Loading...
HomeMy WebLinkAbout06-18-1996 PC Agenda PLANNING COMMISSION Regular Meeting-Dublin Civic Center Tuesday-7:30 p.m. 100 Civic Plaza,Council Chambers June 18, 1996 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETINGS-June 4, 1996 6. ORAL COMMUNICATION-At this time,members of the audience are permitted to address the Planning Commission on any item(s)of interest to the public;however,no ACTION or DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made or questions posed,or may request Staff to report back at a future meeting concerning the matter. Furthermore,a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Community Development Director(no later than 11:00 a.m.,on the Tuesday preceding a regular meeting)to have an item of concern placed on the agenda for the next regular meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 96-024 General Plan Amendment and Zoning Ordinance Amendment to add text to the General Plan relating to the Alameda County Hazardous Waste Management Plan permitting the location of Small-Scale Transfer and Storage Facilities and of Industrial Transfer/Storage Facilities in the Business Park/Industrial:Outdoor Storage, Business Park/Industrial:Low Coverage,and Industrial Park designations of the General Plan;and to amend the Zoning Ordinance to adopt definitions of terms,adopt standards and procedures for processing conditional use permits for facilities under the Alameda County Hazardous Waste Management Plan,and adopt local siting criteria consistent with the County Plan,and amend the M-1 (Light Industrial)and M-2(Heavy Industrial)Zoning Districts to allow the location of Small-Scale Transfer and Storage Facilities and of Industrial Transfer/Storage Facilities as conditional uses subject to adopted procedures and siting criteria. The Planning Commission or City Council may establish other development standards,zoning district,and/or development regulations consistent with the purpose and intent of the General Plan or applicable City policy. 8.2 PA 94-028 Schaefer Ranch Planned Development Prezone-The Applicants are proposing residential and commercial development for their collective parcels totaling 500±acres. The project is located along the northern side of the 1-580 freeway,adjacent to the City's western boundary. The Planning Commission considered the EIR and General Plan Amendment at their June 4 meeting and recommended certification and approval by the City Council. The project component scheduled for consideration at the June 18, 1996 Planning Commission meeting is the Planned Development Prezoning to establish an overlay zone and general land use provisions for the site. 9. NEW OR UNFINISHED BUSINESS 9.1 City of Dublin Wildfire Management Plan(continued) As the Eastern Dublin General Plan Amendment/Specific Plan EIR requires,the City has completed a draft Wildfire Management Plan that will reduce the risk of open land wildfire while protecting wildlife habitat and other open space values. 9.2 Capital Improvement Program(1996-2001)Conformance to General Plan(Govt.Code 65402) 9.3 Wells Middle School and Valley High School additions and new buildings conformance to the General Plan (Government Code 65402) 10. OTHER BUSINESS(Commission/Staff Informational Only Reports) 11. ADJOURNMENT CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 18, 1996 TO: Planning Commission FROM: Planning Staff PREPARED BY: Dennis Carrington, Senior Planner SUBJECT: PA 96-024, Alameda County Hazardous Waste Management Plan General Plan Amendment and Zoning Ordinance Amendment GENERAL INFORMATION: PROJECT: Request for a General Plan Amendment and Zoning Ordinance Amendment to implement the Alameda County Hazardous Waste Management Plan. The following information is rather technical in nature. Staff will endeavor to explain the materials more clearly at the time of the puclic hearing. GENERAL PLAN AMENDMENT GPA to adopt Section 4.6, ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN. The GPA would: • Establish a guiding policy encouraging the reduction or elimination of hazardous wastes at the source as the highest priority in the management of hazardous wastes, • Establish a guiding policy to make provision for the location of offsite hazardous waste facilities in the City which meet the fair share needs of the City and the County. • Establish implementing policies: • Incorporating the goals, policies, facility siting criteria and other provisions of the Alameda County Hazardous Waste Management Plan into the City's General Plan, • Prohibiting the location of facilities for the land disposal of hazardous wastes or treatment residues in Dublin, • Including household hazardous waste facilities in the category of"Small-Scale Transfer and Storage Facility"to encourage the location of such a facility, • Assuring adequate buffers from residential designated property, • Assuring adequate public services and emergency response times, and Item No. 6 • I Copies To: PA File Senior Planner PAGE f OF �� • Restricting facilities to the Business Park/Industrial: Outdoor Storage,Business Park/Industrial: Low Coverage,and Industrial Park categories of the General Plan. ZONING ORDINANCE AMENDMENT Zoning Ordinance Amendment to: • Adopt definition of Industrial Transfer/Storage/Treatment Facility, • Adopt definition of Small-Scale Transfer and Storage Facility, • Allow these facilities in the M-1 and M-2 zones as conditional uses, • Adopt Section 8-104.0 of the Zoning Ordinance"HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE"which sets forth standards and procedures for processing conditional use permits to locate the above facilities in the City. APPLICANT City of Dublin LOCATION: Citywide BACKGROUND AB 2948(Tanner)in 1986 required counties to adopt a county hazardous waste management plan(CHWMP). The plan must address the management of all hazardous wastes generated in a specific county. In addition,the legislation lays out a process for the siting of expanded or new off-site hazardous waste facilities(i.e.those facilities which collects hazardous wastes from other sites)in a community. This issue must also be addressed in the plan. The legislation is based on the principles of fair-share and local responsibility. That is,counties are obligated to plan for treating hazardous wastes generated in their area as well as any obligations due to interjurisdictional agreements with other counties. In addition,local jurisdictions are expected to accommodate hazardous waste facilities and not deny such facilities based on local concerns. State law also requires that cities have 180 days after state approval of a county plan to adopt local planning requirements to implement the county plan. The Alameda County Hazardous Waste Management Plan was approved by the State late in 1995 and addressed the requirements of AB 2948. Based on a notice received from the Alameda County Solid Waste Management Authority which prepared the plan,Alameda County cities have until June 30,1996 to incorporate the CHWMP into their general plans and to adopt a set of local planning requirements in the general plan and/or zoning ordinance. • 2 PAGE 2- OF RV ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN The Alameda County Waste Management Plan,as mentioned above,was prepared in a manner to meet state law. It is composed of ten chapters including: 1. Introduction and summary, 2. Policy directions for hazardous waste management in Alameda County, 3. Current hazardous waste generation patterns, 4. Current hazardous waste management practices, 5. Current hazardous waste management programs, 6. Major factors affecting future hazardous waste management, 7. Future hazardous waste generation, 8. Need for additional capacity, 9. Meeting capacity needs and implementation program;and 10.Hazardous Waste Implementation Program Overall,the plan's policy direction,as provided in Chapter 2(see in Attachment 1),is to phase-out land disposal of hazardous waste and to establish a hazardous waste management hierarchy. The hierarchy establishes source reduction as the highest priority to manage hazardous waste followed by onsite and offsite reuse and recycling,onsite and offsite treatment,incineration and disposal of residuals as the lowest priority. Policies also encourage: • the consolidation of offsite hazardous waste facilities to be located near where the majority of the waste is being generated, • the disbursement of transfer stations, • the promotion of programs for small hazardous waste generators and household hazardous wastes, • public participation in hazardous waste planning, • a public education program on hazardous wastes, • establishment of a"fair-share"principle for the siting of hazardous waste facilities to meet the needs within the county. Based on the analysis of current and projected waste generation and capacity,Chapter 8 outlines projected facility needs by the year 2000(from base year 1986). The plan projects a need,in priority,for two or three transfer stations,a small incinerator,a small solvents recovery facility,an expanded waste oil recycling capacity,and a designated stabilization unit in Alameda County. These projections are based on uncertain economic and other assumptions. Due to changing economic and technological conditions,these needs may increase or decrease. The plan basically is intended to guide private sector investment as the demand for various types of facilities are needed. The guide for locating offsite hazardous waste facilities is established in Chapter 9(see in Attachment 1)of the plan. This chapter identifies 19 different locational factors to 3 3 PAGE OF� A consider in the siting of the hazardous waste facilities. For each factor,there are two types of siting criteria(conditional and exclusionary)for three categories of offsite hazardous waste facilities(small-scale transfer and storage facilities,industrial transfer/storage/treatment facilities and residuals repositories). A locational factor may either exclude or,through analysis,require mitigation(if feasible)to mitigate potential impacts of the factor. For example,the plan excludes the placement of any hazardous waste facility within 200 feet of an active or recently active fault(which would include the Calaveras fault). Conversely,where adequate mitigation can be provided,a small- scale and industrial hazardous waste facility could be located in an area of unstable soils while residuals repositories would be excluded. Three criteria,seismic,wetlands and endangered species habitat,would exclude the siting of small scale and industrial hazardous waste facilities in an area. Based on the proposed general plan and zoning amendments,none of these three factors would affect potential sites for hazardous waste facilities in the City of Dublin. As part of determining the location of offsite hazardous waste facilities,the plan provides an option for local communities to decide if household hazardous waste collection systems be considered as a small-scale transfer facility. Staff is recommending that such facilities be included in order to provide local control and to encourage the location of such a facility in the City. Chapter 9 concludes with an explanation of the land-use appeals process available to an applicant in the event of an adverse local decision. SITING PROCESS PER ARTICLE 8.7 OF THE HEALTH AND SAFETY CODE Article 8.7 of the Health and Safety Code establishes a process for the siting of an offsite hazardous waste facility. The time limits established by the State Permit Streamlining Act do not apply for the siting of hazardous waste facilities. This process must be followed by the City of Dublin and is proposed to be included in the Zoning Ordinance. The siting process is summarized as follows: • At least ninety days prior to filing for a land use application with the local jurisdiction,an applicant must file a Notice of Intent(NOI)with the State Office of Permit Assistance(OPA). OPA will then schedule a public meeting(known as the "Pre-application Meeting")in the affected city to inform the public of the proposed facility and the process to approve the facility. • The applicant then files an application with the local jurisdiction as well as with any applicable state agencies for needed permits. This includes a hazardous waste facility permit from the Department of Health Services. The Department has 60 days to determine if the application is complete for a hazardous waste facility permit. The law does not specify the length of time allowed by a local agency to determine application completeness for a local land use application. The law only specifies that the lead agency is the public agency with the principal responsibility for approving a 4 PAGE _ OF Vv hazardous waste facility project. Presumably,this would mean that the Department of Health Services would be lead agency. • Any time after the NOI has been issued and up to 30 days after a determination of application completeness has been made by the local agency,the local legislative body appoints a Local Assessment Committee(LAC)composed of seven representatives:three from the community at large,two representing environmental or public interest groups and two representing affected businesses and industries. In addition,the local agency must notify OPA of application completeness ten days after it makes its determination. • OPA has 60 days after receiving the notice from the local agency to convene a meeting of the lead and responsible agencies for the project,the applicant,the LAC and interested public. Known as the"Post-Application Meeting,"the purpose of the meeting is to determine the issues of concern to the approving agencies and the public. According to state guidelines,this meeting should be held when either an initial study or notice of preparation for an EIR has been prepared by the lead agency. • If requested by the applicant,the local legislative body,within 60 days of application completeness,must provide an initial written determination of the project's consistency with the community's general plan and zoning and the county hazardous waste management plan. The local agency can change its final decision only on the basis of information not considered in the initial decision. • Following the Post-Application Meeting,the LAC meets with the applicant to negotiate terms and conditions for the approval of the project. If the negotiations cannot resolve issues,then OPA may assist in mediating the negotiations. • The local agency then proceeds with the processing of the application upon issuance of the EIR and completion of the LAC negotiations. • Within 30 days of the local agency's action,the applicant may appeal the local agency's land use decision to a State Appeals Board for hazardous waste facility decisions. The Appeals Board cannot overturn a local decision unless all of the following findings are met: 1. Significant environmental impacts will be adequately mitigated; 2. The proposed facility is consistent with the City's general plan; 3. The proposed facility is consistent with the county hazardous waste plan; 4. That alternative locations for the proposed facility as identified in an EIR, have been adequately considered by the appeals board in determining the appropriateness of the site chosen for the facility;and 5. That reversing the local land use decision is consistent with statewide, regional and county hazardous waste management policies,goals and objectives. The critical body of the local review of hazardous waste facilities is the local assessment committee. Its duties,according to state law,are to: • enter into dialogue with the applicant concerning mitigation measures and special benefits and remuneration from the applicant to the community to compensate for local costs; • represent the interests of the community with discussions with the applicant; • receive and expend any technical grants which are provided by state law; • adopt any necessary rules and procedures;and • advise the legislative body of the terms,provisions and conditions for project approval. The legislative body,however,is not bound by the LAC's recommendations in acting on a land use permit. ANALYSIS: GENERAL PLAN AMENDMENT Generally,the general plan amendment is consistent with the Alameda County Hazardous Waste Plan. The amendment would establish guiding policies,the first of which encouraged source reduction as the highest hazardous waste management priority. The second states that the City shall make provisions for the location of hazardous waste facilities in its community which meet the fair share needs of the City of Dublin and of Alameda County. • The amendment incorporates the County Plan by reference as an implementing policy subject to provisions relating to the location/criteria of the plan. These include the prohibition of facilities for the disposal of hazardous wastes or treatment residues in Dublin;the inclusion of household hazardous waste collection sites in the"small- scale transfer and storage facilities"category;the measurement of the distance from 6 PAGE C °F . facilities to residential designated property(as opposed to a residence itself);the requirement that facilities be directly served by streets meeting the City's industrial road standards and that they be accessible via major and arterial streets as designated by the General Plan;that adequate public services be provided to facilities;that the facilities be within a three minute response time from the nearest fire station;and the restriction of facilities to the Business Park/Industrial: Outdoor Storage,Business Park/Industrial: Low Coverage,and Industrial Park categories of the General Plan. The basis for these clarifications are as follows: • Facilities for the disposal of hazardous wastes or treatment residues are intended to be located in remote areas and not appropriate in industrial designated lands adjacent to densely settled residential and commercial areas due to the toxic nature of the wastes, the potential for accidents and the risk of traffic accidents while wastes and residues are being transported. It is also staff's understanding that there is a current agreement between the solid waste management authorities in Santa Clara and Alameda counties that such repositories would be located in Santa Clara County. • The inclusion of household hazardous waste facilities in the"Small-Scale Transfer and Storage Facility"category clarifies the appropriateness of such a necessary facility and facilitates its establishment. • The measurement of the distance from facilities to residential designated areas,as opposed to the nearest residence,builds in an extra buffer to protect residential areas. • The inclusion of the requirement that facilities be directly served by streets meeting the City's industrial road standards and that they be accessible via major and arterial streets will ensure adequate and safe access for the facilities. • Adequate provisions of public services is necessary to ensure proper management of the facilities and to protect the public safety. • A three minute response time is proposed in order to provide adequate rapid response time in the event of a spill or release of a hazardous waste. This is particularly critical where highly toxic substances are involved and additional daytime and nighttime populations could be impacted due to a slower response time. • The restriction of facilities to the Business Park/Industrial: Outdoor Storage, Business Park/Industrial: Low Coverage,and Industrial Park designations of the General Plan,while more restrictive than the County Hazardous Waste Management Plan,is appropriate because sufficient potential locations for facilities exist within those designations within the City,and because these areas are easily accessible from anywhere in the City. 7 PAGE OF o ZONING ORDINANCE AMENDMENT The proposed Zoning Ordinance revisions are consistent with the County Hazardous Waste Management Plan for the same reasons as discussed above pertaining to the general plan amendment. The siting criteria are the same as provided in the County Plan notwithstanding the clarifications and exceptions discussed above. The most significant part of the zoning amendment is the establishment of Chapter 8-104.0. It requires a conditional use permit for the review of offsite hazardous waste facilities. The process is consistent with the provisions of state law and the City's Conditional Use Permit requirements. It specifies: • a detailed listing of anticipated information, • clarifies the environmental review process, • establishes facility siting criteria and permitting requirements consistent with the general plan, • provides for special requirements pertaining to safety,closure and financial responsibilities, • establishes the LAC consistent with state law,and • requires findings for the approval of a hazardous waste facility. It also allows the Community Development Director to relax some of the informational and analysis requirements for household hazardous waste collection programs. This provision is added since these collection programs may be very small in scale and the informational requirements may be excessive. Further,this allows the City to encourage the development of these programs to better serve Dublin residences. ENVIRONMENTAL REVIEW The project has been found to be categorically exempt under Section 15308 of the State CEQA Guidelines which consist of actions taken by regulatory agencies,as authorized by state or local ordinance,to assure the maintenance,restoration,enhancement,or protection of the environment where the regulatory process involves procedures for protection of the environment. The amendment of the General Plan and of the Zoning Ordinance to establish procedures,siting criteria and land use designations and zones in which Small-Scale Transfer and Storage Facilities and of Industrial Transfer/Storage Facilities may be located is an action by the City of Dublin to maintain,restore,enhance 8 PAGE i_or_d - and protect the environment. All subsequent decisions regarding location of these facilities are subject the requirements of CEQA. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation 2) Take testimony from the Public. 3) Question Staff and the Public. • 4) Close public hearing and deliberate. 5) Adopt Draft Resolution recommending that the City Council adopt PA 96-024, Alameda County Hazardous Waste Management Plan General Plan Amendment(Exhibit A). 6) Adopt Draft Resolution recommending that the City Council adopt an Ordinance adopting the definitions of"Industrial Transfer/Storage/Treatment Facility", and"Small-Scale Transfer and Storage Facility"; establishing the above facilities as conditional uses in the M-1 and M-2 zoning districts; adopting standards and procedures to processing conditional use permits for the above facilities under the Alameda County Hazardous Waste Management Plan; and adopting local siting criteria consistent with the County plan (Exhibit B). The Draft ordinance is Attachment 1 to Exhibit B. ATTACHMENTS: Exhibit A: Draft Resolution recommending that the City Council adopt PA 96-024, Alameda County Hazardous Waste Management Plan General Plan Amendment(Exhibit A). Exhibit B: Adopt Draft Resolution recommending that the City Council adopt an Ordinance adopting the definitions of"Industrial Transfer/Storage/Treatment Facility", and "Small-Scale Transfer and Storage Facility"; establishing the above facilities as conditional uses in the M-1 and M-2 zoning districts; adopting standards and procedures to processing conditional use permits for the above facilities under the Alameda County Hazardous Waste Management Plan; and adopting local siting criteria consistent with the County plan (Exhibit B). The Draft ordinance is Attachment 1 to Exhibit B. Background Attachments: Attachment 1: Chapters 2 and 9 of the Alameda County Hazardous Waste Management Plan. /pcagstmt 9 PAC - .X6 RESOLUTION NO.96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF PA 96-024 ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN GENERAL PLAN AMENDMENT WHEREAS, The County of Alameda has adopted a County Hazardous Waste Management Plan;and WHEREAS, The management of hazardous wastes generated by our highly technological society has become one of the leading concerns of the City of Dublin;and WHEREAS, AB 2948(Tanner,1986)was signed into law to require each county to adopt a County Hazardous Waste Management Plan and for each city to incorporate the county plan into their general plans within a specified time period;and WHEREAS, The Alameda County"Hazardous Waste Management Plan addresses the requirements of AB 2948 by conducting a planning process to develop a hazardous waste management program meeting Alameda County's projected needs and complying with state law, a plan which establishes goals and policies pertaining to the hierarchy of hazardous waste management strategies and a set of criteria for the siting of expanded or new offsite hazardous waste facilities;and WHEREAS, Cities have until June 30,1996,to incorporate the County plan into their general plans;and WHEREAS, The Planning Commission did hold a public hearing on said application on June 18,1996;and WHEREAS, Proper notice of said public hearing was given in all respects as required by law;and WHEREAS, The project has been found to be categorically exempt under Section 15308 of the State CEQA Guidelines which consist of actions taken by regulatory agencies,as authorized by state or local ordinance,to assure the maintenance,restoration,enhancement,or protection of the environment where the regulatory process involves procedures for protection of the environment;and WHEREAS, The amendment of the General Plan and of the Zoning Ordinance to establish procedures,siting criteria and land use designations and zones in which Small-Scale Transfer and Storage Facilities and of Industrial Transfer/Storage Facilities may be located is an action by the City of Dublin to maintain,restore,enhance and protect the environment;and WHEREAS, All subsequent decisions regarding location of these facilities are subject the requirements of CEQA;and • PACE in 0; _v o WHEREAS, The proposed general plan amendment is substantially consistent with the adopted Alameda County Hazardous Waste Management Plan;and WHEREAS, It is in the public interest to prohibit the location of facilities for the land disposal of hazardous wastes or treatment residues because it promotes the objectives of the Alameda County Hazardous Waste Management Plan which intends these facilities for remote areas;and WHEREAS, That the inclusion of household hazardous waste facilities in the Small- Scale Transfer and Storage Facility category will facilitate the establishment of such a necessary facility WHEREAS, The measurement of distance criteria from facilities to residential designated areas will provide a greater buffer for residential areas from potential impacts;and WHEREAS, The requirement that facilities be directly served by streets meeting the City's industrial road standards and that they be accessible via Major and Arterial streets will assure that adequate and safe access for facilities will be provided;and WHEREAS, The requirement for an adequate level of public services for facilities and for a minimum three minute response time from the nearest fire station are necessary to ensure public safety;and WHEREAS, The restriction of facilities to the Business Park/Industrial: Outdoor Storage,Business Park/Industrial: Low Coverage,and Industrial Park designations of the General Plan,while more restrictive than the County Hazardous Waste Management Plan,is appropriate because sufficient potential locations for facilities exist within those designations within the City,and because these areas are easily accessible from anywhere in the City;and WHEREAS, The Staff Report was submitted including language incorporating the Alameda County Hazardous Waste Management Plan as,"Section 4.6 Alameda County Hazardous Waste Management Plan",and recommending that the Planning Commission recommend City Council approval of the general plan amendment;and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations,and testimony hereinabove set forth. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt PA 96-024 Alameda County Hazardous Waste Management Plan General Plan Amendment as follows: 4.6 ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN The management of hazardous wastes generated by our highly technological society has become one of the leading concerns of the City of Dublin. AB 2948(Tanner,1986)was signed into law FrnsW_L_OF . to require each county to adopt a County Hazardous Waste Management Plan and for each city to incorporate the county plan into their general plans within a specified time period. The Alameda County Hazardous Waste Management Plan addresses the requirements of AB 2948 by conducting a planning process to develop a hazardous waste management program meeting Alameda County's projected needs and complying with state law,a plan which establishes goals and policies pertaining to the hierarchy of hazardous waste management strategies and a set of criteria for the siting of expanded or new offsite hazardous waste facilities. Guiding Policies • A. The City of Dublin shall encourage the reduction or elimination of hazardous wastes at the source site as the highest priority in the management of hazardous wastes. B. The City of Dublin shall make provisions for the location of offsite hazardous waste facilities in its community which meet the fair share needs of the City of Dublin and of Alameda County. Implementing Policies C. The goals,policies,facility siting criteria and other provisions of the Alameda County Hazardous Waste Management Plan are incorporated herein by reference subject to the following provisions to the locational criteria of the plan: 1. Facilities for the land disposal of hazardous wastes or treatment residues are prohibited in the City of Dublin. 2. Small-Scale Transfer and Storage facilities shall include household hazardous waste collection facilities. 3. To assure that future and existing residential populations are adequately considered,the criteria for distances from facilities permitted by the plan shall be from the facilities to residential designated property. 4. To assure that facilities are appropriately located with regard to major transportation routes,all sites for offsite hazardous waste facilities shall be directly served by streets meeting the City's industrial road standards and shall be accessible via Major and Arterial streets as designated by the General Plan. 5. To provide an adequate level of public services and to assure an adequate margin of public safety,all facilities shall be adequately served by necessary public services as specified by the plan and shall be within a three(3)minute response time from the nearest fire station. 6. To assure proper land use compatibility and adequate proximity to the waste generation stream,all offsite hazardous waste facilities shall be located in areas designated Business Park/Industrial: Outdoor Storage,Business Park/Industrial: Low Coverage,and Industrial Park on the General Plan.. PAC': \'0 � s s� D. A violation of Zoning Ordinance Section 8-104.0,HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE,pertaining to the Alameda County Hazardous Waste Management Plan is deemed to be a violation of the Dublin General Plan. The General Plan determines that the implementation of the Alameda County Hazardous Waste Management Plan through the guiding and implementing policies of the General Plan and by means of Section 8-104.0 of the Zoning Ordinance is necessary to protect the public health,safety,and welfare. PASSED,APPROVED AND ADOPTED this 18th day of June,1996. AYES: NOES: ABSENT: Planning Commission Chairperson A 1 1'EST: Planning Director g:96024pcgpares • PAN 13 "U RESOLUTION NO.96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF PA 96-024 ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN ZONING ORDINANCE AMENDMENT WHEREAS, The County of Alameda has adopted a County Hazardous Waste Management Plan;and WHEREAS, The management of hazardous wastes generated by our highly technological society has become one of the leading concerns of the City of Dublin;and WHEREAS, AB 2948(Tanner,1986)was signed into law to require each county to adopt a County Hazardous Waste Management Plan and for each city to incorporate the county plan into their general plans and/or Zoning Ordinances within a specified time period;and WHEREAS, The Alameda County Hazardous Waste Management Plan addresses the requirements of AB 2948 by conducting a planning process to develop a hazardous waste management program meeting Alameda County's projected needs and complying with state law,a plan which establishes goals and policies pertaining to the hierarchy of hazardous waste management strategies and a set of criteria for the siting of expanded or new offsite hazardous waste facilities;and WHEREAS, Cities have until June 30,1996,to incorporate the County plan into their general plans and/or Zoning Ordinances;and WHEREAS, The Planning Commission did hold a public hearing on said application on June 18,1996;and WHEREAS, Proper notice of said public hearing was given in all respects as required by law; and WHEREAS, The project has been found to be categorically exempt under Section 15308 of the State CEQA Guidelines which consist of actions taken by regulatory agencies,as authorized by state or local ordinance,to assure the maintenance,restoration,enhancement,or protection of the environment where the regulatory process involves procedures for protection of the environment;and WHEREAS, The amendment of the General Plan and of the Zoning Ordinance to establish procedures,siting criteria and land use designations and zones in which Small-Scale Transfer and Storage Facilities and of Industrial Transfer/Storage Facilities may be located is an action by the City of Dublin to maintain,restore,enhance and protect the environment;and WHEREAS, All subsequent decisions regarding location of these facilities are subject the requirements of CEQA;and WHEREAS, The proposed Zoning Ordinance amendment is substantially consistent with the adopted Alameda County Hazardous Waste Management Plan;and PACT . OF '(- WHEREAS, It is in the public interest to prohibit the location of facilities for the land disposal of hazardous wastes or treatment residues because it promotes the objectives of the Alameda County Hazardous Waste Management Plan which intends these facilities for remote areas;and WHEREAS, That the inclusion of household hazardous waste facilities in the Small-Scale Transfer and Storage Facility category will facilitate the establishment of such a necessary facility WHEREAS, The measurement of distance criteria from facilities to residential designated areas will provide a greater buffer for residential areas from potential impacts;and WHEREAS, The requirement for an adequate level of public services for facilities is necessary to ensure public safety;and WHEREAS, The restriction of facilities to the M-1 and M-2 zoning districts is appropriate because sufficient potential locations for facilities exist within those zoning districts within the City, and because these areas are easily accessible from anywhere in the City;and WHEREAS, The Staff Report.was submitted including language recommending that the Planning Commission recommend that the City Council adopt an Ordinance adopting the definitions of "Industrial Transfer/Storage/Treatment Facility",and"Small-Scale Transfer and Storage Facility"; establishing the above facilities as conditional uses in the M-1 and M-2 zoning districts;adopting standards and procedures for processing conditional use permits for the above facilities under the Alameda County Hazardous Waste Management Plan;and adopting local siting criteria consistent with the County plan. WHEREAS, the Planning Commission did hear and consider all said reports, recommendations,and testimony hereinabove set forth. