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HomeMy WebLinkAbout5.1 PH Wanmei Properties G��OF DrjB� i9� ��� �82 STAFF REPORT ���i�� PLANNING COMMISSION `�C��% IFOg DATE: June 13, 2017 TO: Planning Commission SUBJECT: PUBLIC HEARING: Wanmei Properties, Inc. Planned Development Rezone with related Stage 1 and Stage 2 Development Plans, a Vesting Tentative Map and Site Development Review (PLPA-2015-00023) Report Prepared by Amy Million, Principal Planner EXECUTIVE SUMMARY: The Applicant, Wanmei Properties, Inc., is requesting approval of a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans, a Vesting Tentative Map and Site Development Review for 19 single family dwellings and associated site improvements on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area. RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt the following Resolutions: a) Recommending City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans, a Vesting Tentative Map and Site Development Review for the Wanmei Properties, Inc. project; b) Recommending City Council approval of a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans for the Wanmei Properties, Inc. project; and c) Recommending City Council approval of a Vesting Tentative Map and Site Development Review for the Wanmei Properties, Inc. project. ��� � itted By viewed By Principal Planner Assistant Community Development Director COPIES TO: Applicant File ITEM NO.: rJ • Page 1 of 13 PROJECT DESCRIPTION: Figure 1.Project Location The property at 6237 Tassajara Road is , :�� ' '��,� # '� ��M' } 2.648 acres (the "Project site") as ` �� ����� x���� ����" � � ��� �4�° ���� '�� shown in Fi ure 1. The ro'ect site is '� ` � � ~�e''� ��. - `��'� „� 9 P J ,�' ,�: ,;,, � , �. �. e � currentl develo ed with a sin le famil � , � � ; ��. �� � �.w, ` " �'��fs.,,`�- Y p 9 Y �. . � � �;� . ��� �`� n � , dwelling and the property has been ;���",�� ��� �,�.�-��� r �, � ff �rr;}��c�r ;,�° ; historically utilized by a variety of � _ '° h": ;� ,�r- k� �.� landscape contracting businesses. 4� ' �� '" '� ���� r--:.r� '�;����, 'A �.� �;� � . f � � w� , ; * : �� :�.- ,`'4; The General Plan and Eastern Dublin ��� ' ` �� ��f,�� ��';��� 'h- ' �' `7�� ''e §�... � ,� , '�?,�..c= �;T Specific Plan Land Use designation is �!' `� ' � ;� a �=, ��`�. d`+� � �,� ��1 =;,:� .:i-� �. '"' Medium Density Residential (6.1-14.0 � �t,p�`" ��� ,�� _���� '�Y �,,-� ,, �. `'"'a . dwelling units per acre). While the '��'�_ '� �� ��'�n��'' `'��,�x.N €_��x �:�"%'M ��__„ �.. ,;�� 1 �� ii�.'4 4a,1c.ra_ density range allows for 16-37 units, �� �' �� ��;;� �'' '�; T� ,.(,��������.,,��,' w�-y the Eastern Dublin Specific Plan � a „�''' �. �'�' ` —_ '�` "�/ ��, `."'`�` ii ����`,� f `( i~ ���� anticipated 20 units on the site. The �'.�'�r�1 �`^�' �� , � �Lt'. � �,; T���� current Zoning designation is Planned Development (PD Ord. 24-00) and allows the existing single family dwelling and landscape contracting uses to continue until such time that the property redevelops consistent with the General Plan and Eastern Dublin Specific Plan. Surrounding uses include Quarry Lane School to the north, open space to the east, a tributary of Tassajara Creek to the south and open space and Wallis Ranch residential development on the west side of Tassajara Road. Background When the Eastern Dublin Specific Plan was adopted in 1994, the project site was 3.8 acres in size and was designated as Medium Density Residential and Open Space. Although part of the original Specific Plan, the property was located outside of the City limits but within the City's Sphere of Influence. In 2000, both the project site and Quarry Lane School were annexed to the City of Dublin. Following annexation, a Planned Development Prezone was adopted for the project site. The prezoning established an interim agricultural zoning designation for the project site that allows existing residential and agricultural uses approved under Alameda County's Zoning Ordinance to remain until such time that the landowner applies for a Stage 1 and 2 Development Plan. In addition, the prezoning established an Open Space designation that protects a tributary of Tassajara Creek that is located south of the Project site. The creek restoration, open space parcel transfer and fence barrier were completed in compliance with the Eastern Dublin Comprehensive Stream Restoration Program (City Council Resolution 105-96). In 2003, a lot line adjustment was recorded reducing the size of the project site from 3.8 acres to 2.648 acres for the purpose of transferring the Open Space portion of the property from the Kobold family to the Lin family for the restoration of the tributary. The restoration was completed in 2007 and the tributary is maintained in a permanent 2of13 conservation easement as part of the Dublin Ranch Preserve/Northem Drainage Conservation Area. A 6-foot chain link fence with a 4-foot sheet metal barrier at the bottom separates the project site from the adjacent tributary and was installed concurrent with the restoration of the tributary to prevent migration of the California Red Legged Frog onto the Project site. Proposed Project The current landowner, Wanmei Properties, Inc., has filed an application for a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans, a Vesting Tentative Map and a Site Development Review Permit to redevelop the 2.648 acres with 19 single family homes at a density of 7.2 dwelling units per acre. Associated on- site improvements include a private road; landscaping; common open space areas for passive use; a secondary wildlife barrier consisting of a block wall with tubular steel on top along the southern and eastern property lines; a new bioretention area; and, a sound wall along Tassajara Road. The project will also include frontage improvements along Tassajara Road including constructing a portion of the widening of Tassajara Road; undergrounding all utilities; constructing curb, gutter and sidewalk; and, installing landscaping. The proposed site plan, improvement plans, architecture, and landscape plans are shown in the Project Plans (Exhibit A to Attachment 1). ANALYSIS: The General Plan/Specific Plan land use designation for the project site is Medium Density Residential which allows 6.1-14.0 dwelling units per acre, or 16-37 attached or detached units. The proposed project is 19 detached homes at a density of 7.4 dwelling units per acre. Planned Deve/opment Rezone The application includes a Planned Development Rezone with related Stage 1 and 2 Development Plan. The proposed Planned Development zoning meets the requirement outlined in Chapter 8.32 of the Dublin Zoning Ordinance (Attachment 2, Exhibit A) Staqe 1 and 2 Development Plan The permitted uses would be single family dwellings and associated accessory uses such as home occupations, family day cares and second units. The maximum number of units permitted, excluding second units, would be 19 at a density of 7.4 units per acre. The Project would be constructed in one phase and would not be subject to Inclusionary Zoning because it falls below the threshold of 20 units. The proposed development standards are as follows: 3 of 13 Tab/e 1. Deve/o ment Standards . Standards Min. Lot Width 40' Min. Lot De th 50' Max. Stories 2 Stories Max. Buildin Hei ht 30' Max. Lot Covera e 55% Min. Usable Rear Yard 250 SF Flat Area with a Min. Clear Depth of 10' Setbacks Min. Front Yard 10' to Livin Area or Gara e Min. Rear Yard 5' Minimum with a 10' Avera e Min. Side Yard 4' Min. Drivewa Depth 18' if used towards uest arkin Parkin Required 2 per dwellin , enclosed in a ara e Guest Parking 2 spaces per dwellin , uncovered A Resolution recommending City Council approval of the Planned Development Rezone with related Stage 1 and Stage 2 Development Plans is included as Attachment 2. The Stage 1 and 2 Development Plan is included as Exhibit A of Attachment 1. Setbacks to the Tributarv— Stream Restoration Proqram The Eastern Dublin Comprehensive Stream Restoration Program was adopted in 1996 (City Council Resolution 105-96) to satisfy Mitigation Measure 3.7/12.0 of the Eastern Dublin General Plan Amendment and Specific Plan EIR. The Program's restoration guidelines state that setback requirements for tributaries will vary depending on site conditions, environmental resources, the need to accommodate trails, and the nature of adjacent development. The Program further states that, in general, setbacks should be 100-feet from the top of bank for major tributaries, according to the California Department of Fish and Wildlife, unless an exception is negotiated with the Department. Proposed projects should justify proposed tributary setbacks based on flood flows, existing vegetation, quality of habitat, bank conditions and treatments, and current and proposed land uses. In 2007 restoration of the creek tributary adjacent to the project site was completed in accordance with the Eastern Dublin Comprehensive Stream Restoration Program. The tributary connects the 245-acre Northern Drainage Conservation Area to the east with the 57-acre Tassajara Creek Conservation Area to the west. The restoration goals included stabilizing the stream channel without encroaching onto the project site and providing opportunities for wetland and riparian habitat creation. The project proposes a 50-foot average structural setback from the top of bank of the adjacent creek tributary. Improvements within the 50-foot setback include a bioretention area, a portion of the residential dwelling on Lot 19, passive open space areas, portions 4 of 13 of the private roadway, guest parking, private driveways and private front or rear yards. Justification for the proposed setback includes: • The adjacent tributary has been completely restored in accordance with the Eastern Dublin Comprehensive Stream Restoration Program including bank stabilization and revegetation; • The restored tributary has been designed to accommodate 100 year flood flows; • An existing species barrier was installed in conjunction with the restoration and precludes the migration of special status species onto the project site. A secondary exclusion fence would be built entirely on the project site as part of the project; and, • The proposed project is being constructed within the existing disturbed footprint of the project site which includes a rural residential homesite and has been utilized by various landscape contracting businesses prior to and following the restoration of the tributary. Creek Setback Dublin Municipal Code Chapter 7.20 (Watercourse Protection) establishes setbacks for development that is adjacent to open channel watercourses. The purpose of the setbacks is to safeguard watercourses by preventing activities that would contribute significantly to flooding, erosion, or sedimentation; would inhibit access for watercourse maintenance; or, would destroy riparian areas or inhibit their restoration. Development is not permitted within the required setbacks unless an exception is granted by the Public Works Director. Figure 2. Creek Setbacks +>>tr � � � �d � �oo• ,.,:,� � �� � / 50�'� T a` �`^ -' '100'-� ! '�- ' /� i' '�„�'20'--� _.._� -�- ,�,;� f. ��' , ,/�i' - '�-=�.�-�.� r , _�,5�_: 1 �� j:y�� . �_ �:�20'---�_ ,�: i - , �'/ "�-�X'G TOP OF BANK��'y . 100'� � J�/i�_PROPERTY UNE--� i = ����� , .50'��y%' �� 20'�� �, �� i 5of13 The Applicant has requested to encroach into the required 20-foot watercourse setback (see Figure 2 above). Improvements within the setback would include, curb, gutter and sidewalk; a portion of the private street; guest parking spaces; vegetation; and, a bioretention area. The Public Works Director has conditionally approved the setback encroachment based on the following: • The proposed encroachments will not further restrict or remove access to the creek; • All proposed improvements will be outside of the 100-year flood plain; • The adjacent riparian corridor has been fully restored and there is no evidence the encroachment would result in the destruction of any portion of the corridor; • All on-site stormwater runoff will be contained on-site and diverted to a proposed bioretention area for sedimentation and treatment before discharging into the City storm d rain network; • The proposed block wall that will serve as a secondary wildlife barrier will further reduce runoff and prevent flooding, erosion and sedimentation within the nearby watercourse; and • All proposed site improvements will be located behind the proposed block wall that will serve as a secondary wildlife barrier. Inclusionarv Zoninq The Inclusionary Zoning Regulations (DMC 5.68) require all new residential projects of 20 or more units to provide 12.5% of the total number of dwelling units as affordable units. The Project proposes to provide a maximum of 19 units and is therefore not subject to the Inclusionary Zoning Regulations. Public Art Compliance Chapter 8.58 (Public Art Program) of the Dublin Zoning Ordinance exempts residential development projects of 20 units or less from providing public art. The Project proposes to provide a maximum of 19 units and is therefore not subject to the Public Art Program. The resolution recommending approval of the Planned Development zoning with related Stage 1 and Sate 2 development plans is included as Attachment 1 with the Ordinance included as Exhibit A. Site Development Review Site Desian & Architecture The subject property is long and narrow with the widest area located adjacent to 6of13 Tassajara Road. The proposed homes are oriented in a linear fashion to coincide with the shape of the property and to provide for direct view of the tributary. Of the 19 homes, 16 are located on the north side of the private drive (adjacent to Quarry Lane School) and 3 are located on the southwest side closest Tassajara Road. An illustration of the proposed site plan is provided in Figure 3 below. Figure 3. Site Layout � �,, __, _ � ,, � . � ,�,,,�^ � ,,� _ ° � _ +� :*� _:., � � �,�' r�,�.- .p ._ � � , _ " � �► , } � �, � ' � . - �- �... -�- �,,a�i�r -' � �� � � � '�..�-.�� � �'-�,_ ,: _ , , a;, ` a . .,� � � � . , , ___ � ' � - , � �, � ,„ r1- �'a , ��4- , f +^ ��, .� � �.; 1�.. � �, � �� .'�p 1,,-8 9 . ! i,�� � '�. ��, � .� �I , e p e py���� ,�g�. „ ... s, �_� . ' . t� ,+..-,�,_� ,�..-�� .. � � .: �'-... �� . � , . ��'��J+'� .,� ��__ � \ ' i . � —�� ► ° � � fl� ' �+'�;+ ' � � — �,. � ,o.. '�i� � � �s,. ,!'T'' �� F» �� i ��.� , � ,.' Y r��. >�� �� � .., �. *': \ y�", \;t��� � ,����M� " � } ` xi� ��` tc.f�"i .�� .� , +..5� �� - � � ,.. ..?�. .�..�'.ii - ` .. '_�a � The proposed architectural character of the project draws inspiration from a variety of sources such as rural vernacular, bay area modern and prairie estate houses and the streetscape is configured for maximum variety and to promote visual interest. There would be three floor plans, three elevation styles (Americana, Contemporary Farmhouse and California Modern) and three color schemes for each elevation style (refer to Exhibit A of Attachment 2). The floor plans range from 2,199 square feet to 2,459 square feet excluding the two-car garage and optional California Room. All homes would be finro-story with 3-4 bedrooms. The roof forms vary with a mix of low and steep pitch gable roof forms and shed accent roofs. The exterior building materials include a mix of board and batten, lap siding, and stucco. The architecture of the individual elevation types is complemented with variations in the siding, wood trim, post and columns along the front porch, window shutters, and a metal awning on the California Modern elevation. A sample street scene of the various plan types, color schemes and exterior cladding for the project is shown in Figure 4. Flgure 4. Sample E/evatlons and Color Schemes / - . � � ,. -=- �. � � ' # �.� . i ;�-'"" � �- -- `t�ltlnu�utwtriitllllil �-:-- . � . .;r� �� '1 . � : �" ""` �a:: >�� � u. . , .�. 7 of 13 Given the site constraints and the requirements for emergency vehicle access, parking will not be allowed on the private street. The two required covered parking spaces for each unit are provided in the units' finro-car garages. For the guest parking, 18 of the 19 homes provide for finro guest parking spaces in the driveway. In addition, 9 guest parking spaces are provided off the street with 4 near the west end and 5 on the east end adjacent to the tum-around for a total of 45 guest parking spaces. Landscapinq, Walls and Fencinq A preliminary landscape plan has been prepared for the Project (refer to Attachment 1, Exhibit A, Sheets L1.0-L3.0). The preliminary landscape plan provides a general design layout that demonstrates the location of landscaping and hardscape; a general plant palette with the location, size and name of proposed plants and trees; and, wall and fencing locations and materials. Common open space areas would include a bioretention area and finro passive recreation areas. The passive use areas would provide opportunities for visual enjoyment of the tributary to the south of the Project. The preliminary landscape plans identify six existing trees which would be removed to facilitate redevelopment of the site (refer to Attachment 2, Exhibit A, Sheet L1.2). A total of five walnut trees, with trunks ranging in size from 15-inches to 24-inches, and one almond tree, with a trunk diameter of 18-inches, are proposed for removal. Four of the trees are located to the rear of the existing single family home and two are located to the south of home. Walnut and Almond trees are not protected species under the Heritage Trees Ordinance (DMC 5.60). However, to compensate for the loss of these existing trees the Applicant is proposing to plant six, 48-inch box Coast Live Oak trees. As provided in Condition of Approval #33, Staff will work with the Applicant during the Final Landscape and Irrigation Plan review to identify an appropriate location for these 6 oak trees. A sound wall would be constructed along the project frontage to reduce exposure to traffic noise from Tassajara Road. The sound wall is proposed to be 8-feet high with a stone fa�ade and a thin brick cap. During the building permit review phase of the project, the precise height, length and location of the wall will be evaluated by an acoustical consultant to ensure that exposure to traffic noise from Tassajara Road is effectively reduced to no greater than 65 dBA. Refer to Condition of Approval #24. As previously noted, along the southern property line, on the adjacent tributary parcel, is an existing 6-foot chain link fence with a 4-foot sheet metal barrier at the bottom. This fence was installed in conjunction with the restoration of the tributary and serves as a California Red Legged Frog barrier preventing migration of frogs from the tributary onto the Project site. This existing fence would remain in place on the tributary parcel. On the Project site, the Applicant proposes to construct a new 4-foot high block wall with 2-feet of tubular steel on top within the southern and eastern property lines. The wall would be constructed entirely on the Project site. This new wall would provide a more attractive barrier befinreen the Project and the tributary to the south as well as the open space area to the east. If the owners of the tributary parcel were ever to consider removing the 8of13 existing chain link fence, the new wall could serve as the California Red Legged Frog barrier. Fencing on individual lots within the Project would be constructed with 5-feet of solid wood fencing and 1-foot of lattice on top for a total height of 6-feet. Alternatively, a 6- foot solid wood fence may be constructed in side and/or rear yards where it is not visible from the public way. Access, Circulation, and Parkinq The Project would have one entry point off of Tassajara Road. A finro-way private road would be constructed to provide access to the 19 homes. Access to the site would be limited to right- in/right-out movements to and from Tassajara Road. The private road would terminate in a cul-de-sac at the eastern edge of the Project. The project would complement the ultimate improvement to the east side of Tassajara Road along the project frontage. The improvements include a 6-foot wide sidewalk and an 8 foot wide bike lane along the project frontage would be installed along each side of the private street in front of the new lots. In accordance with the proposed Planned Development Zoning Stage 1 and 2 Development Plan the Project would provide finro parking spaces in an enclosed garage and two uncovered guest spaces on the driveway (with the exception of Lot 8). A total of nine guest parking spaces would be provided in designated areas along the street (refer to Attachment 1, Exhibit A, Sheet A.2). Curbside parking would not be permitted within the Project. Vesting Tentative Map 8299 The Project includes Vesting Tentative Map 8299 to subdivide the 2.648 acre property into 19 single family lots and a common area lot that would include the private street, on-street guest parking and open space areas for passive use. A Resolution recommending City Council approval of Vesting Tentative Map 8299 is included as Attachment 1. Vesting Tentative Map 8299 is included in Exhibit A of Attachment 2, Sheets C1.0-9.0. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential and the Zoning Ordinance requirements for a Planned Development Rezone with Stage 1 and Stage 2 Development Plan. 9of13 REVIEW BY APPLICABLE DEPARTMENTS AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies are included in the draft City Council Resolution approving the Vesting Tentative Map and Site Development Review (Exhibit A to Attachment 2). ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA) requires that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The project site was included in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was adopted by the Dublin City Council on May 10, 1993 (Resolution 51-93). The Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (EDSP EIR) is a Program EIR that analyzed the broad environmental impacts of implementing the Eastern Dublin Specific Plan. Since an EIR had already been completed analyzing urban development on the project site, a project specific supplemental environmental review process was completed in accordance with the provisions of the California Environmental Quality Act (CEQA), CEQA Guidelines, and the City of Dublin Environmental Guidelines. An analysis in the form of a modified Initial Study was prepared to determine whether there could be new or substantially more severe significant environmental impacts as a result of the Project from those already addressed in the EDSP EIR or any other standards for requiring supplemental CEQA review were met. The modified Initial Study concluded that there were new potentially significant impacts associated with the Project; therefore, a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts that remain to be addressed as identified in the Initial Study. The Supplemental Initial Study/Mitigated Negative Declaration (IS/MND) was circulated for a 30-day public review period from March 17, 2016 to April 18, 2016. Following release of the IS/MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the EDSP EIR or IS/MND was prepared. After receiving public comment the City prepared a revised supplemental IS/MND and recirculated the document for a second 30-day public review period from October 22, 2016 to November 22, 2016 (Exhibit A of Attachment 3). The City received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017 (Attachment 4). The project is subject to mitigations identified in the supplemental IS/MND and the EDSP EIR as applicable. These mitigation measures have been accepted by the Applicant. Furthermore, these mitigation measures have been incorporated into the 10 of 13 Project's conditions of approval and the City will monitor the Applicant's compliance with them as the Project is constructed and operated under the Mitigation Monitoring and Reporting Program adopted in conjunction with any project approval. The environmental effects of the project are discussed in detail in the supplemental MND for the project. However, the following is a summarized list of potential Project impacts and the mitigation measures recommended by the supplemental MND to reduce these impacts to a less-than-significant level. Potential Impact—Aesthetics The aesthetics analysis takes into consideration the construction phase and operation of the project. Construction of the proposed project would add additional light sources in the form of streetlights, building lighting and lighting from the residences. Residential light and glare was not analyzed in the Eastern Dublin EIR and installation of future lighting could result in a significant impact on the adjacent tributary to the south, passers-by on Tassajara Road and other nearby private properties. Mitigation Measure AES-1 would ensure that the project adheres to the minimum light levels on-site and that light is confined to the property. Potential Impact - Bioloqical Resources The project site is located to the north and immediately adjacent to a creek tributary which is habitat to protected and special-status species. An existing 6-foot chain link fence with a 4-foot sheet metal wildlife barrier (constructed in 2007) currently separates the project site from the adjacent tributary precluding the migration of protected and special-status species from the Northern Drainage Conservation Area onto the project site. The project proposes to install an additional barrier on the southern and eastern side of the project to further preclude migration of special-status species during construction. Mitigation Measure BIO-1 requires the installation of a temporary protective barrier along the eastern property line between the project site and the Northern Drainage Conservation Area to ensure that the site is fully inaccessible to special-status species during construction. Mitigation Measure BIO-2 requires pre-construction surveys to identify, avoid and protect special-status species. Mitigation Measure BIO-3 requires the construction of a permanent protective barrier within the southern and eastern boundaries of the project site. Mitigation Measure BIO-4 limits impacts of construction to the golden eagle during the golden eagle nesting season. Mitigation Measure BIO-5 restricts the use of rodenticides. Mitigation Measures BIO-6 and BIO-7 requires a pre- construction survey for special status species such as the California Red-Legged Frog, California Tiger Salamander and Burrowing Owl prior to any ground disturbance. The Eastern Dublin EIR contains a number of mitigation measures to reduce impacts to special-status species that the proposed project will be required to comply with. This 11 of 13 includes mitigation measures for potential impacts such as the loss of habitat (vegetation and botanically sensitive habitats), San Joaquin kit fox, tri-colored blackbird, Golden Eagle, and American badger, among others. Potential Impact - Hazardous and Hazardous Materials The project site has a history of being used for agricultural uses such as a contractor's storage yard and for storage for vehicles, materials and similar equipment for a number of years. As a result, there is a possibility of oil, gasoline and other chemicals to be deposited in the soil. Mitigation HAZ-1 addresses the potential to release potentially hazardous containments into the environmental as a result of grading to create building pads, private streets and trenching for underground utilities. The project site also has an existing building that needs to be demolished in order to construct the proposed project. Mitigation Measure HAZ-2 would ensure that demolition of the existing structure would reduce the potential impact for release of lead based paints or asbestos to a less than significant level. Potential Impact - Noise The analysis noted that the addition of the new dwelling units would result in new vehicle trips on the local and regional road nefinrork. Impacts associated with roadway noise on residence were analyzed in the Eastern Dublin EIR and mitigated by Eastern Dublin EIR Mitigation Measure 3.10/1.0 which requires developers of housing projects to complete an acoustic analysis to ensure that City and State noise standards can be achieved. The project proposes the construction of an 8-foot tall solid wall along the Tassajara Road frontage to reduce noise levels. Mitigation Measure NOISE-1 would minimize potential Project impacts in regards to noise by requiring an acoustic consultant to review the final grading the design building prior to building permit issuance to ensure the proposed 8-foot wall is sufficient to reduce noise in outdoor use areas and the interior to 65 dBA and 45 dBA respectively. PUBLIC NOTICE/OUTREACH: In accordance with the City's Policy, the Applicant installed a Planning Application Notice Sign along the Project frontage. The sign includes details about the project and how to find out more information. The project is also included on the City's Project Development website. In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. The Public Notice was also published in the East Bay Times and posted at several locations throughout the City. Additionally, the Public Notice was provided to all persons who have expressed interest in this Project. A copy of the Staff Report has been provided to the Applicant and posted to the City's website. 