein by reference) also incorporated by reference. This document is organized as follows: • Chapter 1: Summary of impacts and rnitigation measures. This is presented in tabular form. ~ Chapter 2: Introduction. Chapter 2 describes the organization of the DSEIR. • Chapter 3: Project Description. This chapter describes the proposed Project, Project location and setting. Project Objectives are also described as well as future ~ approvals required to implement the proposed Project. Neilsen ProjecUDraft Supplemental EIR Page 7 ~ City of Dublin January 2009 PA #07-057 "13 ~5g ~` ~ ~ • Chapter 4: Environmental Setting, Impacts and Mitigation Measures. Chapter 4 includes the impact and mitigation analysis for the Project. Each environmental topic includes existing conditions (the setting); potential supplemental environmental impacts and their level of significance; and mitigation measures recommended to reduce identified significant impacts. ~ Chapter 5: Alternatives. This chapter addresses alternatives to the proposed Project and a discussion of an environmentally superior alternative. • Chapter 6: Required CEQA Discussions: Chapter 6 includes additional discussion as required by CEQA. • Chapter 7: Report Authors and References. Chapter 7lists the authors of the EIR and organizations and persons consulted as part of the environmental analysis as well as references used in the preparation of this DSEIR. ~ Chapter 8: Appendices. Contained in the Appendices are the Initial Study, Notice of Preparation (NOP), responses to the NOP, Resolution No. 53-93 approving the Eastern Dublin Project, including mitigation findings, overriding considerations and mitigation monitoring program; and copies of the supplemental air quality analysis, biological analysis, noise analysis and traffic analysis. 2.5 DSEIR Review Process The DSEIR will be circulated for public review and comment pursuant to CEQA. Written responses will be prepared to all relevant comments on environmental issues received during the 45-day public review period. Public comments and responses will be compiled in a Final Supplemental EIR (FSEIR), which will be available for public review at least 10 days prior to certification of the SEIR by the City of Dublin. After certification of the SEIR, the City will consider the requested Project approvals and make appropriate findings based on the certified SEIR. 2.6 Notice of Preparation and Scoping Meeting The City of Dublin has completed a Notice of Preparation (NOP) for the proposed Project and has circulated the NOP to the State Office of Planning and Research (OPR) State Clearinghouse, all responsible and trustee agencies, other public agencies and interested citizens as required by CEQA. A scoping meeting for the proposed DSEIR was conducted on June 18, 2008.. Neilsen ProjecUDraft Supplemental EIR Page 8 City of Dublin January 2009 PA #07-057 ~, I 7y ~' ~.~~ 3.0 Project Description 3.1 Project Location. The Project Site is located in the Eastern Dublin Planning area, more specifically, on the east side of Tassajara Road north of Quarry Lane School and south of the Silvera Ranch property, approximately 1.5 miles north of the I-580 freeway. The property address is 6407 Tassajara Road and the Alameda County Assessor's Parcel Number (APN) is 985-0002-009-02. The westerly portion of the Site is used for cattle grazing and seasonal Christmas tree sales. One single-family dwelling, one agricultural mobile home, horse arena and associated outbuildings have been built on the Site. Exhibit 3.1 depicts the regional setting of Dublin and Exhibit 3.2 shows the location of the Project area in context of the City of Dublin. Exhibit 3.3 is an aerial photo of the Site showing on-site uses and nearby features, including Tassajara Road. 3.2 Project Site Features Existing land uses. The Site, which was annexed to the City of Dublin in 2003, consists of approximately 10.9 gross acres of land containing one single-family dwelling, one agricultural mobile home, detached garages, a horse arena, an agricultural out building and wireless communication facilities and related equipment enclosures. The Site typically exhibits moderate to steep topography with the northeast corner of the site rising to a height of approximately 570 feet above mean sea level. A flat area exists in the northwest corner. A flat pad has been graded at an elevation of approximately 444 feet above sea level in the north-central portion section of the Site for a horse arena.. [is this the correct location or are you talking about the flat area at the entry/Tassajara Road. If the entry, we believe this is flat valley bottom] The main dwelling is located in the south central portion of the Site and is located on a flat graded pad with an estimated elevation of 558 feet above sea level. An agricultural mobile home and horse arena are located in the northerly portion of the Site. The Site also contains two wireless communication facilities. One monopole-type tower is located on the southeastern corner of the site and a second facility (designed to ,~ appear to be several low shrubs) is located on the southwestern corner of the Site. Access to the Nielsen Property is gained via a driveway off of Silvera Ranch Road to the ,,~ north of the Site. An unimproved private roadway then provides on-site access to the flat Christmas tree lot and arena and the dwellings. Neilsen ProjecUDraft Supplemental EIR Page 9 ~<{ City of Dublin January 2009 PA #07-057 - 75 ~ ~~ Adjacent land uses. Existing land uses adjacent to the Project area include recently constructed single and multi-family dwellings to the north on the Silvera Ranch property; vacant land to the east within Dublin Ranch, Quarry Lane School; a private education facility to the south; and vacant land to the west, part of the approved but not yet constructed Dublin Ranch West (Wallis Ranch) property. 3.3 Prior Planning Approvals Eastern Dublin General Plan Amendment. In 1993, the City Council approved the Eastern "`~' Dublin General Plan Amendment and Specific Plan (hereafter, "Eastern Dublin project"). The approved project was a modified version of the original General Plan Amendment (hereafter, "GPA") for a 6,920-acre planning area generally known as `~ Eastern Dublin. The original GPA proposed to change commercial land use designations on County property in the southwest portion of the GPA area and agriculture/open space designations elsewhere in the planning area to a range of urban '"" uses, as shown on Figure 2-E of the Eastern Dublin Draft EIR. Within the nearly 7,000 ~_ acre planning area, a new Eastern Dublin Specific Plan proposed land use policy at a greater level of detail in order to "bridge" general plan policy and individual ~ development projects. Intended for both policy and regulatory use, the Specific Plan ~. addressed 3,328 acres, supplementing the GPA with more detailed land use designations, policies, programs and regulations. (Eastern Dublin Draft EIR, hereafter, +~ "Eastern Dublin EIR.") The GPA planning area was located east of the City of Dublin as it existed in 1993. The planning area is characterized by a relatively flat plain along I-580, which gives way to rolling foothills and increasingly steep slopes to the northeast. Apart from facilities on County property in the southwest portion of the planning area (former Santa Rita Rehabilitation Center, U.S. Naval Hospital), the Eastern Dublin project area consisted primarily of open grasslands used for grazing and dry farming, and scattered residences. (Eastern Dublin EIR, p. 2-3.) The original GPA land use plan proposed to replace the undeveloped planning area with a mixed-use urban community. The project concept is set forth in the following excerpt from the Eastern Dublin EIR. Residential and employment-generating uses will be balanced to enable residents to live near work. Employment-generating uses include retail, service, office, governmental, research and development ("R and D"), and light industrial. Residential designations range from Rural Residential to High Density multi- family. Higher density housing has been located near the future BART station and along a key transit corridor. Higher densities have also been located close to commercial centers where the concentration of population will contribute to that center's social and economic vitality. The project provides a full complement of regional office and retail land uses located near freeway interchanges, local-serving commercial centers are envisioned as pedestrian- and transit-oriented mixed-use concentrations which Neilsen ProjecUDraft Supplemental EIR Page 10 City of Dublin January 2009 PA #07-057 ~'7~ -~~8f ~ include retail, service, office, and residential uses, and are carefully integrated with surrounding residential neighborhoods. Open space is a major component of the project's land use plan, giving form and character to the urban development pattern. The open space concept envisions a community ringed by undeveloped ridgelines. Urban and open space areas will be linked by an open space network structured along enhanced stream corridors. The circulation concept calls for an integrated, multi-modal system that reduces potential traffic impacts by providing area residents with choices for a preferred mode of transportation. (DEIR pp. 2-4, Eastern Dublin Responses to Comments, hereafter, "FEIR" p. 66.) At build-out, the GPA planning area was projected to provide 17,970 new residences, including 2,672 acres designated for Rural Residential with a 100-acre minimum parcel size. Approximately 10.6 million square feet of new commercial space, 25 parks on 287 acres, 571 acres of designated open space, and 12 new schools were also planned, all on 6,920 acres of land. (Eastern Dublin EIR, p. 2-7.) Build-out was expected to occur over a 20 - 30 year period from the start of construction. (Eastern Dublin EIR, p. 2-6, Eastern Dublin Final EIR p. 8.) The major policies of the GPA are summarized on pages 2-9 -10 of the Eastern Dublin EIR. Eastern Dublin Specific Plan. The Eastern Dublin Specific Plan addresses 3,301 acres in the western portion of the GPA planning area. Seventy percent of the GPA residential development and 94% of the new commercial space was planned for in the Specific Plan area. (Eastern Dublin EIR, p. 2-8.) The land use plan calls for compact villages with residential and neighborhood serving uses. Employment-generating commercial uses are provided along arterials with transit access. (Id.) The major policies of the Specific Plan are set forth on pages 2-10 to 2-14 of the Eastern Dublin EIR. The EDSP designates the Project Site as Rural Residential/Agricultural, which allows one single-family residential unit, agricultural and grazing uses and ancillary uses on minimum 100-acre lots. Eastern Dublin EIR. The City of Dublin prepared a Program EIR for the Eastern Dublin project based on the origina16,920-acre GPA planning area and land use designations, and 3,301 acre Specific Plan area, both as described above. (SCH # 91103064.) The EIR also identifies a third component of Project Implementation. (Eastern Dublin EIR, p. 2- 4.) This component includes "procedural steps ... to be undertaken for full implementation of the [GPA and Specific Plan] Project." This included Alameda County Local Agency Formation Commission (LAFCO) determinations on annexation to the City of Dublin and other similar actions. One of these actions includes resolution of school district boundaries between the Dublin Unified School District and the Livermore Valley Joint Unified School District boundary. ~ The City initiated the Eastern Dublin project in 1988 after several separate development projects were proposed for the area. The goal of the project was to provide '" comprehensive planning~for development types, locations and patterns in Eastern Neilsen ProjecUDraft Supplemental EIR Page 11 City of Dublin January 2009 PA #07-057 ~ ~ 7 ~7~~- ~A ~ Dublin, which would be implemented through future individual development projects. As noted in the Eastern Dublin EIR statement of project objectives, one of the objectives of the project was to preserve visually-sensitive and biologically-sensitive habitat areas, encourage development patterns that support transit on local and regional levels, and maintain balanced employment and housing opportunities to reduce traffic congestion and air pollution. (Eastern Dublin EIR, p. 2-5.) The EIR analyzes the potential environmental effects of adopting and implementing the GPA and Specific Plan project. The EIR also analyzes the cumulative effects of the Eastern Dublin project, that is, the project "within the context of regional development." (DEIR p. 5.0-1.) As required by CEQA, the Eastern Dublin EIR includes a list of ongoing and future development projects that, together with the Eastern Dublin project, might "compound subregional (i.e. Tri-Valley) environmental problems." (Id.) Reflecting a surge of development interest at the time, the cumulative projects in Dublin alone included 924 units, plus another 3,133 units on 3,140 acres in Western Dublin, and the potential intensification of uses at Parks RFTA. The Dougherty Valley Specific Plan projected 11,000 units; while the City of Livermore was considering the North Livermore General Plan Amendment with a build-out potential between 3,713 and 16,513 units. The various cumulative projects also proposed several million square feet of non-residential development. The list of cumulative projects from the Eastern Dublin EIR is shown on Figure 5-A of that DEIR. Virtually all of the potential new development areas in the list of cumulative projects was undeveloped land, primarily in agriculture and/or open space uses, as evidenced by the aerial photographs which form the base maps for Figures 2-B and 2-C of the Eastern Dublin DEIR. As would be expected for a major general plan level project during a time of major development activity, the Eastern Dublin EIR identified many potential significant impacts on both a project (GPA and Specific Plan) level and a cumulative (regional) level. Mitigation measures were proposed and adopted for most of the significant impacts to reduce them to less than significant. The City of Dublin would implement some of the mitigation measures directly; examples include but are not limited to adopting a stream corridor restoration program, designating substantial areas within the project area as Open Space or Rural Residential where low density development will also provide foraging habitat, and continuing to participate in regional studies of future transportation requirements, improvements and funding. Other mitigations would be implemented through conditions or development standards for future development projects; examples include but are not limited to proportionate-share contributions to roadway improvements and transit service extensions. Many of the mitigation measures also included policies and action programs identified in the Eastern Dublin GPA and Specific Plan documents. Even with mitigation, however, some of the identified significant impacts could not be reduced to a less than significant level. Several of these impacts were cumulative level impacts, such as loss of agriculture and open space, I-580 and other regional traffic impacts, and air quality impacts. As required by CEQA, the Draft EIR identified project alternatives, including No Project and No Development alternatives, a Reduced Land Use Intensities alternative, and a Reduced Planning Area alternative, and analyzed Neilsen Project/Draft Supplemental EIR Page 12 City of Dublin January 2009 PA #07-057 ~.~. ~., ~ 17~ 75 ~ ~ whether the alternatives would avoid any of the otherwise unavoidable impacts. As further discussed below, the City Council adopted a modified version of the Reduced Planning Area alternative after certifying the EIR as adequate and in compliance with CEQA on May 10, 1993. (Resolution 51-93.) The City Council also certified an Addendum dated May 4, 1993 which assessed the modifications to the Reduced Planning Area alternative and concluded that this alternative "will have no environmental impacts not addressed in the Draft Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan." (May 4, 1993 Addendum, p. 1.) The Addendum further concluded that no subsequent or supplemental EIR was required under CEQA Guidelines section 15162 or 15163 for approval of the modified alternative. A second Addendum was later prepared. Dated August 22, 1994, the second Addendum updated plans for providing sewer services to Eastern Dublin. The May 10, 1993 certified EIR, the May 4, 1993 Addendum and the August 22, 1994 Addendum are collectively referred to hereafter as the Eastern Dublin EIR, or the "EDEIR" and are incorporated herein by reference. Appendix 8.4 includes Dublin City Council Resolution No. 53-93, certifying the Eastern Dublin EIR and adopting a Statement of Overriding Considerations. Eastern Dublin project approval. The Eastern Dublin General Plan Amendment and Specific Plan planning process spanned some five years beginning in 1988. The City identified a preferred alternative in 1991 and prepared a draft GPA for the 6,920-acre planning area and a Specific Plan for 3,228 acres in 1992. A Draft EIR was prepared and circulated for public review in August of 1992. After numerous Planning Commission and City Council hearings, the City Council declined to approve the origina16,920-acre GPA. Instead, the City Council approved a modified version of the Eastern Dublin EIR's Alternative 2: Reduced Planning Area. (Resolution 53-93, see Appendix 8.4 of this DSEIR.) Alternative 2 reduced the GPA area by 2,744 acres, a nearly 40% reduction in project area. More specifically, Alternative 2 provided for build-out of the Specific Plan area, build-out of the GPA area only within the Dublin Sphere of Influence, but no ~ annexation and no GPA for poolan Canyon. (DEIR p. 4-9.) Intended as a"midpoint" between development and environmental concerns: ~ Doolan Canyon would not develop and its current agricultural land uses and rural character would be maintained. The importance of this area's function as a "green" community separator between Dublin, Livermore and the Tassajara ° Valley would increase as development occurred in eastern Dublin, and North Livermore, and lands east of San Ramon. (Id.) '~ Following certification of the Eastern Dublin EIR and approval of the modified Reduced Planning Area alternative, a lawsuit was filed challenging the validity of the EIR. The Court upheld the EIR, finding it in compliance with CEQA and the CEQA Guidelines. ~ The City has since implemented the mitigation monitoring program adopted by the Neilsen Project/Draft Supplemental EIR Page 13 City of Dublin January 2009 PA #07-057 1 ~1 --~~5 8- ~. ~ ~ Council (Resolutions No. 53-93 and 123-96), as interpreted by the Court's Memorandum of Decision. Copies of the resolution and the Court's Memorandum of Decision may be obtained from the City Clerk. 3.4 Project Applications Overview. An application has been filed with the City of Dublin to create thirty-four (34) lots on the Site. Exhibit 3.4 shows the proposed Stage 1 and Stage 2 PD- Development Plan for the Site. Proposed lots have been arranged on two cul-de-sac streets. Lots would either be located on flatter portions of the Site or would contain split-level dwellings to minimize the amount of grading. Each of the proposed lots would accommodate a single-family dwelling and a garage. Proposed Lots 15 and 20 could each accommodate a duplex dwelling (for the provision of affordable housing only), so the number of dwellings could be thirty-six (36). If the proposed Emergency Vehicle Access (EVA) located in the southwest corner of the Site is not needed or relocated. Lot 341ot could be developed with a single family dwelling. Project characteristics. The Applicant proposes to construct up to 36 single family detached and duplex dwellings on the Project Site. The proposed Stage 2 PD- Development Plan is shown on Exhibit 3.4. The proposed lots would be arranged on two cul-de-sac streets (Streets "A" and "B"), with the minimum lot size being 5,000 square feet, excluding lots with duplex units. Many of the proposed lots would accommodate dwellings with up-split or down-split foundations to assist in minimizing the amount of grading, although a few of the lots could be designed to have a flatter (less steep) grade. Steeper portions of the Project Site, in the northeast corner of the Site, would remain as non-buildable open space. A landscaped setback would also be provided along Tassajara Road. Existing wireless telecommunication facilities (cell towers) on the Site are proposed to remain, or could be relocated on the site or eliminated. Access and circulation. Access to the Project Site would be provided by expanding the existing driveway off of Silvera Ranch Drive located to the north. Silvera Ranch Drive in turn intersects with Tassajara Road at a signalized intersection. This access is shown on Exhibit 3.4. The requested amendments to the General Plan and Eastern Dublin Specific Plan include reducing the right-of-way widths of streets from 46 feet to 45 feet (34 feet for single loaded streets) and the curb-to-curb width from 32 feet to 29 feet for single loaded streets. The request also includes reducing the right-of-way radii for cul-de-sac bulbs from 46 feet to 44.5 feet. As part of the proposed subdivision map, the Applicant will be required to dedicate additional property along the westerly side of the site for the widening of Tassajara Road to an ultimate of six (6) travel lanes, three lanes northbound and three lanes southbound, plus sidewalks and parkway landscaping. ~ ~ Neilsen Project/Draft Supplemental EIR Page 14 City of Dublin January 2009 PA #07-057 ~ ~ ~~ -7' S8 ~ Sidewalks will be provided at the entry to the development and inside of the residential development. Sidewalks would be constructed on both sides of the street where there are houses. For single loaded streets, the sidewalk will be located in front of the dwellings only. A meandering sidewalk would also be provided along the Project's Tassajara Road frontage. A 20-foot wide Emergency Vehicle Access (EVA) roadway is proposed from the southerly terminus of Street A to Tassajara Road for police, fire and other emergency vehicle access. Grading and infrastructure. The developer of the Project Site would construct the road and sidewalk system described above as well as on-site water, wastewater, recycled water, and storm drainage facilities required to support proposed future development. Grading of the Site would also occur. Grading activities would consist of grading and recontouring the central and southerly portions of the Site to accommodate proposed roads and split building pads. The northwesterly and southeasterly portions of the Site would have minimum grading, since these sites currently have moderate to flat slopes. The northeasterly portion of the Site, which has steep slopes, would not be graded and would remain in nonbuildable open space. A number of retaining walls, ranging in size from approximately 2 to 6 feet in height, would be needed to allow the proposed development Project to be constructed. Dublin San Ramon Services District (DSRSD) would provide domestic and recycled water to the site as well as wastewater treatment and disposal services. These services are planned in accordance with the DSRSD Eastern Dublin Facilities Master Plan, as revised. DSRSD has constructed and currently maintains potable water lines within the right-of-way of Tassajara Road and, should the Project be approved, laterals would be constructed between the Project Site and these existing water lines. The Project Developer will also be required to pay facility fees to DSRSD to assist in funding upgraded water facilities in this portion of Eastern Dublin. Wastewater service would require the Project developer to install on-site local underground sewer lines to transport wastewater to existing sewer lines in Tassajara "' Road where it is conveyed on to DSIZSD's regional treatment plant. Sewer lines are all proposed to be gravity flow. Recycled water would be provided to the Project Site from Tassajara Road for use in irrigation of common open space areas and other areas. This would reduce the need for potable water for the proposed Project. A recycled water line main exists south of the site within the Tassajara Road right-of-way. The DSRSD Master Plan includes a provision to extend this line north to the intersection, adjacent to the Project frontage, to the intersection of Tassajara Road and Fallon Road. On-site recycled water lines would Neilsen ProjecUDraft Supplemental EIR Page 15 City of Dublin January 2009 PA #07-057 ~~~ ~ ~ ~~g be installed as part of Project construction and would be connected to the recycled water main once it is extended to the north. Storm drainage would be accommodated by local facilities, which consist of smaller pipes connecting individual sites to the City's collector system in Tassajara Road. The Project Site lies within the boundary of Zone 7, the agency that maintains regional drainage facilities in the Tri-Valley area and stormwater would ultimately be transported in Zone 7 regional facilities to the south for ultimate disposal into San Francisco Bay. In terms of water quality protection, the proposed Project will be subject to Best Management Practices to support water quality standards as enforced by the City of Dublin. The Applicant has proposed the installation and use of a bio-retention cell or other water quality features to be located in the northwest corner of the Site or potentially combined with facilities on adjacent parcels. The ultimate size and design of this facility will be determined in conjunction with the City of Dublin. Landscaping. A preliminary landscaping plan has been prepared for common ownership portions of the Project Site. Proposed landscaping is shown on Exhibit 3.5 and would include a mix of canopy and accent trees along the Tassajara Road frontage and along interior Project streets. A combination of shrubs and other landscape material would be planted along Tassajara Road. Open spaces would be planted with a combination of grasses and wildflowers. Tentative Subdivision Map. The Applicant proposes to subdivide the 10.9-acre Site into 34 smaller lots for the purpose of constructing dwellings on each of these lots. A number of other lots would also be subdivided for open space, water quality improvement and emergency vehicle access purposes. The proposed Tentative Subdivision Map is shown on Exhibit 3.6. Inclusionary Housing Requirement. Dubliri s Zoning Ordinance (Chapter 8.68) requires that 12.5 percent of the number of dwelling units in each development Project be reserved for occupancy by very-low, low and moderate-income households. This requirement can be met by construction of the specified number of dwellings, payment of in-lieu fees to the City for up to 5% of the requirement, dedicating land for construction of future housing projects, rehabilitating existing qualifying units, or any combination thereof; or by alternative methods approved by the City Council. Prior to final approval of the requested land use entitlements, the Applicant and City of Dublin will determine specific methods by which the proposed Project would comply with City requirements. Phasing. Phasing for the proposed Project is unknown and would be subject to market ~ and economic conditions. Pursuant to the Stage 1/Stage 2 Development Plan, Project construction will be accomplished in one phase that would include mass and final grading of the Site and installation of Project infrastructure. _ Requested land use entitlements. The following land use entitl~ements have been Neilsen Project/Draft Supplemental EIR Page 16 City of Dublin January 2009 PA #07-057 ~ ~ i~ 7~ ~~ requested to allow implementation of the proposed Project: • General Plan and Eastern Dublin Specific Plan Amendment, to modify the land use designation from Rural Residential/Agriculture to Single Family Residential and to reduce the width of on-site streets. • Stage 1 PD Rezoning Amendment & Stage 2 PD Rezoning from PD-RR/A to PD- SFR to allow construction of up to 36 dwellings on the Site. ~ A Vesting Tentative Subdivision Map to divide the Site into smaller building and open space lots. 3.5 Project Objectives The objectives of the Eastern Dublin project are set forth in the Eastern Dublin EIR. (DEIR p. 2-5.) All of the identified objectives are objectives of the current Project as it implements the comprehensive land use plan adopted in 1993. Additional objectives of the Project include. a) Implement the City's objectives for Eastern Dublin as set forth in the General Plan, Eastern Dublin Specific Plan, and Eastern Dublin EIR; b) Initiate a zoning level framework to guide future development projects within the Project area consistent with the General Plan, Eastern Dublin Specific Plan and surrounding urban-type land uses; c) Achieve development of up to 36 dwellings, including single family detached and attached dwellings, to assist in meeting the City of Dubliri s quantified housing objectives included in the adopted Housing Element of the General Plan; d) Assist in the future development of other properties within this Project area, consistent with the Dublin General Plan and Eastern Dublin Specific Plan; e) Create an attractive neighborhood that works with the terrain and ' maintains landform through product type and grading while achieving the development density as prescribed by the proposed General Plan land use category; f) Allow for a residential project of sufficient density to provide economies of scale that allow for high quality design and construction; g) Allow for the development of a project that achieves the goal of providing usable rear yards with single-family homes; h) Create a neighborhood that is compatible with both the residential and non-residential uses in the immediate vicinity; i) Allow for the development of a project that can provide needed local and regional roadway improvements along the Project Site's frontage on Tassajara Road as well as improvements to the Silvera Ranch water quality basin. j) Allow for the development of a project that can contribute funds to construct schools, parks, and other community facilities that are a benefit ~ citywide. Neilsen Project/Draft Supplemental EIR Page 17 City of Dublin January 2009 PA #07-057 I ~ 3 -~58 ~ ~ 3.6 Future Actions Using This Draft Supplemental EIR This Draft SEIR supplements the certified Eastern Dublin EIR pursuant to Sections 15162 and 16163 of the CEQA Guidelines for the following requested land use entitlements related to the proposed Project. Approval of Amendments to the General Plan and Eastern Dublin Specific Plan to replace the existing "Rural Residential/Agriculture" land use designation with a"Single Family Residential" land use designation. Approval of a Stage 1 PD Rezoning Amendment and Stage 2 Planned Development Rezoning. Approval of Tentative and Final Subdivision Maps. The following additional land use entitlements, permits and approvals will also be required in order to implement the proposed Project: • Site Development Review for proposed building elevations and related review of the design aspects of the proposed Project (City of Dublin) • Approval of a Development Agreement (City of Dublin) • Grading Plan, Improvement Plans, Demolition and Building Permits (City of Dublin) • Sewer and water connections (DSRSD) • Encroachment permits (City of Dublin) • Notice of Intent (State Water Resources Control Board) • Determination of Conformity with Alameda County Airport Land Use Policy Plan (Alameda County Airport Land Use Commission) In addition to the above approvals, the DSEIR may also be used by State or regional agencies in their review of other permits required for the Project. Neilsen Project/Draft Supplemental EIR Page 18 City of Dublin January 2009 PA #07-057 ~ ~ ~- S~ 0 " 10 Miles ~~ EXHIBIT 3.1-REGIONAL LOCATION CITY OF DUBLIN . NIELSENPROPERTY- TASSAJARA VALLEY ENVIRONMENTAL IMPACT REPORT IIIACKAY ~ S~ ~ ~.o. .~. nrx~.a, a p~q ~sa~o Pacific Ocean 08-14-2008 2:13pmLisa ~Ihauer P:\19374\PLANNING\INITIALSTUDY~EXH1-REGIONALLOCATION.DWG __ J85~-7~ E~HIBIT 3.2-PRC~JECT LOCATION CITY QF D UBLIN N NTS ~ NIELSEN PR D~'ERTY - TASSAJA~A VALLEY ENVIRONMENTAL Il'VIPACT REP4RT IIACKAY 8c ~. ~ ..~. ~~ a u~ ~ ~ 08-14-2008 2:30om~isa Vilhauer P:\19374\PLANNING\INITIALSTUDIIEXH2-CITYCONTEXT.DWG ~~ ~ ~~ ~ ~~ ~ ~ ;~"`~ ~ ,,, ~ ~~* , ~ ~~ r ~ i r~~ Y~ - ~ ~~~'a~;~+~~t~ ~,f ~' ~ ~ , 'i ~ 7 ~~~`~ ` ~ ~ ,€° "'°~ ~ E ~ ~s . ~~ ~~ ~ ~ z "F^ 1i',~ ~sr = ~~ , r ~~:`~ h d f ~t {~ ~ ~~ ,ie ~ ~ d~ , ~ y ~ ~ ~` ~ L ~ ~ s -...~.,.,~,,,R ~~'~ ~ Y ~ 1~{ £ 7~ ~ K:s ~ ~•-~ ~A '.w~ ~` ~~ ~Y P. ~ . v ~L&t~wF!~5'~ Pb R t.}~ ~a_. 1~~ r L+lltl '~~`.~ ~~x( RA RANCH DRNE ": ~ ° ~` .. 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I NIELSEN PR DPER ~'Y - TASSAJA~ VA~LEY EI~fVIRQI~IMENTAL IMPA~T REPQRT ~ MCKJIY 8c S ~ ,,.~.~. ..~. nwwicM, a ry~7 naauo ~~ ~~~ 7~~ ~\~~_~ ' ~ I ~~ ~~ ; ii 1 ~ . ~ ~ ~ _ _ J , 5~~~ ~C$ DRIVE ~ 51LYERA RANCH (PFEIFFER RANCHI --------~ , -.--.-.. _-~'~ MEd1UM DEN51"fY RE5IDENTfAL 1 . ~' ~ I ~ ~ l, ,~ Y' -= r+_=_ _ _ - - ~ ~ I _ _ - - - ,~u_~° -= ~ -- j ~ 1 I i __-_-- _- ~ ' 1 12 ~ 13 I 14 I ~ I ~ 1t ~ ~ ~ 10 ~ I ~_ ~ 1 i i j ^ I ~ - 1 ~ j ~ I I I I II ------ ~ ~ I ~ I i ~~ / ~- I--~ l °'- I I i ~ _ ~, 4 ~~~ H ~ ~ ~. ~ ~ fl ~ ~~ ~ I r------- -- ~ ~ I ~ ~, I ~ ~~ I I I I$ ---- ~~15_. ~ iF I i~ I ix I~y ~ . ~I ~ ~- I- - I ~ I I 20 _\\ 2 I ~ ~ - a~o V I ~ ~ ~ ~ ~ ~ I , -~-- ~ i \~ ~ I'~ - I ' ~--- ! -- ~--- i ~ y; ` ~ ~ I ~ I 3q~ ~-_--- ~~--- , I ~ ~------~\ 1 r ~ ~ r---- -- Z~' a99- - - _ J f I / ~ y~ I - ,- ~ ~~~ = a1~5 F11a _ . 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EXHIBIT 3.4-STAGE 2 PD DEVELOPMENT PLAN CITY OF D UBLIN NIELSENPROPERTY- TASSAJARA VALLEY ENVIRONMENTAL IMPACT REPORT IIIACKAIf 8~ SO~S ~~ ~~ ~ .~a p cm~ n~-~ ~~~~5 ~ ' ~ ~ ~ 1 , : , ~ ~ ~~ ( ~5~~ i~ i I ~ n r / .~ ~`'I . . ~ ' ~ / ~~ v ~ ; _~ R~.4N~CH - ''~~~-------~~ `° ! ° AOAD . _ ~ SII.VERA RANC$ DRIVE ~ ~i~ ~ I ~ ~ I I I 1 ' . I ~ I i I ~ I I ~: ' I I I i y I I ~~~ ~ j i ' ~ ~ ~ i o a 9~ i ~I I ~I ~ ~ "~ ~ ~ ~ i i 1 ~ ~ I I ~ I, I i ~ ~ ~ ~ ~ ~ I I ~ ~, ' I ~ i ~~ j NEIGHBORHOOD - SILVER~1 RANCH ( PFEIFf ER RAi~1CH) INTRY MEDIUM DEN5ITY RESIDEN7IAL QUARPY l~iVr SCHOOL (A~AC) 1vIEDIUM D~N51-(Y RE5IDENTIAL/RRA EXHIBIT 3.5-STAGE 2 PD LANDSCAPING PLAN CITY OF D UBLIN NIELSEN PROPERTY - TASSAJARA VALLEY ENVIROl~fMENTAL IMPACT REPORT IIIACKAY ~C SO~s ENtlMmIS R/MER SUIMAI6 RfAW[U~, p 19]5~ 1/5--0890 t ~ ` ~ ~ f i ~ .t~ ~ . ~ ~. i . ..... . pf . . ~. ~ ` .. ~ i ~ ~ p ~ ~ ~ 08-14-2008 2:14pm Lisa Vilhouer P:\19374\PLANNING\INITIALSTUDY~EXHS-LANDSCAPE.DWG 1~9 ~75~ . ~ ~~ ~~ ; ~ : , ~ __ , ~ ~ _ -- .~ ~:~ ~ ~~ - -_ _ 3 t , _ ~ _ ~ .r ~: ~ ; ' °'~ i ~ - _ ~ ~ ~ _ _ _ ~. f' ~ ~ I-I ~ , ~ _ -- _ ~, ; , ~ ~;__ _ _ ~ , _ ~~,,~,~ _. 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' N ~ r ' ( ~ ~ ~ ~ rt i ~r• $T- B- ~ ~ - ~ ws=~~ ~ ' I ~~~~~ / ; ~ '$1RE _ T. ~ ~ ~ ~ ~~~t1, ~~ i ~ • ~ ~ ~ ~~~ ~ I ' ~---°-- ,I i ~ ~~ f ~ ~ _ ~ I I I }I I i L~ ~.-1 ~ ~ t f ~, : ~~, ~ f .... ~ 1 ~ ~ ~ ~ ~ , ~,~ ...., , ~+ ~ ~.3,' ~ ~~ ~ , ~ ,.' ~ ~ ~l ;' tt 16 ~~ ~ . ; ~~ ~ ~ ~ 1d ~ ill~a I ~ , ~ ~ ~~ ~ . , ~ ~ .~ \ k ~ ~~ ~ ~ ' ' ' ~ ~ __ , ~ t ~ ~ "~ , ; / 1~ ~ !~ ~ ,.a~~ j 9 I _ ~ } g ~ ~ < < . ; ~ r ~~ ~ ~ ~ ~~ ~~ ~ , ~ ~F~ ~ f 1 `I ~ , ' °~ ~' 5 '- ~ ~~ ~° J t ~ f i , ,~ ~,~ - ' ~~.~ ~• I 1~.~ i ; ~ ~~~ ~ ~ ~ ~,~, .~ ~:_~ ~~ % ~ , i ~~~ ~yyv„-~~_~~~ ~~~ ~ l.y : ~ ~ ~ ~ ;. ~ ~ i ~ ~ ~ ~ ~ -^ _ ~_ ` ~ „~µ° ,. ~ 7 ' ~ ~ ~ ( ~: , , ~~~' _ i i ~ ~,r~._. ~`~ ~ ~~ ' .~ ba ~ ~ , } ~ ~ I , ."~~ ~ ~I ~~~ ~~ %~ '~ ),.. .# ~, ~. , , ~ , ~ ~ ~' ~ '~ ~ ~ ~~~ ~ I ~ . , ~ ~ ~° ~ ~k+ ~~ ./ ~ ~i. ~ ° I I . , ~ ~ .~ w ~.. .: , i ~"~ m , ~ " ~ , ~ ~`~ ~ ~ . ...,~ ~ ! , , I~ I / I i ~, ~.L ; / ~ `, i F ~ ~ n , 4q ~ ~~ . ~ ~ ~ ~ ~~ i r ~ , , ...J 4 I , , K I I .I i ~ .~. ~ ' ~.'~~ I , ~ ~/ ~ i , , ~~A^' ~. I . P"Ir'. , ,. ~ $ + ' B - , ~~ ..~ ~ ~~ ~ ~ ~ ~ ~ ~ , ~ -- , ~ ,~ , , , ,I ~ •~ , ` ~ ! , , ~. ~ _ li ~ i !~ ,~ 1 , , ~ ~ ~ _ ~~~ ~ ~A ~ ~ ~ ~ ~ ; , ~ ~ ~' ~, ~ ~ ~ ~'~ I ~ ~; ~ ; ~ '~ ~ ~ ~ ~ ~ ~ ~ixER~' ~ ~~~ ~, 1 I I o ~ , 1 ~ , ~ ~ _ ~ ~~c~aaunES; e^~- ~~ ~ ~ ~ I ~ I ; _ ~~ ~', I ` ~ ~ >~ ~'~~~~ ~G , ~ ' ' ^~ ° ~~ ~ so ~ ~ ,, ~ , ~ I ~ , , ,~ ~ ~ ~ ~ ~~ a ab ~q ' "~~ ,~ ~ t .. _ ~~~` ?' ~~~ ~ . , i1~,~, ;~,~:~ ~ .~„~ x ~ _ ~ ~. -~ ~ ~ , ~, ~ ~,~ i ~ , , E ~ ~ , , , ~ _ ;~ , ~ ~ p ~~, , ~ , ~ _ ~ ~ ~ . ~. ,, ; ~°~ , ~` ~ ~u . ~ ~~, ~~ ~~ ~ ~ ~ t t I , ~r =: ~. ~ s ~ ~~, ~ _ ~~ ~ _ _ ~ ~ ~ I ~ i~ . ~. ~i '{ t `, , ~ ~ ~ ' w. ~ ~ ~~ j ~ ~ \~ V ` ~ _ ~} , ~ ~ " ~' ~ ~ ~_ ~ 3 ti ~ ~~~ ~~ ~ ~ ~. , . , ~ ~ ~;~ ~'~~ i V ~ ~y~$ ~C ~ ~"~~~ ~ I T ~ I I ~' I i' l_;~' Tpw~~nc~lmES ~ ~' 0. ) I ,~°. : ~ I ~~ ~ ~ ~ ' , ' LJ ~ ~ ~'~ s. ~ ~ gCH00L ~p,L/ RRA `~ ~~'~` _ '' ~-°~~ ~a~ARRY v~N ~Y ~~s-~~~ l CAGyQ a;, ~'ul a (_ ~ MEpIUM wn~ ~' I I: il r~crc~u wa~ - ~ i snriRa~r s~-v~t i ~, ~ , , ~ --- ~ ' I I ~ srow,+ o~wN - --- ~: I ~ I '.I LOTCU~IBER m ~ ~' ~ ; ~~ ~ ,.~ I ~~, ~ EXHIBIT 3.6-PROPOSED TENTATIVE SUBDIVISION MAP ~ ~ CITY OF D UBLIN ~. NIELSENPROPERTY- TASSAJARA VALLEY ~ ENVIRONMENTAL IMPACT REPORT ~ IMCKAV & SOIIIPS ,~ ~~ ~ ~ aus~wra~ u ~ru> ns-oeso ~ 08-14-2008 2:32om Lisa Vlhauer P:\19374\PLANNING\INITIALSTUDY\EXH6-TMAP-UTILITIES.DWG 1q~ `15~ This Page Not Used e~ Neilsen Project/Draft Supplemental EIR Page 25 City of Dublin January 2009 PA #07-057 19J ~~~ ~.. 4.0 Environmental Analysis Topics Addressed in the DSEIR This section of the DSEIR identifies specific environmental areas which may be affected as a result of the implementation of the proposed Project. The impact areas are discussed individually in subsections 4.1 through 4.11: Each topic area is covered in the following manner: A. Environmental Settin~ A discussion of existing conditions, facilities, services and general environmental conditions on and around the Project Site. B. Im~acts and Miti~;ation Measures from the Eastern Dublin EIR C. Su~plemental Environmental Impacts An identification and evaluation of whether the potential impacts on the environment identified in the Initial Study, should the Project be constructed as proposed would result in a significant substantially increased manner beyond the analysis in the Eastern Dublin EIR based on the standards of significance set forth therein. D. Su~plemental Miti~ation Measures An identification of specific efforts and measures which can be incorporated into the Project to reduce identified supplemental environmental impacts to a level of insignificance. Neilsen ProjecVDraft Supplemental EIR Page 26 City of Dublin January 2009 PA #07-057 ~,~~ ~ .~ i~a -~~~_ ~ 4.1 Land Use The proposed Project would conflict with the current General Plan and Eastern Dublin Specific Plan land use designations of "Rural Residential/Agriculture." This designation allows general agricultural uses as well as one dwelling unit per 100-acre lot. The Applicant has requested amendments to both the General Plan and Eastern Dublin Specific Plan to re-designate the Site as "Single Family Residential." Rezoning of the Site has also been requested to a zoning district that would be consistent with the proposed General Plan and Specific Plan land use designations. If approved by the City of Dublin, no land use conflict would exist. 4.2 Population, Housing and Employment Section 3.2 of the 1993 Eastern Dublin EIR addressed Population, Housing and Employment. The EIR included a general description of expected Bay Area and Tri- Valley population growth, but noted that "[this] section does not analyze these projections in terms of potential environmental impacts because the physical environmental effects associated with population, employment and housing are addressed in the appropriate environmental analysis ...of the this EIR." ENVIRONENTAL SETTING This section updates Section 3.2 of the Eastern Dublin EIR discussion of the demographic, employment and housing context of the proposed Project. It contains a general description of expected Bay Area growth as well as more detailed population and housing development projections for the Tri-Valley subregion and for the City of Dublin. Population and housing projections for the Project are described. The physical environmental (secondary) effects associated with population, employment and a housing are addressed as applicable in the sections 3.3 through 3.12 of the Eastern Dublin EIR, as updated by this DSEIR. .~ Regional Overview. The Association of Bay Area Governments' (ABAG) "Projections 2007" provides current population, household, income and employment forecasts for the nine-county San Francisco Bay Area Region. In order to place the proposed Project in its overall regional context, several findings of ABAG's projections are summarized '~ in this section. Population. ABAG expects the nine-county San Francisco Bay Region to add nearly 1.3 ~` million new residents between 2000 and 2020, reaching a total estimated population of , 8,069,700. This represents an increase of about 18 percent over the 20-year forecast period from 2000 to 2020 and a decrease from the 15 percent growth the region ~ experienced between 1990 and 2000. The ratio of population to household growth has differed significantly in the region ~ over the past several decades. Between 1960 and 1970 household growth in the Bay Neilsen Project/Draft Supplemental EIR Page 27 City of Dublin January 2009 PA #07-057 ~~~ ~~~ ~ Area was approximately one-third of population growth: i.e., an additional household was added for every three new residents. In the 1970s, the number of new residents added was only slightly higher than the number of new households. In the 1980s, the pattern of the 1960s was reestablished -- one new household was formed per every three new residents. Housing affordability affects household size by reducing the household formation rate. Household size in the Bay Area changed from 2.57 persons per household in 1980, to 2.61 persons per household in 1990, and then rapidly increased to 2.68 persons per household in 1995. Current projections estimate that persons per household will reach 2.69 and maintain that figure through 2035, Housing. ABAG estimates that the increase of 475,740 new households expected in the region by 2020 will create a demand for at least 23,000 new dwellings each year. (In the ABAG projections, households are approximately the same as occupied housing units.) Employment. ABAG predicts that job growth in the Bay Area will be in a broad variety of sectors located throughout the Bay Area. The region is expected to add approximately 527,240 jobs by year 2020, an increase of over 26,000 new jobs annually. Most of this growth is projected to occur in services (business and professional, health and recreation, social and personal), manufacturing, and retail trade, with more than 50 percent of new jobs in the services sector. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR discusses impacts related to population, regional housing need and jobs/housing balance. The EIR identifies an estimated 12,458 dwelling units in the Eastern Dublin Specific Plan area with a build-out population of 42,700 residents and 28,288 jobs. These estimates have changed since adoption of the Eastern Dublin Specific Plan and General Plan Amendment based on a number of recent amendments to the Specific Plan, primarily due to the inclusion of the Dublin Transit Center into the Eastern Dublin Specific Plan area and an increase in non-residential floor space included in the Fallon Village area. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES An application has been filed for the Neilsen property within the Eastern Dublin planning area to amend the respective land use diagrams of both the Dublin General Plan and Eastern Dublin Specific Plan that would change the existing "Rural Residential/Agriculture" designation that allows one single family dwelling, accessory buildings and agricultural uses on 100-acre minimum lots to "Single Family Residential." The Single Family Residential designation allows residential development at a density range from 0.9 to 6.0 per gross acre of land. Residential development types could include detached and attached housing types. The total number of residential units on the Project Site would increase from two dwellings to 36 dwellings. Although the existing Rural Residential/Agriculfiure designation limits the number of dwellings to one dwelling on the Site, an agricultural Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 ~. Page 28 January 2009 ~ ~~~ ~-~,~ mobile home was approved by Alameda County and constructed prior to incorporation of the Site into the City of Dublin, and is permitted by the City of Dublin's Zoning Ordinance allowing Agricultural Housing and Farm Mobile Homes on Agricultural land. Population and housing impacts of this proposed change are discussed below. Significance Criteria. A population and housing impact would be considered significant if a proposed project would induce substantial population growth, either directly or indirectly. Less than Significant Supplemental Impacts. Less than significant supplemental impacts are expected from the proposed amendment to the Dublin General Plan Amendment and Eastern Dublin Specific Plan. Under the proposed amendments, implementation of the proposed Project would result in an increase of approximately 109 residents over the current General Plan and Specific Plan land use designations and current development on the Site, as shown on Table 3.2-1, below. Table 3.2-1. Proposed Neilsen Project Population Generation Residential T e Persons DU Existing GP SP Proposed GP/SP D.U. Po D.U. Po . Rural Residential 3.2 2 6 0 0 Single Family Residential 3.2 0 0 36 115 Totals 2 6 36 115 Note: household population based on Section 1.8.1 of the Dublin General Plan and 4.8.1 ot the Eastern Dublin Specific Plan '~ Population impacts. Approval and implementation of the proposed Project would add . an estimated 109 residents on the Project Site. This includes a deduction of 6 people for the two dwellings proposed to be removed from the Site. With an estimated total ~ population within the EDSP area of over 42,000, the addition of 109 residents would , result in a less-than-significant supplemental impact. The proposed Project would not substantially increase the impact described in the Eastern Dublin EIR. Impacts ~ associated with the proposed population increase, such as additional traffic, air quality impacts and demand for utility services are addressed elsewhere in this DSEIR. >~ Jobs/housing balance. The jobs/housing balance for the Eastern Dublin area would not be significantly affected by the proposed addition of 109 residents within the Eastern Dublin area. The EDSP noted that the original Specific Plan was somewhat out of ~ balance between jobs and housing units, with many more jobs planned than housing units. Since the adoption of the Specific Plan, the City of Dublin approved the Transit Center Amendment to the Specific Plan that would add 2,000,000 square feet of campus r office and 70,000 square feet of retail floor space. This amendment assisted in shifting the overall jobs-housing ratio closer to balance by adding additional up to 1500 Neilsen Project/Draft Supplemental EIR Page 29 City of Dublin January 2009 PA #07-057 ~9~ ~~ additional housing units. Within this overall framework, there would be a less-than- significant impact with regard to the proposed Neilsen Project. 4.3 Traffic and Circulation INTRODUCTION Transportation and Circulation was analyzed in Chapter 3.3 of the Eastern Dublin EIR. This supplement to the previous EIR examines the proposed Project to determine if any new or more significant impacts would exist regarding traffic or circulation issues as a result of changed conditions, including but not limited to increased urban development in the Tri-Valley area and beyond. Information and analysis included in the following section is based on the "Revised Traffic Impact Evaluation for the Proposed 36-unit Single Family Residential Development in the City of Dublin, California" prepared by TJKM Associates in April, 2008. This report is included in Appendix 8.5 of this DSEIR and is incorporated by reference into this document. ENVIRONMENTAL SETTING Existing Roadways. Existing roadways serving the Project Site include: Tassajara Road connects with Santa Rita Road at I-580 to the south and continues north to the Town of Danville. It is four to six lanes wide between I-580 and North Dublin Ranch Drive. North of the Contra Costa County line, it is named Camino Tassajara. Camino Tassajara is used primarily for local traffic in the Tassajara Valley, with some through traffic. Silvera Ranch Road is a local roadway east of Tassajara Road serving the existing Silvera Ranch development. This road has two vehicle travel lanes and terminates at Tassajara Road. The Silvera Ranch Road/Tassajara Road intersection is signalized. Dublin Boulevard is a major east-west arterial in the City of Dublin. Dublin Boulevard, west of Dougherty Road is a four to six lane divided road fronted largely by retail and commercial uses. Between Dougherty Road and Tassajara Road, Dublin Boulevard is a six-lane divided arterial fronted primarily by residential, commercial and vacant lands. Dublin Boulevard extends east of Tassajara Road to Keegan Street as a four-to-five lane roadway fronted by new residential development. It will eventually extend to Fallon Road. Fallon Road is a north-south two to four lane arterial extending from I-580 to about 2 miles north of I-580. It will be extended to connect to Tassajara Road on the north in the future. As a part of on-going development in east Dublin, it will eventually be widened to eight lanes near I-580, six lanes near Dublin Boulevard and four lanes to the north. Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 ~ Page 30 January 2009 ~ ~~,> ~~~ ~5£~ Regional access to and the from the Project Site is provided by Interstate 580 is an eight- lane east-west freeway that connects Dublin with local cities such as Livermore and Pleasanton as well as regional origins and destinations such as Oakland, Hayward and Tracy. In the vicinity of the proposed Project, I-580 carries between 184,000 and 196,000 vehicles per day (vpd) (according to Caltrans 2003 Traffic Volumes on California State Highways) with interchanges at Dougherty Road / Hopyard Road, Hacienda Drive, Tassajara Road / Santa Rita Road and Fallon Road / El Charro Road. Project impacts on Existing Conditions in the near term will be less than significant based on the following information and analysis: 1. Based on a review of the traffic study for the Fallon Village Traffic Study conducted in August 2005, Tassajara Road/Dublin Boulevard currently operates at a Level of Service (LOS) of A. Therefore the intersection is expected to operate acceptably with the addition of minimal Project traffic (27 total Project trips in AM peak and 37 total Project trips in PM peak). Additionally, traffic levels are currently low at the intersection of Tassajara Road/Silvera Ranch and that intersection currently operates at acceptable levels of service. The level of service is expected to remain unchanged with the addition of the Project traffic. 2. The Fallon Road/Silvera Ranch Drive intersection currently serves only construction traffic and the Tassajara Road/Fallon Road intersection will be modified with the future Fallon Road extension. The intersection modification will include the ultimate lane configuration and traffic control shown in Exhibit ~ 4.3-1. The intersection is expected to adequately accommodate additional trips from the proposed Project m Build-out Traffic Conditions. Build-out (2025) traffic volumes at the Tassajara Road/Fallon Road intersection were obtained from the Build-out plus Project traffic volumes of the Fallon Village Traffic Study. The "Fallon Village Traffic Study" prepared by TJKM Transportation Consultants in August of 2005 is hereby incorporated by reference into this DSEIR. Traffic volumes at Tassajara Road/Silvera Ranch Drive and - Fallon Road/Silvera Drive were derived from the Wallis Property Traffic Study dated August 2002 and the Silvera Property Traffic Study dated October 2000, respectively. At the time of the Nielsen traffic study, the most recent City of Dublin Travel Demand Forecasting Model was used to forecast traffic volumes used for the Fallon Village Study. No other model was developed subsequent to the one used for the Fallon Village t Study. TJKM reviewed the Silvera Ranch and Wallis Property traffic studies to determine the expected trip generation from the full build-out of the developments. ;,;~ Unlike traffic counts, trip generation estimates are independent of the time of the study. - As noted, the rates are based on the ITE data. The estimated trips from the developments were distributed to obtain the traffic volumes entering and exiting the ~u~ Silvera Ranch driveway located at Fallon Road, and the future fourth leg of the intersection of Tassajara Road and Silvera Ranch Drive. Neilsen Project/Draft Supplemental EIR Page 31 ~ City of Dublin January 2009 PA #07-057 I ~'~ ~5~ °~ ~ Exhibit 4.3-1 shows the resulting volumes under Build-out Plus Project Conditions and the planned lane configurations at the study intersections. Intersection Level of Service Analysis. Table 4.3-1 shows the results of the level of service analysis for the Project intersections under Build-out Conditions. The intersections of Tassaj ara Road / Fallon Road and Tassajara Road / Dublin Boulevard are expected to operate acceptably at LOS D or better under Build-out Conditions. The intersection of Tassajara Road/Silvera Ranch Drive is currently a signalized T- intersection. In the future, the intersection is proposed to be reconfigured with the addition of a west leg to provide access to the approved Wallis Ranch (Dublin Ranch West) development on the west side of Tassajara Road. Therefore, the intersection was analyzed as a four-way intersection, incorporating traffic volumes from the traffic reports of the proposed Wallis Ranch and the Silvera Ranch developments. As shown in Table 4.3-1, the intersection of Tassajara Road/Silvera Ranch Drive is expected to operate acceptably at LOS B or better under Build-out Conditions. Appendix B, included in the full traffic analysis, contains the TRAFFIX LOS worksheets. Additionally, a traffic signal has been installed at the intersection of Fallon Road/Silvera Ranch Drive but has not yet been activated. It has been planned for signalization and the City has approved traffic signal plans. With signalization, the intersection is expected to operate acceptably at LOS A during both the a.m. and p.m. peak hours under Build-out Conditions. Table 4.3-1. Peak Hour Intersection Level of Service- Build-out Conditions (2025) Si li d Build-out Conditions gna ze Intersections A.M. Peak Hour P.M. Peak Hour V/C LOS V/C LOS Tassa'ara Road / Fallon Road 0.54 A 0.89 D Tassa'ara Road Silvera Ranch Drive 0.67 B 0.51 A Tassa'ara Ro~d Dublin Blvd 0.89 D 0.80 D Fallon Road Silvera Ranch Drive 0.41 A 0.40 A Notes: V/C = volume to capacity ratio; LOS = Level of Service; Source: TJKM, 2008 Regulatory Framework. Chapter 5 of the City of Dublin General Plan, Land Use and Circulation establishes guiding and implementing poliaes related to roadways, transit, bikeways and scenic highways. Applicable policies include: Roadwavs Guiding Policy B: Design residential collector streets, residential streets and cul-de- sacs to serve a balance of vehicular, bicycle and pedestrian traffic and to prevent misuse of residential areas by through vehicular traffic. Neilsen Project/Draft Supplemental EIR Page 32 City of Dublin January 2009 PA #07-057 ~,~. ~ ~: i~~ ~ ~~~- Guiding Policy D: Reserve right-of-way and construct improvements necessary to allow streets to accommodate projected traffic with the least friction. Guiding Policy E: For Streets defined as Routes of Regional Significance (including Tassajara Road), the City of Dublin is required to make a good faith effort to maintain LOS D on arterial segments and at intersections Transit Guiding Policy B: Support improved local transit as essential to a quality urban environment, particularly for residents who do not drive. Guiding Policy D: Support the development of a community that facilitates and encourages the use of local and regional transit systems. Bikewavs Guiding Policy A: Provide safe bikeways along arterials. Implementing Policy B: Complete the bikeways systems illustrated in the General Plan, Figures 5-3a and b. Scenic Highways Guiding Policy A: Incorporate County-designated scenic routes and the proposed Fallon Road extension, in the General Plan as adopted City-designated scenic routes, and work to enhance a positive image of Dublin by through travelers. " Implementing Policy B: Exercise design review of all projects visible from a designated scenic route. The Eastern Dublin Specific Plan includes the following goals and policies relating to traffic and circulation. "' Goal: To provide a circulation system for Eastern Dublin that is convenient and efficient and encourages the use of alternative modes of transportation as a means of improving community character and reducing environmental impacts. Policy 5-1: Encourage higher intensity development near transit corridors. Policy 5-2: Require all development to provide a balanced orientation toward pedestrian, bicycle and automobile circulation. Policy 5-3: Plan development in Eastern Dublin to maintain LOS D or better as the average intersection level of service at all intersections within the Specific Plan area during AM PM and mid day peak periods. The average intersection level of service is defined as the hourly average. Policy 5-10: Provide transit service within one-quarter mile of 95 percent of population in the Specific Plan area in accordance with LAVTA service standards. Neilsen Project/Draft Supplemental EIR Page 33 City of Dublin January 2009 PA #07-057 l 9 g ~15~- e. ~ Policy 5-13: Establish design guidelines for residential and commercial development so that there are clear and safe pedestrian paths between building entrances and transit stops. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR analyzed the following impacts with regard to traffic and transportation. Freeways. The Eastern Dublin Environmental Impact Report (EIR) identified significant, significant cumulative, and significant unavoidable adverse impacts related to daily traffic volumes on I-580 for Year 2010 with and without build-out of the Eastern Dublin Specific Plan and General Plan Amendment and under a Year 2010 cumulative build-out scenario (Impacts 3.3/A, B, C, D, and E). The significance criteria for freeway segments were operations that exceed level of service (LOS) E. ~~~ Mitigation Measures (3.3/1.0 and 3.3/4.0) were adopted which reduced impacts on I-580 '~ between Tassajara Road and Fallon Road and on I-680 north of I-580 to a level of ~~, insignificance. Other mitigations (3.3/2.0, 2.1, 3.0 and 5.0) were adopted to reduce impacts on the remaining I-580 freeway segments and the I-580/680 interchange. Even ~ with mitigations, however, significant cumulative impacts remained on I-580 freeway segments between I-680 and Dougherty Road and, at the build-out scenario of 2010, on other segments of I-580. Upon certification of the Eastern Dublin EIR and approval of the ~ Eastern Dublin GPA/SP, the City adopted a Statement of Overriding Considerations (Resolution No. 53-93), for these significant unavoidable cumulative impacts (Impacts 3.3/B and E). All mitigation measures adopted upon approval of the Eastern Dublin GPA and EDSP continue to apply to implementing actions and projects such as the proposed Project. Intersections and Roads. The Eastern Dublin EIR evaluated levels of service and PM peak hour traffic volumes at 18 intersections with roads and I-580 ramps. The significance criteria for intersections were operations that exceed LOS D. Mitigation measures were identified for each intersection that was projected to exceed the LOS D standard in each scenario. The following scenarios were analyzed: 1) Year 2010 without the Eastern Dublin project 2) Year 2010 with the Eastern Dublin project 3) Cumulative Build-out with the Eastern Dublin project Mitigation Measures (3.3 / 6.0 - 8.0,10 -12) for impacts 3.3 / F, G, H, J, K and L were adopted to reduce impacts to each of these intersections to a level of insignificance. These mitigations include construction of additional lanes at intersections, coordination with Caltrans and the neighboring cities of Pleasanton and Livermore to restripe, widen or modify on-ramps and off-ramps and interchange intersections, and coordination with Caltrans to modify certain interchanges. Development projects within the Eastern Dublin Neilsen ProjecUDraft Supplemental EIR Page 34 City of Dublin January 2009 PA #07-057 ~ ~: ~ ~_. ~ ~~~ ~ project area contribute a proportionate share to the multi-jurisdictional improvements through payment of traffic impact fees or construction of the required improvements for a credit against payment of such fees. Other mitigations (3.3/ 13.0 and 14.0) were adopted to reduce impacts on other identified intersections with Dublin Boulevard and Tassajara Road (Impacts 3.3/M, N). All mitigation measures adopted upon approval of the Eastern Dublin GPA/ SP and Eastern Dublin EIR continue to apply to implementing actions and projects within Eastern Dublin, such as the proposed Project. Individual development projects within the GPA/SP area contribute a proportionate share to fund these improvements through payment of traffic impact fees or construction of the required improvements for a credit against payment of such fees. Even with mitigations, however, significant cumulative impacts remained on several identified intersections: I-580/I-680/Hacienda Drive (Impact 3.3/B); cumulative freeway impacts (Impact 3.3/E), Santa Rita Road/I-580 Eastbound ramps (Impact 3.3 / I), Dublin Boulevard / Hacienda Drive and Dublin Boulevard/Tassajara Road (Impact 3.3/M). Upon certification of the Eastern Dublin Specific Plan EIR and approval of the Eastern Dublin GPA/SP, the City adopted a ;~ Statement of Overriding Consideration (Resolution No. 53-93), for these significant unavoidable and cumulative impacts. Transit, Pedestrians and Bicyclists_ The Eastern Dublin EIR identified significant impacts ~ related to transit service extensions and the provision of safe street crossings for pedestrians and bicycles (Impacts 3.3/O and P). Mitigation Measures 3.3/ 15.0 -15.3 and 16.0 -16.1 were adopted which reduced these impacts to a level of insignificance. These ~ mitigations generally require coordination with transit providers to extend transit services (for which the GPA/SP projects contribute a proportionate share through payment of traffic impact fees) and coincide pedestrian and bicycle paths with signals at major street crossings. All mitigation measures adopted upon approval of the Eastern Dublin GPA/SP and Eastern Dublin EIR continue to apply to implementing actions and projects such as the proposed Project. .xi , Fee Programs. Prior to approval of any development in Eastern Dublin, in January 1995 the City adopted (and has since updated) the Eastern Dublin Traffic Impact Fee which "~ consisted of three "categories": Category 1 was, in general, to pay for required transportation improvements in the SP/GPA project area; Category 2 was, in general, to pay for required improvements in other areas of Dublin; and Category 3 was to pay for `~" regional improvements to which development in Eastern Dublin should contribute. The , improvements for which the fee is collected included those improvements assumed in the Eastern Dublin EIR, those improvements necessary for Eastern Dublin to develop, and ~~ those improvements identified in the Eastern Dublin EIR as mitigation measures. In June 1998, the City adopted the Tri-Valley Transportation Development Fee, in conjunction with the cities of Pleasanton, Livermore, San Ramon and Danville and the Counties of °~ Alameda and Contra Costa to fund regional improvements. This fee replaced the Category 3 fee. In addition, the City has adopted a Freeway Interchange Fee to reimburse Pleasanton for funding construction of certain interchanges on I-580 that also benefit Eastern Dublin. All development projects in Eastern Dublin are required to pay these fees Neilsen Project/Draft Supplemental EIR Page 35 City of Dublin January 2009 PA #07-057 ~~ ~ 58 ~ prior to issuance of a building permit or construct the improvements included in the fee programs. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES Introduction. This section assesses whether significant new or intensified traffic impacts may result from increasing regional traffic, or changed traffic distribution in the Project area. Standards of Significance. The following standards of significance are used in the DSEIR. An impact to a study intersection would be significant if an intersection operating at an acceptable level of service would deteriorate to unacceptable levels with the addition of project or cumulative traffic. The City of Dublin General Plan Circulation Element and Scenic Highways Guiding Policy standards require that the City strive for LOS D at intersections. Therefore, any study intersections operating below LOS D are considered potentially significant and will be evaluated for mitigation; or The LOS standard for CMA analysis is LOS E. The CMA does not have a policy for determining a threshold of significance for segments operating unacceptably without the project. Rather, professional judgment is required to determine Project level impacts. Therefore, for the purpose of this traffic impact assessment, if a CMA or freeway segment operates unacceptably without the Project, the impacts of the proposed Project are considered significant if the contribution of Project traffic is at least two percent of the total traffic. Project Trip Generation. Trip generation is defined as the number of "vehicle trips" produced by a particular land use or project. A trip is defined as a one-direction vehicle movement. The total number of trips generated by each land use includes the inbound and outbound trips. Trip generation for the proposed Project has been estimated based on standard rates published by the Institute of Transportation Engineers (ITE) in Trfp Generation, 7`" Edition. As shown in Table 4.3-2, the Project is expected to generate approximately 345 daily trips, with 27 trips occurring during the a.m. peak hour and 37 trips occurring during the p.m. peak hour. Table 4.3-2. Project Trip Generation Use Size Daily A.M. Street Peak P.M. Street Peak (ITE Code) (du) ! Rate ~ Trips ' in Out ; Rate ~ ~ In Out Total 7n ~: out ! Rate ~ ~ In Out : Total %;% ~ %a ;% ~ Residential (210) 36 9.57 345 ~ ~ ~ 0.75 ~ 0.25 ` 0.75 7 i 20 ~ 27 ~ i 1.01 } 0.63 0.37 23 , 14 i 37 Note: du= dwelling unit Source: TJKM, 2008 Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 ~ Page 36 January 2009 ~ ~ ~C ~~~ ~ Project Trip Distribution and Assignment. Trip distribution is the process of determining what proportions of vehicle trips would travel between the Project Site and various destinations within a study area. Trip assignment is the process of determining the various paths vehicles would take from the Project Site to each destination. Based on existing turning movement counts taken in November 2007 at the Tassajara Road / Silvera Ranch Drive intersection, and taking into consideration the future extension of Fallon Road south of Silvera Ranch Drive, the following trip distribution was assumed: • Approximately 88 percent will travel to and from the south on Tassajara Road, of which approximately 5 percent will head toward downtown Dublin via the Dublin Boulevard/ Dougherty Road intersection. The remaining 83 percent will access the I-580 / Tassaj ara Road / Santa Rita Road interchange to go elsewhere. • Approximately 8 percent will travel to and from the north on Tassajara Road. • Approximately 4 percent will travel to and from the south on the future Fallon Road extension, which will connect to the existing Fallon Road to the south. Exhibit 4.3-2 shows the Project trip distribution. Exhibit 4.3-3 shows the resulting ~ Project-only volumes and existing volumes at the Tassajara Road/Silvera Ranch Drive intersection (shown in the circle). Existing traffic volumes at Tassajara Road/Silvera Ranch Drive do not include trips from the full-build of the Silvera Ranch Development, ~ of which only a portion of the development is currently occupied. Planned Roadway Improvements. The following roadway and transportation improvements have been assumed for this analysis. 1. Extension of Fallon Road between Tassajara Road and Upper Loop Road. Fallon Road will be constructed to its ultimate width, which includes a four through lane section. 2. The current realignment of the Fallon Road and Tassajara Road intersection will soon be signalized and completed. 3. A traffic signal has been installed at the intersection of Fallon Road and Silvera Ranch Drive but has not yet been energized. It has been planned for signalization and the City has approved traffic signal plans designed by TJKM. ~ 4. Widening the segment of Tassajara Road between North Dublin Ranch Drive/Somerset Lane and Fallon Road from two to six lane section. 5. Adding a fourth leg at the intersection of Tassajara Road and Silvera Ranch TM Drive. 6. Modifying the traffic signal located at Tassajara Road and Silvera Ranch Drive. - Build-out Plus Project Roadway Levels of Service. Table 4.3-3 shows the results of the level of service analysis for the Project study intersections under Build-out Conditions and Build-out plus Project Conditions. The intersections of Tassajara Road/Fallon Road and Tassajara Road/Dublin Boulevard are expected to operate acceptably at LOS D or better under both Build-out and Build-out plus Project Conditions. As shown in the table, the LOS and delay results for both study scenarios are similar because of the minimal Neiisen Project/Draft Supplemental EIR Page 37 City of Dublin January 2009 PA #07-057 02...~~ `~1 rJ ~ ~ Project traffic that is expected to use the intersections of Tassajara Road/Fallon Road and Tassaj ara Road / Dublin Boulevard. As shown in Table 4.3-3, the intersection of Tassajara Road / Silvera Ranch Drive is expected to operate acceptably at LOS B or better under both Build-out and Build-out plus Project Conditions. Additionally, a traffic signal has been installed at the intersection of Fallon Road/ Silvera Ranch Drive but has not yet been activated. With signalization, the intersection is expected to operate acceptably at LOS A during both the a.m. and p.m. peak hours under Build-out and Build-out plus Project Conditions. Based on the results of the LOS analysis, there would be no significant supplemental impacts with regard to Project and Project Plus Build-out peak hour conditions. Table 4.3-3. Build-out (2025) Plus Project Intersection Level of Service Build-out Conditions Build-out + Project Conditions Signalized Intersections A.M. Peak Hour P.M. Peak Hour A.M. Peak Hour P.M. Peak Hour V/C LOS V/C LOS V/C LOS V/C LOS Tassajara Road / Fallon Road 0.54 A 0.89 D 0.54 A 0.89 D Tassajara Road / Silvera Ranch Drive 0.67 B 0.51 A 0.69 B 0.52 A Tassajara Road / Dublin Blvd 0.89 D 0.80 D 0.89 D 0.80 D Fallon Road / Silvera Ranch Drive 0.41 A 0.40 A 0.41 A 0.40 A Notes: V/C = volume to capacity ratio; LOS = Level of Service; Source: TJKM, 2008 Freeway Segment Level of Service Analysis. Table 4.3-4, below, shows the results of the LOS analysis of three Interstate 580 segments under 2030 Conditions with and without the Project. Calfirans currently uses 2030 as the horizon year for analysis of freeway conditions. Regional commute pattern from the Dublin area are assumed to be approximately 80 percent westbound to the East Bay and 20 percent eastbound to Livermore. The Project is expected to contribute approximately 17 westbound trips and 4 eastbound trips during the a.m. peak period from the I-580/Tassajara Road/Santa Rita Road Interchange; and 19 eastbound trips and five westbound trips during the p.m. peak period. Additionally, less than two Project trips are expected to access the I- 580 / Fallon Road interchange during the a.m. peak hour and p.m. peak hour. As shown in Table 4.3-4 under 2030 Conditions Westbound I-580 west of Tassajara Road is expected to operate unacceptably at LOS F during both a.m. and p.m. peak hours with or without the proposed Project. The Project is expected to contribute marginal (i.e. less than one percent [1%]) traffic to the congestion on I-580. Neilsen Project/Draft Supplemental EIR Page 38 City of Dublin January 2009 PA #07-057 ~, .~ ~; .~. ~_. a°C~ ~~$ ~ Table 4.3-4. Freeway Segment Analysis Year2030 (No Project) Year2030 with Project Project Contribution No of Lanes Capacity A.M. Peak P.M. Peak A.M. Peak P.M. Peak (qo) Vol. LOS Vol. LOS Vol. LOS Vol. LOS A.M. P.M. I-580, Dougherty Road to Hacienda Drive Eastbound 6+ aux. 14,800 11,656 D 11,198 D 11,662 D 11,217 D 0.05 0.17 Westbound 4+ aux. 10,200 10,537 F 10,931 F 10,554 F 10,942 F 0.16 0.10 I-580, Hacienda Drive to Tassajara Road Eastbound 5 11,500 8,839 D 11,566 F 8,845 D 11,585 F 0.07 0.16 Westbound 4+ aux. 10,200 11,253 F 10,503 F 11,270 F 10,514 F 0.15 0.11 I-580, Tassajara Road to Fallon Road Eastbound 4+ aux. 10,200 8,775 D 10,350 F 8,779 D 10,352 F 0.05 0.02 Westbound 4+ aux. 10,200 8,943 D 8,244 D 8,945 D 8,248 D 0.02 0.05 . Notes: Source: 2000 Highway Capacity 1Vlanual, Chapter 23, Exhibit 23.2, Levels of Service Criteria for Basic Freeway Sections; Maximum Service Flow rate for freeway segments=2,300 vehicles/hr/lane, aux.=Auxiliary Lane; When number of lanes on freeway segment= N+aux., capacity of segment=(N*2000+1000) vehicles/hr The Eastern Dublin EIR concluded that even with mitigation measures included in the EIR, significant cumulative impacts remained on I-580 freeway segments between I-680 and Dougherty Road and, at the build-out scenario of 2010, on other segments of I-580. Based on the above analysis, the proposed Neilsen Project would contribute less than two percent of increased traffic to an existing impacted condition and would not result in a significant supplemental impact with regard to freeway or CMA facility roadway facility. ~ Queuing Analysis. A queuing analysis for the intersection of Tassajara Road / Silvera Ranch Drive was undertaken to determine whether the existing 150-foot westbound " storage length at this intersection would require extension to accommodate added .~, Project trips. The analysis revealed that a maximum of three westbound left-turn vehicles (or approximately 75 feet) are expected to queue during the a.m. peak hour ~" under Buildout Conditions. Even with the addition of Project vehicles, adequate ~ westbound left-turn storage is still expected. No supplemental impacts would therefore occur. Neilsen Project/Draft Supplemental EIR Page 39 a City of Dublin January 2009 PA #07-057 ~ , n. o ~~ -~3~5~ r~a r-ss~tr} Existing } I'~ Volumes ~, ~ ~~ \ 3 ~ ~ N -'i_.~ --~: ~ N ~_ I ~ I Q'. I ~ d I I I I I ~ I ~ ~ ~ I I I ~ I ~ _ -"" - .~.- .J ~ N O R T H Nr~! io 5<a`F~ I 57-2I0 - 4l2b68 - DM EXHIBIT 4.3-1: PRCJJECT ONLY PEAK HOUR TURNING MOVEMENT VC)LUMES CITY OF D UBLIN NIELSE~V PROPERTY ~ TASSAJARA VALLEY INITIAL STUDY ~IACKAI( ~ SOIM'S ~ ~ ~ nrxi~o~, a ~q ~-~o 4-28-2008 14:53:35 Ivilhauer P:\19374\planning\InitialStudy\EXH3-SiteContext.dwg LEGEND XX AM Peak Hour Volume (XX) PM Peak HourVolume ~ u° c P v r Silvera Ranch Drive m 'z i,a) ~-~~,~ _ 7 t2T1_. _ p`y--•-- '"_ ----'_' - l I ~- ___ .~_ "'""" """ "'_ ' "'"'_ I _"""_' " i ~ ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ ~ ' ~ _"""_' I i "' r ~"""_i ~ ' ~'"""._~ ~ ~ ~ I '-----•' StreetB ---------- - -•- ---' I --- - •--- ---- i ' ---.~_~_ I , ~ ~ ~ , , ~ ~ ~ ~ ' ' ' ~ ~ ---- ~ ' ~ '-- ~ ~ ~ ~ ~ ~ ~ '----- ~ ' ~ --------- I ~ ~ I I ' ! ----------- I ------•----- a ~ . --- ~ < - -------- ~ , .--- -- _. - i - - - ~ 41 .._..._.- ~"""""° • - ' - ~-~-"' ~ • ~ '- r, I ". _ - ^` r' """""' "" "" r.._ ( ""'_'_"•_ ' ' -" _ '"- ~ ~C~ 7--- r ~. j -a '`, `°`, ~ I.,. w `c~+ 'w ~ ~ g~a ~ ~,,. __~ ~ ~~ ~o ~ ~ ~ n ~s T ~ ~~ ~~ ~ ~y m~ ~ ~ ~ ~ ~ `F9~, rv~y.~ I~ ^~`L~~l~ ~r~~'~SJ v~*J- ~365(9~ ~ 67~ . 1 ~1' ~6y~~ ry9~ `~ti~ ~' ~,~ss~~~ 4 /r?~ ~ i ~ ! `S/26~ '~S91 , , ~ . *~, _ - ~ ~: ., . . ~ ~~ ~ ry ( ~%~M~'pe ~' ti _, .. ~~ ~. I. a , _ __ ..__ ~, -. m `" Study~ ~~ ,~ o ~ ~ .,~ e ~s~ I ' c4~7 Area ' ~~~~aY~N ~~~~ ~ ~- 87 (55) cE~oo~awr 4 (4) 1 ~l~iT~+(~ o 4(~~._. w v rn `~` a d 375 (225) '1~ o o rn =~ rc ~ .,~ °~ `O. M1 d' ~ z I O ~. N U) ~ M ~01 (~/ ~ M ~/~a' ~t~JJ~~H p~ .._.._.,. i ° l ~ ~J`D ~pptR ~OOF~ Rp . ' (' ' ~~, ~ ' ~N~~~ r ~ ~, ~ ~BLIN HPN(.7°~ ~~ r ~ ,~ ,~ Mt.U~EN m. ~ ~ .,..._.,._..-...- ~ ~ a~s i ,~ r~. E nsow ori ~_ o, [:~ ~ , ._..__ ~_._-......_._ __-____._...~\ ~' ..~~ ~ ut~rti+ON~ ~ ~ ~u~~ k ¢ ~ Z ~ ~ ~ _' , .n: p~-,'I , ~ (:EN'fitAl.~=~, ~ Q 'Y - '._"" ~"~ t,~ CENSRAIPx~W ~_ ' ~ L ~ \ X K~~ ' _ i ~` `.,-...;._. ~ / ~ . .. ~UEiLiN ~LVD _ '\ a N NrY b~ ~ r..-/ "~ • N-. w~-~ . 6 i (,`(/fRe LL~Vi~. --......_r" " .._~ r ,, ~ w ....... ~ ~ U MAR1lNL:L4( I r H ~ x ~ ~~ ___ i Z p •_" " _'"__.. ~ w ~~ I 4 2 _ ~ ~ ~Y e ~~~ ~ ° _~ ~ ~ l~, rr'r / ~"'" ~ C~'',~. ' '.'~ (` ~~~°~r'I : 1 ..-° ~ +. ~ ~ ~-"" .:~, _PIMLICUOR ~~ ~ ~ u c~ ~ ~ ~9p ~ Q ~, ~= n p~ ~ 5~~ o °- "~ ~ 124 (274) ~ ~ ° N i-1.265 (641} ( N i N N ~- 1,1SS (1,OBE) •:t'~~~~`i~ ~_ }I ~ir~R4t~1^r' ~ 126 (939) ~,1 i ~~f ~~ ~ -_ 298 {830)-: ~ a ~ 226 (745} ~~-~ ~ '-` ~ LEGEND Overlapi °i M "' _.____ ------._...---- ~ ~ Existing Intersection ~ ` ~'~ Existing Road ~4 ------- Future Road XX AM Peak FiourVolume ~ (XX) PM Peak HourVolume ;yj _._____ _._.._~_- .._.._____._..__..___....__._.__..__......__..__.___._____._..._ ................_..____------_....._..._._.___ __.__._._...__.. ~ .. . ~~ EXHIBIT 4.3-3: PRC~ ECT TURNING MC~VEMENT J ~~ VOLUMES & LANE C4NFIGURATIONS ~~ CIT~' ~F D~IBLIN ~ NIELSEN PROPERTY - T~1SSA.~ARA VALLEY ~~~ INITIAL STUDY 4- 14:53:35 iId U ~ ~ ~ N O R T H Nr;t to Sc~ile Ivilhauer P:\19374\plon alStudy\EXH3- mIAICICAY ~C 50~1'S ~ ~ ~ nuawa a o~q ~-~a .~s~7 ~,n -1cSt ;~~~- , 8°/a~ ~ Mss g ,'~'~,, oe'~ .,~4% y~ Study Area ~ ~~ ~ I QUARRY LN. GHOOLOWV ¢ l ~ ~ Q n: u U ~ v~i ~ ~'am! F ~v~Ch~a ~ ( H ~ ~ p / N ~JQ' Jpv~{y ~(KJP RD 80~IQ ' ~ nN70NEV~~ I S.OU[i~~ MNi,H~ , 1~ N WY~_ C Mf~DOfi ` ` ~~ GLEASON OR ~ F K014NEN WY. a, -."""".~~ p U ~ _~-„ `~ / ~ ~ V~ O { Gl EASCµ ~ ~ ~.,~ , , ~ ~_, f ~ ~ ~ u ~ ~ LL ,. d z ; . r ----_. ie a ~ ce ' ~ '- n ra ------ .-„~(. p~~~, U' t T GENTRAIPKY~Y ~ l ~ 'ti-~_ . ._.__ .__. '` Y ~+N ~ . ~ ~ . \ G ~iJ%~ ~ ` N!"~N ¢ ' , ~_ . ./-~. DU6tIN 6LVU \ ~ WY , ?~ `-. __.._......~. ~. ~ -_ .~,..... , a C;U i' ^----~ p '___'_ _._...._.._ _.-_-„~ iR~ iu WY. ~j ~ hihFiTINELLI ~ (p~%, N~ Y - _ "_' "' ' ~ + ~ ~ L ~ DR. / ~I ~bR . ~ r ~ ~ ~ ~ ~ ' " r / \ i , ~ :1 ~ '~ FIMUCO DR ~~ ,~,~x ~ _ ~4 _.~ ~p0 ~~ ~ ¢ ~P ~ ~' F ~ ~ i ~ ¢ u i ~ LEGEND ~~ N~~~ • Exiscing intersection ~~oi to Sc~1Y -- Existing Road ~ ------- Future Road (5%) Percent split from 88~ ~ ~ " I57-210 - 3114f08 • DM EXHIBIT 4.3-2: TRYP DISTRIBUTION ASSUMPTION Cl~'Y OF DUBLIN NIELSEN PROPERTY - TASSAJARA VALLEY INITIAL STUDY ~ 111ACKAY ~C SOIMS ' ~ ~ ~ 4-28-2008 14:53:35 Ivilhauer P: 19374 lannin InitialStud EXH3-SiteContext.dw "~°"'a °""'~"° ~ G~ '_] f'J ~ 4.4 Water Supply and Storm Drainage/Water Quality ~ Sewer, water, storm drainage, electricity and natural gas, and solid waste were analyzed in Chapter 3.4 and Chapter 3.5 of the Eastern Dublin EIR; in 1994, an Addendum to the Chapter 3.5 analysis of sewer treatment and disposal (dated August ~ 22, 1994) was approved by the City Council. This section of the DSEIR analyzes if any new or more significant impacts would occur beyond those analyzed in the 1993 EIR with regard to water supply and storm drainage. WATER Sewer, water, storm drainage, electricity and natural gas, and solid waste were analyzed in Chapter 3.4 and Chapter 3.5 of the Eastern Dublin EIR; in 1994, an Addendum to the Chapter 3.5 analysis of sewer treatment and disposal (dated August 22, 1994) was approved by the City Council. This section of the DSEIR analyzes if any new or more significant impacts would occur beyond those analyzed in the 1993 EIR with regard to water supply and storm drainage. WATER Water supply and distribution impacts were analyzed in Chapter 3.5, Sewer, Water, and ._.. Storm Drainage, of the Eastern Dublin EIR and in an addendum dated August 22, 1994. This supplement analyzes the Project's impacts when evaluated against new ~ information concerning water supply subsequent to the earlier analysis. ENVIRONMENTAL SETTING ~ Existing water supply. The Project Site obtains domestic water from private on-site wells. The Applicant has requested potable and non-potable (recycled) water from Dublin San Ramon Services District (DSRSD). The Project Site lies within the service boundaries of DSRSD. Water demand and supply. The City of Dublin and the Dougherty valley portion of San Ramon are supplied by water provided by DSRSD, headquartered in Dublin. DSRSD owns and operates a water distribution system, including transmission lines, pump stations, reservoirs and water turnouts. DSRSD obtains water from Zone 7, which is discussed below. DSRSD was formed in 1953, formerly known as the Parks Community Services District and later as the Valley Community Services District. Treated water is supplied to DSRSD by Zone 7 via four pipelines owned by Zone 7: Cross Valley Pipeline, Santa Rita-Dougherty Pipeline, Santa Rita Pipeline, and Dougherty Pipeline. This water is supplied through five turnouts. Turnout No. 1 is located at the intersection of Dougherty Road and the Iron Horse Trail, just south of the Project Site. Turnout No. 2 is located at the intersection of Amador Valley Boulevard Neilsen Project/Draft Supplemental EIR Page 43 City of Dublin January 2009 PA #07-057 ~-o ~ ~ 5 g ~ and Stagecoach Road. The third turnout is in the vicinity of Arnold Drive and Altamirano Road. The fourth turnout is located on Friesman Road, south of I-580 adjacent to Eastern Dublin. A fifth, seldom used, emergency turnout is located on 4t'' Street within Camp Parks. ~ Water received from the turnouts is distributed throughout DSRSD's water service area including Dublin via a grid of underground water transmission lines, delivering water to residences, businesses and other customers within the District's service area. Such water transmission facilities are present in Tassajara Road adjacent to the Project site. The District also provides recycled (reclaimed) water for irrigation and other non- potable uses. DSRSD Ordinance No. 301 requires recycled water use for approved ""` customer categories for all new land uses, including commercial, multi-family residential and institutional irrigation uses within the DSRSD potable water service area. New development within the Eastern Dublin area has been required to install dual '"~" water systems and a recycled water distribution system has been installed within the major streets, including Dublin Boulevard. A recycled water pipeline is present in Tassajara Road adjacent to the Project site, and recycled water is available to serve the ~ Project. Zone 7 and DSRSD currently charge connection and other fees on new development within the District's service area. Fees are used for construction of planned water system capital improvements including storage, pumping, transmission -- and on-going system water maintenance and improvements. Some of the Project's water needs will be met by recycled water. The City of Dublin has Water-Efficient Landscaping Regulations that reduce water use for irrigation (Dublin Municipal Code ~~ Chapter 8.88). DSRSD's Urban Water Management Plan (May 2005) (DSRSD UWMP) includes a projection of future potable and reclaimed water use through the year 2030. This projection is shown on Table 4.12-1, following. The DSRSD UWMP is incorporated herein by reference and is available for public review at the City Public Works Department during normal business hours. The analysis of water supply and demand for the DSRSD service area relies on this most recent UWMP as permitted under CEQA. Table 4.4-1. Projected DSRSD Water Demand (Potable & Reclaimed) (Acre-Feet/Year) Demand Source 2005 2010 2015 2020 2025 2030 Potable Water Dublin 9,300 10,600 11,900 13,700 13,700 13,700 Doug erty Valle 1,250 2,800 3,400 3,400 3,400 3,400 Subtotal 10,550 13,400 15,300 17,100 17,100 17,100 Rec cled Water 2,000 2,700 3,250 3,700 3,700 3,700 Total 12,550 16,100 18,550 20,800 20,800 20,800 Source: DSRSD Urban Water Management Plan, 2005 Update Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 ~ Page 44 January 2009 ~ ~ ~ ~ 7~ 8~ ~ DSRSD is responsible for planning to supply sufficient water to meet the anticipated growth in demand. DSRSD plans to use a combination of potable and recycled water supplies as well as conservation of water resources to meet demand. DSRSD's UWMP shows that it has sufficient supply to meet demand through 2030 under all hydrologic conditions (DSRSD UWMP, Tables 7-1- 7-5). Note that the 2005 DSRSD UWMP projected water demand from buildout of Dublin would occur by 2020 in accordance with the City General Plan. Based on more recent information, it appears that buildout would occur at a later date due to the timing and development patterns in the City. However, the amount of development and projected water demand would be similar to that under the General Plan. So, for the purposes of this analysis, the water demand under General Plan buildout is assumed the same as the amount in the DSIZSD UWMP (20,800 afy), but the date of buildout is projected to be beyond 2020 (see discussion on Future Water Demand in Section C.3 below). The wholesale supplier of water to DSRSD is Zone 7. DSRSD has a contract with Zone 7 which establishes the obligations between the parties to meet demand in the DSRSD service area. Under the contract, DSRSD is obligated to purchase all of the treated water it requires from Zone 7, unless Zone 7 is unable to deliver sufficient water. If Zone 7 is unable for a period of time to deliver sufficient water to satisfy DSRSD's needs, DSRSD is permitted to acquire water from other sources during the period that Zone 7 has insufficient water. Zone 7 has indicated that they will endeavor to meet DSRSD's water , needs. Zone 7 relies on a combination of supplies to meet treated and untreated (i.e., raw surface water) water demands. Under Zone 7's most recently adopted UWMP (2005), Zone 7 determined that sufficient water supply existed to serve water demand through buildout of the Livermore-Amador Valley in 2030. The Zone 7 2005 UWMP is incorporated herein by reference and is available for public review at the City Public Works Department during normal business hours. $ Zone 7 conducts an annual review of its water supply reliability. The most recent - review was completed in May 2008 (Zone 7 Annual Review of Sustainable Water ~ Supply dated May 21, 2008 (2008 Annual Review)). The 2008 Annual Review concludes Y that Zone 7's sustainable water supply is adequate to meet its 100% Reliability Policy for existing and future demand through 2015. However, after 2015, the current estimated sustainable water supply is insufficient to meet Zone 7's 100% Reliability "~` Policy. At buildout, projected demand will exceed the estimated sustainable water supply by about 6,000 acre feet a year. The 2008 Annual Review lists the basic assumptions that the analysis used for water sources and amounts, demand growth, ~` and development (2008 Annual Review, p. 1). Any change in those basic assumptions would impact the conclusions. Since the 2008 Annual Review is the most recent information available from Zone 7 on its water supply, this EIR includes and analyzes this information. A. Zone 7 Water Supplv Sources and Amounts Identified in 2008 Annual Review Below is a summary of the available water sources and amounts as described in Zone 7's 2008 Annual Review: Neilsen Project/Draft Supplemental EIR Page 45 City of Dublin January 2009 PA #07-057 a ii ~ -~5~ State Water Project Su~plies: In a typical year, Zone 7 gets approximately 70 to 80 percent of its water supply from water conveyed through the Sacramento-San Joaquin Delta by the State Water Project. Zone 7 has a 75-year contract with the California Department of Water Resources (DWR) to receive water from the State Water Project (SWP) that has almost 30 years remaining. The current Table A Water under this contract is 80,619 acre feet a year (afy). SWP water is delivered to Zone 7 from the Feather River Watershed via the Sacramento-San Joaquin Delta. This water is then transported to Zone 7 through the California Aqueduct to the South Bay Aqueduct and Lake Del Valle (if sufficient capacity is available). Water enters the Zone 7 system from the South Bay Aqueduct and from Lake Del Valle at two Zone 7 treatment plants: the Patterson Pass Treatment Plant and the Del Valle Water Treatment Plant. With regard to all of these SWP entitlements, actual water deliveries vary from year to year, depending on hydrologic conditions, requests by other contractors, delivery capacity, and environmental/regulatory requirements. Historically, for planning purposes, Zone 7 anticipated a long-term annual average delivery of 76% of its SWP entitlement or 60,900 afy. Recently, however, SWP water deliveries have been resfiricted by an interim federal court order restr-icting Delta pumping, which is designed to protect the Delta Smelt, an endangered species. The interim court order is in place pending the issuance by USF&WS of a new Biological Opinion addressing the impacts of Delta pumping for the SWP on the Delta Smelt. Additional species-related restrictions on the State Water Project's ability to deliver water from the Delta are possible (See discussion below in Section C.2). Based on current restrictions in place for Delta Smelt and global warming impacts on water supply (as estimated by DWR in its 2008 Reliability Report), Zone 7 currently anticipates a long-term annual average delivery to be approximately 66% of its entitlements or 53,200 afy, a reduction of 7,700 afy from its historical available water supply estimates (2008 Annual Review). The reduction in SWP annual supply delivery is mostly the result of the Delta pumping restrictions under the interim court order (which accounts for 82% of the reduction). Byron-Bethany Irri~ation District: Zone 7 has a long-term contract (15 year renewable every 5 years) with the Byron-Bethany Irrigation District (BBID) for delivery of up to 5,000 afy. Zone 7 has taken up to 4,000 afy in certain years under the BBID agreement. However, for estimating sustainable water supply for planning purposes, Zone 7 estimated only 2,000 afy from this source due to constraints that limit Zone 7's ability to take full delivery, including actual quantity of fallowed lands and conveyance through State Water Project facilities. Local Surface Water: Lake Del Valle is a local storage reservoir operated as part of the SWP. Zone 7 has rights to water from Lake Del Valle under its water rights permit for the Arroyo Del Valle. This water is made available through operating agreements with the DWR. Zone 7 estimates the future and long-term yield from Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 ~ Page 46 January 2009 ~*° ~ ~::- ~~ ~~ ~ this source at 9,300 afy based on modeling of historic runoff data and future Zone 7 winter-season demands (2008 Annual Review). Local Groundwater: Zone 7 uses the local underground aquifer basin as storage and another source of water. It is estimated that a safe yield of 13,400 afy can be withdrawn from the basin. Recycled Water: Tertiary-treated recycled water is currently distributed for irrigation by DSRSD and the City of Livermore. Zone 7 includes only the current = amount of recycled water used for irrigation in its sustainable supply estimate - 3,300 afy. Although, Zone 7 acknowledges that the amount of recycled water used in the Zone 7 district area will increase over time, its estimate of future supply through 2030 assumes no increase. B. Additional Water Which is Reasonablv Likelv to Be Available for Proiect The 2008 Annual Review is a water supply planning document which evaluates sustainable water supply based on Zone 7 policies, including its 100% Reliability Policy. ~~ Under CEQA, the standard for evaluating available water supply for a project is whether the supply has a"reasonable likelihood" of becoming available (See discussion below under CEQA Standards of Significance). There is additional water that is ,~ "reasonably likely" to become available to Zone 7 that was not included in the 2008 Annual Review. DSRSD also has water supplies available to serve the Project. This water and its likelihood of availability to serve the proposed Project and buildout are discussed below. 1. Additional Water Supplies That are Reasonably Likely to Become Available to Zone 7. ~ Under Zone 7's existing agreement with BBID, there are 3,000 afy which may become available in the fuiure that were not included in estimated sustainable supply in the 2008 Annual Review. The 3,000 afy were not included in the 2008 Annual Review based on assumptions regarding constraints on taking full ~ delivery of the water. However, Zone 7 is working with DWR and BBID to allow Zone 7 to take full delivery of its BBID water supply. This water supply is considered "reasonably likely" in the long-term given the negotiation efforts and ~ potential change in circumstances that would result in a change in the assumptions underlying the constraints on taking the extra water. ~' Additionally, Zone 7, as the wholesale water agency in the Livermore-Amador Valley, is committed to providing a reliable supply of high-quality drinking water to its customers. Zone 7's water supply planning process is an on-going '~ and cooperative process with its water retailers, which is continuously reviewed and updated as statewide, regional and local water supply issues and conditions change. Currently, Zone 7 and its retailers are actively working together to ~ address and respond to changing water supply conditions to provide reliable water supplies that will meet future water demands within its service area. This includes a series of actions for increasing the reliability of current water supplies and augmenting the amourit of available water supply. Specific actions include Neilsen ProjecUDraft Supplemental EIR Page 47 City of Dublin January 2009 PA #07-057 a -3~ ~~s- the following. Zone 7 is actively engaged in the Bay Delta Conservation Plan (BDCP), a long-term planning process to increase reliability of water supply through the Delta by changing water delivery options (ex. dual conveyance ~ facility) and/or restoring Delta habitat. Zone 7 also is currently undertaking a "Delta Supply Reliability Assessment Study" to review augmenting water supply opportunities through interties with other wholesale water agencies and ~ regional water supply expansion projects such as the Las Vaqueros Reservoir expansion. Other statewide efforts include fish protections that rely less on overall water supply as part of the Operational Criteria and Planning Process (OCAP) and interim Delta projects such as the "Frank Tracts, Two-Gate Project" that could protect Delta fishes and enhance water supplies. These various efforts to stabilize and augment available water supply are discussed in the Tri-Valley """' Water Retailers Annual Report, Fiscal Year 2007/08 (approved October 29, 2008), a copy of which is available for public review at the City Planning Department during normal business hours. The Tri-Valley Water Retailers Annual Report is `" incorporated herein by reference. Based on these efforts, it is reasonably likely that the estimated long-term water supply shortfall of 6,000 afy estimated in the 2008 Annual Review will be met by increasing the reliability of existing water T supplies or augmenting water supplies. 2. DSRSD Available Water Sources and Recycled Water. DSRSD also has water supplies that are "reasonably likely" and would be available to serve the proposed Project and other future long-term demands. DSRSD has an agreement with Berrenda Mesa Water District for 5,000 afy of SWP water entitlements. DSIZSD has a"right of first refusal" for these water entitlements. Since this water is delivered through the Delta, it would be subject to the current interim restrictions on Delta pumping under the federal court order in the Delta Smelt litigation (see discussion below in Section C.2). DSRSD, Livermore, and Pleasanton also have significant additional amounts of recycled water and planned recycled water use which are "reasonably likely" and not included in the 2008 Annual Review. The 2008 Annual Review assumes recycled water use Valley-wide (including Livermore, Pleasanton and DSRSD service area) will not increase over current use of 3,300 afy over next 22 years. However, both Zone 7 and DSRSD state that the use of recycled water is expected to increase in the future. DSRSD has established policies for the use, promotion and priority for recycled water service (DSRSD UWMP, pp. 23-24). Infrastructure is already in place in Dublin (including at the Project site) to use recycled water in place of potable water, especially for irrigation. The use of recycled water offsets potable water demand and frees up potable water supply. The available recycled water supply is much greater than the 3,300 afy included in the 2008 Annual Review. Currently, DSRSD delivers about 1,800 afy to its service area (Rhodora Biagtan, DSRSD, personal communication, November 21, 2008). Use of recycled water in DSRSD's service area is expected to increase to 3700 afy by 2030 (Rhodora Biagtan, DSRSD, personal communication, November 2008). Additionally, DSRSD is seeking to implement other projects which are Neilsen Project/Draft Supplemental EIR Page 48 City of Dublin January 2009 PA #07-057 ~ ~ ~t~ ~-~`~! Y ~ ~~~ expected to permanently offset approximately 400 afy of existing potable water demand by using recycled water. Other recycled water sources and users in Zone 7 include the cities of Livermore and Pleasanton. Livermore currently provides about 930 afy of recycled water to users within the City (Darren Greenwood, Water Resources Manager, City of Livermore, personal communication, November 18, 2008). Recycled water use in Livermore is expected to expand to 1,650 afy upon buildout in the City's Recycled Water Use Area in the next 6-10 years (2014-2018) (Darren Greenwood, Water Resources Manager, City of Livermore, personal communication, November 18, 2008). For the City of Pleasanton, recycled water is expected to grow to 1,695 afy if implemented as part of the buildout of North Pleasanton (mainly the Hacienda Business Park) (Emily Wagner, Economic Development Fiscal Officer, City of Pleasanton, personal communication, November 20, 2008). Under City plans, recycled water use could grow to 5552 afy upon buildout of the City in 2029/30 (Emily Wagner, Economic Development Fiscal Officer, City of Pleasanton, personal communication, November 20, 2008). So, overall, recycled water use in Zone 7 is expected to increase to at least 7000-10000 afy by 2030 or earlier, which is 3700- 6700 afy more than the amount included in the 2008 Annual Review for 2008 - 2030. The increased recycled water supply will offset potable water demand from current potable water demand projections and free up potable water supply. C. Water Reliabilit~ Plannin~ Assum~tions in 2008 Annual Review The 2008 Annual Review also has series of assumptions that are used for water reliability planning purposes. The level of reliability used for these planning purposes is much greater than the CEQA standard of "reasonably likely". The assumptions used for these water planning purposes are not required to be used for a CEQA "reasonably likely" analysis. Therefore, under the CEQA standard, there is a"reasonable likelihood" that future water supplies may be greater and future demand will be less than those assumed in the 2008 Annual Review. The key assumptions that underlie the analysis in the 2008 Annual Review, and are more conservative than the "reasonably likely" standard, are discussed below. 1. Zone 7's 100% Reliability Policy. The 2008 Annual Review analyzed whether Zone ~' 7's sustainable water supply is sufficient to provide 100% reliable supply under specified hydrologic conditions to meet existing and future demand. The standard of 100% reliable supply under specified hydrologic conditions is part of ` Zone 7's Water Supply Reliability Policy (100% Reliability Policy). The Policy states that Zone 7 will "endeavor to meet" 100% of its treated water customer supply needs "during an average water year, a single dry water year, and ° multiple dry water years". These hydrologic conditions are further refined in the Policy as conditions chosen by Zone 7 staff based on the historic record (ex. key hydrologic conditions typically used for water supply planning include a critically dry year (1977) and multiple dry years (1928 to 1934 and 1987 to 1992)). Under the 2008 Annual Review, Zone 7 has sufficient water supplies to meet its 100% Reliability Policy through 2015. In other words, all the water demand of projected growth could be met with 100% reliability under specified hydrologic Neiisen ProjecUDraft Supplemental EIR Page 49 City of Dublin January 2009 PA #07-057 a~~ ~~ conditions, including worst-case drought years (i.e., 1977 and 1987 to 1992) even with the current Delta pumping restrictions remaining in place through 2015. However, after 2015, Zone 7 may not be able to provide 100% of projected water delivery demands under all specified hydrologic conditions if the current Delta restrictions remained in place and based on other assumptions. The 100% Reliability Policy is a conservative approach taken for water supply reliability planning purposes and is stricter than the CEQA "reasonably likely" standard. Zone 7's 100% Reliability Policy also is different than the level of reliability ' adopted by other water agencies around California. Most water purveyors recognize that reductions in water delivery will be required in a certain percentage of years and the amount of reductions will vary. The majority of ` California water purveyors set their reliability standards for planning purposes at 80-90% generally meaning either (a) that in years of hydrological shortfall, the required cutbacks in water delivery would have to be 10-20% or (b) that in 80- ~R' 90% of the hydrological years, an agency is able to make full deliveries. ("Evaluation of Water Supply Reliability Policies for Other Bay Area and California Water Systems", Memorandum from West Yost Associates to DSRSD, ~' dated November 12, 2008). So, the majority of water purveyors assume as part of ,;, their water supply planning that some conservation or reduction in demand will be required from customers to meet water needs in certain hydrologic *~ conditions. An alteration in the 100% Reliability Policy to provide for less than 100% delivery in certain years could be a means for Zone 7 to meet projected ~ demand after 2015. ~, 2. Interim Delta Pumping Restrictions Assumed Permanent. The State Water Project (SWP) is the main source of water for Zone 7. Recently, SWP deliveries have been reduced by restrictions on pumping water from the Delta under Court decisions and regulatory agency action. The 2008 Annual Review assumes that the interim restrictions on Delta pumping imposed by the federal court in the Delta smelt litigation (Wanger decision) will continue long-term. However, the Wanger decision states that these are interim restrictions that will be reviewed upon the completion of a Biological Opinion on the Delta Smelt by U.S. Fish & Wildlife Service (USF&WS). On December 15, 2008, USF&WS released its revised Biological Opinion. It appears that the Biological Opinion will result in similar Delta pumping restrictions to those currently in place under the Wanger decision. Water purveyors and others have expressed some concerns about the Biological Opinion, so it may be subject to challenge or revised. One entity (the Family Farm Alliance) has filed a lawsuit challenging the new Biological Opinion. The final resolution of any long-term restrictions on Delta pumping due to the Delta Smelt is not known at this time. A second federal court decision has invalidated the USF&WS Biological Opinion on the impact of Delta pumping on salmon and steelhead trout (Pacific Coast Federation of Fisherman's Association v. Gutierrez Federal District Court Case # 06-CV-00245). No interim pumping restrictions have been imposed in the litigation relating to the impacts of Delta exports on the salmon and steelhead Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 ~ Page 50 January 2009 h ~ ~ «~- a~~ ~s~- trout. In that litigation, a request for restrictions was denied by the Court based on findings that (1) evidence seems to show that pumping and export restrictions may not greatly benefit the species and have significant adverse consequences for water users; and (2) there are substantial scientific disagreements about the need for and effectiveness of the remedies on species viability. As part of that litigation, USF&WS is preparing a new Biological Opinion on salmon and steelhead which is anticipated to be completed in March 2009. The resolution of any long-term restrictions on Delta pumping due to the salmon and steelhead trout are not known at this time. The Department of Fish & Game also has adopted regulations to protect longfin smelt that might result in restrictions on Delta pumping. The regulations provide temporary protection for the longfin smelt while the State considers whether to list the fish as an endangered species. Whether and when these restrictions will go into effect is unclear and uncertain. The restrictions take effect only in certain situations. The State Water Contractors have filed a lawsuit challenging the regulations. In light of these litigation and regulatory issues, various federal and state agencies are considering long-term solutions to the Delta pumping issue. Since a substantial portion of the State's water supplies are derived from the Delta, various state and federal efforts are underway to ensure that water deliveries from the Delta can be maintained while at the same time protecting species that rely on the Delta habitat. These efforts include near-term (or interim) projects, such as the Franks Tract Project, which would install a physical barrier in the Delta that would serve to reduce the impact of pumping on Delta Smelt; and long-term projects, such as the construction of dual- or isolated-conveyance system. Such a dual- or isolated-conveyance system would involve the construction of a canal between an intake at the Sacramento River upstream of the Delta and the SWP pumps at the southern end of the Delta, which would allow SWP water to be conveyed separately from the Delta. As discussed above in Section B.1, Zone 7 and the Tri-Valley Retailers are actively working on various solutions to increase the reliability of water currently delivered through the Delta. Based on the importance to the entire State of resolving the Delta pumping situation and the various options available for resolution, it is "reasonably likely" to assume that either the restrictions will be lifted, a solution to the Delta conveyance impacts on species and habitat will be implemented, an alternative source of water will be found by Zone 7 to replace the approximately 6,000 afy water "shortfall" by 2030, or new policies will offset the negative impacts of the restrictions (e.g., state legislation (ex. Laird bill (AB 2175) or a revised Zone 7 policy). 3. Future Water Demand Likely Overstated. The water "shortfall" conclusions in the 2008 Annual Review result from very conservative demand assumptions which include no reduction in per capita demand over the next 22 years and no further implementation of conservation measures or requirements. However, recent demand data from DSRSD and Zone 7 show water demand is decreasing. The Neilsen ProjecUDraft Supplemental EIR Page 51 City of Dublin January 2009 PA #07-057 ~ ~ ~7 7v 8 ~ 2008 Annual Review does not reflect this decrease in demand. In addition, the 2008 Annual Review does not consider future reductions in demand due to State regulations and the implementation of water conservation measures. Based on the following discussion, it appears "reasonably likely" that the growth in potable water demand assumed under the 2008 Annual Review will occur at a slower rate or will be less than that projected at buildout. a. Recent Decreases in Water Demand DSRSD's billing account data shows that per water account demand has decreased 38% over the last 3 years (2005-2008) (Rhodora Biagtan, DSRSD, personal communication, November 21, 2008). The water demand per account decrease from January - October was 25% in 2005-2006, 4.7% in 2006-2007, and 14% in 2007-2008 (Rhodora Biagtan, DSRSD, personal communication, November 21, 2008). This decrease may be attributed to a number of reasons, including but not limited to, increased use of recycled water for irrigation, increased density of developments, lower ntunber of occupants per residential unit, voluntary water conservation efforts, and the current economic slowdown. This data shows a pattern of significant, recent overall demand reduction. As part of DSRSD's next Water Master Planning effort, it is reviewing water demand data and will adjust projections as necessary. Zone's 7's recent 5 year delivery requests show a 3% reduction in potable water requests for 2009 from delivery requests made in 2008 (Zone 7 Five Year Delivery Requests 2009-2013, dated October 15, 2008 (2008 5 Year Delivery Request)). DSRSD reduced their delivery rate by 9% due to the economic slowdown and the reduced rate of growth in their service area (2008 5 Year Delivery Request, p. 3). California Water Service and Livermore each reduced their delivery requests by 2% (2008 5 Year Delivery Request, p. 3). Also, in 2008, some contractors took less of their requested water deliveries due to increased conservation efforts. (2008 5 Year Delivery Request, p. 4). Overestimates of estimated delivery requests have also occurred recently. In 2006, Pleasanton and Livermore actual deliveries were 8-10% below amounts included in Zone 7 plans (2008 5 Year Delivery Request, p. 4). Water demand also seems to be decreasing due to the economic downturn. Within the last year in particular, the DSRSD service area has begun to experience a reduction in requested water connections due to the economic slowdown, especially the significant reduction in construction of new single family homes. The number of new 5/8-inch water meter equivalent water connections requests in the first 9 months of 2008 was 67 compared to 1,022 for the first 9 months of 2007, a reduction of 93.4%. The drop in water connections is evidence of an economic slowdown which will result in a slowdown in the rate of growth of future water demand. The recent reduction in water demand documented above could extend available water supplies to meet Zone 7's 100% Reliability Policy beyond 2015 as estimated in the 2008 Annual Review. ,~., Neilsen Project/Draft Supplemental EIR Page 52 City of Dublin January 2009 PA #07-057 ~, a ~g ,~. ~~ b. Reductions in Future Water Demand Due to State Regulations and Water Conservation The demand estimates in the 2008 Annual Review do not reflect the mandatory 20% reduction in indoor water use in residential development required in 2011 under the recently adopted 2008 California Green Building Code Standards. The Green Building Code also includes a comparable 20% reduction in commercial development which is currently voluntary, but is expected to be adopted as part of the 2010 California Building Code revisions. A 50% reduction in potable water use in outdoor landscape irrigation will be part of the 2010 California Building Code. Therefore, it is "reasonably likely" that the 2008 Annual Review over- estimated future water demand since it did not assume any reduction in per capita demand in future. A future reduction of demand greater than the 6-9% "shortfall" identified in the 2008 Annual Review seems "reasonably likely" especially in light of the 20% indoor water use reduction and 50% outdoor water use reduction mandates in the California Green Building Code. The 2008 Annual Review states that a 20% reduction in per capita water use would result in Zone 7 having adequate supplies to meet demand through buildout (2008 Annual Review, p. 1). The 2008 Annual Review also does not include any reduction in demand due to the implementation of voluntary or mandatory conservation measures. Although conservation measures are greatest in drought years, they carry-over to non- drought years, especially structural conservation measures. For example, permanent conservation based on structural changes include replacing existing potable-water landscape irrigation systems with recycled water systems and retrofitting existing structures with water conserving fixtures. Additional water conservation measures and use of recycled water is increasing in new development and could be required. Several proposed programs to offset existing demand (ex. toilet flush retrofit at Alameda County Santa Rita Prison) could free up potable water supplies for future demand. Overall, these measures would significantly reduce future water demand. DSRSD currently has an extensive water conservation program in place, as described in Chapter 8 of DSRSD's 2005 UWMP. The projected future water demands presented in Table 4.12-1 include continued implementation of DSRSD's water conservation programs. In single dry or multiple dry years, the projected demands would likely decrease as a result of additional mandated water conservation measures and increased awareness by DSRSD's customers. Based on water conservation by DSRSD' s customers in past droughts, a reduction in water demand of up to 25 percent is assumed to occur during single dry or multiple dry years with implementation of mandatory water use restrictions and prohibitions as outlined in DSRSD's Water Shortage Contingency Plan (Chapter 9 of DSRSD's 2005 UWMP). The Zone 7 UWMP also sets forth detailed Water Demand Management Measures that reduce water use. Zone 7 reached a voluntary demand reduction of 25% during the critical dry year of 1991 (when Zone 7 received only 30% of its SWP water supply). This demand reduction has been assumed for DSRSD' s City of Dublin service area, but not for Neilsen ProjecUDraft Supplemental EIR Page 53 City of Dublin January 2009 PA #07-057 al9 `75~ ~ the Dougherty Valley service area, due to the nature of the supply agreements for pougherty Valley. However, some reduction will also likely occur in the Dougherty Valley service area due to increased awareness by DSRSD's customers. Also, both DSRSD and Zone 7 have adopted contingency plans for water cutbacks in the event of a drought that are not included in the assumptions in the 2008 Annual Review. 4. Conservative Planning Assumptions. The 2008 Annual Review also states that if any one of the conservative planning assumptions upon which its analysis is based changes, the analysis could significantly change. Zone 7 has identified the following planning-level assumptions used in their analysis that could be subject to change, which could extend the 100 percent reliability of Zone 7 supplies beyond 2015 by reducing the projected demands, and / or increasing the sustainable supply available to Zone 7: • Slow-down in development due to economic or other factors, thus delaying and/or reducing the rate of increase in projected future demands; • Reduction in projected demand in normal years (including potential reductions in per capita water demand consistent with State legislative or executive proposal's for a 20 percent reduction in per capita water use statewide and / or during dry years (as a result of water conservation by DSRSD and the other retailers); • Increases in recycled water use, thus reducing potable water demands; and • Implementation of near-term and long-term Delta improvements to increase long-term SWP deliveries to Zone 7. Regulatory Framework. The EDSP established Goals, Policies and Action Programs to " guide cooperation between the City, the DSRSD and the project developers in producing new water supplies and water distribution facilities. Many of these provisions were adopted as mitigation measures for all of Eastern Dublin. These "~ policies included coordinating with DSRSD on the expansion of their water service ~ boundary, supporting DSRSD and Zone 7's policies and capital improvement programs and requiring developers to get "will-serve° letters from DSRSD prior to City grading ""' permit approvaL IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR identified significant impacts related to the supply of water. Mitigation measure 3.5/23.0 addresses possible salinity in the groundwater basin. Mitigation measures 3.5 / 24.0-40.0 were adopted to prevent overdraft of ground water resources by requiring or encouraging annexation and connection to DSRSD; to minimize the effect of additional demand for water by encouraging water recycling and conservation and by encouraging the development of new facilities and supplies; and to ensure the development of a water distribution system by generally preventing Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 ~~: Page 54 January 2009 ~_ ~ o ~- ~7 ~ ~- development until such facilities are constructed by developers. Other mitigations (3.5/41.0-43.0) were adopted to deal with the potential for reservoir failures, the potential for loss of system pressure, and noise from water system pump stations. The Eastern Dublin EIR noted that the Eastern Dublin General Plan and EDSP would increase demand to serve development at build-out under the then-applicable general plans and required an additional 25,000 acre-feet annually (AFA). Mitigation Measure 3.5 / 28.0 relied on Zone 7's planning to acquire additional supplies. Impact 3.5 / S found a lack of a water distribution system and required a"will serve" letter prior to grading permit (mitigation measure 3.5/3.8.0). Impact 3.5/T, Inducement of Substantial Growth, was deemed to be significant even after mitigation. Upon approval of the GPA/SP, the City adopted a Statement of Overriding Consideration for this significant unavoidable impact (Resolution No. 53-93). SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES The proposed Project has a greater number of dwelling units than assumed in the Eastern Dublin EIR. This DSEIR examines whether there is a reasonable likelihood that water would be available to serve the Project. Significance criteria. The proposed project would be considered to have a significant impact on water supply and distribution if it were to: • Require new or expanded water supply entitlements or facilities to serve the proposed project. Under CEQA standards, the EIR must analyze the "reasonable likelihood" that adec~uate water supply will be available to serve the Project and other water demand under near-term and long-term conditions. The "reasonably likely" showing does not require certainty of future water supplies through signed, enforceable agreements with providers and already built or approved facilities. An EIR must include a reasoned analysis of the circumstances affecting the likelihood of the water's availability. "Paper water," speculative sources or unrealistic allocations are not "reasonably likely" sources under CEQA. Uncertainty in the form of competition for identified water sources is an important point that should be discussed, but it does not necessarily render development of the planned water supply too unlikely. It is not necessary that the EIR show that total water supply in the long-term would be sufficient to meet total demand, but a discussion of total supply and demand is necessary to evaluate the cumulative impacts of development on water supply. There is a level of uncertainty regarding the availability of water supplies that can be tolerated in an EIR. However, the EIR must provide decision makers with information to evaluate the sources of water for the project and their impacts. The EIR can rely on and incorporate analysis of the impacts from water sources performed by the water purveyors. The analysis of replacement or alternative sources is only required if it is impossible to confidently determine that Neilsen ProjecUDraft Supplemental EIR Page 55 City of Dublin January 2009 PA #07-057 aa~ ~-~~~ anticipated future water sources will not be available. As long as an EIR discloses potential uncertainties and contains substantial evidence demonstrating that water supplies will likely be available in the future despite uncertainties, an EIR is not required to identify and analyze alternative water supplies Supplemental impacts. The following environmental impacts are anticipated should the proposed Project be approved. Water demand. Construction of proposed improvements on the Project Site would increase demand for potable water for domestic purposes and for recycled (non- potable) water for irrigation of Project open space areas. The Project would also incorporate low-flow toilets and other permanent water conservation mechanisms, to reduce the magnitude of the Project's overall water demand. The following table is an estimate of potable water use requirements for the full build-out of the proposed Project. Table 4.4-2. Estimated Nielsen Project Potable Water Demand in Gallons Per Day (GPD) Land Use Dwellings Generation Factor Est. Water Demand (gallons/day) Low Density 32 393 12,576 Residential Medium Density 4 225 900 Residential Deduct existing 2 393 786 dzuellin s Subtotal-Potable 12,690 Water Notes: 1) Number of dwellings based on Project Description 2) Generation factors from West-Yost Associates "Nielsen Development Water Service Analysis- Preliminary Hydraulic Results," August 20, 2008. This report is hereby incorporated into this DSEiR. The report is available for review at the Dublin Planning Division during normal business hours Construction of the proposed Project would therefore increase estimated potable water demand by 12,690 gallons per day or 14.2 afy. This would be an incremental increase in water use for Dublin and surrounding communities served by DSRSD and Zone 7. 