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt PA 96-024 Alameda County Hazardous Waste Management Plan Zoning Ordinance Amendment as shown in Attachment 1 to this resolution. PASSED,APPROVED AND ADOPTED this 18th day of June,1996. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: • Planning Director g:96024perezres • PAGE . OF �lJ s• • ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2 OF TITLE 8 OF THE DUBLIN ORDINANCE CODE (THE ZONING ORDINANCE) TO ADOPT DEFINITIONS, ADOPT STANDARDS AND PROCEDURES FOR PROCESSING CONDITIONAL USE PERMITS FOR FACILITIES UNDER THE ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN, AND ADOPT LOCAL SITING CRITERIA CONSISTENT WITH THE COUNTY PLAN, AND AMEND THE M-1 (LIGHT INDUSTRIAL) AND M-2 (HEAVY INDUSTRIAL)ZONING DISTRICTS TO ALLOW THE LOCATION OF SMALL-SCALE TRANSFER AND STORAGE FACILITIES AND OF INDUSTRIAL TRANSFER/STORAGE/TREATMENT FACILITIES AS CONDITIONAL USES SUBJECT TO THE PROCEDURES AND SITING CRITERIA. The City Council of the City of Dublin does ordain as follows: Section 1. Section 8-21.3 is added to the Dublin Zoning Ordinance to read as follows: 8-21.3 INDUSTRIAL TRANSFER/STORAGE/TREATMENT FACILITY. Industrial Transfer/Storage/Treatment facility means any hazardous waste management facility which is not a small-scale transfer facility or a residuals repository. This facility category includes but is not limited to: a. Manifested waste transfer station; b. Recycling facility; c. Aqueous treatment facility; d. Stabilization and solidification facility; and e. Bioremediation. Section 2. Section 8-22.0 is added to the Dublin Zoning Ordinance to read as follows: 8-22.0 SMALL-SCALE TRANSFER AND STORAGE FACILITY. Small-Scale Transfer and Storage Facility means facilities with wastestreams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five gallons or a total weight of 50 pounds. A household hazardous waste collection facility is considered to be a small-scale transfer and storage facility. Section 3. Section 8-51.3 is added to the Dublin Zoning Ordinance to read as follows: 8-51.3 CONDITIONAL USES: M-1 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: • A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 11. Small-Scale Transfer and Storage Facility 12. Industrial Transfer/Storage/Treatment Facility E'ac L OF Section 4. Section 8-52.2 is added to the Dublin Zoning Ordinance to read as follows: 8-52.2 CONDITIONAL USES: M-2 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 10. Small-Scale Transfer and Storage Facility 11. Industrial Transfer/Storage/Treatment Facility Section Section 8-104.0 is added to the Dublin Zoning Ordinance to read as follows: 8-104.0 HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE. 8-104.1 Intent. The purpose of this section is to establish uniform standards,land use regulations and a permit process for controlling the location,design,maintenance and safety of off site hazardous waste facilities. These standards, regulations and process are intended to be consistent with Article 8.7 of the California Health and Safety Code,applicable portions of the Alameda County Hazardous Waste Management Plan and the City of Dublin General Plan. 8-104.2 APPLICABILITY. A. The specific requirements of this ordinance are applicable to the siting and development of off-site hazardous waste treatment, storage, and transfer facilities. Off site hazardous waste facilities means those facilities which treat,store,recycle,incinerate or transfer hazardous wastes from at least two producers of hazardous wastes which are not located on the same property of the hazardous waste facility. Consistent with the Alameda County Hazardous Waste Management Plan,off-site hazardous waste facilities only include those facility types as defined by the plan for Small-Scale Transfer and Storage Facilities including hazardous waste collection facilities, and Industrial Transfer,Storage and Treatment Facilities. B. The off-site facility definition does not apply to: 1. transportable treatment units(TTU)which are designed to be moved • either intact or in modules and which are intended to be operated at a given location for a limited period of time;or 2. permanent on-site hazardous waste facilities at locations where hazardous waste is produced,and which are owned by,leased to,or under the control of the producer of the waste. 2 P",Cr I-7 OF VU e' C. Facilities for the land disposal of hazardous wastes or treatment residues are prohibited in the City of Dublin D. All such facilities (i.e., off-site, on-site, household hazardous waste collection,and TTU's)shall obtain all necessary state licensing to install and operate. E. Small Scale Transfer and Storage Facilities and Industrial Transfer/Storage Treatment Facilities are permitted in the M-1 and M-2 Zoning districts pursuant to a Conditional Use Permit before the Planning Commission. F. A Conditional Use Permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed.beyond those specified in the approved permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application. 8-104.3 PROCEDURE. Applications for hazardous waste facilities as defined by this chapter shall follow procedures specified by Article 8.7 of the State Health and Safety Code and Section 8-94.0 of the Zoning Ordinance. 8-104.4 APPLICATION REQUIREMENTS. The information listed below is required at the time a hazardous waste facility application for an off-site facility is submitted to the Community Development Department: A. A complete planning application for a Conditional Use Permit signed by the property owner or its authorized representative. B A non-refundable deposit or fee as set forth by ordinance or resolution of the City Council. C A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 8-104.10. D. Information required for public meetings and hearings,as determined by the Director of Community Development. FACE f E. A scaled, fully-dimensioned site plan and development plan drawn in sufficient detail to clearly describe the following: 1. Physical dimensions of property and structures; 2. Location of existing and proposed structures; 3. Setbacks; 4. Methods of circulation and location of truck routes; 5. Ingress and egress; 6. Utilization of property under the requested permit; 7. The distance from the project property lines to the nearest residential structure; 8. Proximity of the project to 100-year floodplain areas; 9. Proximity of the project to any known earthquake fault zones; 10. The relationship of the proposed project to all aboveground water supplies as well as known underground aquifers that could conceivably suffer contamination; 11. Topographic description of the property and surrounding area; 12. Existing and proposed utilities which service or will be needed to service the facility; ' 13. Identification of surrounding zoning and land uses; 14. Landscape plans showing theme and location of all landscape areas; 15. Building elevations showing building height,exterior materials,and architectural theme;and 16. Other information as required by the Director of Community Development. ' F. A preliminary geological study of the property and surrounding area which comprehends as deep a soils analysis as there are known aquifers,regardless of the potability of those aquifers. G. Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of fmal discharge. H. Identification of the amounts(tonnage)and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amount, sources, and types of hazardous wastes to be treated based on an actual survey of the industries to be served and,thereby,be representative of the wastes that will be processed at the facility. I. A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. Said plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the approval body reviewing the case. �J(� • J. A plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary by other permitting agencies such as State Department of Health Services, the Bay Area Air Quality Management District (BAAQMD), Environmental Protection Agency (EPA),San Francisco Bay Regional Water Quality Control Board,etc. K. A preliminary contingency plan for emergency procedures designed to • minimize hazards to human health or the environment from fires,explosions or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air,soil,or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion,or release of hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 8-104.7C. L. Other information as required by the director of community development to demonstrate compliance with the facility siting criteria as outlined in Section 8-106.6. 8-104.5 ENVIRONMENTAL REVIEW. A. The project shall be subject to environmental analysis according to the City's environmental guidelines pursuant to the California Environmental Quality Cat(Public Resources Code Section 21000-21177;15000-15387). B. The environmental analysis shall address, but not be limited to, the following: 1. Describe at least two(2)reasonable alternatives to the project;these alternatives shall be reviewed pursuant to the California Environmental Quality Act (Public Resources Code section 15060(d)). 2. An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures. 3. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area. • • 5 PACE • 4. A health and safety assessment that analyses in detail all probabilities of accidents or spills and impacts to groundwater at the site; flooding risks; geologic constraints and engineered solutions; identify air emissions, impacts and their mitigation; determines appropriate setbacks from residential designated property and immobile populations; as well as transportation-related accidents from the point of origin to the facility. Such analysis shall identify mitigation measures to reduce identified risks. The health and safety assessment shall identify the most probable routes for transporting hazardous wastes to the facility within Alameda County, and if applicable,Santa Clara County. 5. An analysis of traffic impacts associated with the project and recommended mitigated measures. 6. An analysis of all anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area. 7. Other information as required by the California Environmental Quality Act(CEQA). 8-104.6 FACILITY SITING CRITERIA AND PERMITTING REQUIREMENTS. The following siting criteria and permitting requirements have been established for use by hazardous waste facility project proponents in locating and designing suitable facility sites and appropriate facilities, and by the City in evaluating proposed sites and facility projects. The purpose of the criteria is to reduce public health and environmental risks and governmental costs associated with development of off-site hazardous waste facilities. A. Protect the Residents of Alameda County(and the City of Dublin): 1. Distance from residentially designated property All Facilities: Treatment, storage, or transfer facilities handling ignitable, explosive, reactive or acutely hazardous wastes must provide a minimum buffer zone of at least 2,000 feet between the nearest residential designated property and the facility site,unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller buffer zone provides adequate protection for the public in the event of an accident. For other facilities,including recycling,transfer,or storage of other types of hazardous wastes, a buffer zone of at least 500 feet is required between the operational area within the facility site and the nearest -7 , residential designated property (again, unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller buffer zone provides adequate protection for the public in the event of an accident). 2. Distance from Immobile populations: All Facilities: Facilities shall comply with City minimum zoning code setbacks,unless a greater buffer distance from other uses is deemed necessary,based on a required health and safety assessment. Larger buffer zones are required between a transfer station,storage, or treatment facility, and any immobile populations where evacuation in the.event of an accident at the facility is likely to be difficult or inadvisable. This is especially true for facilities handling ignitable,explosive,or reactive waste. A minimum buffer zone of 5,000 feet between a facility site and any site with an immobile population is therefore required, unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller buffer zone provides adequate protection for the immobile population. B. Ensure the Structural Stability of the Facility: 1. Floodplains: All facilities.: Facilities must be designed,constructed,operated and . maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required health and safety assessment will address flooding risks associated with the facility. Facilities may be located in areas subject to 100-year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or snowmelt, tsunamis(tidal waves),seiches(earthquake-induced waves in lakes), and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent undulation or washout. • r-ACrE?.... • 2. Seismic: All Facilities: Facilities must have a minimum 200-foot setback from active or recently active earthquake faults,per the California Administrative Code(CAC),title 22,Section 6391(a)(fl 1)A(1)and (2). The required health and safety assessment will address earthquake safety of the facility. 3. Unstable soils: All Facilities: Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes,and areas subject to liquefaction,subsidence or other severe geologic constraints. The required health and safety assessment will include a geologic report defining any such constraints and engineered solutions. C. Protect Water Quality: 1. Groundwater: All Facilities: Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability. Facilities are encouraged to locate outside of known or suspected principal recharge areas to regional aquifers as defined in local or state plans and areas of permeable strata and soils as defined by the Alameda County Hazardous Waste Management Plan. Facilities may locate in these areas only with increased engineered design • features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment facilities must provide secondary containment and shall be sited, designed and operated to ensure that hazardous materials will always be twenty feet above the tension-saturated zone unless approved by the Alameda County Water District. Facilities are also encouraged to locate outside of areas where groundwater is within twenty feet of the natural land surface. Facilities may locate in these areas only with increased engineered 8 23r-_ design features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment operation is prohibited. Industrial Transfer/Storage/Treatment Facility: Groundwater monitoring wells must be located around each facility to determine background vadose zone and groundwater quality, and to detect leaks and spills from the facility, unless demonstrated to be safe • without them through the health and safety assessment. An ongoing groundwater monitoring program should be developed in consultation with local, state and water district representatives. 2. Surface Water quality All facilities: Developers shall comply with the requirements of the Alameda Countywide Clean Water Program. 3. Wastewater: All facilities: Facilities operating wastewater should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, state and local sewering agency discharge requirements; and the facility must obtain a valid industrial wastewater discharge permit. D. Protect Air Quality: 1. Air quality nonattainment and PSD areas: All facilities: Facilities may be sited in nonattainment and PSD (prevention of significant deterioration) areas only if they meet the requirements of the Bay Area Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigation associated with the facility. E. Protect Environmentally Sensitive Areas: 1. Wetlands All facilities: Facilities are prohibited from locating in wetlands such as salt water, fresh water and brackish marshes, swamps and bogs, as defined in local regional and state plans and policies (generally, areas inundated by surface water or ground water with a frequency to support, under normal circumstances, a prevalence of • 9 r vegetative or aquatic life which requires saturated soil conditions for growth and reproduction). 2. Habitat of Endangered Species All facilities.: Facilities are prohibited from locating within critical habitats of endangered species, defined as areas known to be inhabited permanently or seasonally or known to be critical at any stage in the life cycle of any species of wildlife or vegetation identified or being considered for identification as"endangered"or "threatened" by the U.S. Department of Interior of the State of California. 3. Prime agricultural lands: All facilities: Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated. 4. Recreational,cultural and aesthetic resources: Small-Scale Transfer and Storage facilities: Low-volume transfer and storage facilities may locate in protected,recreational,cultural or aesthetic resource areas, as defined by local, regional, state of national plans or policies, only if necessary to handle hazardous wastes generated by workers,residents,or visitors in these areas. Industrial Transfer/Storage/Treatment Facility: Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, state or national plans or policies. 5. Military lands: All facilities:Facilities are prohibited from locating on military lands by the policy of the U.S.Department of Defense(DOD). • 6. Mineral resource areas: All facilities: Facilities are prohibited from locating on lands containing significant mineral deposits,as classified by local plans or California's mineral land class maps and reports,if the extraction of the mineral deposit would be precluded. 10 Li.r- L p. F. Ensure Safe Transportation of Hazardous Waste: 1. Proximity to waste generation areas: All facilities: Facilities shall locate in the M-1 (Light Industrial) and M-2 (Heavy Industrial) zoning districts at locations close to sources of hazardous waste generation to minimize the risks of transportation. • 2. Proximity and Access to Major Routes: All facilities: Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall be on industrial streets, accessible to designated truck routes, not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc. The required health and safety assessment will evaluate risks associated with transportation of hazardous wastes. G. Protect the Social and Economic Goals of the Community: 1. Consistency with general plan and zoning: All facilities: Facilities must be consistent with local planning policies, including the City General Plan and Zoning Ordinance. 2. Fiscal impact: All facilities: A facility's fiscal impact to the City must be demonstrated. . 3. Socioeconomic impacts: All facilities: The City may require the facility developer to fund an independent study on socioeconomic impacts of the facility. 4. Proximity to Public Services: All facilities: Facilities shall be served by necessary public services including but not necessarily limited to sewer, water, electricity, gas and telephone. The site shall be located within a three minute response time from the nearest fire station. 2c_f: 6_ 11 • 5. Consistency with Alameda County Hazardous Waste Management Plan: All facilities:Facilities shall be consistent with the goals and policies of the Alameda County Hazardous Waste Management Plan, and must demonstrate compliance with the siting criteria established herein. Facilities shall be consistent with the fair share principal,and with any interjurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions,along with regional commitments;facilities are to be designed and sized primarily to meet the hazardous waste management needs of Alameda County, or to meet the county's broader regional commitments under an interjurisdictional agreement. 8-104.7. SPECIAL DEVELOPMENT REQUIREMENTS. • A. General Conditions: The City may impose conditions on the granting of a Conditional Use Permit for a hazardous waste facility in order to achieve the purposes of this section and the General Plan and to protect the health,safety and general welfare of the community. B. Safety and Security: 1. The owner of operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility. 2. The operator shall provide a twenty-four hour surveillance system (e.g., elevation monitoring or surveillance by guards or facility personnel which continuously monitors and controls entry onto the facility. 3. An artificial or natural barrier(e.g.,a wall or a wall combined with a landscaped berm) shall be constructed to completely surround the facility. 4. All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend, "Danger- Hazardous Waste Area- Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility, and at other locations,in sufficient numbers to be seen from any approach. The 12 -2 c- � legend shall be written in English, Spanish and any language predominate(predominant)in the area surrounding the facility,and shall be legible from a distance of at least twenty-five (25) feet. Existing signs with a legend other than "Danger - Unauthorized Personnel Keep Out"may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion,and that entry onto the active portion can be dangerous. C. Contingency Plan: 1. The hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires,explosions,or unplanned release of hazardous waste to air, soil, or surface water. The plan shall be prepared to the satisfaction of the Community Development Director and be carried out immediately whenever a fire, explosion, or unplanned release occurs. 2. The contingency plan shall include: (a) The actions employees must take in response to a fire, explosion,unplanned release of hazardous waste. (b) Arrangements agreed to by local emergency response officials. (c) The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one(1)name is listed,the order in which they may assume authority shall be given,with one (1) person designated as primary coordinator.) The emergency coordinator shall be available to respond to all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan,all operations and activities of the facility, the location and characteristics of wastes handled,and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan. (d) A listing of all emergency equipment at the facility, including its location and an outline of its capabilities. 13 L5 r (e) An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes. 3. Facility emergency coordinator responsibilities shall be identified in the contingency plan to include,at minimum,the following: (a) In event of emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate state or local emergency response agencies. (b) In the event of a fire,explosion,or release of any hazardous material, the emergency coordinator shall immediately identify the character,exact source,amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards both direct and indirect,to human health or the environment that may result from the emergency. (c) If the emergency coordinator determines that the facility has had a release,fire or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall report his findings as per the following subsections(d)and(e). (d) If evacuation is necessary,local officials shall be so notified. (e) The emergency coordinator shall, in every situation, notify the state office of emergency services at 1-800-852-7550,the Dougherty Regional Fire Authority (or successor agency) and the Dublin Community Development Department providing the following information. • 1. Name and telephone of person reporting; 2. Name and address of facility; 3. Time and type of incident; 4. Name and quantity of material(s)involved; 5. Extent of injuries;and 14 . (;'.. 6. Possible hazard to human health and the environment outside facility. (t) During the emergency,the emergency coordinator shall take all reasonable measures to ensure that fires,explosions,and releases do not occur or spread,including such measures as: 1. Stopping operations; 2. Collecting and containing released waste;and 3. Removing or isolating containers. (g) If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure build-up,gas generation or ruptures in valves,pipes or other equipment as appropriate. (h) Immediately after an emergency,the emergency coordinator shall provide for treating,storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release,fire or explosion. (i) Other activities required of the emergency coordinator after • an emergency are: 1. No wastes incompatible with the released material is handled until cleanup is completed;and 2. Emergency equipment is cleaned and ready for use before operations are resumed. 4. Owner/operator responsibilities shall be identified in the contingency plan to include,at minimum,the following: (a) Notify the state department of health services and appropriate state and local authorities that the above requirements have been met before operations are resumed in the affected area. (b) Record the time, date and details of any incident which requires implementing the contingency plan. (c) Within fifteen (15) days submit a written report on the incident to the State Department of Health Services. The report shall include: 2 1. Name, address and telephone number of owner/operator; 2. Name,address and telephone number of the facility; 3. Date,time and type of incident; 4. Name and quantity of materials involved; 5. Extent of injuries; 6. Assessment of actual or potential hazards to human health or the environment,where applicable;and 7. An estimate of the quantity of material recovered and its disposition. (d) A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to the City of Dublin Community Development Department,Dougherty Regional Fire Authority(or successor agency),surrounding hospitals, Alameda County Health Care Agency,and other regulatory agencies as deemed appropriate. (e) The contingency plan shall be reviewed and amended when any of the following occur: 1. The facility permit is revised. 2. Applicable regulations are revised. • 3. The plan fails in an emergency. 4. Operations at the facility change in a way that materially increases the potential of fire,explosion or unplanned release of hazardous waste. 5. The list of emergency coordinators changes. 6. The list of emergency equipment changes. !_ 16 D. Monitoring: 1. Upon reasonable notice,the City,their designated representatives of other agencies, may enter a parcel on which a Conditional Use Permit for a hazardous waste facility has been granted for the purpose of monitoring the operation of the facility. 2. The holder of a Conditional Use Permit for a hazardous waste facility shall report quarterly to the Community Development Director the amount,type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials. 3. All structures shall remain accessible for inspection purposes. E. Closure Plan The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan, and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at the end of this intended operating life. The closure plan shall include at least: 1. A description of how and when the facility will be partially closed, if applicable,and finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility. • 2. An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility. 3. A description of the steps needed to decontaminate facility equipment during closure. 4. An estimate of the expected year of closure and a schedule for final closure. The schedule shall include,(at)a minimum,the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure. The owner or operator may amend his closure plan at any • time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan,or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change in operating plans or facility design,a modification of the closure plan shall be requested at the same time. 5. The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project;the nature and type of reclamation,provisions for maintenance of the project and finally the requirements for long-term monitoring of the reclaimed area to ensure no hazardous materials are leaking from the site. 6. The plan shall indicate financial arrangements(irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post-closure monitoring maintenance,per section 8-104.7F below. F. Financial Responsibility:• The owner/operator shall show proof of liability insurance as follows: 1. The types,amounts,periods of coverage,and provisions for periodic 1 review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include,but not be limited to: general liability insurance,automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval. • 2. Additionally,coverage will be provided for workers compensation insurance and such other insurance as may be required. Said insurance will name the City as either additional insured or as an additional loss payee. Certificates of insurance will be submitted to the City annually.' 3. An irrevocable trust will be established to provide funds for closure of the site and its long-term post-closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of percentage of gross income. The terms of the trust would be as agreed upon by the project owner/operator and the City. The terms 18 will be reviewed annually in regards to the amount of funds in the trust and anticipated closure monitoring and maintenance costs. Applicants shall provide a bond in an amount to be determined by • the City for purposes of closure of the site. 4. The owner/operator shall defend,indemnify,and hold harmless the City,its officers,agents, servants,and employees,from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility. 8-104.8 LOCAL ASSESSMENT COMMI11EE(LAC) A. Pursuant to Section 25199.7(d)of the State Health and Safety Code,the City Council shall appoint a seven-member Local Assessment Committee (LAC). The City Council has discretion to appoint additional members to this committee as they deem appropriate. The membership,responsibilities and duties shall be consistent wit the provisions of Section 25199.7 of the State Health and Safety Code. The LAC shall cease to exist after the final administrative action has been taken by the state and local agencies on the permit applications for the project for which the LAC was formed. B. " The approval body shall provide staff resources to assist the LAC in performing its duties. (Requirement of Section 25199.7(d)(3) of the California Health and Safety Code.) C. If the LAC and the applicant cannot resolve any differences through the meetings specified by State Law, the OPA may assist in this resolution pursuant to Section 25199.4 of the California Health and Safety Code. (Requirement of Section 25199.7(h) of the California Health and Safety Code.) 8-104.9 HEARINGS AND NOTICE. Hearings and public notices shall be consistent with the applicable requirements of Article 8.7 of the State Health and Safety Code and Section 8-94.0 CONDITIONAL USE PERMITS, of the City of Dublin Zoning Ordinance. 8-104.10 FINDINGS. In order for the Planning Commission to approve a hazardous waste facility application,the commission must act on this application prior to approving a Conditional Use Permit for a hazardous waste facility. The Planning Commission shall find that: 19 FAGE31 o .. • A. The project is consistent with the City's General Plan and Zoning Ordinance. B. The project is not detrimental to the public health,safety or general welfare of the community. C. The project site is or will be adequately served by roads and other public or private service facilities. D. The project is consistent with the regional fair share facility needs assessment and siting policies established in the Alameda County Hazardous Waste Management Plan. E. The project complies with the facility siting criteria per Section 8- 104.6. 8-104.11 APPEAL An applicant or an interested person may file an appeal of a land use decision made by the City Council to the governor's appeal board within thirty(30)days after the date the City takes final action on the land use decision pursuant to California Health and Safety Code section 25199.9 Procedures for filing ari appeal are outlined in Section 25199.14 of the California Health and Safety Code. 8-104.12 TIME LIMITS. A. A Conditional Use Permit granted for an off-site hazardous waste facility shall be exercised within three(3)years from the effective date thereof, or within such additional time as may be set in the conditions of approval,which shall not exceed a total of seven(7) years; otherwise, the permit shall be null and void. The term "exercised" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion. B. Permit review and renewal shall be determined at the time of approval and shall not exceed five(5)years. 8-104.13 HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES. Household Hazardous Waste Collection Facilities which meets the requirements of Article 10.8 of the State Health and Safety Code shall meet the requirements of this chapter provided that the Community Development Director may exempt informational or analysis requirements of Sections 20 fAC,7 G , 8-104.4, 8-104.6 and 8-104.7 where the data are determined to be nonessential for the approval of the permit. Section 6. This ordinance shall take effect and be enforced thirty (30) days from and after its passage. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 13th day of August, 1996, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: • City Clerk g:pa96024\ord 1 21 Chapter 2 POLICY DIRECTIONS FOR HAZARDOUS WASTE MANAGEMENT IN ALAMEDA COUNTY A. INTRODUCTION This chapter explains the policy framework in which this plan was developed and which is intended to guide its implementation in Alameda County through the turn of the century. It also describes how the plan relates to the hazardous waste management policies of other levels of government,as well as to existing county policies. B. FEDERAL AND STATE POLICIES AND REQUIREMENTS Recent state and federal legislation has established clear policies concerning management of hazardous wastes. These policies express a preference for reducing waste generation,and mandate a near-total phaseout of land disposal of all untreated hazardous wastes between 1985 and 1992. These wastes are to be treated, greatly reducing the remaining risks to public health and the environment. In a significant break from traditional hazardous waste management approaches,Congress in 1984 established a new policy direction. This policy states that land disposal should only be used as a last resort for residues from waste treatment,and eliminated as quickly and completely as possible for all untreated wastes. The 1984 federal Hazardous and Solid Waste Amendments(HSWA)to the Resource Conservation and Recovery Act(P.L.98-616,40 CFR Part 240 et. seq.)requires a nationwide phaseout of disposal of all untreated liquid hazardous wastes on the land by 1992— including disposal in landfills, pits, ponds, lagoons, surface impoundments, injection wells, or similar facilities. Congressional intention on this issue is specific. In the opening statement of its findings and objectives in this legislation,the House-Senate conferees expressed the judgment by Congress that the risks from land disposal were too great and made clear their preference for alternative management approaches for dealing with hazardous wastes: The Conferees intent to convey a clear and unambiguous message to the regulated community and the Environmental Protection Agency: reliance..on land disposal of hazardous waste has resulted in an unacceptable risk to human health and the environment. Consequently,the Conferees intent that through the vigorous implementation of this Act, land disposal will be eliminated for many wastes and minimized for all others, and that advanced treatment, recycling, incineration, and other hazardous waste control technologies should replace land disposal. In other words, land disposal should be used ATTACHMENT 1 . PAGE 31 o. 2-1 only as a last resort and only under conditions which are fully protective of human health and the environment.1 HSWA established a statutory presumption against land disposal of all untreated hazardous wastes unless the U.S. Environmental Protection Agency(EPA)specifically found that such a ban for a particular waste was not required to protect human health and the environment. The amendments established a set of specific deadlines for banning groups of hazardous wastes from land disposal. EPA can extend these deadlines for up to 2 years only if there is a lack of alternate treatment . capacity to handle those wastes,thus providing the link to successful planning and siting. HSWA brought small quantity generators(those producing less than 13.2 tons annually) into the federal "cradle to grave" hazardous waste management system for the first time; required generators to certify their efforts at reducing their waste production; greatly strengthened operating,groundwater monitoring,financial capability,and closure standards for hazardous waste management facilities;and established a national program to address leaking underground storage tanks. In many respects, California has led the nation in acting to protect public health and the environment by restricting the land disposal of hazardous wastes. This program, begun in 1981, served as the national model for the.1984 federal HSWA. For example,HSWA incorporates the so-called"California List"of hazardous wastes to be banned from land disposal,so named because pre-existing California law provided for similar restrictions. Through a large number of statutes, the state has restricted the ability of generators to continue to rely on land disposal. The Toxic Pits Cleanup Act (Katz, 1984) required Regional Water Quality Control Board (RWQCB) inspections of surface impoundments and other pits, ponds, and lagoons used for hazardous waste disposal, and significantly limits their continued operation. In 1986, California accelerated this program through the hazardous Waste Management Act(SB 1500,Roberti),which requires the state to promote reduction in hazardous waste generation, increase recycling and treatment of hazardous wastes,and allow land disposal of treatment residuals only. The California phaseout relative to land disposal is more restrictive than that under RCRA and HSWA. The Legislature declared: The disposal of untreated hazardous waste in,or onto the land without adequate technical safeguards threatens not only the quality of the state's land, air, and water resources,but poses a direct hazard to health and safety by exposing the public to substances that have been found to cause cancer,birth defects,miscarriages,nervous disorders,blood diseases, and damage to vital organs and genes....It is,therefore,in the public interest to establish a program to limit the use of land disposal practices which do not meet certain prescribed standards and promote alternatives for hazardous waste management 2 1Legislative History,Hazardous and Solid Waste Amendments of 1984,Public Law 98-616,98 Stat.3211, p.5651. 2 a t f 1986(5B 1500,Roberti),as passed,p.1. No untreated wastes may be placed on or in the land in California after May 1990,as a result of SB 1500,which accelerates the federal mandate. This act, signed on the same day as the AB 2948 planning and siting statute,extends state policies to reduce the volumes of hazardous wastes being disposed on land. The act directs the State Water Resources Control Board(SWRCB)and State Department of Health Services (DHS) to promote hazardous waste management practices following the hazardous waste management hierarchy: reduction in hazardous waste generation, recycling,treatment,and land disposal only of residuals from recycling and treatment. Another significant policy directive,the federal Superfund Amendments and Reauthorization Act (SARA) of 1986, requires each state to provide EPA by October 1989 with assurance that adequate hazardous waste treatment or disposal facilities will be available for handling the state's waste stream. This can be accomplished either within or outside the state in accordance with an interstate or reaonal agreement, to provide adequate capacity for the destruction, treatment, or secure disposition of all hazardous wastes that are reasonably expected to be generated during the next 20 years. If this assurance cannot be provided,EPA could withhold Superfund monies from the state to provide for cleanup of known and yet to be identified hazardous waste sites. Inherent in satisfying these state and federal laws,and the approximately 150 other pieces of related legislation that have been passed over the last 3 years, is the need to establish a comprehensive planning process to address hazardous waste management in a rational way. This need has been recognized in AB 2948 (Tanner, 1986), which established an opportunity for each county in California to develop and implement a County Hazardous Waste Management Plan. In adopting the Tanner Bill,the Legislature saw the need for reducing hazardous waste generation as well as siting environmentally appropriate alternatives to land disposal of untreated wastes: Safe and responsible management of hazardous wastes is one of the most important environmental problems facing the state at the present time.This management is critical to the protection of the public health and the environment and also to the economic growth of the state. If environmentally sound hazardous waste facilities are not available to effectively manage the hazardous wastes produced by the many industries of the state,the state's economic activity will be hampered and cannot prosper, public health and the environment will be threatened by the increased illegal disposal,and the use of outmoded disposal practices will continue....3 A solution to the safe and responsible management of hazardous wastes also requires improved programs of waste source reduction and recycling, and encouraging onsite treatment of hazardous wastes, as preferable to the siting of new land disposal facilities. The goal of this act,which recognizes the long-term health,environmental, and economic risks of hazardous waste land disposal, is to prevent hazardous waste from being permanently disposed into land, or emitted into the air, without being processed by an economically and technically feasible alternative technology. Attaining this goal will 3Sec.1(a)(2),Health and Safety Code � G"..._J..._ 2-3 require the development of feasible programs which should result in the reduction of the volume and hazard of hazardous wastes at their source,and the development of expanded recycling programs for hazardous waste. This goal also requires that,as an alternative to traditional land disposal methods, residuals repositories be utilized for the byproducts of preferred hazardous waste treatment technologies. Because of the threat to public health and safety posed by the traditional land disposal of hazardous wastes, it is necessary that these methods of dealing with hazardous wastes come quickly into place.4 The Legislature,therefore,declares that it is in the public interest to establish an effective process for hazardous waste management planning at the local level. This process is consistent with the responsibility of local governments to assure that adequate treatment and disposal capacity is available to manage the hazardous wastes generated within their jurisdictions.' C. EXISTING COUNTY GOALS AND POLICIES Policies in the Alameda County Solid Waste Management Plan provide important starting points for the comprehensive approaches to hazardous waste management planning. COUNTY SOLID WASTE MANAGEMENT PLANNING Before AB 2948 was passed,county hazardous waste management planning was authorized under state statutes mandating every county to prepare a County Solid Waste Management Plan with triennial updates. The portion of the Solid Waste Management Plan dealing with hazardous waste disposal was required to be reviewed by DHS for conformity with state hazardous waste standards. DHS recommended that the discussion of hazardous wastes be prepared as a separate element of the County Solid Waste Management Plans. The 1987 Alameda County Solid Waste Management Plan contains a separate Hazardous Waste Element, prepared after the passage of AB 2948 but before the development of the DHS Guidelines for the preparation of County Hazardous Waste Management Plans. This element represents"an interim approach to management of hazardous waste in Alameda County that will be followed by a detailed County Hazardous Waste Management Plan." This Hazardous Waste Management Plan will supersede the information and programs contained in the Alameda County Solid Waste Management Plan. • Section 1(a)(4),Health and Safety Code 55ection 25135(b),Health and Safety Code u() y\ 2-4 D. OVERALL GOALS AND POLICIES FOR HAZARDOUS WASTE MANAGEMENT Goals,policies,objectives,and activities all have specific meaning in this plan: • Goals, as broad statements of fundamental values,serve to orient policy discussion and guide decisionmaking. They reflect consensus on basic social, political, and economic aims. • Policies characterize the directions taken regarding major issues: steps designed to achieve the goals. They reflect decisions made after consideration of specific alternative positions and are the basis for directing development and implementation of the Alameda County Hazardous Waste Management Plan. • Objectives—specific statements of desired achievements over time--are measurable. Progress toward reaching them can be assessed at specific points during implementation of the Alameda County Plan. They are the key milestones between 1988 and 2000 in carrying out the policies to reach the goals. • Activities are those steps needed to achieve the objectives in a timely fashion. They describe the responsibilities,timing,and resources to achieve objectives. Basic goals and policies for hazardous waste management in Alameda County are discussed in this chapter;specific objectives and the activities that comprise the implementation effort,including the various new and revised programs to be developed for action in Alameda County,are discussed in Section IV(implementation). These goals and policies are based on extensive discussion by the Waste Management Authority's Hazardous Waste Committee elected officials, Hazardous Waste Management Advisory Committee,city managers,industry, and the general public regarding those major issues affecting Alameda County's Hazardous Waste Management Plan. The primary goals of Alameda County's Hazardous Waste Management Plan are to protect the public health,welfare and safety,and the environment,and to preserve and enhance the economic vitality of the county by providing an overall framework for responsibly managing hazardous wastes over the next decade or longer. Another goal is to assist industry and government in meeting state and federal requirements to eliminate land disposal of untreated hazardous wastes by 1990 with a minimum of economic disruption or improper(or illegal)waste storage,management, or disposal. All areas of California share responsibility for meeting these goals on an equitable basis. In accord with the provisions of state law (AB 2948; Tanner, 1986), new hazardous waste management facilities and significant expansions of existing facilities must all be consistent with the l'. %, goals, objectives, policies, and siting criteria contained in each county's Hazardous Waste Management Plan and must meet the demonstrated hazardous waste management needs of each county. The Waste Management Authority's Hazardous Waste Committee will continue to make policy recommendations to the Authority. E. ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT POLICIES POLICY 1: LAND DISPOSAL ALAMEDA COUNTY SHOULD AGGRESSIVELY PURSUE THE PHASEOUT OF LAND DISPOSAL OF HAZARDOUS WASTE GENERATED BY INDUSTRY IN THE COUNTY Policy 1A. Alameda County,its cities, special districts,and the Waste Management Authority will promote the responsible management of hazardous materials and wastes by providing a sound basis for planning and siting those new facilities that offer alternatives to continued reliance on disposal of hazardous wastes in the air,water,or land. Policy 1B. Alameda County,its cities,special districts,and the Waste Management Authority will continue to encourage economic development in Alameda County. Under this plan, these agencies will require the responsible management of hazardous wastes and the cooperation and compliance of all firms,existing and new,with restrictions on land disposal of hazardous wastes. POLICY 2: HAZARDOUS WASTE MANAGEMENT:IIERARCHY ALAMEDA COUNTY SHOULD OVER TIME LIMIT THE OVERALL GENERATION OF HAZARDOUS WASTES Policy 2A. Alameda County,its cities,special districts,and the Waste Management Authority will assist local, regional, and state authorities in establishing, maintaining, and monitoring standards necessary to protect public health,safety and welfare,and the environment in managing hazardous materials and wastes. It is essential that government at all levels ensure that any activities involving hazardous materials and wastes comply with appropriate regulatory standards. Policy 2B. In this plan, Alameda County, its cities, special districts, and the Waste Management Authority shall all require all hazardous waste generators,including large generators, small quantity generators,local governments and special districts,as well as households—to adopt and implement the hierarchy of hazardous waste management strategies to the,maximum extent feasible both economically and practically. Whenever possible, hazardous waste management decisions should give preference to those practices that are higher on the hierarchy: rr,, F^�GF4 ..�'" _ 1. Source reduction including toxics use reduction 2. Reuse and recycling onsite 3. Reuse and recycling offsite 4. Treatment onsite 5. Treatment offsite 6. Incineration except as otherwise prohibited 7. Secure disposal of residuals from recycling,treatment,and incineration This fundamental hierarchy emphasizes the importance of preventing (rather than managing or controlling) pollution—whether of air, water, or land--by giving highest priority to reducing hazardous waste generation at the source. This can be accomplished in a variety of ways,including substituting the use of less-hazardous materials in manufacturing and consumption, process modifications,and housekeeping measures. • Once source reduction has been pursued to the extent practical,second priority should be given to recycling and reuse of wastes. All remaining wastes would then be treated either onsite or offsite. If appropriate,recycling and treatment residuals would then be incinerated, along with incinerable wastes. Where hazardous waste is amenable to forms of treatment other than incineration,these other forms of treatment should be given preference over incineration. The ash from incineration, plus other inorganic treatment residuals,would then be placed in special land disposal units made secure from liquids that might create leachate and contaminate groundwater. Hazardous waste incineration should be considered the treatment technology of last choice. Those wastes defined as incinerable wastes should be targeted as the highest priority in source reduction and waste minimization efforts. Measures implementing source reduction and minimization of incinerable wastes should be established in all jurisdictions and should be allowed sufficient time to show results before incinerator proposals are considered. Policy 2C. Alameda County,its cities,special districts,and the Waste Management Authority will require through regulation that firms adopt and follow this hazardous waste management hierarchy to the maximum extent feasible both economically and practically. Alameda County shall devise and implement a special comprehensive new program to eliminate barriers and encourage and assist source reduction and waste minimization actions by private firms and•government agencies. PACE CI3 OF. POLICY 3: HAZARDOUS MATERIALS USE REDUCTION HAZARDOUS MATERIALS USE REDUCTION SHOULD REPRESENT A TOP PRIORITY IN ALAMEDA COUNTY'S PLAN AND PURSUIT OF THE HIERARCHY Policy 3A. Hazardous materials use reduction is a top priority of the Plan. The county, its cities, the special districts, and the Waste Management Authority will promote an aggressive hazardous materials use reduction effort for all existing industry, and will encourage existing industry to conduct hazardous materials use reduction audits and develop plans for toxic use reduction. These agencies of government should work cooperatively with industries,assisting and supporting them in efforts to use fewer toxic materials in manufacturing processes whenever feasible. Reduction in materials use is the most effective method of reducing waste from the standpoint of cost to industry(manufacturing and disposal)and cost to government(less regulation and reduced need for treatment and disposal facilities). Policy 3B. Firms wishing to locate in Alameda County (or to expand existing facilities significantly)shall demonstrate commitment to the policy of hazardous materials use reduction as a condition for receiving land use approvals and business permits. Industries may be required to supplement initial designs with mandatory plans to further reduce the amount and toxicity of hazardous materials required for manufacturing processes. Progress toward accomplishing this objective should be assessed as part of the permit renewal process. POLICY 4: SOURCE REDUCTION AND WASTE MINIMIZATION SOURCE REDUCTION AND WASTE MINIMIZATION ARE A TOP PRIORITY IN ALAMEDA COUNTY'S HAZARDOUS WASTE MANAGEMENT PLAN Policy 4A. Source reduction and waste minimization are a top priority of the plan. The county, its cities, the special districts, and the Waste Management Authority will promote an aggressive effort for all existing industry. Special new efforts will be devised and implemented to ensure maximum pursuit of source reduction and waste minimization at these existing facilities. Government agencies should encourage innovative private-sector waste reduction activities and should act to remove barriers to wider source reduction and recycling through creation and implementation of a waste reduction program designed in concert with both large and small generators in Alameda County. The Waste Management Authority will develop a model source reduction program as its highest-priority task in implementing this plan. Where barriers exist that are beyond the direct control of local governments and districts to resolve,.local agencies will advise appropriate state or federal authorities with recommendations for removing the barriers to accelerate source reduction. Policy 4B. Implementing an aggressive waste reduction program will require local governments to work closely and cooperatively with industry and draw upon its expertise. The policy of Alameda County,its cities, special districts,and the Waste Management Authority is to work collaboratively in a spirit of public-private partnership with local firms,existing new, )\ i 2-s pursuing waste reduction and implementing the hazardous waste management hierarchy. Waste reduction can be rapidly implemented by each firm to the maximum extent economically feasible. POLICY 5:ONSITE TREATMENT THE PLAN SHOULD ENCOURAGE ONSITE TREATMENT IN PREFERENCE TO OFFSITE TREATMENT OF HAZARDOUS WASTES FROM ALAMEDA COUNTY GENERATORS Policy 5. Alameda County, its cities, the special districts, and the Waste Management Authority encourage firms whenever practical to employ onsite management in preference to offsite management of hazardous wastes. Firms should incorporate onsite management as part of overall manufacturing processes in order to reduce transportation risks to the community. Special attention should be given to the needs of small business generators for whom some types of hazardous waste management may not be practical onsite. While regulatory measures to give priority to onsite hazardous waste management may be needed,rigorous enforcement of standards necessary to protect the public health, safety, and welfare or the environment should be undertaken. POLICY 6: CENTRALIZED VS.DISPERSED FACILITIES OFFSITE HAZARDOUS WASTE MANAGEMENT RECYCLING AND TREATMENT ACTIVITIES SHOULD BE CENTRALIZED IN A RELATIVELY SMALL NUMBER OF LARGE FACILITIES Policy 6. Alameda County, its cities, the special districts, and the Waste Management Authority strongly encourage locating offsite hazardous waste management facilities as closely as possible to the sources of hazardous waste generation,taking into consideration the siting of such facilities within the jurisdiction where the predominant amount of waste to be processed by the facility is generated. Within the practical limits reasonably imposed by economies of scale,market service areas,and environmental suitability(including consistency with the siting criteria contained in this plan), hazardous waste management facilities should be dispersed as close as possible to clusters of hazardous waste generation sources. This is consistent with implementation of the hazardous waste management hierarchy,and with Alameda County's intention to distribute facility sung decisions fairly at the County's jurisdictions according to their basic shares of local hazardous waste generation. POLICY 7: TRANSFER STATIONS DEVELOPMENT OF NEW HAZARDOUS WASTE TRANSFER STATIONS AT APPROPRIATE (DISPERSED) LOCATIONS IN ALAMEDA COUNTY SHOULD BE ENCOURAGED Policy 7. Alameda County, its cities, the special districts, and the Waste Management Authority recognize the important role played by hazardous waste transfer stations dispel U5 among clusters of generators, taking into consideration the siting of such facilities within the jurisdiction where the predominant amount of waste to be processed by the facility is generated. Easily-accessible transfer facilities will be encouraged as a key to the county's ability to address the ha7ardous waste management needs of its smaller generators and households. This is an essential element in implementation of Alameda County's small quantity generator and household hazardous waste programs. POLICY 8:SMALL GENERATORS Al 1ENTION SHOULD BE DIRECTED TO SMALL BUSINESSES THAT GENERATE SMALL QUANTITIES OF HAZARDOUS WASTES Policy 8A. The highest priority for immediate attention in this hazardous waste management plan is to meet the needs of the larger industrial firms that generate the greatest volumes of hazardous waste. These generators will be expected to comply first with the provisions of Policies 2B and 2C regarding the hazardous waste hierarchy. Small firms and small generators of hazardous wastes have special needs and pose enormous potential risks from possible illegal disposal of these waste. Special attention from local governments should be directed to small generators. Alameda County,its cities,the Waste Management Authority,and the special districts address the special hazardous waste management programs of small business/small quantity generators by first identifying such a generator and then by identifying and reducing barriers to improved practices,especially waste reduction. The Plan encourages waste management firms to provide regulatory and technical information, affordable waste audits, and pickup and recycling services specifically tailored to small businesses. Special programs to provide financial assistance (e.g.,loans or loan guarantees)to allow smaller firms to pursue the hazardous waste hierarchy are also needed on a high-priority basis. Policy 8B. Programs to assist small business hazardous waste generators in Alameda County should be designed to be self-sustaining by providing their own revenue source(s)(e.g., through fees or the like). However,such a funding basis should be designed not to impose such a burden on the program's target groups that it discourages their participation and responsible hazardous waste management. The availability of state grants, loans, and loan guarantees and of creative private-sector financing mechanisms all deserve careful exploration. POLICY 9: HOUSEHOLD HAZARDOUS WASTES A PROGRAM FOR HOUSEHOLD HAZARDOUS WASTES SHOULD BE DEVELOPED Policy 9. An effective ongoing program should be developed to help educate households in Alameda County regarding household hazardous materials and wastes and the potential effects when these wastes are discarded into landfills. The program must provide for effectively collecting household hazardous wastes. Funding for household hazardous waste programs should be sought from the state. Alternatively, a modest surcharge could be added to existing fees for garbage collection and disposal under the provisions of AB 1809 (Tanner, 1986). Provisions should 2-10 eventually be made to treat household hazardous wastes rather than disposing of them in hazardous waste landfills. POLICY 10: PUBLIC PARTICIPATION PUBLIC PARTICIPATION IN HAZARDOUS WASTE MANAGEMENT PLANNING AND SPECIFIC FACILITY SITING IN ALAMEDA COUNTY SHOULD BE ENCOURAGED Policy 10. Active public involvement,on the part of both citizens and industry,in developing and implementing the Alameda County Hazardous Waste Management Plan is essential. It forms the basis for a responsible program to protect public health, safety and welfare, and the environment in order to move away from reliance on land disposal. The economic vitality of Alameda County can best be maintained through the cooperative involvement of local industry in developing and implementing the plan. All sectors of the public,including large and small industry and civic and environmental organizations,are encouraged to participate in plan development and implementation. Alameda County, its cities, special districts, and the Waste Management Authority must all encourage active public involvement in the hazardous waste planning and siting process. POLICY 11: PUBLIC EDUCATION AN ONGOING PUBLIC EDUCATION PROGRAM ON HAZARDOUS MATERIALS AND HAZARDOUS WASTES SHOULD BE INSTITUTED IN ALAMEDA COUNTY Policy 11. Alameda County,its cities,special districts,and the Waste Management Authority will promote widespread ongoing education of citizens on hazardous materials and waste management issues. Citizens have a right to know how these materials and wastes are managed and ways in which people can contribute to improving that management and the protection of their health,safety,and economic well-being. Local agencies will also make special efforts to include industry—especially smaller businesses--as a target of educational and outreach efforts,and a vehicle for citizens'education. Adequate funding will be sought to sustain a long-term public education effort. The public participation effort undertaken as part of the development and implementation process represents a major component of this education. The purpose of a strong public participation/education program is to educate the public over the long-term to improve the level of general understanding about hazardous waste management issues;to inform the public about the planning and siting process;to involve the public in the process;and to incorporate the public's concerns and issues into the Plan process. POLICY 12: REGIONAL AND STATEWIDE RESPONSIBILITIES THE PLAN SHOULD IDENTIFY AND ADDRESS ALAMEDA COUNTYS RE- SPONSIBILITIES TO OTHER COUNTIES IN CALIFORNIA TO HELP MEET OVERALL REGIONAL AND STATEWIDE HAZARDOUS WASTE MANAGEMENT NEEDS Policy 12A. Alameda County,its cities,special districts,and the Waste Management Authority recognize their responsibility to join in with other governments in the region and the state in planning for the effective management of all the hazardous wastes generated in the region and the state in accord with the hazardous waste management hierarchy set forth in Policy 2B. Legal constraints such as the Interstate Commerce Clause in the U.S. Constitution limit local governments'ability to restrict use of privately-owned hazardous waste management facilities to those generators located within their own jurisdictions. Therefore, sound hazardous waste management planning, waste reduction efforts, and appropriate facility siting are the mutual responsibility of all governments. Alameda County,its cities,the special districts,and the Waste Management Authority encourage multi-county and regional efforts to plan and implement alternatives to land disposal of hazardous wastes and to limit the risks posed by large-scale transportation of hazardous wastes around the state.Local agencies will participate in and support efforts designed to allocate and develop facilities among all jurisdictions according to interjurisdictional agreements,each facility's environmental suitability, and each facility's economic viability. Policy 12B. Alameda County, its cities, the special districts, and the Waste Management Authority encourage developing new hazardous waste management facilities adequate by type and capacity to meet all of the expected or potential needs of hazardous waste generators located within Alameda County, including sufficient redundancy to ensure flexibility in responding to unanticipated future events. Policy 12C. Alameda County,its cities,special districts,and the Waste Management Authority agree to consider as part of an intercounty compromise set forth in a formal intercounty agreement to host an environmentally appropriate, economically viable hazardous waste management facility (or facilities)within its own borders and designed to serve the needs of hazardous waste generators in other counties as well as generators within Alameda County. Facilities that are built in accord with intercounty agreements will receive local land use approval in accord with existing legislation. Policy 12D. Local jurisdiction will assure that private firms located in Alameda County and using out-of-county hazardous waste management facilities follow all appropriate federal and state procedures;that they pursue aggressive source reduction;that such facilities.receive all necessary mitigation measures to protect the environment and public health in their vicinity; and that host counties are adequately compensated as provided under state law. Alameda County and the Waste Management Authority similarly seek reciprocal agreements with other counties to provide mitigation and compensation for hosting a facility intended to serve generators from outside Alameda County. Policy 12E. Alameda County,its cities,special districts,and the Waste Management Authority will consider the feasibility and desirability of developing innovative new fee and rebate mechanisms designed to provide specific fiscal incentives for local hazardous waste generators to follow the hazardous waste management hierarchy and to make maximum use of those hazardous waste management facilities located within Alameda County (or to use those out-of-county facilities covered in a formal intercounty agreement). POLICY 13: ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY MAY CONSIDER DEVELOPING CERTAIN PUBLIC HAZARDOUS WASTE MANAGE- MENT FACILITIES Policy 13. If necessary, the Alameda County Waste Management Authority, in cooperation with local jurisdictions, will explore the possibility of developing facilities needed to serve generators in the county that may not otherwise be developed appropriately by private developers. Joint public-private combinations might be explored as well. POLICY 14: HAZARDOUS WASTE MANAGEMENT PLANNING AND SITING PRINCIPLE The County and its cities will act to provide for the safe,effective management of hazardous waste generated within the county. New offsite hazardous waste management facilities shall be primarily limited to a scale necessary to meet