12 of 13 Additionally, the Applicant hosted a community outreach event on Friday, October 28, 2016 at the Project site. The event was attended by approximately six residents. ATTACHMENTS: 1. Planning Commission Resolution Recommending City Council approval of a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans for the Wanmei Properties, Inc. project with the draft City Council Ordinance included as Exhibit A 2. Planning Commission Resolution Recommending City Council approval of a Vesting Tentative Map and Site Development Review for the Wanmei Properties, Inc. project with the draft City Council Resolution included as Exhibit A 3. Planning Commission Resolution recommending City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans, a Vesting Tentative Map and Site Development Review for the Wanmei Properties, Inc. project with the draft City Council Resolution included as Exhibit A 4. Response to Environmental Comments dated June 2017 . , 13 of 13 i RESOLUTION NO. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area; and WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the "Project"; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses; and WHEREAS, the California Environmental Quality Act (CEQA), together with the ' State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) ("Eastern Dublin EIR"); and WHEREAS, since the Eastern Dublin EIR has been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts from those already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and ATTACHMENT 1 1 of 3 WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed the Easter Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts that those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects ; and WHEREAS, the Initial Study/Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time MND was prepared; and WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 13, 2017 and incorporated herein by reference, described and analyzed the Project including the MND for the Planning Commission; and WHEREAS, on June 13, 2017 the Planning Commission held a properly noticed : public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, on June 13, 2017, the Planning Commission adopted Resolution 17- XX recommending that the City Council approve the MND for the Project, which Resolution is incorporated herein by reference and is available for review at Dublin City Hall during normal business hours; and WHEREAS, the Planning Commission reviewed and considered the Initial Study/Mitigated Negative Declaration and all reports, recommendations and testimony prior to making its recommendations on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby, recommend that the City Council adopt an Ordinance approving a Planned , 2 of 3 Development Rezone with Stage 1 and Stage 2 Development Plans which draft Ordinance (attached as Exhibit A and incorporated herein by reference). The Planning Commission recommendation is based on the Staff Report analysis and recommendation and on the findings set forth in the attached draft Ordinance. PASSED, APPROVED AND ADOPTED this 13th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 3 of 3 ORDINANCE NO. xx— 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * ** * * APPROVING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 The City Council of the City of Dublin does ordain as follows: SECTION 1: RECITALS A. The Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area. The requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review. The proposed development and requested approvals are collectively known as the "Project". B. The Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00). The site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses. C. California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. D. Development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) ("Eastern Dublin EIR"). E. Since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review. F. Upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts EXHIBIT A TO 1 of 10 ATTACHMENT 1 than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects. G. The Initial Study/ Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016. H. Following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the MND was prepared. After receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016. The City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017. I. Following a public hearing on June 13, 2017 the Planning Commission adopted Resolution 17-XX recommending City Council approval of the MND for the Project, Resolution 17-XX recommending City Council approval of the Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Resolution 17-XX recommending City Council approval of the Vesting Tentative Map and Site Development Review, which Resolutions are incorporated herein by reference and are available for review at Dublin City Hall during normal business hours. J. A Staff Report dated , 2017 and incorporated herein by reference, described and analyzed the Project, including the Planned Development Rezone and related Stage 1 and Stage 2 Development Plans for the City Council. K. On , 2017, the City Council held a properly noticed public hearing on the Project including the proposed Planned Development Rezoning and related Stage 1 and Stage 2 Development Plans, at which time all interested parties had the opportunity to be heard. L. On , 2017, the City Council adopted Resolution XX-17 approving the MND for the Project, which Resolution is incorporated herein by reference and available for review at Dublin City Hall during normal business hours. M. On , 2017, the City Council adopted Resolution XX-17 approving the Vesting Tentative Map and Site Development Review, which Resolution is incorporated herein by reference and available for review at Dublin City Hall during normal business hours, and said approval is contingent upon City Council adoption of this Ordinance. N. The City Council considered the CEQA MND and all above-referenced reports, recommendations and testimony and adopted the MND prior to taking action on the Project. 2of10 SECTION 2: FINDINGS A. Pursuant to Section 8.120.050 A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed Planned Development Rezone with Stage 1 and Stage 2 Development Plans will be harmonious and compatible with existing and potential development in the surrounding area in that the Project implements the Medium Density Residential land use designation planned for in the General Plan and Eastern Dublin Specific Plan and accomplishes redevelopment of the existing rural homesite as set forth in the Planned Development Prezone (Ordinance 24-00). The proposed Rezone is compatible with other Medium Density Residential land uses along Tassajara Road and will complete a segment of the Tassajara Road widening as well as other frontage improvements consistent with development to the north and south of the Project site. 2. The Project site is physically suitable for the type and intensity of the zoning district being proposed in that the General Plan and the Eastern Dublin Specific Plan have planned for Medium Density Residential (6.1-14.0 dwelling units per acre) on the project site since adoption of the Specific Plan. The Project proposes a development that would be 7.2 dwelling units per acre which is consistent with the character and density of other residential land uses along Tassajara Road. The project site conditions are documented in the Initial Study/Supplemental Mitigated Negative Declaration and no site conditions were identified that would present an impediment to development of the Project for the intended purposes. There are no major physical or topographic constraints as the site is generally flat and has been developed as a rural homesite with various landscape contracting businesses for many years. 3. The proposed Planned Development Rezone with Stage 1 and Stage 2 Development Plans will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the Project is consistent with other Medium Density Residential uses along Tassajara Road; the Project will adhere to all required mitigation measures set forth in the Initial Study/Supplemental Mitigated Negative Declaration; and, the Project will comply with all development regulations and standards set forth in the Stage 1 and Stage 2 Development Plans and all conditions of approval imposed on the Vesting Tentative Map and Site Development Review. 4. The proposed Planned Development Rezone with Stage 1 and Stage 2 Development Plans is consistent with the Dublin General Plan and the Eastem Dublin Specific Plan in that the Project proposes the development of 19 single- family detached homes at a density of 7.2 dwelling units per acre which is 3 of 10 consistent with the Medium Density Residential (6.1-14.0 dwelling units per acre) land use designation for the site. The project includes an exception to the 100-foot biological setback set forth in the Eastem Dublin Comprehensive Stream Restoration Program and the 20-foot watercourse setback set forth in DMC Chapter 7.20. These exceptions are based on the fact that the adjacent creek tributary has been completely restored including bank stabilization and revegetation; the adjacent tributary accommodates 100-year flood flows; an existing wildlife barrier and the proposed block wall that will also serve as a secondary wildlife barrier will effectively preclude migration of special status species onto the project site; all development will occur on-site within the existing disturbed footprint of the property; and, all on-site stormwater runoff will be contained and treated on-site before entering the City's storm drain network. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 in that, it creates development standards tailored to the Project site and consistent with the Medium Density Residential land use designation; it provides maximum flexibility and diversification in the development of the property taking into consideration the irregular shape of the parcel and the environmental sensitives of surrounding open space areas such as the adjacent tributary; it maintains consistency with, and implements the provisions of, the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential; it protects the integrity and character of surrounding uses in that it is consistent with other medium density residential projects along Tassajara Road and the site layout takes into consideration the environmental sensitives of surrounding open space areas such as the adjacent tributary but locating structures as far as practical from the wildlife corridor; it encourages the efficient use of the project site by utilizing a small lot single family concept with minimal private landscaping while providing passive use common areas adjacent to the open space corridors to the east and south; it provides for effective development of public facilities and services to the site; includes design features that result in a development that is compatible with surrounding uses; and, allows for creative and imaginative design that promotes amenities beyond those expected in conventional developments. 2. Development under the Stage 1 and Stage 2 Development Plans would be harmonious and compatible with existing and future development in the surrounding area in that the Project implements the Medium Density Residential land use designation planned for in the General Plan and Eastern Dublin Specific Plan and accomplishes redevelopment of the existing rural homesite as set forth in the Planned Development Prezone (Ordinance 24-00). The proposed Rezone is compatible with other Medium Density Residential land uses along Tassajara Road and will complete a segment of the Tassajara Road 4 of 10 widening as well as other frontage improvements consistent with properties to the north and south of the Project site. C. Pursuant to the California Environmental Quality Act, the City Council adopted a Supplemental Mitigated Negative Declaration for the Project including the Planned Development Rezone with related Stage 1 and Stage 2 Development Plans by Resolution XX-17 on , 2017 which Resolution is herein incorporated by reference. SECTION 3: ZONING MAP AMENDMENT Pursuant to Chapter 8.32 of the Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the Wanmei Properties, Inc. property at 6237 Tassajara Road (APN 985-0072-002-00) from Planned Development (Ord. 24-00) to Planned Development (Ord. XX-17). A map of the rezoning area is shown below: � -- . ;, r� �, . „ � �. ' � , � ,\ ,�,. ',�.� _� � ; � „� . . � �,� � ,�,<. ; i • i ��.� � - ' ,� wi i .,` • . �� .. � � ! � Jw t 1 �`��I/,, �. '�; ` �--'� t � t. �ri` �...�y� � � : . � ''.� . PROJECT �""` ' � �t'" SITE �_ � .y. � �� �`. _, ��j���� �'^'.-_ ,•.� � ' � " �sF�F ��j �:: ��� `i, ,''# l"'''r. � �ti� � �",� �'"t- ` :d � -} � �*�.�J� ,.'' .•,:�w J. _j . � #� t � n i:� � .. .. i.} �.*� ,J ,�,1' �: }J .f - " - �.''�', l' '�'.. '° J l`� � � ''�� i. '`!���..� � :. �q � M� £ �' ` � i � r ..�^`1.:�� '" t r � �r � ���7 r � �yi- ry L �y � a' ,\ /�r� �},� �tf} ��� �j��r� �h �� 1 . [ 1.'Y .. �,� l 7��h r �Y:_'.r...a 1 tT.� _ SECTION 4: APPROVAL OF A STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement and maintenance of the Property are set forth in the following Stage 1 and Stage 2 Development Plan for the Project area which is hereby approved. This approval supersedes the Planned Development Prezone previously approved in Ordinance 24-00. Any amendments to the Stage 1 and/or Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. The following Stage 1 and Stage 2 Development Plans meet all the requirements for Stage 1 and Stage 2 Development Plans as set forth in Chapter 8.32 of the Dublin Zoning Ordinance. 5of10 Staqe 1 Development Plan 1. Statement of Proposed Uses. PD-Residential. The following uses are permitted in the PD-Residential: a. Single Family Dwelling b. Home Occupations, in accordance with Chapter 8.64 of the Dublin Zoning Ordinance c. Cottage Food Operations, in accordance with Chapter 8.65 of the Dublin Zoning Ordinance d. Family Day Care Home-Small, in accordance with the Dublin Zoning Ordinance e. Family Day Care Home-Large, in accordance with Chapter 8.66 of the Dublin Zoning Ordinance f. Second Units, in accordance with Chapter 8.80 of the Dublin Zoning Ordinance g. Other similar and related uses as determined by the Community Development Director PD-Open Space. The following uses are permitted in the PD-Open Space: a. Passive recreation including an open meadow, natural path and a picnic area b. Bioretention c. Other similar and related uses as determined by the Community Development Director 2. Stage 1 Site Plan. 1 +�., fi � Q i � ���...'�aw� �� f�'�'�t� �C'�'. i' �;' � .�_.� f��t�, �, +j ,t�� ex��n�.r.ueuiu;; � - -- � � m::.m�ta�c�n�� WlOPOSED PD RESDEMNL �> � _ & I.�� ' E 1 `� - - . _ % i � t, o�«°°osro+ms�ce°° pl ♦ i, ' C� � _ __ o��s� xr=�w ! :� �J ` '_"____nw,r .:.SNi�� . . 'f . _ { r �°`"„ �" _. -..� ' , . .. ��! E%�S71NG 4E60.1M � _ . � OE��ST'RES0EN7ML - ___"_ ___'___ 'MC�rras _- � �� '� Site Boundary � f �l r'.,'p i �� '� L�S'fWG OPEk 6of10 3. Site Area and Proposed Densities. a. Site Area: 2.648 acres b. Proposed Density: 7.2 dwelling units per acre c. Maximum Number of Units: 19 4. Phasing Plan. The project shall be developed in a single phase. 5. Master Neighborhood Landscaping Plan. r°====___=_=- - � g _-----.."'�-- _ _C: „�'9 rc r'n3 cs YY` ..C.:� - - -- .� y~ ` - µ ~C� �1 . • • _ — MA� � f � ':� '�1 � o- _ �,')� C�) �—��-"_ _ __' -—1—.. .1--- , .. . . � � �� • ' ' -�-�- -�. t , '' . i ..,.,.-. �.v..-<rtx-�-- - , _-j- ' ----r„_,,-N� y..:: - ; --. ._ , ;� +�e�snao - _ � . f ��� -• �.z I_,� / �f VJ _. . .•:. �4 � - ......... ' , '- � � ,f /!;,s.. ___�i�i . ;'. / , O � _� ��� . .� �.f _—__ ++���. I +�: ',"'�' ;1��� O �..... i a. . .,. �" ..� , �..o......�.� .��...,�..�.� r� .� ...... b�t� :�.�.. . I �.' ��♦ �� .��� /� '. s�IM1�1� ' � _ '�LlifsYJ�YlCd4°�'"' _ 6. General Plan and Eastern Dublin Specific Plan Consistency. The project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential which permits residential development within a density range of 6.1-14.0 dwelling units per acre. 7. Inclusionary Zoning Regulations. The project is not subject to the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing because the Regulations only apply to new residential development projects of 20 units are more. 8. Aerial Photo. ---- � . � ; �" ,�������� '� � i' �;�� � _ ' �'' °` s ��"`�"` ;� ; , r t � � � `*='.�k , .. --- � ; � ,. �`-;�__...`�^*`+�-w.., � .� � , " i^�,•., ' . , r ��� � � � ��; �f' .�.*� )��ri � s '�1� { r.� � Y . � � . : �.�* �� �. ,. . �+-�._ 1E**�'x JJ,. , ' � ��. � ���. . � � i� �- y�� �,f _ �+i, ���i'!r. !�' �r.���y ,.�F �,y4- ' S 7 � s y jq�� ..` . I} g �. _. �. _ _ *.�Jf. ��� � . . i `��_ 7of10 Staqe 2 Development Plan 1. Statement of Compatibility with Stage 1 Development Plan. This Stage 2 Development Plan is consistent with the provisions of the Stage 1 Development Plan. 2. Statement of Proposed Uses. Same as Stage 1 Development Plan 3. Stage 2 Site Plan. Same as Stage 1 Development Plan 4. Site Area and Proposed Densities. Same as Stage 1 Development Plan 5. Development Regulations.�A� Lot Guidelines Min. Lot Width 40' Min. Lot Depth 50' Max. Stories 2 Stories Max. Building Height 30' Max. Lot Coverage 55% Min. Usable Rear Yard�6� 250 SF Flat Area with a Minimum Clear Depth of 10' Sefbacks��� Principal Building Min. Front Yard�°��E� 10' (to Living Area or Garage) Min. Rear Yard�F� 5' Minimum with a 10' Average Min. Side Yard��� 4' Min. Driveway Depth 18' (if used towards guest parking) Accessorv Structures�"� Parkinq Parking 2 spaces per dwelling, enclosed in a garage �'� Guest Parking 2 spaces per dwelling, uncovered ��� Footnotes: (A) Unless otherwise noted, all terms shall be defined by Title 8 of the Dublin Municipal Code. (8) The optional California Room is permitted to encroach into the flat useab/e rear yard area. (C) Setbacks are measured from fhe property line. (D) Front Yard Encroachments: Items typical of a residential nature such as entry stairs, railings, and Entry Features (pursuant to Dublin Municipal Code Chapter 8.40) may encroach into the Front Yard setback a maximum of 3-feet. Roof overhangs, cornices, eaves, canopies may encroach a maximum of 2% feet. Air conditioning units are prohibited in the front yard. All utilities are to be screened from public view to the maximum extenf possible via walls, plantings, enclosures, roof placements, efc. (E) Minimum Front Yard Setback for Lot 8 is 5'. (F) Rear Yard Encroachments: 8of10 1. Roof overhangs, cornices, eaves and canopies may extend into the required setback a maximum of 2% feet provided that no such feature shall be permitted within 3-feet of the Rear Lot Line. 2. Accessory Structures may encroach into rear yard setbacks in accordance with Footnote H below. (G) Side Yard Encroachments: 1. Roof overhangs, cornices, eaves and canopies may extend into the required setback a maximum of 2% feet provided that no such feature shall be permitted within 3-feet of the Side Lot Line. 2. Accessory Strucfures may encroach into side yard setbacks in accordance with Footnote H below. 3. Air Conditioning units are prohibited in the Side Yard. An exception may be granted by the Community Development Director for side yards that are not adjacent to another single family lot and a minimum 3-foot wide pafh of travel can be provided around the air conditioning unit. (H) Accessory Structures shall be governed by Dublin Municipal Code Chapter 8.40 EXCEPT as follows: 1. Detached Accessory Strucfures in the side and/or rear yards shall be subject to the following: a. Minimum 3-foot side yard setback. b. No required rear yard sefback. c. Maximum 10-feet in height. d. Maximum area of 120 square feef. e. Exempt from Lot Coverage regulations. f. May be located within the required flat, useable rear yard space. 2. Attached Accessory Structures shall be considered part of the principal structure and shall be subject to Principal 8uilding setbacks and Lot Coverage requirements. (I) A minimum unobsfructed inside dimension of 20-feet by 20-feet shall be maintained for a private two-car garage. Conversion of garages to living space is not permitfed. (J) Residential driveways with a minimum depth of 18-feet and a minimum width of 16-feet may be counted towards the number of required uncovered guest parking spaces. On-street guesf parking spaces shall maintain a minimum dimension of 9-feet wide by 20-feet deep. The depth of the space may be reduced in accordance with the Dublin Zoning Ordinance. 6. Architectural Standards. The architectural character of the project draws inspiration from a variety of sources such as rural vernacular, bay area modern and prairie estate houses and is conceptually as follows: � � ,. ,� . . , _ - , - � �' �ut _ A<: •, :. , � - ..�I '..� : , - __ � ;: � �' . ; II� 1�4I1e�1uxuet itt�1.� — ,—�- � � �_ � .,,_, � .. � � �` �3 � , ; ..._,.�,,....,, a...,.,�,., o�� , � ��w �;� � . 7. Preliminary Landscape Plan. Same as Stage 1 Development Plan 8. Other Zoning Regulations. Except as specifically modified by the Stage 1 and Stage 2 Development Plans, all development within this Planned Development Zoning District shall be subject to the regulations of the R-1 (Single Family 9of10 Residential) Zoning District and any other applicable provision of Title 8 of the Dublin Municipal Code. SECTION 5: POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of the State of California. SECTION 6: EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days following its adoption. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this , 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 10 of 10 RESOLUTION NO. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUB�IN � RECOMMENDING CITY COUNCIL APPROVAL OF A VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dubtin Specific Plan area; and WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the "Project"; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) ("Eastern Dublin EIR"); and WHEREAS, since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided 1 of 3 ATTACHMENT 2 or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects; and WHEREAS, the Initial Study/ Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the MND Declaration was prepared; and WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 13, 2017 and incorporated herein by reference, described and analyzed the Project including the MND for the Planning Commission; and WHEREAS, on June 13, 2017 the Planning Commission held a properly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, on June 13, 2017, the Planning Commission adopted Resolution 17- XX recommending that the City Council approve the MND for the Project, which Resolution is incorporated herein by reference and is available for review at Dublin City Hall during normal business hours; and WHEREAS, on June 13, 2017, the Planning Commission adopted Resolution 17- XX recommending that the City Council approve the Planned Devetopment Rezone with Stage 1 and Stage 2 Development Plans for the Project, which Resolution is incorporated herein by reference and is available for review at Dublin City Hall during normal business hours; and WHEREAS, the Planning Commission reviewed and considered the MND and all reports, recommendations and testimony prior to making its recommendations on the Project. 2of3 I . NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution approving a Vesting Tentative Map and Site Development Review which draft Resolution is attached as Exhibit A and incorporated herein by reference. The Planning Commission recommendation is based on the Staff Report analysis and recommendation and on the findings set forth in the attached draft Resolution. PASSED, APPROVED AND ADOPTED this 13th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 3 of 3 uw��°'°°'°D�+ee�e'wMx,Et8Pt85'0{S�xejZLLl-L85-DtS�lel �* e+sve'Bwa�re�'��no�'ooz•ws'wre��n�u�e s���e m gia� 1ANZIO�IIVJ 'N119(14 s�auuv�d , vo.(anms Puv� o $� � s�aueisa4 , s�aauieu3l!^!� w� � z� 4M021 V2lVf`VSS111 L£Z9 y� N o ¢ � �� '�2100V�1 '� ° °��'d g,� �� •�i �sau,a�oad nwrrrM m >G � m=�o Z o � aOO/� \'(� o m ��N Z ��;�: //\\���dJ � �,''i' P ,7 u[� �♦ I� w w z _._ -- - .. ''157`J3a *�� J.7�IlJ ��/\OJ II � I �VYiJ = ¢ u a K i x c> o (n o a a �n . � G Y '`a.�„�•$' �.�, � FanmHd �a n,.�-,. s m - � , ...�,,, ¢° � � . i��� � ,�ren a° N ��� s� Ne u�ne� ; � € s � i �. * r�� � ��pp �__ �y�Qj • /� . 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N�� � s�aue�sa4 . siaaw8u3�inr� w > c�� U " WOb VaVf11SS111 L£Z9 � $ N �O ¢ Q �w '�2100W '� — �� g,� �,° •�i �saua�oad owNVM m �� � �_��Z o oi w m ^ N�°� z a00/h�f�l3��{`� �o - °�'b�1;�3a �y`P sszg dvw 3nuv1N31 JNUS3n Jlv�a3no a�a9 ss3aoav � _ `� '"" S K U Q � 2 S U � In O d d O 0 � � O O � O � O_ ^ O 1 / O � N � ° w -; - ��; � o _ � _ _ — _ � � � � � w ,� �� I`I` �. < '` U N � il - Q � � 2 O I a U Q N � � N �I I I � .. .}. II 0 O � I � _] � u„ �o I R i i� YV I ' N i� 0 V i,l � � � I ' � L � d � if �<� j° I '. 'I i �� I o � p �I � I � 'i I V� _ ; _ �� I, - �� o „//'!° 0 ; � q �� - __ , . , � ,I ; � ,� � �� ��� � _`'---__p!'', � � 0 � 06 ��, � � � d , _ , � ; . � , o , ��, _ �p' ° _ ��`�, �� , , _ -� ��., � �; � � � . J ��— j' -. �� �� � ti_r- '_ A `� ! 1 � ` � � ��.a� ' ° �\ � ,', O � -��� - _ �,, �, �� _ , 0 � \ � � - _ � _ ���r , b �� _ - �_ __ __-�_ � � �y� , , __ _l, b� -- ____1 � ��� _ bs --___ Sd �___ -_ 1 �-- _� 00 0 � . . � . . � RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * ** * * **,� APPROVING A VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area; and WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the "Project"; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres.in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain `�projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) ("Eastern Dublin EIR"); and WHEREAS, since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and ' WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the EXHIBIT A TO ATTACHMENT 2 1 of 45 Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects; and WHEREAS, the Initial Study/Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the Initial Study/Mitigated Negative Declaration was prepared; and WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 13, 2017 and incorporated herein by reference, was submitted to the Planning Commission recommending that the City Council adopt a Resolution approving the Vesting Tentative Map and Site Development Review; and WHEREAS, on June 13, 2017 the Planning Commission held a properly noticed public hearing on the Project, including the MND, at which time all interested parties had the opportunity to be heard and adopted Resolution 17-XX, incorporated herein by reference, recommending that the City Council adopt the Vesting Tentative Map and Site Development Review; and WHEREAS, on , 2017, the City Council held a properly noticed public hearing on the Project, including the MND, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report, dated Month, Day, 2017 and incorporated herein by reference, was submitted to the City Council recommending approval of the Vesting Tentative Map and Site Development Review; and WHEREAS, the City Council did review and consider the MND (including comments received and responses to comments), all said reports, recommendations and testimony and used its independent judgement prior to taking action on the Project; and 2 of 45 WHEREAS, the Vesting Tentative Map and Site Development Review, and all of the documents incorporated herein by reference, are available for review in the Community Development Department at Dublin City Hall during normal business hours. The location and custodian of the Vesting Tentative Map and Site Development Review and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file reference PLPA-2015-00023. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and are made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Vesting Tentative Map: A. The proposed Vesting Tentative Tract Map 8299 subdivision map together with : the provisions for its design and improvement is consistent with the General Plan and any applicable specific plan in that: 1) the proposed Map creates 19 lots for the development of one single family dwelling per lot and is consistent with the density range permitted under the General Plan and Eastern Dublin Specific Plan for medium density residential land uses; 2) the proposed Map includes provisions for infrastructure and services that will support the development; and, 3) the proposed Map includes frontage improvements that will complete the widening of Tassajara Road consistent with properties to the north and south of the Project site. B. The subdivision site is physically suitable for the type and proposed density of development in that: 1) the site is generally flat and the proposed Project will be developed within the existing disturbed footprint of the site; and, 2) the site design has been integrated with the layout and topography of the property including the placement of future residential dwellings as far as practical from the adjacent creek tributary. ' C. The tentative tract map is consistent with the intent of applicable subdivision design, or improvements of the tentative tract map are consistent with the city's general plan any applicable specific plan in that: 1) the proposed Map creates 19 lots for the development of one single family dwelling per lot and is consistent with the density range permitted under the General Plan and Eastern Dublin Specific Plan for medium density residential land uses; 2) the proposed Map includes provisions for infrastructure and services that will support the development; and, 3) the proposed Map includes frontage improvements that will complete the widening of Tassajara Road consistent with properties to the north and south of the Project site. D. The subdivision design and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their 3 of 45 habitat in that: 1) an Initial Study/Supplemental Mitigated Negative Declaration has been prepared for the Project and all Mitigation Measures of the Eastern Dublin General Plan Amendment and Specific Plan EIR as well as Mitigation Measures contained in the Project level Initial Study/Supplemental Mitigated Negative Declaration will be implemented in conjunction with the Project; and, 2) development of the Project site will occur within the existing disturbed footprint of the property. E. The design of the subdivision or type of improvements will not cause serious public health concerns in that: 1) the proposed Map subdivides an existing parcel for the development of 19 single family lots with one dwelling per lot consistent with the Medium Density Residential land use designation set forth in the General Plan and Eastern Dublin Specific Plan; and, 2) the design and improvements will be constructed in accordance with all local regulations and ordinances. F. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; or alternate easements are provided pursuant to Government Code Section 66474(g) in that: 1) the Project site does not contain an existing easements that would either grant the public access through, or use of, the property. G. The design or improvements of the tentative map are consistent with the city's general plan and any applicable specific plan in that: 1) the proposed Map creates 19 lots for the development of one single family dwelling per lot and is consistent with the density range permitted under the General Plan and Eastem Dublin Specific Plan for medium density residential land uses; 2) the proposed Map includes provisions for infrastructure and services that will support the development; and, 3) the proposed Map includes frontage improvements that will complete the widening of Tassajara Road consistent with properties to the north and south of the Project site. H. The subdivision is designed to provide for future passive or natural heating or cooling opportunities in that: 1) the proposed Map provides for the creation of 19 single family lots that are arranged in an east-west configuration which provides ' the majority of the homes with southern exposure. I. The tentative tract map, including design and improvement, shall comply with all the applicable provisions and requirements of the zoning ordinance, the latest municipal stormwater permit issued to the city by the Regional Water Quality Control Board, this title, any other ordinance of the city and the Subdivision Map Act. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Site Development Review: 4of45 A. The proposal is consistent with the purposes of DMC Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines in that: 1) the Project is well designed and compatible with surrounding properties; 2) the Project is consistent with the regulations and standards of a medium density residential development; 3) the Project has been designed in accordance with the General Plan and Eastern Dublin Specific Plan; and, 4) the Project will provide adequate circulation for automobiles, pedestrians and bicyclists. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the Project contributes to orderly, attractive, and harmonious site and structural development compatible with the intended use, proposed subdivision and the surrounding properties; 2) the Project provides a quality architectural and landscape design to complement existing and planned uses in the area; and, 3) the Project complies with the development regulations set forth in the Zoning Ordinance, where applicable, and with the related Planned Development Zoning District including the Stage 1 and Stage 2 Development Plans for the Project site. ' C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed in that: 1) the size and mass of the proposed residential dwellings are consistent with other medium density residential developments in the vicinity; and, 2) the Project will contribute to housing opportunities as anticipated in the General Plan Housing Element and Eastern Dublin Specific Plan. D. The subject site is physically suitable for the type and intensity of the approved development in that: 1) the Project site is 2.648 acres in size, is generally flat and is proposed to be developed with 19 single family dwellings; 2) the Project provides medium density residential development in an area planned for residential uses; 3) the Project is consistent with the related Planned Development Zoning District for the Project site; and, 4) the Project site will be fully served by a nefinrork of infrastructure including roadways, services and facilities. E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project site is completely disturbed, generally flat and does not contain any major topographic features; and, 2) slight grade differentials between the Project site and Quarry Lane School to the north will be addressed, if necessary, with low retaining walls. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the Project provides a quality architectural and landscape design to complement existing and planned 5 of 45 uses in the area; 2) the proposed single family dwellings reflect the architectural styles and development standards for similar residential neighborhoods in the vicinity; and, 3) the colors and materials proposed compliment the architectural styles and are compatible with similar developments in the vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) the Project site will be attractively landscaped with a variety of trees, shrubs and ground covers; 2) open space areas for passive use will be landscaped to provide an attractive environment for residents to observe the adjacent creek tributary; 3) the Project will comply with sustainable landscape practices and the City's Water Efficient Landscape Ordinance; and, 4) the Project frontage will be fully improved and landscaped to provide an attractive environment from Tassajara Road. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) all infrastructure including, streets, sidewalks and street lighting will be constructed in accordance with the General Plan, Eastern Dublin Specific Plan and all applicable local ordinances and regulations; and, 2) development of the Project will conform to the improvement standards allowing residents safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby approve the Vesting Tentative Map and Site Development Review for the Wanmei Properties, Inc. project at 6237 Tassajara Road, subject to the following conditions of approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with as indicated in the table below (see column When Required, Prior to) and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PW] Public Works; [ADM] Administration/City Attorney; [F] Dublin Fire Prevention; and, [DSR] Dublin San Ramon Services District. NO. CONDITIONS OF APPROVAL Responsibl When Source e Dept./ Required/ Agency Prior to: GENERAL 1. Approval. This Vesting Tentative Map and Site PL Planning Development Review approval is for the construction of 19 single family detached homes at 6237 Tassajara Road (PLPA-2015-00023). This approval shall be as generally depicted and 6 of 45 indicated on the plans prepared by Dahlin Group, Reed Associates and Greenwood & Moore, Inc. dated December 16, 2015 and date stamp received June 1, 2017 (Exhibit A), the color and material board date stamp received June 1, 2017 (Exhibit B) and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. This Vesting Tentative Map and Site Development Review approval is contingent upon adoption of the related Mitigated Negative Declaration and Planned Development Zoning for the project. 2. Effective Date. This Vesting Tentative Map and PL Site Development Review approval becomes effective concurrently with the effective date of the related Ordinance adopting the Planned Development Zoning for the project. 3. Permit Expiration. PL 1 year from DMC Site Development Review: Construction or use approval 8.96.020. shall commence within one (1) year of the D effective date of the approval or the approval shall lapse and become null and void. Vestin� Tentative Map: The Vesting Tentative ', Maps shall have that life determined by the Subdivision Map Act, including but not limited to Section 66452.6 4. Time Eutension. The original approving PL 1 year from DMC decision-maker may grant a time extension of approval 8.96.020. approval for a period not to exceed six (6) E months pursuant to DMC 8.96.020.E. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes 8.104 to this approval pursuant to DMC 8.104. 6. Revocation. This approval shall be revocable for PL On-going DMC cause in accordance with Section 8.96.020.1 of 8.96.020.1 the Dublin Zoning Ordinance. 7. Requirements and Standard Conditions. The Various Issuance of Various Applicant/ Developer shall comply with all building applicable requirements and standard permits or 7 of 45 conditions of the following: City of Dublin installation Building Division, Dublin Fire Prevention Bureau, of Dublin Public Works Department, Dublin Police improvemen Services, Dublin San Ramon Services District, ts Alameda County Flood Control District Zone 7, Civermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, and the California Department of Health Services. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each applicable department or agency to the Planning Division, indicating that all conditions required have been or will be met. 8. Fees. Applicant/Developer shal) pay all Various Issuance of Various applicable fees in effect, including, but not building limited to, Planning fees; Building fees; Traffic permits Impact Fees; MC fees; Dublin San Ramon Services District fees; Public Facilities fees; ' Dublin Unified School District School Impact fees (per agreement between Developer and School District); Fire Facilities Impact fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and/or, any other fee that may be adopted and applicable. 9. Indemnification. The Developer shall defend, ADM On-going Admin/Ci indemnify, and hold harmless the City of Dublin ty and its agents, officers, and employees from any Attorney claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however,that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's 8of45 promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 10. Clarifications to the Conditions of Approval. In PL On-going Planning the event there needs to be clarification to these Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. 11. Controlling Activities. The Applicant/Developer PL Through Planning shall control all activities on the project site so construction as not to create a nuisance to and on-going existing/surrounding businesses and/or residences. 12. Clean-up. The Applicant/Developer shall be PL Through Planning responsible for clean-up and disposal of project construction related trash to maintain a safe, clean, and litter-free project site. 13. Property Maintenance. The PL On-going DMC Applicant/Developer and property owner shall 5.64.040 ' be responsible for maintaining the project site in a clean and litter free condition during construction and through completion. In accordance with the City of Dublin Residential Property Maintenance Ordinance the Applicant/Property Owner shall maintain the site and all structures thereon in good condition at all times and shall keep the site clear of weeds, trash, junk, and debris and graffiti vandalism on a regular and continuous basis. 14. Noise/Nuisances.The Applicant/Developer shall PL On-going DMC , control all activities on the project site so as not 5.28 to create unusual or unnecessary noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any 9 of 45 reasonable person of normal sensitivity present in the area. 15. Accessory/Temporary Structures and Uses. A PL Placement DMC Temporary Use Permit is required for all on-site 8.108 construction trailers, construction equipment storage yards, security trailers and storage containers used during construction. 16. Equipment Screening. All electrical and/or PL Issuance of Planning mechanical equipment shall be screened from building public view. Any roof-mounted equipment shall permits be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. 17. Air Conditioning Units. Air conditioning units on PL Issuance of Planning interior lots shall be placed at the rear of the building home (outside of the side yard) and a minimum permits of 3-feet of clear access shall be maintained around the unit. The Community Development Director may allow less than 3-feet clear if no other feasible location can be provided and both side yards are equipped with gates for access to the rear of the home. Lots 1, 16 and 17 may place the air conditioning unit in the side yard that is not adjacent to another home. Final placement of all air conditioning units shall be subject to review and approval by the Community Development Director. 18. Mitigation Monitoring and Reporting Program. PL On-going Planning The Applicant/ Developer shall comply with the Mitigation Monitoring and Reporting Program adopted by City Council Resolution XX-17 as part of the Initial Study / Supplemental Mitigated Negative Declaration. , �1�ti�1/ELGP#1A�'�EiN 19. Mitigation Monitoring Program. The Developer PL Permit Planning shall comply with the Mitigated Negative Issuance and Declaration and Mitigation Monitoring and On-going Reporting Program and any subsequent or prior environmental documents pertaining to this 10 of 45 project including all mitigation measures, action ' programs, and implementation measures on file with the Community Development Department. 20. Tentative Map Conditions of Approval. All PL Permit Planning applicable Tentative Map Conditions of Issuance and Approval shall apply to this Site Development On-going Review. 21. Glare/Reflective Finishes. The use of reflective PL Permit Planning finishes on building exteriors is prohibited. In Issuance and order to control the effects of glare, reflective On-going glass is prohibited on all east-facing windows. 22. Light and Glare. Lighting is required over PL Permit Planning exterior entrances/doors. Exterior lighting used Issuance and after daylight hours shall be adequate to On-going provide for security needs. All exterior building and site lighting fixtures shall be directed downwards and not onto adjacent properties; all light sources shall be shielded from direct off- site viewing. 23. Satellite Dishes. Prior to the issuance of Building PL Issuance of Planning ' Permits, the Developer's Architect shall prepare building a plan for review and approval by the Director permits of Community Development and the Building Official that provides a consistent and ' unobtrusive location for the placement of individual satellite dishes on individual units. Individual conduit will be run from the individual residential unit to the location on the building to limit the amount of exposed cable required to activate any satellite dish. It is preferred that where chimneys exist, that the mounting of the dish be incorporated into the chimney. The Covenants Conditions and Restrictions (CC&R's) shall contain language stating that the individual units contain conduit and central locations for satellite dish connections and failure to use those conduits and locations (if the resident has or wants a satellite dish) will ' constitute a violation of those CC&R's. The penalty for that violation shall be specified. Additionally, prior to the issuance of building permits for any neighborhood, the developer 11 of 45 shall prepare a disclosure statement, to be reviewed by the Community Development Director, and signed by every first time home purchaser indicating that utilizing this dedicated conduit and central mounting location is a requirement if a satellite dish is installed. 24. Sound Attenuation. Prior to the issuance of PL Issuance of Planning building permits for any building where sound building attenuation is required, plans shall be submitted permits for review and approval of the Community Development Director that indicate compliance with recommendations contained in the acoustical report for the exterior noise attenuation as applied by the City of Dublin General Plan Noise Element. Said Plans shall indicate design continuity with the original approval for any barriers required for exterior noise attenuation and should be designed to blend with the approved architecture and to be unobtrusive. 25. Herpetological Barrier. The secondary PL Issuance of Planning herpetological barrier shall have a 4-foot building concrete base with 2-feet of decorative steel on permits and top for a total height of 6-feet. The secondary through barrier shall be in addition to the existing barrier completion located along the southern property line. The secondary barrier shall also be extended along the eastern property line to fully preclude special status species from migrating onto the project site. The final design shall be generally consistent with the preliminary design shown on Sheet L3.0 (Landscape Fence and Amenities Details) of the project plans. Modifications to the proposed barrier may be reviewed and approved by the Community Development Director through a Site Development Review Waiver. 26. Permanent Signage. This Site Development PL On-going DMC 8.84 Review approval includes approval of a neighborhood identification sign on the community wall near the main entrance to the project. The location and final design shall be generally consistent with the preliminary design shown on Sheet A.17 (Soundwall and Details) of 12 of 45 the project plans. The Applicant/Developer shall obtain a Zoning Clearance and, if applicable, building permits, prior to installation of the sign. ����� ,� ��; , �� � +�H�' � � �# �� 27. Residential Security Requirements. The PL, B Permit DMC property owner and/or their designee shall Issuance and 7.34.160 comply with the City of Dublin Residential On-going Security Requirements. 28. Security During Construction. PL, B, PW During Planning a) Fencing: The perimeter of the construction construction site shall be fenced and and through locked at all times when workers are not completion present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b) Address Sign: A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the perimeter street adjacent to construction activities. c) Emergency Contact: Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of persons responsible for the construction site. d) Materials & Tools: Good security practices shall be followed with respect to storage of building materials and tools at the construction site. ' e) Security Lighting & Patrols: Security lighting and patrols shall be employed as necessary. 29. Lighting Levels. The Applicant/Developer shall PL Permit Planning prepare a photometric plan to the satisfaction Issuance and of the City Engineer, Community Development On-going Director and Dublin Police Services. Exterior 13 of 45 lighting shall be provided along the roadway and parking areas as well as residential dwellings, and shall be of a design and placement so as not to cause glare on adjoining properties or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The photometric plan shall show light measurements for the entire project site including any light spillover onto adjacent properties. 30. Landscaping. Landscaping shall be kept at a PL Permit Planning minimal height and fullness giving patrol officers Issuance and and the general public surveillance capabilities On-going of the area. 31. Graffiti. The site shall be kept clear of graffiti PL Permit DMC vandalism on a regular and continuous basis. Issuance and 5.68 Graffiti resistant materials shall be used On-going including but not limited to graffiti resistant paints for the structures and graffiti resistant film for windows or glass. � � �� �� �� ��� �$�� �z�: �..� _. , . , , J., . 32. Final Landscape and Irrigation Plans. Final PL, PW Issuance of Planning Landscape and Irrigation Plans shall be prepared building and stamped by a State licensed landscape permits architect or registered engineer and shall be submitted for review and approval by the City Engineer (public Right-of-Way landscaping) and the Community Development Director (on-site landscaping). Plans Coordination. The Final Landscape and Irrigation Plans shall be coordinated with the Civil Improvement Plans,Joint Trench Plans, and Street Lighting Plans. All said Plans shall be submitted for review on the same size sheet and plotted at the same drawing scale for consistency, improved legibility and interdisciplinary coordination. Utility Placement and Coordination. Utilities shall be coordinated with proposed tree locations to eliminate conflicts between trees and utilities. Typical utility plans shall be submitted for each house type to serve as a 14 of 45 guide during the preparation of final grading, planting and utility plans. Utilities may have to be relocated in order to provide the required separation between trees and utilities. The Applicant shall submit a final tree/utility coordination plan as part of the construction document review process to demonstrate that this condition has been satisfied. The final Landscape and Irrigation Plans shall be approved by the Community Development Director and the Public Works Director, or their designees. Plans shall be generally consistent with the preliminary landscape plan prepared by Reed Associates Landscape Architecture, with an issue date of 12-16-15 and consisting of Sheets L1.0, L1.1, L1.2, L2.0, and L3.0, except as modified by the Conditions of Approval contained herein or as required by the Community Development Director. 33. Final Planting and Irrigation Design. The final PL Issuance of Planning planting and irrigation design shall: building a. Utilize plant material that will be capable permits of healthy growth within the given range of soil and climate. b. Provide landscape screening that is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. Provide that 75% of the proposed trees on the site are a minimum of 24 inch box in size, and at least 50% of the proposed shrubs on the site are a minimum of 5 gallons in size. d. Provide concrete paving for all walkways providing access to homes and guest parking; provide concrete curbing at the edges of all planters and paving surfaces, where appropriate. e. That all cut and fill slopes conform to the master vesting tentative map and conditions detailed in the Site Development Review approval. f. That all cut-and-fill slopes graded and 15 of 45 not constructed by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stockpiles of loose soil existing on that date are hydroseeded in a similar manner. g. Specify that the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree, if applicable. h. Include a warranty from the owners and/or contractors to warrant all trees, shrubs and ground cover and the irrigation system for one year from the date of project acceptance by the City. ' i. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. j. Staff will work with the Applicant during the Final Landscape and Irrigation Plan review to identify an appropriate location for the six (48" box) oak trees. 34. Tree Preservation. PL, PW Issuance of Planning • The Iocation, details and requirements demolition for Tree Protection Fencing shall be and/or included as part of the civil grading grading and/or demolition plans. permit • Tree preservation techniques, and guarantees, shall be reviewed and approved by the Community Development Director prior to the issuance of a demolition and/or grading permit. • Developer shall retain the services of a certified arborist to supervise any ' necessary pruning of the existing 36" DBH Oak Tree that extends over the south property line. Construction pruning shall be completed before Tree 16 of 45 Protection Fencing is installed. • Tree Protection Fencing shall be installed before demolition and grading work. Tree Protection Fencing shall be maintained in place until acceptance of the project. 35. Water Efficient Landscaping Regulations. Final PL Issuance of DMC 8.88 landscape and irrigation plans shall comply with building the Water-Efficient Landscaping Regulations. permits 36. Bio-Retention Areas. The design of bio- PL Issuance of Planning retention areas shall be enhanced to create an building open space landscape feature that is attractive, permits conserves water, and requires minimal maintenance. 37. Tree Clearances. The following clearances shall PL Issuance of Planning be used as a guideline for the planting of trees. building Minor deviations may be approved by the permits Community Development Director based on specific site conditions. a. 6' from the face of building walls or roof eaves b. 7' from fire hydrants, storm drains, sanitary sewers and/or gas lines c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns e. 20'from either side of a streetlight 38. Irrigation System Warranty. Developer shall PL Issuance of Planning warranty the irrigation system and planting for a building period of one year from the date of installation. permits Developer shall submit a landscape maintenance plan for Common Area landscaping including a reasonable estimate of expenses for the first five years for approval by the Community Development Director. 39. Walls, Fences and Mailboxes. Developer shall PL Issuance of Planning include final plans and details for all site walls, building ' fencing, lighting and amenities including site permits signage, benches, tables and mailboxes with the final landscape and irrigation plans. Specifically, the Applicant shall submit "shop drawings" for 17 of 45 the soundwall/project wall, retaining walls, the herpetological low wall and railing for review and approval prior to approval of the construction documents. Mailboxes base (post) shall be upgraded to be a decorative base. Mailbox locations shall be integrated within the landscape and shall comply with USPS requirements. Colors of site furnishings and amenities shall be coordinated. 