14.2 afy constitutes only 0.08% of DSIZSD's long-term potable water supply of 17,100 afy, and 0.017% of the conservative total sustainable water supply of 81,200 afy, in the 2008 Annual Review. In addition, there would be an increase in demand for non-potable irrigation water. A recycled water distribution main is located adjacent to the Project property. There Neilsen ProjecUDraft Supplemental EIR Page 56 ~ City of Dublin January 2009 PA #07-057 ~ aad -~ ~g- is a sufficient supply of recycled water available to serve this demand and a less- than-significant impact would result with regard to this topic. DSRSD has indicated that, as of the date of this SEIR, potable water is available for this Project and will remain available until at least 2015 without any further considerations. The incremental increase in potable water demand would be relatively small and that DSRSD does not believe that the increase would have a significant impact on the District's ability to provide water supplies to its customers in this area (personal contact, Aaron Johnson, DSRSD, 4/ 8/ 08). 14.2 afy constitutes only 0.08% of DSRSD's long-term potable water supply of 17,100 afy. DSRSD also will not issue construction permits for the proposed Project if there is not available water, in accordance with DSRSD Code Section 6.2.01. So, the proposed Project will not be allowed to begin construction under DSRSD regulations unless there is adequate water to serve Project demand. At collection of connection fees and issuance of a construction permit, a connection to the DSRSD water supply system will be made and water provided to the Project in accordance with DSRSD regulations. Additionally, Mitigation Measure 3.5/38 in the Eastern Dublin EIR requires a"will- serve" letter from DSRSD prior to grading permit approval. Zone 7 has determined that it has sufficient supplies to serve projected demand with 100% delivery reliability through 2015 even with the continuation of the current restrictions on SWP water due to restrictions on Delta pumping. The Project is expected to be completed before 2015. Therefore, there is available water to serve the proposed Project if it is completed before 2015 even under the conservative analysis in the 2008 Annual Review. Zone 7 and DSRSD allocate water to users on a first- come-first-served basis. The analysis of water availability and reliability in the 2008 Annual Review is different and stricter than the CEQA standards. CEQA requires that water supplies are "reasonably likely" to be available to serve the Project in the near and long-term. Under CEQA, the water supply analysis in an EIR may rely on a recently-adopted UWMP. Zone 7's current 2005 UWMP concluded that it had sufficient water to meet existing and future demand under its 100% Reliability Policy through 2030. Zone 7's 2005 UWMP did not consider species-related restrictions on Delta pumping. Zone 7 will update its UWMP in 2010. However, the 2008 Annual Review identifies a potential "shortfall" in supply after 2015 to meet the 100% Reliability Policy. This Review is a"snapshot" based on current conditions taken outside the formal UWMP planning process that takes place every 5 years. As discussed above, under the conservative analysis in the 2008 Annual Review, existing water supplies may prove insufficient to meet demand with 100% delivery reliability after 2015. The "shortfall" of supply to meet the 100% Reliability Policy would equal about 6,000 afy in 2030. Based on the above discussion, adequate water supplies to meet existing and future demand (including the proposed Project) are reasonably likely. The 2008 Annual Review is based on very conservative assumptions. It does not include the full Neilsen ProjecUDraft Supplemental EIR Page 57 City of Dublin January 2009 PA #07-057 aa~ -~ ~ _ amount of "reasonably likely" water supply available to Zone 7 under existing contracts and potentially new sources of supply being pursued. DSRSD also has existing water supplies available under its contract with BMID and recycled water and additional conservation measures that could be implemented which could be used to meet Project and cumulative demand. In addition, it is reasonably likely that existing and future demand would be at least 15% below that estimated in the 2008 Annual Review after 2015. The recently adopted State Green Building Code requires a 20% reduction in indoor water use in residential development in 2011 and a similar voluntary reduction for commercial development is expected to become mandatory in the 2010 California Building Code. In addition, a 50% reduction in outdoor water use is expected to be part of the 2010 California Building Code. Zone 7 and DSRSD also have current water conservations measures that are in effect during droughts and may be expanded to address shortages resulting from other causes. Historical figures show that these conservation measures could reduce demand by about 25%. Zone 7 acknowledges that if any of the basic assumptions used in the 2008 Annual Review change, then the results could change. The current 2008 Annual Review assumes: buildout proceeds in accordance with current General Plans in linear fashion to 2030 without any slowdown due to current economic downtown; no change in its 100% Reliability Policy; and existing interim restrictions on Delta pumping will continue long-term. In summary, it is "reasonably likely" that there are existing and future potential water supplies greater than 6,000 afy that are not included in the 2008 Annual Review. In addition, likely reduction in demand by 2030 will exceed the amount of this identified shortfall. Based on the foregoing, water supplies are reasonably likely to be available to serve the proposed Project and existing demand in the near-term, and Project and cumulative demand in the long-term. Therefore, the proposed Project impact is less than significant. The Project contribution to any significant cumulative impact is less than cumulatively considerable and, therefore, less than significant. Since water supplies are reasonably likely, the EIR is not required to analyze alternative water sources and supplies. STORM DRAINAGE AND WATER Q UALITY Storm drainage and water quality impacts were analyzed in Chapter 3.5, Sewer, Water, and Storm Drainage, of the Eastern Dublin EIR. This supplement evaluates changes in hydrology or regulatory standards since certification of the Eastern Dublin EIR. It further evaluates the Project in light of the promulgation of regional water quality requirements pursuant to the Clean Water Act subsequent to certification of the Eastern Dublin EIR. Lastly it evaluates the potential for the Project to contribute to increase in the salinity of the groundwater basin. Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 ~ Page 58 January 2009 ~ ~. ~~ ~ ~ ~5g r ENVIROMENTAL SETTING Regional and local watersheds. The Project Site is located within the Alameda Creek watershed. The closest regional drainage facility is Tassajara Creek, west of the Project Site, that drains into to the Arroyo De La Laguna, which discharges into Alameda Creek near Sunol, and ultimately discharges to San Francisco Bay near Union City. Existing on-site drainage facilities. The Site is largely undeveloped and contains minimum storm drainage improvements. Stormwater flows overland to Silvera Ranch Road and Tassajara Road for transmission into Tassajara Creek. Regulatory framework Clean Water Program Rec~uirements. As discussed in the Eastern Dublin EIR the 1987 amendment of the federal Clean Water Act required that the Environmental Protection Agency establish new programs to control non-point pollution in both surface and groundwaters. Locally such programs directed at land development projects were not in place in 1993, when the Eastern Dublin EIR was certified. As of the mid-1990's the regulation of non-point source runoff is administered through the Alameda County Municipal Stormwater National Pollution Discharge Elimination System (NPDES) Permit. Dublin is a permittee city within the Alameda County permit. Regionally the Regional Water Quality Control Board (RWQCB) reviews and approves both the Alameda County NPDES permit and the implementation of ineasures at a project level. The Alameda County permit requires that dischargers address stormwater quality impacts associated with land development projects. The regulations require that the impacts of the project's stormwater discharge on downstream watercourses be addressed. Potential impacts are described as 1) water quality associated or 2) hydromodification (change in the timing or velocity of stormwater runoff in the post- development condition) associated impacts. The NPDES permit regulations are clear in establishing the need for analyzing and mitigating for adverse impacts to receiving waters downstream of a proposed development, but the criteria for assessing "adverse impacts to beneficial uses", and guidance for acceptable methods for mitigating any potential impacts are not contained in the NPDES permit and are undefined at this time. The Alameda County Clean Water Program, which manages the County permit, has adopted a program relating to hydromodification to the RWQCB. Locally, in the same fashion as described above regarding water quality requirements, the City of Dublin attaches a standard condition to each property's development application to comply with the hydromodification requirements of the Alameda County NPDES permit. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR evaluated the potentially significant impact of flooding (Impact 3.5/Y, Potential Flooding). The EIR established mitigation measures incorporating the EDSP policies and action program requiring storm drainage master planning (Mitigation Measure 3.5 / 46.0), requiring natural channel improvements wherever possible (Mitigation Measure 3.5 / 45.0) and requiring that drainage facilities minimize any Neilsen ProjecUDraft Supplemental EIR Page 59 City of Dublin January 2009 PA #07-057 ~ 02~5 ~ -75~ increased potential for erosion or flooding (Mitigation Measure 3.5/44.0). The EIR found that with the implementation of these mitigation measures potential flooding impacts would be reduced to a level of insignificance. Another potentially significant impact evaluated by the Eastern Dublin EIR concerned the possibility that urban runoff might cause a deterioration of the quality of stormwater discharging from the planning area (Impact 3.5/AA, Non-Point Sources of Pollution). This was also considered a potentially significant cumulative impact. With the implementation of mitigation measures requiring each development to prepare project- specific water quality investigations addressing this issue (Mitigation Measure 3.5/51.0) and the development of a community-based non-point-source control education program (Mitigation Measure 3.5/52.0), requiring new development projects to meet the City's Best Management Practices for stormwater pollution (Mitigation Measure 3.5/53), requiring all development proposals to meet the City's National Pollution Discharge Elimination System (NPDES) permit (Mitigation Measure 3.5/54.0 and requiring all individual developments to meet the Alameda County Urban Runoff Clean Water Program (Mitigation Measure 3.5/55.0), that this potential impact and potential cumulative impact would be reduced to a level of insignificance. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES The Project proposes greater development intensity than was assumed in the General Plan and the Eastern Dublin EIR. Also, new standards relating to the impact of non-point source water quality have been put in place since the 1993 EIR was certified. Significance criteria. Implementation of the Project would be considered to have a significant impact on storm drainage/water quality if it were to result in any or all of the following beyond levels analyzed in the Eastern Dublin EIR: • Violate water quality standards; • Substantially alter the existing drainage pattern of the Site in a manner which would result in substantial erosion or siltation on- or off-site; • Substantially alter the existing drainage pattern of the Site, including the alteration of a course of a stream or river, that would substantially increase the rate or amount of surface runoff, which would result in on- or off-site flooding; or • Create stormwater runoff that would exceed the capacity of drainage systems and/or add substantial amounts of polluted runoff or substantially degrade water quality Supplemental impacts. The following storm drainage, flooding and water quality issues have been identified as potential supplemental impacts and are analyzed below: changes in stormwater runoff exceeding capacity of local channels and changes in surface water quality standards. Violation of water quality standards. Impacts are anticipated with regard to soil erosion and surface water quality. During Project construction, existing improvements Neilsen ProjecbDraft Supplemental EIR City of Dublin PA #07-057 ~ Page 60 January 2009 9 ~ ~~~ ~758' and vegetation would be removed and the potential for soil erosion will be at its greatest. Upon completion and occupancy of a Project, potential water quality contaminants may be produced from typical activities. Typical activities that may produce contaminants include landscape chemical application, landscape trimmings, automobile use, automobile fluid spillage, and other similar activities. As part of the normal and customary development review process for new development applications, the Dublin Public Works Department will require preparation and adherence to a soil erosion control plan by the Project Developer(s) to reduce soil erosion from the Site to a less-than-significant level. Su~plemental Impact SM-WATER-1(water qualitv): The quality of stormwater runoff from the Project Site would be expected to decline resulting from an increase in the production of non-point source urban pollutants. Such contaminants include debris, landscaping fertilizers and pesticides, heavy metals, oil and gas residues, tire fragments and debris normally deposited by vehicular traffic. Stormwater runoff from developed areas on the Site would carry non-point source pollutants into surface waters within the drainage channels, where they would cause a cumulative degradation of water quality in San Francisco Bay (significant impact and mitigation requirec~. The following measure is recommended to reduce this impact to a less-than- significant level by requiring the project developer(s) to incorporate state-of-the-art Best Management Practices into the project during construction and post- construction. Su~plemental Mit~ation Measure SM-WAT'ER-1 (water qualitv): Project Developer(s) shall prepare a Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices (BMPs) for construction and post- construction conditions. The SWPPP shall be prepared to Regional Water Quality Control Board standards and Alameda County Clean Water Program requirements. The SWPPP shall be prepared prior to issuance of a demolition permit by the City of Dublin to avoid spill over of material into Tassajara Creek and other bodies of water during demolition. The BMPs may include, but not limited to, incorporation of grassy swales into landscaped areas, use of filtration devices and similar features. Alteration of drainage patterns and drainage system capacity. Approval and construction of the proposed Project would increase the amount of impervious surfaces on the Site. A large portion of the Site is presently vacant, absorbs rainfall and generates minimal stormwater runoff. These areas are located in the western portion of the Site. The proposed Project includes construction on almost all portions of the Site, with the exceptions of building setbacks, open spaces and landscaped areas. Existing undeveloped portions of the Site would predominantly be used for residential or vehicle parking and circulation areas. Neilsen ProjecUDraft Supplemental EIR Page 61 City of Dublin January 2009 PA #07-057 aa ~ ~5g ~ The anticipated increase in the amount of impervious surfaces would increase the quantity and rate of stormwater leaving the Site and could increase the overall general drainage pattern of the Site and the surrounding larger area. The amount of such increase, rate of flow and the direction of flow could exceed the capacity of the existing system to accommodate such increases and/or could direct stormwater in a different direction. The existing storm drainage system could be inadequate to accommodate increased rates and/or flows from the Site and localized flooding could occur. Supplemental Impact SM-WATER-2 (increased stormwater runoffl: Development of the Project would introduce new impervious surfaces (primarily buildings, driveways, roads and hardscape elements) onto the now vacant portions of the Site, increasing the amount , direction and rate of stormwater runoff. Stormwater increases could exceed the capacity of local and regional drainage systems to accommodate such increases (significant impact and mitigation required). The following measure shall be implemented to reduce this impact to a less-than- significant level by ensuring that adequate capacity exists in downstream drainage facilities to accommodate any significant increases in the amount, direction and rate of stormwater from the Project Site. Supplemental Miti~ation Measure SM-WATER-2 (increased stormwater runoffl: Project Developer(s) shall prepare a drainage and hydrology plan using Regional Water Quality Control Board, Zone 7 and City drainage criteria which shall indicate that adequate on and off-site capacity exists in local and regional drainage facilities to accommodate the direction, rate and amount of increased stormwater runoff. If necessary, developer(s) shall upgrade undersized drainage facilities to ensure that: a) no on-Site flooding would occur and b) downstream drainage facilities are not overburdened by Project drainage. The drainage and hydrology plan shall be approved by the Dublin Public Works Department and all recommendations for drainage improvements shall be incorporated into Project improvement plans. 4.5 Soils and Geology INTRODUCTION This supplement to the Eastern Dublin EIR examines whether any new or more ~ significant impacts would occur with regard to ground rupture, ground failure, landslides, expansive soils, settlement, lateral spreading, or ground collapse as a result of the proposed Project. '~` This section of the DSEIR is based on a site-specific preliminary geotechnical investigation completed by Berlogar Geotechnical Consultants dated July 24, 2007, as '""" updated based on an independent peer review conducted by CEG Engineers. The original report, peer review letter and all other supplemental geotechnical information is Neilsen ProjecUDraft Supplemental EIR Page 62 City of Dublin January 2009 PA #07-057 ~ ~ a a-~ . -75 ~ ~ hereby incorporated by reference into this DSEIR. All of the geotechnical information is available for review at the Dublin Community Development Department during normal business hours. ENVIRONMENTAL SETTING Overview. The Site exhibits predominantly moderate to steep topography with the northeast corner of the Site rising to a height of approximately 570 feet above mean sea level. A flat area exists in the northwest corner. A flat pad has been graded at an elevation of approximately 444 feet above sea level in the north central portion section of the Site for a horse arena. The main dwelling is located in the south central portion of the Site and is located on a flat graded pad with an estimated elevation of 558 feet above sea level. An agricultural mobile home and horse arena are located in the northerly portion of the Site. Regional geology. The Site is situated within the Coast Ranges geomorphic province of California, which is characterized by northwest trending, folded and faulted mountain chains. On this part of the province, sedimentary rocks of the Tassajara Formation, that were deposited during the Pliocene and Pleistocene Epochs of geologic time (approximately 11,000 to 5.3 million years before present), underlie the area. The region has been folded and faulted as a result of the Pacific Plate moving northwestward relative to the North American Plate. The majority of folding and faulting of the region is believed to have occurred over the past few million years. Subsurface geologic features. Artificial fill is located in the following portions of the Project Site: • Northwest corner in the flat-lying area, up to about 3 feet thick, consisting of soil materials overlain by a thin veneer of gravel. • Along the northern end of the property, possibly up to 10 to 15 feet thick, along the centerline of the old drainage swale. • In the southeast corner of the Site up to 10 feet thick, around the existing ridgetop residence and the existing cell tower site. • Other minor locations throughout the Site. Other portions of the Site are underlain by colluvium. This is material that accumulates in convergent portions of slopes and the along the toes of slopes by means of sheet wash and/or slow downslope soil creep. A review of predevelopment topographic maps indicates that a swale crosses through the Site that was underlain by colluvium. The swale extended up from Silvera Ranch Drive at the entrance to the Site. The Tassajara formation consists of thinly bedded deposits of sandstone, siltstone and claystone with minor amounts of gravel. In general two main types of bedrock were encountered in the test pits, sandstone and claystone. At the Site, the sandstones were found to be fine-grained, highly fractured, and friable to weak. Claystone was highly fractured, friable and shows signs of shrink-swell structures in some areas. The Claystone is likely expansive. Neilsen Project/Draft Supplemental EIR Page 63 City of Dublin January 2009 PA #07-057 ~~~ ~~~ Seismic conditions. The Site is not located within a State of California designated Earthquake Fault zone for active faults. The State of California considers a fault active if it has demonstrated Holocene activity, within the past 11,000 years. Active faults in the region include but are not limited to the Mount Diablo thrust located about 2 miles to the northeast, the Greenville fault located about 8 miles to the northeast, the Calaveras fault located about 4 miles to the west, and the Hayward fault located about 12 miles to the west. Landslides. Regional landslide mapping by the U.S. Geological Survey (Nilsen, 1973; Majmundar, 1991) shows a landslide deposit on the slightly convergent portion of the west-facing slope along Tassajara Road. Based on the test pit exposures conducted by Berlogar, no evidence of a landslide deposit was found, but rather found typical gradational soil and bedrock contact. Additionally, the bedrock materials within the convergent area consisted of clayey siltstone and silty claystone that are easily erodable relative to the stronger sandstone beds encountered along the ridgeline to the south. However, a lump was observed in the topography near the toe of the slope that has the general shape of a landslide deposit. Numerous underground utilities were reported to cross through this area that precluded safe excavation of test pits to explore the features nature. Therefore, on a conservative basis this area is shown as a queried landslide deposit by the symbol "Qls" on Plate 2 of the full geotechnical investigation. Based on observations at the Site by the registered geotechnical professional and experience in the area, if present, it is estimated that the landslide deposit is on the order of less than about 10 to15 feet thick. Similar to the colluvium, the clayey soils of the landslide debris are likely expansive. Regulatory framework. The Environmental Resources Management Element of the Dublin General Plan contains the following guiding and implementing policies relating to seismic safety: Guiding Polic,y A: Geologic hazards should be mitigated or development shall be ~ located away from geologic hazards in order to preserve life, protect property and reasonably limit the financial risks to the City of Dublin and other public agencies .~ that would result from damage to poorly located public facilities. Im~lementin Polic,~: All structures shall be designed to the standards delineated ,~ in the Uniform Building Code and Dublin grading ordinance. A"design earthquake" shall be established by an engineering geologist for each structure for which ground ~ shaking is a significant design factor. „~ Im~lementing Policy C: Generally, facilities should not be built astride potential rupture zones, although certain low-risk facilities may be considered. „~„ The Eastern Dublin Specific Plan includes the following goals and policies regulating geology, soils, erosion and grading. Goal: To create a~land use pattern that ensures public health, safety and welfare. Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 ~ Page 64 January 2009 W ~ ~~~~~~ Polic,~6-40: No structure shall be located on slopes between 20 to 30%, where this location is downslope of colluvium or dormant landslides on sloes over 30% unless detailed feasibility and design-level geotechnical investigations indicate that development can be safely undertaken and/or mitigation measures can be implemented which will reduce impacts to a level of insignificance. Policy 6-41: No structures shall be located in slopes of 10-30% where underlain by highly expansive soils, areas of unconsolidated fill, or within 100 feet of incised stream channels, unless detailed feasibility and design-level geotechnical investigations are undertaken and required engineered mitigations performed. Policy 6-42: Development is generally not permitted in areas with slopes of 30 percent or greater. Limited grading and repair of landslides will be permitted in areas of slopes of 30 percent or more under certain circumstances. Polic,~ New development shall be designed to provide effective control of soil erosion as a result of construction activities and the alteration of site drainage characteristics. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUSLIN EIR The Eastern Dublin EIR identified potentially significant impacts associated with seismic ground rupture, ground failure, landslides, lateral spreading and ground collapse hazards. These include: • Impact 3.6/A, impacts related to ground fault rupture, which was determined to be insignificant due to lack of active faults in the Eastern Dublin area. Impact 3.6/B, primary effects from earthquake ground shaking. This impact was found to be significant and unavoidable since primary effects of groundshaking is common through the region. Adherence to Mitigation Measure 3.6/ 1.0 would reduce this impact by requiring project developers to construct improvements in conformity with the Uniform Building Code and other applicable City and County code requirements but not to a less-than- significant level. • Impact 3.6/C, secondary effects from earthquake ground shaking. This impact is reduced to a less-than-significant level by requiring project developers to remove unsuitable earthern material in hillside areas, use of engineered retention structures, and use of keyways to stabilize slopes as outlined in Mitigation Measures 3.6/2.0 through 8.0. ` • Impact 3.6/D, substantial alteration to project site landforms. This impact is reduced to a less-than-significant level by requiring individual project developers prepare grading plans that are adapted to natural topographic features and developing custom building lots. Use of retaining walls would Neilsen ProjecUDraft Supplemental EIR Page 65 City of Dublin January 2009 PA #07-057 ~~~~ ~~ ~, ~~ also minimize the need for excessive grading. Clustering of structures is also recommended as a method of reducing excessive hillside grading. These methods are included in Mitigation Measures 3.6/9.0 and 10.0. Impact 3.6 / H, impacts related to shrinking and swelling of expansive soils and bedrock. This is mitigated by adherence to Mitigation Measures 3.6/ 14.0 through 16.0 that require individual project developers to include site-specific design criteria to overcome shrink-swell hazards, reducing and controlling moisture content in soils surrounding development areas and use of appropriate foundation designs. Impact 3.6/I, impacts related to natural slope stability and landslide potential. This impact is reduced by adherence to Mitigation Measures 3.6/ 17.0 through 19.0, by relying on site-specific geotechnical investigations, limiting construction of improvements on potentially unstable downslopes or on slopes of greater than 30 percent and, if required by the geotechnical investigation, removal and reconstruction of historic landslide areas consistent with the geotechnical report and installation of surface and subsurface drainage improvements to minimize landslide hazard. Impact 3.6/J, impacts related to cut and fill slope stability and landslide potential. This impact is reduced by adherence to Mitigation Measures 3.6/20.0 through 26.0. These measures rely on reducing the amount of individual site grading, conforming to the Uniform Building Code and other applicable design standards, limitations on side slopes, meeting minimum slope compaction standards and periodic inspection and maintenance of slopes. The proposed Project is required to adhere to these adopted mitigation measures. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES The Project proposes to increase the development intensity on the Site over and above what is currently allowed under the Dublin General Plan and Eastern Dublin Specific Plan. If approved, there would be a greater resident population and visitors on the Project Site than assumed in the Eastern Dublin EIR that could be exposed to seismic hazards. Since the Project Site generally has moderate to steep topography, as well as evidence of a previous landslide, there could be impacts with regard to future landslides and slope failures that could damage on-site improvements and off-site properties. Significance criteria. Implementation of the Project would be considered to have a significant geologic impact if it were to: • Expose people or structures to potential substantial adverse seismic-related impacts, including loss, injury or death related to ground rupture, seismic ground shaking, ground failure, and/or landslides; or ~. Neilsen ProjecUDraft Supplemental EIR Page 66 City of Dublin January 2009 PA #07-057 ~ ~3a~ 7 ~~ • Expose people or structures to soil conditions that are unstable or expansive or result in potential lateral spreading, liquefaction, landslide or collapse. Supplemental impacts. Based on the site-specific geotechnical investigation and supplemental material related to on-site soil and geotechnical conditions, no significant supplemental impacts related to soils or geologic conditions are anticipated, as discussed below. In terms of potential impacts related to seismic hazards, the Project Applicant has completed a site-specific geotechnical analysis that has been reviewed for adequacy by an independent engineering firm selected by the City of Dublin. The report concludes that the Site is not within an Alquist-Priolo Earthquake hazard area so the risk of damage from ground rupture is low. As required by Eastern Dublin EIR Mitigation Measures 3.6/ 14.0, 15.0, 17.0 and 22.0, the site-specific geotechnical investigation includes specific recommendations to be included into the engineering design of the Project to reduce potential impacts from ground shaking to a less-than-significant level, as required by Eastern Dublin EIR Mitigation Measures. The City of Dublin Building Division and Public Works Department will require these measures to be incorporated into final building and engineering improvement plans as a normal and customary part of the development review process. These measures include meeting seismic standards contained in the California Building Code. The Project geotechnical investigation also includes specific recommendations regarding construction techniques to reduce hazards due to ground failure and landslide hazard to a less-than-significant level, as required by Eastern Dublin EIR Mitigation Measures. The City of Dublin Building Division and Public Works Department will require these measures to be incorporated into final building and engineering improvement plans as a normal and customary part of the development review process. These measures include recommendations as to construction methods for building foundations, installation of subdrains and similar techniques. The Project geotechnical investigation also includes specific measures to reduce impacts to lateral spreading and liquefaction to a less-than-significant level, as required by Eastern Dublin Mitigation Measures. The City of Dublin Building Division and Public Works Department will require these measures to be incorporated into final building and engineering improvement plans as a normal and customary part f the development review process. Specific measures include appropriate placement and compaction of fill under the supervision of a geotechnical engineer. 4.6 Biological Resources The following section is based on a biological reconnaissance survey prepared by LSA Associates in April 2008, and as updated based on an independent peer review Neilsen Project/Draft Supplemental EIR Page 67 City of Dublin January 2009 PA #07-057 a3~ ~ ~ ~ ~ conducted by WRA, Inc. The original report, peer review letter and all other supplemental biological information is hereby incorporated by reference into this DSEIR and is available for review at the Dublin Community Development Department during normal business hours. The LSA report is included as Appendix 8.6 of this DSEIR. ENVIRONMENTAL SETTING Overview. The Project Site is located at the base of and on a portion of a west facing hill. Existing conditions on the Site include developed and undeveloped portions of the Site. Developed areas have been graded (with attendant cuts and fills), creating four pads and a road connecting the pads. An existing private road generally extends along the north property boundary. Barbed wire fencing separates developed areas from the adjacent grassland area. Developed areas are found on a little less than half of the total property. The remainder of the property (a little more than half) is largely undeveloped and supports a vegetative cover of non-native annual grassland. The grassland is found almost entirely on the sloping portions of the property. Dominant grass species are Italian ryegrass (Lolium multiflorum), soft chess (Bromus hordeaceus) and wild oat (Avena fatua) all of which are introduced. Common introduced broadleaf plants include fennel (Foeniculum vulgare), mustard (Hirscllfeldia incana) and yellow-star thistle (Centaurea solstitialis). Native plants make up only 20 percent of the total number of species found on this Site (8 of 39). The majority of the grassland areas have been grazed in the last year. Two cell towers have been constructed on the Site, one on a slope below the primary residence and one above the residence that is camouflaged as artificial trees and shrubs. This same slope contains a number of planted Monterey pine (Pinus radiata) seedlings, over half of which are dead or dying. Wildlife directly or indirectly observed on the Site by the wildlife biologists included western fence lizard, American kestrel, mourning dove, scrub jay, western meadowlark, striped skunk, California ground squirrel and Botta pocket gopher. Turkey vultures and red-tailed hawk were observed soaring above the Site. ~. Research methods. Prior to conducting fieldwork the most recent update (CDFG 2007) ~. of the California Natural Diversity Database (CNDDB) was searched for records of special status species in the vicinity of the Project Site. The Inventory of Rare and Endangered Plants of California (CNPS, 2007 online update) was searched for ,~.x, information on special status plants occurring in the site vicinity. Previous biological studies conducted by LSA and other firms in the general area were reviewed for information on special status species and habitats occurring in this area. For the ~~w purposes of this report, special status species are defined as follows: • Species that are listed, formally proposed, or designated as candidates for listing as threatened or endangered under the federal ESA; Neilsen Project/Draft Supplemental EIR Page 68 City of Dublin January 2009 PA #07-057 ~ ~ ~.~~,~ -~r.~~ • 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 1B (rare, threatened, or endangered in California and elsewhere) and List 2(rare, threatened, or endangered in California but more common elsewhere) in CNPS' Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001, 2007); • Animal species designated as Species of Special Concern or Fully Protected by the CDFG; • Species that meet the definition of rare, threatened, or endangered under Section 15380 of the California Environmental Quality Act (CEQA) guidelines; • Species considered to be a taxon of special concern by local agencies. Field surveys were conducted by LSA wildlife biologists on October 23, 2007 to assess current habitat conditions and evaluate the Site's potential to support special status plant and/or animal species. All plants and animals observed were recorded in field notes. Vegetative communities in this report are defined, when feasible, according to A Mar2ual of California Vegetation (Sawyer and Keeler-Wolf 1995). Scientific names of plants follow The jepson Manual: Higher Plants of California (Hickman 1993). Special-status species. Table A includes in the LSA report (see Appendix 8.6) presents a list of special status plant species known to occur in the general vicinity of the property and which could occur in the non-native annual grassland. The table also presents the status, habitat and blooming period of each species. The table does not include special status plant species found in the region that occur in habitat types not found on the Site, such as serpentine areas, alkali soils and wetlands. Of specific concern was the potential presence of Congdori s tarplant, a species which in past years has been reported from the field on the west side of Tassajara Road, across the road from the Project Site. Congdori s tarplant was not observed on the Site. Table B of the LSA report presents a list of special status wildlife species known to occur in the general vicinity of the Project Site and which are known to use non-native grassland. The table presents information on their status, habitat and an assessment of their likelihood to be present on this Site. Three special status bird species (CDFG species of special concern) could potentially occur on this property, including burrowing owls or the nests of white-tailed kite, burrowing owls and / or loggerhead shrike. Tree resources. Based on an arborist report completed on the Project Site by Hortscience, which is incorporated by reference into this document and included as Appendix 8.6 of this DSEIR, one tree is present on the Site that qualifies as a Heritage Tree under the City's Heritage Tree Ordinance. This tree is a cork oak (quercus suber), a non-native oak tree, with a diameter of 31-inches, located in the southerly portion of the Site, adjacent to the existing residence. ~ Neilsen ProjecUDraft Supplemental EIR Page 69 City of Dublin January 2009 PA #07-057 a~s ~ -~5 ~ ~. Regulatory framework. U.S. Fish and Wildlife Service Federal Endangered Species Act -The U.S. Fish and Wildlife Service (USFWS) has jurisdiction over species that are formally listed as threatened or endangered under the Federal Endangered Species Act. The Endangered Species Act protects listed wildlife species from harm or "take." The term "take" is broadly defined as to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." An activity can be a"take" even if it is unintentional or accidental. Section 9 of the Endangered Species Act and its applicable regulations restrict certain activities with respect to endangered and threatened plants, fish and wildlife species. The provisions prohibit the removal of, malicious damage to, or destruction of any listed plant species "from areas under federal jurisdiction." Listed plants may not be cut, dug up, damaged or destroyed, or removed from any other area (including private lands) in knowing violation of a state law or regulation. An endangered plant or wildlife species is one that is considered in danger of becoming extinct throughout all, or a significant portion of its range. A threatened species is one that is likely to become endangered within the foreseeable future. The Fish and Wildlife Service also maintains a list of species proposed for listing. Proposed species are those species for which a proposed rule to list as endangered or threatened has been published in the Federal Register. In addition to endangered, threatened, and proposed species, the Service maintains a list of candidate species. Candidate (formerly category 1 candidate) species are those species for which the Service has on file sufficient information to support issuance of a proposed listing rule. Any activities that could result in take of a federally listed species will require a Section 10 take permit from the U.S. Fish and Wildlife Service before allowing take activities to commence. Should another federal agency, such as the U.S. Army Corps of Engineers (Corps) under the Clean Water Act, acting as the lead agency be involved with permitting the project, Section 7 of the Endangered Species Act requires the federal lead agency to consult with the Service before permitting any activities that may take listed species. Migratory Bird Treaty Act - The Migratory Bird Treaty Act provides for protection for migratory bird species, birds in danger of extinction, and their active nests (including their eggs and young). Habitat features (e.g,, trees, shrubs, burrows, and man-made structures (power poles) along migratory routes provide suitable nesting Sites for migratory birds. Contractors are required to obtain a depredation permit from U.S. Fish and Wildlife Service to disturb nesting migratory birds. Neilsen Project/Draft Supplemental EIR Page 70 City of Dublin January 2009 PA #07-057 ~: ~ ~~ a3~ ~g -~~_~~ ~. California De~artment of Fish and Game California Endangered Species Act - The California Department of Fish and Game has jurisdiction over threatened or endangered species that are formally listed by the State under the California Endangered Species Act. The California Endangered Species Act is similar to the federal Endangered Species Act both in process and substance; it is intended to provide additional protection to threatened and endangered species in California. The California Endangered Species Act does not supersede the federal act, but operates in conjunction with it. Species may be listed as threatened or endangered under both acts (in which case the provisions of both state and federal laws would apply) or under only one act. Under Fish and Game Code 2050 -2068, the California Endangered Species Act policy is to conserve, protect, restore, and enhance any threatened or endangered species and its habitat (including acquiring lands for habitat). Compliance with the California Endangered Species Act is required because the Project area is within habitats historically or currently occupied by state-listed species. If Project field assessments indicate that there is a likelihood of "take" of these species, consultation with the California Departrnent of Fish and Game is required to be in compliance with Fish and Game Code 2050 and 2091. The California endangered species laws prohibit the take of any plant listed as threatened, endangered, or rare. In California an activity on private lands (such as development) will violate Section 9 of the federal Endangered Species Act if a plant species, listed under both state and federal endangered species laws, is intentionally removed, damaged, or destroyed. The Department of Fish and Game maintains lists of species of special concern. These „ species are broadly defined as plants and wildlife that are of concern to the Department because of population declines and restricted distributions, and / or they are associated with habitats that are declining in California. These species are " 3 inventoried in the California Natural Diversity Data Base. California Native Plant Societv. The California Native Plant Society has developed ~' lists of plants of special concern in California (Skinner and Pavlik 1994). A List IA plant is a species, subspecies, or variety that is considered to be extinct. A List 1B plant is considered rare, threatened, or endangered in California and elsewhere. A "~ List 2 plant is considered rare, threatened, or endangered in California but is more common elsewhere. ~ All of the plant species on List 1 and List 2 meet the requirements of Section 1901, Chapter 10 (Native Plant Protection Act) or Sections 2062 and 2067 (California Endangered Species Act) of the California Departrnent of Fish and Game Code, and `~ are eligible for state listing. Therefore, List 1 and 2 species should be considered under CEQA. Some List 3 plant species also meet the requirements of these portions of the Fish and Game Code and are eligible for state listing. Very few List 4 plants Neilsen Project/Draft Supplemental EIR Page 71 City of Dublin January 2009 PA #07-057 a3 ~ ~ ~ .~~~ ,~ are eligible for listing but may be locally important and their listing status could be elevated if conditions change. Eastern Dublin S~ecific Plan. This document contains a goal and several applicable policies regarding biological resources as follows: Goal: To protect and enhance existing biological resources in eastern Dublin. Policy 6-16: To ensure long-term protection, high-value habitat areas either should be dedicated as public open space or restricted from potentially harmful development activities with deed restrictions and design standards. Police~: Impacts to sensitive wildlife species that occur in the planning area will be avoided whenever possible. Mitigation programs will be required as necessary to reduce or eliminate impacts on special-status species. Policy 6-18: Development in the planning area will be designed to maintain contiguous areas of natural open space interconnected by functional wildlife corridors that permit the free movement of wildlife throughout the open space areas. Police~: Direct disturbance or removal of trees or native vegetation cover should be minimized and should be restricted to those areas actually designated for the construction of improvements. Polic~ 6-22: All areas of disturbance should be revegetated as quickly as possible to prevent erosion. Native trees (preferably those already on the site), shrubs, herbs and grasses should be used for revegetaton of areas to remain as natural open spaces. Introduction of non-native plant species should be avoided. Policy 6-23: Vegetation enhancement/management should be prepared for all open space areas (public or private) with the intent to enhance the biologic potential of the area as wildlife habitat. The focus of such plans will be to reintroduce native species in order to increase the vegetative cover and plant diversity. City of Dublin Munici~al Code. The Dublin Municipal Code establishes a 20-foot wide setback from the top of bank of major open stream courses within the community (Ordinance No. 52-87). Chapter 5.60 of the Municipal Code also establishes regulations controlling the removal of and the preservation of Heritage Trees in the City, including oak, bay, cypress, maple, redwood, buckeye and sycamore trees having a diameter of 24- inches or more at breast height. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR included a comprehensive assessment of habitat and wildlife resources in the EIR planning area. The EIR identified potential impacts related to the general effects of potential development in Eastern Dublin, including direct habitat loss, indirect habitat loss due to vegetation removal for construction and development Neilsen ProjecUDraft Supplemental EIR Page 72 City of Dublin January 2009 PA #07-057 ~ ~ ~ ~,~,'~ b/~ i ,!~ ~"T ~.,.J activities, and loss or degradation of sensitive habitat (Impacts 3.7/A, B, and C). The Eastern Dublin EIR also identified potential impacts related to wildlife species such as the San Joaquin Kit Fox, California Red-Legged Frog, California Tiger Salamander, and others (Impacts 3.7/D - S). Raptor electrocutions associated with proposed high-voltage power lines were addressed in depth in the 1993 Eastern Dublin EIR and included a number of mitigation measures (MM 3.7/26.Oa-d). Mitigation measures were adopted to, among other things, prepare resource management plans, avoid development in sensitive areas, and revegetate disturbed areas (generally MM 3.7/ 1.0 - 28.0). All mitigation measures adopted upon approval of the Eastern Dublin EIR continue to apply to the proposed Project. Even with mitigation, the City concluded that the cumulative loss or degradation of botanically sensitive habitat was significant and unavoidable. Upon approval of the Eastern Dublin GPA/SP, the City adopted a Statement of Overriding Considerations for this significant unavoidable impact (Resolution No. 53-93). The Eastern Dublin EIR identified one significant cumulative biological impact. Impact 3.7/C identified the continued loss and deterioration of botanically sensitive habitat, particularly riparian habitat. An updated Kit Fox Protection Plan has been adopted by the City subsequent to the certification of the Eastern Dublin EIR. The proposed Project will be required to adhere to this Plan. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES Potentially significant impacts with regard to special-status plant and special-status bird species are anticipated. A supplemental impact with regard to loss of a heritage tree is also anticipated. Standards of Significance. Project impacts on biological resources would be considered significant if they resulted in any of the following: • A substantial effect, either directly or through habitat modifications, on `~ any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Departrnent of Fish and Game or the U.S. Fish and Wildlife Service. "~' • A conflict with any local policies or ordinances protecting biological resources. ~ Supplemental Impacts and Mitigation Measures. The following supplemental biological resources impacts and mitigation measures concern impacts that are different from those identified in the Eastern Dublin EIR and / or require supplemental analysis due to `~~ changes in regulatory conditions since 1993. Special-status plant species. The Project Site includes potential habitat for four special M status plant species: big scale balsamroot (Balsamorhiza macrolepis var. macrolepis), big Neilsen Project/Draft Supplemental EIR Page 73 City of Dublin January 2009 PA #07-057 a3 y ~ t~~ ~ ~ tarplant (Blepharizonia plumosa ssp. plumosa), Congdon's tarplant (Centromadia parryi ssp. congdonii), and showy madia (Madia radiata). These species were not specifically listed in the Eastern Dublin EIR. If found, development of the Project could remove any of these plants present on the Site, which would be a significant supplemental impact. Sup~lemental Impact SM-BIO-1 (impacts to special-status~lant species): Development of the proposed Project has the potential to impact four special-status plant species: big scale balsamroot, big tarplant, Congdon's tarplant, and showy madia (potentially significant and mitigation requirec~. The following measure shall be followed to ensure this impact is reduced to a less-than- significant level by requiring pre-construction surveys for special-status plants and, if found, either avoiding the locations of such species, transplanting these species to a suitable off-site location pursuant to necessary permits and approvals from the California Department of Fish and Game and / or other regulatory agencies, or other acceptable method(s) approved by the City of Dublin, California Department of Fish and Game and / or other regulatory agencies. Supplemental Miti~ation Measure SM-BIO-1 (im~acts to special-status plant ~~„ s ecies : Pre-construction surveys shall be completed for the four special-status plant species: big scale balsamroot, big tarplant, Congdon's tarplant, and showy madia ~ consistent with CDFG protocols. If such species are found, the Project development ~¢ plan shall be modified to avoid the locations of such plant(s). If avoidance is not feasible, plants shall be transplanted (or seed collected and relocated) to a suitable ~ on- or off-site location pursuant to necessary permits from the California Department of Fish and Game and/or other regulatory agencies or other acceptable method(s) ~ approved by the City of Dublin, California Department of Fish and Game and/or ~ other regulatory agencies. Special-status bird species. The Project Site includes, suitable nesting habitat for Western Burrowing Owl (Athene cunicularia hypugea), White-tailed Kite (Elanus leucurus) and Loggerhead Shrike (Lanius ludovicianus) within the Project area. Impacts on these species were not specifically identified in the 1993 Eastern Dublin EIR. Approval and development of the Project could have a significant supplemental impact with regard to these special-status bird species. Su~lemental Impact SM-BIO-2 (irnpacts to special-status bird species): Development of the proposed Project has the potential to impact three special-status bird species: Western Burrowing Owl, Loggerhead Shrike, and White-tailed Kite (potentially significant and mitigation requirec~. The following measure shall be followed to ensure this impact is reduced to a less-than- significant level by requiring pre-construction breeding surveys for special-status birds and, if found, establishing setbacks from such nests until young have left each nest. If owls are found outside of the nesting season, they shall be relocated outside of any development area. ~ Neilsen ProjecUDraft Supplemental EIR Page 74 City of Dublin January 2009 - PA #07-057 a ~a ~~ -,..~ ~~ ~~ Su~plemental Mitigation Measure SM-BIO-2 (impacts to special-status bird species): Pre-construction surveys shall be completed to prevent impacts to nesting Burrowing Owl, White-tailed Kite, and/or Loggerhead Shrike. If active nests or occupied burrows are found, setbacks from a burrow/nest site shall be established by a qualified biologist and maintained until the young have fledged. If burrowing owls are detected outside of the nesting season they shall be passively relocated outside of any development area subject to the authorization of the Department of Fish and Game. Heritage Tree impact. One Heritage Tree located on the south side of the Project Site is proposed to be removed in order to accommodate the Project. The City's Heritage Tree Ordinance (Section 5.60 of the Dublin Municipal Code) finds that preservation of Heritage Trees is beneficial to the welfare of the City of Dublin by enhancing the scenic beauty of the community, increasing property values, and counteracting air pollution. The loss of this tree would result in a potentially significant impact by removing an important scenic resource on the Project Site. Su~plemental Impact SM-BIO-3 (impacts on Herita eg Tree): Implementation of the proposed Project would result in the loss of one Heritage Tree on the Site. Loss of this tree would remove a significant scenic resource on the Site (significant impact and mitigation requirec~. The following measure is recommended to reduce this impact to a less-than- significant level by requiring replanting of large replacement trees on the Site. Supplemental Miti~ation Measure SM-BIO-3 (impacts on Heritage Tree): The final landscape plan shall show that the existing Heritage Tree which is proposed to be removed as a part of the residential development shall be replaced with three 36-inch box size oak trees on the Site. 4.7 Visual Resources INTRODUCTION The Eastern Dublin EIR notes that the Eastern Dublin area is visually dominated by expanses of grasslands and rolling hills. Generally, the southerly portion of the EDSP area is flat, open and covered with grasslands and agricultural field crops. In the northerly portions, steeper foothills frame canyons frame canyons settled with farms and ranchettes. In 1993, the EDGPA/EDSP planning area was undeveloped at urban levels and conveyed a distinct rural atmosphere characteristic of the inland coastal valleys of Northern California. The Eastern Dublin EIR contains photographs of existing visual conditions of the Eastern Dublin planning area as of 1993. Neilsen Project/Draft Supplemental EIR Page 75 City of Dublin January 2009 PA #07-057 ay~/ ~ ~.