the hazardous waste management needs of this county: larger facilities may be permitted in accordance with agreements reached between this county and other • jurisdictions or upon determination of the local governing body that the project meets local planning criteria and serves public needs. The"fair share principle," as defined below,will guide the County's efforts to provide for the management of hazardous wastes generated within the county. The County and its cities recognize their collective responsibility to cooperate with other governments in the region and the state in planning for the effective management of hazardous wastes generated in the region and the state in accordance with the hazardous waste management hierarchy. Sound hazardous waste management planning,waste reduction efforts,and appropriate facility siting are the mutual responsibility of all governments. To this end,the County and its cities encourage multicounty and regional efforts to plan and implement alternatives to land disposal of ur.:reated wastes and to limit the risks posed by transportation of hazardous wastes around the state. Agreements for new facilities to provide the offsite capacity needed for hazardous waste treatment and residuals disposal should be reached among jurisdictions according to their fair share of the hazardous waste stream, each jurisdiction's environmental suitability for different types of facilities,their economic interests,and economic viability of different types and sizes of facilities. Any privately-owned facility located in this county shall be available to serve generators from inside and outside the County. "Fair share" denotes that each county is responsible for the disposition of its own waste;that is, responsible for its share of waste management. A county cannot be required to accept a facility with a capacity that significantly exceeds the county's own needs, except as pkovidecl,by an interjurisdictional agreement. It is recognized that the waste streams in each county will probably not support an economically efficient hazardous waste facility of each type needed to handle a county's waste. Therefore,counties are encouraged to enter into interjurisdictional agreements to balance economic efficiency in the size of facilities and to responsibly handle their fair share of the wastes generated. If the county has approved the siting of a facility or facilities that have a capacity equal to or in excess of the county's total hazardous waste management needs,the county will have achieved its fair share of hazardous waste management facilities siting and cannot be forced to accept the siting of additional facilities except as provided by inteijurisdictional agreement. The county recognizes that if it does not fulfill its obligations under Implementation Objectives 1-3 below, county policy with regard to the siting of facilities, will be to permit siting of environmentally appropriate facilities,otherwise consistent with the Plan,without regard to the fair share principle. The Fair Share language does not become operative until interjurisdictional agreements are in place. SITING CRITERIA Any proposed specified hazardous waste management facility shall be consistent with the goals and policies of this Plan. In particular, any proposed facility shall be consistent with the fair share principle and with any interjurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for this decision,along with regional commitments. Specifically, facilities are to be designed and sized primarily to meet the hazardous waste management needs of this county,or to meet the county's broader commitments under an interjurisdictional agreement or upon determination of the local governing body that the project meets local planning criteria and serves public needs. IMPLEMENTATION OBJECTIVES (1) Siting Consistency: The county, and each city, shall require that all local land use decisions on siting specified hazardous waste management facilities are consistent with the goals and policies and the siting criteria contained in the Plan. Specifically,the county will approve the siting of an environmentally appropriate facility that is consistent with the policies of this plan and disapprove the siting of a facility that is inconsistent with plan policies or is environmentally inappropriate. (2) County Actions: The county will actively seek to meet its unmet hazardous waste management capacity needs through any combination of the following: waste reduction, facility siting,and interjurisdictional agreements. Proposals for hazardous waste management facilities will receive the full attention of the county planning staff and governing body. The county will continue to actively seek to meet its hazardous waste management capacity needs until such time as the county has met those needs through any combination of waste reduction, facility siting, or inteijurisdictional agreements. '\ \ 2-14 (3) Focus of Interjurisdictional Agreement Negotiations: The county shall enter into negotiations with other jurisdictions for the purpose of negotiating one or more interjurisdictional agreements for the siting of hazardous waste management facilities adequate and necessary to meet the needs of the signatory jurisdictions. Such agreements shall follow the principle of fair share and may take into account both the volumes and degree of ho7ard for the wastes generated that require offsite management within each participating jurisdiction and the degree of waste reduction effort made by each participating jurisdiction. If the siting of a particular type of hazardous waste management facility needed in this county is not environmentally appropriate or economically viable,the county shall reach an agreement with one or more other jurisdictions to facilitate the siting of a larger, environmentally appropriate and economically viable facility(or facilities)to be located elsewhere. This county and its cities,in turn, agree to actively consider and,if appropriate,to commit as part of an interjurisdictional agreement to approve the siting of an environmentally appropriate facility(or facilities)within its own borders designed and sized to serve the hazardous waste management needs of other jurisdictions as well as of this county. Char 5( .\ Chapter 9 . MEETING CAPACITY NEEDS A. INTRODUCTION Health and Safety Code Section 25135.1 (d)(6)states that instead of identifying specific facilities and sites,the County Hazardous Waste Management Plan(Plan)may include siting criteria to be used in selecting sites for new hazardous waste management facilities. In that case the Plan must also"designate general areas where the criteria might be applicable." These general areas are to be shown on maps in the Plan. The purpose of this Chapter is to describe the siting criteria and designate general areas where the criteria might be applicable, to the extent possible. However, because of the small scale of the maps(1"=3 miles)and the fact that some of the criteria are not mappable, the maps cannot be used to select a specific site for a facility. Before considering any specific site for a facility,whether in a designated area or not, each developer should consult the local jurisdiction for site specific data. It is important to note that any proposed facility will be subject not only to the criteria included in this plan,but also to the permitting process of the local jurisdiction in which the facility is proposed. Local permitting processes may be more stringent than the County criteria and are likely to require compliance with the California Environmental Quality Act and preparation of a risk assessment. B. SITING(``�2ITERIA The siting criteria are intended to apply to siting decisions in unincorporated areas of the county as well as in incorporated cities.They are to be used whenever a land use decision is required to site and construct a new offsite multi-user hazardous waste management facility, significantly expand or modify an existing hazardous waste management facility,or expand or modify an existing onite hazardous waste management facility to become an offsite facility for other generators. Siting criteria have been developed to identify potentially environmentally appropriate locations for ha7nrdous waste management facilities. These criteria will help facility developers conduct a preliminary screening of sites and understand the major issues of concern to the community. The criteria developed for Alameda County include major requirements of federal and state laws and regulations and of local planning documents. This should assist developers in finding locations that are consistent with current legal and policy requirements. 0_1 I J • Two categories of siting criteria have been developed for use in this Plan. They are as follows: 1. Conditional: Designated facilities may be located in areas that meet these criteria, if an engineered solution can be found to mitigate potential incompatibilities between the facility and surrounding land uses and/or potential impacts of the facility on its environment. Other conditions could include funding an investigation, designing special mitigation features, conducting a risk assessment to identify appropriate buffer zones,etc. 2. Exclusionary: Designated facilities cannot be located in areas described in these criteria due to incompatibility between the facility and the surrounding land area, based on environmental,public service/health,or land use constraints. The criteria have been defined for three categories of facilities which have a potential to be sited in Alameda County. The three types of facilities are as follows: 1. Small-scale transfer and storage facilities: Facilities with wastestreams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20,Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five gallons or a total weight of 50 pounds. Household hazardous waste collection facilities may be considered small scale at the option of each individual jurisdiction. 2. Industrial transfer/storage/treatment facilities: Any hazardous waste management facility which is not a small-scale transfer and storage facility or a residuals repository. This facility category includes but is not limited to: a. Manifested waste transfer station b. Recycling facility c. Aqueous treatment facility d. Stabilization and solidification facility e. Bioremediation 3. Residuals Repositories: A hazardous waste disposal facility for collection of residual wastes, defined as the residues from hazardous waste treatment facilities after treatment, and other irreducible stabilized or detoxified hazardous wastes. Table 9-1 presents the criteria for each of the three categories of facilities described above. FAOEa: 6U 9-2 Table 9-1 Alameda County General Siting Criteria Page 1 of 5 D11S Definition Small-Scale Transfer and Storage Facility Industrial Transfer/Stnroge/1'reatmenl Facility Residuals Repositories - A.Seismic Exclusionary Exclusionary Exclusionary No facilities shall be placed within 200 feel of an active or recently active fault.CCR Title 22,Section 66391(a)(I1 I)A(1)and(2). 11.Floodplalns Conditional Conditional Exclusionary 100-yr.flondplains and areas subject In flooding by dam or levee May be built in areas subject to 100-year flooding if protected by engineered solutions designed to May Y n b0 od'me located in areas ven easwit subject on failure and tsunamis,seiches,and coastal flooding preclude failure,such as banns,raising above flood levels.etc. 100-CFR Title 40.Section 264.18(b);and CCR 22,Section 66391(a)(I I)(b)). C.Wetlands Exclusionary I Exclusionary Exclusionary Saltwater,freshwater,and brackish marshes,swamps and bogs No facilities shall be located in wetlands. inundated by surface or groundwater with a frequency to support, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction,as defined in adopted regional or state policies. D.Ilabilol of Endangered Species Exclusionary I Exclusionary I Exclusionary Plant and animal rare,endangered,and critical habitat areas. No facilities shall be located within critical habitats of endangered species,defined as areas known to be inhabited permanently or seasonally or known to be critical at any stage in the life cycle of any species of wildlife or vegetation identified or being considered for identification as "endangered"or"threatened"by the U.S.Department of the Interior or the State of California. E.Unstable Soils Conditional I Conditional Exclusionary Steep slopes and areas subject to liquefaction and subsidence due Facilities located in these areas should have engineered design features(i.e.,containment May yenot belocated slopeor inater asnr itgrn areas to natural causes. structures)to assure structural stability. 25subject to liquefaction or subsidence. F.Major Aquifer Recharge Areas Conditional I Conditional Exclusionary Areas known or suspected to be supplying principal recharge to a If located in these areas,facilities should provide properly designed,constructed,and maintained Should be prohibited in major aquifer regional aquifer,as defined in adopted general,regional,or state environmental ngtalill pm cecontainment features,els o prevent ipction,and fromonitoringty measures and other recharge areas. plans. Note: The purpose of these criteria is to designate general areas only.Any proposed facility meeting these general criteria will be required to comply with the California Environmental Quality Act;any applicable requirements of federal,state,regional and local agencies;and the permitting processes and policies of the local jurisdiction. I � 0 T // Table 9-I Alameda County General Siting Criteria Page 2 of 5 DIIS Definition Small-Scale Transfer and Storage Facility Industrial Transfer/Storage/Treatment Facility Residuals Repositories C.Distances From Residences• Conditional Conditional Exclusionary Residences Proximity to residential areas is desirable to Treatment,storage.or transfer facilities handling No residuals repository shall he located encourage facility use. ignitable,explosive,reactive,or acutely hazardous such that the active portion of the facility wastes mass provide a minimum buffer zone of at is within 2,0(5)feet of a permanent least 2,000 feet between the nearest residence and residence(including residences located in the facility,unless the developer can demonstrate industrial zones or areas designated by risk assessment and as part of the local industrial in the applicable general plan permitting process that a smaller buffer zone and legal live/work uses)or any area provides adequate protection for the public in the designated for use in the applicable event of an accident. For other facilities,including general plan,(unless developer can recycling,transfer,or storage of other types of demonstrate by risk assessment and as hazardous wastes,a buffer zone of at least 500 feet part of the local permitting process that a is requited between the operational area within the smaller buffer zone provides adequate facility and the nearest residence(again,unless the protection for the public in the event of developer can demonstrate try risk assessment and an accident). as part of the local permitting process that a smaller buffer zone provides adequate protection for the public in the event of an accident). II.Distance From Immobile Populallonse Conditional Conditional Conditional Schools,hospitals,convalescent homes,prisons,facilities for the Proximity to residential areas is desirable to Larger buffer zones are required between a transfer Larger buffer zones are required between mentally ill,day care centers,homeless shelters.etc. encourage facility use, station,storage,or treatment facility,and any a residuals repository and any immobile immobile populations where evacuation in the populations because evacuation in the event of an accident al the facility is likely to be event of an accident at the facility is difficult or inadvisable.This is especially true for likely to be difficult or inadvisable.This facilities handling ignitable,explosive,or reactive is especially true for repository facilities wastes. A minimum buffer zone of 5,000 feet handling ignitable,explosive,reactive,or between a facility and any immobile population is acutely toxic wastes. A minimum buffer therefore required,unless the developer can zone of 5,000 feet between a facility and demonstrate by risk assessment and as part of the any immobile population is therefore local permitting process that a smaller buffer zone required unless the developer can provides adequate protection for the immobile demonstrate by risk assessment nod as population. part of the local permitting process that a smaller buffer zone provides adequate protection to the immobile population. Note:The purpose of these criteria is to designate general areas only. Any proposed facility meeting these general criteria will he required to comply with the California Environmental Quality Act;any Note: requirements of federal,state,regional and local agencies;and the permitting processes and policies of the local jurisdiction. •These criteria are nut mappable due to lack of information and the scale of maps to be appropriate produced for the Plan. Table 9-1 Alameda County General Siting Criteria _ Page 3 of 5 IIIIS Definition Small-Scale Transfer and Storage Facility Industrial Transfer/Stnrageffreatruent Facility Residuals Repositories I. Proximity to Major Transportation Routes Conditional Conditional Conditional Should be located so as to minimize distances to major transportation routes which are designed to Should have good access to major accommodate heavy vehicles. transportation routes,but may have to be more distant from waste generation sites than other types because of their need for larger land areas. All Facilities: Road networks leading Io major transportation routes should not pass through residential neighborhoods,should minimize residential frontages in other areas,and should be demonstrated to be safe with regard to road design and construction,accident rates,excessive traffic etc. J.Permeable Slrate and Soils Conditional [Conditional Conditional Permeability requirements arc defined in CCR Title 23,Chapter Facilities should avoid locating on highly permeable soils or sediment. Facilities located in areas Facilities must conform to requirements 15 where surlicial soils are principally permeable materials such as sand and gravel should provide for of SWRCB. spill containment and monitoring measures. K.Nonottainntenl Air Areas Conditional Conditional Conditional Areas not in compliance with national air quality standards for one All facilities must comply with requirements of the Bay Area Air Quality Management District. or more measured air pollutants. L.PSU Air Areas Conditional Conditional Conditional Prevention of significant deterioration areas are those in All facilities must comply with permitting requirements of the Bay Area Air Quality Management District. compliance with national air quality standards. M.Prime Agricultural Lands Conditional Conditional Conditional Areas designated as prime agricultural lands in the applicable Prime agricultural lands under California law may not be used for urban purposes unless an overriding public need is demonstrated by the general,regional,or slate plan. applicant. When siting hazardous waste management facilities in these areas,overriding public service needs must be demonstrated by the applicant. N.Depth la Groundwater Conditional [Conditional Conditional Facilities may be located in high groundwater areas if the engineered design of the containment Facilities must conform to requirements structure is capable of withstanding failure because of geologic or soil failures which may arise. of SWRCB. Note:The purpose of these criteria is to designate general areas only. Any proposed facility meeting these general criteria will he required to comply with the California Environmental Quality Act;any applicable requirements of federal,state,regional and local agencies;and the permitting processes and policies of the local jurisdiction. � J X Table 9.1 Alameda County General Siting Criteria . Page 4 or 5 ! UIIS Definition Small-Scale Transfer and Storage Facility ladustrlal'i'ransfrr/Stomgeffreahuenl Facility Residuals Repositories O.Proximity to Public Services Conditional Conditional Conditional •Public utilities(sewer,water etc.),and emergency services, For transfer or storage facilities,self-sufficient services stay he appropriate,where these facilities For residuals repositories,self-sufficient including fire,police,medical,and hazardous materials response are necessary to serve remote rural areas. In urban areas,public services should he available. For services may be necessary personnel/facilities/equipment.Other public facilities such as other facilities,public water and sewer services and emergency services should be readily available. (i e.,it ntercecn;y fire,wastewater I corporation yards,roads,large open spaces on military •reservations,and state school lands in remote areas. Potential adverse impacts which could occur because of proximity to public facilities shall be detemtined as a part of the risk assessment conducted in the permitting process.This should consider the physical and chemical characteristics of the wastes that will be handled and the design features of the facility. Proximity to other public facilities such as corporation yards,utilities,roads,large open spaces on military reservation,and state school lands in remote areas may he acceptable. P. Proximity to Waste Generation Stream Conditional Conditional Conditional Transportation of hazardous waste should be minimized to Collection centers should be close to TSlWs should he located close to waste generation Repositories may be located more distant decrease risk of accidental spills. residential zoned and unroll quantity generator sources to minimize the risks of transportation. from waste generation sources than other areas to encourage their use. facilities because of the need for large land areas. Q.Appropriate Zoning Conditional Conditional Conditional Specified by the appropriate jurisdiction. All jurisdictions should Commercial and industrial zones near TSOFs are basically industrial facilities. However, Because repositories usually require large have some type of zoning which will allow siting of different residential areas arc appropriate. the siting of hazardous waste management land areas,it may not he practical or • types of hazardous waste management facilities. facilities is not required to be limited to Mese economical to site them in developed zones if special zones are created. commercial or industrial areas.Specially zoned areas or rezoning of other areas may be appropriate.The intent is to locate Residuals Repositories in more remote open areas. R.Recreational,Cultural or Aesthetic Areas Conditional Exclusionary Exclusionary Ilistoric preservation,Indian reservations,and other cultural and Low-volume transfer and storage facilities Other facilities should not be allowed in these areas. scenic areas,an defined in locally adopted general plans. may be allowed in these areas if necessary to handle hazardous wastes generated by visitors, workers,or residents in these areas.Other recreational,cultural,aesthetic areas, 1 including all local City parks and recreation areas,are located throughout the County at I specific sites too small to map. 'Note: The purpose of these criteria is to designate general areas only. Any proposed facility meeting these general criteria will be required to comply with the California Environmental Quality Act;any applicable requirements of federal,state,regional and local agencies;and the permitting processes and policies of the local jurisdiction. • ;06 G Table 9-1 Alameda County General Siting Criteria Page 5 of 5 1)1IS Definition Snt:dl-Scale Transfer and Storage Facility Industrial Transfer/Storage/1'reatnrent Facility Residuals Repositories S.Slineral Resources Areas Conditional Conditional Conditional Defined as Sand and Gravel in Alameda County General Plan. No facilities should be sited so as to preclude extraction of minerals necessary to sustain the economy of the Stale. T. Military Lands Exclusionary I Exclusionary I Exclusionary It is the policy of the Department of Defense(DOD)that military land shall not be considered for siting of public hazardous waste management facilities.This policy is considered nonnegotiable by 1)01). U.Other State,Federal and Indian Lands Conditional I Conditional I Conditional The criteria listed above are suitable for use in determining the suitability of lands within these areas for siting of hazardous waste management facilities. AUUITIONAI,ALAIIIEDA COUNTY CRITERIA Small-Scale Transfer and Storage Facility Industrial Transfer/Storageffreatmenl Facility Residuals Repositories Airport cones Exclusionary Exclusionary Exclusionary No facility may he located within an FAA approach zone,air installation compatible use zone,or safety zone as described in the Alameda County Airport Land Use Policy Plan,generally defined as the area immediately surrounding a public or military airport,including the immediate approach and take-off paths. I Note: The purpose of these criteria is to designate general areas only. Any proposed facility meeting these general criteria will be required to comply with the California Environmental Quality Act;any applicable requirements of federal,state,regional and local agencies;and the permitting processes and policies of the local jurisdiction. L1 C. CRITERIA MAPPING AND DESIGNATION OF GENERAL AREAS AB-2948 and the DHS Guidelines require that counties which include siting criteria in their plans must also identify'"general areas where the criteria might be applicable"(DHS Guidelines,p.3-11; Sec.25135.7(a)(3),California Health and Safety Code). Several of the criteria shown in Table 9-1 are not mappable due to lack of information,the scale of the maps and/or the site specific nature of the criteria. The mappable siting criteria are illustrated on Figures 9-1 through 9-8. Figures 9-1,9-3,and 9-5 show land use, environmental, and high hazard/physical criteria, respectively, for small-scale transfer and storage facilities and industrial transfer/storage/treatment facilities. Figures 9-2, 9-4 and 9-6 show the same criteria for residuals repositories. Figures 9-7 and 9-8 are composite maps showing all areas meeting the mappable criteria for small-scale and industrial transfer/storage and treatment facilities and residuals repositories,respectively. These are the designated general areas where the criteria might be applicable. The purpose of the siting criteria is to designate general areas only. Larger scale maps and/or field investigations should be used by the developer to evaluate specific sites before permitting. Any proposed facility meeting the general criteria will be required to comply with the California Environmental Act and any applicable requirements of federal, regional, and local agencies and jurisdictions,any of which may be more stringent than the general criteria included in this Plan. The developer of a proposed facility will have to perform extensive evaluations to determine whether a site satisfies all of the siting criteria. D. THE APPEALS PROCESS AB 2948 created a new process to appeal local land-use decisions concerning hazardous waste management facilities(Title 22,Sec.25199.10,California Health and Safety Code). It is intended to provide a regional or statewide perspective to assure that the public health, safety and welfare are adequately protected by new facilities, on the one hand, and on the other, to assure that an environmentally sound facility needed to serve the local area is not inappropriately denied by a local land-use authority. That is,the local area—Alameda County,its 14 cities and the WA—is expected to fulfill its commitment to approve facilities proposed which comply with these siting criteria (including their conformance with local needs or inter jurisdictional agreements). The state appeal board has the Authority to overturn a local land-use decision concerning a multi-user hazardous waste management facility which is found to be consistent with this Plan. 10 9-8 NOTE TO READERS ANY PROPOSED FACILITY MEETING THE GENERAL CRITERIA WILL BE REQUIRED TO COMPLY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ANY APPLICABLE REQUIREMENTS OF FEDERAL, REGIONAL, AND LOCAL AGENCIES; AND THE PERMITTING PROCESSES AND POLICIES OF THE LOCAL JURISDICTION. LARGER SCALE MAPS AND FIELD INVESTIGATIONS SHOULD BE USED TO EVALUATE SPECIFIC SITES PRIOR TO PERMITTING. IN ADDITION, LOCAL JURISDICTIONS SHOULD BE CONTACTED TO OBTAIN INFORMATION ON LOCAL SITING CRITERIA AND PERMITTING PROCESSES. LOCAL CRITERIA MAY BE MORE STRINGENT THAN THOSE INCLUDED IN THIS PLAN. THE NOTES THAT ARE INCLUDED AT THE TOP OF FIGURES 9-1 THROUGH 9-8 LIST THE CONDITIONAL CRITERIA THAT EACH DESIGNATED AREA MUST COMPLY WITH AND ARE AN ESSENTIAL PART OF THE THESE MAPS. FP E ( OF 9-a i ZEE ._,,"1 „sW i : ::: �- :-.7-./c/ —:12/2' i W \ �' l II I Utt, 2 H 1 / f i 5a. -__ -_--_`Ec \ ,4,,iM`t x27 1{i.r. ittip 1 nit Ai es:Ty.Et \ - - li Og 1 u E = E c n tl... .:fit•\�. I ` •• ,• • "�E= ccE n ii aE°E = _ ,-. -a' `_ Wes`. :BE? ".w-:E % \y:Y::iYi• ":” ... 4.141 4411111;:71N"4? l'j y� !�L ; i � � ' .:. L... t; _:� p P 0 W L I •- 1 • �t NOTE: • y' 11bf1 I Facilities should not be allowed In these areas. The.Any proposed of these criteria Is to designate penes areas p only.Any proposed Iscllily meeting the pener•I criteria will 2 No facility may be localed within an FAA approach be required to comply with the Calllornta Envlronrnenlal '''\..( zone,air Inslallallon compaTIble use zone,or safety Ouallly Act:any applicable requirement of'cermet, ir 11111111 E`�`( tone a described In the Alameda Courtly Airport Land regional,and local agencies;and The permitting processes SI `tw Y ._ ` • Use Policy Plan,generally defined as the area homed'• ■nd policies of the local jurisdictions.Urger scale maps • ately surrounding a public or milliare airport,including and field investigations should be used to evaluate specific s s-' .l the Immediate approach and lake-oil paths. sites prior to permiutng.In addition,local jurisdiction I should be contacted to obtain inlormallon on local siting Ifitflllllt 3 It Is the policy of the Department of Defence(DOD)that edlerla and perm'Uing processes.Local criteria may be • / �•� • r ! \ / !MOM j military land shall not be considered for filing of public more stringent Than throe Included In Ihls plan. ,�(. IIIII� / •., hazardous wale management Iac:Piles.This policy Is r:•1%) ..... ' / �'� F considered nonnegotiable by DOD. • ! •II sinus I( tR '� ! IIIIIIIIIIII��� '�rl�tl t. t• \ - , ' ( I r uflll iLtitlllh'j.i` ` r.` s'`^ \ ( I : s- 'j ) II /'1 ' �I_ . �...;"I I:\ \ Yk;o-j tit:':.• • 1 i•\.+.4. i f '-',:*-\ . N.. T :o'41,31 inks bile( • /- ' �I I '. l .\ ` � r. \ .21 • ..- r \ fin Iltliti a ti / t P111111111 - "-61:.- -- --.* IS \ - 'ai 'T Cl is \ �'\' I: • 1G . 4.. . ::::::::.:.:.• „.,.. . _,,.„:„ . ,..:•.., : e.1.43:;:•., . ....- ....... , , \ .:„.,:„.„:„.„. . ....*:. . 1 ________2 .. ..ii.$.:;:s: i c, \ % .:. ::::,,,..4 ... ;z I:67 11111 111� 7;:-.1•4••• :* i LEGEND \ :;i !•=::•::: °'• ;t 1 4 . , •................. Reciealianal,Cultural or Aesthetic \ '•�:: strut ':::: ::: .; '•..:: "r:-• Areas I \ .:..�• ;.::,.! : -:-r l::+X.: Airports and Air Terminals 2 \ :z s% y;. ::••:-:••::'is l 1111f11111 I.trlrlary Lands 7 .� i:;:,• .. ` [. ._1 Incorporated Areas \\:c :' : — — — — — — — — — — — — — — — — —'— — — — — I. 1 �' .\ __ • : :::. Figure 9-2 ,. ., . • LAND USE CRITERIA FOR RESIDUALS REPOSITORIES S31II1I3Vd 1N3WIV3UL /3OVUOLS U3dSNVU1 lVIULSOONI •••• •-••"^'• OM63111113Vd 30VUOLS 011V U34SNVU1 31605'11VY15 1:103 VIU3111/3 1V1N3NNOUlAN3 /y,- �t\�\-I ••_- L5.m61d . :� .•L 7,. -\ 7C..'4 {:ry 4 1 \•% t-\ eplvvpl:,pmp.1 f—1 ie-•-`ti- '� r sewv se.naseu lemully E..i] \ 1.lA 11..1....%kk 1111111 1611 \ 21ep4eH Ie01P,01.11ue10d qt.. �'� \ I svuel lunpml.bv ewyd BEA ! ON3031 ! 1 t 1 < �1111 II 10, ;, b t ('�,-Y 1Z1.,‘„\..,:i. IIIYIII s, !! _ _Th i 1.�'. -'li (� tiff"II ` \•\ 1 r4 i r,. ? d T - 11 101i; moo, InNllII ',\ \ ! I tir. r. \ Illlel 111111,...., .v) .f'` f' 1 .t111111 :.1 ..,\. ! unm• ;•-Z-(.•."....el teleVa••.0 awl w.e.ln...oln.y M Gu J pupil :..II\ a nn pool.....».a Oupllun w gagaelu d p e •pool vpmallq to qqs.......... 1_ �/ , .a....Imam,ulaao of wn...A eirey.........l,nl Iraq I.IuauV. *IIIwa da11'6-n•.Aa. u .uvl..o_Pn.e.w.... / • 7111�I1- - .ompp..1'eel..0 ad et so,n0.auped.amp..of p.. eq uon.amlwpn0l p m..."0upy to p.p.uen..aL PP...e0p.011.•.eppp0 pug.a.a.1.a.....l.uolulponel •1.•InPlle.aped.AugAu.to aaAa..• ...0a.Aun. ~l ♦ Ioa....I...pplod pp.....and punna..d..pug 1•01nn•Val e.o.t.A..uo....,o Alpu.u.und pa,,vu I \ rl r •..pua0.,•3,$10.'uu010a.'I.upa,to.leunynbes an.andd• .ete..u.•..u..pee..'gas..p.u0.. • I A 1t • Ae.:np.111.n01awuuo.,.1e..111.0.1...11a..a.1 ,o......Vpoppa PPP,P•,.a.1.V u.V....PI en t '•y ...es.ou'um 1,4,,p..eae•.eyn»a,nua.pp...a..d Aev n1 I 11111111 f Apo s•a,.I.u..e a.y0la.p a•p epoen....Io.•od.nd.1 .a11dd• \ .. .V1 AV Mla........V..na.P.on 00,1•.a6c,nd ( 1 n16....Aesop.opt upitn.o.A........l.uupu euip.o.• pot.up.apNlaelluau. ...a.... p 111111 . 11 11 .Pnpeld.l.. .1.11••y Pp•oV .1.111aaell p .1o'u..11..11.wsY'I...do.0....pal. .^ I- ......Pe...too*t.l n•a. .1 ...nape• ...Pe e1 W1 a.l P11 V 11111a.,•11 L 1 10 npu.....11..n.n.110....I t 13101 l N / Q- / — t W,_ J - H Q 0 1 11tA • \ t, --' ,1t.. I 0, W Q \ N....- t4 ' I o0 .r?'' I 2 w \ l� t I 1 .' z cc • . t„,.,• .,• . :...)-- .t\--..\) i7, t - dca. \ •-----.=- , .1 , o- ; = nt\I=< „ o =r-- f ,:EAs � — i p=Q Y • E •� u 2C-• G o o •- ` f t - 3 Y 7, c E r__ `o/ o s \ p ° it _ E w _ .. Y � ' e a- E11111111 Y_i;t: -�s. , '::1:.:?..••• ''''1" 7-.' ••• ,...,•%.*:••• 'I $O--a° y= • - •son : \ �.:'~••..•: .c =5 _a$- -L g , G ,a a T. • yT ° ;v l 7.. , Li. • ' .E. cacr f '4,o,v o :72., _ .:P; i i 3 : :-1.: 1;g .- '4.2:Is ), 1 4 ›....:),\• • - ii4,..;' . oL 4 . ;n: ' C-• > •G: a ' ^ ' .•i: •• 1'I'N.' .{ • / • 7--.......J.\ i::•, = ''',,,,i) , t. , - 1 � `• a 4i' ,if Z� }i: [ `. y ) by 3'21•1( 4,4,,,irk, t �k t .•• ..t..''..1; kiti .' ' ' ' .". . :9 - �- I it.' `ln i is ram_ It(.°.'. = , : :: .: 'l Pii i r i A.:?,--.-.k..arf., \--(7. ..iL • -- -i-f OJ 1 • O. N Q I i. lly ,, „/ o a ;,::• jr 1 iY ' = C — PD • I t4o locillnes shell be placed within 200 last of air active The P.1p.1-of the-*C111-11-Is 1.dedgruile genelol.