40. Sustainable Landscape Practices. The landscape PL Issuance of Planning design shall demonstrate compliance with building sustainable landscape practices as detailed in permits the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard, meeting 9 of the 9 required practices and specifying that 75% of . the non-turf planting only requires occasional, ; little or no shearing or summer water once established. Final selection and placement of trees, shrubs and ground cover plants shall ensure compliance with this requirement. Herbaceous plants shall be used along walks to reduce maintenance and the visibility of the sheared branches of woody ground cover plants. Planters for medium sized trees shall be a minimum of six feet wide. Small trees or shrubs shall be selected for planting areas less than six feet wide. 41. Copies of Approved Plans. The Applicant shall PL Issuance of Planning provide the Planning Division with two full size building copies; one % sized copy; and, one electronic permits copy of the approved landscape and irrigation plans. 42. Standard Plant Material, Irrigation and PL Issuance of Planning Maintenance Agreement. The building Applicant/Developer shall complete and submit permits ' to the Dublin Planning Division the Standard Plant Material, Irrigation and Maintenance : Agreement. 43. Root Barriers and Tree Staking. The landscape PL Issuance of Planning plans shall include root barrier and tree staking building details. permits SUlLOING DIYISiON "� 18 of 45 44. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 45. Retaining Walls. All retaining walls over 30 B Through Building inches in height and in a walkway shall be Completion provided with guardrails. All retaining walls over 36 inches in height without a surcharge or any retaining wall with a surcharge shall obtain permits and inspections from the Building & Safety Division. See the Dublin Municipal Code for the complete exception. 46. Phased Occupancy Plan. If occupancy is B Occupancy of Building requested to occur in phases, then all physical any affected improvements within each phase shall be building required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 47. Building Permits. To apply for building permits, B Issuance of Building ' Applicant/Developer shall submit five (5) sets of Building construction plans to the Building & Safety Permits Division for plan check. Each set of plans shall 19 of 45 have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 48. Construction Drawings. Construction plans shall B Issuance of Building be fully dimensioned (including building building elevations) accurately drawn (depicting all permits existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 49. Air Conditioning Units. Air conditioning units B Occupancy of Building and ventilation ducts shall be screened from Unit public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Chief Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the Planned Development Zoning text and these conditions of approval. 50. Temporary Fencing. Temporary Construction B Through Building fencing shall be installed along the perimeter of Completion all work under construction. 51. Addressing B Building a) Provide a site plan with the City of a) Prior to Dublin's address grid overlaid on the release of plans (1 to 30 scale). Highlight all addresses exterior door openings on plans (front, rear, garage, etc.). The site plan shall include a single large format page 20 of 45 showing the entire project and individual sheets for each neighborhood. 3 copies on full size sheets and 5 copies reduced sheets. b) Prior to permitting b) Provide plan for display of addresses. The Building Official shall approve plan prior to issuance of the first building c) Occupancy permit. (Prior to permitting) of any Unit c) Address signage shall be provided as per d) Permit the Dublin Residential Security Code. issuance, and d) Exterior address numbers shall be through backlight and be posted in such a way completion that they may be seen from the street. e) Prior to e) Driveways servicing more than one (1) permit individual dwelling unit shall have a issuance, and minimum of 4 inch high identification through numbers, noting the range of unit completion numbers placed at the entrance to each driveway at a height between 36 and 42 inches above grade. The light source shall be provided with an uninterruptible AC power source or controlled only by photoelectric device. 52. Engineer Observation. The Engineer of record B Scheduling Building shall be retained to provide observation services the final for all components of the lateral and vertical frame design of the building, including nailing, hold- inspection downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 53. Foundation. Geotechnical Engineer for the soils B Permit Building report shall review and approve the foundation issuance design. A letter shall be submitted to the Building Division on the approvaL 54. Copies of Approved Plans. Applicant shall B 30 days after Building provide the Building Division with 2 reduced permit and (1/2 size) copies of the City of Dublin stamped each revision approved plan. issuance 55. Cool Roofs. Flat roof areas shall have their B Through Building roofing material coated with light colored gravel Completion 21 of 45 or painted with light colored or reflective material designed for Cool Roofs. 56. Solar Zone—CA Energy Code. Show the location B Through Building of the Solar Zone on the site plan. Detail the Completion orientation of the Solar Zone. This information shall be shown in the master plan check on the overall site plan, the individual roof plans and the plot plans. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. 57. Wildfire Management. Provide in the master B Through Building drawing set, a sheet detailing which lots are Completion adjacent to open space and subject to the Wildfire Management provisions of the code. Add a note to the plot plan that for each lot that is subject to wildfire management. 58. Accessible Parking. The required number of B Through Building parking stalls, the design and location of the Completion accessible parking stalls shall be as required by the CA Building Code. 59. Recreation Centers. Building permits are B Through Building required for all recreation centers, swimming Completion pools, spas, and associated amenities and are required to meet the accessibility and building codes. Pool and Deck area shall be considered conceptual in nature only, items such as exiting and permit requirements shall be reviewed during the permitting process. 60. Options. Selected options that affect the square B Through Building footage of the dwellings shall be listed on the Completion building permit application. Selected options that affect the footprint of the dwelling shall be shown on the plot plan F�R�t�R�EM#�!�B�RE�1U Y � 61. Fire Access During Construction. F Through Fire a) Fire Access. Access roads, turnarounds, completion pullouts and fire operation areas are Fire and on-going Lanes and shall be maintained clear and ' free of obstructions, including the parking of vehicles. b) Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers 22 of 45 that provide for emergency access. c) Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to combustible construction commencing. d) Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key-switch, and within required 150-feet distance to Fire Lane. e) Personnel Access. Approved route to furthermost portion of exterior wall. Route width, slope, surface, obstructions must be considered. fl Fire access is required to be approved all-weather access. Show on the plans the location of the all-weather access and a description of the construction. Access road must be designed to support � the imposed loads of fire apparatus. 62. Dublin Municipal Code. F Through Fire a) 5.08.130 Fire Apparatus Access Roads. completion Section 503.1 amended by adding and on-going Section 503.1.2.1. The minimum number , of access roads serving residential development(s) shall be based upon the number of dwelling units served and shall be as follows: • 1-25 units—One public or private access road. The maximum length of a single access road shall be no greater than 1,000 feet. The length may be modified for special circumstances in accordance with ' Section 103.1.2. b) 5.08.140 Specifications. Section 503.2.3 is amended by adding Section 503.2.3.1. Fire and Emergency Access Roads approved for construction sites shall be designed to meet the requirements of Section 503.2. The approved all-weather surface shall be considered as �rst lift of 23 of 45 asphalt and the access shall be approved by the Department of Public Works prior to commencement of combustible - storage or any construction on the site. Fire apparatus roadways shall have a minimum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LAN E-CVC 22500.1" Fire apparatus roadways must extend to within 150 feet of the most remote first floor exterior wall of any building (CFC 2007,Section 503.1.1). The maximum grade for a fire apparatus roadway is 12% (CFC 2007, Section 503.2.7). Fire apparatus roadways in excess of 150 feet in length must make provisions for approved apparatus turnarounds (CFC 2007, Section 503.2.5). $ � ��3���IV����!1�1#��:°�r 63. Ownership and Maintenance of Improvements. PW Final Map Public Prior to approval of the first Final Map, the and Ongoing Works Developer shall submit an "Ownership and Maintenance" exhibit indicating the areas maintained by the City of Dublin and the Homeowner's Association. The "Ownership and Maintenance" exhibit shall be subject to review and approval by the City Engineer. 64. Landscape Features within Public Right of Way. PW First Final Public The Developer shall enter into an "Agreement Map; Works for Long Term Encroachments" with the City to Modify with allow the Homeowner's Association to maintain Successive 24 of 45 the curb & gutter, sidewalk, landscape and Final Maps decorative features within public Right of Way including frontage landscaping, decorative pavements and special features (i.e., walls, portals, benches, etc.) as generally shown on the Site Development Review package. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Homeowner's Association will be responsible for maintaining the surface of all decorative pavements including restoration required as the result of utility repairs. 65. Covenants, Conditions and Restrictions PW First Final Public (CC&Rs). A Homeowners Association shall be Map; Works formed by recordation of a declaration of Modify with Covenants, Conditions, and Restrictions to Successive govern use and maintenance of the landscape Final Maps features, decorative pavement and other features within the public right of way contained in the Agreement for Long Term Encroachments; all open space and common area landscaping; and all stormwater treatment measures. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall also contain a provision that prohibits the amendment of those provisions of the CC&Rs requested by City without the City's approval. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all private streets, alleyways and motor courts; landscaping & irrigation; decorative pavements; median islands; fences; walls; drainage and stormwater treatment features; lighting; signs and other related improvements. The CC&Rs shall also contain all other items required by these conditions. The Developer shall submit a copy of the CC&R document to the City for review and approval. 66. Tassajara Road Frontage Improvements. The PW First Final Public Developer shall install complete roadway and Map and On- Works utility improvements along the project's going Tassajara Road frontage as shown on the 25 of 45 tentative map, with modifications as necessary to conform to the four lane ultimate precise alignment currently being prepared by the City of Dublin. Minor variations to the typical curb- to-curb and right-of-way widths as shown on the final adopted four lane precise plan may be permitted along the project frontage as determined by the City Engineer. Required roadway and utility improvements for the widening of Tassajara Road along the project's frontage shall include, but are not limited to: installation of pavement (minimum half-street width, or further as necessary for smooth transition), curb, gutter, sidewalk, driveway or street-type connection at private street intersection, drainage improvements, stormwater treatment measures, street trees, landscaping, irrigation, street lights, utility relocations, signing and striping. Pavement removal, conforms and transitions will be required as necessary to conform to existing improvements in Tassajara Road, as determined by the City Engineer. In addition, the installation of a maximum 16' wide raised or striped median and the re-striping of the existing southbound drop lane transition on the west side of Tassajara Road shall be required, as determined by the City Engineer. Applicable Tassajara Road improvement costs shall be credited appropriately against the project's Eastern Dublin Traffic Impact Fee (EDTIF) in an amount not to exceed the costs included in the 2010 EDTIF Update or subsequent updates. 67. Tassajara Road Improvement (Between PW First Final Public Shadow Hill Drive and Existing Bridge). Map and On- Works Developer shall install new pavement section, going striping, drainage and any other unfinished improvements within the area. These improvement cost shall be credited appropriately against the project's Traffic 26 of 45 Impact Fee. 68. Public Service Easements (PSE). A 5' Public PW First Final Public Service Easement(s) shall be dedicated along Map and On- Works the project's Tassajara Road to allow for the going proper placement of public utility vaults, boxes, appurtenances or similar items behind the back- of-sidewalk. Private improvements such as fences, gates or trellises shall not be located within the public service easements. 69. Private Streets. The Developer shall establish PW Final Map Public private street access rights and install complete Works street improvements for the proposed private streets and alley ways within the development as shown on the Tentative Map. 70. Improvements adjacent to Drainage PW First Final Public Conservation Area and Creek. Developer shall Map and On- Works construct all improvements within the property going boundary and shall not encroachment into the adjacent creek or conservation area. 71. Intersection Sight Distance. On-street parking PW First Final Public shall be restricted within the triangles created Map Works by the Safe Stopping Sight Distance zones (Visibility Zones) at the project entrance. In addition, all landscaping and architectural features shall be no more than 30-inches tall inside the Visibility Zones at the project entrances. The Visibility Zones shall be determined by the traffic analysis. The traffic analysis shall be reviewed and approved by the Traffic Engineer. 72. Private street and common area subdivision PW First Final Public improvements. Common area improvements, Map Works private streets, private alleys and all other subdivision improvements owned or maintained by the homeowners' owners association are subject to review and approval by the City Engineer prior to Final Map approval and shall be included in the Tract Improvement Agreement. Such improvements include, but are not limited to: curb & gutter, pavement areas, sidewalks, access ramps & driveways; enhanced street paving; parking spaces; street lights (wired underground) and appurtenances; 27 of 45 drainage facilities; utilities; landscape and irrigation facilities; open space landscaping; stormwater treatment facilities; striping and signage; and fire hydrants. 73. Private Street and Sidewalk Improvements. PW First Final Public The private sidewalk internal to the project shall Map Works be minimum width of four feet (4') and a foot by five foot (5'x5') "turnaround" areas shall be provided at intervals of no less than two hundred feet (200'). 74. Private Street Easements. Public Utility PW First Final Public Easements (PUE), Sanitary Sewer Easements Map Works (SSE) and Water Line Easements (WLE) shall be established over all private streets within the subdivisions. The PUE, SSE and WLE dedication ' statements on the Final Map are to recite that the easements are available for, but not limited to, the installation, access and maintenance of sanitary and storm sewers, water, electrical and communication facilities. Project entry monument signs and walls shall not be located within these easements. 75. Private Street Easements. The Developer shall PW First Final Public dedicate Emergency Vehicle Access Easements Map Works (EVAE) over the clear pavement width of all private streets and alleys. Easement geometry shall be subject to the approval of the City Engineer and Fire Marshall. 76. Monuments. Final Maps shall include private PW First Final Public street monuments to be set in all private Map Works streets. Private street monuments shall be set at all intersections and as determined by the City Engineer. 77. Curb Ramps. Curb ramp layouts are not PW First Final Public approved at this time. The number, location and Map and On- Works layout of all curb ramps shall be reviewed and going approved by the City Engineer with the Improvement Plans associated with each Final Map. All pedestrian ramps shall be designed and constructed to provide direct access to marked or unmarked crosswalks. Each pedestrian ramp shall be oriented such that it is aligned and parallel to the marked or unmarked crosswalk it 28 of 45 is intended to serve. Pedestrian ramps serving more than one marked or unmarked crosswalk shall not be provided, unless specifically approved by the City Engineer. 78. Stormwater Management. The provided PW First Final Public Stormwater Management Plan, Sheet C5.0 of Map and On- Works the Tentative Map, prepared by Greenwood & going Moore Inc. dated 12/16/2015 is approved in concept only, except as noted below. The final Stormwater Management Plan is subject to City Engineer approval prior to approval of the Tract ' Improvement Plans. Approval is subject to the developer providing the necessary plans, ' details, and calculations that demonstrate the plan complies with the standards issued by the San Francisco Bay Regional Water Quality Control Board. 79. Trash Capture. The project Stormwater PW First Final Public Management Plan shall incorporate trash Map and On- Works capture measures such as inlet filters or going hydrodynamic separator units to address the requirements of Provision C.10 of the Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (MRP) to the satisfaction of the City Engineer. 80. Storm Water Treatment Measures PW First Final Public Maintenance Agreement. Developer shall enter Map and On- Works into an Agreement with the City of Dublin that going guarantees the property owner's perpetual ' maintenance obligation for all stormwater treatment measures installed as part of the project. Said Agreement is required pursuant to Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2009- 0074. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. The Agreement shall be recorded against the property and shall run with the land. 81. Stormwater Source Control. "No Dumping PW First Final Public Drains to Bay" storm drain medallions per City Map and On- Works Standard Detail CD-704 shall be placed on all going public and private storm drain inlets. 29 of 45 ' 82. Utilities. All new utility service connections, PW First Final Public including electrical and communications, shall Map and On- Works be installed underground. Electrical going transformers shall be installed in underground vaults within an appropriate utility easement or public service easement. 83. Landscape Plans. Developer shall submit design PW First Final Public development Landscape Plans with the�rst plan Map and On- Works check for the street improvement plans and going final map for each respective tract. The Landscape Plans shall show details, sections and supplemental information as necessary for design coordination of the various civil design features and elements including utility location to the satisfaction of the City Engineer. Complete Landscape Plans shall be concurrently approved with the Tract Improvement Agreement and Final Map. 84. Street Light and Joint Trench Plans. Streetlight PW First Final Public Plans and Joint Trench Plans shall be submitted Map and On- Works with the first plan check for the street going improvement plans and final map for each respective tract. The final streetlight plan and joint trench plan shall be completed prior to Final Map approval for each respective subdivision. 85. Geotechnical Report. The Developer shall PW Issuance of Public submit a design level geotechnical investigation Grading Works report defining and delineating any seismic Permits or hazard. The report shall be prepared in First Final accordance with guidelines published by the Map State of California. The report is subject to review and approval by a City selected peer review consultant prior to the approval of the Final map. The applicant shall pay all costs related to the required peer review. The recommendations of those geotechnical reports shall be incorporated into the project plans subject to the approval of the City Engineer. 86. Soils Report. The Developer shall submit a PW Issuance of Public detailed soils report prepared by a qualified Grading Works engineer, registered with the State of California. Permits or The required report shall include First Final recommendations regarding pavement sections Map 30 of 45 for all project streets including all perimeter streets and internal public/private streets. Grading operations shall be in accordance with recommendations contained in the required soils report and grading shall be supervised by an engineer registered in the State of California to do such work. 87. Geotechnical Engineer Review and Approval. PW Issuance of Public The Project Geotechnical Engineer shall be Grading Works retained to review all final grading plans and Permits or speci�cations. The Project Geotechnical First Final Engineer shall approve all grading plans prior to Map City approval and issuance of grading permits. 88. Grading. The disposal site and haul truck route PW Issuance of Public for any off-haul dirt materials shall be subject to Grading Works the review and approval by the City Engineer Permits or prior to the approval the improvement plans or First Final issuance of a Grading Permit. If the Developer Map does not own the parcel on which the proposed disposal site is located, the Developer shall provide the City with a Letter of Consent, signed by the current owner, approving the placement of off-haul material on their parcel. A grading plan may be required for the placement of the off'-haul materiaL 89. Dust Control/Street Sweeping. The Developer PW On-going Public shall provide adequate dust control measures at Works all times during the grading and hauling operations. All trucks hauling export and import materials shall be provided with tarp cover at all times. Spillage of haul materials and mud- tracking on the haul routes shall be prevented at all times. Developer shall be responsible for sweeping of streets within, surrounding and adjacent to the project if it is determined that the tracking or accumulation of material on the streets is due to its construction activities. 90. Underground Obstructions. Prior to demolition, PW Issuance of Public excavation and grading on any portion of the Grading Works project site, all underground obstructions (i.e., Permits or debris, septic tanks, fuel tanks, barrels, chemical First Final waste) shall be identified and removed pursuant Map to Federal, State and local regulations and subject to the review and approval by the City. 31 of 45 Excavations shall be properly backfilled using structural fill, subject to the review and approval of the City Engineer. 91. Resource Agency Permits. Prior to the start of PW Issuance of Public any grading of the site as necessary, permits Grading Works shall be obtained from the US Army Corps of Permit Engineers,the San Francisco Bay Regional Water Quality Control Board, the State of California Department of Fish and Game, and the US Fish and Wildlife Service for the grading or alteration of wetland areas within the site, if applicable. The project shall be modified as needed to respond to the conditions of the permits. 92. Tassajara Road Bus Shelter.The Developer shall PW First Final Public construct a bus shelter along the Tassajara Road Map and Works frontage of the adjoining Quarry Lane School Ongoing property to the north of the project site. The bus shelter shall be located north of the Quarry Lane School driveway, adjacent to the existing bus stop pullout, and within the existing landscape area behind the sidewalk. The final ' location of the bus shelter shall be approved by LAVTA and the City Engineer. The bus shelter shall have solar panel scalability for future needs for any DC voltage signage in the bus shelter. The Developer shall pay the cost of procuring and installing the bus shelter. 93. Signal Interconnect. The Developer shall extend PW Approval of Public the existing Signal Interconnect along Tassajara Improvemen Works Road from the existing termination point at t Plan Quarry Lane Traffic Signal cabinet to the southerly limit of this project. The Conduit will be extended and installed as part of the frontage improvements on Tassajara Road. 94. DO NOT BLOCK Pavement Markings. The PW Approval of Public Developer shall install the DO NOT BLOCK Improvemen Works pavement Markings on Tassajara Road at the t Plan project entrance driveway. The final design of the markings shall be approved by the City Traffic Engineer. ' P�IBUC�1110RKS—STANDARD CONDITIt�N�°�?f APPI��VAL ' 95. Developer shall comply with the City of Dublin PW On-going Public Public Works Standard Conditions of Approval Works 32 of 45 contained below ("Standard Condition") unless specifically modified by Project Specific Conditions of Approval above. 96. Developer shall comply with the Subdivision PW On-going Public Map Act, the City of Dublin Subdivision, and Works Grading Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 97. If there are conflicts between the Tentative Map PW On-going Public approval and the SDR approval pertaining to Works mapping or public improvements the Tentative Map shall take precedent. �:�� ,���� � �� �� ��� � �� ��. : 98. Developer shall enter into a Tract Improvement PW First Final Public Agreement with the City for all public Map and Works improvements including any required offsite Successive storm drainage or roadway improvements that Maps are needed to serve the Tract that have not been bonded with another Tract Improvement Agreement. 99. Developer shall provide performance (100%), PW First Final Public and labor & material (100%) securities to Map and Works guarantee the tract improvements, approved by Successive the City Engineer, prior to execution of the Tract Maps Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25%of the value of the performance security.) _` fEES 100 Developer shall dedicate parkland or pay in-lieu PW On-going Public fees in the amounts and at the times set forth in Works City of Dublin Resolution No. 60-99, or in any 33 of 45 resolution revising these amounts and as implemented by the Administrative Guidelines adopted by Resolution 195-99. � ��� �� � � ,.�_�� � ss�*x:-.;�x�'Ef�'n �..�'.�#`a,a..;„.,`. . ... z...... .... . . . .. .. ... . . . , ..« v,. .. .,. ..,... .. ..- . �., .. � 101 Developer shall obtain an Encroachment Permit PW Start of Work Public from the Public Works Department for all Works construction activity within the public right-of- way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 102 Developer shall obtain a Grading/Sitework PW Start of Work Public Permit from the Public Works Department for Works all grading and private site improvements that serves more than one lot or residential condominium unit. 103 Developer shall obtain all permits required by PW Start of Work Public other agencies including, but not limited to Works Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control ' Board, Caltrans and provide copies of the permits to the Public Works Department. , � . � �..� a � � . ��� ����� ���� � ��� � � �. �� �� ��� � �, :. �� �., . .,,. . .,=w ... . . ,.. � � m , .. ,. . . 104 All submittals of plans and Final Maps shall PW Approval of Public comply with the requirements of the "City of Improvemen Works Dublin Public Works Department Improvement t Plans or Plan Submittal Requirements", and the "City of Final Map Dublin Improvement Plan Review Check List". 105 Developer will be responsible for submittals and PW Approval of Public reviews to obtain the approvals of all Improvemen Works participating non-City agencies. The Alameda t Plans or County Fire Department and the Dublin San Final Map Ramon Services District shall approve and sign the Improvement Plans. 