~ ~ Exhibits 4.7-1 and 4.7-1b show current Site conditions without the proposed Project. A portion of the Neilsen Site located in the southeastern portion of the Site is identified as "Visually Sensitive Ridgelands-Restricted Development." The Eastern Dublin Specific Plan (page 109) notes that these lower spur ridges may be developed, consistent with Specific Plan land use designations, as long as they meet certain requirements, including that development will not obscure or appear to extend above the major ridgeline to the north; that development is not silhouetted against the horizon when viewed from City or County designated scenic routes and that grading for such development does not visually scar sensitive ridgelands or hillsides. Limited sources of lighting exist on the Site, since two dwellings are present. However, existing dwellings are one-story in height and do not emit significant light and glare. Regulatory framework. Protection of visual resources in the Eastern Dublin panning area is provided by the following: Dublin General Plan. Applicable policies to protect visual resources adopted as part of the Dublin General Plan are as follows. Land Use Element (Eastern Extended Planning Area) Policy 2.1.4. C. 2. Proposed site grading and means of access will not disfigure the ridgelands. Circulation and Scenic Highways Element. Policy 5.6.A. Incorporate County- designated scenic routes and the proposed Fallon Road extension, in the General Plan as adopted City-designated scenic routes and work to enhance a positive image of Dublin as seen by through travelers. Circulation and Scenic Highways Element. Policy 5.6.B. Exercise design review of all projects visible from a designated scenic route. Eastern Dublin S~ecific Plan. Section 6.3.4 of the Eastern Dublin Specific Plan contains the following goals, policies and action programs regarding visual resources. Visual Resource Goal: To establish a visually distinctive community which preserves the character of the natural landscape by protecting key visual elements and maintaining views from major travel corridors. Policy 6-28: Preserve the natural open beauty of the hills and other visual resources, such as creeks and major stands of vegetation. Policy 6-29: Development is not permitted on the main ridgeline that borders the planning area to the north and east, but may be permitted on the foreground hills and ridgelands. Minor interruptions of views of the main ridgeline by individual building may be permissible in limited circumstances where other remedies have been exhausted. Neilsen ProjecUDraft Supplemental EIR Page 76 City of Dublin January 2009 PA #07-057 ~ ~ a ~y~ ~~ ~r ~~ Policy 6-30: Structures built near designated scenic corridors shall be located so that views of back-drop ridge (identified in Figure 6-3 of the EDSP as "visually sensitive ridgelands-no development) are generally maintained when viewed from the scenic corridors. Policy 6-31: High quality design and visual character will be required for all development visible from designated scenic corridors. Policy 6-32: 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. Policy 6-33: Site grading and access roads shall maintain the natural appearance of upper ridgelands or foreground hills within the viewshed of travelers along I-580, Tassajara Road and the future extension of Fallon Road. Streets should be aligned to follow the natural contours of the hillsides. Straight, linear rows of streets across the face of hillsides shall be avoided. Policy 6-34: Alterations of existing natural contours shall be minimized, grading shall maintain the natural topographic contours as much as possible. grading beyond actual development areas shall be for remedial purposes only. Policy 6-35: Extensive areas of flat grading are not appropriate in hillside areas and should be avoided, Building pads should be graded individually or stepped, whenever possible. Policy 6-36: Building design shall conform to the natural land form as much as possible. Techniques such as multi-level foundations,to avoid a monotonous or linear appearance should be used. In areas of steep topography, structures should be sited near the stre~t to minimize required grading. Policy 6-37: Graded slopes shall be recontoured to resemble existing landforms in the immediate area. Cut and graded slopes shall be revegetated with native vegetation suitable to hillside environments. Policy 6-38: The height of cut and fill slopes shall be maintained to the greatest degree possible. Grades for cut and fill slopes should be 3:1 or less whenever feasible Action Program 6Q: The City should officially adopt Tassajara Road, I-580 and Fallon Road as designated scenic corridors, adopt a set of scenic corridor policies and establish review procedures and standards for projects within the scenic corridor viewshed. Action Program 6R: The City should require projects with potential impacts on scenic corridors to submit detailed visual analysis with development project applications. Applicants will be required to submit graphic simulations and/or sections drawn from affected travel corridor through the parcel in question, Neilsen Project/Draft Supplemental EIR Page 77 City of Dublin January 2009 PA #07-057 a~~ ~~ -~~g ~ ~a representing typical views of the parcel from the scenic corridor. The graphic depiction of the location and massing of the structure and associated landscaping can then be used to adjust the project design to minimize the visual impact. Eastern Dublin Scenic Corridor Policies and Standards. In 1996, the City of Dublin adopted scenic policies and standards for the Eastern Dublin area, known as the Eastern Dublin Scenic Corridor Policies and Standards. The purpose of this document is to implement EDSP visual protection polices as related to individual development projects. The document contains the following overall implementing policies for Eastern Dublin scenic corridors. 1. Maintain a sense of place for Eastern Dublin with relation to natural landforms and topography. ~ 2. Allow the traveler along a Scenic Corridor to experience the varied features of , the landscape. 3. Assure that development along the Scenic Corridors is well planned and ~ sensitively sited to respect natural topography. 4. Achieve high quality design and visual character for all development visible for all development visible from designated Scenic Corridors, generally within 700 ~ feet of a Scenic Corridor. 5. Assure that landscaping adjacent to the Scenic Corridor harmonizes with the scenic environment. ~, The following Policy applies to the Tassajara Creek Valley area: Polic,~: Emphasize valley character by creating viewpoints and view corridors to knolls, foreground hills and to Tassajara Creek Standard 6.1: Allow intermittent views from Tassajara Road to the hills, knolls and creek. • Where clustering of buildings or varying roof heights and pitches allows for views over or through to the hills beyond, this is strongly encouraged. • Generally, site entry roads into developments so as to provide direct views into the hills, knolls and creek vegetation beyond. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR identifies a number of potentially significant impacts related to implementation of the EDSP with regard to visual resources. These include: Impact 3.8/A, Standardized "Tract" Development identifies the potential impact for development to inadequately respond to natural site conditions. Adherence to Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page 78 `~ January 2009 ~ a ~~ ~ -~5~- Mitigation Measure 3.8/1.0, which requires consistency with EDSP Goa16.3.4 to establish a visually distinctive community which preserves the character of the landscape reduces this impact to a level of insignificance. Impact 3.8/B, Alteration of Rural and Open Space Visual Character was identified as a significant and unavoidable impact even with adherence to Mitigation Measure 3.8/2, which would implement the EDSP plan with retention of predominant natural features and encourages a sense of place in Eastern Dublin. Impact 3.8/C, Obscuring Distinctive Natural Features identifies the potential of EDSP buildings and related improvements to obscure or alter existing features and reduce the visual uniqueness of the Eastern Dublin area. Implementation of Mitigation Measure 3.8/3.0, which would implement EDSP Policy 6-28 reduces this impact to a level of insignificance. Impact 3.8/D, Alteration of Visual Quality of Hillsides notes that grading and excavation of building sites in hillside areas would compromise the visual quality of the EDSP area. Mitigation Measures 3.8/4.0 through 3.8/4.5 are included in the Eastern Dublin EIR to reduce Impact 3.8/D to a level of insignificance. These mitigation measures require implementation of EDSP Policies 6-32 through 6-38. Impact 3.8/E, Alteration of Visual Quality of Ridges states that structures built in proximity to ridges may obscure or fragment the profile of visually sensitive ridgelines. Implementation of Mitigation Measures 3.8/5.0 through 3.8/5.2 would reduce this impact to a less-than-significant level. These measures require the implementation of EDSP Policies 6-29 and 6-30 and General Plan Amendment Guiding Policy E(this policy is now Policy C on page 22 of the General Plan). Impact 3.8/I, Scenic Vistas, which includes alteration of the character of existing scenic vistas and important sightlines. With implementation of Mitigation Measures 3.8 / 7.0 and 3.8 / 7.1, this impact would be reduced to a level of insignificance. Mitigation Measure 3.8/7.0 requires adherence to EDSP Policy 6-5 and Measure 3.8/7.1 requires the City to conduct a visual survey of the EDSP site and to identify and map viewsheds of scenic vistas. Impact 3.8/J, Scenic Routes, identifies that urban development of the EDSP will significantly alter the visual experience of travelers on scenic routes in Eastern Dublin. Implementation of Mitigation Measures 3.8/8.8 and 8.1 will reduce this impact to a level of insignificance. These two measures require implementation of EDSP Action Programs 6Q and 6R. The Eastern Dublin EIR also contains Figure 3.8-H, Visually Sensitive Ridgelands, depicting portions of the Eastern Dublin area that contains ridges and ridgelands that ~ are considered to be visually sensitive. The figure in the Eastern Dublin EIR is the same as Figure 6.3 (Environmental Constraints) in the Eastern Dublin Specific Plan. These two figures depict a hillside area and ridgeline located on the east side of Tassajara ~~ Road north of the "northern drainage° tributary to Tassajara Creek as a"visually ~ Neilsen Project/Draft Supplemental EIR Page 79 - City of Dublin January 2009 PA #07-057 ayS~~~~ ~ sensitive ridgelands-restricted development." This area is generally located on the southeastern portion of the Project Site, where the existing on-site dwelling and ancillary structures are located. These mitigation measures shall apply to the proposed Project. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES Significance Criteria. The following criteria have been used to identify significant visual impacts, if the following would occur to a substantially greater degree than was analyzed in the Eastern Dublin EIR: • If a project would have a substantial adverse impact on a scenic vista; ~ If a project would damage scenic resources, including, but not limited to trees, rock outcroppings and historic buildings within a scenic highway; or • If a project were to emit significant increases in light and glare from existing levels. Supplemental Impacts. The Project proposes land use changes that could result in potentially significant impacts to visual resources. Potential supplemental impacts are identified as follows. Irnpacts to scenic vistas and scenic resources. The proposed Project would include grading of the currently largely vacant Site and construction of up to 36 net new dwellings on the Site (on 341ots). The proposal includes extensive use of multi-level dwellings, stepped graded pads, retaining walls and other techniques to reduce grading consistent with EDSP policies and mitigation measures; however, construction of the proposed Project would include grading and/or construction of a major portion of the Site. One area on the Site located in the northeastern corner (Parcel C), which is the highest portion of the Project site, would remain undeveloped. The Project would generally result in a line of dwellings paralleling Tassajara Road with limited undeveloped areas located on the southwest corner of the Site, which would be reserved for an Emergency Vehicle Access. Exhibit 4.7-2a shows a simulation of the proposed Project as it would appear from Tassajara Road and Silvera Ranch Road. This exhibit shows a continuous frontage of multi-story dwellings with landscaping and a 5-foot tall retaining wall adjacent to the roadway. The exhibit also shows that one or more proposed structures would be "silhouetted" against the horizon within the Visually Sensitive Ridgelands at the upper elevation of the Site, similar to that which currently occurs with the existing residence. This simulation shows how the proposed development would attempt to maintain the existing shape of the knoll where the current home sits, with limited change in elevation of this knoll (approx. 8-ft of cut) and a portion of the hillside facing Tassajara Road would still be visible between houses. Exhibit 4.7-2b shows a simulation of the proposed Project as it would appear from Tassajara Road. This exhibit shows a continuous frontage of multi-story dwellings with Neilsen ProjecUDraft Supplemental EIR Page 80 City of Dublin January 2009 PA #07-057 ~-_ ~ ~ a~~ ~~ 7~g. landscaping and a 5-foot tall retaining wall adjacent to the roadway. The exhibit also shows that one or more proposed structures would be "silhouetted" against the horizon at the upper elevation of the Site, similar to the one existing residence on the Site. The simulations and the Stage 2 Development Plan indicate that a substantial amount of the Project Site would be developed with urban uses such as dwellings, roads or similar uses. The Project would include design techniques to reduce grading, such as those required by Mitigation Measures 3.8/4.2 and 4.3. Although a portion of the Project Site is identified as a Visually Sensitive Ridgeland- restricted development in the EDSP and Eastern Dublin EIR, limited development is allowed pursuant to these documents. However, the developed area would encompass virtually the entire Site, leaving only one undeveloped area as natural open space (shown as Parcel C on the plans). Since the proposed Project Site is located along a scenic corridor (Tassajara Road), Action Program 6R requires a detailed visual analysis, which has been done as part of this DSEIR. The depiction of the location and massing of structures and associated landscaping can then be used to adjust the Project design to minimize visual impacts. Based on the simulations in Exhibits 4.7-1 and 4.7-2, the proposed Project design presents some potentially adverse visual impacts. Under the proposed development plan, a substantial portion of the hillside visible from Tassajara Road would be developed for housing and minimal views would remain of the existing natural hillside condition and features. This would include creation of 101ots (Lots 23-33) within the visually sensitive ridgelands area. Additionally grading activities would occur in this area that would alter the existing appearance of the area designated as visually sensitive. ~ A number of proposed Project buildings would extend above a visually sensitive ridgetop as viewed from a scenic route, such as Tassajara Road and would "silhouette" against the sky. This condition is documented on Exhibit 4.7-2. The proposed Project, as configured, does not contain any view corridors to knolls and foreground hills. The proposed Project, as configured, would contain a limited view corridors to knolls and foreground hills. This would be at the Project entrance at the intersection of Silvera '`" Ranch Road and Tassajara Road. Supplemental Impact SM-VIS-1 (impacts to scenic resources and the visual character '~ of the Site): The proposed Project would have adverse impacts on scenic vistas and corridors due to development silhouetted above ridgelines, minimal preservation of natural hillside area and limited view corridors to natural hillside areas (significant °~" and unavoidable). Neilsen Project/Draft Supplemental EIR ~ City of Dublin PA #07-057 Page 81 January 2009 <:~ a~~~~~~ ~ ~~ The Project Applicant has indicated that Project redesign or other mitigation measures to reduce these significant impacts to visual resources are infeasible based on the following: The small size (approximately 10 acres) of the property, with a short frontage along Tassajara Road, (approximately 600 feet), constrain where development can occur, and also limit opportunities for view corridors. The topography of the site mandates development towards Tassajara Road which would cause silhouetting against the sky line. The westward knoll form and sloping topography of the site encourages development to be located on the flatter portions of the site, which are the top of the knoll and along the base of the knoll that parallels Tassajara Road. Reducing proposed development to a few lots at the base of the knoll with enough open area and setback from the scenic corridor to comply with the standards and policies would result in a financially infeasible project based on the amount of infrastructure required to develop the Project site. However, the Project would incorporated several design features that would be consistent with applicable Eastern Dublin EIR Mitigation Measures and related visual policies. These include: • Providing ten foot stepped building pads, a first for a single family neighborhood in East Dublin. This feature would allow the development to better fit the terrain and reduce grading and open up the vista along the property frontage. • Providing an increased building setback of up to eighty (80) feet would be provided along Tassajara Road to allow views to the hills beyond. • The site entry road, Silvera Ranch Drive, would provide a view corridor to the hills and knolls beyond the Project, as does the area at the southern end of the Proj ect. • Minimizing the cut of the prominent knoll on-site to eight feet to maintain the natural land form and minimize significant elevation changes. • Reducing the number of lots on the top of the hill to minimize the visual impact, as well as locating other lots further back onto the hill. • Ensuring that graded slopes would be recontoured to follow the landforms of the surrounding area. •"Stepping" lots up the hill from to reduce the amount of grading on the site, as well as better fit the natural topography. Light and glare impacts. As identified in the Environmental Setting section above, limited development exists on the Site with corresponding low levels of light. If the proposed Project is approved, more sources of light would be added in the form of new ~n~ street lights, yard lights and other lights. Additional light fixtures could spill over onto adjacent roads and properties resulting in a significant supplemental impact. Supplemental Impact SM-VIS-2 (li h~ t and ~lare impacts). The proposed Project would increase the amount of light sources on the Site, which would result in spill Neilsen Project/Draft Supplemental EIR Page 82 City of Dublin January 2009 PA #07-057 ays' ~7~~ over of light and associated glare onto adjacent properties and roadways (significant impact and mitigation requirec~. ~ The following measure would reduce this impact to a less-than-significant level. Supplemental Miti~ation Measure SM-VIS-2 (li ht and ~lare impacts) Light fixtures installed as part of the Project shall be equipped with cut-off lenses and directed downward to avoid spill over of lights onto adjacent properties or roadways. The design of light fixtures shall be specified on final building and improvement plans. Neilsen Project/Draft Supplemental EIR Page 83 ~w~ City of Dublin January 2009 PA #07-057 EXHIBIT 4.7-1a: EXISTING CUNDITIONS CITY OF D UBLIN NIELS~NPR~PERT'~- TASSAJARA VALLEY ENVIRONMENTAL IMPACT REPORT ?~ ~ i " ~ t ~ ~ ~ a , _ ~ ~ 111ACKAT ~C ~ I ~a ~ ~~ ~ " ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~_ ~ '_ii~ k-~ ~ +~ < ~ , _ i~ E -.. -_ -- '-' . -, _ _•-~: ~ , EXHIBIT 4.7-1b: EXISTING CONDITIONS CIT'Y ~F DUBLIN NIELSENPRQPERTY- ~'ASSAJARA VALLE~ ENVIRONMENTAL IMPACT REPQRT IIIA~CAY ~ S~tMs ~ ~ ~ aue~aat a p~ mae ,:~- ~; EXHIBIT 4.7-2a- PROJECT SIMULATION c~~o~DUBLrN NIELSEN PROPERT'.Y - TASSAJARA. VALLE.Y ~ -~ ~ ~ ~ ENVIRONMENTAL IMPACT REPORT m~ ~ ~ nuwax a pq m~ ': _ __~~ _ ..~.,~..~ ~ ~ _~~ '' ~ ~~ ~ '' ~ ~ ~~- ~~'~ ~~ '- ~ ~ ~ ~-. , - ~-~ ~. ~-s ~' ~_ _ ~__ v ~ ~_ . , EXHIBIT .4.7-2b - PROJECT SIMULATI4N el~ oFD~BLrN ~, NIE~SEN PROPERTY - TASSAJARA VALLE~' ''~ ENVIRONMENTAL IMPACT REPORT ~IAaCAY ~c SItlM~ ae~ a pg ~.~c ~ ~ ~ J ~ a53 7~~- ~ ~ ~ 4.8 AIR QUALITY INTRODUCTION This EIR section describes the impacts of the proposed Project on local and regional air quality. [Note: The information contained in this section is based on an air quality analysis prepared by Donald Ballanti, Certified Meteorologist in June 2008. The full text of this report is found in Appendix 8.7 and is incorporated by reference into this DEIR). ENVIRONMENTAL SETTING Air pollution climatology. The amount of a given pollutant in the atmosphere is determined by the amount of pollutant released and the atmosphere's ability to transport and dilute the pollutant. The major determinants of transport and dilution are wind, atrnospheric stability, terrain and, for photochemical pollutants, sunshine. The Project is within the Livermore Valley. The Livermore Valley forms a small sub regional air basin distinct from the larger San Francisco Bay Area Air Basin. The Livermore Valley 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 Livermore-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 frec~uency of calm conditions when compared , to the greater Bay Area. ~ The occurrence of episodes of high atmospheric 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 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 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. ~ Neilsen Project/Draft Supplemental EIR Page 88 City of Dubiin January 2009 PA #07-057 ~ o?5~f ~..~ ~ Ambient air quality standards Criteria Pollutants. 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 that 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. Table 1 found in the full air quality analysis (Appendix 8.4) identifies the major criteria pollutants, characteristics, health effects and typical sources. The federal and California state ambient air quality standards are summarized in Table 4.2-1. The federal and state ambient standards were developed independently with differing purposes and methods, although both processes attempted 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 particulate matter (PMIO and PM2.5). Suspended particulate matter (PM) is a complex mixture of tiny particles that consists of dry solid fragments, solid cores with liquid coatings, and small droplets of liquid. These particles vary greatly in shape, size and chemical composition, and can be made up of many different materials such as metals, soot, soil, and dust. "Inhalable" PM consists of particles less than 10 microns in diameter and is defined as "suspended particulate matter" or PMIO. Fine particles are less than 2.5 microns in diameter (PM2.5). PM25r by definition, is included in PMlo• Toxic Air Contaminants. In addition to the criteria pollutants discussed above, Toxic Air Contaminants (TACs) are another group of pollutants of concern. There are many different types of TACs, with varying degrees of toxicity. Sources of TACs include industrial processes such as petroleum refining and chrome plating operations, commercial operations such as gasoline stations and dry cleaners, and motor vehicle exhaust. Cars and trucks release at least forty different toxic air contaminants. The most important, in terms of health risk, are diesel particulate, benzene, formaldehyde, 1,3- butadiene and acetaldehyde. Public exposure to TACs can result from emissions from normal operations, as well as accidental releases. Health effects of TACs include cancer, birth defects, neurological damage and death. Ambient air quality. The state and national ambient air quality standards cover a wide variety of pollutants. Only a few of these pollutants are problems in the Bay Area either due to the strength of the emission or the climate of the region. The BAAQMD maintains a network of monitoring Sites in the Bay Area. The closest to the Project Site is in Livermore. Table 4.9-2 summarizes violations of air quality standards at this monitoring site for the period 2005-2007. Table 4.9-2 also shows that the federal ambient air quality standards for ozone which are not met in the Livermore Valley, and state standards for ozone and PMIO are exceeded. Neilsen ProjecUDraft Supplemental EIR Page 89 ~ City of Dublin January 2009 PA #07-057 ~ a~~ -?.~~~ ~ Attainment status and regional air quality plans. 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 portions of the state where the federal or state ambient air quality standards are not met as "non-attainment areas." Because of the differences between the national and state standards, the designation of non-attainment areas is different under the federal and state legislation. The U. S. Environmental Protection Agency has classified the San Francisco Bay Area as a non-attainment area for the federal8-hour ozone standard. The Bay Area was designated as unclassifiable/attainment for the federal PMIO and PM2.5 standards. Under the California Clean Air Act Alameda County is a non-attainment area for ozone and particulate matter (PMIO and PM2.5). The county is either attainment or unclassified for other pollutants. Air districts periodically prepare and update plans to achieve the goal of healthy air. Typically, a plan will analyze emissions inventories (estimates of current and future emissions from industry, motor vehicles, and other sources) and cornbine that information with air monitoring data (used to assess progress in improving air quality) and computer modeling simulations to test future strategies to reduce emissions in order to achieve air quality standards. Air quality plans usually include measures to reduce air pollutant emissions from industrial facilities, commercial processes, motor vehicles, and other sources. Bay Area plans are prepared with the cooperation of the Metra~~olita~l I'ransUOrtation Com~i~ission, and the Association af Ba.~Area Gavernments. Ozone Attainment Demonstrations are prepared for the national ozone standard and Clean Air Plans are prepared for the California ozone standard. Neilsen Project/Draft Supplemental EIR Page 90 City of Dublin January 2009 PA #07-057 ~ ~ ~ a~~° ~,~ r~' Table 4.8-1. Federal and State Ambient Air Quality Standards Pollutant Averaging Federal State Time Primary Standard Standard Ozone 1-Hour -- 0.09 PPM 8-Hour 0.075 PPM 0.07 PPM Carbon Monoxide 8-Hour 9.0 PPM 9.0 PPM 1-Hour 35.0 PPM 20.0 PPM Nitrogen Dioxide Annual Average 0.05 PPM 0.03 PPM 1-Hour -- 0.18 PPM Sulfur Dioxide Annual Average 0.03 PPM -- 24-Hour 0.14 PPM 0.04 PPM 1-Hour -- 0.25 PPM PM,o Annual Average -- 20 ~g/m3 24-Hour 150 ~ag / m3 50 ~/ m3 PM2.5 Annual 15 ~g / m3 12 ~ g/ m3 24-Hour 35 ~ag/m3 -- Lead Calendar Quarter 1.5 ~g/m3 -- 30 Day Average -- 1.5 ~/ m3 Sulfates 24 Hour 25 Ng/m3 -- Hydrogen Sulfide 1-Hour 0.03 PPM -- Vinyl Chloride 24-Hour 0.01 PPM -- PPM = Parts per Million µg/m3 = Micrograms per Cubic Meter Source: California Air Resources Board, Ambient Air Quality Standards (04/01/08) http~//www arb ca~ov/research/aaqs/aaqs2.pdf Neilsen Project/Draft Supplemental EIR ~„ City of Dublin PA #07-057 Page 91 January 2009 ~ d 5'7 ~'' 7~ 4.8-2. Air Quality Data Summary for Livermore, 2005-2007 Source: Air Resources Board, Aerometric Data Analysis and Management (ADAM), 2008. (http: //www.arb.ca.gov./adam/cgi-bin/adamtop/d2wstart) Sensitive receptors. The BAAQMD defines sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools playgrounds, childcare centers, retirement homes, convalescent homes, hospitals and medical clinics. The closest location of sensitive receptors is Quarry Lane School, located just south of the Project Site. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR identified significant impacts related to construction, mobile source and stationary source emissions (Impacts 3.11/A, B, C, E). Mitigation measures were adopted to control construction dust and exhaust emissions, and to minimize mobile and stationary source emissions through, among other things, cooperative transportation and air quality planning and transportation demand management. All mitigation measures adopted upon approval of the Eastern Dublin GPA/SP continue to apply to implementing actions and projects such as the proposed Project. Even with mitigation, however, significant cumulative construction, mobile source and stationary source impacts remained. (Impacts 3.11A, 311B, 3011C, and 3.11E). Upon approval of the Eastern Dublin GPA/SP, the City adopted a Statement of Overriding Considerations for these significant unavoidable impacts. (Resolution No. 53-93.) Pollutant Standard Days Exceeding Standard In: 2005 2006 2007 Ozone State 1-Hour 6 13 2 Ozone State 8-Hour 7 15 3 Ozone Federal8-Hour 1 5 1 PM,o Federa124-Hour 0 0 0 PMIO State 24-Hour 0 3 2 PM2 5 Federa124-Hour 0 0 0 Carbon Monoxide State/Federal 8-Hour 0 0 0 Nitrogen Dioxide State 1-Hour 0 0 0 ~ Neilsen ProjecUDraft Supplemental EIR Page 92 ~ City of Dublin January 2009 PA #07-057 ~~ ~~~~ SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES Significance Criteria. The BAAQMD has revised recommended thresholds of significance since publication of the East Dublin EIR (BAAQMD, 1999). The document BAAQMD CEQA Guidelines establishes the following impact criteria: • Conflict with or obstruct implementation of applicable air quality plan. • A significant impact on local air quality is defined as an increase in carbon monoxide concentrations that causes a violation of the most stringent ambient air quality standard for carbon monoxide (20 ppm for the one-hour averaging period, 9.0 ppm for the eight-hour averaging period). • A significant impact on regional air quality is defined as an increase in emissions of an ozone precursor or PM10 exceeding the BAAQMD thresholds of significance. The current significance thresholds are 80 pounds per day (or 15 tons/year) for ozone precursors or PMIO• • Any project with the potential to expose sensitive receptors or the general public to substantial levels of toxic air contaminants would be deemed to have a significant impact. Despite the establishment of both federal and state standards for PM25 (particulate matter, 2.5 microns), the BAAQMD has not developed a threshold of significance for this pollutant. For this analysis, PM25 impacts would be considered significant if Project emissions of PMIO exceed 80 pounds per day. The current BAAQMD significance threshold for construction dust impact is based on the appropriateness of construction dust controls. The BAAQMD guidelines provide feasible control measures for construction emission of PMlo. If the appropriate construction controls are to be implemented, then air pollutant emissions for construction activities would be considered less-than-significant. Regarding emission of greenhouse gases, a project would be considered significant if it conflict with or impede the implementation of greenhouse gas reduction measures under AB 32 and other state laws. Significant impacts. The following impacts are deemed to be significant. Violation or obstruction of Clean Air Plan. The Bay Area Air Quality Management District's Clean Air Plan (CAP) is based on land uses included in the buildout assumptions of local agency general plans within the boundaries of the District. The proposed Project includes a request to amend the Dublin General Plan and Eastern Dublin Specific Plan from "Rural Residential / Agriculture° to "Single Family Residential." If approved, the number of dwellings allowed on the Site would be increased from one dwelling and one worker -= housing dwelling unit to a maximum of 36 dwellings, an increase of up to 34 dwellings. Such an increase would be in excess of the number of dwellings assumed in the Clean Air Plan and would represent a significant supplemental impact not analyzed in the 1993 Eastern Dublin EIR. Neilsen Project/Draft Supplemental EIR Page 93 City of Dublin January 2009 PA #07-057 a~q -~~ ~ ~ ~ Su~plemental Impact SM-AIR-1 (consistenc~with Clean Air Plan): If approved, the proposed Project would increase the number of dwellings on the Project Site by up to 34 dwellings that are not currently included in the BAAQMD Clean Air Plan (significant impact and mitigation requirec~. The following supplemental measure will reduce this impact to a less-than-significant level by applying additional mitigation beyond that required by Mitigation Measures 3.11/5.0-11.0 of the East Dublin EIR, offsetting the additional VMT and regional emissions resulting from the land use redesignation of the Project Site. The measure will also ensure consistency between the City of Dublin General Plan and Eastern Dublin Specific Plan and the Clean Air Plan. Su~plemental Mitigation Measure SM-AIR-1 (consistency with Clean Air Plan): If the requested land use entitlements are approved, the City of Dublin shall transmit appropriate documentation of land use buildout to the BAAQMD for inclusion into the next update of the regional Clean Air Plan. In addition, the following steps shall be taken by the Project Applicant: • The Project proponent shall negotiate with LAVTA for the construction or reservation of land for transit facilities such as bus turnouts/bus bulbs, benches, and related public transit facilities. • Provide on site bicycle land and/or paths, connected to community-wide network. • Provide on site sidewalks and/or paths, connected to adjacent land uses, transit stops, and/or community-wide network. • Allow only natural gas fireplaces and heating stoves. No wood burning devices shall be allowed. • Require dwellings to have outdoor electrical outlets to encourage the use of electric lawn and garden equipment for landscaping and maintenance. • Install ENERGY-STAR appliances. Construction tmpacts. The current BAAQMD significance threshold for construction dust impact is based on the appropriateness of construction dust controls. If the appropriate "~ construction controls are to be implemented, then air pollutant emissions for construction ~ activities would be considered less-than-significant. The Project Site is adjacent to a sensitive receptor Quarry Lane School and adherence to Eastern Dublin EIR Mitigation '~°- Measure 3.11 / 1.0, as modified below, will reduce impacts to the school by requiring that construction areas be watered or covered, covering haul trucks, sweeping streets on a ~ frequent basis and revegetating graded areas to minimize generation of fugitive dust 5 from the Project Site. ~, Mitigation Measure MM 3.11 / 1.0 in the East Dublin EIR implements most, but not all, ~=} of the currently recommended measures. The following supplemental measure is recommended to ensure that construction impacts are reduced to a less-than-significant "~° level by adherence to current BAAQMD standards that~ require watering of exposed ~, materials, watering of construction sites and installation of erosion control measures ~ Neilsen ProjecUDraft Supplemental EIR Page 94 City of Dublin January 2009 PA #07-057 ~~ a~ a ~ ~~ Su~plemental Miti~ation SM-AQ-2 (construction impacts). In addition to measures identified in MM 3.11/1.0 of the Eastern Dublin EIR, the City of Dublin shall: a) Require construction contractors to water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. b) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. d) On-site idling of construction equipment and trucks shall be minimized as much as feasible (no more than five minutes maximum). e) All construction equipment shall be properly tuned and fitted with manufacturer's standard level exhaust controls. According the current BAAQMD CEQA guidelines, implementation of these mitigation measures would reduce construction period air quality impacts to a less-than-significant level. Less-than-significant impacts. Potential impacts dealing with Project and cumulative air emissions and greenhouse gas emissions have been deemed to be less-than-significant, as discussed below. Regional Air Emissions. Vehicle trips generated by the Project would result in air pollutant emissions affecting the entire San Franasco Bay Air Basin. Regional emissions associated with Project vehicle use have been calculated using the URBEMIS2007 emission model. The incremental daily emission increase associated with Project land uses is identified in Table 4.2.3 for reactive organic gases and oxides of nitrogen (two precursors of ozone) and PMIO. The Bay Area Air Quality Management District has established threshold of significance for ozone precursors and PMlo of 80 pounds per day. Proposed Project emissions shown in Table 4.2.3 would not exceed these thresholds of significance, so the proposed Project would not have significant effect on regional air quality. Neilsen Project/Draft Supplemental EIR ;~ City of Dublin PA #07-057 Page 95 January 2009 ~ aci~7~ Table 4.8-3. Project Regional Emissions in Pounds Per Day Reactive Nitrogen PMlo Organic Oxides Gases Vehicular Emissions 2.9 3.7 5.1 Area Source Emissions Total 2.6 0.5 3.0 5.5 4.2 8.1 BAAQMD Significance 80.0 80.0 80.0 Threshold Source: Donald Ballanti, 2008 However, as discussed above, significant cumulative construction, mobile source and stationary source impacts would result from the implementation of the Eastern Dublin GPA/SP. (See Impacts 3.11A, 3.11B, 3.11C, and 3.11E of Eastern Dublin EIR). Upon approval of the Eastern Dublin GPA/SP, the City adopted a Statement of Overriding Considerations for these significant unavoidable impacts. (Resolution No. 5~93.) So, even with the implementation of all mitigation measures for air quality impacts identified in the Eastern Dublin EIR and this EIR, the cumulative impact of the Eastern Dublin GPA/SP (of which this proposed Project is a part) would be significant and unavoidable. Local Carbon Monoxide Concentrations. The Project would change traffic on the local street network, changing carbon monoxide levels along roadways used by Project traffic. Carbon monoxide is an odorless, colorless poisonous gas whose primary source in the Bay Area is automobiles. Concentrations of this gas are highest near intersections of major roads. The BAAQMD CEQA Guidelines document identifies situations where modeling of carbon monoxide concentrations should be conducted to quantify project impacts 1 A CO hot spot analysis should be performed for projects which meet any of the following criteria: (1) vehicle emissions of CO would exceed 5501b / day, (2) project traffic would impact intersections or roadway links operating at Level of Service (LOS) D, E, or F or would cause LOS to decline to D, E, or F; or (3) project traffic would increase traffic volumes in nearby roadways by 10 percent or more. The peak hour volume for the proposed Project is 37 vehicles in the PM peak traffic hour. So no quantitative analysis is required to conclude that impacts on local carbon monoxide concentrations would be less-than-significant. ' Bay Area Air Quality Management District, BAAQMD CEQA Guidelines, 1996 (Revised December 19991. Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 ~ Page 96 January 2009 ~b ~ °~ 7.~~ 4.9 GREENHOUSE GAS EMISSIONS INTRODUCTION This EIR section describes the impacts of the proposed Project on the emission of greenhouse gases. Calculations of Project greenhouse gas emissions prepared by Donald Ballanti are included in Appendix 8.6 and are incorporated by reference into this DSEIR. ENVIRONMENTAL SETTING Greenhouse gas emissions and climate change irnpacts. The greenhouse effect is a natural process by which some of the radiant heat from the sun is captured in the lower atmosphere of the earth. The gases that help capture the heat are called greenhouse gases (GHG). While greenhouse gases are not normally considered air pollutants, these gases have been identified as forcing the earth's atrnosphere and oceans to warm above naturally occurring temperatures. Some greenhouse gases occur naturally in the atmosphere, while others result from human activities. Naturally occurring greenhouse gases include water vapor, carbon dioxide, methane, nitrous oxide and ozone. Certain human activities add to the levels of most of these naturally occurring gases. For the purposes of this analysis, the following greenhouse gases will be considered: Carbon Dioxide - Carbon dioxide (C02) is a colorless, odorless gas. C02 is emitted naturally and through human activities. The largest source of C02 emissions from human activities is the combustion of fossil fuels. Methane - Methane (CH4) is a colorless, odorless gas and is the major component of natural gas. It is emitted by natural processes and human activities. Human-related sources include fossil fuel production, livestock raising, agriculture, and waste management (landfills). Nitrous Oxide - Nitrous oxide (N20) is a clear, colorless gas, with a slightly sweet odor. N20 is produced by both natural sources and human activities. Primary sources from human activities include agriculture (fertilizer), sewage treatment, and fossil fuel combustion. Hvdrofluorocarbons - Hydrofluorocarbons (HFCs) are man-made chemicals used in industrial, commercial, and consumer products, including refrigerants. Perfluorocarbons - Perfluorocarbons (PFCs) are colorless, inert, and non-toxic. There are seven PFC gases: perfluoromethane (CF4), perfluoroethane (C2F6), perfluoropropane ` (C3F8), perfluorobutane (C4F10), perfluorocyclobutane (C4F8), perfluoropentane (C5F12), and perfluorohexane (C6F14). Neilsen Project/Draft Supplemental EIR Page 97 City of Dublin January 2009 PA #07-057 0?~3 ~ `~~~ ~. 4N9„ Sulfur Hexafluoride -Sulfur hexafluoride (SF6) is an inorganic compound that is colorless, odorless, and non-toxic. SF6 is primarily used as an electrical insulator by the electric power industry. Each GHG causes a different amount of heat-trapping activities in the earth's atmosphere referred to as Global Warming Potential (GWP). High GWP gases are CH4, HFCs, PFCs, and SF6. Methane traps over 21 times more heat per molecule than C02, and N20 absorbs 310 times more heat per molecule than C02. Estimates of the GWP of GHG emissions are presented in carbon dioxide equivalents (C02e). Table 4.9-1 shows the GWPs for different GHGs for a 100-year time horizon. Table 4.9-1. Global Warming Potential for Greenhouse Gases Greenhouse Gas Global Warming Potential Carbon Dioxide (COz) 1 Methane (CH4) 21 Nitrous Dioxide (N20) 310 Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs) 6,500 Sulfur Hexafluoride (SF6) 23,900 Source: BAAQMD Source Inventory of Bay Area Greenhouse Gas Emissions. November 2006. International and Federal Legislation While there has been increasing attention to GHG in recent years, the potential for global warming effects is not a new issue. In 1988, the United Nations and World Meteorological Organization established the Intergovernmental Panel on Climate Change (IPCC) to assess the risk of climate change. In 1994 the United States joined a number of countries in signing the United Nations Framework Convention on Climate Change (UNFCCC). A result of the UNFCCC efforts was a treaty known as the Kyoto Protocol that commits signees to reduce their emissions of GHG or engage in emissions trading. While more than 160 countries have participating in the Protocol, the United States has not ratified the treaty. Federal legislation to address greenhouse gas emissions and climate change has been ~'' proposed. No federal legislation has been passed by Congress on this issue. „~ California Executive Orders, Legislation, and Regulatory Agency Action Executive Order S-03-05 - In 2005, in recognition of California's vulnerability to the effects of climate change, Governor Schwarzenegger issued Executive Order S-3-05, which sets forth a series of target dates by which statewide emission of GHGs would be progressively reduced, as follows: by 2010, reduce GHG emissions to 20001evels; by 2020, reduce GHG emissions to 19901evels; and by 2050, reduce GHG emissions to 80 percent below 1990 levels. Under the Order, the Climate Action Team (CAT) was created to develop information on climate change and its impacts, and GHG reduction programs. The CAT is comprised of inembers from various State agencies and commissions. ~ Neilsen ProjecUDraft Supplemental EIR Page 98 City of Dublin January 2009 PA #07-057 ~~~ ~~~ programs. The CAT is comprised of inembers from various State agencies and commissions. Assembl~Bill 32 - In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32; California Health and Safety Code Division 25.5, Sections 38500, et seq. (AB 32)). AB 32 requires the California Air Resources Board (ARB) to design and implement emission limits, regulations, and other measures, such that statewide GHG emissions are reduced to 19901evels by 2020 (representing about a 30 percent reduction in emissions). AB 32 states that global warming poses a serious threat to the economic well being, public health, natural resources, and the environment of California. AB 32 establishes a timetable for ARB to adopt emission limits, rules, and regulations designed to achieve the intent of the Act. On or before January 1, 2011, ARB must adopt regulations on GHG emission limits and emission reduction measures to achieve the maximum technologically feasible and cost-effective reductions in GHG emissions in furtherance of achieving the statewide GHG emissions limit. These regulations are to become effective beginning on January 1, 2012. ARB staff is recommending a total of 44 early action measures Z. There are nine discrete early action measures that will be enforceable by January 1, 2010. Measures that could become effective during implementation of the proposed Project could pertain to construction-related equipment operations. Some proposed early action measures will require new regulations to implement, some will require subsidies, some have already been developed, and some will require additional effort to evaluate and quantify. Applicable early action measures that are ultimately adopted will become effective during implementation of proposed Project. The Project could be subject to these requirements, depending on its timeline. AB 32 requires ARB to prepare a Scoping Plan that contains the main strategies California will use to reduce the GHGs that contribute to climate change. In June 2008, ARB released an initial draft of the Scoping Plan3. In October 2008, ARB released a Proposed Scoping Plan which will be considered for adoption by the Air Resources Board in December 2008. Under AB 32, ARB is required to adopt the Scoping Plan by January 1, 2009. The Scoping Plan contains a series of recommended actions to reduce GHG emissions that will provide the framework for development of specific regulations that will be adopted by January 2011 and enforceable by January 2012. The key elements of the Proposed Scoping Plan include: • Expanding and strengthening existing energy efficiency programs as well as building and appliance standards; • Achieving a statewide renewables energy mix of 33 percent; 2 California Air Resources Board, Draft Expanded List of Earlv Action Measures to Reduce Greenhouse Gas Emissions in California Recommended for Board Consideration, September 2007. ~ 3 California Air Resources Board. 2008. Climate Change Draft Scoping Plan: a framework for change. June 2008. Neilsen ProjecUDraft Supplemental EIR Page 99 ~ City of Dublin January 2009 PA #07-057 ~ a~5~ 7~g ~ Developing a California cap-and-trade program that links with other Western Climate Initiative partner programs to create a regional market system; • Establishing targets for transportation-related greenhouse gas emissions for regions throughout California, and pursuing policies and incentives to achieve those targets; • Adopting and implementing measures pursuant to existing State laws and policies, including California's clean car standards, goods movement measures, and the Low Carbon Fuel Standard; and ~ Creating targeted fees, including a public goods charge on water use, fees on high global warming potential gases, and a fee to fund the administrative costs of the State's long term commitment to AB 32 implementation. Senate Bi1197 - Senate Bill 97 (SB 97), enacted in 2007, amends the CEQA statute to directed the California Office of Planning and Research (OPR) to develop draft CEQA guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions by July 1, 2009. It directs the Resources Agency to certify and adopt the CEQA guidelines by January 1, 2010. No draft revisions to the CEQA Guidelines to address GHGs had been proposed by OPR at the time this Draft EIR was completed in December 2008. OPR CEQA and Climate Change Technical Advisory - In June 2008, OPR released a technical advisory document4 providing a recommended approach to addressing climate change in CEQA documents. It recommends that lead agencies develop an approach that follows three basic steps for analysis: (1) identify and quantify GHG emissions; (2) assess the significance of the impact on climate change; and (3) if the impact is significant, identify mitigafiion measures and/or alternatives to reduce the impact to a less than significant level. OPR recommends that lead agencies undertake a good-faith effort, based on available scientific and technical information, to estimate GHG emissions from a project. OPR specifically identifies vehicle traffic, energy consumption, water usage, and construction as potential sources of GHG emissions. OPR recognizes that establishing a threshold of significance for GHG emissions is "perhaps the most difficult part of the climate change analysis." OPR has asked ARB technical staff to recommend a statewide threshold of significance for GHG emissions. While this statewide threshold is pending, OPR recommends that lead agencies "undertake a project-by-project analysis, consistent with available guidance and current CEQA practice" to determine the significance of impacts. The Technical Advisory also notes that while "climate change is ultimately a cumulative impact, not every individual project that emits GHGs must necessarily be found to contribute to a significant cumulative impact on the environment." Most importantly, OPR advises that a significance threshold of no new GHG emissions is not required. OPR recognizes that a significance standard can be qualitative or quantitative. If a lead agency determines a project will have a significant impact due to GHG emissions, it should consider alternatives or mitigation measures to reduce or offset project emissions. ° Governor's Office of Planning and Research, CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review, June 19, 2008. Neilsen ProjecUDraft Supplemental EIR Page 100 City of Dublin January 2009 PA #07-057 ~~~ ~~~ The OPR Technical Advisory notes that the most difficult part of a climate change analysis is the determination of significance since there are no established regulatory thresholds for GHGs from the state, air districts or any other source. Until the issuance of amended CEQA Guidelines addressing GHG impacts (scheduled for release in January 2009), the determination of a GHG threshold is left to the lead agency. On October 24, 2008, ARB staff released a document entitled: Preliminary Draft Staff Proposal - Recommended Approaches for Setting Interim Significance Thresholds for GHGs under CEQA. This Preliminary Draft document contained guidelines for the development of significance thresholds for certain types of project. The draft proposal identified types of approaches, but did not contain defined standards. For residential projects, the proposal included a mixture of undefined performance standards for energy use, water use, waste and transportation, and an unspecified quantitative threshold for amount of emissions below which impacts would be considered less than significant. At this time, the proposal is out for public review and comment. ARB will hold a public workshop to respond to public comments in December 2008. It is unknown if OPR will include any ARB recommendations on significance thresholds in its proposed revisions to the CEQA Guidelines. It also is unknown if the Resources Agency will ultimately adopt the ARB proposed thresholds when and if they are finalized. Senate Bi11375 - SB 375 takes effect on January 1, 2009. SB 375 helps implement AB 32's GHG reduction goals by integrating planning for land use, regional transportation and housing. SB 375 requires regional transportation plans to include a"sustainable community strategy" (SCS) plan to meet GHG reduction targets for vehicle travel set by ARB. The deadline for ARB to establish the GHG reduction target for individual regional plans is September 30, 2010. A Regional Transportation Plan will need to incorporate a SCS after October 2010. Projects consistent with a SCS qualify for relief from some CEQA requirements (example, exemptions or streamlined review). The bill also provides significant changes to Housing Element law, especially the timing and requirements for Regional Housing Needs Allocation (RHNA) planning. Assembly Bill 1493 - AB 1493 (Pavley) was enacted on July 22, 2002. AB 1493 requires ARB to set GHG emission standards for passenger vehicles and light duty trucks manufactured in 2009 and all subsequent model years. ARB adopted the standards in September 2004. When fully phased in, the near-term (2009 to 2012) standards would result in a reduction of approximately 22 percent in GHG emissions compared to the emissions from the 2002 fleet, while the mid-term (2013 to 2016) standards would result in a reduction of approximately 30 percent. To set its own GHG emissions limits on motor vehicles, California must receive a waiver from the EPA. However, in December 2007, the EPA denied the request from California for the waiver. In January 2008, the California Attorney General filed a petition for review of the EPA's decision in the Ninth Circuit Court of Appeals; no decision on that petition has been made. Thus, California cannot implement AB 1493 at this time. Senate Bill 1368 - SB 1368 requires the California Public Utilities Commission (PUC) to establish a greenhouse gas emission performance standard for baseload generation. These standards cannot exceed the greenhouse gas emission rate from a baseload Neilsen Project/Draft Supplemental EIR Page 101 City of Dublin January 2009 PA #07-057 a~~ ~ ~sg ~ ~ combined-cycle natural gas fired plant. The legislation further requires that all electricity provided to California, including imported electricity, must be generated from plants that meet the standards set by the PUC and CEC. Local Agency Regulations The Bay Area Air Quality Management District (BAAQMD) has not adopted guidance '~ or regulations for analysis of GHGs or climate change in CEQA documents. In June, ~ 2005, the BAAQMD adopted a resolution establishing the Bay Area Air Quality Management District's Climate Change Program. The Climate Change Program is to ~"` address climate change and climate protection through District activities including . outreach and education campaigns, data collection and analysis, technical assistance, hosting a regional conference on climate change, and support and leadership for local '""~ efforts in the Bay Area to reduce emissions that contribute to climate change. The BAAQMD also has prepared a GHG emissions inventory for the Bay Area using 2002 as the base year. The BAAQMD estimated that 85.4 million tons of C02-equivalent5 GHG ~' gases were emitted from anthropogenic sources in the Bay Area in 2002. Fossil fuel consumption in the transportation sector (on-road motor vehicles) accounted for approximately 43 percent. Stationary sources, including industrial and commercial ~ sources, power plants, oil refineries, and landfills, were responsible for approximately 49 percent. Construction and mining equipment was estimated to account for approximately two percent (or about 1.7 million tons) of the total anthropogenic GHG ~ emissions. Predicted Global Warming Effects in Cc~lifornia. According to the 2006 California Climate Action Team Reportb (CAT), the following climate change effects are predicted in California over the course of the next century: • A diminishing Sierra snowpack, declining by 70% to 90%, threatening the state's water supply. ~ Increasing temperatures from 8 to 10.4 degrees Fahrenheit under the higher emission scenarios, leading to a 25 to 35% increase in the number of days ozone pollution levels are exceeded in most urban areas. • Coastal erosion along the length of California and seawater intrusion into the Delta from a 4- to 33-inch rise in sea level. This would exacerbate flooding in already vulnerable regions. • Increased vulnerability of forests due to pest infestation and increased temperatures. • Increased challenges for the State's important agriculture industry from water shortage, increasing temperatures, and saltwater intrusion into the Delta. ~ Increased electricity demand, particularly in the hot summer months. IMPACTS ANALYSIS AND MITIGATION MEASURES ~ 5 Greenhouse gases are converted into COZ-equivalent values based on their potential to absorb heat in the atmosphere. For instance, CH4 traps 21 times more heat per molecule than COZ and, therefore, one pound ..~. of CH4 has a CO2-equivalent value of 21 pounds. 