#I-,-"IV. or recently active laull. Any proposed facility meeting the genetol cellerls will be required to comply with the CoIllornia Environmental Ouslity Act:any is ilt t to eer 11 applicable rieclulterments of federal,regional,and local agencies; � ^ pro ^ ^ N JI failure,such as berms,raising ebov*flood levels,sic jurisdiction@.Larger scale mops end field Investigations should 100-ye.t flood plains and other flo"Ing a sto dolmod be used to evaluate specific sites pilot to petmining.In addition, local jurisdictions should be contacted to obtain Information on to Include Inundation aroma subject to tlo�dlng by dam of local ailing criteria and permilling processes.Local c,lietle may low"lollura. be move stringent then those Included In this plan. AIAN �Als re Ville N. Or LEGEND Seismic Areas I Incorporaied Areas ___ ^^__— � ^ � --_--_______ ' � e / Figure *5 ���`?` .ILGxxm^nm'°,oc^L CRITERIA FOR SMALL-SCALE TRANSFER AND STORAGE FACILITIES^xoINDUSTRIAL ,nvws,sRts,nn^o�mc^,o,w,FACILITIES � .. • i( C a w ! ,---:--P---•1 Va ../ -:- .......'" • u /- •'T-\-V\—\':•;\,-:...-..:-,.-:..,:... T../•;!.. --"-." "'. '•..•-,(,.1 -.)#I1 oW - 1 . - ( #(\ \ ? \ i r-. i #• , ..i."' lot .• \ J ! \ \\ ' r .2--',. /' . \ _ . - I - a ) #1: ,,, ......„-- fi,i ii12 %\ , ,.. .... ; ; .sgs -.--___..,,, •____, 1 ,,..10.*- I. __,-4-?/ -, - = 1--- q ,- 1... t , .. at , .........._ / . -1 I. . ,.,,, , .=. • ._. . .., _ . , = 4 „.„.i . . ; .2,T, .•11' .2 \ - '°.11140411O07 I 2,117;1 : 63 :41 V4 i. e A t i .52& CM211 •i' r7,.il:i:.::*:''.8 : ,.... ..7 T :EagItLmi: \ ,,,- 'i..1,1•••..;5',..i*i:ij %- '-' .2t.2tE":" ,3,32 • ,/-// .'' '' 17 \t'*-4. \ !, :._-s..•,L 3•P-.. .;- /lat. •., .! . ., .15. C,-t.• z a . \ • - . .4.0 '..I: :itE ;IiiE \ # ,.......-r. -1:•'':'-2 .--7 4,..• i47111 .1 :7t1.-i, f/ 2.1"--SE-E ma \ # tkjiAS1]..::: 1 • .aIo1:21E1 r/'--- aN.h:.:--:::,.4.1 .f4l ,,,51--`*--qf'S,": I. /-_____;" i i'xl"*". .::•e'.. . : s * \ 0 V:. r.,.. ..!!7'!'77.! 7= ,, •..- — ) 1 Ar m iA .. .- __ : St ! . . / S.\ / •,• ' - "*c 7, :... . . ...---- -7- , - •—_....- . . Vs / ,:;;;17:::=:=.•-• I ..-• . ......; 7 1.13 ! 1 r (,;--..:•••••*-1, t2°,jE'._ 1.,!;1,-- 7• ,---- / F -....: ."*.. -• ,2/10 2-;.•1.t::-,-;- ...WLxg..i / " i I° = t •- \/ # ! 1 ° E1 / N r N! 4 • . S''' /i _ ' ' /, :_::&::.A::„.:.:,.,::;.,:::.::„-0i',.::-ii.::0-_si,-:„i:,:_,:.::4i*::.,•z-:..,-•.--....,,..7:...,:,zA,,77-„:,,,3--..•,.::„....•1.• . ..,:*„. ::: :-••.::• .,,:::::::::::•:::::,*:-:-;_--...--,..-- •, ...-:',--7......--,ksi*:::::. •:::i::::si*: .:::,,,K:i::::- : ,---- ,• '.!1 :,i ; !4 :, , - -•• ----•-•-•-.• ••-•• •• -• • •-• - .• I -. .----- _,_.,-- — _,• _.. _,, ,.... ) .. .. ct. , _ • mi,::.:;;;•-a.::::,..,* ,::-.,- -:..!:*'.:...- -,4,:- . „ 'iAPW:Ah0,- g.1-;, ,iF. I - . ...- . — %A 1 I •:• :7.--'•'''','\'...'ji - = ' ,„laggartsi,-„,1:::::::-:.•...."".•-0:::-.7"..'.:. / • i •• As / ". L 4.:-•2"*•te ,"'-:-.1;.• •'''''•••• •••::•72.::-.....j.,,... .c.,:*4:4) • ''''s:irPir .'•;--Z,7.7,-..--' ".7:g4;,-:4-'7::- ,;•'.1`4"- ` -•- ."flit----/---/-:-. ••tl'-.1 -.$ - .1t-'; ','-7 Z.L-.,-,..-7•^:•-' - • Lir-I1_1- _ .-JIC?7' - , I,' ixf -.., ,:;•;,"7, •:S...47 r••••-„,....=-2,/, - „...e... .... ' r.7•Lf.,----2,74•1-4.".--•=,`..,-.: - -....,:-. -...._, „...-1,.. ..........322,-.:4;%::_,I.::z4,-:;e"--' ,,r,... . .i -' ‘ ' .'' _---_--.7:4::: .71;-:;..7'ilz- •7:-":- . -9 . --- ‘ ..,.-4 ..7--Z---.:-- < . '.. ...: 2! - - .,• - .. ../., •/ -; ,. # 1/4 / <. \ . •`* .•- / / • / h"0- • E.., -- • # , 1.1- ..t."!, ./ .- c .'.-•-'\)7/*- ., .2 / .. •/a = .., o/I%. 7. ... . ,. v 4 ..• . • ? ., = •F, .:.- - ..... _ ,.4. . --1. ••••,i, -' f• '. , ...-•••" :) - ( ...,:-. -•:" • -• •••••••''''= •. ... --,. • ....• .,•- - '8 : -1- ' 1.% .= I.::>q( -..... •L,W 7 -' , r•A es 773 pr?-) , ;'.1------- ---1. ., ri•Li,.:1,-._,....__-- th — r • -. , .. c, E R -,• Th. 9 13 -. :-- -,... 0 .•-• SA. .. '' r7., RI .71 7 7 • 0 1//I ....-H-- •:- I i - -- •• ,_-.:, L-.1.- I. -,.::-_,,,_-• .....__ 1< < �y r .01. • I J J (\• I 0 0< I rn -1.6. { I � Ni �• J if ' t Y E a F p i •�__._.�_____-_�__- -Ir iili ✓ I• . W"'U I tnS w sr� ^ c 'rr �1',�= 2 Q Q e _ c A c \�-Tp- ^ �1i1�ti 61j°.I�1: N+ a Q 0 t O G e 0 w a s • t f \ I `� m`4: .NNlt.'" I _ —W w D ;" w y M.. it ':'C' 0 fi "; ;' `. N CC = S SSS :E p as ii[i ''') I• + aJ \ 'c !v,lion n is y i' I• N f cc " \ ���� I 0 o n ,. il;iin•. it/':: ??, fl `"' Y fi fi i\ �;'F�'1 `ice :;',,:i' % %tt:::: :":�' `i i ! lit £ _\ I It Y r 6 E D w • w \ .,4. "711 I� a - !i�J'e. t, ...... ''> -_r '� -: 6 4°_. :3 0 .:,,y.:y ;ii:7ostr , yw� _ I il i< to a S p p i..E O? �^ — �. �' Ou : I AMM \1/2' .:.i.::.E.EFir::-:-:-. If.. • 6 ' I e� €: u r Y 5 mac; « I 3 � ' gig • _ \ to=fir>� ' < "� ct ..•3 a. • i Z C.. a \ ^ rt,` - .:''', .- .,ate"( 1 I, goy, 'ca<.,CYaE '3c .iG /�l/;:ti ,r S.N." ��I.hy:=` �' _ H i i o 0 o w C a a a u �I y�i�!.• ..�. {:.)1♦"{.1%�v .P� llll!11 1•t ,"- �'Nl Pit I•. •rl•�. ;ly.b.j'�xry. m j i =a o n .. - ..._,I f • • . �- �`�ii4ll�t 1 1 Ill;:g ��!W ipno°=W•' n i % ,• G F:ca}�.: UFa� 'lluali,:lijl' •Q°toi¢mu to 3r /• / d �1it••' �'y_'I st ;�.,).t,l�ll1. "F p a o z = '^ r ! ',�"-T•7ip 1{,,l1 ,. xr rl��i.,!, ,I z.<i W C z m Q / ;,��i.fo,i}S' N ;r'.;d.';!'_r rl(:�l/ Jul' ;.n Q 3 G o°o N.z a C o j ,." / :;:9i• ' /',T1`�r f( nl l�l 2 0 ,O,I <O n i Q p <p w �. : J - t4OPI'' I{I Il �.��1'v il(�;(,l�:ll f, cos °;zx.° _< - r&'4/ lI.i .trrr1,ti., xnl'} �----.n O sue too '.. ti�' 1� '^�-I" - 1 Il l`�llll l:d�,✓ n •s El!z�iuo z u<a " - S-� y , --'M:. .!r'wrll�ll'�'"I, ,p,+r i W O u n 0,•w 2 Q �. r• .� • III r1 /I( lr.�(lrl Z Q'V W,"C�<WO �.�W2kz I , ,J'll,l II.�%11�t'rlrl l '�',' `/. om>� zni o< g I - ,'xr7.,,•l,,lrt , , !. - -�W¢ ,^<F p 2 p C "m o � �. •rLL' ` �{�Id.�rJ.7�r:,j1�' �i�i�� �. ' t„a I �� /-�� F., L ;rl"P'llr':��;1 :i,:."'ll•1�4%'//((llfl /. z t c�i to< .2 2 z ion :+"'-� .:i:.. .;.(Sr', C,./ \_ tit r r+ r'G <<ei yi_Oiz ,-is ::.;i;ti G.. I I)p/ 'll�l+t l,0,04,rl+ eiI,,'+l+l( '1 � �. -aOVog <°= u_ '.p< �` '� i` 'I' i !1(li 'll ��lll„'.' to r O a I . F�r_�' 11111 �;/,I h II/f 1 ' / O 6 O O t<JJ°G O a ,,'I'O :1�' .:� ' � ! �f 14110111 ,�. zuu i<mra ,w zp. I r is .gyp! •r-. E" I ! ! Ivies :•1�r+i,�r��I/lll�, ,_ Rile 4, `ti illia,,ill 'rl Ni , .err;.' j aild'e \ /,i• \ :--'' sr, e,.5.,....:----1,1t:.• J �Y � Ili` F, _ zno ''Ip G 1�Ur / m y m a 'a c e-z U .r _ -)_ f - - ,- E--m� „ Z - v m m mm • ,_= '. z .� xlw _ l\/\•//J�1\1 G -N c 52 y m e - m m- • _ ' - G.k b IM I ' r 1 5 ' �( \/ A _G� N— m q O tT A • O ��� � •yY 1 t i c ` u �'3 unlV♦i� N C ug m m O= a ., ° L p to"i',•,T•' .w ..] '"'��11 r, I rl, c ! g H -<< c o'- w u ... � :1-,_ _ 91+Ii. '_C, 0 to U< 5 • NOTE I All!PnOPOSCI•F ACM III MEETING 711E DEIIEIIAL •- .. .-" —_------ - ------ - ' +-. ;1* CHITS MA WILL BE HE CO•111E0 TO COMPLY Wilit INE • Unrllbl.Snlla' • Nellanitnmenl All A,...' -- • Prealmily to WISH Oenerallon SNaem. 1 • I '1 CALIFOHNIA EIIVIIIONM INT AL CaIAIRY ACT; SO.raI.IIIs.an,1 area+a,•IIIl.I to nh,el:etoi and A,eaa not In r.npaf'C•w,a.nisona,Al a•Aary I..nTOMIl eon CI h.l,.l,dOn1.•.Ills lrprdbe • .• Ilrttt , J, ' APPLIC ABLE REOIIIREA EATS OF FEDERAL,RE GIONAL, aubldence due to nahnal Gmrl.f 1LVul.ud1 for.ie or mo•,noatreed all pob,oN minlmVrM mdrr.•na+n no no.tr[,drr•tII.M"+ - 1:� •:-i':•::;. I AIIO LOCAL AGENCIES,AND DIE PEIIMITTINO PHocE SSE! • Maim Aquila.Rec harp.Al... • P50 AIr Ata•a: • Appropriate Toning '.. A110 POLICIES OF 111E l)CAL JURISDICTIONS.LARGER Areal lawn a rufp•cied robe Iupplylrg pinOPal Prenn•nonol Llgnrncanl drlenaanon areal are bale Spwted t'r m1 app,np:le IunSM„'On All SCALE MAPS AND FIELI INVESTIGATIONS SHOULD BE USED recn ego to a reglo,al aoulbr as donned In adopted In mmpnance ME+',adorn,air roomy Dandud, Imnd.cre^s Tnodd Mlle Tome qp.of:o'•.r9 • :' 11111111 1; :}:::;:( TO EVALUATE SPECIFIC SITES PRIOR TO PERMITTING IN per•rallplonal,o stale pans • Molt,to Mound.ater w,.lo•..•a a'rM Stung el d•'Imenl Noel TO .:.• 1) • OI.IN,c.a Flom R.,ld.nt.a • Pro limn,In Public S.rolt..: h.11a,dp,f na1:e mass.'..;eat lI'll ^.,l TOOBIAI LOCAL ATIE NION LOCAL SHOULD BE C11015AEO �.. .^,.•-.J ,\ `•\ TO OBtAIN RIFORMAi1C H ON IOC AI SITING CRITERI►AHD Olatlnce from immobile Populallona: Pubac (fewer.Ware,etc I.and, h emergency • OIMr Mole.Federal and Indian I and.: {'.•\ PERMITTING PROCESSI I LOCAL CRITERIA MAY RE MORE SOoolt noepcdf.,DOva4loni bd n.%ppYldrl. IerdOef,vi<Woin)nr e.porn,medlW,and hatardouf Al criteria an fWMD'e broil In delnmining In. • ` .,) • STRINGENT THAN 1HO!I INCLUDED IN THIS PLAN, !camel lot Bie moronity III.day COO RmMf. malenall response perLonnalrlaOnOe Lequlpmenl ]unabd rF Al 0,44 worm d.efa ar.af Ip TUN,of tir• Orr rtnr ` l• NOTE 7 THE FOLLO WIN I CRITERIA ARE NOT MAPPABLE nom•aesf InaIISU,MC Omer pubic!Adages suo+af Consrason y.1.II,oad1. Nlardppf wafts marapemanl lcRfel ~ 1 • Pro Rmny to Maid.Tramporlallon RoaA•o large Doan S.C.On mnnyy relanadonf.and IMO t V. ::: / DUE 70 LACE OF INFOR LOTION ANO THE SCAT E OF MAPS • Permeable Stnla end Salle: Moo lanais n remora areas n 1 1,,IIU.I.1•••' :` 1 TO BE APPROPRIATELY'ADDUCED FOR ME PLAN. Peal WART reponmonH ara denned In CCR Me 17. 1 } 1 . •? '':f.::::: . CIOIIer IS. ' ' 't a tI111Y�I'^ 4 :r \. - ft; ,, I� it( y '•:.�, .. .. • I� / •�...-- .?...::�a^f`-. `tom•-`' .........•:: • •' I 1:::17,4 :fin:::::' r..:._r'l1 - JJ % • •� \ `. • e': a i::: iiii:... .:}. ..:tip`-. :r• 1 J. • ' IM l •t • a r. - r i e F .. l• \ T-F ( � �.. r :: gyi:' i• : ;:_:•: :; IIIIIIIIA[::I :ii:i:i:1,:ii i::::::...',:..../ j. • • \• •• • a///mas� nip iI V Y A. _ LEGEND ''^;i- r -• ;:':: �ral. '1 \ 1 E i ii:I Unsuitable for Residuals Repositories •\ C.•��-^---_.`;•_-: • "•"""-..a-- �� Pursuant to the Following Crileda: • ---._—`�""`^--___ ,_..` -_"F ' i °iii.,:' • Seismic Areas \• c -"� `t ?'" ;I ' •.' • Flocdplains and DanYReservolr Inundallon \• `e.:,`^"^ ;�i - �.� 1- y,l`���; w 1�_ -- -z • Potential Crilical Habitat '•'� • t'7 1 t "ice .. p'=`r • Recreational.Cultural or Aeslhetk Areas it a"+ - 1� _ `��:::::: ::::: :i ':;: :•::':::::;: ::: ::r ? • • Military Lands \/:. . .•.. -'.."— �^-. �-+=1. •• .. • • Airports and Air Terminals \ -''�•�`, =~-'""'�� 9`4^ "` S. I . I Incorporated Areas \ 1Z_ "`.�� Y '-'-'- 1LBI \J :•i• r � r'ri `X l^ DESIGNATED GENERAL AREAS FOR RESIDUALS REPOSITORIES MAPPABLE CRITERIA ONLY ` I w � , Three types of appeals are authorized. The developer can appeal a disapproval decision, or an approval decision with such onerous restrictions that it amounts to disapproval. Alternatively, an interested person can appeal an approval on the grounds that the conditions imposed on the project do not adequately protect the public health, safety,or welfare. An"interested person" is anyone who attended a public meeting or hearing held on the project's application for a local land-use decision. An appeal must be made to the Governor(or designee) within 30 days of the local jurisdiction's final land-use decision on the project. The Governor(or designee)must determine whether to authorize the appeal. In order for the appeal to be authorized, the developer must demonstrate that all permits required from state agencies which can be obtained prior to project construction have been obtained. Once those permits have been obtained and an appeal authorized,the state Appeal Board is constituted. The Appeal Board consists of seven members,five of them permanent and two appointed only for a specific appeal. Three permanent members come from the state agencies that regulate hazardous waste management in California: the Director of the Department of Health Services,the Chair of the State Water Resources Control Board, and the Chair of the Air Resources Board. Two permanent members are local elected officials,who serve four-year terms: a member of a county board of supervisors appointed by the State Senate Committee on Rules from a list of nominees by the County Supervisors Association of California(CSAC),and a member of a city council appoint- ed by the Assembly Speaker from a list nominated by the League of California Cities(LCC). In addition,two local elected officials are named to the Appeal Board to hear a particular appeal. One is a member of the Board of Supervisors from the county where the project would be located, and is appointed by the Assembly Speaker from a list nominated by CSAC. The other is a city council member from the city where the project would be located(or,if the facility is proposed for an unincorporated area, from the city which would be most directly affected), appointed by the Senate Rules Committee from the list nominated by LCC. If a permanent member of the Appeal Board is from the county where the project would be located,the temporary(i.e.,ad hoc)member must be from a different county. Within a month of an appeal being authorized by the governor,the Appeal Board holds a public hearing in the city or county where the project would be located to hear arguments from both the land-use authority and the developer(or interested party).The Board must decide within 15 days of this hearing whether to accept the appeal. An appeal of a local government disapproval of the developer's application may be accepted by a vote of four Board'members if there is evidence that there are compelling reasons to review the local decision when weighing the reasons for the local decision against statewide, regional, or county hazardous waste management policies, goals, and objectives. An appeal of a land-use approval (by a developer appealing one or more onerous conditions,or by an interested party appealing a lack of adequately protective conditions)may be accepted by a vote of five Board members if there is a substantial likelihood of the appellant prevailing on the merits of its appeal. If the Appeal Board accepts the appeal,it convenes a second hearing in the affected city or county to hear evidence. The statute provides a specific timetable for holding the hearing and issuing a decision;it also provides guidelines for deciding the appeal.The Board must adopt the rebuttable presumption that the local land-use decision was correct and supported by substantial runs. To overturn a local land-use decision disapproving a project, the Board must make a number of mandatory findings which include: that the proposed project is consistent with the Plan,if one has been adopted by the county and approved by the state;that the project's environmental impacts will be mitigated;that the project,if not a land disposal unit,is consistent with the applicable general plan; and that alternative locations evaluated in the project EIR (and identified in the state-approved Hazardous Waste Management Plan) have been adequately considered. If the Appeal Board finds that one or more conditions imposed on the project by the land-use decision are so onerous and restrictive that the imposition is the same as a disapproval,or that one or more conditions necessary to protect public health,safety,or welfare should be imposed,it may approve the appeal and require the local government to modify its decision accordingly. An Appeal Board decision overturning a local land use decision may be enforced by referral to the state Attorney General,if the local government does not modify its decision within 60 days. PArc d P r v 9-19 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT REGULAR MEETING DATE: JUNE 18, 1996 SUBJECT: PA 94-028 Schaefer Ranch Planned Development(PD)Prezoning (Report Prepared by:Tasha Huston,Associate Planner) EXHIBITS: 1. Resolution No.96-_recommending City Council approval of the Planned Development(PD)Prezoning,With PD Prezoning Overlay Map attached as Exhibit 1-A,and Schaefer Ranch Zoning District Map attached as Exhibit 1-B. BACKGROUND NOT INCLUDED,BUT AVAILABLE AT THE PUBLIC HEARING: ATTACHMENTS: A. Final Environmental Impact Report for Schaefer Ranch Project/ General Plan Amendment B. Draft Schaefer Ranch Project General Plan Amendment C. Zoning History of project RECOMMENDATION: 1. Open Public Hearing and hear staff presentation 2. Receive public testimony 3. Question Staff 4. Close public hearing and deliberate. 5. Adopt Resolution No.96- recommending City Council approval of the Planned Development(PD)Prezoning,or give Staff direction and continue the matter. PROJECT The Applicants are proposing residential and commercial development DESCRIPTION: for their collective parcels totaling±500 acres west of the Dublin city limits.The proposed project includes the following: • A General Plan Amendment for the+500 acres of land, changing land use designations from agricultural to various urban land uses. In addition, General Plan policies may be added or amended. • Planned Development Prezoning, Tentative Subdivision Map, Development Agreement and subsequent Annexation to the City of Dublin. • Annexation and/or detachment from various Service Districts, possibly including the Dublin School District, Castro Valley School District,Zone 7 Water District,and Dublin-San Ramon Services District. The project component scheduled for consideration at the June 18, 1996 Planning Commission meeting is the Planned Development Prezoning. COPIES TO: Applicants-R.Yohai,J.Parsons Staff-E.Peabody,C.Cirelli,T.Huston,D.Lowart, I M.Sepehri,City Attorney Files-Project file,Admin.Secretary files 1 , " GENERAL PROJECT INFORMATION: LOCATION: North side of I-580 freeway, at Schaefer Ranch Road, Alameda County (Adjacent to Dublin's Western City limits) APPLICANTS & PROPERTY Schaefer Heights,Inc., (Otto Schaefer, Jr.,Robert J. Yohai, Sal S. Zagari), OWNERS: Schaefer Heights Associates, and Dennis and Laurie Gibbs. ASSESSOR OWNER PARCEL# ACREAGE PARCEL# & SIZE: Schaefer Heights Associates 85A-1000-001-14 24.49 85A-1000-001-16 32.45 " Ct85A-1000-001-17 76.51 " CC941-0018-002-02 47.00 " " 941-0018-002-03 32.05 941-0018-005-00 2.67 4C 941-0018-006-00 73.51 Otto Schaefer, Jr. 85A-1000-001-18 155.87 Robert Yohai& Sal Zagari 85A-1000-001-09 5.51 " 85A-1000-001-11 2.07 TOTAL 452.13 Dennis & Laurie Gibbs 85A-1000-002-04 48.0 (Zoning Request submitted by Robert Yohai) TOTAL 500.13 SURROUNDING LAND USE AND North: Cattle grazing; Alameda County Agricultural District ZONING: South: Interstate 580 Freeway East: Grading underway; residential Planned Development West: Cattle grazing; Alameda County Agricultural District GENERAL PLAN DESIGNATION: Western Extended Planning Area EXISTING ALAMEDA COUNTY ZONING AND LAND USE: Agriculture; Cattle grazing with a few rural homesites 2 Z APPLICABLE REGULATIONS The California Environmental Quality Act(CEQA)applies to this project.The California State Government Code also regulates several aspects of this project,including but not limited to the amendment of the Dublin General Plan,annexation of a project area to the City,subdividing land,and other development entitlements. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act(CEQA)and the State CEQA Guidelines. A Draft Environmental Impact Report has been prepared and circulated,and several comments were received regarding the document. The responses to these comments have been incorporated into the Final EIR,which was considered by the Planning Commission at its June 4, 1996 meeting,and a recommendation of certification by the City Council was made by the Commission. The EIR is included as Background Attachment A. GENERAL PLAN CONSISTENCY: This proposal is consistent with the Residential,Retail Office,Public/Semi-Public,and Open Space Land Use Designations set forth in the Draft Schaefer Ranch Project General Plan Amendment. That Amendment would allow up to 474 residential dwelling units on the project site,at density ranges consistent to those proposed under the Prezoning. The General Plan Amendment proposed for this project will be reviewed by the City Council at a public hearing tentatively scheduled for July 9, 1996. The PD Prezone,if recommended for approval by the Planning Commission,will be reviewed by the City Council at the same meeting. BACKGROUND This project site is part of an area that the City of Dublin has designated as the Western Extended Planning Area. The Dublin General Plan states that specific development in this area will be determined when municipal services can be provided and through General Plan refinement studies. The City Council,in July of 1994,authorized the Staff to conduct a General Plan Amendment Study for this project,including preparation of an EIR. The EIR document was prepared as the result of studies evaluating the environmental effects and considerations pertaining to the project. The Draft General Plan Amendment and Schaefer Ranch EIR were discussed at a public hearing before the Planning Commission on June 4, 1996. At this meeting,the Commission recommended that the City Council certify the EIR as complete and adequate,and adopt the proposed General Plan Amendment. Additional information on the history of the Schaefer Ranch project is contained in Attachment C. The purpose of the current Planning Commission meeting is to consider the next component of the Schaefer Ranch project proposal: the Planned Development Prezoning. The Planning Commission's role is to provide a recommendation on this proposed Prezoning to the City Council. 3 PLANNED DEVELOPMENT PREZONE The Applicants are requesting approval of a Planned Development(PD)Prezone to establish the General Provisions and Development Regulations that would implement the proposed Residential,Commercial, Public,Semi-Public,and Open Space Land Use Designations of the General Plan for the 500+acre project area. The proposed PD Overlay zone diagram will attach a"PD"zoning designation to the project site and add the site to the City's Zoning Map (see Exhibit 1-A). The Zoning District Map(Exhibit 1-B)will identify the areas of the project site where different categories of land uses are anticipated. Four distinct types of residential neighborhoods are proposed for the Schaefer Ranch project site,ranging from attached duet units on 4,500 square foot lots,to custom estate residences on lots ranging from 3 to 40 acres. The proposed land uses and densities as shown on the Zoning District Map(Exhibit 1-B)are consistent with the land uses analyzed in the Schaefer Ranch Final EIR,which evaluated and anticipated a total of 474 dwelling units from the project. The EIR considered earlier development plans which showed up to 22 residential units on the"Gibbs" property. The applicant's revised Planned Development Prezoning proposal now shows the majority of this area as designated for a park,with a few Estate Residential lots on the remainder of the Gibbs property. The Estate Residential Zoning Designation is consistent with the land uses proposed for the adjacent area to the north of the Gibbs property,along Schaefer Ranch Lane. An illustrative development plan prepared by the Applicants shows the conceptual lot layout for the proposed land uses. Based upon this plan,and on the constraints evaluated in the EIR,staff estimates that the Estate Residential Zoning District would have the capacity for up to 15 dwelling units. The remainder of the anticipated dwelling units(up to 459 units)could be accommodated within the Single-Family Residential Zoning District,for a total of 474 units on the project site. Therefore,Staff recommends that the PD Prezoning for this site establish the following density and lot count standards for the Residential Zoning Districts: Minimum Zoning District Zoning District Neighborhood Unit Type Lot Size Density* Map Designation Unit Capacity A Estate 3 acres 0.01-0.8 PD Estate Residential 15 B Single Family 6,000 sq.ft. 0.9-6.0 PD Single Family 459** C Single Family 5,250 sq.ft. 0.9-6.0 PD Single Family ** D Duets 4,500 sq.ft. 0.9-6.0 PD Single Family ** * Density is based upon units per gross residential acre ** 459 Units for PD Single Family zoning district includes Neighborhoods B,C,and D 4 The Zoning District Map(Exhibit 1-B)will constitute a Land Use and Development Plan which is required with a PD Prezoning approval,in compliance with the Dublin Zoning Ordinance. This Plan is intended to establish the location of development on the site and set some of the land use standards. Because of the general nature of the Land Use and Development Plan,it will need to be supplemented with more specific design elements and standards. The supplemental design elements are intended to establish standards which ensure that the purpose of the PD District Overlay Zone is met. Some examples of supplemental site development standards typically included within a PD Prezoning include roadway design standards, architectural entry treatments,landscaping concepts,and other specialized design standards which contribute to the uniqueness of the project. The General Provisions and Development Regulations and Conditions of Approval for the proposed land uses are set forth in full in Exhibit 1. The proposed land uses and conditional uses are generally the same as what is presently permitted or conditionally permitted in some of the City's appropriate Zoning Districts. Some changes have been proposed to those development standards relating to building site and setbacks to enable the specific type of housing proposed by the applicant. The main differences between the Schaefer Ranch PD residential land use provisions and the City's R-1 Zoning District single-family residential standards are shown in the chart below: TYPE OF SCHAEFER RANCH PD R-1 ZONING DISTRICT STANDARD PROPOSED STANDARD STANDARD Building Site As defined by Land Use and Median Lot Width of 50 feet Development Plan district and area not less than 5,000 densities,and PD Prezone sq.ft. Corner lot not less than provisions 6,000 sq.ft. Front Yard Setback Neighborhood A: 25 feet 20 feet Neighborhood B: 20 feet Neighborhood C: 20 feet Neighborhood D: 20 feet Rear Yard Setback Neighborhood A: 100 feet 20 feet Neighborhood B: 20 feet Neighborhood C: 15 feet Neighborhood D: 15 feet Side Yard Setback Neighborhood A: 50 feet 5 feet(plus 1 foot for each (interior) Neighborhood B: 5 feet additional 10 ft.that the median Neighborhood C: 5 feet lot width exceeds 50 ft.up to a Neighborhood D: 5 feet maximum of 10 ft. Side Yard Setback (not specified) 10 feet (corner) Side Yard Setback Neighborhood A: 100 feet (not specified) (aggregate) Neighborhood B: 15 feet Neighborhood C: 10 feet Neighborhood D: 10 feet 5 G 5 ISSUES Staff believes that overall, the land uses and provisions proposed for the Schaefer Ranch project site are appropriate for the area and consistent with the City's General Plan objectives. There are a few areas, however, which should be addressed through conditions, modifications, or provisions if the PD Prezoning is approved. These areas include: 1) Residential Yard Setbacks, 2) Location of a neighborhood park, and 3) Agreements for provision of certain public services and facilities, including schools, street improvements, and dedication of public facilities. These issues are discussed below. Residential Setbacks The development standards proposed for the single-family residential (Neighborhoods B and C) and the Duet Lots (Neighborhood D) include minimum side yard setbacks of five feet for each side yard, for a total of ten feet between homes. The staff has three concerns with the setbacks proposed: 1. If the project is built at its maximum density, there will not be adequate side yard areas in neighborhoods C and D, and neighborhood B may also have inadequate side yards. Problems which may be experienced include inadequate room in the side yards for tree planting, location of air conditioning units, and storage of trash containers, small vehicles or other mechanical equipment. 2. The development of homes in hillside areas should ensure that a minimum clear and level zone in each side yard be provided, with no projections into the setbacks. 3. On corner lots, five-foot setbacks may not offer adequate visibility for driver sight-distance. For these reasons, the Staff is requesting that the Commission consider revisions to the applicant's proposal, to establish the following side-yard setback standards: Neighborhood B Neighborhood C Neighborhood D Side-yard setbacks - 5 feet on one side, 5 feet on one side, 5 feet each side; Interior Lots 10 feet on the other; 10 feet on the other minimum 5-foot wide minimum 5-foot wide minimum 5-foot wide clear and level zone, clear and level zone, clear and level zone, with no projections with no projections. with no projections Side yard setbacks - 10 feet 10 feet 10 feet Corner Lots Aggregate 15 feet total each lot 15 feet total each lot 10 feet total each lot Minimum between buildings 15 feet 15 feet 10 feet 6 Park Location The proposed Schaefer Ranch Zoning District Map delineates general locations of the different land use districts proposed for development on the site. The project proponents have also submitted an illustrative plan showing conceptual development which could occur under the land use designations proposed as part of the PD Prezoning. The illustrative plan shows a park located along the project's southern boundary. The design and location of this park are currently being reviewed by staff. The exact location of parks need not be designated until the time of Subdivision Map approval for this project. Therefore,staff is recommending that the zoning district map approved with the PD Prezoning should not show the specific location and size of neighborhood parks. The condition of approval for the PD Prezoning has been written to require that the Zoning District Map should be revised so that the Park districts are deleted,and replaced with the adjacent residential PD designations in these areas. Floating symbols should be placed within the residential PD designations,denoting that the exact location and size of neighborhood parks within the project are yet to be determined. A similar floating symbol is proposed for semi-public land use designations,to accommodate water tanks and water retention facilities. Public Services and Facilities Agreements Approval of a PD Zone and land use provisions for the project site must include considerations of the public facilities and services needed to serve the proposed development. The EIR prepared for the project evaluates the impacts upon public services from this project,as well as the services needed for the project. The EIR includes measures to mitigate the impacts and service needs. However,a few issues remain regarding provision of certain public services and facilities,including schools,street improvements,and dedication of public facilities. In order to ensure that the details of service provision in these areas are resolved prior to any development approval,staff recommends that conditions of approval be adopted as provisions of the PD Prezoning to address these issues. The recommended provisions and conditions are included in the Resolution attached as Exhibit 1. With the above noted modifications,conditions,and provisions,staff believes that the proposed PD Prezoning is appropriate.The Prezoning will not have a substantial adverse effect on health or safety,or be substantially detrimental to the public welfare,or be injurious to property or public improvements,as all applicable regulations will be met. The Planned Development Prezoning will benefit the public necessity, convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance. If the Schaefer Ranch Final EIR and General Plan Amendment are certified and adopted by the City Council,the proposed Prezoning would be consistent with the Dublin General Plan RECOMMENDATION Staff recommends that the Planning Commission consider the information presented,and,after public testimony,adopt the Resolution No.96-_ recommending City Council adoption of the Planned Development(PD)Prezoning. g:\pa#\1994\94028\srPC6-18. 7 tQ/ RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN FINDING PA 94-028 SCHAEFER RANCH PLANNED DEVELOPMENT(PD)PREZONING WITHIN SCOPE OF FINAL EIR AND RECOMMENDING CITY COUNCIL APPROVAL OF FINDINGS AND GENERAL PROVISIONS FOR PA 94-028 SCHAEFER RANCH PROJECT PD PREZONING WHEREAS,Schaefer Heights,Inc.,(Otto Schaefer,Jr.,Robert J.Yohai,Sal S.Zagari),and Schaefer Heights Associates have submitted a General Plan Amendment,Planned Development(PD)Prezoning request to establish General Provisions and Development Regulations for a development consisting of up to 474 single family homes and 11 acres of commercial office uses on approximately 500 acres,generally located on the north side of the I-580 freeway,at Schaefer Ranch Road,in Alameda County,adjacent to Dublin's Western City limits;and WHEREAS, a complete application for a Planned Development Prezoning is available and on file in the Planning Department;and WHEREAS,In response to the proposal for residential development of the property,the City of Dublin undertook the Schaefer Ranch General Plan Amendment Study,including preparation of an Environmental Impact Report(EIR)to evaluate the proposed development of the Schaefer Ranch project site within Dublin's Western Extended Planning area,and WHEREAS,a Draft EIR was prepared in compliance with the California Environmental Quality Act(CEQA)for which public comments were sought and received,and on May 23, 1996,the Final EIR, containing responses to the comments received on the Draft EIR,was distributed to or otherwise made available to the Planning Commission,City Council,Responsible Agencies commenting on the Draft EIR, and other interested parties,and WHEREAS,the Planning Commission held a duly noticed public hearing on the Schaefer Ranch project Final EIR and Draft General Plan Amendment on June 4, 1996,and reviewed the Final EIR, Volumes I and II,including specific text revisions to the Draft EIR,with Errata to the Staff Report,and considered all written and oral testimony submitted at the public hearings,and WHEREAS,following the public hearing,the Planning Commission recommended to the City Council that it certify the Final Environmental Impact Report for the Schaefer Ranch Project/General Plan Amendment,as complete,adequate,and in compliance with CEQA and the City of Dublin's Environmental Guidelines, and WHEREAS,the Planning Commission recommended to the City Council adoption of the Schaefer Ranch Project General Plan Amendment,and EXHIBIT 1 (PC Peso 94-028) WHEREAS,Schaefer Heights,Inc.,and Schaefer Heights Associates submitted a revised Planned Development(PD)Prezoning request for the Schaefer Ranch project site,for approximately 500-acres (including the Gibbs property);and WHEREAS,the Planning Commission held a public hearing to consider the Planned Development (PD)Prezoning request on June 18, 1996;and WHEREAS,proper notice of this public hearing was given in all respects as required by law;and WHEREAS,no new effects could occur and no new mitigation measures would be required for the prezoning that were not addressed in the Final Environmental Impact Report for the Schaefer Ranch project,and the prezoning is within the scope of the Final Environmental Impact Report;and WHEREAS,the Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the PD Prezoning,subject to conditions prepared by Staff;and WHEREAS,the Planning Commission used their independent judgment,heard and considered all said reports,recommendations and testimony hereinabove set forth. NOW,THEREFORE,BE IT RESOLVED THAT THE Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Prezone: 1. The Planned Development Prezone,as conditioned,is consistent with the general provisions, intent,and purpose of the PD District Overlay Zone of the Zoning Ordinance and the General Plan as amended by action of the City Council on May 14, 1996,effective June 14, 1996. The Planned Development Prezone will be appropriate for the subject property in terms of providing General Provisions which set forth the purpose,applicable provisions of the Dublin Zoning Ordinance,range of permitted and conditionally permitted uses and Development Standards;which will be compatible with existing commercial,industrial and residential uses in the immediate vicinity,and will enhance development of this area;and 2. The Planned Development Prezoning,as conditioned, is consistent with the Planned Development provisions of the zoning ordinance and the general nature and character of the project as approved under the General Plan because the project would create development within the densities allowed by the land use designation proposed with the General Plan Amendment,processed concurrently with the project;and 3. The Prezoning,as conditioned,is appropriate for the subject property in terms of being compatible to existing land uses in the area,and will not overburden public services;and 4. The proposed Planned Development Prezoning,as conditioned,will benefit the public necessity,convenience and general welfare in that it conforms to the provisions of the City's zoning ordinance. 