106 Developer shall submit a Geotechnical Report, PW Approval of Public which includes street pavement sections and Improvemen Works grading recommendations. t Plans, Grading 34 of 45 Plans, or Final Map 107 Developer shall provide the Public Works PW Acceptance Public Department a digital vectorized file of the of Works "master" files for the project when the Final Improvemen Map has been approved. Digital raster copies ts and are not acceptable. The digital vectorized files Release of shall be in AutoCAD 14 or higher drawing Bonds format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S.foot. � �� , � t { , R�•. ?€y, �.'�Y � � V< � ,��..,����'',: �v�* �rs 'w'�y,e�;�'� '�"'"'e,. . ,...e ;�,.._ _ .° .... ,.� . ., ., .. ... . . . .„,. ...�.. , . ,.,_ _ , , _ , .... . 108 The Final Map shall be substantially in PW Approval of Public accordance with the Tentative Map approved Final Map Works with this application, unless otherwise modified by these conditions. Multiple final maps may be filed in phases, provided that each phase is consistent with the tentative map, that phasing progresses in an orderly and logical manner and , adequate infrastructure is installed with each phase to serve that phase as a stand-alone project that is not dependent upon future phasing for infrastructure. 109 All rights-of-way and easement dedications PW Final Map Public required by the Tentative Map shall be shown Works ' on the Final Map. 110 Any phasing of the final mapping or PW Approval of Public improvements of a Tentative Map is subject to Final Map Works the approval and conditions of the City Engineer. 111 Street names shall be assigned to each PW Approval of Public public/private street pursuant to Municipal Final Map Works Code Chapter 7.08. The approved street names shall be indicated on the Final Map. 112 The Final Map shall include the street PW Monuments Public monuments to be set in all public streets. to be Shown Works on Final Map and Installed 35 of 45 Prior to Acceptance of Improvemen ts � � � � � � � � � � � �, ���.�_� � ,���.: a ������ _ ��� ��r _,. .r � �... � . . x �,_. u .� . _ , .... z _ � 113 Developer shall obtain abandonment from all PW Approval of Public applicable public agencies of existing easements Improvemen Works and right of ways within the development that t Plans or will no longer be used. Appropriate Final Map 114 Developer shall acquire easements, and/or PW Approval of Public obtain rights-of-entry from the adjacent Improvemen Works property owners for any improvements on their t Plans or property. The easements and/or rights-of-entry Appropriate shall be in writing and copies furnished to the Final Map City Engineer. �� A `���� ����'# ; .?*2 Ci k .������.�� � �t+, v .. ' .t _ .� . •.� .. :.. e� :��: >r .. � . �.�. � i .'.". ., � .i^ �'� ::. # " a: eeah '...'x. .�, .� .. >., �_..� .. 115 A detailed Erosion Control Plan shall be included PW Approval of Public with the Grading Plan approval. The plan shall Grading Works include detailed design, location, and Plans or maintenance criteria of all erosion and Issuance of sedimentation control measures. Grading Permits, and On-going 116 A detailed Erosion Control Plan shall be included PW Approval of Public with the Grading Plan approval. The plan shall Grading Works include detailed design, location, and Plans or maintenance criteria of all erosion and Issuance of sedimentation control measures. Grading Permits, and On-going 117 Tiebacks or structural fabric for retaining walls PW Approval of Public shall not cross property lines, or shall be located Grading Works a minimum of 2' below the finished grade of the Plans or upper lot. Issuance of Grading Permits, and On-going . IMPROVEMENTS ; 118 The public improvements shall be constructed PW Approval of Public 36 of 45 generally as shown on the Tentative Map Improvemen Works and/or Site Development Review. However, the t Plans or approval of the Tentative Map and/or Site Start of Development Review is not an approval of the Construction, specific design of the drainage, sanitary sewer, and On-going water, and street improvements. 119 All public improvements shall conform to the PW Approval of Public City of Dublin Standard Plans and design Improvemen Works requirements and as approved by the City t Plans or Engineer. Start of Construction, and On-going 120 Public streets shall be at a minimum 1% slope PW Approval of Public with minimum gutter flow of 0.7% around Improvemen Works bumpouts. Private streets and alleys shall be at t Plans or minimum 0.5%slope. Start of Construction, and On-going 121 Curb Returns on arterial and collector streets PW Approval of Public shall be 40-foot radius, all internal public streets Improvemen Works curb returns shall be minimum 30-foot radius t Plans or ' (36-foot with bump outs) and private Start of streets/alleys shall be a minimum 20-foot Construction, radius, or as approved by the City Engineer. and On-going Curb ramp locations and design shall conform to the most current Title 24 and Americans with Disabilities Act requirements and as approved by the City Traffic Engineer. 122 Any decorative pavers/paving installed within PW Approval of Public City right-of-way shall be done to the Improvemen Works satisfaction of the City Engineer. Where t Plans or decorative paving is installed at signalized Start of intersections, pre-formed traffic signal loops Construction, shall be put under the decorative pavement. and On-going Decorative pavements shall not interfere with the placement of traffic control devices, including pavement markings. All turn lane stripes, stop bars and crosswalks shall be delineated with concrete bands or color pavers to the satisfaction of the City Engineer. Maintenance costs of the decorative paving shall be the responsibility of the Homeowners Association 37 of 45 123 Developer shall install all traffic signs and PW Occupancy of Public pavement marking as required by the City Units or Works Engineer. Acceptance of Improvemen ts 124 Street light standards and luminaries shall be PW Occupancy of Public designed and installed per approval of the City Units or Works Engineer. The maximum voltage drop for Acceptance ' streetlights is 5%. of Improvemen ts 125 Developer shall construct all potable and PW Occupancy of Public recycled water and sanitary sewer facilities Units or Works required to serve the project in accordance with Acceptance DSRSD master plans, standards, specifications of and requirements. Improvemen ts 126 Fire hydrant locations shall be approved by the PW Occupancy of Public Alameda County Fire Department. A raised Units or Works reflector blue traffic marker shall be installed in Acceptance the street opposite each hydrant. of Improvemen ts 127 Developer shall furnish and install street name PW Occupancy of Public signs for the project to the satisfaction of the Units or Works City Engineer. Acceptance of Improvemen ts 128 Developer shall construct gas, electric, cable N PW Occupancy of Public and communication improvements within the Units or Works fronting streets and as necessary to serve the Acceptance project and the future adjacent parcels as of approved by the City Engineer and the various Improvemen Public Utility agencies. ts 129 All electrical, gas, telephone, and Cable N PW Occupancy of Public utilities, shall be underground in accordance Units or Works with the City policies and ordinances. All utilities Acceptance shall be located and provided within public of utility easements and sized to meet utility Improvemen company standards. ts 130 All utility vaults, boxes and structures, unless PW Occupancy of Public 38 of 45 specifically approved otherwise by the City Units or Works Engineer, shall be underground and placed in Acceptance landscape areas and screened from public view. of Prior to Joint Trench Plan approval, landscape Improvemen drawings shall be submitted to the City showing ts the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. 131 Developer shall construct bus stops and shelters PW Prior to Public at the locations designated and approved by the Occupancy of Works LAVTA and the City Engineer. The Developer Units or shall pay the cost of procuring and installing Acceptance ' these improvements. of Improvemen ts ��`Y ' "Xe?�.� ����� _�`�� � ..,��� k �-` . 4- ........ .. ..� ...._. , : .. ...., . ., t. .� . . . . ,.. 132 The Erosion Control Plan shall be implemented PW On-going as Public between October 15th and April 15th unless Needed Works otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 133 If archaeological materials are encountered PW On-going as Public during construction, construction within 100 Needed Works feet of these materials shall be halted until a ' professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 134 Construction activities, including the PW On-going as Public maintenance and warming of equipment, shall Needed Works be limited to Monday through Friday, and non- City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. 135 Developer shall prepare a construction noise PW Start of Public 39 of 45 management plan that identifies measures to Construction Works be taken to minimize construction noise on Implementati surrounding developed properties. The plan on On-going shall include hours of construction operation, as Needed use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. 136 Developer shall prepare a plan for construction PW Start of Public traffic interface with public traffic on any Construction; Works existing public street. Construction traffic and Implementati parking may be subject to specific requirements on On-going by the City Engineer. as Needed 137 Developer shall be responsible for controlling PW On-going Public any rodent, mosquito, or other pest problem Works due to construction activities. 138 Developer shall be responsible for watering or PW Start of Public other dust-palliative measures to control dust as Construction; Works conditions warrant or as directed by the City Implementati Engineer. on On-going as Needed 139 Developer shall provide the Public Works PW Issuance of Public Department with a letter from a registered civil Building Works engineer or surveyor stating that the building Permits or pads have been graded to within 0.1 feet of the Acceptance grades shown on the approved Grading Plans, of and that the top & toe of banks and retaining Improvemen walls are at the locations shown on the ts approved Grading Plans. � `"�" ���5 �' ���'= _ .� . , , 140 Prior to any clearing or grading, Developer shall PW Start of Any Public provide the City evidence that a Notice of Intent Construction Works (NOI) has been sent to the California State Activities Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 141 The Storm Water Pollution Prevention Plan PW SWPPP to be Public (SWPPP) shall identify the Best Management Prepared Works Practices (BMPs) appropriate to the project Prior to construction activities. The SWPPP shall include Approval of 40 of 45 the erosion control measures in accordance Improvemen with the regulations outlined in the most t Plans; current version of the ABAG Erosion and Implementati Sediment Control Handbook or State on Prior to Construction Best Management Practices Start of Handbook. The Developer is responsible for Construction ensuring that all contractors implement all and On-going storm water pollution prevention measures in as Needed the SWPPP. � �� �� �. � � � �4„ ��� ;� � w�U�1.�l�1;}",.►��.M��!�; �'. f.�.:� � _ _ . r, _ ., . 142 Prior to issuance of any building permit, DSR Issuance of DSRSD complete improvement plans shall be submitted any building to DSRSD that conform to the requirements of permit the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 143 All mains shall be sized to provide sufficient DSR DSRSD capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 144 Sewers shall �e designed to operate by gravity DSR DSRSD flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other ' conditions within a separate agreement with the applicant for any project that requires a pumping station. 145 Domestic and fire protection waterline systems DSR DSRSD for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard 41 of 45 Specifications and sound engineering practice. 146 DSRSD policy requires public water and sewer DSR DSRSD lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 147 Prior to approval by the City of a grading permit DSR Approval of a DSRSD or a site development permit, the locations and grading widths of all proposed easement dedications for permit or water and sewer lines shall be submitted to and site approved by DSRSD. development permit 148 All easement dedications for DSRSD facilities DSR Final Map DSRSD shall be by separate instrument irrevocably approval offered to DSRSD or by offer of dedication on the Final Map. 149 Prior to approva) by the City for Recordation, DSR Final Map DSRSD , the Final Map shall be submitted to and approval approved by DSRSD for easement locations, widths, and restrictions. 150 Prior to issuance by the City of any Building DSR Issuance of DSRSD Permit or Construction Permit by the Dublin San any building Ramon Services District, whichever comes first, permit or all utility connection fees including DSRSD and construction Zone 7, plan checking fees, inspection fees, permit connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 151 Prior to issuance by the City of any Building DSR Issuance of DSRSD Permit or Construction Permit by the Dublin San any building Ramon Services District, whichever comes first, permit or all improvement plans for DSRSD facilities shall construction be signed by the District Engineer. Each drawing permit of improvement plans shall contain a signature block for the District Engineer indicating ' approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required 42 of 45 DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts ' and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 152 No sewer line or waterline construction shall DSR DSRSD be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all fees have been paid. 153 The applicant shall hold DSRSD, its Board of DSR On-going DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 154 Improvement plans shall include recycled water DSR DSRSD improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 155 Above ground backflow prevention DSR DSRSD devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. The applicant shall minimize the number of backflow prevention devices/double detector check valves installed on its fire protection system. The applicant shall minimize the visual ' impact of the backflow prevention devices/double detector check valves through strategic placement and landscaping. 156 Development plans will not be approved until DSR Issuance of DSRSD landscape plans are submitted and approved. building permit 157 Grading for construction shall be done with DSR Through DSRSD 43 of 45 recycled water. completion 158 Temporary potable irrigation meters in areas DSR DSRSD with recycled water service shall only be allowed for cross-connection and coverage testing for a maximum of 14 calendar days. 159 Where the narrow width of a proposed alley or DSR DSRSD cul-de-sac would make the standard spacing between water mains and sewer mains unworkable, the developer must request an exemption from DSRSD's standard spacing requirements between mains. Such an exemption may be granted, but only if: 1) The spacing between the sewer and water main is the maximum width possible using the proposed width of the alley. 2) In no case is the spacing between the sewer and water main less than five (5) feet measured edge to edge. 3) The vertical separation between the water line and the sewer line is at least one (1) foot with the sewer line deeper than the water line. 4) The material for the water line is Class 200 pressure rated PVC water pipe (DR 14 per AWWA C900-97 & C905-97) and the material for the sewer main is PVC pipe using bell and spigot joints using rubber gaskets meeting the requirements of ASTM D3034, SDR26, cell classification 12454-B or 12454-C. Developer should be aware that the exemption is not guaranteed to be granted, but may be granted if all special provisions for the narrow alleyway are followed. 160 To more accurately determine how much sewer DSR DSRSD capacity should be allocated to this project, applicant shall submit to the District a one-year interior water consumption history of a similar establishment. 161 The project is located within the District DSR DSRSD ' Recycled Water Use Zone (Ord. 301), which calls for installation of recycled water irrigation systems to allow for the future use of recycled 44 of 45 water for approved landscape irrigation demands. Recycled water will be available as described in the DSRSD Water Master Plan Update, December 2005. Unless speci�cally exempted by the District Engineer, compliance with Ordinance 301, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services requirements for � recycled water irrigation design. PASSED, APPROVED AND ADOPTED this day of , 2017, by the following vote: ' AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 45 of 45 r' � � � � � � � � � ' � . � . . � . . • • ' � � ' ' ' C • � ' � � i '� ~ ` ',,s� � ��. �- ,.,� .. � . - .�. . , ��,e. �rr.r • N ■�: �w.� ��� a�� rs wur�r�.r �� �s�' �-�:i ,, , . � �a rw aa�li � , a[� ��r ■ � � �n rc �+�� ii�rt e� i��aTi��i�� ��s��i �:�r'� � , ' ' i��i�i� � ��� �r�•�,/' ��Si ��°� ��ES��r� ■��II� � a��l����"�ii '�j. � • �i��� ,� u��w�• �ra��� ��ur ��■ a '� w��r�� uu�.� � .. nu�-�t�wr��:�nn�s��� � K � �:� ;� „ � �ur��� ���E►- ����r����w��r���w��ruis� o� -�w��a-�r�i � •� �r ■u���p� ���r a■���■ °.�w� � ■�■ �taE�r�� .� r� �rr�rr■ ��, .. 1#w'� M � �:� �,�- �� � 1�/� ��/� ��M ��i If��'� ��i1�,� i�"�r °�i�1r�i��r• `���/����� '� ff�ttt.� A����H ; , ��r��� �s�r �w���� �n■�F�nr���r = �����vtr��w.i�wrrr�a>�►� � � ���, i.; �. s�r�r� r'' .■fi��t��t/�1� Mi/������n r�r °• �� . rrr�� - t ��� ���� �■ � � a�r����r� �,+���� J � Y � � r�u�� ���s�trry� �rr-� �i --�r� w�.,v1�1rIi trr�rrr,i���i��� ■ �in�yi+��y� �� , . �.,. \ �.i� w�'ifi�����9���1 fi������I�A�:�i e M'�4 ,, � r , �r��$7'w.'��� �� ��lab���!'� ���,� � � � �� � �� ����� �����-.. � 1 � � '���! i� iiiti'� �111 t� ]B�, y�� , ' ,� ,T, _ � V� � � � �� � � �i � — �.;. � -- - ` t, � -, ' � � iuu�� � .,� ��;�� r,'��l ;< p ��� p • ��Illif'�� [•] �� ,� :;��� .,} �,�l�!�r� — � �ItRll llll �� �� '�i , �,,� = �Illli� = _ _IiIN � . . � '+�/'� s� .� � � �. ` . , . , O � � � � ,� � � � � � �, � _ � �__ {' �' �� / �./,� e ,. ,� < ,' �/ � � °, " � �-3P/�■ ��"M� �� .; i; �iil � li�r �� ' � ��It : ' , '%'' 7 M � �a 1 � �11 ��; f �.. ,!/ . . , , - � ' " � r /i �.M��.; ,- ...,.a �.�G �.� .� �� � �1 � � g� � � _�,,. ���� ���� ��l.� ,.- �_ __ �. �� , �� ��t � � _� � ` � ' I�� �11i� �� ' -�i - � i:� ■�� ��i� I �+ � � Il� . ffu �';. ' /I \�I ��. t�. I� ►��I�/ �.. , . � l ��;- a. � /:.� �' �'�. � � / � 1'--'� r° �"'• \� � /�/�� � �� + �'r � ����� �.,��; _ �• ��� J�ylll� � i/ i �� ,� _�:,��;;;�%;��;,,�',,='_• ��_- ' ,� ��' ` •�.���.1�,�f..��1//,r% , — 1 � COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5503 Sierra Madre by Eagle Roofing BODY COLOR 9 EXTERIOR WALL MATERIAL �#. �� Collonade Gray SW 7641 by Sherwin-Williams .��; � �r ,.� TRIM COLOR DOORS 8�WINDOW TRIM, SECONDARY DOORS, COLUMNS, FASCIA 8� EAVES DETAIL Ibis White SW 7000 by Sherwin Williams ACCENT COLOR FRONT DOOR 8�SHUTTERS Hombury Gray SW 7622 by Sherwin Williams SCHEME 1 - AMERICANA 6237 TASSAJARA ROAD, DUBLIN CA JOB NO. 1092.004 DATE 10-02-15 WANMEI PROPERTIES DAHLIN 58650wensDrive Pleasanton,CA 94588 I��)tl 925-251-7200 . .`& � ;�,', ���¢ � � � '� � � �}' COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5503 Sierra Madre by Eagle Roofing BODY COLOR EXTERIOR WALL MATERIAL Less Brown SW 6040 by Sherwin-Williams TRIM COLOR DOORS 8�WINDOW TRIM, SECONDARY DOORS, COLUMNS, FASCIA 8� EAVES DETAIL Cotton White SW 7104 by Sherwin Williams _ _ __ ACCENT COLOR FRONT DOOR 8�SHUTTERS Gris SW 7659 by Sherwin Williams SCHEME 2 - AMERICANA 6237 TASSAJARA ROAD, DUBLIN CA '' �oB Na �osz.00a DATE 10-02-15 WANMEI PROPERTIES DAHLIN p$as�ntonsDri94588 ������LL 925-251-7200 . 1'. �.. ��'� �u?� �u°' �'i � 6� �k:�: COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5503 Sierra Madre by Eagle Roofing __m , r w a: _ BODY COLOR EXTERIOR WALL MATERIAL �� Sleep Blue SW 6225 by Sherwin-Williams ,� TRIM COLOR DOORS 8�WINDOW TRIM, SECONDARY DOORS, COLUMNS, FASCIA 8� EAVES DETAIL Extra White SW 7006 by Sherwin Williams ACCENT COLOR FRONT DOOR&SHUTTERS Peppercorn SW 7674 by Sherwin Williams SCHEME 3 - AMERICANA 6237 TASSAJARA ROAD, DUBLIN CA JOB NO. 1092.004 DATE 10-02-15 WANMEI PROPERTIES DAHLIN p$e saOntonSCA94588 ��C��LL 925-251-7200 w . ��.., :r . . � a� �- ��,�. ���: � � h� � � � � , COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5503 Sierra Madre by Eagle Roofing BODY COLOR "`"'�" , "�" `` �^"''' `,������° -�� EXTERIOR WALL MATERIAL Egret White SW 7570 by Sherwin-Williams �; TRIM COLOR DOORS 8 WINDOW TRIM, SECONDARY DOORS, COLUMNS, FASCIA 8� EAVES DETAIL Cotton White SW 7104 by Sherwin Williams ACCENT COLOR FRONT DOOR, SHUTTERS 8 SEAM METAL ROOFING Westchester Gray SW 2849 by Sherwin Williams SCHEME 1 - FARMHOUSE 6237 TASSAJARA ROAD, DUBLIN CA JOB NO. 1092.004 DATE 10-02-15 WANMEI PROPERTIES DAHLIN p$easaOntonSCA94588 l��)Ll 925-251-7200 � !� � � � �. ahk� g�`i,': .� +it'6z k `'li' .. COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5689 Brown Range by Eagle Roofing 't '��£ � BODY COLOR EXTERIOR WALL MATERIAL Carriage Door SW 7594 by Sherwin-Williams TRIM COLOR � '=' � � ` �°'p°` DOORS 8�WINDOW TRIM, SECONDARY DOORS, COLUMNS, FASCIA 8� ��I EAVES DETAIL White Heron SW 7627 by Shen�vin-Williams ACCENT COLOR FRONT DOOR, SHUTTERS 8 SEAM METAL ROOFING Iron Ore SW 7069 by Sherwin-Williams SCHEME2 - FARMHOUSE 6237 TASSAJARA ROAD, DUBLIN CA JOB NO. 1092.004 DATE 10-02-15 WANMEI PROPERTIES DAHLIN p$asantonSCA94588 �I'C)Ll :; sz5-2s�azoo ' �� �� �... h�, :� � �� #� �� ?� �� COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5689 Brown Range by Eagle Roofing � ;�`���., � '� �`� � ....:�•r� BODY COLOR EXTERIOR WALL MATERIAL Pussywillow SW 7643 by Sherwin-Williams TRIM COLOR DOORS 8�WINDOW TRIM, SECONDARY DOORS, COLUMNS, FASCIA 8� EAVES DETAIL Pavestone SW 7642 by Sherwin-Williams ACCENT COLOR FRONT DOOR, SHUTTERS 8�SEAM METAL ROOFING Urbane Bronze SW 7048 by Sherwin-Williams SCHEME 3 - FARMHOUSE 6237 TASSAJARA ROAD, DUBLIN CA '' �os Na �os2.00a DATE 10-02-15 WANMEI PROPERTIES DAHLIN Pge saOntonsDri94588 1���1 925-251-7200 . �:, �. � �� �'"�; z'� *� �' .�� t�:. COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5689 Brown Range by Eagle Roofing j � ���. 5 „ � . § . BODY COLOR 1 "`��, ��_� ��� _ �; �� EXTERIOR WALL MATERIAL �'I� "i � "�'� ��= Heron Plume SW 6070 by Sherwin-Williams BODY COLOR 2 EXTERIOR WALL MATERIAL Software SW 7074 by Sherwin-Williams TRIM COLOR 1 DOORS 8�WINDOW TRIM, FASCIA 8� EAVES DETAIL Backdrop SW 7025 by Sherwin-Williams TRIM COLOR 2 WINDOW GRID 8 GARAGE DOOR �, ���~ ,�,� z �'� �� �.��� ,a� ��� �-, Popular Gray SW 6071 by Sherwin-Williams ACCENT COLOR 1 FRONT DOOR Shade-Grown SW 6188 by Sherwin-Williams ACCENT COLOR 2 METAL AWNING Greenblack SW 6994 by Sherwin-Williams SCHEME 1 - CALIFORNIA MODERN 6237 TASSAJARA ROAD, DUBLIN CA ` �os Na �os2.00a DATE 10-02-15 WANMEI PROPERTIES DANLIN Pse santonSCA94588 1�(7l1 925-251-7200 � � ��' �� ?��;�,, � � � � � COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5689 Brown Range by Eagle Roofing �;� ��, �� � � � BODY COLOR 1 EXTERIOR WALL MATERIAL Sticks& Stones SW 7503 by Sherwin-Williams BODY COLOR 2 EXTERIOR WALL MATERIAL Cifyscape SW 7067 by Sherwin-Williams TRIM COLOR DOORS 8�WINDOW TRIM, SECONDARY DOORS, FASCIA 8� EAVES DETAIL Rookwood Brown SW 2806 by Sherwin-Williams ACCENT COLOR FRONT DOOR, GARAGE DOOR 8� METAL AWNING Greenblack SW 6994 by Sherwin-Williams SCHEME 2 - CALIFORNIA MODERN 6237 TASSAJARA ROAD, DUBLIN CA JOB NO. 1092.004 DATE 10-02-15 WANMEI PROPERTIES DAHLIN p$easa�ntonsDri94588 ����.)l l i 925-251-7200 ' � i '3�.�^ +�. �-. � ""�,.'��.°, � A�' � '� age .. " . � COLOR AND MATERIAL BOARD ROOF MATERIAL PONDEROSA 5689 Brown Range by Eagle Roofing \ �� _...1.� BODY COLOR 1 EXTERIOR WALL MATERIAL Griffin SW 7026 by Sherwin-Williams BODY COLOR 2 EXTERIOR WALL MATERIAL Pavestone SW 7642 by Sherwin-Williams TRIM COLOR DOORS 8�WINDOW TRIM, SECONDARY DOORS, GARAGE DOOR, FASCIA 8� EAVES DETAIL Oyster White SW 7637 by Sherwin-Williams ACCENT COLOR 1 FRONT DOOR Reddened Earth SW 6053 by Sherwin-Williams ACCENT COLOR 2 METAL AWNING Greenblack SW 6994 by Sherwin-Williams SCHEME 3 - CALIFORNIA MODERN 6237 TASSAJARA ROAD, DUBLIN CA JOB NO. 1092.004 DATE 10-02-15 WANMEI PROPERTIES DANE.iN p$asantonSCA94588 �..�= 925-251-7200 RESOLUTION NO. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A SUPPLEMENTAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS, A VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area; and �WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the "Project"; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) ("Eastern Dublin EIR"); and WHEREAS, since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts from those already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and ATTACHMENT 3 1 of 3 WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects; and WHEREAS, the Initial Study/Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the MND was prepared; and �WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 13, 2017 and incorporated herein by reference, described and analyzed the Project including the MND for the Planning Commission; and WHEREAS, on June 13, 2017 the Planning Commission held a properly noticed ' public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did review and consider the MND (including comments received and responses to comments), all said reports, recommendations and testimony and used its independent judgement prior to making its recommendations on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution approving a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project which draft Resolution is attached as Exhibit A and incorporation herein by 2 of 3 reference. The Planning Commission recommendation is based on the Staff Report analysis and recommendation and on the findings set forth in the attached draft Resolution. PASSED, APPROVED AND ADOPTED this 13th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair � ATTEST: Assistant Community Development Director 3 of 3 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVAL OF A SUPPLEMETNAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS, A VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 : TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area; and WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the "Project"; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) ("Eastern Dublin EIR"); and WHEREAS, since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts from those already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and EXHIBIT A TO ATTACHMENT 3 1 of 4 WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared; and WHEREAS, the Initial Study/Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the MND was prepared; and WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 13, 2017 and incorporated herein by reference, was submitted to the Planning Commission recommending that the City Council adopt the MND; and WHEREAS, on June 13, 2017 the Planning Commission held a properly noticed public hearing on the Project, including the MND, at which time all interested parties had the opportunity to be heard and adopted Resolution 17-XX, incorporated herein by reference, recommending that the City Council adopt the MND; and WHEREAS, on , 2017, the City Council held a properly noticed public , hearing on the Project, including the MND, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report, dated , 2017 and incorporated herein by reference, was submitted to the City Council recommending approval of the MND; and WHEREAS, the City Council did review and consider the MND(including comments received and responses to comments), all said reports, recommendations and testimony and used its independent judgement prior to taking action on the Project; and WHEREAS, the MND and related Project and environmental documents (including the Eastern Dublin EIR), and all of the documents incorporated herein by reference, are available for review in the Community Development Department at 2 of 4 Dublin City Hall during normal business hours. The location and custodian of the MND and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file reference PLPA-2015-00023. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin City Council finds as follows A. The Dublin City Council has reviewed and considered the MND including comments received during the public review period, prior to taking action on the Project. B. The MND adequately describes the environmental impacts of the Project. On the basis of the whole record before it, the City Council finds that there is no substantial evidence that the Project as approved with mitigation will have a significant effect on the environment. C. The MND has been completed in compliance with CEQA, the State CEQA Guidelines and the City of Dublin Environmental Regulations. D. The MND is complete and adequate and reflects the City's independent judgement and analysis as to the environmental effects of the Project. E. Following adoption of this Resolution, City staff is authorized and directed to file with the County of Alameda a Notice of Determination pursuant to CEQA. BE IT FURTHER RESOLVED that, based on the above findings, the Dublin City Council adopts the supplemental Mitigated Negative Declaration (attached as Exhibit A) and Mitigation Monitoring and Reporting Program (attached as Exhibit B) for the Project and the mitigation measures in the MND are imposed as conditions of approval of the Project PASSED, APPROVED AND ADOPTED this XX day of , 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 3 of 4 Mayor ATTEST: City Clerk 4 of 4 4 � Wanmei Development Pro j ect 6237 Tassajara Road, Dublin City File: PLPA Z015-00023 Rev�sed an�' R�circu�a�t�d INI�'IAL STUD�'/ MITIGA?'ED NEGATIVE DECI.ARATION � Lead Agency: City of Dublin ' Prepared By: Jerry Haag,Urban Planner October 2016 � EXHIBIT A � Table of Contents Introduction...................................................................................................................2 CityContact Person.............................................:........................................................3 Project Location and Context......................................................................................3 Applicant........................................................................................................................4 Prior Environmental Review Documents..................................................................5 ProjectDescri.ption........................................................................................................5 Environmental Factors Potentially Affected.............................................................17 Detemunation................................................................................................................17 Evaluation of Environmental Impacts.......................................................................19 - Fax'lier Analysis..............................................................................................:....:.....:...20 Discussionof Checklist................................................................................................32 1. Aesthetics...............................................................................................32 2. Agricultural &Forestry Resources.....................................................35 3. Air Quality.............................................................................................3b 4. Biological Resources.............................................................................37 5. Cultural Resources................................................................................47 6. Geology and Soils .................................................................................47 � 7. Greenhouse Gas Emissions..................................................................51 �� 8. Hazards and Hazardous Materials ....................................................52 9. Hydrology and Water Quality............................................................53 10. Land Use and Planning. ......................................................................56 11. Mineral Resources.................................................................................57 12. Noise.......................................................................................................57 13. Population and Housing. ....................................................................60 14. Public Services.......................................................................................60 15. Recreation...............................................................................................62 16. Transportation/Traffic.........................................................................62 17. Utilities and Service Systems...............................................................65 18. Mandatory Findings of Significance..................................................67 InitialStudy Preparers .................................................................................................68 Agencies and Organizations Consulted....................................................................58 References ......................................................................................................................68 Attachment 1-Biological Resource Assessment/Peer Review Report/Golden E�le AnaIusis.......................................................................................................................69 Attachment 2-Acoustic Report....................................................................................70 • �, City of Dublin Environmental Checklist/ Initial Study Introduction This Revised f�Recirculated Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared in accord with the provisions of the California Environmental Quality Act(CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. FollowinQ circulation of the ori�inal Initial Studu/,Mitigated Negative Declaration (IS/MND) datec�March 2016 b�u the CZtt,L,of Dublm that ended on A�ri12? 2016 the CitU became aware o� new m ormatton reQardtng btologtcal resources that could result in potentiall�gni 'cant im�acts to nrotected svecies that were not identified or analyzed in the ori�inal IS/MND Spec��icallu, tt was brought to the Cttt�'s attention that a Golden Eagle nest was noted a�proximatelu 200 feet southeast of the p�ect site• the.,project site is located at 6237 Tassaiara Road in Eastern Dublin. The nest was not known at the time the ori�inal IS/MND wa�repared and therefore was not identzfied or analuzed m original p�ect IS/MND document This new rn ormatton reauired a "substanttal revrsion"o the IS/MND and recirculation of t,� he revised document for pubhc revtew. Prior to becomin�aware of the new information regarding the golden ea�le nest the City had released a draft IS/MND for a 30-dau publtc review perivd Several comments on the original IS/MND noted that an act�ve Golden Eagle nest had been established southeast o the proie�ct site on an ad�acent tirotiert�. The adJacent propertu zs the Northern Drainage Conservation Area an undeveloped btoloQZCaI resources m:ttgation area Golden eagles and active nests are protected st�ecies that have the t�otentutl to be affected bt� the proposed development Other comments raised Auest�ons or nrovided addttional tn ormation on California Red Legged Fro,g the proposed creek setback excepttons and other matters In the course o�,preparin�q written responses to the publtc comments,staff determmed that discoveru of the Golden EagIe nest reguired a substantial revtston of the orzQtnal ISIMND under CEDA Guzdeltnes section 15073 5 The City decided that the Revtsed IS/MND would also address prtor publtc comments on Catifornia Red Legged_FroQ and the proposed creek setback exceptzons The Cit�has substantiall�revised portions o{the oriQinul IS/MND and is recirculatin�q the revised document for nubltc revtew in accordance with CE�A Guideiines section 15073 5 More specificallU, the updated BtoloQtcal Resources section re ects the presence of the golden eagle nest _o{fsite but near the tiro�ect szte and anal�zes whether implementation o�'the p�'ect could result tn notentcallt�siQrcificant zmnacts on this nest The Ci �has_also taken this opportuni e to add discussion on ti�e Califorraa Red-Leg ed Frog to the Biological Resources section and to modi{� the Geolo�u and Soils and HudroloAU and Water Dualtt�sech_ons to,provide more discussion on the tironosed creek setback exceptions The Revtsed IS/MND also includes information the Cit� prepared in response to comments on the original IS/MND where the comments related to the above issues. ' City of Dublin Page 2 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Recirculation�the Revised IS/MND provides th�ublic an opportunitu to review and comment � on the added discussion on t�.e eaQle nest California Red-Legged Frog and creek setbacks. The �,ubiic review.period for the Revised IS/MND will be 30 da� same as for the ori�nal IS MND. This Revised IS�,MND�dates the Biological Resources Geolog-�and Soils and H dr�olo�u and Water Oualit�u sections based on�rior public comments on the ortstrnai IS/MND. The Cit;�of Dublin rec�,uests that reviewers limit their comments to these revzsed d�scussions. Following th�recirculation�,eriod the Ci wil�repare written responses to the oriQmal comments that were not addressed in the Revised ISIMND and to comments on the Revised IS/MND CEUA does not r�uire written res�onses to comments on an ISIMND,however, the Cit�has chosen to provide responses given the publtc tnterest zn thts pro�ect. In this Revised IS1MND new text added to or chanyed from the original Initial Studu are in italics and underlined to delineate changed and updated tnformation included rn this version �the Initial Stud� City of Dublin Contact Person Marnie Delgado Community Development Department 100 Civic Plaza Dublin CA 94568 (925) 833 6610 Project Location and Context ,,,� The City of Dublin consists of approximately 14.9 square miles of land area lying in eastern Alameda County, also known as the Livermore-Amador Valley,or the Tri- Valley area. Surrounding jurisdictions include San Ramon and unincorporated Contra Costa County to the north,unincorporated Alameda County to the east and west and the cities of Pleasanton and Livermore to the south. The proposed project is located on the east side of Tassajara Road in the Eastern Extended planning area just south of Quarry Lane School. Exhibit 1 shows the location of Dublin in relation to sunounding communities and other major features. Exhibit 2 shows the location of the project site in relation to Tassajara Road, Quany Lane School and other features. The project site contains 2.64 acres of land in a linear shape between Quarry Lane School to the north and a tributary of Tassajara Creek to the south.The street address is 6237 Tassajara Road and the County Assessor's Parcel Number(APN) is 985-OQ72-002-00. The site contains native and introduced tree and other vegetation speaes,as further described in the Biological Resources section of this Initial Study. The site has historically been used as landscape contracting business with outdoor storage and contains one single-family structure and a number of accessory outbuildings. Building materials and similar equipment are currently stored on the site. It has a gradual siope to the south, towards the tributary. A 6-foot chain link fence with a 4- � City of Dublin Page 3 ,,,� Revised & Recirculated Initial StudyMlND October 2016 Wanmei Properties P�oject � gradual slope to the south, towards the tributary. A 6-foot chain link fence with a 4- foot tall sheet metal barrier at the base has been installed along the southern property line to provide a wildlife barrier between the project and the adjacent tributary. Surrounding land uses include Quarry Lane School to the north. This is a private K- 12 school Iocated at a higher topographic elevation from the project site. To the east of the project site are open spaces lands that are part of the Northern Drainage Conservation Area (see Exhibit 3). Immediately south of the project site is an unnamed tributary of Tassajara Creek(further described below). South of the unnamed tributary there is a mix of single-family dwellings and open spaces associated with the residential development. Tassajara Road is located immediately west of the site. The project site is located immediately north of an offsite unnamed tributary of Tassajara Creek, a major regional watercourse located west of the project site.The tributary was previously part of the project parcel but was subsequently parceled off to be restored and incorporated into a 245-acre permanent conservation easement with open space Iands to the east,known as the Northern Drainage Conservation Area NDCA (see Exhibit 3). The restoration of the creek and the open space lands to the east serve as mitigation#or development allowed on portions of the nearby Dublin Ranch development. This mitigation was required by the Regional Water Quality Control Board (RWQCB).Today,the tributary is a separate parcel owned and managed by the Center for Naiural Lands Management and is not part of the project property. The tributary is maintained in a natural open space area and provides suitable habitat for a number of special-status,protected wildlife species. As part of the restoration of the tributary, a 6-foot chain link fence and 4-foot sheet metal barrier was installed along the southern boundary of the project site to prevent migration of the California Red Legged Frog�CRLF) onto the project site. No c�es to the existinQ barrier are provosed However the applicant proposes to construct a secondaru barrter wtthrn the nroiect site that would consist of a 4-oot solid block wall with an addttional2-feet of ornamental steel on top The secondaru barrier would be located combletel�a withtn the nro�ect site along the southern pro,perty line and eastern properhLine The off-srte tnbutary has been dedicated as part of a permanent conservation area and is managed accordingly. No development is proposed within the tributary. The�inal desiQn, use of materials and color of the pro,Qosed barrier would be subject to Design Review b� the Citu of____Dublin Applicant: Wanmei Properties, LLC 520 Mill Creek Road Fremont CA 94539 Athn: Hayes Shair � City of Dublin Page 4 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Prior Environmental Review Documents � The project has been included in a previous EIR, as noted below: Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan EIR(State Clearinghouse #91103064). A Program Envirorunental Impact Report for the Eastern Dublin General Plan Amendment(Eastern Extended Planning Area) and the Eastern publin Specific Plan (EDSP) was certified by the City Council in 1993 by Resolution No.51-93.This document and its related Addenda collectively are referred to as the "Eastern Dublin EIR" or"EDEIR." It evaluated the following impacts related to the urbanization of the Eastern Dublin area: Land Use;Population, Employment and Housing;Traffic and Circulation; Community Services and Facilities;Sewer,Water and Storm Drainage;Soils, Geology and Seismicity;Biological Resources;Visual Resources;Cultural Resources;Noise; Air Quality; and Fiscal Considerations. The City adopted a Statement of Overriding Considerations (Resolution No.53-93) for the following impacts: Cumulative loss of agriculture and open space land, cumulative traffic, extension of certain community facilities(natural gas, electric and telephone service), consumption of non-renewable natural resources, increases in energy uses through increased water treatrnent and disposal and through operation of the water distribution system,inducement of substantiai growth and concentration of population, earthquake ground shaking, loss or degradation of botanically sensitive habitat,regional air quality, noise and alteration of � visual character. The Eastern Dublin EIR was challenged in court and was found to be legally adequate. The Eastern Dublin project approved the current Medium Density Residential land use designation; the Eastern Dublin EIR assumed up to 20 dwelling units for the project site. The proposed project does not amend the current General Plan land use designation or density. Project Description Overview.The proposed project indudes subdivision of the site to create up to 19 individual lots on the site and construction of one single-family dwelling and related improvements on each lot. The existing dwelling on the site and stored materials would be removed to allow construction of proposed improvements. The proposed development plan is shown on Exhibit 4. The applicant proposes to construct a single access road from Tassajara Road that would serve 16 dwellings on the north side of the road and three dwellings on the south side of the on-site road. Lot sizes range from 2,886 square feet to 5,316 square feet. The average lot size in the proposed subdivision would be 3,564 square feet. The specific size and location of individual lots, the size of future dwellings on each lot, the design of the dwellings and the height of individual dwellings have been , City of Dublin Page 5 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � proposed as part of a Site Development Review application for consistency with the Eastern Dublin Specific Plan and other City land use regulations and policies regarding achieving quality design. Access. Circulation&Parkin . Proposed dwellings would be served by a single private two-way road extending east from Tassajara Road. The road would terminate in a cul-de-sac on the eastern side of the site. The cul-de-sac would be designed to meet Alameda County Fire Department fire equipment turn-around dimensional criteria. No traffic signal would be installed at the intersection of the private road and Tassajara Road. Access to the site would be limited to right- in/right-out movements to and from Tassajara Road.A sidewalk currently exists on the east side of Tassajara Road north of the site, adjacent to Quarry Lane School. No sidewalk exists along the project's Tassajara Road frontage. Future improvements included in the project would be a 6-foot wide sidewalk along the project frontage and an 8 foot wide bike lane along the east side of Tassajara Road. A sidewalk would be installed along each side of the private street in front of the lots only. Each house would include a 2-car garage.The project also proposes 45 guest parking spaces.The majority of on-site guest pazking spaces would be accommodated within private driveways associated with individual single-family dwellings. Nine (9) on- site guest parking spaces would be located along the south side of the private road, with four spaces located near the entrance off of Tassajara Road and the remainder located on the eastern porfiion of the site past the proposed cul-de-sac feature. Building,filevations. The applicant proposes to construct dwellings using a number of differing architectural styles. These are depicted on Exhibit 5.Exterior house designs are summarized as follows: • Farmhouse, which would include a low-pitched gable roof and shed accent roofs. Exterior finishes would include board-and-batten siding combined with lap siding. Roofs would consist of composition shingle roofing with standing seam metal accents. Accent feafiures would include wood and smooth foam trim, wood braces and railings,posts and columns, wood braces and corbels and style appropriate metal garage doors. • Contemporary Farmhouse, similar to the farmhouse design but with a steeper pitched gabled roof in combination with a lower pitched roof over portions of the dwelling. Exterior finishes would include light sand or smooth stucco with vertical board and batten siding accents. Roofs would consist of composition shingle roofing. Accent features would include wood and smooth foam trim,posts and columns, wood braces and corbels and style appropriate metal garage doors. • California Modern which would be designed with a low-pitched gable roof and a light sand or smooth stucco finish with lap siding accents.Roofing would .�. City of Dublin Page 6 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project be composition shingle. Accent features would include wood and smooth � foam trim, metal awnings and style appropriate metal garage doors. • American Farmhouse which would feature steeply pitched gable roofs,board and batten vertical siding. Roof would be composition shingle. Accent feafiures would include wood and smooth foam trim,wood braces and railings,posts and columns, wood braces and corbels and style appropriate metal garage doors. Grading Water Quality and Infrastructure.The project site would be graded to accommodate the proposed road, dwellings and other improvements. The preliminary grading plan indicates that approximately 2320 cubic yards of material would need to be removed from the site.Drainage and related water quality improvements, as required by the City of Dublin, would be installed in accordance with City standards. The applicant is proposing the construction of a water quality pond that also provides for stormwater detention and retention on the southwest corner of the site. Utilities, including water, sewer, and natural gas and communication facilities would be extended into the site from Tassajara Road.These utilities would be located underground.The City of Dublin will also require long-term operational water quality features as part of the project in accordance with City standards, including but not limited to covering of solid waste and recycling containers. Landsca�ing and walls. The applicant would landscape the project frontage along Tassajara Road. Exhibit 6 shows the general location and type of proposed landscaping. A solid noise barrier wall would also be constructed behind the landscaped area along Tassajara Road.The height of the noise barrier is proposed at eight feet and the final height will be determined based on the final grading plan and confirmed by a qualified acoustic consultant. As noted above, there is an existing 6-foot chain link fence and 4- foot sheet metal barrier along the southern property line that serves to_prevent migration of Cali ornia Red Legged Fr�s (CRLF)from the adjacent trtbutar�onto the pro�ect site. IVo changes to the exishnQ barrier are pro,posed The applicant proposes to construct a secondaru_ barrier within the pro�ct site that would be a 4-oot solid block wall wtth an additionai 2-feet of ornamental steel on ton The secondarU ba, rrier would be located withan the pro�ect site within the southern.proper Iine and eastern propert l��{ ine• Creek Setbacks Exhibit 7 depicts various setback distances from the to�a of bank of the tributaru iust south of the site The exhibit shows the 100�oot setback or ma�or tnbutartes and the 50- oot setback for minor tri�utaries established�%the Eastern Dubltn Comprehenstve Stream Restoration Program The pro,�ect is also sub,�ect ta the Caty's Watercourse Protection Ordinance (Ordinance 52 87 and DMC ch�ter 7 20)which requires a 20-foot creek setback to safeQUard watercourses• this setback is atso shown on Exhibit 7. Rec�,u,ested land use approvals. The following land use approvals are required and/or requested from the City of Dublin to construct the project. These are described in more detail below. Planned Developrnent Rezoning and related Stage 1 � Stage 2 Development Plan.A PD Rezoning and Stage 1 and 2 Development Plan has been requested. ,�, Ciry of Dublin Page 7 „�,,; Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Vestin Tentative Ma . S p Approval of a subdivision map is requimd to create lots for individual dwellings, roads and utilities. Site Development Review (SDR). A Site Development Review (SDR) Permit is required to approve exterior designs of proposed dwellings,landscaping and related improvements. Watercourse Setback Exception. Approval by the Public Works Director to encroach into the required 20-foot setback for flooding, erosion and sedimentation protection pursuant to DMC Chapter 7.20. Creek Setback Encroachment Approval by the California Deperrtment of Fish �Wildlife to encroach into the required 100 foot setback for flooding and biological resource protection pursuant to the Eastern Dublin Comprehensive Stream Restoration Program. • � City of Dublin Page 8 Revised& Recirculated Initiai Study/MND October 2016 Wanmei Properties Project 5 A N P A i L O . , Martinez 4 /AY riOnco• [d San � 6°D Rafael RiChmond a�o Mill 101 �� `� G�ee�k Berkeley � wo e oak�and q� ,eo San Franeisco S A N Sen Leandro • DUBLIN � FRANCISCO 1°0 � Day Livermore A �' q� B A Y Qleasanto� n Ha,yward h, � � N, ��� Frert�ont n � Newark O Redwoor nY r, Han Moon a Bg�/ f�p iQ !p �0 b d MO � � ml � � � � .SUflt1yV8�6 � . seme Clara � � � o �� im � t � Exhibit 1 REGIONAL LOCATION CITY OF DUBLIN WANMEI DEVELOPMENT PROJECT o z � s e �o� INIIIAL STUDY � � �•••; ��. i''�� � .�'��' � �'� � �oS�A�%►��.�' I GoN;�i'��pUNTM � •�•'pl�`MEOA � � . � L.�.�., SITE � � ' I I . �._._._.� . I . I I . I I . 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Project descri tion: Red p evelopment of the exishng rural residential home site and storage yard to allow construction of up to 19 individuai lots on the site and construction of one single-faxnily dwelIing on each lot.Other improvements would include grading of the site, construction of an on-site private street, open parking spaces, utility extensions, water quality improvements, a noise barrier along Tassajara Road construction o a secondart�CRLF barrier on the proiect stte and road improvements along the Tassajara Road frontage. 2. Lead agency: City of Dublin 3. Contact person: Marnie Delgado,Senior Planner 4. Project location: East side of Tassajara Road at 6237 Tassajara Road (Assessors ParceI Number 985-0072-002-00) 5. Project sponsor: Wanmei Properties, LLC 6. General Plan designation: Medium Density Residential 7. Zoning: PD-Planned Development 8.Public agency required approvals: • Approval of PD-Planned Development Stage 1 &2 zoning and Development Plan(City of Dublin); • Approval of Tentative &Final Vesting Tentative Map (City of Dublin); • Approval of a Site Development Review (SDR)Permit; • Atiproval ofwatercourse setback exception (Citu of Dublin Public Works Deparfinent) • Notice of Intent(State Water Resources Control Board); • Issuance of demolition,building and grading permits (City of Dublin);and • Approval of water and sewer connections (DSRSD) • Encroachment into creek setback(City of Dublin&Cali .�D_epartment of Fish F�Wildlife) � City of Dublin Pa e 16 Revised& Recirculated Initial Study/MND g October 2016 Wanmei Properties Project • Environmental Factors Potentially Affected T'he environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. X Aesthetics - Agricultural - Air Quality Resources X Biological - Culhzral Resources - Geology/Soils Resources X Hazardsand - Hydrology/Water - LandUse Hazardous Quality Planning Materials - Mineral Resources X Noise - Population � Housin - Public Services - Recreation - Transportation Circulation - Utilities/Service - Mandatory Systems Findings of Si 'ficance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that although the proposed project may have a significant effect on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on earlier analysis as described on the attached sheets,if Ciry of Dublin Page 17 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project �, the effect is a "potentially significant impact"or "potentially significant unless mitigated." An Environmental Impact Report is required,but must only analyze the effects that remain to be addressed. _X_I find that although the proposed project may have a significant effect on the environment, there will not be a significant effect in this case because at least one or more potentially significant effects 1)have been adequately analyzed in an earlier EIR pursuant to applicable legal standards, and 2) have been avoided or mitigated pursuant to that earlier EIR,induding mitigation measures as described in the attached sheets. A supplemental Mitigated Negative Declaration is required,but must only analyze the effects that remain to be addressed as identified in this Initial Shudy. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a)have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR,including revisions or mitigation measures that are imposed on the proposed project. Signature: � Date: 1 a l � 1 6 Printed Nam . ,.] 