6 California Environmental Protection Agency Climate Action Team, Climate Action Team Report to ~" Governor Schwarzeneeger and the LeQislation March 2006. ,~ Neilsen ProjecUDraft Supplemental EIR Page 102 City of Dublin January 2009 PA #07-057 ~ ~ ~ ~~~ ~ This section evaluates potential impacts to global climate change resulting from implementation of the proposed Project. The evaluation of environmental effects presented in this section focuses on potential climate change impacts associated with the Project's increase in GHG emissions. There is no CEQA statute, regulation or judicial decision that requires an EIR to analyze the GHG emissions of a project or whether a project will have a significant impact on global warming. Senate Bill 97 directs OPR to develop CEQA Guidelines to address GHG emissions to be adopted by January 1, 2010. OPR had not issued any formal regulations at the time this Draft EIR was completed. OPR has issued informal guidance in the form of a Technical Advisory in June 2008 on how to address climate change through CEQA review. The recommended approach for GHG analysis included in OPR's Technical Advisory is to (1) identify and quantify GHG emissions, (2) assess the significance of the impact on climate change, and (3) if significant, identify alternatives and / or mitigation measures to reduce the impact below significance. Neither the CEQA statute nor guidelines prescribe thresholds of significance or a particular methodology for performing a GHG impact analysis. No state agency or BAAQMD has issued any final regulations or standards of significance for the analysis of GHGs under CEQA. Therefore, this issue is left to the judgment and discretion of the lead agency. Currently, there is significant uncertainty as to what constitutes a legally adequate GHG analysis under CEQA. The discussion and analysis contained in this chapter is provided in accordance with the purpose of CEQA to make a good faith disclosure to the public and decision makers of potential environmental impacts, so they can make informed decisions. Significance Criteria. Whether there is a direct connection between GHG emissions "~ from an individual land use project and global climate change is unknown. No scientific study has established a direct causal link between individual land use project impacts and global warming. Climate change is a global environmental problem in which (a) ~~ any given development project contributes only an infinitesimally small portion of any net increase in GHGs and (b) growth throughout the world is continuing to contribute large amounts of GHGs. Therefore, this study addresses climate change as a potential ° cumulative impact of the project. The analysis of this issue as a cumulative impact is consistent with all proposed regulatory guidance. The issue is what is the appropriate significance threshold for determining whether the project has a cumulatively ~` considerable contribution to the significant cumulative impact of global warming. ~ AB 32 requires statewide GHG emissions reductions to 19901evels by 2020. However, °~ AB 32 does not amend CEQA. No generally applicable significance threshold for GHG emissions has yet been established, nor is formal final State agency regulations on global climate change analysis in CEQA documents anticipated to be available until ~ mid-2009 at the earliest. ~ State CEQA Guidelines Section 15064(b) provides that the "determination of whether a ~~ project may have a significant effect on the environment calls for careful judgment on Neilsen Project/Draft Supplemental EIR .~ City of Dublin PA #07-057 Page103 January 2009 3~ as ~ 7s~ ~ the part of the public agency involved, based to the extent possible on scientific and factual data". An "ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting." (CEQA Guidelines Section 15064(b)). Lead agencies have discretion under CEQA to establish significance thresholds. The State CEQA Guidelines further indicate that if thresholds are established, they may include an "identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency[.]" (State CEQA Guidelines, Section 15064.7) Some agencies have suggested that a zero emissions threshold would be appropriate when evaluating GHGs and their potential effect on climate change. However, most agencies believe that a"zero new emissions" threshold would be impractical to implement and would hinder any new development. Further, prior CEQA case law makes clear that the rule that "one additional molecule" could create a significant impact is not consistent with CEQA. Such a rule also appears inconsistent with the State's approach to addressing climate change impacts. AB 32 does not prohibit all new GHG emissions; rather, it requires a reduction in statewide emissions to a given level. Thus, AB 32 recognizes that new GHG emissions will continue to occur. Bearing in mind that CEQA does not require "perfection" but instead "adequacy, completeness, and a good faith effort at full disclosure," the analysis below is based on methodologies and information available to the City at the time the study was prepared. Estimation of GHG emissions in the future does not account for all changes in technology that may reduce such emissions; therefore, the estimates are based on past performance and represent a scenario that is worse than that which is likely to be encountered. Additionally, as explained in greater detail below, many uncertainties exist regarding the precise relationship between specific levels of GHG emissions and the ultimate impact on the global climate. Significant uncertainties also exist regarding potential reduction strategies. Thus, while information is presented to assist the public and the City's decision makers in understanding the project's potential contribution to global climate change impacts, the information available to the City is not sufficiently detailed to allow a direct comparison between particular project characteristics and particular climate change impacts, nor between any particular proposed reduction measure and any corresponding reduction in climate change impacts. Because no applicable numeric significance thresholds have yet been defined, and because the precise causal link between an individual project's emissions and global climate change has not been developed, it is reasonable to conclude that an individual development project cannot generate a high enough quantity of GHG emissions to affect global climate change. However, individual projects incrementally contribute toward the potential for global climate change on a cumulative basis in concert with all other past, present, and reasonably foreseeable future projects. This study identifies qualitative factors to determine whether this project's emissions should be considered cumulatively significant. Until the City or other regulatory agency devises a generally applicable climate change significance threshold or methodology for analysis, the analysis used in this study may or may not be applicable to other ~ity projects. Neilsen Project/Draft Supplemental EIR Page 104 City of Dublin January 2009 PA #07-057 ~~'~ 7.~~- ~ In the absence of regulatory agency rules or guidance on thresholds of significance under CEQA, the City will analyze whether the project has a cumulatively considerable contribution to the significant cumulative impact of global warming under the following qualitative standard: • Whether the proposed project conflicts with or obstructs the implementation of greenhouse gas reduction measures under AB 32 or other state regulations. If a project does not conflict with or obstruct GHG reduction strategies identified in AB 32 or other state regulations, the project would result in a less than significant contribution to the cumulative impact of global climate change. Supplemental Project Impacts. The following supplemental impacts are identified for the proposed Project. Direct Emission of greenhouse gases. Estimates of carbon dioxide generated by Project traffic and area sources were made using a program called URBEMIS-2007 (Version 9.2.4). URBEMIS-2007 is a program used statewide that estimates the emissions that result from development projects. Land use projects can include residential uses such as single-family dwelling units, apartments and condominiums, and nonresidential uses such as shopping centers, office buildings, and industrial facilities. URBEMIS-2007 contains default values for much of the information needed to calculate emissions. However, project-specific, user-supplied information can also be used when it is available. Inputs to the URBEMIS-2007 program include trip generation rates, vehicle mix, average trip length by trip type and average speed. The daily trip generation rate for the Project was provided by the Project transportation consultant. Average trip lengths and speeds for Alameda County were used. The analysis was carried out assuming a 2009 vehicle mix. URBEMIS-2007 utilizes a standard mix of vehicle types and ages for each county and it varies with the year specified. The emission rates for vehicles changes from year to year as newer, cleaner cars replace older, more polluting vehicles. A year 2009 vehicle mix was assumed for this analysis, which is the earliest the Project could be assumed to be operational. It is a worst-case assumption, as emissions rates in later years would be lower. Area source emissions of carbon dioxide were also quantified by the URBEMIS-2007 program. The URBEMIS program identifies 5 categories of area source emissions: Natural Gas Combustion Hearth Emissions Landscaping Emissions ~ Architectural Coating Consumer Products Neilsen Project/Draft Supplemental EIR Page 105 ~ City of Dublin January 2009 PA #07-057 ~ a~~ ~ s~- ~ ~ ~ Natural gas emissions result from the combustion of natural gas for cooking, space heating and water heating. Estimates are based on the number of residential land uses and the number and size of nonresidential land uses. Hearth emissions consist of emissions from wood stoves, wood fireplaces, and natural gas fireplaces related to residential uses. URBEMIS calculates emissions from fuel combustion and evaporation of unburned fuel by landscape maintenance equipment. Equipment in this category includes lawn mowers, rotor tillers, shredders/grinders, blowers, trimmers, chain saws, and hedge trimmers used in residential and commercial applications. This category also includes air compressors, generators, and pumps used primarily in commercial applications. Consumer product emissions are generated by a wide range of product categories, including air fresheners, automotive products, household cleaners and personal care products. Architectural coating emissions result from the evaporation of solvents contained in paints, varnish, primers and other surface coatings associated with maintenance of residential and nonresidential structures. In URBEMIS-2007, these sources generate ROG emissions but not carbon dioxide. The URBEMIS-2007 results for carbon dioxide are attached. The output shows annual emissions of carbon dioxide. While URBEMIS-2007 estimates carbon dioxide emissions from land use projects, there are other global warming gases that should be considered. Emissions of inethane (CH4) and nitrous oxide (N20) were estimated separately based on the URBEMIS-2007 estimates of carbon dioxide from vehicles and natural gas combustion. CH4 and N20 emission factors from Table 3 in BAAQMD's "Source Inventory of Bay Area Greenhouse Gas Emissions" were utilized in a spreadsheet to estimate Project emissions of these gases. Because these gases are more powerful global warming gases, the emissions were multiplied by a correction factor to estimate "carbon dioxide equivalents." CH4 was assumed to have a Global Warming Potential of 21 times that of C02, while N20 was assumed to have a Global Warming Potential of 310 times that of C02. The spreadsheet printout included in Appendix 8.7shows the estimated calculation of CH4 and N20 carbon dioxide equivalents and the calculation of total estimated C02 equivalent emissions for the Project from all identified sources. Indirect emissions of greenhouse gases. Indirect emissions are related to secondary emissions of global warming gases emitted away from the site and not directly related to Project activities. The most important of these is that portion of the electricity used by the Project that would be generated by fossil-fueled power plants that generate global warming gases. Global warming gas emissions related to electricity use were estimated using average annual electrical consumption per residential unit and square foot of commercial space recommended by the California Energy Commission. Emission rates for C02, CH4 and N20 per megawatt hour were taken from the California Climate Action Registry Neilsen Project/Draft Supplemental EIR Page 106 City of Dublin January 2009 PA #07-057 ~ a7a ~5 ~ General Reporting Protocol, Version 3.0. The number of project residential units was multiplied by the electrical usage factor and emission rates per megawatt hour to obtain annual emissions for C02, CH4 and N20. These emissions were converted to C02 equivalents. The calculation is shown in the attached spreadsheet. Estimated~reenhouse gas emissions. Both construction and operation of the Project would release new GHG emissions. Construction emissions, which are a one time emissions, have been estimated by the URBEMIS-2007 program as 165.2 metric tons C02 equivalent. Estimated daily operational emissions of greenhouse gases associated with the Project are shown in Table 4.9-2. Emissions are expressed in COz equivalent metric tons per year. Expressing emission in COZ equivalent metric tons per year accounts for the greater global warming potential of inethane and nitrous oxide. Table 4.9-2. Project Greenhouse Gas Emissions in Metric Tons Per Year (COZ Eq.) Vehicles Area Sources Indirect Sources Total 461.3 113.1 72.61 647.01 Source: Don Ballanti, 2008 Cumulative im~acts of Pro'lect• Consistency of Project with GHG reduction measures urider AB 32 and other State regulc~tions. The California Climate Action Team (CAT) and the California Air Resources Board (ARB) have developed programs and measures to achieve the GHG reduction targets under AB 32 and Executive Order S-3-05. These include the CAT's 2006 "Report to Governor Schwarzenegger and the Legislature," ARB's "Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California, " and ARB's "Climate Change Proposed Scoping Plan: a framework for change." The reports identify strategies to reduce California's emissions to the levels proposed in Executive Order S-3-05 and AB 32. Only some of these measures are applicable to the proposed Project which is a residential development. The strategies that apply to the Project are contained in Table 4.9-3, which discusses the extent to which the Project complies with the strategies to help California reach the GHG emission reduction targets. Neilsen Project/Draft Supplemental EIR Page 107 ~ City of Dublin January 2009 PA #07-057 :~ a73 ~~~ ~ Table 4.9-3. Project Compliance with Greenhouse Gas Emission Reduction Strategies Vehicle Climate Change Standards.' AB 1493 (Pavley) required the state to develop and adopt regulations that achieve the maximum feasible and cost-effective reduction of climate change emissions emitted by passenger vehicles and light duty trucks. Regulations were adopted by the ARB in September 2004. Building Energy Efficiency Standards in Place and in Progress.8 Public Resources Code 25402 authorizes the Energy Commission to adopt and periodically update its building energy efficiency standards (that apply to newly constructed buildings and additions to and alterations to existing buildings). Energy Efficiency.9 Maximize energy efficiency building and appliance standards, and pursue additional efficiency efforts. Reductions could be achieved through enhancements to existing programs such as increased incentives and even more stringent building codes and appliance efficiency standards. Green buildings offer a comprehensive approach to reducing greenhouse gas emissions that cross-cut multiple sectors including Energy, Water, Waste, and Transportation. Appliance Energy Efficiency Standards in Place and in Progress. 10 Public Resources Code 25402 authorizes the Energy Commission to adopt and periodically update its appliance energy efficiency standards (that apply to devices and equipment using energy that are sold or offered for sale in California). Measures to Improve Transportation Energy Efficiency.11 Builds on current efforts to provide a framework for expanded and new initiatives including incentives, tools, and information that advance cleaner ect Compliant. The vehicles from the Project wil be in compliance with any vehicle standards that the ARB adopts. Compliant. The proposed project will be required to comply with the updated Title 24 standards for building construction including exterior lighting requirements. Residential building constructed in 2011 would be required to comply with the 2007 California Green Building Code Standards. As described below, the proposed Project includes other measures which will reduce energy and water use and promote alternative transportation. The Project shall also incorporate Green Building Measures. A Green Building plan will be submitted to the City Building Official for review and all dwellings shall follow the "Build it Green" program with the goal of obtaining 50 points. (Build It Green is a non- profit organization whose mission is to promote healthy, energy- and resource- efficient building practices in California.) Compliant. Appliances that are purchased tor the Project will be consistent with existing energy efficiency standards. The proposed Project will include energy efficient heating and cooling systems, appliances and equipment, and control systems. The Project Proponent will also provide education to home buyers on energy efficiency in their homes Compliant. 'l~he proposed 1'roject promotes programs which encourage walking, bicycling and public transportation use through site planning and design elements. The proposed Project includes sidewalks throughout Project ~ California Environmental Protection Agency Schwarzenegger and the Legislature. March. 8 Ibid. 2006. Climate Action Team Report to Governor ~ California Air Resources Board. 2008. Climate Change Draft Scoping Plan: a framework for change. June. 10 California Environmental Protection Agency Schwarzenegger and the Legislature. March. ~~ Ibid. Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 2006. Climate Action Team Report to Governor Page108 January 2009 ~_ r„.. a ~~ ~ transportation and reduce climate change emissions. 5mart Land use ana tnte111gent Transportation Systems (ITS).12 Smart land use strategies encourage jobs/ housing proximity, promote transit-oriented development, and encourage high-density residential/ commercial development along transit corridors. ITS is the application of advanced technology systems and management strategies to improve operational efficiency of transportation systems and move- ment of people, goods and services. Water Use Efficiency." Approximately 19~~0 of all electricity, 30°0 of all natural gas, and 88 million gallons of diesel are used to convey, treat, distriUute and use water and wastewater. Increasing the efficiency of water transport and reducing water use would reduce greenhouse gas emissions. Waste reduction and recycling: Keduce amount of waste generated by projects and increase recycling of products site and incorporates access to sidewalks and pathways off site to ensure that destinations may be reached by walking or bicycling. Air Quality mitigation measure SM-AIR-1 also requires other measures to promote use of alternative transportation to vehicle use. Compliant. The proposed Project locates residential uses near transit stops on local transportation corridors, which can be considered smart land use. The proposed Project is an infill Project adjacent to existing development, and it is located on Tassajara Road, which is a major transportation corridor serving both Alameda and Contra Costa counties. Additionally, the Project Proponent shall negotiate with LAVTA for the construction or reservation of land for transit facilities such as bus turnouts/bus bulbs, benches, and related public transit facilities, provide on site bicycle land and/or paths, connected to community-wide network, and provide on site sidewalks and/or paths, connected to adjacent land uses, transit stops, and/or community-wide network. c.omp~iant. i ne proposea rro~ect wiii incorporate water- conservation measures, including water efficient fixtures and appliances, water-efficient landscaping and design, the use of water efficient irrigation systems and devices, will be using reclaimed water for landscape irrigation, and will employ water conservation measures required by the City of Dublin (Chapter 8.88) Compliant. The proposed 1'roject will reuse and recycle construction and demolition waste including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard, as required by the City of Dublin Municipal Code (Chapter 7.30, Waste Management Plan). ~~~ GHG reduction measures applicable to Project The Project's GHG emissions will be reduced by compliance with existing City policies and regulations and the implementation of mitigation measures under this EIR and the EDSP EIR. The Project also includes certain components that will reduce GHG emissions. All of these measures that will reduce GHG emissions from the Project are described below. City regulations that reduce Project GHG emissions " 1z Ibid. 13 Ibid. Neilsen ProjecUDraft Supplemental EIR Page 109 City of Dublin January 2009 PA #07-057 ~~~ ~ 7~ ~- The Dublin Municipal Code, Eastern Dublin Specific Plan, City Ordinances, and standard practices will all contribute to reducing the GHG emissions of the proposed Project. Several city-wide GHG-reducing measures that will apply to the proposed Project are described below: 1. The Project will be required to comply with the Chapter 8.88 of the Dublin Municipal Code (Water Efficient Landscaping Regulations), which establishes a sufficient but flexible structure for designing, installing and maintaining water- efficient landscapes. 2. The Project will be required to comply with Chapter 7.30 of the Dublin Municipal Code (Waste Management Plan), which requires the diversion of at least fifty percent (50%) of all Project-related construction and demolition debris from the landfill. 3. The Project will be required to comply with California's Energy Efficiency Standards for Residential and Nonresidential Buildings. 4. In addition to a traditional garbage can, all single-family homes citywide are provided, at no extra cost, with one 64-gallon cart for curbside recycling (glass, paper, metal, plastics) and one 64-gallon cart for curbside green waste and organics disposal. In addition to these services, which serve to minimize the amount of waste headed for the landfill, the City also provides for oil filter collection, household hazardous waste drop-off events, household battery recycling, and on-call large item collection. Project cornponents that will reduce GHG emissions In addition to the above City regulations that reduce Project GHG emissions, there are also Project-specific measures which are proposed to be incorporated into the Project which will serve to reduce the GHG impacts. The Project Proponent has committed that the Project will incorporate the following measures, which will be included in the Planned Development Zoning Ordinance once the Project is approved. Energy Efficiency 1. Install energy efficient heating and cooling systems, appliances and equipment, and control systems in each residential unit. 2. Provide education to home buyers on energy efficiency in their homes. 3. Incorporate Green Building Measures. The Green Building plan shall be submitted to the City Building Official for review, and all dwellings shall follow the "Build it Green" program with the goal of obtaining 50 points. 4. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for "Cool Roofs". Water Conservation and Efficiency 5. Create water efficient landscapes including the use of drought-tolerant species. Neilsen ProjecUDraft Supplemental EIR Page 110 City of Dublin January 2009 PA #07-057 ~ ~ a ~~ ~ ~s~- 6. Install water-efficient irrigation systems and devices such as soil moisture-based irrigation controls. 7. Use reclaimed water for landscape irrigation. 8. Design each residential unit to be water efficient and install water efficient fixtures and appliances. 9. Design the Project site to maintain the existing hydrologic character of the site to manage storm water and protect the environment. The proposed Project also incorporates storm water retention in a pond on an adjacent piece of property. 10. The Project shall have a Storm Water Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices appropriate to the Project construction activities. The SWPPP shall also include the erosion control measures. 11. Provide education to home buyers on water conservation and available programs and incentives. Solid Waste Measures 12. Reuse and recycle construction and demolition waste including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard. 13. Provide education to home buyers on reducing waste and available recycling services. Trarzsportation and Accessibility 14. Create travel routes that allow people to access destinations by public transit as well as by walking and bicycling. Sidewalks are provided throughout the Project site that connect with the citywide network of pedestrian and bicycle paths, linking schools, parks, and other public destinations. In addition to the City regulations and Project-specific measures that will serve to reduce Project GHG emissions, there are also Mitigation Measures and requirements of the Eastern Dublin Specific Plan (EDSP) and/or the Eastern Dublin EIR which will serve to reduce the GHG impacts. 1. Action Program 5B of the EDSP requires review and approval of (1) Public transit routes and phasing plan, to be prepared in consultation with LAVTA. (2) Bus turnouts and transit shelters, in consultation with LAVTA, and (3) Pedestrian paths between transit stops and building entrances. The proposed Project is coordinating with LAVTA on the above. 2. Action Program 5B of the EDSP requires the establishment of a bicycle circulation system to help serve the need for non-motorized transportation and recreation in Dublin. The proposed Project is accessible to the City's bicycle circulation system. 3. Action Program 5B of the EDSP requires projects to include a detailed pedestrian circulation plan. The proposed Project includes said plan. Neilsen ProjecUDraft Supplemental EIR Page 111 City of Dublin January 2009 PA #07-057 a~~ ~ 75g ~... 4. Eastern Dublin EIR Mitigation Measure No. 3.3/ 15.0 requires the extension of transit service within 1/4 mile of 95% of the Project area population. The proposed Project is currently .70 miles from the nearest bus stop, but the Project Proponents are consulting with LAVTA to see if services changes are merited at this time. 5. Eastern Dublin EIR Mitigation Measure No. 3.4/46.0 requires developers to demonstrate the incorporation of energy conservation measures into the design, construction, and operation of proposed development. The proposed Project is accomplishing this as referenced in the project-specific energy conserving measures noted above. 6. Eastern Dublin EIR Mitigation Measure No. 3.5/7.0 requires project applicants to prepare detailed wastewater capacity investigations, including means to minimize wastewater flows. The proposed Project is accomplishing this as referenced in the project-specific water conserving measures noted above. In addition to the City regulations and project-specific measures that will serve to reduce Project GHG emissions, there are also two mitigation measures included in this EIR which will serve to further reduce the GHG impacts: Su~plemental Mitigation Measure SM-AIR-1 (consistency with Clean Air Plan): If the requested land use entitlements are approved, the City of Dublin shall transmit appropriate documentafiion of land use buildout to the BAAQMD for inclusion into the next update of the regional Clean Air Plan. In addition, the following steps shall be taken by the Project Applicant: f) The Project proponent shall negotiate with LAVTA for the construction or reservation of land for transit facilities such as bus turnouts/bus bulbs, benches, and related public transit facilities. g) Provide on site bicycle land and/or paths, connected to community-wide network. h) Provide on site sidewalks and/or paths, connected to adjacent land uses, transit stops, and / or community-wide network. i) Allow only natural gas fireplaces and heating stoves. No wood burning devices shall be allowed. j) Require dwellings to have outdoor electrical outlets to encourage the use of electric lawn and garden equipment for landscaping and maintenance. k) Install ENERGY-STAR appliances. Su~plemental Mitigation SM-AQ-2 (construction impacts). In addition to measures identified in MM 3.11 / 1.0 of the Eastern Dublin EIR, the City of Dublin shall: a) Require construction contractors to water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. . Neilsen Project/Draft Supplemental EIR Page 112 City of Dublin January 2009 PA #07-057 ~ ~ ~~ ~b~ ~p ~-~'S~;-- l b) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. d) On-site idling of construction equipment and trucks shall be minimized as much as feasible (no more than five minutes maximum). e) All construction equipment shall be properly tuned and fitted with manufacturer's standard level exhaust controls. Based on the foregoing analysis, the proposed Project would not have a cumulatively considerable contribution to the significant cumulative impact of global warming because the Project does not conflict with or obstruct the implementation of greenhouse gas reduction measures under AB 32 or other state regulations. The GHG emissions from the proposed Project will be reduced by compliance with City regulation, mitigation measures (in this EIR and the EDSP EIR) and Project components described above. Therefore, the Project's contribution to the cumulative impact of global warming is less than significant. 4.10 Noise Noise impacts were analyzed in Chapter 3.9 of the Eastern Dublin EIR. This supplement examines whether any changes in the proposed Project or applicable standards would result in new impacts that were not previously identified in the 1993 EIR. Information in this section is based on a technical memorandum prepared by the firm of Charles Salter Associates dated May 15, 2008 that is incorporated by reference into this DSEIR and included as Appendix 8.8. ENVIRONMENTAL SETTNG Environmental noise fundamentals. Noise can be defined as unwanted sound and is commonly measured with an instrument called a sound level meter. The sound level meter "captures" sound with a microphone and converts it into a number called a sound level. Sound levels are expressed in units of decibels (dB). To correlate the microphone signal to a level that corresponds to the way humans perceive noise, the A-weighting filter is used. A-weighting de-emphasizes low- frequency and very high-frequency sound in a manner similar to human hearing. The use of A-weighting is required by most local agencies as well as other federal and state noise regulations (e.g. Caltrans, EPA, OSHA and HUD). The abbreviation dBA is often used when the A-weighted sound level is reported. Because of the time-varying nature of environmental sound, there are many descriptors . that are used to quantify the sound level. Although one individual descriptor alone "~ does not fully describe a particular noise environment, taken together, they can more Neilsen ProjecUDraft Supplemental EIR Page 113 City of Dublin January 2009 PA #07-057 ~-..~ ~ 75~ ~ ~ ~ accurately represent the noise environment. There are four descriptors that are commonly used in environmental studies; the Lmax, Leq, L90 and DNL (or CNEL). The maximum instantaneous noise level (Lmax) is often used to identify the loudness of a single event such as a car pass-by or airplane flyover. To express the average noise level, the Leq (equivalent noise level) is used. The Leq can be measured over any length of time but is typically reported for periods of 15 minutes to 1 hour. The background noise level (or residual noise level) is the sound level during the quietest moments. It is usually generated by steady sources such as distant freeway traffic. It can be quantified with a descriptor called the L90 which is the sound level exceeded 90 percent of the time. To quantify the noise level over a 24-hour period, the Day/Night Average Sound Level (Ldn/DNL) or Community Noise Equivalent Level (CNEL) is used. These descriptors are averages like the Leq except they include a 10 dBA penalty for noises that occur during nighttime hours (and a 5 dBA penalty during evening hours in the CNEL) to account for peoples increased sensitivity during these hours. In environmental noise, a change in the noise level of 3 dBA is considered a just noticeable difference. A 5 dBA change is clearly noticeable, but not dramatic. A 10 dBA change is perceived as a halving or doubling in loudness. Existing noise conditions. On January 15 and 16, 2008, a long-term noise measurement was conducted along Tassajara Road to document the current on-site noise exposure ~ from this roadway. At a distance of approximately 80 feet east of the current Tassajara , Road median centerline and at a height of 38 feet above the roadway elevation, a noise exposure of CNEL 66 dB was documented based on this measurement. .~ Additionally, a short-term noise measurement was conducted at the proposed side yard of Lot 9 at a location where the future graded elevation would be the same as the current existing elevation. At a distance of 140 feet east of the current Tassajara Road median centerline, a CNEL of 60 dB was documented at this location. For the second floor noise exposure, the CNEL is estimated to be another 2 to 3 dB greater. It was noted that children playing outside at the adjacent Quarry Lane School did not measurably contribute to these noise levels. Other noise sources, such as mechanical equipment or schoolyard bell, were not heard during this measurement period. During measurements, no noise from Parks RFTA was noted. However, in 2003 a noise analysis for the Dublin Ranch West project (also known as the Wallis Ranch) was prepared by this consultant, where some seasonal and intermittent noise sources from Parks RFTA was identified. These sources included helicopters, gunshots at firing ranges, and military training exercises. For additional information, the Army had also prepared an Environmental Noise Management Plan for Parks RFTA, dated December 2000. Future purchasers of properties within the Project Site will be required to be provided with disclosure of the potential presence of noise generated by aircraft operations at Parks RFTA pursuant to SB 1462. Neilsen ProjecUDraft Supplemental EIR Page 114 ~ City of Dublin January 2009 PA #07-057 ~ ~~~~ ~ ~5~ Future Noise Levels. The future build-out noise levels for the proposed widened and the re-aligned Tassajara Road was calculated. Tassajara Road is proposed to be widened from two to six lanes, and the median centerline is planned to be relocated approximately 33 feet to the west of the current centerline. The build-out noise levels for this roadway adjacent to the Project is based on the recent traffic volume predictions summarized in the TJKM Transportation Consultants Traffic Study for the Silvera Ranch Development, dated September 8, 2003. For Tassajara Road, the build-out CNEL is calculated to be 76 dB at a distance of 50 feet east of the median centerline. This noise increase reflects the projected quadrupling of traffic volumes in this future scenario. Incorporating the roadway re-alignment, the build-out CNEL would be approximately 4 dB greater than the existing levels measured on-site. The approximate location of the Build-out CNEL 65 dB contour, incorporating the future grading, is shown in the full acoustic report. Regulatory framework. The City of Dublin has a Noise Element and Noise Ordinance. The Dublin Noise Element is found in Chapter 9 of the City's General Plan. It contains a guiding policy to mitigate traffic noise levels to those indicated by Table 9.1 of the Noise Element. For residential development, a CNEL of 60 dBA or less is considered "Normally Acceptable." A CNEL of 60 to 70 dBA is "Conditionally Acceptable" and requires that noise insulation features be included in the project design. A CNEL of 70 to 75 dBA is "Normally Unacceptable" for residences. For offices and retail commercial, the City is more lenient since these uses are considered less noise sensitive. A CNEL of 70 dBA or less is normally acceptable while a CNEL of 70 to 75 dBA is conditionally acceptable. The current Airport Land Use Policy Plan for Alameda County was adopted by the Alameda County Airport Land Use Commission on July 16, 1986. The ALUC Plan also contains noise contour maps and a referral area map. In 2004, The California Assembly adopted AB 2776. AB 2776 requires disclosure of all existing and proposed airports within two statute miles of a residential subdivision. IMPACTS AND MITIGATION MEASURES FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR identified a number of potentially significant impacts related to noise. These include: IM 3.10/A (Exposure of Proposed Housing to Future Roadway Noise) identified future vehicular traffic associated with development proposed in the Eastern Dublin Specific Plan as potentially significant to future residents of Eastern Dublin. This impact would be mitigated to a level of insignificance through adherence to Mitigation Measure 3.10/ 1.0 that requires acoustic studies for all future residential development in the Eastern Dublin area. The goal of the study is to ensure that interior noise levels of future dwellings will be 45 CNEL or less. Neilsen ProjecUDraft Supplemental EIR Page 115 City of Dublin January 2009 PA #07-057 °z~l ~ 7~8 ~ ~ IM 3.10/B (Exposure of Existing Residences to Future Roadway Noise) would be a potentially significant impact to residents in the Eastern Dublin area as development occurs in accord with the Eastern Dublin General Plan Amendment and Specific Plan. This impact would be reduced through adherence to Mitigation Measure 3.10/2.0, which required future development projects to provide noise protection to existing residential uses in Eastern Dublin; however, noise impacts to existing residents along Fallon Road would remain significant and unavoidable. IM 3.10/C (Exposure of Existing and Proposed Development to Airport Noise) was considered an insignificance impact and no mitigation was required. IM 3.10/D (Exposure of Proposed Residential Development to Noise from Future Military Training Activities at Parks Reserve Forces Training Area and the County Jail) identified potentially significant noise for future residents within 6000 feet of Parks RFTA. This impact would be reduced through adherence to Mitigation Measure 3.10/3.0 that requires acoustic studies for development near Parks RFTA for the Alameda County Government facility; however, reduction of noise from Parks RFTA may not be feasible, so this impact would be significant and unavoidable. IM 3.10 / E(Exposure of Existing and Proposed Residences to Construction ,, Noise) would be a potentially significant impact related to noise associated with construction of the proposed Eastern Dublin Specific Plan improvements, ~ including but not limited to buildings, roads, and utilities. Adherence to Mitigation Measures 3.10/4.0 and 5.0 would reduce construction noise impacts to a level of insignificance through preparation and submittal of Construction ~ Noise Management Plans and compliance with local noise standards. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES The same type of development is proposed for this Project as was assumed in the Eastern Dublin EIR, although a greater number of dwellings would be built, if the requested land use entitlements were to be approved by the City of Dublin. Significance Criteria. Implementation of the Project would be considered to have a significant impact with respect to noise if it were to: • Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; • Cause a substantial permanent increase in ambient noise levels in a project vicinity above existing levels without a project; or • Expose people residing or working in a project area to excessive noise levels. Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 Page 116 January 2009 ~ ~~~ ~ ~~~ Significant supplemental impacts. This SEIR addresses new or more significant impacts related to noise beyond any noise impacts analyzed in the 1993 Eastern Dublin EIR. One such impact has been identified Exterior and interior noise exposure. The outdoor use areas of proposed dwelling units on the Project Site are required to meet the City's outdoor noise standard of CNEL 65 dB. The Build-out CNEL at the backyards of homes on Lots 1 to 3 would be a high as 67 dB without any noise mitigation. This level exceeds the City's goal by 2 dB. This would be a significant supplemental impact. Noise levels generated by traffic along Tassajara Road could also result in potenkially supplemental noise levels for interior portions of upper floors for dwellings adjacent to Tassajara Road. Su~plemental Impact SM-NOISE-1(exterior and interior noise exposure): Noise levels adjacent to the Project Site along Tassajara Road would exceed City exterior noise exposure levels for the rear yards of proposed Lots 1 through 3 and for any balconies and upper floor windows facing Tassajara Road. Interior noise levels within upper floors for dwellings facing Tassajara Road could also exceed City and State requirements (potentially significant impact and mitigation requirec~. This impact would be a significant impact and would be reduced to a less-than- significant level by adherence to the following measure which requires installation of a noise barrier wall to reduce future noise levels in the rear yard areas of Lots 1 through 3 to be consistent with City of Dublin noise exposure levels. Solid railings would also be required for any upper floor balconies facing Tassajara Road. Su~lemental Mitigation Measure SM-NOISE-1(exterior and interior noise exposure): The following features shall be incorporated into final building plans: a) For Lots 1 through 3, a minimum 6-foot-tall property line noise barrier shall be installed to acoustically shield future Tassajara Road traffic noise. Noise barriers could include either a masonry sound wall or an acoustical wood fence. b) For any upper floor balconies for homes constructed on Lots 1 through 9 that would face west, 3-1/2-foot-tall, solid railing shall be installed to acoustically shield Tassajara Road noise to seated receivers'a c) Upper floor windows facing Tassajara Road shall be sound-rated and non- operable to ensure that interior noise standards are met. Less-than-significant impacts. The technical noise memo prepared by Charles Salter Associates identified other potential impacts associated with the Project, including Project consistency with interior noise standards, noise sources from Parks RFTA and construction impacts of the proposed Project. These potential impacts are not considered new noise impacts, but are identified in the Eastern Dublin EIR as Impact 3.10/A (Exposure of Proposed Housing to Future Roadway Noise) that requires future dwellings to meet interior noise levels (Mitigation Measure 3.10/1.0), 3.10/D (Exposure 14 Based on a 25 April 2008 teleconference ~vith Lisa Vilhauer, Erica Fraser, City of Dublin Senior Planner, said it was okav to use a"seated receiver" ~osition for balconv noise analvses. Neilsen ProjecUDraft Supplemental EIR Page 117 City of Dublin January 2009 PA #07-057 ag3 ~Sg-- ~ of Proposed residential Development to Noise from Future Military Training Activities from Parks RFTA) that is mitigated by Mitigation Measure 3.10 / 3.0 and Impact 3.10 / E (Exposure of Existing and Proposed Residences to Construction Noise) that is mitigated by adherence to Mitigation Measures 3.10/4.0 and 5.0. Regarding potential noise impacts of Project-generated traffic upon adjacent land uses primarily caused by Project traffic, the Charles Salter Associates techrucal memorandum found that the noise contribution due to the Project was calculated to be 0.5 dB off of the Project Site. This noise contribution is not considered a noticeable or a significant increase under the significance standard for change in existing noise levels, so the impact of proposed Project traffic is less than significant. Regarding the potential noise impact of Quarry Lane School on the Project, children playing outside at the school was found not loud enough to measurably contribute to the existing onsite noise environment. Other school noise sources, such as mechanical equipment or schoolyard bells, though potential audible onsite, are not expected to increase the overall noise levels. Therefore, Quarry Lane School is not predicted to acoustically impact the Project. Although the impact of construction impacts of the proposed Project will be reduced to a less-than-significant level by adherence to EDSP Mitigation Measure 3.10/E that requires individual project developers to prepare and implement Construction Noise Management Plans, the Charles Salter Acoustic Report recommends that the following items be included in the Construction Noise Management Plan for the Neilsen Project: 1. All noisy stationary equipment should be located away from the school and existing homes. 2. All construction equipment should be in good working order and include proper mufflers. 3. Designate a construction site noise coordinator who would be available to respond to neighbors' complaints and take appropriate measures to reduce noise. 4.11 Hazards and Hazardous Materials ENVIRONMENTAL ISSUES This section of the EIR addresses potential soil contamination. Information in this section is based on a Phase I Environmental Site Assessment prepared for the Project by Berlogar Geotechnical Consultants completed in June 2008. This report is incorporated by reference into this EIR and is available for review at the Dublin Planning Division during normal business hours. Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page 118 ~ January 2009 ~ ~: a~~ ~5~ ~ ENVIRONMENTAL SETTING The Project Site contains residential and seasonal commercial land uses. Existing improvements consist of a detached single family residence with an associated garage, swimming pool and pool house at the top of the existing hill. One unmanned cell tower facility has also been built near the existing residence and one facility is located near Tassajara Road. The remaining portion of the Site is undeveloped with the exception of a horse corral and a second dwelling (agricultural mobile home) located at a lower elevation and north of the main residence. The Phase 1 report notes that the main dwelling was constructed in the 1970's and may contain asbestos building materials and lead based paints. The Phase 1 report also notes the presence of a diesel-powered generator and fuel tank that are related to a cell tower facility. Two above-ground storage tanks have been built on metal stands, each containing an estimated 1,000 gallons of fluid material. A pole- mounted transformer is located south of the main residence. No leakage of contaminants was observed from the transformer. Based on a search of available local, state and federal records, no contamination cases have been found on the Project Site. ENVIRONMENTAL IMPACTS Standards of Significance. A project would be considered to result in a significant impact if there would be a reasonably foreseeable hazard due to the release of hazardous materials into the environment. Supplemental impacts. Based on the Berlogar Phase I analysis, the Project Site is generally free from significant sources of contaminants. However, the analysis notes that the possible release of asbestos and lead based paint from the demolition of existing Site improvements into the atmosphere could be a significant supplemental impact. The Berlogar analysis has determined that the main dwelling on the Site was built in the 1970's when use of asbestos containing building materials and lead based paints was common. The proposed Project includes demolition of the main dwelling, the second dwelling and other existing Site improvements. Demolition could release asbestos and lead based paint materials, which could result in a potentially significant supplemental impact if not remediated. Supplemental Impact SM-HAZ-1 (asbestos and lead based paint): Demolition of existing buildings and related improvements could result in potentially significant irnpacts due to release of asbestos and lead based paint into the atmosphere. There could also be a release of polychlorinated biphenyls (PCBs), which are listed as a Neilsen Project/Draft Supplemental EIR Page 119 City of Dublin January 2009 PA #07-057 ~i 5 r7 5~ ~ ~ pollutant of concern on the City's Regional Permit for Stormwater (potentially significant and mitigation required). The following mitigation measure is recommended to reduce potential impacts from asbestos and lead based paints to a less than significant level by removing asbestos and lead based paints prior to building demolition. Su~plemental Mitigation Measure SM-HAZ-1 (asbestos and lead based paint): The following actions shall be taken before issuance of the first demolition permit, if multiple permits are issued by the City: a) Asbestos containing material shall be tested for, and if found, removed by a licensed contractor and disposed of in a landfill licensed to accept this level of contaminated material. If required, a permit shall be obtained from the Bay Area Air Quality Management District prior to commencement of work. b) Testing and analysis for lead based paints and PCBs shall be conducted. If such materials are found, remediation shall be completed by a licensed contractor. Necessary permits shall be obtained prior to commencement of work. Neilsen ProjecUDraft Supplemental EIR Page 120 City of Dublin January 2009 PA #07-057 ~ ~ ~ ~6 ~ ~.~~- 5.0 Alternatives to the Proposed Project The California Environmental Quality Act requires identification and comparative analysis of feasible alternatives to the proposed Project that have the potential to feasibly achieve Project objectives, but would avoid or substantially lessen any significant impacts of the Project. This Supplemental EIR identifies the following significant and unavoidable impacts: regional cumulative air quality impacts, cumulative (Year 2025) traffic impacts, impacts to mainline freeway operations near the Project Site and visual resource impacts. The following discussion considers alternative development scenarios. Through comparison of these alternatives to the proposed Project, the advantages of each can be weighed and considered by the public and by decision-makers. CEQA Guidelines requires a range of alternatives "governed by a rule of reason" and requires the EIR to set forth a range of alternatives necessary to permit a reasoned choice. 5.1 Alternatives Identified in the Eastern Dublin EIR The Eastern Dublin EIR was prepared for a General Plan Amendment encompassing approximately 6,920 acres of land and for a Specific Plan for 3,328 acres within the General Plan Amendment area. The General Plan Amendment and Specific Plan (GPA/SP) proposed a variety of types and densities of housing, as well as employment- generating commercial, campus office and other land uses. Other portions of the planning area were designated for schools, open space and other community facilities. Protection for natural features of the planning area, including riparian corridors and principal ridgelands, was provided through restrictive land use designations and ~ policies. The land use plan reflected the Eastern Dublin Project objectives as set forth in the Eastern Dublin EIR, Section 2.5. As required by CEQA, the Eastern Dublin EIR identified project alternatives that could eliminate or reduce significant impacts of the Eastern Dublin project. The four identified alternatives included: No Project, Reduced Planning Area, Reduced Land Use ~ Intensities and No Development. These are described below: No Project Alternative. The No Project alternative evaluated potential development of ;~ the GPA/SP area under the then-applicable Dublin General Plan for the unincorporated portion of the planning area under the Alameda County General Plan. ~~ Reduced Planning Area Alternative. The Reduced Planning Area Alternative evaluated development of the Specific Plan as proposed, but assumed development beyond the Specific Plan only to the Dublin Sphere of Influence boundary. The effect of this alternative was to exclude Upper and Lower poolan Canyon properties from the :~ project. Neilsen Project/Draft Supplemental EIR Page 121 .r City of Dublin January 2009 PA #07-057 ~~ ~ ~ 7s~ ~ ~. Reduced Land Use Intensities Alternative. The Reduced Land Use Intensities Alternative evaluated potential development of the entire GPA/SP area, but reduced some higher traffic generating commercial uses in favor of increased residential dwellings. No Development. The No Development Alternative assumed no development would occur in the planning area other than agricultural, open space and similar land uses then in place. The Dublin City Council certified the Eastern Dublin EIR on May 10, 1993, under Resolution No. 51-93. The City Council found the No Project, Reduced Land Use Intensities and No Development alternatives infeasible and then approved a modification of the Reduced Planning Area Alternative rather than the GPA/SP project as proposed (Resolution No. 53-93). This alternative was approved based on City Council findings that this alternative land use plan would reduce land use impacts, would not disrupt the Doolan Canyon community, would reduce growth-inducing impacts on agricultural lands and would reduce traffic, infrastructure and noise impacts of the originally proposed Eastern Dublin project. Even under this alternative project, however, significant unavoidable impacts would remain. Therefore, upon approval of the GPA/SP, the City Council adopted a Statement of Overriding Considerations (Resolution No. 53-93). 5.2 Alternatives Identified in the 2008 Supplemental EIR Alternatives selected for analysis in this Supplemental DEIR document include: • Alternative 1: No Project/No development (required by CEQA to be considered). • Alternative 2: Clustered Development. • Alternative 3: Reduced Project. Alternatives are described and evaluated below. 5.3 No Proj ect CEQA requires an analysis of a"no project" alternative. Under this alternative, the existing single-family residence, agricultural mobile home, horse arena, wireless communication facilities and other site improvements would remain. This alternative would avoid the range of environmental impacts described in this document, including: ~ Land Use: No changes to land uses would occur and existing single-family dwellings and accessory buildings would remain. No supplemental impacts with regard to this topic would occur. Impact would be less than impact of proposed Project. Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 ~ Page 122 January 2009 ~~ ~ ~ -~~~. • Population and Housing: The existing on-site population would remain with no increases in either on-site population or housing. No displacement or removal of dwellings would occur and no supplemental impacts with regard to this topic would occur. Impact would be less than impact of proposed Project. ~ Traffic and Circulation: Existing traffic patterns on local and regional roadways would continue as they currently exist. No increase in public transit demand would occur. Impact would be less than impact of proposed Project. Water ~ Storm Drainage: The water demand would continue to be met by on-site water wells. In terms of storm drainage, existing drainage patterns on the Site would remain unchanged since no construction would occur. No increases in the amount of stormwater runoff or associated runoff would occur since there would be no increase in the amount of impervious surfaces on the Site. Impact would be less than impact of proposed Project. Soils, Geology ~ Seismicity: No excavation, grading or related activities would occur. No significant increases in the amount of erosion from the Site is therefore anticipated. Similarly, there would be no anticipated impacts related with exposing new and additional building improvements, residents and visitors to the potential of seismic and geotechnical hazards since the number of dwellings on the Site would not increase. Impact would be less than impact of proposed Project. ~ Biological Resources: There would be no impacts to existing on-site biological resources, since no additional dwellings or significant ground disturbing activities would occur on the Site. Impact would be less than impact of proposed Project. • Visual Resources: There would be no aesthetic change to the Site. Buildings, parking and landscaping would remain as they presently exist, as would current levels of light and glare. Impact would be less than impact of proposed Project. • Cultural Resources: There would be no impacts to cultural resources since no construction or disruption of the soil would occur. Impact would be similar to or less than impact of proposed Project. • Air Quality: Existing sources of air emissions on the Site would remain. There would be no short-term air quality impacts associated with demolition of existing dwellings and construction of new dwellings and other improvements. No long-term operational increase from vehicle emissions would occur since no new trips would be created. There would be no increase in the amount of greenhouse gas emissions from additional dwellings on the Site. Impact would be less than impact of proposed Project. Neilsen ProjecUDraft Supplemental EIR Page 123 City of Dublin January 2009 PA #07-057 ~9~~~ ~ ~ • Noise: Existing major noise generators near the Site would remain, including Tassajara Road and Parks RFTA. No additional traffic would be generated by existing land uses, so there would be no supplemental impacts caused by vehicles. Impact would be less than impact of proposed Project. • Hazards and Hazardous Materials: There would be no demolition of existing dwellings that would release contaminants into the atmosphere. Impact would be less than impact of proposed Project. 5.4 Alternative 2: Clustered Development The second alternative assumes removal of the smaller secondary dwelling, the retention of the primary existing dwelling unit, and other improvements on the Site and '"~ construction of 32 three-story townhouses and 5 single-family dwellings for a total of 37 dwellings. Townhouse dwellings would be located in the western and northern portion of the Site and would be "stepped" to conform to topographic constraints and minimize grading. The dwellings would have a maximum height of approximately 40 feet. Individual rear yards would not be provided due to topographic constraints. The five single-family dwellings would be located on the southeastern portion of the Site, east of the existing main dwelling and would have a flat pad design. The dwellings would have a maximum height of approximately 35 feet. The existing main dwelling on the Site and surrounding yard area at the top of the knoll in the southeastern portion of the site would remain. The approximate central portion of the site would remain as open space, although a portion of this open space area would need to be graded to allow for construction of the roadway and proposed dwellings, along with reconstructing the knoll for adequate slope stability and prevention of erosion. Access to the Site under this Alternative would be from Silvera Ranch Road, the same as the proposed Project that would lead to a semi-circular internal roadway that would serve the proposed hilltop dwellings. Amendments to the Dublin General Plan and Eastern Dublin Specific Plan would be required to implement this Alternative, as would be required for both Alternative 2 and the Proposed Project. The existing "Rural Residential / Agriculture" land use designation would need to be replaced with a land use designation of "Single Family." Exhibit 5.2-1 shows this Alternative. Anticipated impacts associated with this Alternative would include: • Land Use: Similar to proposed Project, Alternative 2 would require an amendment to the General Plan and EDSP to change the land use designation from "Rural Residential / Agriculture" to "Single Family Residential." Neilsen ProjecUDraft Supplemental EIR City of Dublin PA #07-057 ~ Page 124 January 2009 • ~ ~ ~~~ ~~g Population and Housing: Based on the following table, Alternative 2 would generate a slightly smaller resident population than the proposed Project. Based on the Table 5.2-2, a total of 81 residents could reside on the Site (including the existing dwelling and deducting loss of the agricultural dwelling unit). This would be smaller than the estimated 115 that could reside on the Site under the proposed Project, but this would not be a significant supplemental impact in comparison to the number of dwellings and residents allowed in the Eastern Dublin planning area. This impact would be less than the proposed Project. Table 5.2-2. Proposed Project v. Alternative 2 Population Generation Residential T e Persons DU Proposed Project Alternative 2 D.U. Po D.U. Po . Single Family Residential 3.2 36 115. 