5. The proposed Planned Development Prezoning,as conditioned,will provide efficient use of the land and will preserve significant open areas and natural and topographic landscape (PC Reso 94-028) C� - 2 - / a U features;will provide an environment which will encourage use of open areas for neighborhood activities;will be compatible with and enhance development of the general area;and will create an attractive,efficient and safe environment. 6. The Prezoning will not have a substantial adverse effect on health or safety,or be substantially detrimental to the public welfare,or be injurious to property or public improvements,as all applicable regulations will be met. 7. The Planned Development Prezoning will not overburden public services as all agencies have commented that public services are available;and 8. The Planned Development Prezoning will benefit the public necessity,convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance;and 9. The Planned Development Prezoning will be compatible with and enhance the general development of the area because it will be developed pursuant to Conditions of Approval and site development review;and 10. The Planned Development Prezoning is within the scope of the Schaefer Ranch Final EIR. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends City Council approval of PA 94-028 Schaefer Ranch project revised Planned Development(PD)Prezoning request and adoption of an Ordinance establishing the PD Prezoning,subject to the general provisions listed below: GENERAL PROVISIONS A. Purpose The PD District Overlay Zone allows the flexibility needed to encourage innovative development while ensuring that the goals,policies and action programs of the Dublin General Plan are met. More particularly,the PD Overlay Zone is intended to ensure the following policies: 1. Allow and encourage mixed use residential and commercial development in order to meet specific housing and employment needs,reduce vehicular trips,and foster pedestrian access to shopping and employment areas. 2. Concentrate development on less environmentally and visually sensitive or constrained portions of the plan area and preserve significant open space areas and natural and topographic landscape features with minimum alteration of land forms. 3. Encourage innovative approaches to site planning,building design and construction to create housing products for all segments of the community,including commercial and office structures. 4. Encourage higher intensity development near transit corridors. (PC Reso 94-028) - 3 - fo �� 5. Create an attractive,efficient and safe environment. 6. Develop an environment that encourages social interaction and the use of common open areas for neighborhood or community activities and other amenities. 7. Create an environment that decreases dependence on the private automobile. The PD Overlay map(Exhibit 1-A)shows that a Planned Development Prezone has been adopted for this site. Regulations and standards governing the PD District Overlay Zone,in addition to land use and intensity of use,are established in conjunction with the Land Use and Development Plan which is approved along with this PD Prezone. No development shall occur for any property within the prezoned project area unless it is consistent with the land use designations,regulations and standards established by the Land Use and Development Plan. B. Land Use and Development Plan This approval is for a Planned Development(PD)Prezoning Overlay diagram,and Land Use and Development Plan for PA 94-028 Schaefer Ranch. The land use designations and provisions shall be applied to this site as defined in this approval,and as generally shown on the"Schaefer Ranch Zoning District Map",Attached as Exhibit 1-B,with the following modifications: 1. Land Use Designations for Parks and for Semi-Public land uses shall be removed from the Zoning District Map and replaced with the appropriate adjacent PD Residential designations. Floating symbols for Parks and Semi-Public land uses shall be shown within the PD Single Family Residential zoning districts and the PD Estate Residential zoning districts on the PD diagram, with a notation that the exact sizes and locations of these land uses are to be determined,prior to the approval of a Tentative Subdivision Map by the City Council. 2. The maximum number of dwelling units allowed for the project site is 474 units. The PD Estate Residential zoning district can accommodate up to 15 dwelling units,and the PD Single Family Residential zoning district can accommodate up to 459 dwelling units. With the above noted modifications,the Schaefer Ranch Zoning District Map(Exhibit 1-B)shall constitute the Land Use and Development Plan required by Section 8-31.16 of the City of Dublin Zoning Ordinance. Additional standards and provisions for the land uses approved by this plan,which are typically part of a PD Prezoning and/or Land Use and Development Plan are as stipulated below in the Provisions and Conditions of this approval,and will provide the City with a comprehensive plan of the proposed development to insure that the intent and purposes of the Planned Development District are met. C. Dublin Zoning Ordinance-Applicable Requirements Except as specifically modified by the provisions of the PD District,all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this PD District. (PC Rew'94-028) - 4 - II zX D. PD District Overlay Zone-Land Use Designations-General Provisions 1. PD-Estate Residential Intent: Estate Residential land use designations are established to accommodate low- intensity residential activities and other open space uses,such as range and watershed management. They are also established to provide space for and encourage such uses in places where more intensive development is not desirable or necessary for the general welfare. Intensity of Use: 0.01-0.8 dwelling units per gross acre Permitted Uses: a. One-family"estate"dwellings,custom homes. Not more than one dwelling unit shall be permitted on each site; b. Field crop,orchard,garden; c. Home occupations conducted in accordance with the regulations prescribed in Section 8-60.22 of the Zoning Ordinance; d. Public or private riding or hiking trails; e. Accessory structures and uses located on the same site with a permitted use, including barns,stables,coops,tank houses,storage tanks,windmills,other farm outbuildings,private garages and carports,storehouses,garden structures, greenhouses,recreation rooms and hobby shops,and storage of petroleum products for the use of persons residing on the site; f. Small family day care homes. g. Neighborhood Parks to serve the adjacent homes Conditional Uses: a. Public and semi-public facilities; b. Community facilities; c. Community clubhouse; d. Parking lot,only when established to fulfill the residential parking requirements of this chapter for a use on an abutting lot or lots: e. Plant nursery or greenhouse used only for the cultivation and wholesale of plant material(wholesale only); f. Medical or residential care facility(7 or more clients). g. Large family day care homes; h. Second Units. 2. PD-Single Family Intent: Single Family land use designations are established to: a)reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety;b)ensure adequate light,air,privacy and open space for each dwelling;c)provide space for semi-public facilities needed (PC Reso 94-028) to complement urban residential areas and for institutions that require a residential environment;and d)accommodate single family production housing,including a wide range of units from small-lot and zero-lot line units to large-lot custom units. Intensity of Use: .9-6.0 dwelling units per acre Permitted Uses: a. One-family dwellings; b. Orchard or garden; c. Accessory structures located on the same site with a permitted use,including private garages and carports,storehouse,garden structures,greenhouses, recreation rooms and hobby areas within an enclosed structure; d. Home occupations conducted in accordance with the regulations prescribed in Section 8-60.22 of the Zoning Ordinance; e. Small family day care homes. f Neighborhood Parks to serve the adjacent homes Conditional Uses: a. Public and semi-public facilities; b. Community facilities; c. Community clubhouse; d. Parking lot,only when established to fulfill the residential parking requirements of this chapter for a use on an abutting lot or lots; e. Plant nursery or greenhouse used only for the cultivation and wholesale of plant material(wholesale only); f. Medical or residential care facility(7 or more clients); g. Large family day care homes; h. Second Units. 3. PD-Commercial Intent: Commercial land use designations are established to:a)accommodate a range of regional-serving and community-serving retail and mixed use projects incorporating retail,service and/or office uses with residential uses when location and design ensure compatibility;b)provide appropriately located areas for retail stores,offices,service establishments,amusement establishments,and wholesale businesses,offering commodities and services required by residents of the city and its surrounding market area;c)provide opportunities for retail stores,offices, service establishments,amusement establishments,and wholesale businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other;d)provide space for community facilities and institutions that appropriately may be located in commercial areas;d)provide adequate space to meet the needs of modern commercial development,including off-street parking and truck loading areas;and e)minimize traffic congestion and to avoid (PC Reso 94-028) - 6 - 13 _ 4 overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them. Permitted Uses: a. Community-serving retail uses including,but not limited to: 1. General Merchandise Store 2. Discount/Warehouse Retail Store 3. Clothing/Fashion Store 4. Shoe Store 5. Home Furnishing Store 6. Office Supply Store 7. Home Appliance/Electronics Store 8. Home Improvement/Hardware Store 9. Music Store 10. Hobby/Special Interest Store 11. Gifts/Specialty Store 12. Jewelry and Cosmetic Store 13. Drug Store 14. Auto Parts Store 15. Toy Store 6. Book Store 17. Pet Supplies Store 18. Sporting Goods Store 19. Grocery/Food Store,including specialty foods 20. Express mailing and packaging delivery center b. Regionally-oriented,high volume,retail uses including,but not limited to: 1) Discount centers; 2) Promotional centers; 3) Home improvement centers; 4) Factory stores; 5) Furniture outlets. c. Office and service establishments including,but not limited to: 1) Bank/Savings and Loan 2) Real Estate/Title Office 3) Travel Agent 4) Legal 5) Accounting 6) Medical and Dental 7) Optometrist 8) Architect 9) Employment Agency 10) Hair/Beauty Salon 11) Dry cleaner/Laundromat 12) Shoe Repair (PC Reso 94-028) 13) Key Shop 14) Tailor 15) Athletic Club 16) Formal Wear/Rental 17) Other Administrative and Professional Office 18) Technology Access Center 19) Tele-Commuting Center d. Hotels and Motels; e. Recreational and Cultural Facilities; f. Eating,Drinking and Entertainment establishments,including,but not limited to: 1) Restaurant 2) Delicatessen 3) Specialty Food 4) Bakery 5) Ice Cream Shop 6) Sandwich Shop 7) Video Rentals Conditional Uses: a. Attached and detached dwellings at densities established for the Medium,Medium High and High density land use designations; b. Auto Malls; c. Hospital; d. Animal Hospital,Kennel; e. Mortuary; f. Public and semi-public facilities; g. Community Facility; h. Service Station,Type A and Type B; i. Automobile,camper,boat and trailer sales,storage or rental lot; j. Plant nursery including the sale of landscaping materials,excluding wet-mix concrete sales,providing all equipment,supplies and merchandise other than plant materials are kept within a completely enclosed building; k. Adult Entertainment Activity,provided however,that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment activity; I. In-patient and out-patient health facilities as licensed by the State Department of Health Services; m. Wine or liquor store or bar with on-sale liquor license n. Micro-brewery o. Nightclub p. Indoor movie theater q. Video Arcade r Drive-through Facilities,including restaurants s. Instruction/teaching facilities t. Massage Establishment; (PC Reso#94-028) — 8 — I5 •)2 u. Recycling Centers,when operated in conjunction with a Permitted Use on the same premises; v. Fortunetelling; w. Other uses that could possibly meet the intent of the General Commercial land use designation. 4. PD-Semi-Public Land Uses Intent: Public Land Use designations shall be established within the project area to accommodate public uses including,but not limited to public utilities,services,parks, schools,and facilities necessary to serve the project.The exact location of these land uses,as well as the regulations and standards governing the Public Land Use zoning designations will be determined prior to Subdivision Map approval,at the time of Land Use and Development Plan approval,in accordance with Sections 8-31.0 through 8-31.19 of the Zoning Ordinance.Unless otherwise modified under this PD approval,all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to these land use designations. Permitted Uses: a. Semi-Public Land Uses:including sites for water tanks,water reservoirs,detention basins,or other similar public utilities uses. b. Park Land Uses:sites for neighborhood,community,or other public park facilities. c. Open Space Uses: including areas for public open space for preservation of natural resources,public health and safety,and outdoor recreational activities. d. Public Schools e. Public service facilities,such as fire protection,police,or emergency service facilities. f. Other uses that could possibly meet the intent of the Public Land Use designation. 5. PD-Open Space Intent: Open Space Land Use designations shall be established within the project area.The public open space areas are intended to provide for the preservation of natural resources,outdoor recreational activities,and public health and safety. The private open space areas are intended to provide for similar types of uses,in areas which are owned and maintained by a private homeowner's association. The exact location of these land uses,as well as the regulations and standards governing the Private Land Use zoning designations will be determined prior to Subdivision Map approval,in accordance with Sections 8-31.0 through 8-31.19 of the Zoning Ordinance.Unless otherwise modified under this PD approval,all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to these land use designations. Permitted Uses: a. Public and private Land Uses:including sites for private water tanks,water reservoirs,detention basins,or other similar public utilities uses. (PC Reso 94-028) b. Public and private Park Land Uses: including sites for neighborhood,community,or other public park facilities. c. Public and private Open Space Uses: including areas for open space for preservation of natural resources,public health and safety,and outdoor recreational activities. d. Other uses that could possibly meet the intent of the Open Space Land Use designation. 6. Interim Agriculture Designation Intent: Interim agricultural designations shall be established for the entire project area. This interim land use designation allows the existing residential and agricultural uses approved under Alameda County's Zoning Ordinance to remain until such time the landowners of these parcels apply for a PD Rezoning,accompanied with a Land Use and Development Plan in accordance with Sections 8-31.0 through 8-31.19 of the Zoning Ordinance. Regulations and Standards Governing the Interim Agricultural Zoning Designation: a. As specifically provided by the Interim Agricultural Designation,all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this land use designation. b. The Agricultural Districts(A Districts)provisions of the Alameda County Zoning Ordinance shall apply to properties with the Interim Agricultural land use designation. c. All properties with the Interim Agriculture land use designation shall conform to Sections 8-62.0 through 8-62.9 of the Zoning Ordinance relating to legal non-conforming uses and buildings. E. PD DISTRICT OVERLAY ZONE-OTHER LAND USE PROVISIONS&CONDITIONS OF APPROVAL: Unless stated otherwise,all Conditions of Approval shall be complied with prior to final occupancy of any building,and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval. [PL] Planning,[Bl Building,[PO]Police,[PW]Public Works,[ADM]Administration/City Attorney,[FIN] Finance,[PK1 Parks and Community Services Department,[F]Dougherty Regional Fire Authority,[DSR] Dublin San Ramon Services District,[CO]Alameda County Flood Control&Water Conservation District (Zone 7). 1. Yards,Setbacks&Development standards within the PD Residential district are as follows. a). Minimum Single Family Setbacks: The minimum setbacks for single family detached houses shall be as shown in the table below: (PC Reso 90-028) _ 10 — 17 �� TYPE OF PD Estate Lots - PD Single Family- PD Single Family- PD Duet Lots- STANDARD Neighborhood A Neighborhood B Neighborhood C Neighborhood D Building Site Per Land Use& Per Land Use& Per Land Use& Per Land Use& Development Development Plan Development Plan Development Plan Plan Minimum Lot 3.10 acres 6,000 sq.ft, 5,250 sq.ft. 4,500 sq.ft. Size Front Yard 25 feet 20 feet * 20 feet * 20 feet * Setback minimum** Rear Yard 100 feet; 15 foot 20 feet***; 15 15 feet***; 15 15 feet***. 15 Setback minimum clear foot minimum foot minimum foot minimum and level zone clear, level zone clear, level zone clear, level zone Side Yard 50 feet setback 5 feet minimum 5 feet minimum 5 feet minimum; Setback minimum; 5 foot on one side, 10 on one side, 10 5 foot wide clear (interior) wide minimum feet on other; 5 feet on other; 5 and level zone clear and level foot wide clear foot wide clear each side yard. zone each side and level zone and level zone (no projections yard. (1 foot each side yard (no each side yard. into setback projection of projections into (no projections allowed) fireplace or A/C setback allowed) into setback unit into setback allowed) allowable) Side Yard 50 feet from 10 feet from back 10 feet from back 10 feet from Setback back of sidewalk of sidewalk or of sidewalk or back of sidewalk (corner) or back of curb back of curb back of curb or back of curb if no sidewalk exists Side Yards 100 feet total 15 feet total 50 feet total 10 feet between Aggregate aggregate side aggregate side aggregate side buildings yard setback; yard setback; 15 yard setback; 15 100 feet feet between feet between between buildings. buildings. buildings. * Exception -Front Yards: 15 foot minimum for units with side vehicular entrance garages **Exception-Front Yards: Custom homes may deviate from the 25 foot minimum setback subject to approval of Site Development Review finding that either the topographic or vegetative constraints of the site prevent the development from complying with the 25 foot minimum setback. *** Exception -Rear Yards: 1) See Section 8.26.6.1 Alternate Provision of Rear Yard (compensating yards) of the Dublin Zoning Ordinance. 2) 10 foot minimum for shade structures attached to the unit provided the shade structure is not enclosed (enclosed means (PC Reso 94-028) — 11 — 13? �� more than one vertical wall). 3) 10 foot minimum setback for second story decks,however second story decks encroaching within the required Rear Yard setback on lots with their rear property line adjacent to other residential lots shall require Site Development Review approval. b). General Residential Yard Provisions: 1) Except as stated within this PD Prezoning approval,fireplaces,chimneys and air conditioning units shall not encroach within the required clear and level zone. Other encroachments shall be subject to Planning Director review and approval. 2)Except as prohibited under setback requirements above,roof eaves,pop-outs,bays, architectural projections and columns may project into required yards subject to compliance with building code requirements. 3)On lots where the minimum rear yard clear and level zone can not be provided due to topography or vegetation constraints,decks of comparable area shall be required subject to Site Development Review approval. c). General Commercial District Yard Setbacks:The minimum setbacks for retail/office/commercial buildings shall be as follows: TYPE OF PD I-General Commercial STANDARD Building Site Per Land Use&Development Plan Minimum Lot Size Per Land Use&Development Plan Front Yard Setback 30 feet minimum Rear Yard Setback 30 feet Side Yard Setback 30 feet (interior) Side Yard Setback 30 feet (corner) Side Yards Aggregate 60 foot total aggregate side yard setback 2. Building Height: RESIDENTIAL: 32 foot maximum or two stories at any one point. Building height shall be measured from the finished grade at the perimeter of the building to the top of the structure. However,architectural features and elements may exceed this provision by a 2 foot maximum,and a gable element may exceed this provision by 5 foot maximum. COMMERCIAL: 45 foot maximum height at any one point,and 35 feet maximum if the building or structure is situated within fifty(50)feet of the boundary line of a residential district. Building height shall be measured from the finished grade at the perimeter of the building to the top of the (PC Row'34-028) — 12 — 19 �� structure. Exception: Building height for architectural features and elements may exceed this provision by an amount approved at the time of Site Development Review approval. 3. Parking for Residential districts shall include a minimum of 2 covered parking spaces per dwelling unit. Parking for Commercial uses shall conform to the requirements of the Dublin Zoning Ordinance. 4. Except as specifically modified by the provisions of this PD District,all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to development within this PD District. 5. Except as may be specifically provided for within these General Provisions,development shall comply with City of Dublin Site Development Review Standard Conditions. 6. Except as may be specifically provided for within this PD,development shall comply with City of Dublin Police Services Standard Residential Building Security Recommendations. 7. Appropriate vehicular access to open space shall be provided and maintained on a continuous basis,and design of the trail head and trail system shall be subject to the review and approval of the City of Dublin Parks and Recreation Department,Police Services,Fire Chief,Public Works Director,Community Development Director,and East Bay Regional Parks District. 8. Sites for public facilities including potable and recycled water storage tanks are not conclusively located by master planning conducted to date by the Dublin San Ramon Services District. Public Facility sites must retain flexibility for location due to ongoing system master planning. 9. Major modifications,or revisions to the project not found to be in substantial conformance with this PD Prezone shall require a new PD Rezone in compliance with Section 8-31.16 of the City of Dublin Zoning Ordinance. A subsequent PD Prezone or Rezone may address all or a portion of the area covered by this PD Prezone. Minor deviations from the conditions established herein may be made through the Site Development Review process,as required by the Dublin Municipal Zoning Code.The Community Development Director shall determine conformance or non- conformance and appropriate processing procedures for modifying this PD Prezone(i.e.staff approval,Planning Commission approval of Conditional Use Permit,or City Council approval of new PD Rezone). 10. CC&R's shall be subject to review and approval of the Community Development Director prior to recordation of the Final Subdivision Map. 11. Site Development Review: All structures shall be subject to the Site Development Review procedures established in the City of Dublin Zoning Ordinance unless a Site Development Review waiver is approved by the Planning Director and a zoning approval is granted,constituting a minor project,and building permit plans are in accord with the intent and objectives of the Site Development Review procedures. (PC Row 34-028) F. Public Facilities Fees Provision To implement General Plan Implementing Policy 2.1.3(C),the developer shall fund a study to update the "Public Facilities Fee Justification Study"("Study")prepared for the City by Recht Hausrath&Associates, dated March 7, 1996,to include the project within the development projections used in the Study,to recalculate the amount of the City's adopted Public Facilities Fee(Citywide)to include the project and to establish a fee for Neighborhood Parks(Land and Improvements)for the Western Extended Planning Area. The developer shall pay the Public Facilities Fee in the amounts set forth in Resolution No.32-96(as such resolution may be amended)at the time the Fee is payable pursuant to the resolution. G. Street Improvements Provision In addition to the street improvements identified in the Environmental Impact Report,the project will be responsible for contributing toward reimbursements to the City for the improvement of existing City Streets identified as benefiting the project. This includes intersection improvements and widening of Dublin Boulevard from Silvergate Drive to Hansen Drive,which is identified in the City's adopted Five Year Capital Improvement Program, 1994-1999,and which stipulates that development in the Western Dublin area will be required to contribute to this project. The Schaefer Ranch applicant shall pay its fair share of this improvement project,and the applicant's fair share of the cost of these improvements shall be payable prior to issuance of the first building permit for this project. H. Traffic Impact Fee Provision The City of Dublin is currently studying the adoption and implementation of a regional traffic impact fee for roadway and street improvements in the Tri-Valley area,and a downtown traffic impact fee for roadway and street improvements in Dublin. These fees will provide for Public Works projects to improve traffic circulation for accommodating new development within the City. If a regional traffic impact fee ordinance and/or a downtown traffic impact fee ordinance is/are approved and enacted prior to issuance of any building permits,the Applicant shall pay its fair share of the traffic impact fees. I. School Facilities Impact Mitigation Provision The Dublin General Plan addresses the City's cooperation with the Dublin Unified School District to ensure the adequate provision of school facilities in the Extended Planning Area. The Schaefer Ranch EIR requires the issue of attendance areas between the Castro Valley Joint Unified School District and the Dublin Unified School District be resolved prior to occupancy of any residential units. It also requires the project's Development Agreement to provide for the applicant's payment of fees to cover the cost of additional students generated by the project. Because fees authorized under State Law may be inadequate to mitigate the effects of new development on the Dublin Unified School District and the Castro Valley Joint Unified School District,the City of Dublin intends to require that development within the Schaefer Ranch project component of the Western Dublin Extended Planning area mitigate impacts on affected school districts required to serve student population generated by new development. In compliance with the above policies,prior to Council approval of the Planned Development Prezoning,all developer(s)of property subject to the Prezoning shall enter into a written mitigation agreement with the affected school district and present satisfactory evidence of such agreement to the City. The mitigation (PC Reso 24-028) - 14 - zI ao/ agreement shall establish the method and manner of financing and/or constructing school facilities necessary to serve the student population generated by the development. The mitigation agreement shall address the level of mitigation necessary,the amount of any school impact fees,the time of payment of any such fees and similar matters. The City may be a party to any such agreement only for the purposes of assuring uniformity with respect to different property owners and appropriate land use planning. J. Fiscal Impacts Provision The Dublin General Plan requires that the approval of new residential development in the extended planning areas will require determination that the fiscal impact of new residential development supports itself and does not draw upon and dilute the fiscal base of the remainder of the City. Before this site is annexed to the City of Dublin,the project proponents will be required to demonstrate that the City's financing policies are met,which may require updates to existing financial studies undertaken by the City. Therefore,prior to the effective date of the annexation of this project site to the City of Dublin,the proponents of the prezoning and annexation shall enter into an agreement with the City that will guarantee that the financing goals and policies of the Dublin General Plan are met. K. Dedication of Open Space Provision Prior to the City's approval of a Land Use and Development Plan and Tentative Subdivision Map for this project,the Applicants shall present to the City evidence of the East Bay Regional Parks District's agreement to accept ownership and operational and maintenance responsibility for the proposed Open Space,in a form acceptable to the City of Dublin. The City shall be involved in any discussions regarding the potential formation of any assessment districts to fund the operation and maintenance of the open space. L. Public Services Provision The City's approval of future development(i.e.Tentative Subdivision Map)based upon the approved Land Use and Development Plan(Exhibit 1-B,"Zoning District Map")will require demonstration that the proposed project can secure the basic and essential services necessary for the development,such as access (legal and practical),water supply,sewage disposal,and emergency services,as required by the City of Dublin General Plan,Municipal Code and Ordinances. M. Site Development Standards Provision Site development standards to supplement the approved Land Use and Development Plan(Exhibit 1-B, "Zoning District Map")shall be submitted to the City prior to any Tentative Subdivision Map approval for this property to ensure that the purpose of the PD District Overlay Zone,as detailed in the introductory section of this ordinance,is met. Site development standards typically included within a Prezoning Land Use and Development Plan include,but are not limited to:roadway design standards;soundwall,fencing, and decorative wall features;entry monument treatments;streetscape designs;landscaping concepts;and other specialized architectural or design standards which contribute to the uniqueness of the project. N. Environmental Impact Mitigation Provision The approval of land use zoning designations for the Schaefer Ranch Project has been reviewed under the California Environmental Quality Act(CEQA),and mitigation measures have been presented for certain (PC Reso a4-028) — 15 — environmental impacts. The approval of a Planned Development Prezoning shall include the provision that the mitigation measures appropriate and required by the City upon certification of the EIR shall be applied and implemented with the project. PASSED,APPROVED AND ADOPTED this 18th day of June, 1996 AYES: NOES: ABSENT: Planning Commission Chairperson Community Development Director (PC Reso 94028) - 16 - C-3 • ' s ..• • ... ��\ CAN RAMON Lfa I` . • .11 29 {,. �. j 1 "rod -r\ • 'kr .) �,.•_.1.— 'Ir'`"1.t r M 0 �r , ers. / .r A , �ir0110 Ile .17 •ye: / ••\ �..21 I'•, :i Ccjy 1. "M a DQpt) :;s oido/ rto :,r. �..._:_. - L..-41 O \r� i .\. ''.• .-. OF \Y" n llamon I 1 1 ., ,:, , •71� a, 11 . - �� G, ` ``\,?,VA r,' CI {t:i\\ 1 � • • ` ,I- o 1! .)r�r�l 1. ,�� I\ I• t TIT_ \ Ro�..don,�i iw1.t+t�—• • { 73 -ter•,• !� r '' • I ; Vill.,I J it s, 32 , .. t.,. '..~ -;■(`�, .,'.l r`�` '• TT •DUBLIN,;: ` ! -1.,.. w�'. Si mro,..1&. .7. ':... . Taller:— I :•I ° yw�r 11 '7 • - 1 , �'.• �Jo.' �y L`j'tl�°�II;' 4.y1`:\17 w • PD j P^ I U l A y. I 5eo rJ # 94-028 \ '' 1- - h; it VI .....,, .., 1 a=3�'1M I t ,�I ram,. I, I r, V. -2 )1 (',I-?..nr; i.? \I I ` ,,.. `' 1 , , . \'rT . t s� q\ f r \ > r JJJ/J r . V: 1 ' ‘ \., 1 r' ,I, $ PLEASANTON 1• / ! Li ` ri-( ,.•r .I! . r• • 11l 11 �) Ie^ 1 ' ) it. r. v. y\i I • J 2pI 4 Yf.�•..11 ' •I �'� A J.4 .l�l , ,.' J G ��'14 q A \ s''11 y/. g-1 �''s-.1 .g 1 4t �,OU f S,1 ;t• LJ�:� ,( .TY. ty\ V1 �•�i c . .U.Ie '� / C.. •i ,.'