2J,n, �,'{'�� For: oF ,•� � � � City of Dublin Page 18 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Evaluation of Environmental Impacts � 1) A brief explanation is required for all answers except"no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A"no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to rojects like the one involved (e.g. the project falls outside a fault rupture zone�. A"no impact" answer should be explained where it is based on project-specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) In some instances, an"LS,Less-than-Significant Impact" response may reflect that a specific environmental topic has been analyzed in a previous CEQA document and appropriate mitigation measures have been included in a previous CEQA document to reduce this impact to a less-than-significant level. 1n a few instances, some previously analyzed topics were determined to be significant and unavoidable and mitigation of such impact to a less-than- significant level is not feasible. In approving the Eastern Dublin project,the City of Dublin adopted a Statement of Overriding Considerations for the significant unavoidable impacts identified in the Eastern Dublin EIR. A Statement of Overriding Considerations would also be required for the project if it could result in the identified significant unavoidable impacts. 3 All answers must take account of the whole action, including off-site as well as � > on-site, cumulative as well as project-level,indirect as well as direct, and construction as well as operational impacts. 4) "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect is significant. If there are one or more "potentially significant impact" entries when the determination is made, an EIR is required. 5) "Negative Declaration: Less-Than-Significant With Mitigation Incorporated" implies elsewhere the incorporation of miiigation measures has reduced an effect from "potentially significant effect" to a"less than significant impact."The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. City of Dublin Page 19 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project �, Environmental Impacts (Note:Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Earlier Analyses Earlier analyses may be used where,pursuant to tiering, a program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Reference: CEQA Guideline Section 15063. Portions of the environmental analysis for this Initial Study refer to information contained in the following EIR listed below. • Eastern Dublin General Plan Amendment and Specific Plan EIR (SCH # 91103064, certified by City Council Resolution No.51-93 on May 10, 1993. This document is also known as the Eastern Dublin EIR in this Initial Study. Multiple subsequent documents to this EIR have been certified by the City. The related impacts and mitigations for each resource area are briefly summarized in the initial study discussion sections below. The certified EIR should be consulted for full discussion of the referenced impacts and mitigation measures. These documents are incorporated herein by reference and are available for public review at the Dublin Comrnunity Development Department, 100 Civic Plaza, during normal � business hours. � City of Dublin Page 20 Revised &Recirculated Initiai Study/MND �ctober 2016 Wanmei Properties Project Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of � sources at end of checklist used to determine each potential impact). Note: A full discussion of each item is found Potentially Less Than Less than No Impacd following the checklist. Significant Significant Significant No New Impact With Impact Impact Mitigation 1.Aesthetics. Would the project: a) Have a substantial adverse impact on a scenic X vista? (Source: 1,6) b)Substantially damage scenic resources,including but not limited to trees,rock outcroppings and X historic buildings within a state scenic highway? (Source: 1,3,6) c)Substantially degrade the existing visual chazacter or quality of the site and its surroundings? X (Source: 1,6) d)Create a new source of substantial light or glare, . which would adversely affect day o nighttime views in the area?(Source: 6) X 2.Agricultural Resources. Would the project: a)Convert Prime Farmland,Unique Farmland or � Farmland of Statewide Importance,as show on the maps prepared pursuant to the Farmland X Mapping and Monitoring Program of the California Resources Agency,to a non- agricultural use?(Source: 1,6) b)Conflict with existing zoning for agriculture use X or a Williamson Act contract?(1,6) c)Conflict with existing zoning for,or cause rezoning of foresdand(as defined by PRC Sec. 12220(g),timberland(as defined in PRC Sec. X 4526),or timberland zoned Timberland Production(as defined in PRC Sec.51104(g}? (Source: 1,2) d)Result in the loss of forest land or conversion of X forest 1 and to non-forest use?(1,2) e)Involve other changes in the existing environment that,due to their location or nature,could result in conversion of farmland to a non-agricultural X use or conversion of foresdand to a non-forest use?(Source: 1,2) City of Dublin Page 21 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project , � Potentially Less Than Less than No ImpacU Significant Signi�cant Significant No New Impact With Impac[ Impac[ Mitigation 3.Air Quality(Where available,the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan? (Source: l,2) X b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation?(Source: 1,2,8) }{ c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an X applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors?(1,2,9) d)Expose sensitive receptors to substantiai }� � pol(utant concentrations? (7,9) e) Create objectionable odors affecting a X substantial number of people?(9) 4.Biological Resources. Would the project a)Have a substantial adverse effect,either directly through habitat modifications,on any species identified as a candidate,sensitive or special X status species in local or regional plans,policies or regulations,or by the Califomia Department of Fish and Game or the U.S. Fish and Wildlife Service?(1,2. 3,8) b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identi�ed in local or regional plans,policies or X regulations or by the California Department of Fish and Game or the U.S.Fish and Wildlife Service?(1,2,3) c)Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act(including but not limited to X marsh,vernal pool,coastal,etc.)through direct removal,filling,hydrotogical interruption or other means?(1,2,3) � Ciry of Dublin Page 22 Revised & Recirculated Initial Study/MND October 2016 Wanmei Properties Project Potentially Less Than Less than No ImpacU Significant Significant Significant No New Impact With Impact Impact Mitigation d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native X resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? (1,2,3) e) Conflict with any local policies or ordinances X protecting biological resources,such as a tree preservation policy or ordinance? fl Conflict with the provision of an adopted Habitat Conservation Plan,Natural Community Conservation Plan or other X approved local,regional or state habitat conservation plan?(Source: 1,2,9) 5.Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as X defined in Sec. 150645?(Source: 1,2) b)Cause a substantial adverse change in the � significance of an archeological resource X pursuant to Sec. 15064.5?(Source: l,2) c) Directly or indirectly destroy a unique paleontological resource or unique geologic X feature? (Source: l,2) d) Disturb any human remains,including those interred outside of a formal cemetery? (1,2) X 6.Geology and Soils. Would the project a) Expose people or structures to potentiaf substantial adverse effects,including the risk of loss,injury,or death involving: i) Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State X Geologist or based on other known evidence of a known fault? (Source: 1) ii) Strong seismic ground shaking?(1) X iii) Seismic-related ground failure,including X liquefaction? (Source: 1) iv) Landslides? (Source: 1) X b) Result in substantial soil erosion or the loss of X topsoil?(Source: 1)) City of Dublin Page 23 � Revised& Recirculated Initial StudyMlND October 2016 Wanmei Properties Project � Potentially Less Than Less than [Vo Impact/ SigniFcant Significant Significant No New Impact With Impact Impact Mitigadon c) Be located on a geologic unit or soil that is unstable,or that woutd become unstable as a result of the project and potentially result in X on-and off-site landslide,lateral spreading, subsidence,liquefaction or collapse?(1) d) Be located on expansive soil,as defined in Tabte 18-1-B of the Uniform Building Code X (1994),creating substantial risks to life or property?(Source: 1) e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers X are not available for wastewater disposal? (�) 7.Greenhouse Gas Emissions. Would the project: a) Generate greenhouse gas emissions,either directly or indirectly,that may have a X �_ signi�cant impact on the environment? (9) b) Conflict with an applicable plan,policy or regulation adopted for the purpose of X reducing the emissions of greenhouse gases? 8.Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, �{ use or disposal of hazardous materials? (2, 5) b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the X release of hazardous into the environment? (6) c) Emit hazardous emissions or handle hazardous materials,substances,or waste within one-quarter mile of an existing or }� proposed school?(Source: 1,2,6) h°�,� _ City of Dublin Page 24 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Potentially L.ess Than Less than No ImpacU � Signi�cant Significant Significant No New Impact With Impact Impact Mitigation d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec.65962.5 X and,as a result,would it create a significant hazard to the public or the environment? (8) e) For a project located within an airport land use pian or,where such plan has not been adopted,within 2 miles of a public airport or X public use airport,would the project result in a safety hazard for people residing or working in the project area? (Source: 8) fl For a project within the vicinity of private airstrip,would the project result in a safety � hazard for people residing or working in the X project area? (Source: 9) g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation X plan?(Source: 1,2.6,9) � h) Expose people or structures to a significant risk of loss,injury or death involving wildland fires,including where wildlands X are adjacent to urbanized areas or where residences are intermixed with wildlands? (9) 9.Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste X discharge requirements? (Source: l,2,4) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the X local groundwater table level (e.g.the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source: 1,2,7) City of Dublin Page 25 Revised & Recirculated Initial Study/MND October 2016 Wanmei Properties Project � Potentially Less Than L,ess than No ImpacU Signi�cant Signi�cant Signi�cant No Ne�v Impact With Impact Impact Mitigation c) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or X river,in a manner which would result in substantial erosion or siltation on- or off- site?(Source: l,2,6) d) Substantially alter the existing drainage pattern of the site or areas,including through the alteration of a course or stream or river, X or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?(Source: 1, 2,6) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or X provide substantial additional sources of polluted runoff? (Source: 1,2,6) fl Otherwise substantially degrade water X quality?(Source: I,2,6) g) Place housing within a 100-year flood hazard area as mapped on a Flood Hazard Boundary X or Flood Insurance Rate Map or other flood delineation map? (Source: 1,7) h) Place within a 100-year flood hazard area structures which impede or redirect flood X flows? (Source: 1,7) i) Expose people or structures to a significant � risk of loss,injury,and death involving X flooding,including flooding as a result of the failure of a levee or dam?(Source: l,7) j) Inundation by seiche,tsunami or mudflow? X 10.Land Use and Planning. Would the project: a) Physically divide an established community? (Source: 1,2,6) X � City of Dublin Page 26 Revised& Recircutated Initial Study/MND October 2016 Wanmei Properties Project Potentially Less Than Less than No Impacd Significant Significan[ Significant No New Impact With Impact Impact Mitigation b)Conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction over the project(including but X not limited to the general plan,specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1,2,7) c)Conflict with any applicable habitat conservation plan or natural community X conservation plan?(Source: 1,2,9) 11.Mineral Resoarces. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to X the region and the residents of the state? (2) b)Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan,specific X plan or other land use plan?(Source: 2) 12.Noise. Would the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance,or X applicable standards of other agencies?(4) b) Exposure of persons or to generation of excessive groundborne vibration or X groundborne noise levels? (Source: 4) c)A substantial permanent increase in ambient noise levels in the project vicinity above X existing levels without the project?(4) d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity X above levels without the project? (4) e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport X or public use airport,would the project expose people residing or working n the project area to excessive noise levels? (9) , City of Dublin Page 27 � Revised & Recirculated Initial Study/MND October 2016 Wanmei Properties Project � Potentially Less Than Less than No Impacd Significant Significant Significant No New Impact With Impact Impact Mitigation fl For a project within the vicinity of a private airstrip,would the project expose people X residing or working in the project area to excessive noise levels? {9) 13.Population and Housing. Would the project a) Tnduce substantial population growth in an area,either directly or indirectly (for X example,through extension of roads or other infrastructure)? (1,2) b) Displace substantia( numbers of existing housing,necessitating the construction of X replacement housing elsewhere?(l,2) c)Displace substantial numbers of people, necessitating the replacement of housing X elsewhere? (Source: 1,2) 14.Public Services. Would the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered ��' governmental facilities,the construction of ' which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services?(Source: 1,2,7) Fire protection? �{ Police protection? X Schools? ?{ Parks? X Other public facitities x 15.Recreation: a) Would the project increase the use of existing neighborhood or regiona( parks or other recreational facilities such that substantial }{ physical deterioration of the facility would occur or be accelerated?(Source: 1,2,5) b)Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? (Source: l,2,5) �y�� City of Dublin Page 28 Revised& Recirculated initial Study/MND October 2016 Wanmei Properties Project � Potentially I.�ss Than Less than No ImpacU � Significant Significant Significant No New Impact With Impact Impact Mitigation 16.Transportation and Traffic. Would the project: a) Conflict with an applicable plan,ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all X modes of transportation,including mass transit and all non-motorized travel and relevant components of the circulation system,including but not limited to intersections,streets,highways and freeways,pedestrian and bicycle paths and mass transit? (Source: 1,2,7) b) Conflict with an applicable congestion management program, including but not limited to,level of service and travel X demand measures,or other standards established by the county congestion management agency for designated roads or • highways?_(Source: 1,2,7) c) Result in a change in air traffic patterns, including either an increase in traffic levels X or a change in location that results in substantial safety risks?(Source: 1,2) d) Substantially increase hazards due to a design feature (e.g.sharp curves or dangerous X intersections) or incompatible uses,such as farm equipment?(Source: 7) e) Result in inadequate emergency access?(4) X � Conflict with adopted policies,plans or programs regarding public transit,bicycle or pedestrian facilities or otherwise decrease the X performance of safety of such facilities? (7) 17.Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality X Control Board?(Source: 2,7) Ciry of Dublin Page 29 `� Revised & Recirculated Initial Study/MND October 2016 Wanmei Properties Project �,, Potentially Less Than Less than No Impact/ Significant Significant Significant No New Impact With Impact Impact Mitigation b)Require or result in the construction of new water or wastewater treatment facilities or X expansion of existing facilities,the construction of which cou(d cause significant environmental effects?(7) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the construction of }{ which could cause significant environmental effects? (7) d) Have sufficient water supplies availabte to serve the project from existing water entitlements and resources,or are new or X expanded entitlements needed?(7) e) Result in a determination by the wastewater treatment provider which serves or may ' serve the project that it has adequate X 'I capacity to serve the project's projected ! demand in addition to the providers existing ''� � commitments?(Source:7) ' �` � Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g)Comply with federal,state and local statutes X ' and regulations related to solid waste7 (7) � 18.Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to X eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? � '� City of Dublin Page 30 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Potentially Less Than Less than No ImpacU � Significant Significant Significant No New ' Impact With Impact Impact Mitigation � b) Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable" X means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects which wilf cause substantial adverse effects X on human beings,either directly or indirectly? Sources used to determine�otential environmental impacts 1)Eastern Dublin General Plan Amendment and Specific Plan EIR 2)Dublin General Plan, City of Dublin(Amended as of October 6, 2015) 3)Biological Resource Report(LSA) dated january 15, 2Q14&WRA Peer review letter dated October 6, 2014 4)Project Acoustic Report(RGD) dated March 10, 2016 ,,,� 5) Pazks and Recreation Master Plan, City of Dublin, 2012 update 6)Site Visit 7)Discussion with City staff or service provider �Assessment o Golden Eagle Nest, 6237 Tassa,�ara Road by WRA,dated Tulu 28,2016 9�Other Source City oi Dublin Page 31 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � Attachment to Initi.al Study Discussion of Checklist Legend PS: Potentially Significant LS/M: Less Than Significant After Mitigation LS: Less Than Significant Ixnpact N/N1VI: No Impact/No New Impact 1. Aesthetics Project Im�acts a-c) Have a substantial adverse impact on a scenic vista, damage scenic resources (including a scenic highway)or substantially degrade the visual character of a site? NNI. The project site is presently used as a storage yard for construction materials and related material.One single-family structure is located near Tassajara Road.No parks,playgrounds,scenic vistas or other public gathering places are located on the site.A number of non-native trees (five walnut trees and one almond�ee) have been planted on the site that would be removed to accommodate the proposed project. The applicant proposes to plant six 48-inch Coast Live Oak trees as replacement trees on the site in accordance with the preliminary landscape plan. Applicable impacts and mitigation measures included in Eastern Dublin EIR and other regulations affecting scenic qualities applicable to the site included in the Eastern Dublin Scenic Corridor Policies and Standards document include: Eastern Dublin EIR Impact 3.8/A,Standardized "Tract"Development identifies the potential impact for development to inadequately respond#o natural site conditions. Adherence to Mitigation Measure 3.8/1.0,which requires consistency with EDSP Goa16.3.4 to establish a visually distinctive community that preserves the character of the landscape,reduced this impact to a level of insignificance. Impact 3.8/B, Alteration of Rural and Open Space Visual Character was identified as a significant and unavoidable impact even with adherence to Mitigation Measure 3.8/2.0, which would implement the EDSP land plan with retention of predominant natural features and encouraging a sense of openness in Eastern Dublin. This impact was included in the Statement of Overriding Considerations when adopting the underlying project(City Council Resolution No. 53-93). � City of Dublin Page 32 Revised& Recirculated Initiai Study/MND October 2016 Wanmei Properties Project � Impact 3.8/C, Obscuring Distinctive Natural Features identifies the � potential of EDSP buildings and related improvements to obscure or alter existing features and reduce the visual uniqueness of the Eastern Extended Planning Area.Implementation of Mitigation Measure 3.8/3.0, which would implement EDSP Policy 6-28 to preserve streams and other natural features,reduced this impact to a level of insignificance. Impact 3.8/D, Alteration of Visual Quality of Hillsides notes that grading and excavation of building sites in hillside areas would compromise the visual quality of the EDSP area. Mitigation Measures 3.8/4.0 through 3.8/4.5 are included in the Eastern Dublin EIR to reduce Impact 3.8/D to a level of insignificance.These Mitigation Measures require implementation of EDSP Policies 6-32 through 6-38 requiring grading techniques to minimize disturbance of hillsides. Impact 3.8/E, Alteration of Visual Quality of Ridges states that structures built in proximity to ridges may obscure or fragment the profile of visually sensitive ridgelines. Implementation of Mitigation Measures 3.8/5.0 through 3.8/5.2 would reduce this impact to a less-than-sigruficant level. These measures require the implementation of EDSP Policies 6-29 and 6-30 and Parks and Open Space Element Guiding Policy 3.4.1.A.3 restrict structures on the hillsides that appear above major ridgelines and Implementing Policy 3.4.1.B.4,use subdivision design and site design review process to preserve or enhance the ridgelines that form the skyline as viewed from freeways (I-580 or I-680) or major arterial streets. ,,� Impact 3.8/F, Alteration of Visual Character of Flatlands states that buildout of the Eastern Dublin Specific Plan will alter the visual character of the Eastern Dublin area by reducing valley grasses and agricultural fields. No mitigation was identified for this impact and it was deemed to be significant and unavoidable. This impact was induded in the Statement of Overriding Considerations for the project(City Council Resolution No. 53-93). Impact 3.8 J G, Alteration of Visual Character of Watercourses found a potentially significant impact with regard to planned development adjacent to watercourses that would reduce the visibility and function of watercourses as a distinct landscape. Mitigation Measure 3 .8/6.0 reduced this impact to a less-than-significant level by requiring development adjacent to creeks to maintain visual access to such streams. The proposed project would not significantly change existing visual access for future residents and their guests to the adjacent unnamed tributar�of Tassajara Creek. The existing 6;oot chain link,fence and 4-foot sheet metal barrier would remain. A secondar�RLF barrier consisting o�'a 4-foot solid block wall with 2�et�of_ ornamental steel on top would be built inside the existing barrier and would extend up the easterl�propertu boundary_ City of Dublin Page 33 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Impact 3.8/I, Scenic Vistas,includes alteration of the character of existing scenic vistas and important sightlines.With implementation of Mitigation Measures 3.8/7.0 and 3.8/7.1, this impact would be reduced to a level of insignificance. Mitigation Measure 3.8/7.0 requires adherence to EDSP Policy 6-5 to preserve views of open space areas and Measure 3.8/7.1 requires the City to conduct a visual survey of the EDSP area and to identify and map viewsheds of scenic vistas. The City adopted the Eastern Dublin Scenic Corridor Policies and Standards document by Resolution 34-96 on March 26, 1996 to implement this measure. Impact 3.8/J, Scenic Routes,identifies that urban development within the EDSP area will significantly alter the visual experience of travelers on scenic routes in Eastern Dublin. Implementation of Mitigation Measures 3.8/8.0 and 8.1 will reduce this impact to a level of insignificance.These two measures require implementation of EDSP Action Programs 6Q and 6R that requires the City to adopt scenic corridor policies. The City adopted the Eastern Dublin Scenic Corridor Policies and Standards by Resolution No. 34-96 on March 26, 1996.The City adopted the Eastern Dublin Scenic Corridor Policies and Standards document in 1996 to implement this measure. Eastern Dublin Scenic Corridor Policies and Standards Overall implementing policies fvr scenic corridors (which include the � project site) include: 1. Maintain a sense of place for Eastern Dublin with relation to natural landforms and topography. 2. Allow the traveler along a Scenic Corridor to experience the varied features of the landscape 3. Assure that development along the Scenic Corridors is well planned and sensitively sited to respect the natural topography. 4. Achieve high-quality design and visual character for all development visible from designated Scenic Corridors, generally within 700 feet of a Scenic Corridor. 5. Assure that landscaping adjacent to the Scenic Corridors harmonizes with the scenic environment. The frontage improvements along Tassajara Road would include the widening of Tassajara Road to connect with existing improvements to the north and south of the project site;landscaping, an 8-foot wide bike lane and the construction of a noise attenuating wall. The wall is proposed to be a maximum of 8-feet in height and will be designed at the minimum height necessary to provide sufficient sound attenuation. Near the project entry, the Ciry of Dublin Page 34 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project height of the wall would be reduced to frame the enfirance and minimize the � overall appearance of the wall. The design of the project frontage is consistent with the Eastern Dublin Specific Plan design guidelines for the Foothill Residential Planning Subarea and Standard 6.2 of the Scenic Corridor Policies and Standards document. With adherence to the above Eastern Dublin EIR Mitigation Measures and Eastern Dublin Scenic Corridor Poiicies and Standards, there would be no new or more severe significant impacts related to scenic vistas, damage to scenic resources,including scenic highways, or substantial degradation of the visual character than identified in the Eastern Dublin EIR. No additional analysis is required. For significant and unavoidable impacts, such as Alteration of Rural/Open Space Character and Visual Character of Flatiands, a Statement of Overriding Considerations was adopted when approving the Eastern Dublin Specific Plan (City Council Resolution No.53-93). d) Create light or glare? LS/M. Minimal lighting sources are present on the site, primarily lighting associated with the existing house. Construction of the proposed project would add additional light sources in the form of streetlights along the proposed roadway as well as building and security lighting. Residential light and glare was not analyzed in the Eastern Dublin EIR and installation of future lighting could resul#in a significant impact on the adjacent tributary to the south,passers-by on Tassajara Road and other nearby private properties. Adherence to the following would reduce this impact to a less-than-significant level. Mitigation Measure AES-1. As part of final building and improvement plans, exterior light fixfiures, including street lights,building security lights and exterior house lights shall be equipped with appropriate lenses or shielding to ensure that light is directed downward and does not spill over off of the project site. Minimum light levels on the site as required by Section 7.32.300 of the Dublin Municipal Code shall be maintained. If required by the Community Development Departrnent, the applicant shall furni.sh detailed illumination plans demonsfirating that no spill over of light shall occur. 