6 19 Attac ed Residential 2.0 0 0 31 62 Totals 36 115 37 81 Note: household population based on Section 1.8.1 of the Dublin General Plan and 4.8.1 of the Eastern Dublin Specific Plan • Traffic and Circulation: Table 5.2-3 compares the buildout a.m. and p.m. peak hour trips between the proposed Project and the larger number of dwellings included in Alternative 2. Table 5.2-3. Trip Rate Comparison Land Use Dwellin s A.M. Peak Tri s P.M. Peak Tri s Proposed Project 36 single family 27 33 subtotal 27 33 Alternative 2 6 single family 5 6 31 15 17 attached/ townhous subtotal 20 23 Difference -7 -10 Source: trip rates from ITE Handbook As shown in the table, the number of a.m. peak hour trips would be less than the '~' proposed Project due to a lower peak hour trip rate for attached dwellings as compared to single family detached dwellings. Impact would be similar to but slightly less than impact of proposed Project. Neilsen ProjecUDraft Supplemental EIR Page 125 City of Dublin January 2009 PA #07-057 30l ~ 7~ g ~, , • Water £~ Storm Drainage: Water to serve proposed dwellings under this Alternative would be provided DSRSD, the same as the proposed Project. Table 5.2-4 compares estimated daily water demand between Alternative 2 and the proposed Project. Table 5.2-4. Potable Daily Water Demand Comparison in Gallons Per Day (GPD) Land Use Dwellings Generation Factor Est. Water Demand ( allons/da ) Alternative 2 -Single family 6 393 2,358 dwellings -Attached units 31 225 6,975 Subtotal 37 9,333 Proposed Project -Single family 36 393 14,148 dwellings -Attached units 0 225 0 Subtotal 36 14,148 Total -- -4,815 Notes: 1) Generation factors from West-Yost Associates "Neilsen Development Water Service Ana-ysis- Preliminary Hydraulic Results," June 16, 2008. As shown in the Table, estimated daily water demand for dwellings under Alternative would be less by an estimated 4,761 gallons per day than the proposed Project, although peak fire flow demand would be greater under Alternative 2 than the proposed Project due to higher fire flow requirements for attached dwellings than single family detached dwellings (3,000 gpm for attached units v. 1000 gpm for single family dwellings). Similar to the proposed Project, the amount of water needed to support development under this Alternative would be less-than-significant. In addition to potable water, non-potable recycled water would be required to irrigate common open space areas, the same as the proposed Project. In terms of storm drainage, there would be an increase in the amount of impervious surfaces (although less than proposed Project) leading to increases in the amount of stormwater runoff leaving the Site. Stormwater may be polluted, the same as the proposed Project. Supplemental Mitigation Measures SM-WATER-2 and SM- WATER-3 would be applied to the Alternative 2 to reduce potential impacts related to increases in stormwater runoff and water quality to less-than- significant impacts. ~k ~ Neilsen ProjecUDraft Supplemental EIR Page 126 ~ City of Dublin January 2009 PA #07-057 ~ ~ ~ ~ . ~5~ ~ Soils, Geology £~ Seisrnicity: Somewhat less grading would be required to accommodate development under Alternative 2 than the proposed Project since more open space would be preserved under this Alternative than the proposed Project. Regardless, the knoll would need to be reconstructed for stability and erosion protection purposes, even though it would remain as undeveloped open space. Similar to the proposed Project, development under this Alternative will be required to be constructed following recommendations of a site-specific soils and geotechnical analysis and subject to other Eastern Dublin EIR mitigation measures so that there would be no significant supplemental soil or geologic impacts associated with this Alternative. • Biological Resources: Development of dwellings and roadways under this Alternative would have the same biological supplemental impacts to special- status plant species as the proposed Project: big scale balsamroot, big tarplant, Congdori s tarplant, and showy madia. Adherence to Mitigation Measure SM- BIO-1 would reduce this to a less-than-significant level. Alternative 2 could also result in potentially significant supplemental impacts to special-status bird species, including Western Burrowing Owl, Loggerhead Shrike and White-tailed Kite as would the proposed Project. Similar to the proposed Project, adherence to Supplemental Mitigation Measure SM-BIO-2, requiring pre- construction breeding surveys for special-status birds and, if found, establishing setbacks from such nests until young have left each nest would reduce this to a less-than-significant level. If owls are found outside of the nesting season, they shall be relocated outside of any development area. Adherence to Mitigation Measure SM-BIO-2 would reduce this to a less-than-significant level. Alternative 2 would retain the existing Heritage Tree on the Site, unlike the proposed Project. • Visual Resources: As shown in two photosimulations (Exhibits 5.2-2a and 5.2-2b), development of the Project site under Alternative 2 would be approximately the same as under the proposed Project. Views of the Project site from Tassajara Road would consist of dwelling. Air Quality: Development under Alternative 2 would result in the same supplemental impacts as the proposed Project, in that the additional number of dwellings would exceed the maximum development on the Site as assumed in the Bay Area Air Quality Management District's Clean Air Plan. Adherence to Supplemental Mitigation Measure SM-AIR-1 will reduce this impact to a less-than- significant level by requiring the City to report the Project General Plan Amendment and Specific Plan Amendment to the BAAQMD as part of the next Clean Air Plan update and requiring certain measures that will reduce vehicle miles traveled from the Project and Project emissions of pollutants. Similar to the proposed Project, a supplemental mitigation measure is recommended to expand on existing construction air quality impacts contained Neilsen ProjecUDraft Supplemental EIR Page 127 City of Dublin January 2009 PA #07-057 3 ~ ~ 75~ ~ ~ in the Eastern Dublin EIR. This is Supplemental Mitigation Measure SM-AQ-1 that requires additional steps to be taken during grading and construction to reduce release of fugitive dust. Development allowed under Alternative 2 would increase emission of greenhouse gasses, similar to the proposed Project: however, this would not be a significant supplemental impact. Noise: Similar to the proposed Project, the rear balconies of dwellings adjacent to Tassajara Road under this Alternative would likely be subject to exterior noise levels that would exceed City of Dublin standards and a noise barrier would be required to reduce this impact to a less-than-significant level. Adherence to Supplemental Mitigation Measure SM-NOISE-1 would reduce noise levels within upper floor.s of dwellings fronting on Tassajara Road to a less-than- significant level. No other significant supplemental noise impacts would be created under this Alternative. ~ • Hazards and Hazardous Materials: Similar to the proposed Project, no ~` supplemental significant impacts related to hazards or hazardous materials are ~,; anticipated for this Alternative. 5.5 Alternative 3: Reduced Development The third alternative includes retention of the existing primary dwelling on the upper portion of the Site and construction of 10 single-family dwellings on the east side of Tassajara Road. Access would include use of the current driveway to the two existing dwellings and construction of a cul-de-sac street paralleling Tassajara Road to serve the proposed single-family dwellings. Amendments to the Dublin General Plan and Eastern Dublin Specific Plan would be required to implement this Alternative, as would be required for both Alternative 2 and the proposed Project. The existing "Rural Residential / Agriculture" land use designation would need to be replaced with a land use designation of "Single Family." Alternative 3 is depicted on Exhibit 5.2-1. Land Use: Similar to the proposed Project, Alternative 3 would require an amendment to the General Plan and EDSP to change the land use designation from "Rural Residential/Agriculture" to "Single Family Residential." Alternative 3 would result in fewer and less intensive impacts with regard to consistency with Eastern Dublin EIR Visual Resource mitigation measures than the proposed Project. This is discussed more fully in the Visual resource section below • Population and Housing: Based on the following table, Alternative 3 would generate a smaller resident population than the proposed Project. Assuming 3.2 residents per household, a total of 39 residents could reside on the Site (minus the six existing residents). This would be smaller than the estimated 116 people ~ Neilsen ProjecUDraft Supplemental EIR Page 128 City of Dublin January 2009 PA #07-057 .~ ~~~ ~ ~75~ that could reside on the Site under the proposed Project, and would not be a significant supplemental impact in comparison to the number of dwellings and residents allowed in the Eastern Dublin planning area. Table 5.2-5. Proposed Project v. Alternative 3 Population Generation Residential T e Persons DU Proposed Project Alternative 2 D.U. Po D.U. Po . Single Family Residential 3.2 36 115.2 12 38.4 Totals .,--- 36 116 12 39 ~~~~C. nuuseno~a popuiation aasea on 5ection 1.8.1 of the Dublin General Plan and 4.8.1 of the Eastern Dublin Specific Plan • Traffic and Circulation: Table 5.2-6 compares the buildout a.m. and p.m. peak hour trips between the proposed Project and the smaller number of dwellings included in Alternative 3. Table 5.2-6. Proposed Project v. Alternative 3 Trip Rate Comparison Land Use Dwellin s A.M. Peak Tri s P.M. Peak Tri s Pro osed Pro'ect 36 sin le famil 27 33 Alternative 3 12 single family 9 13 Difference -18 -20 Source: trip rates from ITE Handbook As shown in the above table, the number of peak hour trips would be an estimated 18 fewer a.m. peak hour trips and 24 fewer p.m. peak hour firips than the proposed Project since a small number of dwellings would be constructed under this Alternative. No supplemental impacts would occur with regard to traffic and circulation. Impact would be less than impact of proposed Project. • Water £~ Storm Drainage: Water to serve proposed dwellings under this Alternative would be provided by DSRSD, the same as the proposed Project. Table 5.2-7 compares estimated daily water demand between Alternative 3 and the proposed Project. Neilsen Project/Draft Supplemental E~R Page 129 City of Dublin January 2009 PA #07-057 3a5 gf '7.~8 ~ ~~ ~ Table 5.2-7. Potable Water Demand Comparison in Gallons Per Day (GPD) Land Use Dwellings Generation Factor Est. Water Demand ( allons/da ) Alternative 3 -Single family 12 393 4,716 dwellings Proposed Project -Single family 36 393 14,148 dwellings Total -- -9,432 Notes: 1) Generation factors from West-Yost Associates "Neilsen Development Water Service Analysis- Preliminary Hydraulic Results," June 16, 2008. As shown in the Table, estimated daily water demand for dwellings under Alternative would decrease by 9,432 gallons per day over the proposed Project. Similar to the proposed Project, this impact would be less-than-significant since less total water would be required under this Alternative. In addition to potable water, non-potable recycled water would be required to irrigate common open space areas, the same as the proposed Project. In terms of storm drainage, there would be an increase in the amount of impervious surfaces leading to increases in the amount of stormwater runoff leaving the Site over existing conditions. The amount of the increase would be less than the proposed Project since a small amount of the Site would be developed. Stormwater may be polluted, the same as the proposed Project. Supplemental Mitigation Measures SM-WATER-2 and SM-WATER-3 would be applied to the Alternative 3 to reduce potential impacts related to increases in stormwater runoff and water quality to less-than-significant impacts. Soils, Geology F~ Seismicity: Less grading would be required to accommodate development under Alternative 3 than the proposed Project since more open space would be preserved under this Alternative than the proposed Project. Regardless, the knoll would need to be reconstructed for stability and erosion control purpose, and for the construction of the cul-de-sac, even though it would remain as undeveloped. Similar to the proposed Project, improvements built under this Alternative will be required to be constructed following recommendations of a site-specific soils and geotechnical analysis and subject to other Eastern Dublin EIR mitigation measures so that there would be no significant supplemental soil or geologic impacts associated with this Alternative. ~ Neilsen ProjecbDraft Supplemental EIR Page 130 City of Dublin January 2009 PA #07-057 ~ o~ Q_ ~'.~ ~ Biological Resources: Development of dwellings and roadways under this Alternative would have the same biological supplemental impacts to special- status plant species as the proposed Project: big scale balsamroot, big tarplant, Congdon's tarplant, and showy madia. Adherence to Mitigation Measure SM- BIO-1 would reduce this to a less-than-significant level. Alternative 3 could also result in potentially significant supplemental impacts to special-status bird species, including Western Burrowing Owl, Loggerhead Shrike and White-tailed Kite. Similar to the proposed Project, adherence to Supplemental Mitigation Measure SM-BIO-2 would reduce this impact to a less-than-significant level by requiring pre-construction breeding surveys for special-status birds and, if found, establishing setbacks from such nests until young have left each nest. If owls are found outside of the nesting season, they shall be relocated outside of any development area. This impact would be similar to the impact of the proposed Proj ect. Unlike the proposed Project, there would not be a loss of the heritage tree on the Site, since the area in which the tree is located would be preserved as open space. Visual Resources: Under Alternative 3, the portion of the Site which contains Visually Sensitive Ridgelands identified in the Eastern Dublin EIR, would remain as open space, unlike the proposed Project. However, other portions of Visually Sensitive Ridgelands located in the south-central portion of the Site would be developed, similar to the proposed Project. Clustered dwellings along Tassajara Road would provide visual corridors into open spaces on the Site that would not exist under the proposed Project. Unlike the proposed Project, dwellings constructed along Tassajara Road under Alternative 3 would be both closer to the road and taller than under the proposed Project. Also, clustered dwellings would be silhouetted against the ridge; similar to the proposed Project, but visual corridors would be provided to open space areas, unlike the proposed Project. The existing main residence that would remain under this Alternative would generally block views of the five single-family dwellings on the eastern portion of the Site. Overall, as shown in two photosimulations for Alternative 3(Exhibits 5.2-2a and 5.2-2b), limited views of undeveloped hillsides would be visible from Tassajara Road and development under Alternative 2 would result in a slightly less impact to visual resources or Visually Sensitive Ridgelands as would the proposed Project. • Air Quality: Development under Alternative 3 would result in the same supplemental impacts as the proposed Project, in that the additional number of ' dwellings would exceed the maximum development on the Site as assumed in the Bay Area Air Quality Management Distric~s Clean Air Plan. Adherence to Supplemental Mitigation Measure SM-AIR-1 will reduce this impact to a less-than- ~` ~ significant level by requiring the City to report the Project General Plan Neilsen Project/Draft Supplemental EIR Page 131 City of Dublin January 2009 PA #07-057 ~3 0~ -~5~ ~ ~ h. ~ Amendment and Specific Plan Amendment to the BAAQMD as part of the next Clean Air Plan update and requiring certain measures that will reduce vehicle miles traveled from the Project and Project emissions of pollutants. Similar to the proposed Project, a supplemental mitigation measure is recommended to expand on existing construction air quality impacts contained in the Eastern Dublin EIR. This is Supplemental Mitigation Measure SM-AQ-1 that requires additional steps to be taken during grading and construction to reduce release of fugitive dust and construction equipment loss. Development allowed under Alternative 3 would increase emission of greenhouse gasses, similar to the proposed Project but to a lesser degree, since less development would occur. Similar to proposed Project, greenhouse gas emissions would not be a significant supplemental impact ~ Noise: Similar to the proposed Project, the rear yards of dwellings adjacent to Tassajara Road under this Alternative would likely be subject to exterior noise levels that would exceed City of Dublin standards and a noise barrier would be required to reduce this impact to a less-than-significant level. • Hazards and Hazardous Materials: Similar to the proposed Project, no supplemental significant impacts related to hazards or hazardous materials are anticipated for this Alternative. 5.7 Environmentally Superior Alternative Section 15126 (d) (4) of the State of California CEQA Guidelines states that if the environmentally superior alternative is the "No Project" alternative, the EIR shall also ~ identify an environmentally superior alternative among the other alternatives. ~,, Alternative 1, the No Project alternative, would result in fewer and less intensive environmental impacts than the proposed Project and all other alternatives that propose ~ development, since the Project area would remain vacant (existing for the existing two ~3 dwellings and related ancillary improvements) and no development would occur. Therefore, Alternative 1 would be the Environmentally Superior Alternative. ,~ As between the remaining alternatives, Alternative 2 would result in less impacts to visual resources than the proposed Project since development would be clustered and more open space would remain. There would be fewer and less intensive traffic impacts due to fewer dwellings units on the Project site. Alternative 2 would also result in fewer and less intensive air quality and greenhouse gas emission than the proposed Project due to fewer dwellings and associated fewer vehicle trips. This Alternative would have approximately the same impacts as the proposed Project regarding land use, population and housing, traffic and circulation, water and storm drainage, soils and geology, biological resources, noise and hazardous materials. Alternative 3 would result in fewer dwellings on the Project Site than the proposed Project and would disturb a smaller portion of the Site for development purposes. Alternative 3 would have fewer impacts than the proposed Project regarding land use, Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page 132 January 2009 r~ ~~ ~~ ~ ~~..1~°. population and housing, traffic and circulation, water and storm drainage, soils and geology, biological resources, air quality, noise and hazardous materials. Alternative 3 would result in fewer impacts than the proposed Project in regard to visual resources, since development would occur adjacent to Tassajara Road and the Visually Sensitive Ridgeland area on the Site would remain as open space. However, development under Alternative 3 would still "silhouette" against the horizon and no view corridors into the ° center of the Site would be provided. Therefore, Alternative 3 would be the next most Environmentally Superior Alternative. 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'~ ~ ~ ! ~ 1 1 r ~ Ks ~ ~ ~ i ~~ ~„ ....~~ `~ . .k. \ ~+ r ~ ~ i ~ ~ ..~ ~ ~ ~ ry ~ ~ ~ . ~ ~~y,... . ` ~ I I ~ ~^ . „ ~ ~ t~'~ ~t ~~ ~ ~ ~ ~~ ~ 1 ~ J . ~ ~ \ ~ ~ ~ ~ ~ _ .- ' ->C"-'~~~ ~ti~ \ ~ ~. „ - . ~} ~\~ ~' ~~ ` t~ ~~~ - ~ ~ \~ ti~~ ~ , i i i' ~«.' ~\ ~\ \l ~ \ ~ ~ ^ i ~ \~ ~ \\ ~i ! . ~~. ; ' ~'~ ~ EXHIBIT 5.1-1- ALTERNATIVE 2 CITY OF D UBLIN NIELSEN PROPERTY - TASSAJARA VALLEY ENVIRONMENTAL IlVIPACT REPORT mAC~cuu~r ~ somps ~u ~ ~~~ INITIALSI UUY\ tXFiJ. ~. a~ ~ a ~ AAEg' .,,,~. 7+w ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ iC ~ ~ ~ ~ _ ` ~ * z~. `. ~~ ~. ~ „ ~ i ~ . ~ 8 a~ ~XHIBIT 5.1-2a,-ALTERNATIVE SIMULATION CIfiY QF DU~LIN 1VIELSENPROPERTY- TASSA.IARA VALLEY ENVIRONMENTAL IlVIpACT REPORT m~~C i~MS ~ ~ a ~ ~n r,-, ~~ ~~~ x ~ ~•~ ~~~~ ; . .,..z : ~, W ~ EXHIBIT 5.12b-ALTERNATIVE SIMULATION CITY OF D UBLIN ~TIELSEN PROPER.T~ - TASSAJARA VALLEY n~ ~ ~ w~ewot a Io9 ~~ E~ONMENTAL IlVIPACT REPORT °°~ ~° ~ ~_.;.,,~.~_.~..~~--- p -~------~.. ; ~-~. ~-~- ~•- ~~ ~` ~ -" ~' ~" ~~` l~'F ?~ ~ ~, ~ ~ ~ r ~ 3~~~f~~~ u ' --.1,~ ~ ~ ~ / a _~~ 4 j ,..~ ~ w ~'~,, I ~ ,@ ..._ . ~ . . ~ ~ ~ ,~ ~ `~~-- --~b ~ ' ~ ~ I '-- - - - --- ~ - ,. . ,,. s I ~ .- _.:~ ~ '; ; ~ . . _ .__ _ ._-•~~~ _~ _..... -- f, `' ~ N! \ f I ,~> [ ~ ~ ~ ~ <"~ ~ ~I I 'I F\~ ~ J ~ - . : .-.. 3R __• - r`,c.,` ~''~ ... ~_~ ' I ~ ++r~e .,.._ ~ -"_ i ~ i . ...,.~ ~ ._._ -. ......Y ~~ -~~ ; i ....._ . ~ . __ ~ _ __ ; - , , , I ~ -~-_~.~~ _ __.. , ' ~~ -- ~. / _. . ; , ~ ; .. .., _,.. .. 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VALLEy ENVIRONMENTAL IMPACT REPORT It1A~W(AY ~C ~111Mi ~ ~. _ ~,,,~, ~ W ~ ~ ~ ~ ~ i5 ~ ~~ ~ ~ ~ 6.0 Required CEQA Discussion This section of the DEIR addresses the potential cumulative impacts of implementing the proposed Project, as required by CEQA. 6.1 Cumulative Impacts Cumulative impacts are defined by CEQA Guidelines (Section 15126.2) as those which taken individually may be minor but, when combined with similar impacts associated with existing development, proposed development projects and planned but not built projects, have the potential to generate more substantial impacts. CEQA requires that cumulative impacts be evaluated when they are significant and that the discussion describe the severity of the impacts and the estimated likelihood of their occurrence. CEQA also states that the discussion of cumulative impacts contained in an EIR need not be as detailed as that provided for the Project alone. A number of cumulative impacts were identified in the Eastern Dublin EIR. Those related to this Project include: • Cumulative loss of agricultural and open space lands (Impact 3.1 / F) • Cumulative degradation of I-580 freeway operations between Tassajara Road and Fallon Road (Impact 3.3/A) • Cumulative degradation of I-580 freeway operations between I-680 freeway and Dougherty Road (Impact 3.3/B) • Cumulative degradation of I-580 freeway operations between Tassajara Road and Airway Boulevard Impact 3.3/C) • Cumulative degradation of I-680 freeway operations north of I-580 (Impact 3.3/D) ~ Cumulative degradation of I-580 east of Airway Boulevard and between Dougherty Road and Hacienda Boulevard (Impact 3.3/D) • Cumulative degradation of Dublin Boulevard intersections with Hacienda Drive and Tassajara Road (Impact 3.3 / M) • Cumulative degradation of Tassajara Road intersections with Gleason Road, Fallon Road and Transit Spine (renamed to Central Boulevard) (Impact 3.3 / N) • Increased solid waste production and impact on solid waste facilities (Impact 3.4 O and P) • Future lack of wastewater treatment plant capacity (Impact 3.5/E) • Increase in demand for water (Impact 3.5 / Q) • Direct habitat loss (Impact 3.7/ A) • Loss or degradation of botanically sensitive habitat (Impact 3/7/C) • Construction equipment/vehicle emissions (Impact 3.11/B) • Mobile source emissions of reactive organic gasses and oxides of nitrogen (Impact 3.11 / C) • Stationary source emissions (Impact 3.11 / E) ~ Neilsen Project/Draft Supplemental EIR City of Dublin PA #07-057 Page140 January 2009 ~~~~ ~ ~~, ~ ~ >l ~ ~~~ --~~~~ This DSEIR identifies no new significant supplemental impacts not analyzed in the Eastern Dublin EIR. 6.2 Significant and Unavoidable Environmental Impacts Unavoidable significant adverse impacts are those impacts that cannot be mitigated to a less-than-significant level. CEQA requires decision-makers to balance the benefits of a ° proposed Project against its unavoidable impacts in considering whether to approve the Project. If the benefits of the proposed Project outweigh the anticipated unavoidable impacts, the adverse environmental impacts may be considered acceptable by the Lead ~~ Agency. To approve the Project without significantly reducing or eliminating an adverse impact, the Lead Agency must make a Statement of Overriding Consideration supported by the information in the record. Upon approval of the Eastern Dublin Project, the City Council adopted a Statement of Overriding Considerations for the significant unavoidable impacts identified in the - Eastern Dublin EIR (Resolution 53-93, May 10, 1993.) Pursuant to the recent Citizens for a Better Environment case, a Statement of Overriding ~ Considerations would also be required to address the significant unavoidable impacts from the Eastern Dublin EIR that are related to this proposed Project. No new or more significant and unavoidable impacts are identified in the DSEIR for the proposed Neilsen development Project. i~ciiacii ~~~~acvurart~uppiementa~ tlFi Page 141 City of Dublin January 2009 PA #07-057 3~~ ~ 7~- ~ 7.0 Organizations and Persons Consulted 7.1 Persons and Organizations EIR Preparers The following individuals participated in the preparation of this document. Jerry Haag, Urban Planner (project manager) Donald Ballanti (air quality) City of Dublin Staff Jeri Ram, AICP, Community Development Director Tim Cremin, Assistant City Attorney Frank Navarro, Sr. Civil Engineer Jaimee Bourgeoise, P.E., Traffic Engineer Darrell Jones, Alameda County Fire Department Val Guzman, Police Department Applicant Consulting Team Connie Goldade, Mackay & Somps Lisa Vilhauer, Mackay & Somps Other Agencies and Organizations Coritacted Dublin San Ramon Services District-Rhodora Biagtan and Aaron Johnson 7.2 References The following documents, in addition to those included in the Appendix, were used in the preparation of this DSEIR and are included by reference herein. Bay Area Air Quality Mana~ement District CEQA Guidelines, Revised December 1999 Demo ra hic Stud and Facilities Plan Dublin Unified School District Shilts Consultants, Inc. 2004 Dublin General Plan, City of Dublin, Updated through 9/14/06 Eastern Dublin Specific Plan and General Plan Environmental Impact Report, Wallace Roberts & Todd, 1994 Neilsen Project/Draft Supplemental EIR Page 142 City of Dublin January 2009 PA #07-057 .~ 3ig ~ -~1~~~ Eastern Dublin Comprehensive Stream Restoration Program Sycamore Associates, 1996 Eastern Dublin Properties Stage 1 Development Plan and Annexation Draft Supplemental EIR City Dublin, January 2002 Eastern Dublin Scenic Corridor Policies and Standards David Gates & Associates, 1996 Herita~e Tree Evaluation Neilsen Pro~ert~, Hortscience, January 2008 Parks and Recreation Master Plan City of Dublin, 2004 update Preliminarv Geotechnical Investi~ation Neilsen Pro~er , Tassajara Road and Silvera Ranch Drive Dublin CA Berlogar Geotechnical Consultants, July 2007 Phase I Environmental Site Assessment Neilsen Residence 6407 Tassa'ara Road Dublin CA, Berlogar Geotechnical Consultants, June 2008 Wastewater Collection Svstem Master Plan Update Final Report DSRSD MWH Engineers, 2005 Wildfire Management Plan City of Dublin City of Dublin & Dougherty Regional Fire Authority, 1996 Urban Water Management Plan (Final) DSRSD West Yost Associates, 2005 ~~~~~~~~~ ~~~~C~~~ra~~ ~uppiementai tIH Page 143 City of Dublin January 2009 PA #07-057 ~~~ ~5 ~ ~ 8.0 Appendices Neilsen ProjecUDraft Supplemental EIR Page 144 City of Dublin January 2009 PA #07-057 ~~ 7~~ Appendix 8.1 Initial Study Neilsen Project/Draft Supplemental EIR Page 145 City of Dublin January 2009 PA #07-057 ~~ ~ ~~ ~ Table of Contents Introduction .............................................................................................................. 2 Applicant ................................................................................................................... 2 Project Location and Context .................................................................................. 2 Project Description ................................................................................................... 3 Environmental Factors Potentially Affected .......................................................... 16 Evaluation of Environmental Impacts .................................................................... 18 Earlier Analyses ........................................................................................................ 30 Attachment to Initial Study ..................................................................................... 31 ~' 1. Aesthetics ........................................................................................... 31 2. Agricultural Resources ..................................................................... 34 3. Air Quality ......................................................................................... 35 4. Biological Resources .......................................................................... 36 5. Cultural Resources ............................................................................ 43 6. Geology and Soils .............................................................................. 44 7. Hazards and Hazardous Materials .................................................. 47 8. Hydrology and Water Quality ......................................................... 49 9. Land Use and Planning .................................................................... 52 10. Mineral Resources ............................................................................. 53 11. Noise ................................................................................................... 53 12. Population and Housing .................................................................. 55 13. Public Services ................................................................................... 56 14. Recreation .......................................................................................... 58 15. Transportation/Traffic ..................................................................... 59 16. Utilities and Service Systems ........................................................... 60 17. Mandatory Findings of Significance ................................................ 63 Initial Study Preparers ............................................................................................. 64 . Agencies and Organizations Consulted ................................................................. 64 References ................................................................................................................. 64 ~aa ~ -~~~. 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. Because the proposed Project is generally based on the land use designations, circulation patterns etc. assigned to the Project by the City of Dublin General Plan, the Initial Study relies on a Program EIR certified by the City in 1993 for the Eastern Dublin General Plan ~; Amendment and Specific Plan (the "Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report, State Clearinghouse No. 91103064"). That EIR, also known in this Initial Study as the "Eastern Dublin EIR," evaluated the following impacts: Land Use; Population; Employment and Housing; Traffic and Circulation; Community Services and Facilities; Sewer; Water and Storm Drainage; Soils; Geology and Seismicity; Biological Resources; Visual Resources; Cultural Resources; Noise; Air Quality and Fiscal Considerations. Pursuant to the Program EIR standards and CEQA Guidelines section 15162, this Initial Study evaluates whether further environmental review is required for the proposed Project due to new or substantially more severe impacts than those identified in the Eastern Dublin EIR (see discussion below in Section XVII, Earlier Analysis). All of the potentially significant impacts identified in the Eastern Dublin EIR apply to the proposed Project and, therefore, the adopted mitigation measures also apply and are included in this Initial Study by reference. Applicant Robert Neilsen 6407 Tassajara Road Dublin CA 94568 Phone: (925) 828 6193 Project Location and Context The Project Site is located in the Eastern Dublin Planning area, more specifically, on the east side of Tassajara Road north of Quarry Lane School and south of the Silvera Ranch property, approximately 1.5 miles north of the I-580 freeway. The property address is 6407 Tassajara Road and the Alameda County Assessor's Parcel Number (APN) is 985-0002-009-02. City of Dublin Page 2 ~ Initial StudyMielsen Property Project May 2008 PA 07-057 ~a3~ °~~~~ The Site, which was annexed to the City of Dublin in 2003, consists of approximately 10.9 acres of land containing one single-family dwelling, one agricultural mobile home, detached garages, an agricultural out building and wireless communication facilities and related equipment enclosures. The Site exhibits moderate to steep topography with the northeast corner of the site rising to a height of approximately 570 feet above mean sea level. A flat pad has been graded at an elevation of approximately 444 feet above sea level in the northwest section of the Site. The main dwelling is located in the south central portion of the Site located on a graded pad with an estimated elevation of 558 feet above sea level. An agricultural mobile home and horse arena is located in the northerly portion of the Site. The Site also contains two wireless communication facilities, one monopole is located -' on the southeastern corner of the site and a second facility (designed to appear to be several low shrubby trees) is located on the southwestern corner of the Site. The westerly portion of the Site is used for cattle grazing and seasonal Christrnas tree sales. Exhibit 1 depicts the regional setting of Dublin and Exhibit 2 shows the location of the Project area in context of the City of Dublin. Exhibit 3 is an aerial photo of the Site showing on-site uses and nearby features, including Tassajara Road. Existing land uses adjacent to the Project area include recently constructed single and multi-family dwellings to the north on the Silvera Ranch property; vacant land to the east within Dublin Ranch; Quarry Lane School; a private education facility to the south; and vacant land to the west, part of the approved but not yet constructed Dublin Ranch West (Wallis Ranch) property. Access to the Nielsen Property is gained via a driveway off of Silvera Ranch Road to the north of the Site. An unimproved private roadway then provides on-site access to the flat pad and the dwelling. Project Description Overview An application has been filed with the City of Dublin to create thirty-three (33) lots on the Site. Exhibit 4 shows the proposed Stage 1 Planned Development and Exhibit 5 shows the proposed Stage 1 and Stage 2 Development Plan for the Site. Proposed lots have been arranged on two cul-de-sac streets. Lots would either be located on flatter portions of the Site or would contain split-level dwellings to minimize the amount of grading. Each of the proposed lots would accommodate a single-family dwelling and a garage. Proposed Lots 15 and 20 could each accommodate a duplex dwelling (for the provision of affordable housing only), so the number of dwellings could be thirty-six (36). If the proposed Emergency Vehicle Access (EVA) located in the southwest corner of the Site is not needed or relocated, the applicant reserves the right to create one additional lot, for a maximum of 341ots and 36 dwellings. City of Dublin Page 3 Initial StudyMielsen Property Project May 2008 PA 07-057 ~~ ~ ~S~ ~ Local agency land use entitlements and approvals that the applicant has applied for and are needed to allow implementation of the proposed development Project include those listed below and are described more fully later in this Project Description. • An Amendment to the Dublin General Plan and Eastern Dublin Specific Plan to change the land use designation from "Rural Residential/Agriculture" which allows one dwelling unit per 100 acres to "Single Family Residential" which allows .9 to 6.0 dwelling units per acre. The proposed Amendment would also allow a smaller street cross section than shown in the Eastern Dublin Specific Plan; • Consideration of a Planned Development Stage 1& Stage 2 Development Plan to establish precise building areas, densities, roadway locations, grading and similar proposed improvements; • A Vesting Tentative Subdivision Map to create individual building lot.; • A Development Agreement, Project characteristics This applicant proposes to construct up to 36 single family detached and duplex dwellings on the Project Site. The proposed Stage 2 Development Plan is shown on Exhibit 5. The proposed lots would be arranged on two cul-de-sac streets (Streets "A" and "B"), with the minimum lot size being 5,000 square feet. Many of the proposed lots would accommodate dwellings with up-split or down-split foundations to assist in minimizing the amount of grading, although a few of the lots could be designed to be flat. Steeper portions of the Project Site, in the northeast corner of the Site, would remain as non-buildable open space. A landscaped setback would also be provided along Tassajara Road. Existing wireless telecommunication facilities (cell towers) on the Site are proposed to remain, or could be relocated on the site or eliminated. Access and circulation Access to the Project Site would be provided by expanding the existing driveway off of Silvera Ranch Drive to the north. Silvera Ranch Drive in turn intersects with Tassajara Road at a signalized intersection. This access is shown on Exhibit 4. The requested amendments to the General Plan and Eastern Dublin include reducing the right-of-way widths of streets from 46 feet to 45 feet (34 feet for single loaded streets) and the curb-to-curb width from 32 feet to 29 feet for single loaded streets. The request also includes reducing the right-of-way radii for cul-de-sac bulbs from 46 feet to 44.5 feet. As part of the proposed subdivision map, the applicant will be required to dedicate additional property along the westerly side of the site for the widening of Tassajara Road to an ultimate of six (6) travel lanes, three lanes northbound and three lanes southbound. City of Dublin Page 4 ~ Initial StudyMielsen Property Project May 2008 PA 07-057 ~ ~ ~ ~~~ ~. Sidewalks will be provided at the entry to the development and inside of the residential development. Sidewalks would be constructed on both sides of the street where there are houses. For single loaded streets, the sidewalk will be located in front of the dwellings only. A meandering sidewalk would also be provided along the Project's Tassajara Road frontage. A 20-foot wide Emergency Vehicle Access (EVA) roadway is proposed from the southerly terminus of Street A to Tassajara Road for police, fire and other emergency vehicle access. Grading and infrastructure _ The developer of the Project Site would construct the road and sidewalk system described above as well as on-site water, wastewater, recycled water, and storm drainage facilities required to support proposed future development. Grading of the Site would also occur. Grading activities would consist of recontouring the central and southerly portions of `" the Site to accommodate proposed roads and split building pads. The northwesterly and southeasterly portions of the Site would have minimum grading, since these sites currently have moderate to flat slopes. The northeasterly portion of the Site, which has steep slopes, would remain in nonbuildable open space. A number of retaining walls, ranging in size from approximately 2 to 6 feet in height, would be needed to allow the proposed development Project to be constructed. Dublin San Ramon Services District (DSRSD) would provide domestic and recycled water to the site as well as wastewater treatment and disposal services. These services are planned in accordance with the DSRSD Eastern Dublin Facilities Master Plan, as revised. The Project Developer will be required to install local water lines as well as paying fees to DSRSD to assist in funding upgraded water facilities in this portion of Eastern Dublin, consistent with applicable Facility Master Plans. Wastewater service would.require the Project developer to install local underground sewer lines to transport wastewater to DSRSD's regional treatrnent plant. Sewer lines are all proposed to be gravity flow. .. Recycled water would be provided to the Project Site from Tassajara Road for use in irrigation of common open space areas and other areas. This would reduce the need for potable water for the proposed Project. Storm drainage would be accommodated by local facilities, which consist of smaller pipes connecting individual sites to the City's collector system in Tassajara Road. The Project Site lies within the boundary of Zone 7, the agency that maintains regional drainage facilities in the Tri-Valley area and stormwater will ultimately be transported in Zone 7 regional facilities to the south for ultimate disposal. City of Dublin Page 5 Initial StudyMielsen Property Project May 2008 PA 07-057 ~~ ~~ ~~. ~ In terms of water quality protection, the proposed Project will be subject to Best Management Practices to support water quality standards as enforced by the Cifiy of Dublin. The applicant has proposed installation and use of a bio-retention cell or other water quality features to be located in the northwest corner of the Site or potentially combined with facilities on adjacent parcels. The ultimate size and design of this facility will be determined in conjunction with the City of Dublin. Landscaping A preliminary landscaping plan has been prepared for common ownership portions of the Project Site. Proposed landscaping is shown on Exhibit 6 and would include a mix of canopy and accent trees along the Tassajara Road frontage and along interior Project streets. A combination of shrubs and other landscape material would be planted along Tassajara Road. Open spaces would be planted with a combination of grass and wildflowers. Vesting Tentative Subdivision Map Exhibit 7 shows the proposed tentative subdivision map associated with the Project `_' that would create up to 34 individual lots that would each contain a single-family dwelling. Other non-buildable lots would be for open space, landscaping, the EVA and the water quality pond. Inclusionary housing requirement Dublin's Zoning Ordinance (Chapter 8.68) requires that 12.5 percent of the number of dwelling units in each development Project be reserved for occupancy by very-low, low and moderate income households. This requirement can be met by construction of the specified number of dwellings, payment of in-lieu fees to the City for up to 5% of the requirement, dedicating land for construction of fuhzre housing projects, rehabilitating existing qualifying units, or any combination thereof; or by alternative methods approved by the City Council. Prior to final approval of the requested land use entitlements, the applicant and City of Dublin will determine specific methods by which the proposed Project would comply with City requirements. Development agreement Although not part of these applications, the City requires project proponents in the Eastern Dublin planning area enter into development agreements with the City, as required by the Eastern Dublin Specific Plan. Such agreements vest development approvals for a specified period of time in return for benefits granted to the City, as mutually agreed by both parties. Issues typically addressed in development agreements include density and intensity of land use, timing and financing of infrastructure, determination of impact fees and obligations to construct public facilities, such as streets and roads. Requested entitlements As described above, a number of land use entitlements and approvals are required to construct land uses proposed as part of this Project. These are described below. • General Plan and Eastern Dublin Specific Plan Amendment, to modify the land use designation from Rural Residential/Agriculture to Single Family City of Dublin Page 6 ~ Initial Study/Nielsen Property Project May 2008 PA 07-057 ~ ~a~ 7~~ ~ Residential and to reduce the width of on-site streets. • Stage 1& Stage 2 PD Rezoning from PD-RR/ A to PD-SFR to allow construction of up to 36 dwellings on the Site. • A Vesting Tentative Subdivision Map to create building lots and other lots. City of Dublin Page 7 Initial Study/Nielsen Property Project May 2008 PA 07-057 ~~ ~ 7~. 0 " 10 Miles ~=~ EX:HIBIT 1-REGIflNAL LOCATION CI?'~' D~' Dt~~~N NIELSE~V PR~PER~"Y- TASSA.TARA V14L~EY II~TITIAL STUDY -30-20fl8 ~4:01:25 fvilhaner P:\19374\plonnir.q\3nitialS#udy\EXH1 ~ ~unr~so~s~ ~a ~~ 1~1s~ san ~ Francisco Pacific Ocean `~ ~ ~~~ E~:HIBIT 2-PRaJECT LOCAT~UN C~ 0~'D~BLIN 1VIELSENPROPE~tT'.~'- T'~SS~4.T~4.R~ YALL~Y I~~AL STCTDY ~-30-2008 i4:t2:09 19374\ pionnina\ ( NOqTH ~S ~~~c~ ~ ~ ~ ~a ~~ ~ 30 ~ ~~ ~ E~:HIBIT 3-SITE C~N~T`E~T ~~TY D~' DU~3~IN 1VIELSENPR4PERTY- TASSAJAR~4 YALLEY a~]CI`IA.L STUDY 4-30-2008 14:01:22 fvithouer ^A~lUl~8c~1~PS ,°a~, a ~-~- mn ~ ~.. .~~ ~. ~ ~, ~s ~ 31 ~ ~5g~ ~- ,. ~ ~p ,~ ~:_ ~ SB.~ERA ReNCH DRIVE SILVERA RANCH (PFEIFFEk R.ANCH) ~ MEDIUM DENSlTY RESIDENTIAL i - ---- - 6'! __ --~' --- -~.~~ 0 ~"-~ -~~ ~ --_ ~ r~'_ ' ~ ~ p C 6 ~ ~ ~ o ~ q ~ I ~ I ~ ~ UN ~ L - RRA ~ 10.9 fAC. GROSS ~ 10.0 fAC. 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Project description: Development of up to 341ots with up to 36 single family and duplex dwellings along with an access road, on-site roads, grading and infrastructure extension on a 10.9 acre site. Requested entitlements include an amendment to the General Plan and Eastern Dublin Specific Plan to change the land use designation from "Rural Residential/Agriculture" to "Single Family Residential" and to reduce roadway widths, a Stage 1& Stage 2 Planned Development zoning, a vesting tentative subdivision map and a development agreement. 2. Lead agency: Cifiy of Dublin Community Development Departrnent 100 Civic Plaza Dublin CA 94568 3. Contact person: Erica Fraser, AICP Senior Planner (925) 833 6610 4. Project location: The property address is 6407 Tassajara Road and the Alameda County Assessor's Parcel number is 985- 0002-009-02. The property is located east of Tassajara Road north of Quarry Lane School and south of the Silvera Property, approximately 1.5 miles north of the I-580 freeway. 5. Project sponsor: 6. General Plan designation: 7. Zoning: Robert Neilsen Rural Residential/Agriculture PD-RR/ A (Planned Development-Rural Residential / Agriculture) 8. Public agency required approvals: • Approval of Amendments to the General Plan and Eastern Dublin Specific Plan (City of Dublin • Approval of Stage 1 Amendment and Stage 2 Planned Development Rezoning (City of Dublin) • Approval of Vesting Tentative and Final Subdivision Maps (City of Dublin) • Approval of Site Development Review (SDR) permit for building architecture, landscaping and similar improvements (City of Dublin) City of Dublin Page 14 Initiai StudyMielsen Property Project May 2008 PA 07-057 <33~ ~ '7.~n" • Approval of a Development Agreement (City of Dublin) • Determination of Conformity with Alameda County Airport Land Use Policy Plan (Alameda County Airport Land Use Commission) • Issuance of demolition, building and grading permits (City of Dublin) • Approval of water and sewer connections (DSRSD) ~ Notice of Intent (State Water Resources Control Board) City of Dublin Page 15 Initial StudyMielsen Property Project May 2008 PA 07-057 3~7 ~~-- ~ 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 Aes etics - Agricultural x Air Quality Resources x Biological - Cultural Resources x Geology Soils Resources x Hazards and x Hydrology Water x Land Use Hazardous Quality Planning Materials - Mineral R~sources x Noise x Population . Housin - Public Services - Recreation x Transportation Circulation x Utilities Service x Mandatory Systems Findings of Si nificance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: I find that the proposed Project could not have a significant effect on the environment and the previous Negative Declaration certified for this Project by the City of Dublin adequately addresses potential impacts. I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the Project. A Negative Declaration will be prepared. X I find that the proposed Project may have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a"potentially significant impact" or "potentially significant unless mitigated." A Supplemental Environmental Impact Report is required, but must only analyze effects that were not _ fully analyzed in the earlier EIR or present new or substantially more severe impacts. I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed Project. City of Dublin Page 16 Initial Study/Nielsen Properry Project May 2008 ° PA 07-057 ~ 3~ ~~~~ ~ Signature: ~~u ~S~-/ ( y~ Date: s~L3~` ~ Printed Name: t;d'~4 ~h3~,( For: ~~F Q~ ~iry or uubnn Page 17 ,~ Initial StudyMielsen Property Project May 2008 PA 07-057 a~9 °~5~ ~ Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impacf"; 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). _ "No impact" is also used to describe those Project impacts that are addressed in the Eastern Dublin EIR and require no new analysis or mitigation measures. 2) All answers must take account of the whole action involved, including off-site as well as on-site; cumulative as well as Project-level; indirect as well as direct; and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less-than-significant with mitigation, or less-than-significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less-than-Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less-than-Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less-than-significant level (mitigation measures from Section 17, "Earlier Analysis," as described in (5) below, may be cross-referenced). 5) Earlier analyses rnay be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identity and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less-Than-Significant with Mitigation Measures Incorporated", describe the mitigation measures City of Dublin Page 18 Initial StudyMielsen Property Project May 2008 PA 07-057 ~yd 'Y5g ~ ~ ~ which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the Project. 6) Lead Agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances, etc.). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached and other sources used or individuals contacted should be cited in the discussion. 8) This is a suggested form and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a Project's environmental effects in whatever format is selected. 9) The explanation of each agency should identify the significance criteria or threshold, if any, used to evaluate each question and the mitigation measures identified, if any, to reduce the impact to a less than significant level. City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 19 +~ May 2008 ~ ~ ~ !~~ ~ 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 effect on a scenic vista? (Source: 1,2,4) b) Substantially damage scenic resources, including .^ but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 1,2,4) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 4) ~ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Source: l, 4) 2. Agricultural Resources Would the Project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? (Source: 2, 4) b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? (Source: 2,4,6) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to a non- agricultural use? (Source: 2,4) 3. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the Project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source: 2) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 2 ,4) City of Dublin Initial StudyMielsen Property Project ' PA 07-057 Potentially Significan[ Impact Less Than Significant With Miti ~ation Less than Significant Impact No Impac[ X X X X X X X X X Page 20 May 2008 3 ~a ~ ~ °~ _~ ~~; 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? (2,4) d) Expose sensitive receptors to substantial pollutant concentrations? (Source: 2,4) e) Create objectionable odors affecting a substantial number of people? (Source: 6) 4. Biological Resources. Would the Project a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service?(Source: 2,3, 4) 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: 2,3, 4) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? (Source: Source: 2,3, 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, 3,4) e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? (Source: 2, 3, 4) Potentially Significant Impact Less Than Significant With Miti ation Less than Significant Impact No Impact X X X X X X X X r~ ~ City of Dublin Page 21 ~,,, Initial StudyMielsen Property Project May 2008 PA 07-057 ~3 y 3 ~ ~S~ fl 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: 1,3, 4) 5. Cultural Resources. Would the Project a) Cause a substantial adverse impact in the significance of a historical resource as defined in ^ Sec. 15064.5? (Source: 2,4, 6) b) Cause a substantial adverse change in the signi~cance of an archeological resource pursuant to Sec. 15064.5 (Source: 2,4) c) Directly or indirectly destroy a unique ~ paleontological resource, site or unique geologic feature? (Source: 2,4) d) Disturb any human remains, including those interred outside of a formal cemetery? (2) 6. Geology and Soils. Would the Project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Earthquake Fault Zoning Map issued by the State Geologist or based on other substantial evidence of a known fault (Source: 2) 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? (Source: 2, 6) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or similar hazards (Source: 2, 6) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source: 2, 6) City of Dublin Initial StudyMielsen Property Project PA 07-057 Potentially Significant Impact Less Than Significant With Miti a[ion Less than Significant Impact No Impact X X X X X X X X X X X X Potentiall Less Than Less than No Page 22 May 2008 3 U ~ e-{_ -~~ ~" e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (Source: 1, 2) 7. Hazards and Hazardous Materials. Would the Project: a) Create a significant hazard to the public or the environment through the routine transport, use o~ disposal of hazardous materials (Source: 6) b) Create a significant hazard to the public or the environment through reasonably foreseeabte upset and accident conditions involving the release of hazardous materials into the environment? (Source: 6) c) Emit hazardous emissions or handle hazardous materials or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source: 7) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 6) e) For a Project located within an airport land use plan or, where such a plan has not been adopted within two miles of a public airport of public use airport, would the Project result in a safety hazard for people residing or working in the Project area? (Source: 2, 6) ~ 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, 6) g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? (Source: 2, 6) Significant Impact Significant With Miti a[ion Significant Impact Impact X ' X X X X X X X City of Dublin Page 23 ~. Initial StudyMielsen Property Project May 2008 PA 07-057 ~~,~ ~~ ~ 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: 1,2,6) 8. Hydrology and Water Quality. Would the Project: a) Violate any water quality standards or waste discharge requirements? (Source: 2, 4) 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? (2, 4) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? (Source: 2, 4) d) Substantially alter the existing drainage pattern of the site or azeas, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 2, 6) 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: 6) fl Otherwise substantially degrade water quality? (Source: 4) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? (Source: 2,6) Potentially Significant Impact Less Than Significant With MitiQadon Less than Sianificant Impact No Impact X X X X X X X X City of Dublin Initial StudyMieisen Property Project PA 07-057 Page 24 May 2008 ~ ~/6 ~ `~ t^~ '~ ~ h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Source: 2,6) 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? 9. Land Use and Planning. Would the Project: a) Physically divide an established community? (Source: 1, 2, 4) 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, 2,4) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (1, 2,4) 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: 1, 2) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, specific plan or other land use plan? (Source: l, 2) 11. Noise. Would the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (6) b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? (Source: 4) c) A substantial permanent increase in ambient noise levels in the Project vicinity above existing levels without the Project? (2. 