\v v S 11!! ,.I L A, 3 1, r.".:wr:�'V` s k�- „It. �. � C' 1 . ,,'J ) e, J? lte 1 P. ., - w .sr,»,.. \ \ibl I \ r i pr -:,..„,..', ," \I J 1,a,,„,J "u , ,{ (t' ;/1 I�\ 1 ., �. \ s; 1 �`*' 1 !. rll\ J M I ,n.P--:,�' • �, . ''S!( \ 1` 1 • '.., (� Aa _ ),I/ 1-,.••�';' ..t ir� ( ' '- I Y •. t l 1 f ' dh r tee+'J'r(r -..J, ' -. •,,... t, ,`',.Jll (\ rf ?!I)' , \„‘.�• - .. r:rt: -1 L_. ------------------ i PLANNED "PD" OVERLAY ZONE DEVELOPMENT DIAGRAM PREZONING SCHAEFER RANCH EXHIBIT 1 - A c,,,-.7? r-,7: di Li t 1 ' • SUMMARY OF PRE-ZONING DESIGNATIONS -J ,, 4r11 CATEGORY APPROXIMATE ACREAGE PD ESTATE RESIDENTIAL 104.2± PD SINGLE FAMILY 95.6± -0.8 DU/Gross gcre PD COMMERCIAL/INDUSTRIAL 6.2 . �6.0 DU/Gross Acre PD OPEN SPACE(PRIVATE) 69.7± SP SEMI-PUBLIC 8.8± •" •: P PARK 0.6± NP NEIGHBORHOOD PARK 16.8± OS OPEN SPACE(PUBLIC) 198.1± TOTAL 500.0±Acres OS 0 150 yam, MPS .. GRAPHIC SCALE: 1'=300' ►' '. ' ..: EXHIBIT 1-B FINAL ENVIRONMENTAL IMPACT REPORT FOR SCHAEFER RANCH PROJECT GENERAL PLAN AMENDMENT April 1996 (document sent under separate cover) ATTACHMENT A DRAFT SCHAEFER RANCH PROJECT GENERAL PLAN AMENDMENT March 1996 (document sent under separate cover) ATTACHMENT B a-7 a� SCHAEFER RANCH PROJECT ZONING HISTORY 1989 Preparation of a Specific Plan and General Plan Amendment and Environmental Impact Report(EIR) for the entire Western Extended Planning Area began May,1992 City Council adopted resolution certifying the EIR for the Western Dublin General Plan Amendment and Specific Plan as adequate and complete July,1992 City Council adopted the Western Dublin General Plan Amendment and Specific Plan January 1993 Dublin Voters passed a referendum rescinding the City Council's adoption of the Western Dublin General Plan Amendment and Specific Plan July 11,1994 City Council approved a request submitted by Schaefer Heights Associates which authorized and initiated the Schaefer Ranch General Plan Amendment Study. The Council defined the study area boundaries,which initially included approximately 452 acres,and directed Staff to prepare a consultant contract for preparation of an Environmental Impact Report which analyzes the project. October 24,1994 City Council approved the Contract for Consultant Services for preparation of the Schaefer Heights General Plan Amendment EIR,and Amended the General Plan Amendment Study Area to include approximately 48 acres adjacent to the project site,owned by Dennis and Laurie Gibbs. March 21,1995 A Notice of Preparation of a Draft Environmental Impact Report was distributed by the City to public agencies potentially affected by the project,and to interested individuals,as required by the California Environmental Quality Act. June 13,1995 City Council approved the first Amendment to the Contract between the City of Dublin and WPM Planning Team,Inc.,to add a specialized fire service study to address fire protection impacts and issues raised in response to the Notice of Preparation distributed for the project. October 5,1995 City Administration Staff approved a minor revision to the Contract between the City of Dublin and WPM Planning Team,Inc.,to add supplementary Noise and Traffic analyses. December 21,1995 A Notice of Completion of the Draft Environmental Impact Report (EIR)was mailed to affected public agencies,organizations,and interested individuals. A copy of the Draft EIR was mailed to affected public agencies and made available for public review,and the public comment period was opened on December 27,1995. January 16,1996 Study session and public input meeting regarding the EIR held before the Planning Commission, February 20,1996 Additional study sessions and public input meetings regarding the EIR were held before the Planning Commission,and public comment period was closed May 23,1996 The draft General Plan Amendment document,and Final EIR,including Draft EIR with revisions,and Responses to Comments on the Drsft EIR,was circulated for public review June 4,1996 Planning Commission held public hearing,and,after considering the Staff Report and supplemental background information,recommended to the City Council that it certify the Final Environmental Impact Report for the Schaefer Ranch Project/General Plan Amendment,as complete,adequate,and in compliance with CEQA and the City of Dublin's Environmental Guidelines, and also recommended to the City Council adoption of the Schaefer Ranch Project General Plan Amendment. ATTACHMENT C CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 18, 1996 • TO: Planning Commission FROM: Planning Staff n, PREPARED BY: Carol R.Cirelli,Senior Planner SUBJECT: City of Dublin Wildfire Management Plan RECOMMENDATION: 1) Hear staff presentation 2) Take testimony from the public 3) Question staff and the public 4) Deliberate 5) Adopt draft Resolution Exhibit B recommending City Council adoption of the City of Dublin Wildfire Management Plan;or give staff direction and continue the matter. GENERAL INFORMATION: PROJECT: As the Eastern Dublin General Plan Amendment/Specific Plan EIR requires,the City has completed a draft Wildfire Management Plan that will reduce the risk of open land wildfire while protecting wildlife habitat and other open space values. LOCATION: Wildfire Management Plan-Citywide ANALYSIS: At the last June 4, 1996 Planning Commission meeting,staff presented the draft Wildfire Management Plan and noted that Jennifer Lin,an Eastern Dublin land owner,had some major concerns with some of the document's provisions. At the same Planning Commission meeting,MacKay&Somps, the engineering firm representing Jennifer Lin,presented a letter addressing these concerns(see Attachment 1). In order to resolve these issues,staff met with MacKay&Somps and Fire Chief Karl Diekman on June 7, 1996. The major issues resolved include the following: 1)fire buffer requirements for development adjacent to undeveloped land vs.open space;2)Wildfire Management Plan inconsistencies with the Eastern Dublin Specific Plan regarding retention and promotion of native plant and wildlife habitats;3)definition clarifications;4)buffer zone criteria changes;etc. Exhibit B is the revised version of the Wildfire Management Plan. Due to the quick time frame for making these final document revisions,staff will be explaining the document changes at the June 18, 1996 Planning Commission meeting. Item No._�� Copies To: Project File Admin.File Senior Planner PAGE.�... . g:\eastdubl\stream\6-4pcsr\crc Fh,.� � Staff recommends that the Planning Commission recommend City Council approval of the Wildfi%a Management Plan,as specified in the Draft Resolution,Exhibit B. The document satisfies the requirements of the Eastern Dublin General Plan Amendment/Specific Plan and EIR. ATTACHMENTS: Exhibit A: City of Dublin Wildfire Management Plan Exhibit B: Resolution Recommending City Council Approval of Exhibit A Background Attachments: Attachment 1: Responses to MacKay&Somps'Comments g:\e a std u bl\wi Idf ire\6-18 pcsr\crc City Of Dublin Wildfire Management Plan Or Di/4e? x‘\ 19 82 Developed by: The City of Dublin in cooperation with the Dougherty Regional Fire Authority Adopted: 1996 Resolution No. EXHIBIT A r;c CITY OF DUBLIN WILDFIRE MANAGEMENT PLAN PURPOSE The purpose of this plan is to reduce the risk of open land wildfire to the lowest practical level consistent with reasonable protection of wildlife habitat and other open space values. AUTHORITY Adopted by the Dublin City Council Resolution Number dated , 1996. REQUIREMENTS SATISFIED This plan,when implemented,will create effects or satisfy requirements as follows: • Implementation of the Wildfire Management Plan is the responsibility of the City of Dublin. • Vegetation and habitat(in open space)will only change as a result of natural forces or other actions,since this plan does not impose requirements into open space. • This plan,when implemented,provides a Fire Buffer Zone between open space/undeveloped lands and developed properties;therefore,no additional brush control measures are required where this plan is utilized. • Vegetation growth within areas affected by this plan will be monitored in two ways. First,all areas will be inspected in accordance with the Fire Department's Nuisance Abatement Program. Second, whenever any building,grading or other activity affects open space or Fire Buffers,it will be reevaluated. • Wildlife habitat will be evaluated by the City when any change is proposed in open space areas. APPLICABILITY This Wildfire Management Plan applies to all new development within the City of Dublin. DEFINITIONS Adjacent to Open Space-This refers to,commercial parcels and residential lots which have a point of contact with open space. Adiacent to Undeveloped Land-This refers to,commercial parcels and residential lots which have a point of contact with undeveloped land. Fire Buffer Zone-Areas A,B,C and D of the"Vegetation Establishment and Maintenance Guidelines" contained in this plan. City of Dublin Wildlfire Management Plan Page i July 9,1996 _� • Irrigated-To supply water to the Fire Buffer Zone artificially by means of pipes,pumps,etc. Landscape Plan-This plan specifies the plantings which are to be utilized in areas A,B,C and D of the Fire Buffer Zone. Open Space-For purposes of this plan,open space is defined as those lands which are set aside to remain permanently undeveloped. Undeveloped Land-For purposes of this plan,undeveloped land is that land which is available for development but no Tentative map has been approved,and land designated for governmental use for which no development plan has been approved. Vicinity Plan-Areas within 300 feet of boundaries or property lines of subdivisions,commercial parcels and residential lots. Vicinity Plans include property lines,structures,slope,vegetation,fuel breaks, water supply systems and access roads. ALTERNATIVE METHODS An applicant wishing to use alternative methods shall submit their request to the Fire Chief in accordance with the Uniform Fire Code,Section 103 as amended by the City or its designee. An applicant wishing to appeal a requirement placed upon them by the requirements of this plan shall file their appeal in accordance with the Uniform Fire Code,Section 103 as amended by the City or its designee. OWNERSHIP AND FINANCING OF MAINTENANCE FOR OPEN SPACE • The City requires that a responsible entity be selected or formed to be responsible for owning and maintaining open space. The City also requires that the owner of record and maintenance responsibilities to be disclosed to potential purchasers of property. Ownership of Open Lands Possible Forms of Ownership The City will evaluate each proposed project on The City will assign one or more forms of a case by case basis to determine ownership of ownership to all open space as it is developed. open space affiliated with the project. A determination of ownership will be made in the City Owned-When the City determines that the Mater Tentative Map development agreement,or needs will be best served by City ownership of in conjunction with the open space,the developer will be required to tract map approval. Once ownership is prepare the land according to all approved determined,responsibility for maintenance will be specifications and other requirements prior to assigned. transfer of ownership to the City. City of Dublin Wildlfire Management Plan Page 2 July 9,1996 • Developer/Home Owner Association Owned - Other Governmental Agency Provided- When When the developer retains control of the open the City approves ownership by a Governmental space, the City will require that the developer Agency,that Governmental Agency will provide post a bond adequate to ensure Fire Buffer Zone maintenance. All maintenance will be in development. The development agreement or accordance with City specifications at the site plan approval will specify performance expense of that Governmental Agency. standards for the developer to meet, regarding open space development. Possible Funding Sources for Maintenance Other Governmental Agency Owned-Only with The City will determine which is the most the City's approval can the ownership of open appropriate method of funding open space space be transferred to another governmental maintenance on a case by case basis. body. Methods include: Possible Maintenance Sources • New Assessment District Where not in conflict with other City policies • Annex to Existing Assessment District maintenance of the open space will be the • Privately Funded by a homeowner's responsibility of one party. A determination of association or similar body responsibility for maintenance will be made in • Other Funding Source conjunction with tract map approval or in the development agreement. Notice to Owners City Provided-When the City elects to maintain The developer will be responsible for disclosing open space,all associated expenses will be the to all purchasers of property the ownership and responsibility of the City. maintenance responsibilities and funding mechanism for open space which is affiliated with Home Owner Association Provided-When the the purchaser's property. In addition to any City requires a Home Owner Association to own notices required by law, this disclosure will be open space, all maintenance will be in recorded on the title at time of sale of the accordance with City specifications at the property. expense of the Home Owner Association. PLAN SUBMITTAL REQUIREMENTS Plans will be examined for compliance with the Wildfire Management Plan in accordance with the following schedule: Tentative Mao • Ownership of open space and Fire Buffer Zone Tentative map submittals will address the • Maintenance of open space and Fire Buffer following issues: Zone City of Dublin Wildlfire Management Plan Page 3 July 9,1996 • Funding mechanism for maintenance of open • Final Landscape plans space and Fire Buffer Zone. • Construction requirements for properties adjacent to open space and undeveloped lands Site Development Review Final Approval of the Completed Pr ject Prior to Plans submitted for site development review will Occupancy address the following issues: All sites,tracts and buildings will be subject to a • Design of the Fire Buffer Zone final inspection by each approving department. • Maintenance and Irrigation Plan for the Fire Departments will give final approval only after all Buffer Zone conditions which have been placed on it by that • Maintenance Plan for Open Space department have been complied with. • Maintenance Specifications • Budget for the Maintenance Program Fees • Preliminary Landscape plan for privately owned properties All fees to all departments must be current before • Vicinity Plan any of the following actions are taken: • Tentative Map Approval Building Plan Review • Site Development Review • Issuance of a Building Permit Building plan submittals will address the following • Final inspection of a Completed Project issues: prior to occupancy CONSTRUCTION REQUIREMENTS FOR BUILDINGS ON LOTS OR PARCELS ADJACENT TO OPEN SPACE AND UNDEVELOPED LAND Roof Covering are required and must be protected on the backside by materials approved for one-hour- Roof covering shall be Class A roof rated fire-resistive construction or 2-inch(51 coverings. For roof coverings where the mm)nominal dimension lumber. profile allows a space between the roof covering and roof decking,the space at the Gutters and Downspouts eve ends shall be fire stopped to preclude entry of flames or embers. Roof decking Gutters and downspouts shall be constructed shall be solid. Space sheathing shall be of noncombustible material. prohibited. Exterior Walls Protection of Eaves Exterior walls of buildings or structures shall Eaves shall be protected on the exposed be constructed with materials approved for underside by materials approved for one- one-hour-rated fire-resistive construction on hour-rated fire-resistive construction. Fascias City of Dublin Wildfire Management Plan Page 4 July 9,1996 7 the exterior side or with noncombustible tempered glass or multilayered glazed materials. panels. Exception: Heavy timber construction. Such Vents material shall extend from the top of the foundation to the underside of the roof Attic ventilation openings, foundation or sheathing. underfloor vents,or other ventilation openings in vertical exterior walls and vents through Unenclosed Underfloor Protection roofs shall not exceed 144 square inches each. Such vents shall be covered with Buildings or structures shall have all noncumbustible corrosion-resistant mesh with underfloor areas enclosed to the ground with openings not to exceed 1/4 inch. exterior walls. Attic ventilation openings shall not be located Exception: Complete enclosures may be in soffits,in eave overhangs,between rafters omitted where the underside of all exposed at eaves, or in other overhang areas. floors and all exposed structural columns, Underfloor ventilation openings shall be beams and supporting walls are protected as located as close to grade as practical. required for exterior one-hour-rated fire- resistive construction or heavy timber construction. Detached Accessory Structures and Fences Appendages and Projections Detached accessory structures located less than 50 feet from a building containing Unenclosed accessory structures attached to habitable space shall have exterior walls buildings with habitable spaces and constructed with materials approved for one- projections, such as decks, shall be of one- hour fire-resistive construction,heavy timber hour-rated fire-resistive construction, heavy construction or constructed with timber construction or constructed with noncombustible materials on the exterior noncombustible materials. side. When the detached structure is located and constructed so that the structure or any When the attached structure is located and portion thereof projects over a descending constructed so that the structure or any slope surface, the area below the structure portion thereof projects over a descending shall have all underfloor areas enclosed to - slope surface, the area below the structure within 6 inches of the ground, with exterior shall have all underfloor areas enclosed to walls. within 6 inches of the ground, with exterior Fences shall be separated from the walls. perimeter of buildings containing habitable space by connection to buildings as shown in Windows Figure 1 when the fence is made of combustible material. Exterior windows,window walls and skylights shall be tempered glass or multilayered Automatic Fire Sprinkler Systems glazed panels. Automatic fire sprinkler systems shall be Exterior doors required in all buildings that are adjacent to open space or undeveloped land. The Exterior doors, other than vehicular access installation of the automatic fire sprinkler doors to garages,shall be non-combustible or systems shall be in accordance with solid core not less than 1-3/4"thick. When standards approved by the City. windows are within doors, they shall be of City of Dublin Wildlfire Management Plan Page 5 July 9,1996 EXTERIOR BUILDING �r��,/,� LINE 1/2' SPACE MINIMUM 24" 4' EXTERIOR I drl�ts VENEER 4 - #5 24,__ MINIMUM • PLAN l 16' SQUARE CONCRETE BLOCK PILASTER 6'-O' I I EXTERIOR VENEER TO MATCH EXTERIOR FINISH I (STUCCO, BRICK, STONE, ETC.) 18' 24"X24'X18' CONCRETE GRADE BEAM MIN. DEPTH OR \I/CS REFER TO PROJECT SOILS NOTES, REPORT. 1. FILL ALL CELLS WITH GROUT. 2. MORTAR SHALL BE GRADE 'N'. 3. CONCRETE COMPRESSIVE STRENGTH ( SHALL BE A MINIMUM OF 2500 psl. 4. REBAR SHALL' BE GRADE 60. 5. NO SPECIAL INSPECTION. 4� DIA. ELEVATION MASONRY PILASTER AT FENCE / BUILDING SCALE, 1'=1' Figure 1 City of Dublin Wildlfire Management Plan Page 6 July 9, 1996 3 L STANDARDS FOR VEGETATION ESTABLISHMENT AND MAINTENANCE The City requires that all new development utilize the following standards for vegetation establishment and maintenance. VEGETATION ESTABLISHMENT GUIDELINES VEGETATION ESTABLISHMENT GUIDELINES 0% TO 10% SLOPE 10% TO 20% SLOPE API% l% oowraiove Wl:.IW..Liit. ° � ws�ooe o ' (i" 1� I id I I i I . 4 .,, 441444 A= The First 3 Feet The shaded areas(upslope)of A,B,C and D remain a constant Maintain an area of non combustible material- distance of 30 feet combined. The shaded area begins from the midsection of a structure. The unshaded areas(downslope)of B, flowers,plants,concrete,gravel,soil,etc. C and D increase with slope as detailed below: B= 4 thru 13 feet Thin trees to 10 feet between crowns. Prune A= The First 3 Feet limbs of all remaining trees to 15 feet or one- Maintain an area of noncombustible material- third the total live crown height,whichever is flowers,plants,concrete,gravel,soil,etc. less. . B= 4 thru 19 feet C= 14 thru 30 feet Thin trees to 10 feet between crowns. Prune Thin trees to 10 feet between crowns. Prune limbs of all remaining trees to 15 feet or one- limbs of all remaining trees to 15 feet or one- third the total live crown height,whichever is third the total live crown height,whichever is less. less. C= 20 thru 45 feet Thin trees to 10 feet between crowns. Prune limbs of all remaining trees to 15 feet or one- third the total live crown height,whichever is less. D= 46 thru 70 feet Thin trees to 10 feet between crowns. Prune limbs of all remaining trees to 15 feet or one- third the total live crown height,whichever is less. City of Dublin Wildfire Management Plan June 11, 1996 Page 7 VEGETATION ESTABLISHMENT GUIDELINES VEGETATION ESTABLISHMENT 20%TO 30%SLOPE GUIDELINES IN OTHER OPEN SPACE There are no requirements for vegetation reduction or modification in open space that is not affected by the guidelines for 0%to 10%Slope,10%to 20%Slope, 20%to 30%Slope or Greater than 30%Slope. L VEGETATION MAINTENANCE The city requires that a maintenance program be established for Fire Buffer Zone Areas.A,B,C and D that will maintain plant species according to city approved specifications. Maintenance programs ! should specifically prevent the introduction of unapproved species and plan for removal of bio mass,overgrowth and dead foliage. The maintenance program should also plan for the replacement of dead plants and plants which are beyond useful life. IRRIGATION The shaded areas(upslope)of B,C and D remain a constant distance of 30 feet combined.The shaded arca begins from the Where required for the establishment and/or midsection of a structure.The unshaded areas(downslope)of B, maintenance of plant species irrigation will be C and D increase with slope as detailed below: utilized. A= The First 3 feet OPEN SPACE ACCESS Maintain an area of noncombustible material- flowers,plants,concrete,gravel,soil,etc. All open space areas shall have two points of access B= 4 thru 24 feet suitable for wildland fire apparatus. Minimum Thin trees to 10 feet between crowns. Prune unobstructed width of the access way must be 20 limbs of remaining trees to 15 feet or one-third feet. Access points must be no more than 1500"' the total live crown height,whichever is less. from the furthest point of open space. Gates,when utilized,must meet the key control requirements of C= 25 thru 55 feet the fire department. • Thin trees to 10 feet between crowns. Prune limbs of remaining trees to IS feet or one-third ESTABLISHMENT AND MAINTENANCE OF 'the total live crown height,whichever is less. VEGETATION ON APPROVED LOTS D= 56 thru 100 feet Thin trees to 10 feet between crowns. Prune I. Plant species as shown for the area on the limbs of all remaining trees to 15 feet or one- Plant Species List may be established or third the total live crown height,whichever is retained in the appropriate area. less. 2. Lawns and native grasses may be utilized in VEGETATION ESTABLISHMENT all areas,except Area A where native grass GUIDELINES GREATER THAN 30%SLOPE is prohibited,provided they are kept mowed to a height of three to four inches. When When developed,slopes of greater than 30%shall be native grasses are utilized mowing will be evaluated on a case by case basis. limited to the months of May thru November. City of Dublin Wildfire Management Plan June 11,1996 Page 8 • I! 11 ESTABLISHMENT AND MAINTENANCE OF VEGETATION INTO PERMANENTLY • DESIGNATED OPEN SPACE Where Fire Buffer Zones extend into designated open space the plantings established in the Fire Buffer Zone will include only native grasses and native trees shown on the Plant Species List. Grasses in the Open Space will be kept mowed to a height of three to four inches. Mowing will only occur from the months of May thru November. Trees will be established and maintained in accordance with the appropriate zone. In Open Space where other than native grasses and native trees are utilized,plantings will be irrigated. ESTABLISHMENT AND MAINTENANCE OF VEGETATION ON UNDEVELOPED LAND Where Fire Buffer Zones extend into undeveloped land the plantings established in the Fire Buffer Zone will include only native grasses and native trees shown on the Plan Species List. Grasses in the Open Space will be kept mowed to a height of three to four inches. Mowing will only occur from the months of May thru November. Trees will be established and maintained in accordance with the appropriate zone. In undeveloped land where other than native grasses and native trees are utilized,plantings will be irrigated. DISCING Discing is not permitted in any Fire Buffer Zone or Open Space for Fire Protection purposes. TREES Trees from the Plant Species List or trees with like characteristics may be utilized in any zone. City of Dublin Wildfire Management Plan June II,1996 Page 9 City of Dublin Plant Species and Area of Use Table This table outlines plant species appropriate for planting in conjunction with the"Standards for Vegetation Establishment and Maintenance Guidelines." Species Name Characteristics Species-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content AREA A This area must contain non-combustible material. Irrigated flowers are the only suitable plant life. AREA B This area is suitable for all of the plant species shown for Area A above,and the following plant species. Aeonium arboreum-Atropurpureum Aeonium suc A tr. A A A 0 yes Aeonium undulatum Saucer Plant suc A A A A A 0 yes Agapanthus orientalis blue Lily of the Nile peren -Or ' t`r 'Or ' 0 yes Agapanthus"Peter Pan" Dwarf Lily of the Nile peren A A ' * A 0 yes Agave americana"Alba Picata"* Agave suc 0 0 * A A A no Agave attenuata"Nova"' Blue Agave suc 0 0 A A ' * yes Aloe arborenscens Torch Aloe suc t} A tt * ' 0 yes Aloe"Johnson's Hybrid" No Common Name suc ' A A A A 0 yes Aloe nobilis Aloe suc A A * tr tr 0 yes Aloe Striata Coral Aloe suc A tr. A A' ' 0 yes Aloe vera Medicinal Aloe suc A ' A A A 0 yes Aloe X spinosissima Spider Aloe suc tY A A A tf 0 yes Arbutus unedo Strawberry Tree tree 0 0 A * * 0 no Arctotheca calendua Capeweed gr cvr A t`r A * 0 * no Almeria alliacea* Sea Pink gr cvr A A 0 A A 0 no Almeria maritma* Sea Pink gr cvr A A 0 t} ' 0 no .J, lJ. Page 10 City of Dublin Plant Species and Area of Use Table Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low)- or large) Matter Content Armerica pseupaemeria Sea Pink gr cvr 'Or A' O Yc tr 0 no (formosana) Carissa grandiflora"Tuner" Natal Plum shrub 0 0 A' 7 tr O yes Carpobrofus edulis Hottentot Fig suc t1 A * O A 0 yes Cercis occidentalis* Western Redbud shrub A' A- A A A 0 no Coprosoma kirkii"Verde Vista" Prostrate Mirror Plant suc A A A A ti O yes Cotyledon barbenyii No common name suc A A tY A A O yes Cotyledon macrantha No common name suc A A tr. A A O yes Cotyledon orbiculata No common name suc A A A A A 0 yes Crassula arborescens Silver Jade Plant suc A A A 'Cr A 0 yes Crassula argentea"Pink Beauty" Pin Jade Plant suc A Yr A A A O no Crassula lactea Crassula suc A A A A A O yes Crassula lactea"Taylor's Patch" Crassula suc A ' A A A O yes Crassula multicava Crassula suc A A A A A O yes Crassula tetragona Crassula suc A A A A A 0 yes Delosperma alba White Trailing Ice Plant suc A A t} A A • 0 no Dietes"Lemon Drop" No Common Name peren A A A A A O no Dietes bicolor Yellow Wild Iris peren A A A A A 0 no Dietes vegeta White Fortnight Lily peren A A A 'Cr A O no Drosanthermum floribundum rosea Ice Plant peren A' A A A t? O no —4— Drosanthermum hispidum Ice Pant peren A A A A A O no C::) Page 11 City of Dublin Plant Species and Area of Use Table Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Duchesnea indica Mock Strawberry grd cvr t4 -A * * A- 0 no Dymondia margaretae No Common Name grd cvr A -Or - - A 0 no Echeveria"Blue Wave" Echeveria suc A * * A- A 0 no Echeveria"Pinkie" Echeveria suc - * A it t4 0 no Echeveria"Topsy Turvy" Echeveria suc A A A * A 0 no Erigeron"Moerheimii"* Fleabane peren ok ok 0 7 0 0 no Erigeron karvinskianus• Santa Barbara Daisy peren ok ok 0 7 0 0 no Fejoa sellowiana Pineapple Guava shrub 0 0 t4 A 0 A no Festuca ruba creeping* Red Fescue grd cvr tY tc O * O O no Fragaria chileoensis• Wild Strawberry grd cvr A tt A- A tY 0 no Gazania"Mitsuwa Orange" Orange Gazania grd cvr A A 0 A A 0 no Gazania"Mitsuwa Yellow" Yellow Gazania grd cvr A A 0 -Cr A 0 no Hemerocallis(assorted) Day Lily peren A A A A -Or O no Hesperaloe parviflora Red Yucca suc A A ' ' A A 0 7 Jasminum ligistifolium Shiny Leaf Jasmine vine A 0 0 tY A- 0 no Juniperus conferta Shore Juniper shrub . * - 0 0 0 oils no Kalanchoe pumila Kalanchoe suc * * ty A * O 7 Kniphofia uvaria Red Hot Poker pem A A A 0 A 0 no Lampranthus aurantiacus Bush Gold suc A A A it A 0 yes Lampranthus spectabilis rosea Trailing Ice Plant suc ty A A A A 0 yes �l Macademea"Dr.Beaumont" Macademea tree 0 0 A A A 0 yes Page 12 City of Dublin Plant Species and Area of Use Table - Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Malephora crocea Croceum Ice Plant suc tr * A * 'CI 0 yes Myoporum Parvifolium Prostrate Myoporum grd cvr * * 0 tY 0 0 yes Nerine masonorum Nerine bulb * * * A * 0 no Nerium oleander"Mrs.Roeding" Dwarf Pink Oleander shrub 0 0 0 A A 0 no Nerium oleander"Petite Salmon" Dwarf Salmon Oleander shrub 0 0 0 to A 0 no Pelargonium peltatum Ivy Geranium peren 0 'r 'Or A tr 0 no Phormium tenax"Maori Maiden" New Zealand Flax peren 0 0 0 A 0 0 no Phomium tenax"Maori Queen" New Zealand Flax peren 0 0 0 t`r 0 0 no Phormium tenax"Maori Sunset" New Zealand Flax peren 0 0 0 A 0 0 no Pittosporum c."Compacta" Dwarf Karo shrub 0 0 ilr tr * 0 no Pittosporum tobira"Wheeler's Mock Orange shrub * ' A * * O no Dwarf' Punica Granatum"Nana" Dwarf Pomegrante shrub 0 11' 0 4 0 0 no Quercus agrifolia* Coast Live Oak tree O * 0 tY 0 0 no Ribes vibumifolium' Evergreen Currant shrub O 0 A 0 * 0 no Scaevola"Mauve Clusters" Fan Flower grd cvr tr * 0 t4 * O no Schinus molle California Pepper tree 0 0 0 {} 0 0 no Sedum acre Stonecrop suc * -Cr tr. t`r C 0 yes Sedum album Stonecrop suc * * * * * 0 yes Sedum brevifolium Stonecrop suc * A * * * 0 yes Sedum confusum Stonecrop suc tf 'Cc tY * A 0 yes i v Page 13 City of Dublin Plant Species and Area of Use Table Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Sedum lineare Stonecrop suc tY zr A A} ' 0 yes Sedum rosea Rose Root suc ' ' Ak A A' 0 yes Sedum rubrotinctum Stonecrop suc A ' * ' t4 0 yes Sedum spathulifolium"Purpureum"* Stonecrop suc A} A A' A' A' 0 yes Senecio cinerea Dusty Miller peren * ' 0 A} 0 A} no Senecia kleinia"Mandraliscae" No Common Name peren AY A 0 A A} O yes Thevetia peruviana neriifolia Yellow Oleander shrub 0 0 0 ' Ak 0 no Trachelospermum jasminoides Star Jasmine vine 0 0 A} tlr Ak 0 no Tulbaghia violacea"Silver Lace" Society Garlic peren ' A} 0 0 A} 0 no Yucca Whipplei* Yucca peren * 0 0 A tr. 0 no AREA C This area is suitable for all of the plant species shown for Areas A and B above,and the following plant species. Achillea millefolium"Cerise Queen"* Pink Yarrow peren ' A} 0 t' A} ' no Achillea millefolium"Red Beauty"* Red Yarrow peren Ak ' 0 ' ' AY no Achillea millefolium whiten White Yarrow peren A} A} 0 A} Ak tY no Achillea taygetea"Moonshine"* Yarrow peren ' * 0 * Ak Ak no Achilles tomentosa* Wooly Yarrow peren A} Ak 0 A' ' Ak no Ajuga reptans Carpet Bugle grd cvr ' ' 0 Ak A} 0 no Arctostaphylos"Carmel Sur"* Manzanita shrub A' A} O 0 0 * no T5 Arctostaphylos"Emerald Carpet"* Manzanita shrub ' * O 0 0 0 no Page 14 City of Dublin Plant Species and Area of Use Table Species Name Characteristics • Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Arctostaphylos`Woods Red"* Manzanita shrub 7 7 0 0 0 7 no Arctotheca calendula Cape Weed grd cvr * * A A 0 A yes Artemisia"Canyon Gray"* Silver Wormwood shrub 0 0 0 0 0 * no Artemisia Caucasica Caucasian Sagebrush grd cvr A- A 0 0 0 tr no Artemisia pycnocephala* No Common Name shrub A A 0 0 0 it yes Atriplex nuttalli cuneata* Saltbrush shrub 7 7 0 A - A- yes Atriplex muttalli gardneri* Saltbrush shrub 7 7 0 A A A yes Atriplex semibaccata Australian Saltbrush shrub A A 0 A A A yes Centaureagymnocarpa Dusty Miller peren A A 0 A- O A no Centranthus ruber Red Valerian peren A - 0 A A 0 no Centranthus ruber"Albus" White Valerian peren A - 0 A A 0 no Cheiranthus Erysimum Cheiri Wallflower peren A - 0 A- A 0 no Coreopsis lanceolata"Sun Ray" Coreopsis peren A A 0 A A 0 no Diplacus longifolius* Monkey Flower peren 0 0 0 0 0 0 no Diplacus puciceus* Red Monkey Flower peren 0 0 0 0 0 0 no Elymus condensatus"Canyon Prince"* No Common Name grd cvr A - 0 0 0 0 no Eriogonum crocatum* Coastal Wild Gum peren A * 0 0 0 0 no Eriogonum grandiflora rubesens* Island Buckwheat shrub - A 0 0 0 0 no Eschscholzia califomica* California Poppy peren A A A A A 0 no Galvesia speciosa* Island Bush Snapdragon shrub 0 0 0 A A 0 no c--)c-' Gaura lindheimerii* Gaura peren A 0 0 7 - 0 no 'J Page 15 City of Dublin Plant Species and Area of Use Table Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little dead High Mineral Freeze Volume (dense (thick Matter Moisture Content Sensitive or low) or large) Content Ganzania leucoleana hybrids Trailing Yellow Gazania peren '` SY O A Si 0 no Gazania regens leucolaena Trailing Gazania peren ' A' 0 A * 0 no Geranium incanum Stork's Bill Geranium peren A A 0 0 A 0 no Geranium sanguuineum Geranium peren A * A A ' 0 no Helichrysum petiolatum"nana" Curry Plant annual A A 0 0 0 A yes Heuchera maxima' Coral Bells or Island Alum grd cvr A A A A 0 0 no Root Iris"Pacific Coast Hybrids"' California Iris peren A A 0 A Sr 0 no Koeleria glauca' Blue Hair Grass peren A ' 0 A 0 0 no Lantana motevidensis Lantana grd cvr A A' 0 0 A' 0 no Lavandula dentata French Lavender peren 0 0 0 0 A ' no Lavandula stoechas Spanish Lavender peren 0 0 0 0 A A no Limonium perezil Statice peren A A ' A A' A yes Linaria maroccana Toad-Flax annual A A 0 0 'A 0 no Myoporum parvifollium"Prostratum" No Common Name grd cvr A A A ' A 0 no Oenothera berlandieri Mexican Evening Primrose peren Yr A 0 A ' 0 no Osteospermum fruticosum African Daisy grd cvr A A 0 A A 0 no Pelargonium peltatum Ivy Geranium peren A A' A A A 0 yes Penstemon"Firebird"' Red