4) Potentially Significant Impact Less Than Significant With Mitioation Less than Sianificant Impact No Impact X X X X X X X X X X X Ciry of Dublin Initial StudyMielsen Property Project PA 07-057 Page 25 May 2008 ~~~ ~~~. ~ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (6) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise - levels? (2,6) ~ 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: 2,6) ~ 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, 6) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (6) c) Displace substantial numbers of people, necessitating the construction of replacement of housing elsewhere? (Source: 6) 13. Public Services. Would the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public services? (Sources: 5) Fire protection Police protection Schools Parks Other public facilities Solid Waste City of Dublin Initial StudyMielsen Property Project PA 07-057 Potentially Significant Impact Less Than Significant With Miti~ation Less than Significant Impact No Impact X X X X X X X X X X X X Page 26 May 2008 ~~~ ~~ ~.. ~ 14. Recreation: a) Would the project increase the use of existing neighborhood and regional parks or recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated (Source: 2, 4) 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, 4) 15. Transportation and Traffic. Would the Project: a) Cause an increase in traffic which is substantial in relation to the existing tr~c 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, 4) b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? (2, 4) 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? ~2, 4) d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? (2, 4) e) Result in inadequate emergency access? (4) fl Result in inadequate parking capacity? (4) g) Conflict with adopted policies, plans or programs supporting alternative transportation (such as bus turnouts and bicycle facilities) (4) Potentially Significant Impact Less Than Significant With Miti Qation Less than Significant Impact No Impact X X X X X X X X X City of Dublin Page 27 ~~ Initial StudyMielsen Property Project May 2008 PA 07-057 ~~~ ~~ ~~~ ~ 16. Utilities and Service Systems. Would the Project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (2,5) , 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~ 5~ 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? (4) -- d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or are new or expanded entitlements needed? (5) 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 ezisting commitments? (5) fl 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 regulations 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, substantially reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? City of Dublin Initial Study/Nielsen Property Project PA 07-057 Potentially Significant Impact Less Than Significant With Mitiaation Less than Significant Impact No Impact X X X X X X X X Page 28 May 2008 ~~ ~ ~~ 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 cunent 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 Sianificant With Miti~ation Less than Significant Impact No Impact X X ~ Sources used to determine potential environmental impacts 1. Eastern General Plan Amendment/Specific Plan 2. Eastern Dublin General Plan Amendment/Specific Plan EIR 3. Project Biological Assessment (LSA) 4. Site Visit 5. Discussion with City Departrnent or Service Provider 6. Other Source ~ Ciry of Dublin Page 29 ~ initial StudyMielsen Property Project ~ May 2008 PA 07-057 ~. ~~'1 ~.P ~58' .-~ 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 envirorunental information contained in the 1993 Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (State Clearinghouse No. 91103064), hereinafter referred to as the Eastern Dublin EIR. This _ EIR is hereby incorporated into this document as allowed by CEQA Guidelines Section 15150s 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 1V~ay 10, 1993. As part of the certification the Council adopted a Statement of Overriding Considerations for impacts including but not limited to: cumulative traffic, extension of certain community facilities (natural gas, `-" electric and telephone service), regional air quality, noise and visual. The Eastern Dublin EIR and related Eastern Dublin land use regulatory documents are available for public review at the City of Dublin Planning Division,100 Civic Plaza, Dublin, during normal business hours. The Eastern Dublin EIR contains a large number of mitigation measures which apply to this Project and which would be applied to any development within the Project area. Specific mitigation measures identified in the certified Eastern Dublin EIR for potential impacts are referenced in the text of this Initial Study. Pursuant to CEQA Guidelines Section 15162 and 15163, this Initial Study is intended to identify the potential for any new or substantially increased significant impacts on or of the Project which were not evaluated in the Eastern Dublin EIR and which would require additional environmental review. City of Dublin Page 30 Initial StudyMielsen Property Project May 2008 PA 07-057 ~ ~ ~~~ Attachment to Initial Study Discussion of Checklist 1. Aesthetics Environmental Settin~ The Project is set in the Tassajara Road corridor, which is transitioning from rural to urban land uses under the auspices of the City of Dublin General Plan Amendment and Eastern Dublin Specific Plan, adopted in 1993. - ' The Project Site is characterized by moderate to steep sloping open space/grazing areas with one single-family dwelling, one agricultural mobile home and associated outbuildings present on the Site. Surrounding properties consist of a newly constructed single and multi-family ~; residential area immediately north of the Project Site (Silvera Ranch), Quarry Lane School to the south, and undeveloped lands to the east within the Dublin Ranch community. The approved but not constructed Dublin Ranch West (Wallis Ranch) Project is located immediately west of the Project Site. Figure 3.8-H contained in the Eastern Dublin EIR identifies Visually Sensitive Ridgelands on the higher elevation portion of the Project site. Policies dealing with the treatrnent of Visually Sensitive Ridgelands contained in the Eastern Dublin EIR and in other land use regulatory documents are set forth below. As a largely undeveloped property, minimal light sources exist on the Site; however, properties to the north and south are developed and significant sources of light are present in these areas. Undeveloped properties east and west of the Site contain no light sources. Regulatory framework 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 County's General Plan Element has been ~, incorporated by reference into the City of Dublin General Plan. The Scenic Route Element contains the following principles that apply to scenic route rights-of-way: ~ Design scenic routes to minimize grading in rights-of-way; • Landscape rights-of-way of existing and proposed routes; • Utilize scenic route identification signs. Dublin General Plan. The Project area is included in the Eastern Dublin Extended Planning Area. Implementing Policy C.2 of the General Plan states that "proposed site ~rading and means of access will not disfi~re ridgelands." Further, Implementing City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 31 „~ May 2008 ~ >:, ~ 3~~ `75g ~ Policy C. 5 requires development Projects to be consistent with all applicable General Plan and Specific Plan policies." Eastern Dublin Specific Plan. The City of Dublin adopted the Eastern Dublin Specific Plan (EDSP) in 1993 to guide the future development of approximately 7,200 acres of land in the Eastern Dublin area. The Specific Plan includes a number of policies and programs dealing with visual resources, including but not limited to protection of ridgelines and ridgelands, scenic corridors, and hillside development. Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated visual resource impacts from the General Plan and EDSP Project. These include: • Mitigation Measure 3.8/ 1.0 would reduce Project impacts related to standardized tract development (IM 3.8/B) to a less-than-significant level. This mitigation requires future developers to establish visually distinct communities that preserve the character of the natural landscape by protecting key visual ~ elements and maintaining views from major travel corridors. Mitigation Measure 3.8/2.0 would reduce the impact of converting the rural and open space character of the General Plan Amendment and Specific Plan area (IM 3.8/B) but not to a less-than-significant level. The mitigation measure requires implementation of the land use plan that emphasizes retention of predominant natural features. Even with adherence to this measure, IM 3.8/B would remain significant and unavoidable on both a Project and cumulative level. • Mitigation Measure 3.8 / 3.0 would reduce the impact of obscuring distinctive natural features of the General Plan Amendment and Specific Plan area (IM 3.8/C) but not to a less-than-significant level. The mitigation measure requires implementation of the land use plan that emphasizes retention of predominant natural features. • Mitigation Measures 3.8/4.0-4.5 would reduce the impact of altering the visual quality of hillsides (I.M 3.8/D) to a less-than-significant level. These mitigation measures require implementation of appropriate Eastern Dublin Specific Plan policies including but not limited to use of sensitive grading design to minimize grading, use of existing topographic features, limiting use of flat pads for construction, using building designs that conform to natural land forms, recontouring hillside to resemble existing topography and minimizing the height of cut and fill slopes. • Mitigation Measures 3.8/5.0-5.2 would reduce the impact of altering the visual quality of ridges (IM 3.8/E) to a less-than-significant level. These mitigation measures limit development on main ridges that border the Specific Plan area to ` the north and east but are allowed on foreground hills, and would limit development in locations where scenic views would be obscured or would extend above a ridgetop. City of Dubiin Initial StudyMielsen Property Project PA 07-057 Page 32 May 2008 ~ ~~{ ~58 ~ • Mitigation Measures 3.8/7.0 and 7.0/1 would reduce impacts on scenic vistas (IM 3.8/I) to a less-than-significant level. These mitigation measures require protection of designated open space areas and direct the City to conduct a visual survey of the EDSP area to identify and map viewsheds. • Mitigation Measure 3.8/8.1 would assist in reducing impacts to scenic routes (Impact 3.8/J) to an insignificant level. This measure requires applicants adjacent to scenic routes, such as Tassajara Road, to submit visual analyses as part of development proposals. The proposed Project is required to adhere to applicable Eastern Dublin EIR mitigation measures related to visual resources. Eastern Dublin Scenic Corridor Poliaes and Standards. In 1996, the City of Dublin adopted scenic policies and standards for the Eastern Dublin area, known as the Eastern Dublin Scenic Corridor Policies and Standards. Overall scenic corridor policies included in this document applicable to this Project include: Policy 1: Maintain a strong visual identity relating to the natural landforms and key visual elements in the Eastern Dublin area. Policy 2: Create a positive image of Dublin for through travelers. Policy 6: Emphasize valley character by creating viewpoints and view corridors to knolls, foreground hills and foreground hills and to Tassajara Creek. Policy 7: Emphasize the semi-rural character of the area. Project Im~acts a,b) Have a substantial adverse impact on a scenic vista or substantially damage scenic resources, including visual resources within state scenic highway? PS. Approval and implementation of the proposed Project could impact Visually Sensitive Ridgelands as viewed from travelers on Tassajara Road, immediately west of the Project Site. Proposed grading and placement of dwellings on lots that could be created as part of the Project could also be inconsistent with visual resource policies set forth in the EDSP and included as mitigation measures which are in the Eastern Dublin EIR. These could be potentially significant impacts and will be addressed in the EIR. c) Substantially degrade existing visual character or the quality of the site? PS. The design of the proposed Project could be inconsistent with goals and policies set forth in the Eastern Dublin EIR and mitigation measures included in the Eastern Dublin EIR. This topic will be addressed in the EIR. d) Create light or glare? PS. The Project Site currently has minimal light sources and construction of the proposed Project would add additional light sources in the City of Dublin Page 33 ,~ Initial StudyMielsen Property Project May 2008 PA 07-057 ~-5~ .~5~- form of streetlights, building and yard lights. This impact would be potentially significant and will be addressed in the EIR. 2. Agricultural Resources Environmental Settin~ The Eastern Dublin EIR identifies a portion of the Project area as "lands of locally important farmlands." Locally important farmland is defined as land that contributes to the local production of food, feed, fiber, forage and oil seed. This Site is not identified as prime farmland or of statewide importance in the Easter Dublin EIR nor is ^ it located on the Alameda County Important Farmland Map. The Project Site has been historically used for livestock grazing purposes and a portion of the site is still grazed. No Williamson Act contract exists on the Site. Regulatory framework Eastern Dublin General Plan Implementing Policy C.3 for the Eastern Extended Planning Area requires a determination that "timing of development will not result in premature termination of viable agricultural operations on adjoining lands." Eastern Dublin EIR The Eastern Dublin EIR identified several potential impacts related to agricultural resources. Impact IM 3.1 / C stated that discontinuation of agricultural uses would be an insignificant impact due to on-going urbanization trends in Dublin and the Tri- Valley area. Impact 3.1 /D identified a loss of lands of Farmlands of Local Importance with approval and implementation of the General Plan and Specific Plan. This was also noted as an insignificant impact. 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 ? NI. Implementation of the proposed Project would convert a portion of locally important farmland and grazing land to urban uses, since existing grazing would cease should residences be constructed. The Site is not identified as "prime farmland" in the Eastern Dublin EIR or on the Alameda County Important Farmland Map. The Project Site is approximately 10 acres in size and is substantially surrounded by existing or proposed residential and institutional land uses that would not be compatible with livestock grazing. The size of the site (10 acres) may also not be large enough to sustain large-scale agricultural uses and there could be conflicts between agricultural uses, such as noise and odors, and recently constructed dwellings just north of the site. The Eastern Dublin EIR states that the loss of locally important farmland to urban uses is a less than significant impact. City of Dublin Page 34 Initial StudyMielsen Property Project May 2008 PA 07-057 ~~'~ `75 ~ "~ ~ ~ Conversion of the Nielsen property from a rural residential/agricultural to an urban land use would be consistent with the analysis contained in the Eastern Dublin EIR and no new or more significant impacts would result. No impacts are anticipated with regard to this topic. b) Canflict with existing zoning for agricultural use, or a Williamson Act contract? NI. A Williamson Act contract does not exist on the Site. The Project sponsor has requested a rezoning that would allow single-family residences and that would also remove agriculfiural uses on the site. No impacts would therefore result with regard to this topic. 3. Air Quality Environmental Settin~ The Project is within the Amador Valley, a part of the Livermore sub-regional air basin distinct from the larger San Francisco Bay Area Air Basin. The Livermore sub-air basin " is surrounded on all sides by high hills or mountains. Significant breaks in the hills surrounding the air basin are Niles Canyon and the San Ramon Valley, which extends northward into Contra Costa County. Re~ulatorv Settin~ The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated air quality impacts from the General Plan and EDSP Project. These include: Mitigation Measures 3.11 / 2.0-4.0 would reduce project and cumulative impacts related to vehicle emission from construction equipment (IM 3.11/B) but not to a less-than-significant level. These mitigations require emission control from on- site equipment, completion of a construction impact reduction plan and others. Even with adherence to these mitigations, this impact would remain significant and unavoidable. Mitigation Measures 3.11 /5.0-11.0 would reduce mobile source emission from ROG and NOx (IM 3.11 / C) but not to a less-than-significant level. Mitigation measures require coordination of growth with transportation plans and other measures; many of which are at a policy (not a Project) level. Even with adherence to adopted mitigations, IM 3.11 / C would remain significant and unavoidable. Mitigation Measures 3.11 / 12.0-13.0 would reduce Project and cumulative impacts related to stationary source emissions (IM 3.11 / E) but not to a less-than- significant level. The two adopted mitigations require reduction of stationary source emissions to the extent feasible by use of energy conservation techniques and recycling of solid waste material. Even with adherence to the two measures, stationary source emissions would remain significant and unavoidable. City of Dublin Page 35 ~ Initial StudyMieisen Property Project May 2008 PA 07-057 ,„.:: ~35~7 ~'S8 ~ The proposed Project will be required to adhere to applicable mitigation measures related to air quality. The proposed Project also will be required to adhere to all applicable regulations of the Bay Area Air Quality Management District. Pro~ect Impacts a) Would the project conflict or obstruct implementation of an air quality plan? PS. The proposed Project includes amending the Dublin General Plan and the Eastern Dublin Specific Plan to increase the allowed number of dwellings on the Site from one to a maximum of 36 dwelling units if the duplex units and Lot 34 are constructed. Since the BAAQMD's regional Clean Air Plan is based on the current General Plan along with associated population projections and trip generation, the Project would not be consistent with the Clean Air Plan. This inconsistency -' would a potentially significant impact and will be analyzed in the EIR. b) Would the Project violate any air quality standards? PS. Construction of the proposed Project would generate dust and construction emissions that would contribute to air pollution in the area and region. This would be a potentially significant impact - j' and will be addressed in an EIR. The issue of global climate change was not addressed in the Eastern Dublin EIR since this was not recognized as a major environmental issue at the time this EIR was certified in 1993. It is now considered a potentially significant impact and will be addressed in the EIR. c) Would the Project result in cumulatively considerable air pollutants? PS. The Eastern Dublin EIR found that adoption of the Eastern Dublin General Plan Amendment and Specific Plan would result in significant and unavoidable impacts with regard to mobile sources of Reactive Organic Gasses and Nitrogen Oxide (Impact 3.8/C). Even with adherence to Mitigation measures 3.11 / 5.0 through 11.0, this impact could not be reduced to a less-than-significant level. Since the proposed Project would increase the number of dwellings and associated vehicles over that analyzed in the Eastern Dublin EIR, this would continue to be a potentially significant impact and will be analyzed in the EIR. d,e) Would the Project expose sensitive receptors to significant pollutant concentrations or create objectionable odors? NI. The proposed Project is a residential development project and does not include manufacturing or similar land uses, therefore no objectionable odors would be created and no impact would result. 4. Biological Resources (The following section is based on a biological reconnaissance survey prepared by LSA Associates (Apri12008). This report is incorporated by reference into this Initial Study , and is available for review at Dublin City Hall during normal business hours.) Environmental Settin~ Existing biological conditions on the Project Site are classified into two broad categories: developed and undeveloped. Developed portions of the Site have been City of Dublin Page 36 Initial Study/Nielsen Property Project May 2008 PA 07-057 3~g ~..sg ~ graded with cuts and fills, creating four building pads and an on-site road connecting the pads. Pads are occupied by two houses, cattle corrals and an open area used for seasonal Christrnas tree sales. Portions of the Site have been fenced with barded wire fencing. Approximately one-half of the Site is in a largely natural condition, and supports both native and non-native grasslands. Grassland is found on sloping portions of the Site and consists of Italian ryegrass, soft chess and wild oat all non-native, introduced plant species. Common introduced broadleaf species included fennel, mustard and yellow-star thistle. Native plants on the Site are estimated to make up approximately 20% of the total number of species on the Site. A number of Monterey pine trees have been planted on a slope below the primary residence, many of which are dead or dying. Wildlife directly or indirectly observed on the Site by the wildlife biologists included western fence lizard, American kestrel, mourning dove, scrub jay, western `-' meadowlark, striped skunk, California ground squirrel and Botta pocket gopher. Turkey vultures and red-tailed hawk were observed soaring above the Site. Special-status species Table 1 presents a list of special status plant species known to occur in the general vicinity of the property and which could occur in the non-native annual grassland. The table also presents the status, habitat and blooming period of each species. The table does not include special status plant species found in the region that occur in habitat types not found on the Site, such as serpentine areas, alkali soils and wetlands. Of specific concern was the potential presence of Congdon's tarplant, a species which in past years has been reported from the field on the west side of Tassajara Road, across the road from the Project Site. Congdon's tarplant was not observed on the Site. Table 2 presents a list of special status wildlife species known to occur in the general vicinity of the Project Site and which are known to use non-native grassland. The table presents information on their status, habitat and an assessment of their likelihood to be present on this Site. Four special status bird species (CDFG species of special concern) could potentially occur on this property, including burrowing owls or the nests of white-tailed kite, burrowing owls and / or loggerhead shrike. Wetlands No streams or wetlands were observed on the Site by the field biologist that would be subject to the jurisdiction of the U.S. Army Corps of Engineers, the California Regional Water Quality Control Board or Departrnent of Fish and Game. City of Dublin Page 37 ,~ Initial StudyMielsen Property Project May 2008 PA 07-057 ' ~. ~~~ ?~ ~~ Re~ulatorX Settin~ Eastern Dublin EIR. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts to biological resources from the General Plan and EDSP Proj ect. These include: Mitigation Measures 3.7/ 1.0-4.0 would reduce impacts related to direct habitat loss (IM 3.7/A) to a less-than-significant level. These mitigations require minimization of direct habitat loss due to development, preparation of vegetation management and enhancement plans and development of a grazing management plan by the City of Dublin. ~ Mitigation Measure 3.7/5.0 would reduce impacts related to indirect loss of vegetation removal (IM 3.7/B) to a less-than-significant level. Mitigation Measure 3.7/5.0 requires revegetation of graded or disturbed areas as quickly as possible. Mitigation Measures 3.7/6.0-17.0 would reduce impacts related to loss or degradation of botanically sensitive habitats (IM 3.7/C) to a less-than-significant level. These measures require a wide range of steps to be taken by future developers to minimize impacts to sensitive habitat areas, including preserving natural stream corridors, incorporating natural greenbelts and open space into development Projects, preparation of individual wetland delineations, preparation of individual erosion and sedimentation plans and similar actions. • Mitigation Measures 3.7/18.0-19.0 would reduce impacts related to the San Joaquin kit fox (IM 3.7/D) to a less-than-significant level. These measures require consultation with appropriate regulatory agencies regarding the possibility of kit fox on Project sites and restrictions on use of pesticides and herbicides. - • Mitigation Measures 3.7/20.0-22.0 would reduce impacts related to the tri- colored blackbird (IM 3.7/I) to a less-than-significant level. These measures require preconstruction surveys for this species and protection of impacted habitat areas. These measures also apply to burrowing owl and badger species. The Eastern Dublin EIR also addresses potential impacts and mitigation measures regarding bald eagle, peregrine falcons, red-legged frog, California tiger salamander, western pond turtle the prairie falcon, northern harrier, black-shouldered kite, sharp- shinned hawk, Cooper's hawk, short-eared owl and California horned lizard. The proposed Project will be required to adhere to applicable biological resource mitigation measures contained in the Eastern Dublin EIR. ' Pro~ect Im~acts a) Have a substantial adverse impact on a candidate, sensitive, or special-status species? PS. The Eastern Dublin EIR identified twelve special status plant species, City of Dublin Page 38 Initiai Study/Nielsen Property Project May 2008 PA 07-057 v~~0 Js~ ~ seventeen special status amphibian, reptile, bird and mammal species, and ten special status invertebrate species which could potentially occur within the entire Eastern Dublin planning area (Tables 3.7-1 and 3.7-2, pp. 3-7.19-21.) Based on the recent LSA biological reconnaissance on the Site, no new candidate, sensitive or special-status species not identified in the Eastern Dublin EIR is present o the Site. Mitigation Measures 3.7/20.0 contained in the Eastern Dublin EIR to undertake preconstruction surveys for special-status species, induding but not limited to burrowing owl, white-tailed kite and loggerhead shrike. However, the LSA report does recommend that additional special-status plant surveys are necessary to determine the presence or absence of such species on the Neilsen site. This would be a potentially significant impact and will be analyzed in the EIR. b, c) Have a substantial adverse impact on riparian habitat or federally protected wetlands? NI. Based on Chapter 3.7 of the Eastern Dublin EIR and the recently completed biological reconnaissance prepared for this Project by LSA, no wetlands or waters of the U.S. are present on the Site. No new or more significant impacts to wetlands or riparian habitat than previously identified would therefore occur should the Project be constructed. d) Interfere with movement of native fish or wildlife species? NI. The Project Site is largely fenced as part of previous and on-going cattle ranching and residential uses on the Site. Existing fencing precludes significant wildlife movement on or through the Site. The absence of creeks or streams precludes movement or fish or amphibian speaes, so no new or more severe impacts would result than were analyzed in the Eastern Dublin EIR. e) Conffict with local policies or ordinances protecting biological resources? PS. Implementation of the Project would result in the loss of one tree that qualifies as a Heritage Tree pursuant to the City's Heritage Tree Ordinance. The Project applicant will be required to obtain a permit from the City prior to removing the tree and plant replacement trees. Because the removal of the tree does not comply with the City's Heritage Tree Ordinance, this impact is potentially significant and will be analyzed in the EIR. f) Conflict with any adopted Habitat Conservation Plans or Natural Community Conservation Plans? NI. The Project area is not located within the boundaries of a habitat conservation plan or a natural community conservation plan area. City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 39 ,,,~ May 2008 ~ ` ~~ ~5 ~ ~ Table 1. Potentially Occurring Special-Status Plant Species Status* Suitable (Federal/State Habitat Present S ecies /CNPS) Habitat Notes on Site Balsamorhiza macrolepis -/-/ List 1B Thin, rocky soil on hillsides, No var macrolepis sometimes on serpentine, Big-scale balsamroot grasslands and woodlands; blooms March-June Blepharizonia plumosa ssp -/-/List 1B Thin soils in grasslands; blooms Not detected plumose July-October Bi ta lant Centromadia parryi ssp. -/-/ List 1B Alkaline or saline clay soil in annual grasslands in valleys; Yes Not detected congdonii Con don's tar lant blooms June-November. Cordylanthus palmatus FE/SE/List Valley and foothill grasslands in Marginal Palmate-bracted 1B alkaline soil and in chenopod bird's-beak scrub; Ma -October Madia radiata -/-/List 1B Valley and foothill grasslands; Yes Show madia blooms March-Ma Trifolium depauperatum -/-/List 1B Valley and foothill grasslands Marginal var. hydrophilum (mesic, alkaline) marshes and , saline clover swamps, and vernal pool habitats. Blooms A ril-June 'Status: CNPS List 1 B= rare, threatened or endangered in California and eisewhere FE = Federal Endangered SE = State Endangered Source: LSA Associates, 2008 City of Dublin Page 40 Initial StudyMielsen Property Project May 2008 PA 07-057 Table 2. Potentially Occurring Special Status Wildlife Species Species Status* Federal/State Habitat Notes Potential to Occur On-site Ambystoma californiense California tiger salamander FT/SC Grassland/savanna habitats with Grassland with ground squirrel burrows is physically seasonal ponds for breeding suitable upland habitat. New residential development, Fallon Road construction and Tassajara Road effectively isolate site from nearest breeding ponds located 2,750 feet to northeast and 3,750 feet to east. Rana aurora draytonii California red-legged frog FT/SC Ponds and streams Species present in Dublin Ranch Northern Drainage Mitigation Area and Tassajara Creek. Site is physically suitable dispersal habitat. Value as dispersal habitat minimal due to surroundin roads, develo ment. Buteo regalis Ferruginous Hawk -/SC Grassland, savanna Ferruginous hawks winter in this area. Site is marginal foraging habitat. Species is not common in partially develo ed areas. Aquila chrysaetos Golden eagle BA/SC Large trees, cliffs for nesting; Golden eagles nest approximately 4,000 feet to the east forages over grasslands in the "Northern Drainage." May fly over site but is unsuitable for foraging due to development on and ad'acent to site. Elanus leucurus White-tailed kite -/CFP Nests in trees and tall shrubs, Species is resident in area and could forage on-site. forages over a variety of Marginal nesting habitat is present. habitats Speotyto cunicularia hypugea (nesting) -/SC Grassland/pastureland; nest in Grassland with ground squirrel burrows is physica]ly Western burrowing owl ground squirrel dens suitable habitat. No evidence of presence detected durin field surve . S ecies could occur here Lanius ludovicianus (nesting) Loggerhead shrike -/SC Nests in shrubs and low trees . Marginal nesting habitat present in ornamental trees. Grassland could be used for fora in . City of Dublin Initial StudyMielsen Property Pro Page 41 ject PA 07-057 1 May 2008 ~ ~ ~ J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ! ~ ~ t a ~ a - Species Status* Habitat Notes Potential to Occur On-site Federal/State City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 41 May 2008 W ~ ~ ~1~1 ~ S ecies p Status* Federal/State Habitat Notes Potential to Occur On-site Eremophila alpestris (nesting) -/SC Nests in large patches of well Species prefers valley bottoms and ridgetop where California horned lark grazed grassland barren, sparse grasslands occur. Steep hillside grassland such as that found on this property infre uentl used. Taxidea tazus -/SC Grassland, savanna, and other Badgers found in areas of extensive grassland habitat American badger open habitats with low levels of human disturbance. On-site grassland too small and too much human activity to support this species. No sign of badger activity detected durin field surve . Vulpes macrotus mutica FE/ST Grassland, savanna, and other Small size of property and level of on-site and San Joaquin kit fox open habitats surroundin develo ment recludes use b this species. Status: FE = federally listed as endangered FT = federally listed as threatened BA = Federal Bald Eagle Act ST = California listed as threatened SC = California species of special concern CFP = California fully protected Source: LSA Associates ~ ~ ~ ~ J ~ ~ City of Dublin Initial Study/Nielsen Property Project PA 07-057 Page 42 May 2008 ~ ~ ~ ~ ~ ~ ~ :1 ~ ~ ~ '~ ~ ~ a ~ ~ # ~ - ,~ . ~ ~ a , „ . ~~~ ~ ~ g 5. Cultural Resources Environmental Settin~ The 1993 Eastern Dublin EIR contains a comprehensive listing of historic, archeological, Native American and other cultural resources in the overall Eastern Dublin area. Chapter 3.9 of the EIR, Cultural Resources, does not identify the presence of identified archeological or prehistoric resources on the Project Site. The Site is largely vacant but does contain one single-family residence (constructed in ^ 1976), one agricultural mobile home (constructed in 1995) and various outbuildings associated with agricultural uses. The Site has been disturbed as a result of constructing existing buildings and roadways, disking the site for weed control and by cattle grazing. ' Eastern Dublin EIR `-' The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts to culhxral resources. The mitigation measures applicable to this Project are: Mitigation Measures 3.9/1.0-4.0 reduced impacts that could be caused as a result of disruption or destruction of identified prehistoric resources. These measures require approval of a program for testing for presence or absence of midden deposits and, if significant deposits are found, recordation of such resources on State survey forms, and retention of a qualified archeologist to develop a protection plan for such resources in accordance with CEQA. • Mitigation Measures 3.9/5.0-6.0 reduced impacts related to the disruption or destruction of unrecorded prehistoric resources (IM 3.9B) to a less-than- significant level. The proposed Project will be required to comply with applicable cultural resource mitigation measures in the Eastern Dublin EIIZ. Project Impacts a) Cause substantial adverse change to significant historic resources? NI. Although two dwellings exist on the Site, these structures are less than fifty years old and do not meet the standards for significant historic resources under federal, state or local law. The Eastern Dublin EIR does not identify historic resources on this Site, so there would no new or more significant impacts with regard to historic resources on the Site that have not been analyzed in the Eastern Dublin EIR. b, c) Cause a substantial adverse impact or destruction to archeological or paleontological ' resources or human remains? NI. The Eastern Dublin EIR identifies a remote but potentially significant possibility that construction activities, including site grading, trenching and excavation, may uncover significant archeological and/or paleontological resources on development sites. Mitigation Measures City of Dublin Nage 4;~ Initial StudyMieisen Property Project May 2008 -' PA 07-057 ~3~6 ~ ~ ~5~ 3.9/ 1.0 through 3.9/4.0 (page 3.9-6 - 3.9-7) require subsurface testing for archeological resources if such are found during site disturbance; recordation and mapping of such resources; and development of a protection program for resources which qualify as "significant" under Appendix K of the CEQA Guidelines. Mitigation Measures 3.9/5.0 and 3.9/6.0, described above, were also adopted to address Eastern Dublin IM 3.9/B, the potential disruption of any previously unidentified pre-historic resources and would apply to the Project as may be appropriate. No new or more significant impacts beyond those analyzed in the Eastern Dublin EIR with regard to archeological or paleontological impacts are therefore anticipated. d) Disturb any human remains, including those interred outside of a formal cemetery? NI. A remote possibility exists that historic or pre-historic human resources could be uncovered on the Project Site during grading and construction activities. At the time the Eastern Dublin EIR was certified, the potential for impacts on unknown and unsurveyed human remains was not a separate CEQA checklist item, as in current Appendix G of the CEQA Guidelines. Former Appendix K, Archeological Impacts, specifically addressed human remains, which provisions now have been incorporated into CEQA Guidelines Section 15064.5 and apply to the Project pursuant to Mitigation Measures 3.9/5.0 and 6.0. No new or more significant impacts beyond those previously identified are anticipated with regard to disturbance of human remains with adherence to these Eastern Dublin EIR Mitigation Measures and no new mitigation measures are required. A Native American Tribal Consultation has been undertaken as part of the EIR as required by SB 18. 6. Geology and Soils '~' - Environmental Settin~ . Soils, geologic and seismic conditions were analyzed in Chapter 3.6 of the Eastern ~' Dublin EIR. A more recent report regarding Site soils and geology was prepared by ~~ry Berlogar Geotechnical Consultants in July 2007, titled "Preliminary Geotechnical Investigation, Neilsen Property, Tassajara Road and Silvera Ranch Drive, Dublin, *' California." This document is incorporated by reference into this Initial Study and is ,~. available for review at the Dublin Community Development Department during normal business hours. .~ Site topography consists of hilly terrain with a northwest-southeast trending minor ridge and swale. Portions of the Site contain fill material, either graded on the Site or imported. Grading has occurred in order to create a large relatively flat pad on the site that accommodates a single family dwelling, relatively flat pads for a second dwelling on the Site, a horse arena and for an on-site driveway. City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 44 ~ May 2008 ~ ~ ~, ~~ ~sg ~ Similar to other properties in the San.Francisco Bay Area, the Project Site is subject to the potential of moderate to severe groundshaking in the event of seismic activity on regional faults. The Berlogar report identifies an historic landslide in the northwest portion of the Site, but was not found as part of this geologic investigation. Some Site soils have the potential for shrink and swell as well as differential settlement. Eastern Dublin EIR The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts related to Soils, Geology and Seismicity from the General Plan and EDSP Project. These include: • Mitigation Measure 3.6/1.0 reduced impacts related to primary effects of earthquake ground shaking (IM 3.6/B) but not to a less-than-significant level. - This mitigation measure requires that future structure and infrastructure facilities be designed to applicable local and state building codes. Mitigation Measures 3.9/2.0-8.0 reduced impacts related to the secondary effects of earthquake ground shaking (IM 3.9/C) to a less-than-significant level. Mitigation measures mandate building setbacks from landslides; stabilization of unstable land forms; removal and reconstruction of unstable soils; use of engineered retaining structures; use of appropriately designed and engineered fill; and design of structures to account of potential soil failure. • Mitigation Measures 3.6/9.0-10.0 reduced impacts related to substantial alteration to landforms to a less-than significant level (IM 3.6/D). Mitigations require minimal grading plans with minimal cuts and fills and careful siting of homes and improvements to avoid excessive grading. - • Mitigation Measures 3.6/14.0-16.0 reduced impacts related to expansive soils (IM 3.6/H) to a less-than-significant level. Mitigation measures require formulation of site-specific designs to overcome expansive soils, reducing the amount of moisture in the soil and by appropriate foundation and pavement ' design. ~ • Mitigation Measures 3.6/17.0-19.0 reduced impacts related to natural slope stability (IM 3.6 / I) to a less-than-significant level. Mitigation measures mandate formulation of use of site-specific designs based on follow-on geotechnical reviews of individual developments, limiting the location of improvements on downslopes of unstable soils, removal / reconstruction of potentially unstable slope areas and installation of surface and subsurface slope drainage improvements. • Mitigation Measures 3.6/20.0-26.0 reduced impacts related to cut and fill slope stability (IM 3.6/J) to a less-than-significant level. These measures include City of Dublin Page 45 Initial StudyMielsen Property Project May 2008 PA 07-057 ~ ~ ~ ~5~ developing grading plans for hillside areas that minimize grading and associated cuts and fills, ensuring that grading plans comply with appropriate building codes, utilizing keys and benches as part of grading to ensure slope stability and minimizing use of unreinforced fill slopes, appropriate compaction of fill areas and on-going maintenance of slope drainage areas. • Mitigation Measure 3.6/27.0 reduced the impact related to short-term construction-related erosion and sedimentation (IM 3.6/K) to a less-than- significant level. This measure includes limiting timing of construction to avoid the rainy season and implementing a number of other specific erosion control measures. - • Mitigation Measure 3.6/28.0 reduced the impact related to long-term erosion and sedimentation (IM 3.6/L) to a less-than-significant level. This measure includes installation of erosion control facilities into individual development Projects, including sediment catch basins, creek bank stabilization, revegetation of graded areas and similar measures. The proposed Project will be required to comply with applicable soil, geologic and seismic mitigation measures contained in the Eastern Dublin EIR. 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? PS. The Berlogar report identified one historic landslide in the northwest portion of the Site. Since a private school has been constructed immediately south of the Project Site, a peer review of the geotechnical report should be undertaken to ensure that other areas of landslide potential do not e~cist on the Site and that adequate mitigation is identified. This issue will be analyzed zn the EIR. With regard to the potential for seismic ground rupture, groundshaking and -- ground failure on the Project Site, adherence to Mitigation Measures 3.6/2.0 through 3.6/7.0 contained in the Eastern Dublin EIR will ensure that these impacts will be reduced to a level of insignificance and no new or more significant impacts regarding seismic ground shaking beyond those analyzed in . the Eastern Dublin EIR are antiaipated. b) Is the site subject to substantial erosion and/or the loss of topsoil? NI. Construction of the proposed Project improvements on the Neilsen Site 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 (see Eastern Dublin EIR Impact 3.6/K). Long-term impacts could result from modification of the ground-surface and removal of existing vegetation (Eastern Dublin EIR Impact 3.6/L). The Project applicant will be required, as a standard condition of Project approval by the City of Dublin, to prepare and implement an erosion control plan, consistent with City of Dublin and Regional Water Quality Control Board standards. With implementation of City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 46 ,~ May 2008 ~ ~~~ ~~ ~ Mitigation Measures contained in the Eastern Dublin EIR and standard conditions of approval imposed by the City regarding water quality features, no new or more significant impacts related to erosion and loss of topsoil would occur than was analyzed in the Eastern Dublin EIR and no additional analysis is required. c,d) Is the site located on soil that is unstable or expansive or result in potential lateral spreading, liquefaction, landslide or collapse? PS. Based on the Site-specific geotechnical analysis, expansive soils are present on some site soils that could result in differential settlement. The report also notes the presence of historic landslides on the Site. These could result in potentially significant impacts and will be analyzed in the EIR. e) Have soils incapable of supporting on-site septic tanks if sewers are not available? NI. Proposed residences on the Project Site would be connected to sanitary sewers provided by DSRSD, so there would be no impacts with regard to septic systems. 7. Hazards and Hazardous Materials Environmental Settin~ A Phase I Environmental Site Assessment was prepared on the Site in 2005 as part of an application for a wireless cellular telephone facility on the property. This document is titled "Phase I Environmental Site Assessment on a Proposed Communication Service Facility to be Located on an Agricultural Ranch Property at 6407 Tassajara Road Near Dublin in Unincorporated Alameda County California." The report was prepared by EarthTouch, Inc and is incorporated by reference into this Initial Study. The EarthTouch report is available for review at the Dublin Community Development Department during normal business hours. The Phase I analysis identified minor potential contamination on the Site in the form of three aboveground fuel storage tanks and five 55-gallon drums filled with oil from agricultural operations on the site. No leaking underground tanks were observed on the Site and no records were found from regulatory agencies documenting previous hazardous materials spills, landfills on the Site or similar contamination. Based on Figure 3.1-D contained in the Eastern Dublin EIR, the Project Site is located within the height referral area from Livermore Municipal Airport but is outside of the Airport Protection Zone of this Airport. 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 impact with regard to transport, use or disposal of hazardous materials, since the proposed ° Project involves construction of a residential development on the Neilsen City of Dubiin Nage 4i Initial StudyMielsen Property Project May 2008 PA 07-057 .~?~~ ~ ~ ~JG Property. There would be normal and customary use and storage of hazardous materials associated with the proposed development, including but not limited to lawn and garden chemicals, paints and household solvents. Existing use of chemicals associated with the current agricultural operation on the Site would cease should the Project be approved. 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? PS. Demolition of existing residences on the Site, as proposed, could release asbestos, lead, polychlorinated biphenyls and perhaps other substances into the atrnosphere and would be a potentially significant impact that should be addressed in the Supplemental EIR. This impact was not addressed in the Eastern Dublin EIR. In addition, additional site-specific hazardous materials analyses should be undertaken on the full Project Site rather than just the telecommunication facility on the Site. c) Emit hazardous materials or handle hazardous materials or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? PS. *° Approval and implementation of the proposed Project could release lead based ~ paint particles and/or asbestos into the atrnosphere due to demolition of existing residences on the Site. Quarry Lane school exists immediately south of the Project ~$ Site. This could be a potentially significant impact and will be analyzed in the EIR. d) Is the site listed as a hazardous materials site? NI. No properties comprising the ~. Project area are listed on the State of California Department of Toxic Substances Control as an identified hazardous site as of March 28, 2008. Therefore, there is no ' impact with regard to this topic. ~ e,f) Is the site located within an airport land use plan of a public airport or private airstrip? LS. The Project Site is located west of the Livermore Municipal Airport and is within the Height Referral Area of the airport, as identified in the Eastern Dublin EIR. This Project must therefore be reviewed by the Alameda County Airport Land Use Commission for consistency with height requirements prior to Project construction. The Site lies outside of the Airport Protection Area (APA) of the airport, so that there would be no conflict between proposed residential uses and airport safety zones for the Livermore Airport. Overall, Project impacts with regard to airport hazazds would be less-than-significant. g) Interference with an emergency evacuation plan? NI. The proposed Project would include the construction of a residential Project on private land. No emergency evacuation plan would be affected since no roadways would be blocked. No impact would therefore result with regard to this topic. h) Expose people and structures to a significant risk of loss, injury or death involving wildland fires or where residences are intermixed wifh wildlands? NI. The Project Site is located in a substantially developed area along Tassajara Road, although properties to the east of the site are undeveloped. Impacts related to wildland fires was analyzed in the Eastern Dublin EIR and, with adherence to mitigation City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 48 ,~ May 2008 ~<: ~ ~~. ~ ~'~ . ~~g ~ measures contained in this EIR, impacts related to wildland fire would be less- than-significant. As required by Eastern Dublin EIR mitigation measures, the proposed Neilsen Project will be required to adhere to the City of Dublin Wildfire Management Plan. This Plan requires each development Project to include a fire buffer zone near wildlands, ensuring maintenance and brush dearing in buffer zones, using fire resistant building materials and allowing adequate access for fire equipment. Based on the analysis of wildfire hazard and with adherence to mitigation measures contained in the Eastern Dublin EIR, no new or more significant impacts related to wildfires not analyzed in the Eastern Dublin EIR would occur and no additional analysis is required. ~ 8. Hydrology and Water Quality Environmental Settin~ Local surface water -' The Project Site is located within the Alameda Creek watershed which drains to the San Francisco Bay via the Arroyo Del Valle and Arroyo de la Laguna through Niles Canyon. The nearest body of water to the Site is Tassajara Creek, which flows in a north-south direction along the west of the Project Site across Tassajara Road. 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). The City of Dublin is a co-permittee of the Alameda County Clean Water Program, ~` which is a coordinated effort by local governments in Alameda County to improve water quality in San Francisco Bay. >~- In 1994, the RWQCB issued a set of recommendations for New and Redevelopment Controls for Storm Water Programs. These recommendations include policies 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 construction activities. Watershed protection goals are based on policies identified in the San Francisco 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; City of Dublin Page 49 Initial StudyMieisen Property Project May 2008 PA 07-057 ~~ ~:~ ;~ ~ "75g and treatrnent programs to achieve the water quality objectives identified by the Basin Plan for the beneficial uses of surface waters, groundwaters, wetland and marshes. Existing surface water quality is affected by a number of pollutants generated from existing structures, parking areas and agricultural uses on the Site, including but not limited to petrochemicals (oil and grease), yard and landscape chemicals (herbicides, pesticides and fertilizers), and similar sources. Flooding The topographic elevation of the Site is over 400 feet above Mean Sea Level. Based on he Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, the Project Site lies outside of a 100-year flood hazard area (FIRM Map ~ommunity Panel No. 0600010115, updated 9/97). Regulatory Setting Eastern Dublin EIR -- The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts related to hydrology and storm drainage from the General Plan and EDSP Project. These indude: • Mitigation Measures 3.5/44.0-48 would reduce impacts related potential flooding (IM 3.5/Y) to a less-than-significant level. These mitigation measures require new storm drainage facilities as part of new development; developers to prepare storm drain plans for individual development projects; and requires new flood control facilities to alleviate downstream flooding potential. • Mitigation Measures 3.5/51.0 through 55.0 would reduce impacts related to non-point source pollution (IM 3.5/AA) to a less-than-significant level. These mitigation measures mandate that specific water quality investigations be submitted as part of development Projects and that the City should develop community-based programs to educate residents and businesses to reduce non- point source pollution. The proposed Project is also required to comply with all NPDES and RWQCB regulations (including preparation of a SWPPP as described above). Project Impacts a) Violate any water quality standards or waste discharge requirements? PS. The issue of water quality standards was analyzed in the Eastern Dublin EIR. This was Impact 3.5/AA, non-point sources of water pollution. Although Mitigation Measures 3.5/51.0 through 55.0 for each development Project within Eastern Dublin were previously adopted, updated regional water quality standards have been adopted since certification of the Eastern Dublin EIR. Consistency with revised and more stringent water quality standards could be a more significant impact than analyzed in earlier documents and this topic will be addressed in the EIR. City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 50 „~ May 2008 ~ ~ ~ ~' ~~ ~~ '~5~ b) Substantially deplete groundwater recharge areas or lowering of water table? NI. Impact 3.5/Z contained in the Eastern Dublin EIR noted that the Eastern Dublin area already has minimal recharge capabilities and that approval of the Eastern Dublin Specific Plan could reduce the amount of undeveloped land in the region used for groundwater recharge. No new or substantially more severe impacts would result regarding depletion of groundwater recharge areas or lowering of the water table. With adherence to Mitigation Measures 3.5/49.0 and 50.0, this impact would be reduced to a level of less-than-significant. These mitigation measures require local water supply agencies to plan faalities and undertake management to protect and enhance water quality and to support Zone 7's on-going water recharge efforts. The Eastern Dublin EIR assumed development of the Project Site, so the Project would result in no new or significantly increased impacts than previously analyzed in the Eastern Dublin EIR. c) Substantially alter drainage patterns, including streambed courses such that substantial siltation or erosion would occur? PS. New impexvious surfaces would be added to the Site to accommodate new dwellings, roadways, driveways and similar surfaces. Existing drainage patterns would be modified which could result in a potentially significant impact that may not have fully analyzed in earlier documents. This topic will be analyzed in the EIR. d) Substantially alter drainage patterns or result in flooding, either on or off the project site? PS. The proposed Project would likely alter existing drainage patterns from existing conditions since no formal drainage system exists on the Site. This topic will be analyzed in the EIR. e) Create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff? PS. The ability of downstream drainage facilities to accommodate additional quantities of stormwater runoff from the Project Site could be a potentially significant impact due to the proposed level of development on the Site. This topic will be analyzed in the EIR. ~ f) Substantially degrade water quality? PS. This is a potentially significant issue and has been addressed above in item "a." g) Place housing within a 100-year flood hazard area as mapped by a Flood Insurance Rute Map? NI. The Project Site lies outside of a 100-year flood plain and there would be no new or substantially more severe impact with regard to flooding potential than was analyzed in the Eastern Dublin EIR. h, i) Place within a 100-year flood hazard boundary structures that impeded or redirect flood flow, including dam failures? NI. Refer to item "g," above. j) 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 new or substantially increased impacts would therefore result with regard to this topic than was analyzed in the Eastern Dublin EIR. City of Dublin Page 51 Initiai Study/Nielsen Property Project May 2008 PA 07-057 ~~r~ ~ ~~ ~. ~ 9. Land Use and Planning Environmental Settin~ Existing land uses Land use on the Site includes one single-family dwelling, one agricultural mobile home, outbuildings, wireless communications facilities and a private driveway accessing the residences. The property has historically been used for cattle grazing and sales of seasonal products. Property to the north contains single- and multi-family dwellings in the Silvera Ranch development. West of the Project Site is vacant land known as the Dublin Ranch West property, which has been approved for the development of a park and 935 residential dwellings. Quarry Lane School, a private educational facility, has been constructed south of the Site. Property east of the Neilsen Site is vacant. Re u~ lato~ SettinQ The Dublin General Plan designates the Project Site as "Rural Residential/Agriculture." This land use designation allows one residential dwelling per 100 acres of land as well as agricultural uses. An application has also been filed with the City of Dublin to amend the General Plan and the Eastern Dublin Specific Plan to change the land use designation in both documents from "Rural Residential/Agriculture" (1 dwelling unit per 100 acres) to "Single Family Residential" (.9-6.0 dwelling units per acre). Surrounding land uses include Open Space, Medium Density Residential, Medium-High Density Residential and Rural Residential / Agriculture. An application for a Stage 1& Stage 2 Development Plan and tentative subdivision map has also been filed with the City. Project Im~acts a) Physically divide an established community? I~TI. The Project Site is surrounded by an existing residential development to the north, a similar development to the west which has been approved but not constructed (Dublin Ranch West) and a private school to the south. If approved, development on the Neilsen Site would be consistent with the general development pattern along Tassajara Road and no established communities would be divided. No new or significandy increased impacts than analyzed in the Eastern Dublin EIR would therefore result with regard to this topic. b) Conflict with any applicable land use plan, policy or regulation? PS. The design of the proposed development may not be consistent with one or more goals or policies regulating hillside development contained in the Eastern Dublin Specific Plan that could result in a potentially significant impact. This topic will be addressed in the EIR. City of Dublin Page 52 Initial StudyMielsen Property Project May 2008 PA 07-057 ~3 7 ~ . ~5~ c) Conflict with a habitat conservation plan or natural community conservation plan? I~TI. The Project Site is not located within a habitat conservation plan area or natural community conservation plan area. See section 4"e" and "f" of this Initial Study. There are no new or substantially more significant impacts beyond those analyzed in the Eastern Dublin EIR with regard to this Project. 10. Mineral Resources Environmental Settin~ The Project area contains no known mineral resources. This is based on the Eastern Dublin EIR. Project Impacts a, b) Result in the loss of availability of regionally or iocally 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 Settin~ 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 commerczal, industrial and recreation uses, community noise levels rarely exceed maximum recommended levels for these uses. Regulatory setting The Noise Element of the General Plan identifies the following primary sources of noise in Dublin: traffic noise from freeways and major roadways within the }~ community and noise generated by the BART line adjacent to the I-580 freeway. The Noise Element identifies the following maximum noise exposure levels by land use type. Ciry of Dublin Page 53 Initial StudyMielsen Property Project May 2008 PA 07-057 ~~~~ ~5~ ~ . ~. Table 3. City of Dublin Land Use/Noise Compatibility Standards (decibels) Land Use Normally Acce table Conditionally Acce table Normally Unacce table Clearly Unacce table Residential 60 or less 60-70 70-75 75+ Lod in Facilities 60-70 70-80 80+ -- Schools, churches, nursing homes 60-70 70-80 80+ -- Neighborhood arks 60 or less 60-65 65-70 70+ Office/Retail 70 or less 70-75 75-80 80+ Industrial 70 or less 70-75 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. The Eastern Dublin EIR notes that major noise sources within Eastern Dublin include traffic noise from arterial roadways, helicopter overflights from Camp Parks RFTA, west of Tassajara Road, noise generated by development of land uses under the Specific Plan and General Plan and construction noise. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated noise impacts from the General Plan and EDSP Project. These include: • Mitigation Measures 3.10/ 1.0 would reduce impacts related to exposure of proposed housing to future roadway noise (IM 3.10 / A) to a less-than- significant level. This mitigation measure require that all future development Projects have an acoustic analysis prepared to ensure that future dwelling units meet City noise exposure levels. • Mitigation Measures 3.10/4.0 and 5.0 would reduce impacts related to construction noise (IM 10/E) to a less-than-significant level. These mitigation measures require developers to submit construction noise management plans and to limit hours of construction operations. The proposed Project will be required to comply with applicable noise mitigation measures contained in the Eastern Dublin EIR. Project Impacts a,c) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or other applicable standard and result in substantial increases in permanent in ambient noise levels? PS. Based on the close proximity of the Site to Tassajara Road, a major noise source in Eastern Dublin, future residents on the Site could be subject to significant noise levels in excess of City City of Dublin Initial StudyMielsen Property Project PA 07-057 Page 54 ~ May 2008 ~; ~ ~~ 3~ 7 ~~~ ~ noise levels. Future residents would also be subject to noise from Quarry Lane School. This topic will be analyzed in the EIR. b) Exposure of people to excessive groundborne vibration or groundborne noise levels? NI. The proposed Project would include grading and recontouring of the Site but such activities would include normal and customary construction activities and would not generate excessive vibration levels. The Project applicant will be required to adhere to noise mitigation measures identified in subsection "d," below. Operation of the Project (post construction) would indude a single-family subdivision that would not generate significant vibration levels. No new or more significant impacts are anticipated beyond those analyzed in the Eastern Dublin ~ EIR would occur with regard to construction noise impacts and no additional analysis is needed. d) Substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? NI. The proposed Project is required to adhere to construction noise mitigation measures included in the Eastern Dublin EIR to `-' minimize the impacts of construction noise. These are Mitigation Measures 3.10/4.0 and 5.0, which require all Project developers in the Eastern Dublin Specific Plan area to prepare and adhere to Construction Noise Management Programs, such plans require limiting grading and other noise generating activities to the shortest period of time as possible, minimizing truck access through residential areas and limiting the hours and days of construction activities. With adherence to these measures, no supplemental impact would result regarding construction noise. No new or more significant impacts are anticipated with regard to construction noise impacts beyond those analyzed in the Eastern Dublin EIR are antiapated and no additional analysis is needed. e,) For a project located within an airport land use plan or within two miles of a public airport, would the project expose people to excessive noise levels? PS. The Project Site is located near the Livermore Muniapal Airport and future residents and visitors to the proposed Project could be subjected to excessive noise levels from aircraft using the airport. This could be a potentially significant impact and will be analyzed in the EIR. f) For a project located within the vicinity of a private airstrip, would the project expose people to excessive noise levels? NI. The Project Site is not located near a private airstrip and no impacts would result with regard to this topic. 12. Population and Housing Environmental Settin~ The Project Site contains two dwellings: one single-family residence and an agricultural mobile home. ~~~y ~~ ~uunn Page 55 Initial StudyMielsen Property Project May 2008 PA 07-057 ~-r~ ~ ~sg ~ ~ Project Im~acts a) Induce substantial population growth in an area, either directly or indirectly? PS. The Project Site has been planned for Rural Residential/Agricultural uses since adoption of the Eastern Dublin General Plan Amendment and Specific Plan in 1993. The Eastern Dublin EIR analyzed the growth inducing impact (Impact 3.5/T) related to providing water service to the Eastern Dublin area. The proposed Project would increase the number of dwellings on the Site by up to 34 net dwellings, should the requested land use entitlements be approved. There is therefore a potential for the proposed Project to induce substantial population growth into this area beyond that previously analyzed. This could be a potentially significant impact and will be analyzed in the EIR. b,c) Would the project displace substantial numbers of existing housing units or people? NI. The Project Site currently contains two dwelling units and no impact would result with regard to displacement of dwellings or population on the site. No additional "~` analysis is needed regarding this topic. 13. Public Services Environmental Settin~ The following provide essential services to the community: Fire Protection. Fire protection services are provided by the Alameda County Fire Departrnent. The Department provides fire suppression, emergency medical response, fire prevention, education, building inspection services and hazardous material control. The nearest station is Station 17, located south of the Project area at 6200 Madigan. The secondary responding station is Station 18 at 4800 Fallon Road. • Police Protection: The City of Dublin contracts with the Alameda County Sheriff's Departrnent to provide patrols, crime prevention, crime suppression and traffic safety in the City of Dublin. • Schools. The Dublin Unified School District provides K-12 educational services for residents of Dublin. • LibrarX Services: Alameda County Library service. • Maintenance. Maintenance of streets, roads and other governmental facilities are the responsibility of the City of Dublin. Project Impacts a) Fire protection? NI. The Eastern Dublin EIR identified Impact 3.4/C (demand for ~y increased fire services), Impact 3.4/D (fire response to outlying areas) and Impact ~,, 3.4/E (exposure to wildland hazards) relating to fire service in Eastern Dublin. Mitigation Measures 3.4 / 6.0 through 13.0 were included in the Eastern Dublin ~ Ciry of Dublin Page 56 .~ Initiai StudyMielsen Properry Project May 2008 PA 07-057 ~ ~;~ ~`1~ ~5g ~ EIR to reduce fire service impacts to an insignificant level. These mitigation ~neasures require construction of new fire facilities in Eastern Dublin, establishing fire service funding mechanisms, incorporation of fire safety design feafixres into all development projects, maintenance of open space areas to reduce fire fuel loads and providing adequate access for emergency vehicles. Although the number of dwellings proposed in the Neilsen Project would be greater than what was addressed in the Eastern Dublin EIR, adherence to Eastern Dublin EIR mitigation measures relating to fire service, including potential installation of fire sprinklers, would ensure that no new impacts would result with regard to this topic (D. Jones, Alameda County Fire Department, 5/7/08.) The Project developer will be required to adhere to these mitigation measures. No new or more ^ significant impacts are anticipated with regard to fire protection beyond those analyzed in the Eastern Dublin EIR are anticipated and no additional analysis is needed. b) Police protection? NI. The impact of providing police service to the Eastern Dublin Planning Area was analyzed as Impacts 3.4/A (demand for increased police `-' services) and Impact 3.4/B (police services availability) in the Eastern Dublin EIR. Mitigation Measures 3.4/ 1.0 through 5.0 were included in the EIR to reduce police service impacts to a level of insignificance. These measures require funding for additional police facilities and staffing, inclusion of safety and security features into each development plan. The City of Dublin also levies a public facilities fee on new development to offset capital costs of providing additional police facilities. Although the number of dwellings proposed in the Neilsen Project would be greater than addressed in the Eastern Dublin EIR, adherence to Eastern Dublin EIR mitigation measures relating to police services would ensure that no new impacts would result with regard to this topic (V, Guzman, Dublin Police Services, 5/7/08). The Project developer will be required to adhere to these mitigation measures. No new or more significant impacts are antiapated with regard to police protection services beyond those analyzed in the Eastern Dublin EIR are anticipated and no additional analysis is needed. c) Schools? NI. No impacts would result to school service should the proposed Project be approved since payment of mandated statutory impact fees at the time of issuance of building permits will provide mitigation of educational impacts pursuant to CEQA. No additional analysis is needed regarding this topic. d) Other governmental service, including maintenance of public facilities? NI. Maintenance of public faalities would continue to be provided by the City of Dublin. New public facilities will be required to be designed to meet City of Dublin standards, so that long-term maintenance is not anticipated to result in any new or more significant impacts than those analyzed in previous environmental documents. The Project developer will be required to pay Public Facilities Fees to the City of Dublin to assist in constructing new and upgraded public infrastructure to support the proposed Project. e) Solid waste generation? NI. See item 16 "e" and "f," below. City of Dublin Page 57 Initial Study/Nielsen Property Project May 2008 PA 07-057 ~v p ~ ~,~~" O ~ ~ 14. Recreation Environmental Settin~ No neighborhood or community parks and / or recreation services or facilities are located on the Project Site or designated on the Site in the Eastern Dublin area in the General Plan, the Eastern Dublin Specific Plan or the City's Parks and Recreation Master Plan. The City of Dublin offers a range of park, recreation and cultural services. The nearest City of Dublin community park to the Project Site is Emerald Glen Park, located on the southwest corner of Tassajara Road and Gleason Drive, south and west of the Project area. Emerald Glen Park is 48.2 acres with 42 acres of developed park consisting of the following amenities: childreri s play areas; baseball, soccer and cricket fields; basketball, tennis and Bocce courts; skate park; group picnic area; and large grassy open space areas. A neighborhood park is proposed to be constructed across Tassajara Road from the Project Site on the Wallis Ranch (Dublin Ranch West) property. The City of Dublin also maintains a large number of other park and recreational facilities within the community and offers an extensive recreation program to residents. Regional park facilities are provided by the East Bay Regional Park District, which maintains a large number of regional parks, trails and similar recreation facilities in Alameda and Contra Costa Counties. Pro~ect Im~acts a) Would the Project increase the use of existing neighborhood or regional parks? NI. Approval and construction of the proposed Project would increase the use of nearby City and regional recreational facilities, since it would include increasing the on-site permanent population on the Site. However, the Project applicants are required to comply with Eastern Dublin EIR mitigation measures, including payment of public facilities fees to assist the City to purchase and/or improve parks throughout the community that could be used by Project residents. Therefore, no new or more significant impacts are anticipated with regard to increased use of neighborhood or regional parks beyond those analyzed in the Eastern Dublin EIR are anticipated and no additional analysis is needed. b) Does the project include recreational facilities or require the construction of recreational facilities? NI. See item "a," above Since the proposed Project will be subject to Eastern Dublin EIR mitigation measures, including payment of public facility impact fees that includes funding of neighborhood and community parks, no new or more severe impacts related to provision or construction of recreational facilities would occur beyond that analyzed in the Eastern Dublin EIR and no additional analysis is required. Ciry of Dublin Page 58 *~ Initial StudyMielsen Property Project May 2008 PA 07-057 ~, ~ ~J~ ~ 15. Transportation/Traffic Environmental Settin~ The Project area is served by Tassajara Road, an arterial road that provides access from southern Contra Costa County to the I-580 freeway and southerly into Alameda County south of the I-580 freeway. Direct access to the Site would be provided by a new street into the Neilsen Property from Silvera Ranch Road that currently intersects with Tassajara Road. Public transit service to Dublin and surrounding Tri-Valley cities is provided by WHEELS bus service, operated by the Livermore Amador Valley Transit Authority ~~ (LAVTA). The Dublin Pleasanton BART station is located southwest of the Project Site. The West Dublin BART station, currently under construction, is located west of the I-680 freeway. Pedestrian access in the Project area is provided by sidewalks located within public or private rights-of-way of nearby streets. a) Cause an increase in traffic which is substantial to existing traffic load and street capacity? PS. The proposed Project could increase the intensity of land use on the Site than beyond that analyzed in the Eastern Dublin EIR. There have also likely been changes to local and regional commute patterns since previous transportation analyses have been completed. This could result in a potentially significant impact with regard to increasing traffic on local and regional roadways and this topic will be analyzed in the EIR. b) Exceed, either individually or cumulatively, a LOS standard established by the County CMA for designated roads)? PS. Based on the same reasons as stated in item "a," above, the proposed Project could result in a potentially significant impact with regard to Alameda County Congestion Management Agency faalities. This topic will be analyzed in the EIR. c) Change in air traffic patterns? NI. The proposed Project would have no impact on air traffic patterns, since it involves a proposed single-family residential development. d) Substantially increase hazards due to a design feature or incompatible use? LS. Proposed k Project improvements would be constructed in a manner consistent with approved City of Dublin public works design standards as well as in conformity with General Plan and Specific Plan standards so that a less-than-significant impact would result with regard to this topic. e) Result in inadequate emergency access? NI. Approval and construction of the proposed Project would not block any public streets and no impact would result. City of Dublin Page 59 Initial StudyMielsen Property Project May 2008 PA 07-057 3 ~a ?~~ _~ f) Inadequate parking capacity? NI. The amount of parking proposed on the Project Site would comply with the City of Dublin on-site parking requirement; therefore, no impact is anticipated with regard to this topic. ~ g) Hazards or barriers for pedestrians or bicyclists? NI. The proposed Project would include construction of sidewalks on adjacent street frontages to facilitate pedestrian access. Bicyclists could use adjacent roads as well to access Tassajara Road and other roads, so that no impacts to this topic would result. 16. Utilities and Service Systems Environmental Settin~ The Project area is presently served by the following service providers: • Water supply: Private water wells. • Sewage collection and treatrnent: Private septic systems. • Storm drainage: Sheet flow drainage into Tassajara Creek tributaries. • Solid waste service: None. • Electrical and natural gas power: Pacific Gas and Electric Co. • Communications: Southwestern Bell (formerly Pacific Bell). Eastern Dublin EIR . In terms of water resources, the Eastern Dublin EIR identified overdraft of groundwater resources (Impact 3.5/P) as a potentially significant impact. Adherence to Mitigation Measures 3.5/24.0 and 25.0 would reduce this impact to a level of insignificance. These measures require the City of Dublin to coordinate with DSRSD to develop recycled water resources and otherwise carefully use water resources and that all new development in the Eastern Dublin Project azea to connect to the DSIZSD water system. Impact 3.5/Q identified an increase in water demand as a potentially significant impact, but this impact could be mitigated to an insignificant level based on implementation of Mitigation Measures 3.5/26.0-31.0. These mitigation measures require implementation of water conservation measures in individual development projects and construction of new system-wide water improvements which are funded by development impact fees. Another related impact identified in the Eastern Dublin EIR is the need for additional water treatrnent plant capacity (Impact 3.5/R). This impact was identified as being reduced to a level of insignificance through the implementation of Mitigation Measures 3.5/32.0-31.0, which requires improvement to the Zone 7 water system, to be funded by individual development impact fees. Impact 3.5/S (lack of a water distribution system) was identified as a potentially significant impact in the Eastern Dublin EIR, but this impact has been reduced to an insignificant level through adherence to Mitigation Measures3.5/34.0-38.0. These City of Dublin Initial Study/Nielsen Property Project PA 07-057 Page 60 ~» May 2008 v,;: ~ ~.3 ~~ ~a .--~sg. ~ mitigations require upgrades to the Project area water system and provision of a"will serve" letter prior to issuance of a grading permit. Impact 3.5/T identified a potentially significant impact related to inducement of substantial growth and concentration of population in the Project area. The Eastern Dublin EIR found that this was a significant and unavoidable impact. Regarding sewer service, the Eastern Dublin EIR identified Impact 3.5/B (lack of a wastewater collection system) as a potentially significant impact that could be mitigated through adherence to Mitigation Measures 3.51.0-5.0. These measures require DSRSD to prepare an area-wide wastewater collection system master plan, requires all new development to be connected to DSRSD's public sewer system, discourages on-site wastewater treatrnent, requires a"will-serve" letter from DSRSD and requires that all sewer facilities be constructed to DSRSD engineering standards. Impact 3.5 noted an impact with regard to extension of a sewer trunk line with capacity to serve new development, but could be reduced to an insignificant level since the proposed Eastern Dublin Specific Plan sewer system has been sized to accommodate increased sewer demand from the proposed Specific Plan project. Impact 3.5/G found -~ that lack of wastewater disposal capacity as a significant impact. An upgraded wastewater disposal facility is presently being constructed by the Livermore Amador Valley Water Management Agency. Impact 3.5/E identified lack of wastewater treatrnent plant capacity as a potentially significant impact, which could be reduced to an insignificant level through adherence to Mitigation Measure. Project Impacts a) Exceed wastewater treatment requirements of the RWQCB? NI. The proposed Project is located within the Dublin San Ramon Services Disfirict (DSRSD) that provides wastewater collection, treatrnent and disposal service within Dublin, portions of San Ramon and a number of unincorporated properties in Contra Costa County. The Eastern Dublin EIR found that there would be limited wastewater treatrnent capacity related to the adoption of the EDSP (Impacts 3.5/D and E). Adherence to Mitigation Measures 3.5/7.0 through 9.0 would reduce this impact to a level of insignificance. These measures call for expanding DSRSD's wastewater capacity to support planned land uses in Eastern Dublin. As part of the proposed Project, Project developers will be required to install underground sewer lines to connect to DSRSD a trunk sewer line within Tassajara Road. Wastewater would be transported to the District's Wastewater Treatrnent Plant (WWTP) located south of Stoneridge Drive in Pleasanton. Consistent with Eastern Dublin EIR mitigation measures, the WWTP was recently upgraded to treat a maximum daily flow of 17.0 million gallons per day (mgd). The WWTP currently treats an average of approximately 11.3 mgd. A portion of the treated flows is then used as recycled water and used for irrigation on local parks, golf courses and similar open space areas. The remaining portion of treated effluent is discharged to the Livermore Amador Valley Management Agency (LAVWMA) effluent pipeline for disposal into San Francisco Bay. The LAVWMA treated effluent pipeline was recently upgraded to accommodate increased flows. ~.i~y ~i vuoim Page 61 Initial Study/Nielsen Property Project May 2008 PA 07-057 ~~ ~s~ ~ ~ Based on the above, DSRSD can provide adequate wastewater treatment and disposal capacity for the Project and no new or more significant impacts are anticipated with regard to wastewater impacts beyond those analyzed in the Eastern Dublin EIR are anticipated and no additional analysis is needed. b,e) Require new water or wastewater treatment facilities or expansion of existing facilities? NI. Since the Project site is largely vacant and limited water and wastewater systems exist, new water storage, distribution and wastewater collection systems would be required to serve the amount of development proposed. As part of the normal development process, DSRSD will require the Project Developer to design and construct new or upgraded water and wastewater facilities to meet City and District standards. Such upgraded water and wastewater systems will be required -- to be operational prior to occupancy of any new dwellings on the site. Therefore, no new or more significant impacts are anticipated with regard to wastewater facilities beyond those analyzed in the Eastern Dublin EIR are anticipated and no additional analysis is needed. - c) Require new storm drainage facilities? PS. See Section 8, Hydrology, items "b," "c" and "d." d) Are sufficient water supplies available? PS. The District receives domestic water on a wholesale basis from Zone 7. Zone 7 in turn receives water from a variety of sources, including imported water from the State Water Project, water transfers from the Byron Bethany Irrigation District, local surface water captured in the Del Valle Reservoir, locally pumped groundwater, and local and non-local groundwater storage. Although the Project Site is within DSRSD's service area, the amount of water use required to serve the proposed Project has not been anticipated by the District, since the Site has been designed for Rural Residential / Agricultural uses in the „~. Dublin General Plan and EDSP. Accordingly, single-family dwelling uses on the Site, as proposed in the Project, are not induded in the District's Urban Water Management Plan (UWM1')• This issue is potentially significant and will be ~, analyzed in the EIR. f) Solid waste disposal? NI. The Project Site is within the franchise area of Amador Valley Industries, a company that provides residential and commercial solid waste pick-up and recycling services. Impacts related to solid waste disposal were analyzed in the Eastern Dublin EIR and no new or more significant impacts would result with regard to this topic. 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 anticipated in this regard. City of Dublin Page 62 Initial StudyMielsen Property Project May 2008 PA 07-057 ~C~ ~j ~~~ ~ 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? Yes. The Project has the potential to result in cumulatively considerable impacts to biological resources and should be addressed in an EIR. 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). Yes. The Project has the potential to result in cumulatively considerable impacts to biological resources, air quality, traffic and similar topics and should be addressed in an EIR. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Yes. The potential for Site contamination with potentially hazardous materials will be analyzed in the EIR. City of Dublin Page 63 Initial Study/Nielsen Property Project May 2008 PA 07-057 ~~~ ~~~ ~ ~ ~ Initial Study Preparers Jerry Haag, Urban Planner, Project Manager Agencies and Organizations Consulted The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin Jeri Ram, AICP, Community Development Director Mary Jo Wilson, AICP, Planning ~Manager Erica Fraser, AICP, Senior Planner Mark Lander, City Engineer -' Jamie Bourgeois, Senior Transportation Engineer Darrell Jones, Alameda County Fire Departrnent Val Guzman, Dublin Police Services Dublin San Ramon Services District Rhodora Biagton, Senior Engineer Aaron johnson, Engineer California Department of Toxic Substances Control (DTSC) Website Applicant Consultants Connie Goldade, MacKay & Somps Lisa Vilhauer, MacKay & Somps Allison Crabtree, MacKay & Somps References Alameda Counfiy Important Farmland Ma~, California Departrnent of Conservation, 2000 City of Dublin Comprehensive Mana~ement Plan, undated LSA Biological Report, Apri12008 Dublin General Plan, City of Dublin, Updated through 9/14/06 Eastern Dublin S~ecific Plan and General Plan Environmental Impact Report, Wallace Roberts & Todd,1994 City of Dublin Page 64 ,~ Initial Study/Nielsen Property Project May 2008 PA 07-057 = ~ -~ . ~7 J~d~ ~ Eastern Dublin Scenic Corridor Policies and Standards David Gates & Associates, 1996 Parks and 4Recreation Master Plan City of Dublin, 2004 update .,~ Phase I Environmental Site Assessment for a Wireless Communication Service at 6407 Tassajara Road near Dublin, EarthTouch, Inc, October 2005 July 2007 City of Dublin Initial StudyMielsen Property Project PA 07-057 Berlogar Geotechnical Consultants, Page 65 May 2008 `j ~~ ~J~ Appendix 8.2 Notice of Preparation ~vciiacii ~,,,~C,;~,,,d,~ ~uppiementai tiH Page 146 City of Dublin January 2009 PA #07-057 ~~~ ~ -~~- CITY OF DUBLIN 100 Civic Plaza, DuUlin, Cafifornia 945fi8 Websife: http://vwvw.ci.dublin ca us Notice of Preparation of Environmental impact Report and Notice of Scoping Mee~ting Lead Agency: City of Dublin Community Deve%pmenf Deparfinent 900 Civic Plaza Dublin CA 94568 Confact: Erica Fraser, AICP, SeniorPlanner, Planning Division (925) 833 6610 The City of Dublin wiil be the Lead Agency and hereby invites comments on fhe proposed scope and confent of the Environmenta! Impact Report for the project identified below. ProJect Title: Nielsen (PA 07-057j Project Location: The property address is 6407 Tassaj.ara Road and the Alameda County Assessor's Parcel number is 985-0002-C09-02. The property fs located east of Tassajara Road north af Quarry Lane School and south of the Silvera Property, approximately 1.5 miles north of the f-5~30 fresway. The latitude of the project site is: 37-45-30N and the longitude is 12~1-52-30W. Project Description: Development of up to 34 lots with up to 36 single family and duptex dwellings , along with an access road, on-site road:~, grading and infrastructure extension on a 10.9 acre site. Requested entitlements include an amendment to the General Plan and Eastern Dublin S ~: p cific Plan to change the land use designation from "Rural Residential/ Agriculture" to "Single Famity Residentia!" and to reduce roadway widths, a StagE: 1& Stage 2 Pianned Development zoning, a vesting tentative subdivision map and a development agreemenf. Scoping Meeting ~ Pursuant to State Law, the City of Dublin has scheduled a Scoping Me~eting for agencies and other interested parties on the proposed ~IR as follows: Date: Thursday June'18, 2008 Tlme: 6:OOpm-8:OOpm Place: Regional Meeting f2aom, Dubiin Civic Center, 100 Civic Cen~?er Drive, Dublin Due to time limits mandated by State law, comments on the scope of the Supplemental Environmentai tmpact Report must be submitted at the eariiest possible time but not later than 30 days fol[owing receipt of this notice. Please send your response to the contact person identified abo~/e. Date: May 23, 2008 Signature: `~~~ Title: Senior Planner Telephone: (925} 833-6690 Area Code (925) • City Manager 833-6650 • City Council 833-6650 ~ Personne1833•6605 • Ecoriomic Development 833-6650 C•inattce 833-6640 • PubEic Works/Engineering 833-6630 • Parks & Community Services 833-6645 ~ Police 833-6G70 Planning/Code Enforcement 833-6610 • Building [nspection 833-GG20 • Fire Prevention Bureau 833-6G06 ~~~ ~- -7~g _. _ ~ _. LAVTA/WHEELS Zone 7 ACFC & WCD Dublin Unified School District ~o~ ~y~, Deputy Exec Dir Jim Horen Atn: Superintendent ~ 100 North Canyons Pkwy. 7471 Larkdale Avenue 1362 Rutan Court #100 Livermore, CA 94551 Dub~in, CA 94568 Livermore, CA. 94550 Alameda County Bay Area Air Quality Alameda County Pub. Works Planning Department Management District 399 Eimhurst 399 Elmhurst 939 EUis St. Hayward, CA 94544 Hayward, CA 94544 San Francisco CA 94612 Alameda County Congestion East Bay Regional Park Distric# Airport Land Use Commission Mgmt Attn: Brad Olson 399 Elmhurst. Room l36 Jean Hart 2950 Peralta Oaks Court Hayward, CA 94544 1333 Broadway, Suite 220 4akland, CA 94605 Oakland, CA 94612 Alameda County Clerk g F s m Crawford S 1106 Madison St # 1 Commander Attn Camp Pa ks RFTA Bldg. 790 LCC Parks a 998 Murrieta Blvd. Oak(and, CA 94607 (5 copies) , Dublin, CA 94568-5201 Livermore, CA 94550 AT&T ComCast Cable U.S. Postal Service Jon Stradford Tom Baker Postmaster 4300 8lack Avenue 2600 Camino Ramon 2N45QH 2333 Nissen CA 94550 Pleasanton, CA 9456b-9998 San Ramon, CA 94583 Livermore, City of Livermore-Planning Dept. CalTrans District 4 CEQA t . City of Pleasanton Attn: Marc Roberts Coord. & Project Developmen Planning Department 1052 South Livermore Avenue P.O. Box 23660 CA 94623-0660 ktand O 200 Old 8ernal Avenue ' Livermore, CA 94550 , a ~ Pleasanton, CA 94566 U.S. Army Corps of Engineers BART ~A~MA Attn: Regulatory Branch Mary Ann Payne 623 W. Myrick Court 1455 Market Street, l6th Floor P.O. Box 12688 Clayton, CA 94517-1648 San Francisco, CA. 94103-1398 Oakland, CA 94604-2688 Rhodora N. Biagtan, PE California Dept. of Fish & Game U.S. Fish & Wildlife Service Dubiin San Ramon Services District Attn: Region 3-Offr. Powell Attn: State Supervisor 2800 Cottage Way, Room E1823 7051 Dublin Bivd. CA 94568 P.O. Box 47 Yotantville, CA 94599 Sacramento, CA 94825 Dublin, Patricia Curtin City of San Ramon Regional Water Quality Control Morgan Miller 81air Attn: Planning Department Board 1331 North California Boulevard p p Box 5148 1515 Ctay Street, Suite 1400 Suite 200 San Ramon, CA 94583 Oakland CA 94612 Walnut Creek, CA 94596 Ofifice of Planning & Research Alameda County Mosquito Association of Bay Area Attn: Terry Roberts (15 copies) Abatement Dist. Government 1400 Tenth Street Attn: John R Rusmisel p p Box 2050 p p Box 3044 23197 Connecticut St Oakland, CA 94604-2050 Sacramento, CA 95812-3044 Hayward, CA 94545 n_ . ~_~-.h/T _ 1 r_ ~ ~ ~-- ~ ,~. ~'~ ~ ~~' ~7S ~ Paul Rankin Adminis#rative Services Director Libby Silver, City Attorney Diane Lowart Aarks & Community Services Dir. Darrell Jones Dublin Fire Prevention Meyers, Nave, Riback, et. al Attn: Tim Cremin Mary Jo Wilson Planning Manager Mark Lander City Engineer Jeri Ram. Melissa Morton Community Development Director Public Works Director Captain Gary Thuman Potice Services Richard Ambrose, City Manager Metropotitan 7ransportation Commission 101 Eighth Street Oakland, CA 94607 Amador Valley Industries Attn: Debbie Jeffrey PO Box 12617 Pleasanton, CA 94588 Robert Nielsen 6407 Tassajara Road Dublin, CA 94568 Lisa Vifhauer MacKay and Somps 5t42 Frnaklin Dr. Suite B Pleasanton, CA 94588 Contra Costa County Planning Department Dennis Barry, Director 651 Pine Street, 4t'' floor, North Wing Martinez, CA 94553 ~ ~ ~ ~. ~ ~ ~ Occupant 985-0056-043 Occupant q86-0064-005-05 Occupant 6363 TASSA7ARA RD Dublin, CA 94568 6411 TASSA7ARA RD Dublin, CA 94568 3896 SILVERA RANCH DR Dublin, CA 94568 ~Sa~ TASSA7ARA RD Dublin, CA 94568 ~ ~ .. _ . . . ~ r~, 1 t~ ~ -3~.~- ~~ J ~ ~ ~~~ Parcel_No Address 7ype Situs Address City Mail City St 2ip ` 985-OOQ2-006-03 Occupant 6363 TASSAJARA RD Dubiin, CA 94568 985-0002-009-02 Occupant 6411 TASSA]ARA RD Dublin, CA 94568 985-0056-043 Occupant 3896 SILVERA RANCH DR Dubiin, CA 94568 986-OQ04-005-05 Occupant 6582 TASSA]ARA RD Dublin, CR 94568 __ _ J ~~ ~~C~ ~`. .... . ___ No Address Type Parcel Situs AddreSs City Maii City St Zip . _ 185-0002-006-03 Occupant 6363 TASSAJARA RD Dubltn, CA 94568 ~85-OOQ2-009-02 Occupant 6411 TASSA]ARA RD Dublin, CA 94568 385-0056-043 Occupant 3896 SILVERA RANCH DR Dublin, CA 94568 ,o~ nnnn_nn~_~~ llrn inant 6582 TASSAJARA RD DUblln~ CA 94568 °" ~ l,..7 ~. ~ Appendix 8.3 Responses to Notice of Preparation Neilsen Project/Draft Supplemental EIR Page 147 City of Dublin January 2009 PA #07-057 ~~~ ~ ~s~ ._ .. ..,,_ ._.... e.. E'' o` TMFV' ... o~~`~EDFP~~yP o ' ' ~"p ~ ~ " STATE OP CALIFORNIA ~`" ~k~~~~~~~ E '. •~ GOVERNOR'S OFFICE of PLAI~INING AND RESEARCH m. ~~ C~IIFOPN~T STATE CLEt1RTNGHOUSEAND PLANNING UNIT ~~rF~FCU.~FOQ~~~ ARNOLD SCHWARZENEGGER C.'YNTIIU BRYANT GpVL~RNOR DIAECTOR Notice of Preparation May 27, zoas ~ e~,~~~~~~ To: Reviewing Agencies ~'~ q~ 2 s Z~08 Re: Neilsen Development Project (PA 07-057) ~"~~~ ~~ ~~°~°~~~~"~ SCH# 2U08052117 Aftached for your review and cornment is the Notice of Preparation (NOP) for the Neilsen Developrnent Project {PA 07-057} draft Environmental Impact Report (EIR). Responsible agencies rnust transmit their comments on the scope and content of the NOl', focusing on specific information reIated to their own statutory responsibility, within 30 davs of receipt of tha NOP from the Lead Aeencv. This is a courtesy notice provided by the State Clearinghouse with a reminder for you to comment in a timely manner. We encourage other agencies to also respond to this notice and express dieir concerns early in the environmental review process. Please direct your comments to: Erica Fraser City of Dublin l OD Civic Pluz~ Dublin, CA 94568 with a copy to the State Clearinghouse in the Office of Plaru~ing and Research. Please refer to the SCH number noted above in all correspondence concerning this project. If you have any guestions about the environmental document review process, please call the State Ctearinghouse at (9l6)445-0613. Sincerely, ~ /^ ) i,. r ~~----~~-~.~ ~~~~~~ ~~ Scott Morgan ~~' ~ Froject Analyst, State Clearinghouse ,. Attachments cc: Lead Agency 1900 IOth Street P.O. Box 3044 Sacramento, California 95812-3044 19161445-Ofi13 FAXl9lh1323-30t8 www.onr.ca.2ov ~97 ~,~ .. ~ ~ ~ti Ct3tJ.i~i7''~C C3~' .t~I.:~.~Ei7~. ~'~J~3LIC ~~~~~ ~~EI*~~~' r~U~L)~ ;99 F..t~nhurst Sta~€>et A I°i.iy~i~i~d, C:~~ ~~_~;~~-]. ~t)i 'Vf1~d~K~ _ ~5l()) 6ifl_5.};~(l 7une 2, 20~8 Ivls: Erica ~raser, AICP, Senior Plannex City of T~ublin Cammunity Devaiopment Departmant 100 Ci~vic P1az~ T7ublin CA 9~568 ~~c~~.e (925} 833-~61 Conamen4s on ~T~P of Supplemcntat EIR & dra~t Initixl Study - Neilsen Deveto~rzaent Project (PA 07-{~57~ Dear Ms. Fraser: Thanlc you far fhe opportiuiity to rev~ew your Notic~ of Preparution and dra~ Iaztia.l Study of the above z~amed project. Becausa signi~icant runQff fram the Livermore Valley includi:ng Dublin tiischarges through Arroyo Ae L~ La~a and Atameda CreEk into S~.n Fra~cisco Bay, the F'lood Cantrol Dishact z~equests that ,proposed cjrafl Supplemental EIlZ adec~uately disc~ss th~ patential effects of inc.reased runoff from che project site and its impacts on #he r3ownstreUm reaches. Please includ~ the Agency on your nnail list ~fl Teceive a copy of your supplemental docun~i~nt wheri compl.etetl. If you further quesiions please cpntact me at 51.fl-6705772. Yaurs t ly ~ Kwa ah ~ogbe ,. Env. Conip ance Specialist ,~ ~ ~ ~ [;m~Neilson prpj cnmmcnts- L)u61in ka ""Ic; Sr~rvc anii ~,r~serve C7rir C=t~nu;it~niYV" ~ ~ % ~ ...1..~~ ~ ALAMEDA COUMY CONGESTION MANAGEMENT AGENCY 1333 BROADWAY, SUITE 220 • OAKLAND, CA 94612 • PHONE: (510) 836-2560 • FAX: (510) 836-2185 E-MAIL: mailC~accma.ca.gov • WEB SffE: accma.ca.gov June 11, 1008 ~EwiOV~~ Ms. Erica Fraser, AICP AChansit SeniorPlanner ~U~ i ~ 2008 Direcror Greg Harper City of Dublin Alameda Caunty Community Development Department ~,v~r~~ iR ~a r,~~~~~Y~:, Supernsors 100 Civic Plaza ScattlH ggerty Dublin, CA 94568 ~,~~ City oMA~meda SUBJECT: Notice of Preparation of a Draft Supplemental Environmental Impact Report for BevedyJahnson the Neilsen Development Project in the City of Dublin (PA 07-057) City of A16any Counc~7member Dear Ms. Fraser: Farid Javandel BART Director fiomasBlalock Thank ou for the o , y pportunity to comment on the City of Dub(in s Notice of Preparation (jvOP) the Neilsen Development Project on 6407 Tassajara Road in the City of Dublin (PA 07- City of Berkeley Councilmember 057). The project site is east of Tassajara Road, north of Quarry Lane School and south of KdssWoMington the Silver~ property. The project entails developing up to 34 lots on a 10.9 acre site with up City of Du611n M to 36 single family and duplex dwellings. Required entitlements include: 1) an amendment ayor Janet Lockhart to the General Plan and Eastern Dublin Specific Plan to change the land use designation from C'~ o~V11e Rural Residential/Agriculture to Single Family Residential and to reduce roadway widths; 2) Vice-May RuthAlkin Stage 1 and Stage 2 Planned Development zoning; 3) a vesting tentative subdivision ma p, and 4) a development agreement. City of Fremont Po6ertWeckowski The ACCMA respectfully submits the following comments: City of Hayward Mayor MichaelSweeney The Cit p p g ' y of Dublin ado ted Resolution 120-92 on Se tember 28, 1992 establishin C(ty of Livermore guidelines for reviewing the impacts of local land use decisions consistent with the Mayor Marshall Kamena Alameda County Congestion Management Program (CMP). Based on our review of the Clty of Newark NOP and the land uses that are being considered, the proposed project appears to Counciimember LuisFreitas generate at least 100 p.m. peak hour trips over existing conditions. If this is the case, the CMP Land Use Analysis Program re uires th Cit Clty of 0akland ~ n er q e y to conduct a traffic analysis of the project using the Countywide Transportation Demand Model for Year 2015 and 2030 L arry Red conditions. Please note the following paragraphs as they discuss the responsibility for CltyoiPiedmont modeling. Councilmem6er John Chiang ' City o} pleasanton o As of March 26`h, 1998, the CMA Board amended the CMP so that local jurisdictions Mayor ~e""''e`"~`e`"'~, are responsible for conducting the model runs themselves or through a consultant cn t . The ACCMA has a Countywide Model available for such purposes To use the y o sa~ ~eandro yc ll . Countywide Model, the City of Dublin must si n a Coun Jo eR Staoscak with the ACCMA. A copy of the Model Agreement was del vere previ usly t~ the City of Unlon City ""a''°` City of Dublin and has not yet been returned and signed to the ACCMA. In addition Mark Green YceChair to signing the agreement, a letter must be submitted to the ACCMA requesting use of the model and describing the project. Copies of the Model Agreement and sample l Executive Director etter agreement are available from the ACCMA. Dennis R. Fay ~~q ~ ~ ~~ Ms. Erica Fraser June 11, 2008 Page 2 o If the City chooses to use a model.other than the Countyw'ide Model for traffic impact analysis, then for the purposes of the CMP Land Use Analysis Program, it should be demonstrated that the selected model output traffic volumes are conservative compared with the Alameda Countywide Model, regarding the MTS roadways that are required to be analyzed. This comparison should be included in the environmental document. ~ Potential impacts of the project on the Metropolitan Transportation System (MTS) need ' to be addressed. (See 2007 CMP Figures E-2 and E-3 and Figure 2). The DEIR should ~, address all potential impacts of the project on the MTS roadway and transit systems. These include project impacts on I-580 and Tassajara Road/Santa Rita Road, as well as - BART and LAVTA. Potential impacts of the project must be addressed for 2015 and ~ 2030 conditions. o Please note that the ACCMA does not have a policy for determining a threshold of ~~' significance for Level of Service for the Land Use Analysis Program of the CMP. ~ Professional judgment should be applied to determine the significance of project impacts (Please see chapter 6 of 2007 CMP for more information). The CMA requests that•there be a discussion on the proposed funding sources of the transportation mitigation measures identified in the environmental documentation. The CMP establishes a Capital Improvement Program (See 2007 CMP, Chapter 7) that assigns priorities for funding roadway and transit projects throughout Alameda County. The improvements called for in the DEIR should be consistent with the CMP CIP. Given the limited resources at the state and federal levels, it would be speculative to assume funding of an improvement unless it is consistent with the project funding priorities established in the Capital Improvement Program (CIP) of the CMP, the federal Transportation Improvement Program (TIP), or the adopted Regional Transportation Plan (RTP). Therefore, we are requesting that the environmental documentation include a financial program for all roadway and transit improvements. The adequacy of any project mitigation measures should be discussed. On February 25, 1993 the CMA Board adopted three criteria for evaluating the adequacy of DEIR project mitigation measures: - Project mitigation measures must be adequate to sustain CMP service standards for roadways and transit; - Project mitigation measures must be fully funded to be considered adequate; - Project mitigation measures that rely on state or federal funds directed by or influenced by the CMA must be consistent with the project funding priorities established in the Capital Improvement Program (CIP) section of the CMP or the Regional Transportation P(an (RTP). It would be helpful to indicate in the DEIR the adequacy of proposed mitigation measures relative to these criteria. In particular, the DEIR should detail when proposed roadway or transit route improvements are expected to be completed, how they will be funded, and the effect on LOS if only the funded portions of these projects were assumed to be built prior to project completion. Potential impacts of the project on CMP transit levels of service must be analyzed. (See 2007 CMP, Chapter 4). Transit service standard for BART is 3.75-15 minute headways Ms. Erica Fraser June 11, 2008 Page 3 ~ ~ ~~ -75~ during peak hours. The DEIR should address the issue of transit funding as a mitigation measure in the context of the CMA's policies as discussed above. • The DEIR should also consider demand-related strategies that are designed to reduce the need for new roadway facilities over the long term and to make the most efficient use of existing facilities (see 2007 CMP, Chapter 5). The DEIR could consider the use of TDM measures, in conjunction with roadway and transit improvements, as a means of attaining acceptable levels of service. Whenever possible, mechanisms that encourage ridesharing, flextime, transit, bicycling, telecommuting and other means o£reducing peak hour traffic trips should be considered. The EIR should consider opportunities to promote countywide bicycle routes identified in the Alameda Countywide Bicycle Plan, which was approved by the ACCMA Board on October 26, 2006. The approved Countywide Bike Plan is available at httn://www.accma.ca. ov/~a~es/HomeBicyclePl_ an_~aspx • For projects adjacent to state roadway facilities, the analysis should address noise impacts of the project. If the analysis finds an impact, then mitigation measures (i.e., soundwalls) should be incorporated as part of the conditions of approval of the proposed project. It should not be assumed that federal or state funding is available. Thank you for the opportunity to comment on this Notice of Preparation. Please do not hesitate to contact me at 510/836-2560 if you require additional information. Sincerely, ~~ ~.% ~ ~ .- . - Diane Stark Senior Transportation Planner cc: file: CMP - Environmental Review Opinions - Responses - 2008 ~J~ ~ ~ ~ ~ g' ~: Attachment ~ Design Strategies Checklist for the Transportation Demand Management Element of the Alameda County CMP The Transportation Demand Management Element included in the 2003 Congestion Management Program requires each jurisdiction to comply with the `°' Required Program". This requirement can be satisfied in three ways: 1) adoption of "Design Strategies for encouraging alternatives to auto use through local development review" prepared by ABAG and the Bay Area Quality Management District; 2) adoption of new design guidelines that meet the individual needs of the local jurisdictions and the intent of the goals of the TDM Element or 3) evidence that existing policies and programs meet the intent of the goals of the TDM Element. For those jurisdictions who have chosen to satisfy this requirement by Option 2 or 3 the following checklist has been prepared. In order to insure consistency and equity throughout the County, this checklist identifies the components of a design strategy that should be included in a local program to meet the minimum CMP conformity requirements. The required components are highlighted in bold type and aze shown at the beginning of each section. A jurisdiction must answer Yes to each of the required components to be considered consistent with the CMP. Each jurisdiction will be asked to annually certify that it is complying with the TDM Element. Local jurisdictions will not be asked to submit the back-up information to the CMA justifying its response; however it should be available at the request of the public or neighboring jurisdictions. Questions regarding optional program components are also included. You are encouraged but not required to answer these questions. ACTAC and the TDM Task Force felt that it might be useful to include additional strategies that could be considered for implementation by each jurisdiction. CHECKLIST Bicycle Facilities Goal: To develop and implement design strategies that foster the development of a countywide bicycle program that incorporates a wide range of bicycle facilities to reduce vehicle trips and promote bicycle use for commuting, shopping and school activities. (Note: an example of facilities are bike paths, lanes or racks.) ~ Note: Bold type face indicates those components that must be included the "Required Pro~ am" in order to be found in compliance with the Congestion Mana~ement Program. ~d ~~~° ~ ~s~ ,~.. Local Responsibilities: la. In order to achieve the above goal, does your jurisdiction have design strategies or adopted po~licies that include the following: la.l provides a system of bicycle facilities that connect residential and/or non- residential development to other major activity centers? Yes No 1a.2 bicycle facilities that provide access to transit? Yes No 1a.3 that provide for construction of bicycle facilities needed to fill gaps, (i.e. gap clure), not provided through the development review process? Yes No 1 a.4 that consider bicycle safety such as safe crossing of busy arterials or along bike trails? Yes No 1 a.5 that provide for bicycle storage and bicycle parking for (A) multi-family residential and/or (B) non-residential developments? Yes No lb. How does your jurisdiction implement these strategies? Please identify. Zoning ordinance Design Review Standard Conditions of Approval Capital Improvement Program Specific PIan Other Pedestrian Facilities Goal: To develop and implement design strategies that reduce vehicle trips and foster walking for commuting, shopping and school activities. Local Responsibilities 2a. In order to achieve the above goal, does your jurisdiction have design strategies or adopted policies that incorporate the following: ,~~, 2a.1 that provides reasonabiy direct, convenient, accessible and safe pedestrian connections to major activity centers, transit stops or hubs parks/open space and other pedestrian facilities? Yes No Note: Bold type face indicates those components that must be included the "Required Pro~am" in order to be found in compliance with the Congestion Mana~ement Program. 4~03 ~ '°1.5'& "~ 2a.2 that provide for construction of pedestrian paths needed to fill gaps, ( i.e. gap closure), not provided through the development process? Yes No 2a.3 that include safety elements such as convenient crossing at arterials? Yes No 2a.4 that provide for amenities such as lighting, street trees, trash receptacles that promote walking? Yes No Za.S that encourage uses on the first floor that are pedestrian oriented, entrances that are conveniently accessible from the sidewalk or transit stops or other strategies that promote pedestrian activities in commercial areas? Yes No 2b. How does your jurisdiction implement these strategies? Please identify. Zoning ordinance Design Review, such as ADA Accessibility Design Standaxds Standard Conditions of Approval Capital Improvement Program Specific Plan Other Transit Goal: To develop and implement design strategies in cooperation with the appropriate transit agencies that reduce vehicle trips and foster the use of transit for commuting, shopping and school activities. Loca1 Responsibilities 3a. In order to achieve the above goal, does your jurisdiction have design strategies or adopted policies that include the following: 3a.1 provide for the location of transit stops that minimize access time, facilitate intermodal transfers, and promote reasonably direct, accessible, convenient and safe connections to residential uses and major activity centers? Yes No ~ Note: Bold type face indicates those components that must be included the "Required Pro~ram" in order to be found in compliance with the Con~estion Mana;ement Pro~am. ~~ ~_ . j~~~. ~ 3aZ provide for transit stops that have shelters or benches, trash receptacles, street trees or other street furniture that promote transit use? Yes No 3a.3 that includes a process for including transit operators in development review? Yes No 3a.4 provide for directional signage for transit stations and/or stops? Yes No 3a.5 that include specifications for pavement width, bus pads or pavement structure, len~h of bus stops, and turning radii that accommodates bus transit? Yes No 3.b How does your jurisdiction implement these strategies?. Please identify. Zoning ordinance Design Review Standard Conditions of Approval Capital Improvement Program Specific Plan Other Carpools and Vanpools Goal: To develop and implement design strategies that reduce the overall number of vehicle trips and foster carpool and vanpool use. Local Responsibilities: 4a. In order to achieve the above goal, does your jurisdiction have design strategies or adopted policies that include the following: 4a.1 For publicly owned parking garages or lots, are there preferential parking spaces and/or charges for carpools or vanpools? Yes No 4a.2 that provide for convenient or preferential parking for carpools and vanpools in non- residential developments? Yes No Note: Bold type face indicates those components that must be included the "Required Pro~ram" in order to be found in compliance with the Congestion Management Program. ~~ ~ ~~~ ~ 4.b How does yaur jurisdiction implement these strategies? Please identify. Zoning ordinance Design Review Standard Conditions of Approval Capital Improvement Program Specific Plan Other Park and Ride Goal: To develop design strategies that reduce the overall number of vehicle trips and provide park and ride lots at strategic locations. Local Responsibilities: Sa. In order to achieve the above goal, does your jurisdiction have design strategies or adopted policies that include the following: Sa.l promote park and ride lots that are located near freeways or major transit hubs? Yes No Sa.2 a process that provides input to Caltrans to insure HOV by-pass at metered freeway ramps? Yes No Sb. How does your jurisdiction implement these strategies? Please identify. Zoning ordinance Design Review Standard Conditions of Approval Capital Improvement Program Specific Plan Other ~ ~ Note: Bold type face indicates those components that must be included the "Required Program" in order to be found in compliance with the Congestion Management Program. ~, ~ ~ ~ ~ ~~ ~ ~~~.:~~ DUBLIN SAN RAMON SERVICES DISTRICT ~`~MON SE,ppfc, 4`' , ~' ` s ,a ~~`~.~ ~ ~ / N u ' a ~o ~ ~ ~P'~ _ . ~: . ~: y; . , ~,.,~tp ~ ~ ! ~i,,,, . ~ s~-- ~.~.,, E_r~ . ~~=.~ 7051 Dublin Boulevard Dublin, Califomia 94568 Phone: 925 828 0515 FAX: 925 829 1180 www.dsrsd.com June 16, 2008 Erica Fraser, Project Planner City of Dublin - Community Development Dept. 100 Civic Plaza Dublin, CA 94568 Subject: Nielsen Development Project (PA 07-057) - Initial Study Comments on Scope and Content of SEIR Dear Ms. Fraser: ~'i~ ~'-~ ,, a ~.~~~d~~~ `JU'~ ~ 8 2008 ~1'',.~~~..~91? t~s ~ni1~9'd9~C:i Thank you for the opportunity to comment on the document mentioned above. Dublin San Ramon Services District (DSRSD) has reviewed the Initial Study for the Nielsen Development Project (PA 07-057) and has the following comments: Potable Water Service The proposed project is within the current DSRSD Sphere of Influence and is included in the current DSRSD Urban Water Management Plan and Water Master Plan Update. DSRSD and the project developer have met and have entered into a Public Facilities Planning Agreement (PFPA) in order to determine and document DSRSD's ability to provide potable and recycled water service to this project. DSRSD is currently working on a water service analysis to determine how potable water service will be provided to the proposed development. The project as outlined in the Initial Study will entail a land use different from that in the Eastern Dublin Specific Plan and will create a higher demand for potable water than originally planned. Once the determination has been made that DSRSD has sufficient water facilities capacity and supply to serve the proposed project, construction of pipelines and related appurtenances needed to serve the project area will be required. The planned configuration of the Zone 2 water facilities in eastern Dublin along Tassajara Road has changed from what was specified in the 2005 Water Master Plan Update. Therefore, extension of potable water service to the proposed development along Tassajara Road is not considered to be major infrastructure and shall be completed by the developer at his cost. Dublin San Ramon Services Dishict is a Public Entlty ~ ~~'~~ ~75$ ti Erica Fraser June 16, 2008 Page 2 of 2 Recvcled Water Service As specified in the 2005 DSRSD Water Master Plan Upclate, extension of recycled water service to the proposed development along Tassajara Road is not considered to be major infrastructure and shall be completed by the developer at his cost. Wastewater Treatment Similarly, the project is within the current DSRSD Sphere of Influence for wastewater services and is included in the current DSRSD Waste~ater Collection System Master Plan Update. DSRSD and the project developer have met and signed a PFPA in order to determine and document DSRSD's ability to provide wastewater collection processing service to this project. The project as outlined in the Initial Study will entail a land use different from that in the Eastern Dublin Specific Plan and will create a higher demand for wastewater services than originally planned. Once the determination has been made that DSRSD has a sufficient amount of sewer treatment capacity to serve the proposed project, construction of pipelines and related appurtenances needed to serve the project area will be required. The current DSRSD Wastewater Collection System Master Plan update does not specify the extension of required sewer mains along Tassajara Road as reimbursable major infrastructure. Extension of these services shall be completed by the developer in accordance with all DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. Thank you for the opportunity to review this Initial Study. If you have any questions regarding these comments, please contact me at (925) 875-2253. Sincerely, 1 7 STAN KO DZIE Associate Engineer SK:es cc: David Requa, DSRSD Rhodora Biagtan, DSRSD ~ ~, H:~ENGDEPIICEQA~Nielum Prope~ty - Iaitial Study - Co~ents on Swpe and Content of SEIR - OCr04-08.doc ~ Chmn/File: 28PF08 Nielsen Pmperty Redevelopmrnt ~~~ ~~~ RESp~~ ~ ~~ ~~15 ~ZON ~~~ a ~ ALAMEDA COUNTY d FLOOD CONTROL AND WATER CONSERVATION DISTRICT 100 NORTH CANYONS PARKWAY, LIVERMORE, CA 94551-9486 , ~ PHONE (925) 454-5000 ~NqGEM~`~ Ju.ne 2S, 2008 Ms. Erica Fraser ~E ;~8~EI~ City of Dublin ~1 U N~ 6 2008 Community Development Department 100 Civic Plaza ~'".9E~Ll~1;~L~~~1~~ Dublin, Ca. 94568 Subject: Notice of Preparation for a DSEIR for the Neilson Development Project Dear Ms. Fraser: Zone 7 has reviewed the referenced CEQA document in the context of Zone 7's mission to provide drinl~ing water, non-potable water for a groundwater and stream management within th eL~~e m~re Amado~alley d We have n~ and following comments for your consideration. ~e 1. On page 49, the first sentence of the first paragraph under Environmental Setting, should read "...drains to the San Francisco Bay via the Arroyo M_ p~d ~.oyo de la Laguna... ~~ 2. On the same page, the last sentence of the second paragraph under Environmental Settin should read "Zone 7 owns and maintains approximately 37 miles of regional storm g drainage facilities..." 3. On page 51, with regards to items C and D, Zone 7 requests to review the hydrology modeling prior to acceptance. 4. The project is subject to Zone 7's Special Drainage Area (SDA) 7-1 Drainage Fees for the creation of new impervious areas per Ala.meda County Flood Control & Water Conservation District Ordinance 0-2002-24. We appreciate the opportunity to comment on this document. If you have any questions or comments, please feel free to contact me at your earliest convenience at 925-454-5036 or via e- mail at mlim(a~zone7water com. Sincerely, Mary Lim Environmental Services Program Manager Cc: Karla Nemeth, 7oe Seto, Jeff Tang ~~~ ~ ~758~ ~ Appendix 8.4 Dublin City Council Resolution No. 53-93 (1993 Eastern Dublin EIR) Neilsen ProjecUDraft Supplemental EIR City of Dublin Page 148 PA #07-057 January 2009