Penstemon peren A' A 0 A A 0 no Penstemon"Midnight"' Beard Tongue peren A Lc 0 A A 0 no Penstemon"Skyline"' Penstemon peren A Sr 0 A' A 0 no \ : Page 16 City of Dublin Plant Species and Area of Use Table Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Penstemon heterophyllus* Penstemon peren t^r A 0 tY A 0 no Perovskia atriplicifolia Russian Sage peren 0 0 0 0 0 A no Phyla nodiflora Lippia grd cvr A' * 0 A A A no Rosmarinus officinalis"Prostrata" Rosemary shrub * 'Cr 0 O O oils no Salvia"Allen Chickering"* Sage shrub 7 7 7 0 0 A no Salvia aurea Sage peren O O L4 0 0 * no Salvia chamaedryoides Sage shrub * 'A 0 0 O tr no Salvialeucantha* Mexican Brush Sage shrub 0 0 0 O 0 is no Salvia leucopylla* Purple Sage shrub 0 O 0 0 0 t� no Salvia sonomensis"Dara's Choice"* Sage peren t4 ' 0 0 0 tir no Santolin Chamaecyparissus Grey Lavender Cotton peren O t' 0 0 0 A no Santolina virens Green Lavender Cotton peren O A' 0 0 0 A no Senecia"Vira-Vira" Dusty Miller shrub 0 0 O A O A no Silene maritima No Common Name peren * * O tl t4 w no Sisyrichium califomicum* Yellow-Eyed Grass peren 'Cr tr O A t' O no Stachysbyzantina Lamb Ears peren 'A' * O * t' O no Thyme praecox articus Thyme peren A A O A A oils no Thyme pseudolanuginosus Thyme peren A' * O * * oils no Trichostema lanatum* Woody Blue Curls shrub O O O A O oils no cy Vinca major Periwinkle grd cvr * * O * * O no O Vinca minor Myrtle shrub O O * * * O no Page 17 City of Dublin Plant Species and Area of Use Table Species Name Characteristics • Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Yucca whipplei* Yucca peren tr tr tr tr tr 0 7 AREA D This area is suitable for all of the plant species shown for Areas A,B and C above,and the following plant species. Alnus rhombifloira* White Alder tree 0 tr 0 tr tr 0 no Arctostaphylos"Dr.Hurd"* Manzanita shrub tr tr 0 7 0 0 no Arctostaphylos pajaroenses Pajaro Manzaita shrub 0 O 0 7 0 0 no "Paradise"* Carpobrotus edulis Iceplant Sea Fig suc tr tr tr tr 0 0 no Cercocarpus betuloides* Mt.Mahogany shrub 0 0 0 tr 0 0 no Ceanothus"Anchor Bay"* Mountain Lilac shrub tr tr 0 0 tr 0 no Ceanothus"Frosty Blue"* Mountain Lilac shrub 0 0 0 7 tr 0 no Ceanthothus"Joyce Coulter"* Mountain Lilac shrub 0 0 0 0 tr 0 no Ceanothus"Ray Hartman"* Mountain Lilac shrub 0 0 tr 7 A 0 no Ceanothus"Snow Flurry"* Mountain Lilac shrub 0 0 tr 7 A 0 no Ceanothus"Wheeler Canyon"* Mountain Lilac shrub 7 7 7 7 tr 0 no Ceanothus"Yankee Point"* Mountain Lilac shrub tr tr 0 tr tr 0 no Ceanothus"Point Reyes"* Mountian Lilac shrub tr. A 0 0 tr 0 no Ceanothus griseus horizontalis* Mountain Lilac shrub tr tr 0 0 tr. 0 no Heteromeles arbutifolia* Toyon shrub 0 0 tr tr tr O no Prunus lyonil* Catalina Cherry shrub O 0 tr tr tr 0 no Quercus agrifolia* Coffee Berry shrub 0 0 tr tr tr O no y Page 18 0 City of Dublin Plant Species and Area of Use Table Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Rhamnus crocea• Redberry shrub 0 0 tir it t} 0 no Romneya coulteri• Matilija Poppy peren 0 0 * 'A * 0 no GRASSES Bromus carinatus California brome grass A 0 0 0 zY 0 no Calamagrosti foliosa Leafy reed grass Calamagrostis nutkaensis Sand reed grass Danthonia californica California oat grass grass A 0 0 0 * 0 no Deschampsia caespitosa holciformis no common name grass tr 0 0 0 'A 0 no Elymus californicus California bottlebrush grass Elymus glaucus Blue wildrye grass A 0 0 0 * 0 no Elymus triticoides Creeping wildrye grass * 0 0 0 Y? 0 no Elymus virescens Coastal wildrye grass A 0 0 0 A 0 no Festuca califomica California fescue grass * 0 0 0 it 0 no Fescue califomica California fescue grass 'A 0 0 0 * 0 no Fescue idahoensis`Tomales Bay' Idaho fescue grass A 0 0 O .0,- O no Festuca rubra Red fescue grass A 0 0 0 * 0 no Festuca rubra"Jana's Blue" Red fescue grass * 0 0 0 * 0 no Koeleria macrantha no common name grass * 0 0 0 A 0 no Melica californica Western melic grass grass to 0 0 0 S} 0 no Melica imperfecta Small flower melic grass grass * 0 0 0 A 0 no Page 19 J City of Dublin Plant Species and Area of Use Table Species Name Characteristics Speicies-Latin Name Species-Common Name Form Little Form Leaf Little High Mineral Freeze Volume (dense (thick Dead Moisture Content Sensitive or low) or large) Matter Content Stipa sps. Needlegrass grass t} 0 0 0 tY 0 no TREES The following is a list of trees that have a combination of characteristics which make them less flammable and as such are permitted in Areas B,C and D. Speices-Latin Name Species-Common Name Characteristics Acer(many)** Maple • Growth structure which naturally provides for adequate separation between the tree canopy and ground(Citrus and Sequioa trees are exceptions). Aesculus califomica* Buckeye Citrus(man y)y) Orange,lemon,lime • Leaf shape,and size which make it less likely to ignite. Generallyleaves are bigor thick. g Cinnamomum camphora Camphor Tree Fraxinus(deciduous) Ash • High moisture content of the foliage. Usually deciduous trees have a higher moisture content. Liquidamber Sweet Gum • Little dead wood in the tree canopy. The listed trees generally do not hold onto or accumulate dead wood. Persimmon Persimmon Pistachia chinensis Pistachio Note:Other trees that have the same characteristics as the trees shown on this list may be utilized. Approval will be granted on a case by case bases. Populus* Poplar/Cottonwood Prunus(deciduous) Plums/Apples/Peaches Pyrus(deciduous) Pears Robiniana ambigua** Locust Hybrids Salix(free form)** Willows(tree form) Sequoia sempervirens Coast Redwood ' y .`' Page 20 J City of Dublin Plant Species and Area of Use Table Legend: 7 Unknown Property Has the Property O Does Not Have the Property * Native ** Some of this particular species are Native peren Perennial grd cvr Ground Cover suc Succulent Page 21 RESOLUTION NO.96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE THE CITY OF DUBLIN WILDFIRE MANAGEMENT PLAN WHEREAS,the City of Dublin adopted the Eastern Dublin General Plan Amendment and Specific Plan on May 10,1993 and the Dublin voters approved the Eastern Dublin General Plan Amendment and Specific Plan on November 2,1993;and WHEREAS,the Final Environmental Impact Report(FEIR)for the Eastern Dublin General Plan Amendment and Specific Plan contains Mitigation Measure 3.4/12.0 that requires the City to prepare and approve a Wildfire Management Plan for the Eastern Dublin project area;and WHEREAS,the City of Dublin Wildfire Management Plan(WMP)implements Mitigation Measure 3.4/12.0 of the FEIR and is consistent with the policies and action programs of the Eastern Dublin General Plan Amendment and Chapter 8-Community Services and Facilities of the Eastern Dublin Specific Plan to the extent that the guidelines and standards of the WMP document will promote the reduction in the risk of open land wildfire to the lowest level consistent with reasonable protection of wildlife habitat and other open space values within the Eastern Dublin area;and WHEREAS,the WMP shall be applicable to all future developments throughout the City of Dublin; and WHEREAS,the WMP project has been reviewed in accordance with the provisions of the California Environmental Quality Act(CEQA)and the State CEQA Guidelines,and no new effects could occur and no new mitigation measures would be required for the project that were not addressed in the Final Environmental Impact Report(FEIR)for the Eastern Dublin General Plan Amendment and Specific Plan,and the project is within the scope of the FEIR. The project implements mitigation measures of the FEIR and an initial study will be conducted for each development application that is required to comply with the WMP document;and WHEREAS,the Staff Report was submitted recommending that the Planning Commission recommend to the City Council approval of the WMP;and NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the WMP as defined in Exhibit A of the Planning Commission Staff Report dated June 18,1996. PASSED,APPROVED AND ADOPTED this 18th day of June,1996. AYES: NOES: ABSENT: • Planning Commission Chairperson ATTEST: Community Development Director g:\eastdubl\wildfire6-I8resokrc EXHIBIT 6 16034-0 mAcKAY&somps CIVIL ENGINEERING LAND PLANNING LAND SURVEYING June 4,1996 Carol Cirelli Senior Planner CITY OF DUBLIN 100 Civic Plaza Dublin,CA 94568 Subject: Proposed Dublin Wildfire Management Plan Dear Carol: On behalf of our client, Jennifer Lin, we have reviewed the City's proposed Wildfire Management Plan prepared in cooperation with the Dougherty Regional Fire Authority. We met with Chief Karl Diekman of the Dougherty Regional Fire Authority on May 7,1996,to discuss comments and questions expressed in our previous response letter of April 22,1996. A number of concerns were resolved in our meeting,however,there are still many specific development requirements contained in the current document that we see as problematic and generally unworkable. Our primary concerns with this document as proposed center around the following four key areas: • The Plan appears to be more applicable to rural,forested site conditions and does not specifically address development concepts and site conditions typical of Eastern Dublin. • The document is internally inconsistent,confusing, and particularly unclear as to which properties are subject to the regulations. • Mitigation measures(e.g.irrigation of open space)which are mandated by the Plan are excessively costly and not typical of requirements of other Tri-Valley communities. • The Plan conflicts with a number of policies and mitigation measures in both the adopted Eastern Dublin Specific Plan and EIR. Specific comments and questions concerning the proposed version of the Plan that was submitted for Planning Commission consideration include the following: • The Plan indicates that the regulations apply to new construction on properties adjacent to open space and undeveloped land. "Adjacent to Open Space" and "Adjacent to Undeveloped"are defined as"subdivisions,commercial parcels and residential lots which have a point of contact with open space and undeveloped land." These definitions are ambiguous because the terms subdivision,parcels and lots are all used. Therefore,it is impossible to know whether only the lots or parcels adjacent to open space or undeveloped land are affected or if all lots within an entire subdivision are affected. It is it OP$ 1PI IT 5142 FRANKLIN DRIVE,SUITE B PLEASANTON,CALIF 9 8.2355 PHONE(5101 225-06 F (510)225-0698 bawma OF SLJAIRFIELD PLEASANTON RO 11111111, AN JOSE NTA ■■■■ ff F n aIp G;i9 Carol Cirelli 16034-0 Page 2 of 5 our opinion that only lots which are adjacent to open space ought to be subject to this type of requirement and that references to "subdivisions" be deleted from each of these definitions. Other changes that we feel need to be incorporated into the Definitions section include the following. - Revise Open Space Definition to read: For the purposes of this plan,open space is defined as those lands which are set aside to remain permanently undeveloped. - Revise Undeveloped Land Definition to read: For the purpose of this plan, undeveloped land is that land which is designated for development but for which no Tentative Map has been approved. - Delete any reference to"subdivisions"from the Definition of Vicinity Plan. • An additional concern is that undeveloped lands are included in the Plan. Portions of Dublin Ranch will be adjacent to land not yet developed until buildout because the project will be built in phases. Therefore,as the Plan is written,in the case of homes adjacent to such undeveloped land,special fire inhibiting measures such as sprinklering of homes could be required initially,but then not be needed once other units are constructed around them. If this is the intent of this requirement,then it needs to be seriously reconsidered. We suggest that the Plan should relate only to land not planned for development as opposed to land that is proposed for development but just not yet developed. Similarly, the Plan should consider the possibility that there may be land that will remain undeveloped but not pose a wildfire threat; such as recreational, neighborhood, community or regional park land(i.e.,there should be an exception for land not posing a wildfire threat). • Under Possible Forms of Ownership(page 3),The Developer/Home Owner Association Owned option should be revised to reference open space maintenance requirements as follows: When the developer or HOA retains control of the open space,the City will require that the developer post a bond adequate to ensure maintenance. The development agreement or site plan approval will specify performance standards for the developer to meet regarding open space maintenance. • On page 3 under Possible Maintenance Sources it is indicated that maintenance of open space will be the responsibility of one party. This requirement seems to be inconsistent with the City's proposed Eastern Dublin Stream Corridor Restoration Program that suggests that stream corridor open space may be maintained by a variety of entities(Zone 7,EBRPD,homeowners'associations,and City of Dublin). Additional flexibility needs to be incorporated into this item to allow for unique circumstances where it may be logical and desirable for non-contiguous open space areas in a project to be maintained by different entities. • The list of Possible Maintenance Funding Sources on page 3 should be expanded to also include other potential options such as a lighting and landscape maintenance district or Mello Roos district. In addition,reference to the use of assessment districts to fund open f" _ G 16034-0dc4/17/46C.CireIIi W ddi Carol Cirelli 16034-0 Page 3 of 5 space maintenance should be deleted since the use of assessment district bonds is not typically permitted for such activities. • With respect to fencing requirements,it is suggested that the last sentence on page 6 under Detached Assessory Structures and Fences be revised to allow for use of alternative construction techniques acceptable to the Fire Chief instead of solely the approach depicted in Figure 1. • The discussion of Automatic Fire Sprinkler Systems on page 6 is rather vague and the specific requirements need to be clarified further. We suggest revising the wording of the first sentence as follows: Automatic sprinkler systems shall be required in all buildings that are adjacent to permanent open space. • The requirement to provide residential sprinkler systems is also a matter of overall concern. In particular,it is not clear what benefit sprinklers would have in a wildfire situation,particularly when all exterior construction is required to be fire-rated. Sprinklers will require larger water meters for each residence requiring additional connection fees as well as additional minimum water pressure that needs to be coordinated with DSRSD. This will likely be costly and problematic. • With respect to the Vegetation Establishment and Maintenance Standards on pages 7 and 8,we have the following specific comments and questions: - From an overall standpoint, these standards do not appear to be appropriate for suburban areas and it is difficult to see how the standards relate to the first part of the Plan. They seem to be tailored for sporadic large lot development plopped down in the middle of heavily forested areas. The only place the proposed standards might have any relevance at all in Eastern Dublin would be in Rural Residential areas. - In the introductory paragraph on page 7 there should be a distinction between residential properties and non-residential properties. Accordingly we would suggest the following revision: The City requires that all new residential development in forested areas designated Rural Residential/Agriculture utilize the following standards for vegetation establishment and maintenance. - The requirements for vegetation maintenance and irrigation in pages 7 and 8 are also problematic. All of the Fire Buffer Zones(A,B,C,and D)described evidently have to be maintained on a regular basis. The maintenance program requires removal of overgrowth and replacement of dead plants. Since some of these zones(e.g.Zone A or B)may be included within the yard area of an individual lot,it is unclear as to how the program requirements will be enforced in such instances. - The Plan is unclear whether the Fire Buffer Zones have to be landscaped or whether irrigated lawns, hard surfaced areas or disced or mowed fields will be sufficient instead of providing landscaping. - The irrigation requirements on page 8 require that almost all of the land areas within buffer zone areas(Zones A,B,C&D)be irrigated. This requirement is excessive, particularly for the outer buffer areas that can be up to 125'from a structure as well as o� OF i aa umiveccw meuw ✓" , • Carol Cirelli 16034-0 Page 4 of 5 for open grasslands devoid of trees and shrubs that are characteristic of most of Eastern Dublin. This requirement needs to have additional flexibility built into it and should be re-evaluated in light of actual site conditions which are applicable. Discing for firebreaks is common practice for residential developments which abut open space in the Tri-Valley and should at least be allowed as an alternative. In fact,in our limited research,we have been unable to identify any jurisdictions where irrigated bands are mandated as the only permitted option for fire buffer areas. Irrigated buffers will also require weeding and/or whacking of vegetation of a regular basis. An 'irrigation only'approach will likely be 3 to 5 times more expensive than the cost of discing(not including system maintenance and the cost of water). • Portions of the proposed Plan appear to be inconsistent with the Eastern Dublin Specific Plan and EIR. The proposed document requires irrigation of large areas of open space and landscaping with non-native vegetation;while Policies 6-21,6-22 and 6-23 of the Specific Plan all require preservation,reintroduction,and enhancement of native species of plants which are typically not irrigated. Mitigation Measure 3.7/4.0 of the SP/GPA EIR also requires the same approach for open space vegetation. Mitigation Measure 3.4/45.0 and 46.0 require developers to demonstrate energy conservation through the use of landscaping and other techniques; however, the proposed Wildfire Management Plan prohibits planting trees next to houses,thereby negating the energy conserving potential of landscaping. • The proposed document is also inconsistent with selected policies of the Grazing Management Plan(which is being considered on the same Planning Commission agenda). For example,the opening paragraph of the Summary(page 1)calls for"recovery of native plants,especially perennial grasses". The preamble to the Goals section(page 5)and Grazing Management Goal 6 also have the same objectives. Mitigation Measure 3.4/12.0 sets a goal of 30 feet for the required fire resistant buffer between homes and non-irrigated vegetation,not the 125 foot requirement proposed in the Wildfire Management Plan. • The cost of the various development requirements (particularly the higher level of building construction standards outlined on pages 4-6)mandated by the Plan needs to be thoroughly documented. We believe that further clarification and reconsideration of various items in this document are warranted before it is considered for approval by the Planning Commission and Council. In particular,we would note again the need to revise those sections that are inconsistent with the Eastern Dublin Specific Plan and EIR. We would appreciate an opportunity to meet with you and other City staff further to discuss these items in greater detail before action is taken on the proposed Plan. F1i"'V_'4i r,- imuad,.n7/9ee.CLewwJde 4 Carol Cirelli 16034-0 Page 5 of 5 Thank you for the opportunity to comment on the City's proposed Wildfire Management Plan and for your consideration of our comments and questions. Sincerely, MACKAY &SOMPS arAidVt4 • David W. Chadbourne cc: T. Fairfield J.Tong M. Inderbitzen R. Andrade R. Harris W. Haynes L. Berry • • 16034-0ac4n7/%%C.c wwaae CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 18,1996 TO: Planning Commission FROM: Planning Staff PREPARED BY: Eddie Peabody,Jr.,Community Development Director SUBJECT: Capital Improvement Program(1996-2001) Conformance to General Plan(Govt.Code 65402) ACREAGE: Entire City OWNER/APPLICANT: City of Dublin RECOMMENDATION: Approve Planning Commission Resolution finding the 1996-2001 Capital Improvement Program to be consistent with the General Plan and recommending the City Council approve the Capital Improvement Program. BACKGROUND: Under the terms of Section 65402 of the Government Code,the Planning Commission of each city or county is required to review any Capital Improvement Program(CIP)of agencies within that jurisdiction as to conformance with that Agency's adopted General Plan. Submitted herein is the draft 1996-2001 Dublin CIP for your review and conformance. This plan has been prepared to translate the need for major infrastructure improvements as a result of anticipated growth into a five year plan of improvements. Several objectives relate to the preparation of the CIP. They include: • The City operates a Capital Improvement Program that provides guidance of the improvement and maintenance of Dublin's capital facilities. g:\agrndas\96\65402CIP COPIES TO: `7 ITEM NO. ' • Capital projects sponsored by the City of Dublin and necessary to maintain and improve traffic operations,park,and other capital facilities will be included in the five-year Capital Improvement Program that is annually reviewed by the City Council. Funding for such projects as well as intended project phasing will be generally identified in the CIP. DISCUSSION The purposes of the five-year CIP are to: • Integrate capital improvement with other activities,such as the Dublin General Plan. • Ensure that planning for capital improvements is tied to realistic,predictable sources of income in order to finance these improvements. • Define desired improvements and anticipated construction schedules so that there is adequate time for planning,design,and community/Council review prior to desired construction schedule. CIP projects have been broken down into separate categories. These categories and a brief description of each are listed below. General Improvements- City internal improvements such as aerial photos,data processing, improvements and long range capital improvement financing programs. Community Improvements-Sidewalk repairs,landscape improvements,signs. Parks-Mape Park,Shannon Center,Heritage Center,Sports Grounds,school field improvements. Streets-Street overlay program,major street improvements,signals,bike lanes,etc. Projects in each of the above categories should be reviewed to determine whether or not they are in conformance with the City's General Plan or any of the City's Master Plans which are based on specific requirements in the General Plan. Each individual project in this CIP has been connected to one of the aforementioned plans. If the Planning Commission finds that these projects are in conformance with the General Plan. the CIP will be passed onto the City Council budget hearing where project priorities,phasing and cost estimates will be reviewed and approved by the City Council. The 1996-2001 CIP is an effective tool for the design and construction of major capital improvements necessary to accommodate anticipated growth as outlined in the General Plan. Specifically outlined areas of growth,East and West Dublin,for example,have been given special attention during the preparation of the CIP. The major needs of each planning area have been separated into the various CIP categories. Some of the major five-year projects that will serve many or all of the City's planning areas include: General Improvements- New city aerial photographs,major data processing improvements and a long range Eastern Dublin Financing program. Community Improvements-Landscape repairs on San Ramon Valley Road/Silvergate,I-580/ San Ramon Road,business enhancement sign program,new City street name sign replacement program. Parks-Revitalization of Mape Memorial Park,slope repair at Dougherty Hills Park,swim center improvements and school athletic field renovation. Streets-Major improvements to Dublin Blvd.,Dougherty Road,Scarlett Drive and I-580 to 680 connector improvements,major traffic signal improvements at Village Parkway,and acquisition of City street lights from PG&E. Staff has analyzed the proposed 1996-2001 CIP and finds it in conformance with the adopted plan. The Planning Commission's recommendation to the City Council should be based on whether or not the CIP follows objectives set in the General Plan. Should the Planning Commission find the CIP to be consistent with the General Plan,they should also forward any other suggestions for consideration to the City Council. ATTACHMENT 1-1996-2001 Capital Improvement Plan ATTACHMENT 2-Government Code 65402 RESOLUTION NO.96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN FINDING THAT THE 1996-2001 CAPITAL IMPROVEMENT PLAN(CIP) OF THE CITY OF DUBLIN IS CONSISTENT WITH THE ADOPTED CITY OF DUBLIN GENERAL PLAN WHEREAS,the City of Dublin has completed a draft 1996-2001 CIP outlining major infrastructure improvements for the next 5 years;and WHEREAS, Section 65402 of the Government Code requires that any CIP of agencies within the jurisdiction of the City of Dublin must be submitted to the Planning Commission for review as to conformance with the adopted City of Dublin General Plan;and WHEREAS, this application is exempt from environmental review under State law;and WHEREAS,the Planning Commission did review and consider the draft document and heard recommendations at a public meeting on June 18, 1996. NOW,THEREFORE,BE IT RESOLVED that the Dublin Planning Commission does hereby find that the draft CIP of the City of Dublin dated June, 1996,complies with the General Plan as adopted,and said Resolution shall be submitted to the City Council in accordance with the Government Code. PASSED,APPROVED AND ADOPTED this 18th day of June, 1996. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Eddie Peabody,Jr. Community Development Director g:agenda\96\65402cip § 65402 PLANNING AND ZONING Title 7 If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposi- tion of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or aban- donments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a mi- nor nature. (b) A county shall not acquire real property for any of the pur- poses specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another coun- ty or within the corporate limits of a city, if such city or other coun- ty has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dis- pose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is sit- uated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted gener- al plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, dispo- sition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this para- graph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any coun- ty or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and re- ported upon by the planning agency having jurisdiction, as to con- formity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has, been submitted to it shall be conclusively deemed a finding that 606 . Xv. LOUAL PLANNING � 65402 I the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disap- proval may be overruled by the local agency. (c) means an agency of ernmental or proprietary agency does not include Local agency as used in the state for the local perfo functions within limited bou the state, or county, or a city. this paragraph rmance of gov ndaries. Local (Added by Stats.1965, e. 1880, p. 4 1165, p. 2850, § 1; Stats.1974, c. 700, p 341, § 5. Amended by S4-atS.1967, c. . 1570, § 3.) Historical Note The 1967 amendment added last sen- tence of subd. (b). The 1974 amendment rewrote the third sentence of subd. (a), which formerly read: "The provisions of this paragraph (a) shall not apply to acquisitions or abandon- ments for street widening or alignment projects of a minor nature if the legisla- tive body so provides by ordinance or res- olution." Former § 65402, added by Stats.1953, c. 1355, p. 2916, § 2, related to commission rules and records. It was derived from former § 65172 added by Stats.1951, c. 334, p. 681, § 1; Stats.1947, c. 807, P. 1916, § 55, and was repealed by Stats. 1965, c. 1880, p. 4350, § 8. See, now, § 65550. Derivation: Former §§ 65551, 65552, added by Stats.1953, c. 1355, p. 2922, § 2, amended by Stats.1955, c. 1644, p. 2972, § 38. Forms See West's California Code Forms, Government. Cross References Eminent domain, see § 15850, Const. Art. 1, § 19, Code of Civil Procedure § 1230.010 et seq. Local agencies, environmental impact reports, submission as part of general plan report, see Public Resources Code § 21151. Procedure for approval of electrical transmission or distribution lines, see Public Utili- ties Code § 12808.5. Redevelopment agencies, reports, see Health and Safety Code § 33352. Regulation of local agencies by counties and cities, provisions prevailing over this sec- tion, see § 53095. Law Review Commentaries Duty of private parties to file environ- mental statement. (1973) 61 C.L.R. 559. Expanding scope of environmental law. Kevin P. Kane (Jan. 1973) 48 Los Ange- les Bar Bull. 81. Friends of Mammoth: Vox populi or ju- dicial social engineering. (1973) 1 Pep- perdine L.Rev. 137. Land use planning in the Bay area. (1967) 55 C.L.R. 836. Library References Eminent Domain G -18. Words and Phrases (Perm.Ed.) C.J.S. Eminent Domain § 62. 607 A-r-TgC H M E NT CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 18, 1996 TO: Planning Commission FROM: Planning Staff PREPARED BY: Eddie Peabody,Jr.,Community Development Director SUBJECT: Wells Middle School and Valley High School additions and new buildings conformance to the General Plan(Government Code 65402) RECOMMENDATION: Approve Resolution finding Wells Middle School and Valley High School improvements to be consistent with the adopted City of Dublin General Plan. FINANCIAL STATEMENT:None DESCRIPTION: This matter is routine in nature under the terms of Section 65402 of the Government Code. The Planning Commission is required to review any new construction of a School District or other public agency within Dublin as to conformance with the City's adopted General Plan. The City has no jurisdiction over school district construction,but Wells Middle School and Valley High School are designated as schools on the adopted General Plan. No conflict exists with this request. EXHIBIT A Resolution EXHIBIT B Letter dated June 5, 1996,from Jeanne Howland COPIES TO: DUSD . 3 Admin.File ITEM NO. PAGE Of 3 RESOLUTION NO.96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN FINDING THAT THE PROPOSED WELLS MIDDLE SCHOOL AND VALLEY HIGH SCHOOL ADDITIONS AND NEW BUILDINGS ARE CONSISTENT WITH THE ADOPTED CITY OF DUBLIN GENERAL PLAN WHEREAS,the Dublin Unified School District has submitted plans for the expansion and alteration of buildings on the aforementioned school sites located on York Drive and Penn Drive in Dublin;and WHEREAS, Section 65402 the Government Code requires that any alteration or construction of new facilities by another public agency shall be sent to the Planning Commission for review for conformance with the adopted City of Dublin General Plan;and WHEREAS, this application is exempt from environmental review under State law;and WHEREAS,the Planning Commission did review and consider the draft document and heard recommendations at a public meeting on June 18, 1996. NOW,THEREFORE,BE IT RESOLVED that the Dublin Planning Commission does hereby find that the plans for expansion and alterations of Wells Middle School and Valley High comply with the General Plan as shown on the adopted Dublin General Plan Land Use Diagram, and said Resolution shall be submitted to the Dublin Unified School District as required by the Government Code. PASSED,APPROVED AND ADOPTED this 18th day of June, 1996. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Eddie Peabody,Jr. Community Development Director g:ag,da\96\Wells EXHIBIT A PAGE Z Of 3 DUBLIN SCHOOLS DUBLIN UNIFIED SCHOOL DISTRICT Board of Trustees June 5, 1996 Cynthia (510)828-71728-7177 Mr. Eddie Peabody, Planning Director City of Dublin Patricia Kohnen P.O. Box 2340 (510)828-3623 Dublin, CA 94568 John Ledahl (510)551-5965 Re: Negative Declaration for Additions and Alterations to Pan,ciaMeym Facilities and Grounds at Wells Middle School and Valley (510)833-8662 High School lames W.Patterson (510)829-2079 Dear Mr. Peabody: Superintendent Per the California Environmental Quality Act, Article 21151.2, the Vince Anaelerin,FA.D. Dublin Unified School District School District Board of Trustees, respectively submits to the City of Dublin, Planning Department its intent to add facilities and alter the grounds at two of the District Office District's present sites. 7471 Larkdale Ave. Dublin,CA94568-1599(510)8 The District is planning to alter the facilities and grounds at FAX(510) 0)821 9-6532 Wells Middle School and Valley High School. The immediate plans for the Wells portion of the project adds an addition to the existing High Schools gymnasium, a new Science Building, the addition of hard surface play areas, the addition of a parking area, and alteration to the DUBLIN IIJGH landscaped areas of the grounds. Valley High School will add an 8151 Dublin,Cage 45Parkwayway CA 94568-1699 administration and multi-purpose building (including a Community Use (510)833-3313 Gymnasium), the relocation of parking area, and addition of hard VALLEYHI1G11 surface play areas. The project will conclude with the addition of 6901 York Drive a running track and the renovation of the playing fields that lay Dublin,CA94568-2199(510)829-4322 between the two sites. The District requests that the Planning Commission, within thirty Middle Schools days, submit a written report with its recommendations concerning WELLS MIDDLE SCHOOL these additions and alterations. 6800 Penn Drive Dublin,CA 94568-2199 510)828-6227 A and is attached 3for your review.ve Declaration" hIf you have eany ques these tionsple se contact Elementary Schools me at (510) 828-2551, Ext. 226. FREDERIKSEN ELEMENTARY Sincerely, 70 Tamarack Drive Dublin,CA 94568-1700 (01510)828-128-lack MURRAY ELEMENTARY 8435 Davona Drive Dublin,CA 94568-1107 Jeanne Howland (510)828-2568 Assistant Superintendent/Business NIELSEN ELEMENTARY 7500 oad Dubin,CAmarillo 68-2 cc: Bill Morgan EXHIBIT Dublin,CA 94568-2298 (510)828-2030 EQUAL OPPORTUNITY 3 EMPLOYER WE ARE COMMITTED TO THE SUCCESS OF ALL OUR STUDENTS. prp^E OF