2. Agricultural & Forestry Resources Project Im�acts a=c) Convert Prime Farmland, conflict with agricultural zoning or a Williamson Act Conservation Agreement or convert prime farmland to a non-agricultural use?NNI. Impacts with respect to conversion of prime farmland to urban uses, discontinuation of agricultural land uses and indirect impacts of non-renewal of Williamson Act land conservation coniracts were analyzed in the Eastern Dublin EIR for the entire Eastern Extended Planning Area. These unpacts were deemed insignificant except for the cumulative loss of agricultural lands, which was significant and unavoidable {Tmpact 3.1/F). � City of Dublin Page 35 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project The project site is currently developed with a single-family dwelling and a storage yard. No existing farming or agricultural operations exist on the site and the site is not zoned for agriculture. The Eastern Dublin EIR denotes that the project site is considered "farmland of local importance" (Figure 3.1-B). Figure 3.1-C contained in the Eastern Dublin EIR notes that no Williamson Act contract existed on the site as of the preparation of the EIlZ. Approval and construction of the project would result in no new or more severe significant impacts related to agricultural lands than identified in the prior EIR and no additional analysis is required. d) Result in the loss of forest land or conversion of forest land to a non forest use?l�TI. No forest land exists within the Eastern Dublin Specific Plan area;therefore,no impact would result with respect to this topic. No additional analysis is required. e) Involve other changes which, due to their location or nature, could result of forest iand to a non forest use? NI. See item "d," above. 3. Air Quality Project Impacts a) Would the project conflict or obstruct implementation of an air quality plan?NNI. Future residential development of the project site is anticipated in the Dublin General Plan and the Eastern Dublin Specific Plan, and the related EDEIR. The ``"�`'" Eastern Dublin Specific Plan has assumed development of up to 20 dwellings on this site (EDSP Appendix 4). This type and amount of development is included in current land use projections prepared by the Association of Bay Area Governments (ABAG), which are used for air quality emissions included in the Bay Area Air Quality Management DislricYs Clean Air Plan. Approval and construction of the project would be consistent with the regional air quality plan and would result in no new or substantially more severe significant impacts related to conflicts with the regional air quality plan than previously analyzed in the Eastern Dublin EIR. No additional analysis is required. b,c) Would the project violate any air quality standards or resuit in cumulatively considerable air pollutants?NI�TI. The Eastern Dublin EIR analyzed impacts . related to both project-level air quality impacts as well as cumulative impacts to regional air quality. Identified impacts in this EIR included Impact 3.11/A (dust deposition from construction activity), Impact 3.11/B (construction equipment and vehicle emissions), Impact 3.11 jC (mobile sources of Reactive Organic Gasses and Nitrogen Oxide)and Impact 3.11/E (stationary source emissions). All of these air quality impacts were found to be significant and unavoidable and in approving the Eastern Dublin General Plan Amendment and Specific Plan, a Statement of Overriding Considerations was adopted for the project and cumulative air qualifiy emissions (City Council Resolution No. 53-93). The proposed project is consistent with the use and density assumptions in the EDEIR and no new or substantially more severe significant impacts �,;,,,- City of Dubiin , Page 36 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project would result than identified in the Eastern Dublin EIR. No additional analysis � is required. Also, the proposed project includes construction of up to 18 net single-family dwellings (including a deduction for the existing on-site dwelling), which number falls below the Criteria Air Pollutants Screening Criteria as established in Table 3-1 of the May 2011 Bay Area Air Quality Management District (BAAQMD) Air Quality Guidelines. Under the screening criteria,projects containing 325 dwellings or fewer would fall below Nitrous Oxide pollutant generation and developments containing up to 114 single-family dwellings would fall below construction criteria pollutant screening size.Therefore,no impacts would result in terms of exceeding air quality standard or result in cumulatively considerable air pollutants. d) Expose sensitive receptors to significant pollutant concentrations? NNI. No sensitive receptors, including but not limited to schools, day care centers, hospitals or similar land uses exist on the project site. A private school, Quarry Lane School,is located immediately north of the project site. However, the estimated number of vehicle trips to and from the site (estimated to be 175 daily trips, as documented in section 16, Traffic and Transportation of this Initial Study)would not generate a significant amount of pollutants as noted in subsections "b" and "c," above so no significant impacts would result with respect to this topic. Similarly, the site is not located adjacent to any keeways or major highway corridors that would release significant air emissions. The proposed project is consistent with the use and density assumptions in the EDEIR and no new or substantially more severe significant impacts would result than identified in the Eastern Dublin EIR.No additional analysis is required. e) Create objectionable odors? NI. The project would not result in new land uses that would emit objectionable odors. No impacts are therefore anticipated. 4. Biological Resources Project Im�acts a) Have a substantial adverse impact on a candidate,sensitive,special-status species riparian habitat or wetlands? LS/M. This section is based on a biological analysis of the site prepared by LSA Associates ("Biological Resource Report for the 6237 Tassajara Road Property,Dublin, Alameda County, California," dated January 15, 2014.)This report is incorporated by reference into this Initial Study and is included as Attachment 1 to this Initial Study. The LSA report was peer- reviewed by a City consultant,WRA. The WRA peer review report (dated October 6, 2014) is also included in Attachment 1 to this Initial Study and is also incorporated by reference into this document. The LSA report notes that the project site has been disturbed for urban uses (a residential structure, driveways,landscape contractor storage and similar storage uses) and contains no candidate, special-status or sensitive plant or wildlife species or their respective habitats. On-site vegetation includes five walnut tree, one almond City of Dublin Page 37 � Revised& Recirculated Initiai Study/MND October 2016 Wanmei Properties Project tree and weedy vegetation in the southwest corner of the site that includes wild oat,ripgut brome,bristly ox-tongue and cheeseweed. The proposed project includes removal of the 5 walnut trees and one almond tree and replacing these with 6 48-inch box coast live oak trees as part of proposed landscaping. None of these are classified as protected or sensitive species. The LSA report notes that wildlife species anticipated to be on the site includes Sierran treefrog, western fence lizard, mourning dove, American crow, western scrub jay, northern mockingbird and house finch.None of these species are classified as protected or sensitive wildlife speaes. Lack of candidate, special-status and protected species on the site was confirmed in the WRA peer review report. Although the unnamed creek tributary immediately south of the project site does contain candidate,protected and special-status species, including Caiifornia red-legged frog CRLF , a 6-foot chain link fence with a 4-foot sheet metal CRLF barrier was constructed on the southern property line pursuant to the City's adopted Eastern Dublin Comprehensive Stream Restoration Program in approximately 2007 to preclude migration of the CRLF,f,rom the south onto the project site. No changes to the existing barrier are,proposed. However, the a�plicant proposes to construct a secondaru barrier within the project site that would be a 4-foot solid block wall with an additional2;eet o�'ornamental steel on top. The secondar,y barrier would be located within the project site along the southern propertu line and eastern propertu line. The project further proposes to extend the secondar�CRLF barrier on the eastern side of the project to preclude the migration of candidate, protected and special status species from the Northern Drainage Conservation j Area onto the project site. �. The Eastern Dublin EIR contains a number of mitigation measures to reduce anticipated impacts to biological resources from the General Pian and EDSP project. These are listed below and the project developer will be required to comply with all applicable measures. • Mitigation Measures 3.7/1.0-4.0 reduced impacts related to direct habitat loss (IM 3.7/A) to a less-than-significant level. These mitigations require minimization of direct habitat loss due to development, preparation of vegetation management and enhancement plans and development of a grazing management plan by the City of Dublin. • Mitigation Measure 3.7/5.0 reduced impacts related to indirect loss of vegetation removal (IM 3.7/B) to a less-than-significant level. Mitigation Measure 3.7/5.0 requires revegetation of graded or disturbed areas as quickly as possible. • Mitigation Measures 3.7/6.0-17.0 reduced impacts related to loss or degradation of botanically sensitive habitats (IM 3.7/C)but not to a less- than-significant level. These measures require a wide range of steps to be taken by fixture developers to minimize impacts to sensitive habitat areas, including preserving natural stream corridors, incorporating natural greenbelts and open space into development projects,preparation of � �,. City of Dublin Page 38 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project individual wetland delineations,preparation of individual erosion and � sedimentation plans and similar actions. • Mitigation Measures 3.7/18.0-19.0 reduced impacts related to the San Joaquin kit fox(IM 3.7/D) to a less-than-significant level. These measures require consultation with appropriate regulatory agencies regarding the possibility of kit fox on project sites and restrictions on use of pesticides and herbicides. • Mitigation Measures 3.7/20.0-22.0 reduced impacts related to the tri- colored blackbird (IM 3.7/I) to a less-than-significant level. These measures require preconstruction surveys for this species and protection of impacted habitat areas. These measures also apply to burrowing owl and badger species. • Mitigation Measures 3.7/23.0-24.0 reduced impacts related to destruction of Golden Eagle nesting sites (IM 3.7/J) to a less-than-significant level. These measures require preconstruction surveys for this species and protection of impacted habitat areas. • Mitigation Measure 3.7/25.0 reduced impacts related to loss of Golden Eagle foraging habitat(IM 3.7/K) to a less-than-significant level.This measure requires the identification of a Golden Eagle protection zone within the Eastern Dublin planning area. • Mitigation Measure 3.7/26.0 reduced impacts related to Golden Eagle and other raptor electrocution(IM 3.7/L) to a less-than-significant level. This measure requires undergrounding of electrical transmission facilities. • Mitigation Measure 3.7/20.0, 27.0 reduced impacts related to American badger(IM 3.7/M, N) to a less-than-significant level. This measure mandates a minimum buffer of 300 feet around burrowing owl nesting sites and American badger breeding sites during the breeding season. • Mitigation Measure 3.7/28.0 reduced impacts related to special status invertebrates (IM 3.7/S) to a less-than-significant level. This measure requires follow-on special surveys for these species during appropriate times of the year. The unnamed tributary south of the site is subject to the requirements of the "Eastern Dublin Comprehensive Stream Restoration Program" (City of Dublin, 1996). This document was prepared based on policies and programs contained in the Eastern Dublin Specific Plan and provides guidelines for the protection and restoration of major and minor creeks in the Eastern Dublin planning area. A minimum setback of 100-ft. from top of bank is established in this document for major tribufiaries and 50-feet for minor tributaries unless an exception is approved by the California Department of Fish and Wildlife. City of Dublin Page 39 `� Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project �"' The setbacks serve a number of purposes, including flood control as well as biological protection. The Program further notes that biolo�ical setbacks,�or Tassa�ara Creek ' tributaries can var;�epending on several factors, includi�site conditions, local topographu, the presence of environmental resources, the need to accommodate trails, and the nature of adiacent development. The LSA report identifies the adjacent creek is a major tributar_u in accordance with the Eastern Dublin Comprehensive Stream Restoration Program. As a major tributaru, the Program establishes a 100�'oot setback om the top of the creek bank. The ap�licant is r�uesting an exception to this setback and is proposing an average 50-foot structurad setback based on a number of fa41 ctors. The, 'rst,factor is current site conditions. The developable footprint of the site is fullu disturbed and contains a single famil�dwelling and accessor-U buildings man�of which are currentlu located within the 100-�,o,ot setback. The pr�osed pro�ect would be contained within the current disturbed,footprint o�the site. Another f,actor is the absence o�pecial-status species on the pro�ject site as documented in the LSA report. Additionall�u, an existin�CRLF barrier is in place along the southern propert�line to prevent migration of the CRLF onto the project site. No changes to the existing barrier are proposed. However, the applicant�ro,poses to construct a secondary barrier within the proiect site that would be a 4-foot solid block wall with an additional2-�eet of ornamental steel on top. The secondaru barrier would be located within the p�ect site along the southern propert�line and eastern property line. Due to the fact that, l) the project site is currentl�develo�ed,2) the proposed proiect will be constructed within the disturbed footprint o,�the existing site,3) there are no s,pecial-status species on the project site,and 4) the existing CRLF barrier will be maintained on the southern propertu iine and a secondaru barrier will be constructed along the southern and eastern propertu lines, encroachment within the 100;,�ot setback will not have an �.,:_� adverse im�act on biological resources. With respect to flood control, the adjacent creek was, ullu,restored on/about 2007 and has been designed to accommodate 100�ear tlood,�lows. The proposed proTect has been designed to contain all stormwater runo{f on-site in a bioretention area where it would be filtered and discha�ed into the Cit;�'s storm drain sUStem. During construction, the project will be required to implement erosion control measures that will prevent stormwater runof�from the project site. Although development of the proposed project would not have a significant impact on candidate, protected or special-status wildlife species, the peer review report by WRA(Attachment 2)recommends that the CRLF barrier along the south side of the site be extended along the eastern edge of the project site to prevent migration o the CRLF,from fhe east onto the project site. The following actions shall be taken to ensure that no impact occurs with respect to potentirrl i�acts to candidate,protected and special-status svecies: Mitigation Measure BIO-1. Prior to issuance of a grading permit,the project developer shall comply with the following: a) The existing CRLF barrier along the south side of the site shall be temporaril�extended along the eastern edge of the project site so that the site is fully inaccessible to the CRLF during construction. City of Dublin Page 40 Revised & Recirculated Initial Study/MND October 2016 Wanmei Properties Project Extension of the fencing shall be coordinated with a biologist approved by the Dublin Community Development Department. � �.:,�:, b) The temporary extension ma�be removed once the secondary barrier has been constructed along the eastern propert�{boundar� e � Use of plastic mono-filament netting or similar material for erosion control shall be prohibited on the site to ensure that no entaglements with wildlife occur. Mitigation Measare BIO-2.The project developer shall comply with the following prior to the issuance of grading or demolition permit, whichever occurs first: a) Project grading and construction shall avoid disturbance to riparian vegetation,including any area under the dripline of riparian trees overhanging into the project site from the tributary. If disturbance to riparian trees cannot be avoided, a Streambed Alteration Agreement shall be obtained from the California Deparhnent of Fish and Wildlife. b) If demolition, grading and/or tree removal on the site occur during the nesting bird season (February 1 through August 31), a pre- construction bird survey (including raptors) shall be completed within 30 days prior to initiation of demolition, grading and/or tree removal. If birds or their nests are found on the project site, a 1Q0-foot buffer area around the nest(s) shall be established until the birds have fledged. The width of the buffer may be reduced upon � consultation with the California Departrnent of Fish and Wildlife. c) If construction, tree removal or the removal or demolition of buildings is initiated during the bat maternity period (Apri11 through August 31), a pre-construction bat emergence survey shall be conducted within 30 days prior to initiation of construction, tree removal or the removal or demolition of any building. Internal entrance surveys shall be conducted if any buildings are to be demolished at any time of year to determine if the building(s) currently or previously supported roosting bats. If bats are found, demolition shall be delayed and the California Departrnent of Fish and Wildlife shall be consuited. Mitigation Measure BIO-3. Construction of the new,secondar�CRLF barrier inside the south side of the propert-�and extension of the barrier inside o the easterly propertu boundaru shall adhere to the o�llowing requirements: a) Construction of the new,secondaru barrier along the southern and eastern properftLnes,within the project site, and the temporar�extension o f the existing CRLF barrier along the eastern propertk line, within the pro�ect site,shall be accomplished without encroachin�onto the a�acent conservation easement areas and shall occur during the non-nesting or breeding season,for nearb;�;rds. City of Dublin Page 41 '� Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � Im�acts to Golden Ea�le Nest There is an active Golden Eagle nest located o ff-site approximatele�200_feet east o the project location, in a row o�mature eucali�tus trees. To assess the impacts of the proposed project on the ea,�le nest, the Cit�commissioned a re,port, om a biologist1ornithoIogist experienced in golden eagle behavior from the�irm of WRA. The WRA eagle report is included in Attachment 1. The nest structure is near the eastern edge o the eucr�cluptus stand,on the north side,and visible to the naked eue from the eastern portion of the project site. At the time o the WRA site visit in earlu Mau 2016,one ea,�le was observed on the nest,and it did not flush or otherwise a,�pear to be disturbed by the presence of the biologist or by other activities in the eneral vicinit�To the best of WRA's knowledge, this nest site was 'rst known to be occu�ied in 2016. This is based on a letter to the Cit�of Dublin from Colleen Lenihan dated Apri122,2016. Because golden eagles often re-use individual nests across �ears, the nest may be used a�r_�subsequent uears. Direct pro�ct impacts. Direct impacts to the golden eagle nest tree (e.Y., trimming or completel;�emoving the nest tree or ad�acent trees)while the nest is active could result in death or injur6�to eagle e�gs or young and potentialI�adults as well,and would be a notentiallu si�ifr�nt impact. However, the nest tree is located o�of the project site approximate1�00_,eet east o,�the site in a preserved open space are,and no homes,parking areas or otYcer improvements are proposed in or adjacent to the nest tree area. No direct i�acts to the tree and its immediate surrounds are anticipated as part o the proposed project. There ore, the potential for such direct impacts as a result of project construction is considered Iow and would be less-than-significant, The Bald and Golden Eagle Protection Act also involves protection from the loss or degradation o�bitat areas required for continued use of the vicinitu b� the golden eagle pair. The project site is currentl�u deveIoped with active uses, includin�►large and small trucks deliverin�,and picking up buildin�materials as well as moving such materials around on the project site. lt does not contain trees of a suitable size or character to support eagle nesting. Additionall�,although California ground squirrels (a common prey item for ea I�es in the region) inhabit the project site, the small size o�he site, the developed nature of the site and habitual human presence on the project site,and the availabilit�of nearb� larger nearby preserved lands with grasslands and savannah for oraging all render the site as tncidental foraging habitat at best. There ore,proposed project actzvities wouid not result in a sign}ficant loss of or degradation to eagle habitat. Project operationai impacts. Pro,Ject activities following construction (i.e.,residential use o�the subdivision)are not expected to result in signi icant impacts to the eagle nest. The eagle nest was built recentl�within 250 feet o an existing larger residential subdivision to the south and within 300�'eet of a private school to the north, each with unobstructed line-o-site views from f, he nest site. Furthermore, the project site is currentl� being used as a landsca�,e materials storage e a�with dailuactivit� This iridicates that the ea�,ie�S habituated to the existing conditions, including human activities,and would not be significantl�impacted b�the operations o a residential subdivision on the project site. � ���- City of Dublin � Page 42 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Project construction impacts. Indirect disturbances resulting, om project-related � activities (e.g., noise,vibration and/or visual disru�tion from ea�les viewing human activitu resulting, om grading or construction)within the pro,ject Site have the potential to adversely impact eagle nesting activities at the nearby nest site. If the nest is active (holding eggs or uounq)or otherwise being attended b�eagles while such disturbances occur, reduced reproductive e(fort or success, including abandonment of the active nest, mau occur. This would be a significant impact. Im�lementation o the,ollowing measure would reduce this imnact to a less than significant level. Mitigation Measure BIO-4. The ollowing measures shall be included in all project construction plans and speci cations, a) All project construction shall occur between julu 1 and December 31, outside o the greater eagle nesting season. Depending on the specific golden eagle pair, the Dubiin Communi e Develo�ment Director maugrant exceptions to this requirement sup�orted hu technical information�revared b�u a�uali 'ed biologist• b) I f project construction is scheduled to commence during the nestin� season, the,�ollowin�shall be imptemented: i) The known nest site near the�ro�ect site and other suitable nestin� substrates in a .25 mile vicinity shall be monitored b;�c�,ualified biologist experienced in golden eagle behavior and approved b�the Citu of Dublin and CDFW to determine whether a nest is active. MonitorinQ visits shall be conducted starting lanuary 1 and occur weekl,t�Qt A minimum throuyh Tune 30 to ensure that the status o,�the nest(i.e., level � of attendance b�adult eagles, known or nresumed presence o�ggs or i�oun�)has been determined relative to the proposed projecticonstruction schedule. Proiect construction shall not commence while the nest is active. If the nest is determined to be inactive,p�ect construction mau commence as long as the nest remains inactive as determined bu the gualified biolo,gist. ii) If a nest becomes active following the commencement�tiroject construction activities,a quaIified biologist shall constantl�u monitor the nest during all construction activities. If the birds exhibit abnormal nesting behavior which mau cause reproductive failure (nest abandonment and loss of eggs and/or�young) the guali,�ied biologist shall have the authoritu to halt all pro,ject construction activiti_es. Profect construction shall not resume until the�ualified biologist has c'onsulted with the Citu of Dublin and CDFW and it is confirmed that the bird's behavior has normalized or the�oung have left the nest. iii) Once the nest has become inactive as determined bu the qualified biologist, (e.g., foll�owin.g the�gin�of,�ng)Tpr_oject construction may continue without continual monitoring and shall revert to weekl� monitoring visits. � City of Dubiin Page 43 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � In terms�tiotential loss o�foragin.g area with the�roz�osed development of the project gvlden ea l�es,�r�e over broad areas and the close proximitu o the project site to the eagle nest does not necessarily indicate that it is important for fora�ing. The project site is relativel�{smatl gnd has been e ectivel d� eveloped�'or a number of�i ears,with a regular human presence on- site and a school located directlu adjacent. There are substantially larger, nearb�preserved and undeveloped lands that host ground squirrels,�ckrabbits,and other golden eagle pre� Far these reasons the proiect site provides incidental or�ng habitat at best. There ore the loss of the ground squirrel population within the project site would not constitute a significant impact in terms o f potential loss of foraging habitat. Rodenticide use. Introduction of toxic or otherwise harmful chemicals into the golden eagle �reu b� ase (e.g. mice rats and ground s�uirrels)as a result of the proposed project ma�pose �otentiai indirect si�nifi�nt impact Construction operations and residential subdivisions and individuals occu�uing residences commonl, use rodenticides to control the rodents such as ound sc�,uirrels mice and rats. Because golden eagles ma�,pre�upon contaminated rodents the ea�les themseIves ma�incur adverse biological e(f'ects such as reduced fecundit�abilit�,orage, or death. The East Alameda Countu Conservation Strateg� fncludes Conservation Action GOEA-4 to encoura,ge land managers and yard maintenance staff to use Integrated Pest Management (IPM)�rinciples and cease using rodenticides in exterior�ard areas•i�the�are necessar�rodenticides should be used consastent with IPM principles. Mitigation Measure BIO-5. Rodenticides shall not be used outdoors,either during�roject construction or after construction has finished, unless absolutel�necessar� The�overning bodt�o�he residential subdivision (e.st., ��,.- Home Owners Association or eyuivatent) shall implement a restriction on the use of outdoor rodenticides in their governing documents (e.g., Covenants, Conaitions and Restrictions), uniess absolutel�required,and then theu shall be used consistent with IPM principles. IPM techniques include generallu limiting use of chemicals infavor of inechanical controlo�pests. Potential im�acts to California red-legged fro�species As noted in the Environmental Setting section,above, the project site was thoroughl� reviewed b�quaiified bioloQical resources,firm (LSA)who did not 'nd an�u evidence of Cal�ornia red-legged ��ro,�s on the project site and that due to the presence of the exfsting �oot metal barrier and the disturbed nature of the project site, the project site does not contain an�evidence o red-legged,{rog occupanc�. Simitarl ,� the project sife is not ex�ected to provide u�land habitat for the CRLF because the existing 4-�oot sheet metal CRLF barrier prevents such movement in the,project site direction. However to ensure that no CRLF species would be impacted b�proposed project, the following mitigation measure shall be implemented. Mitiga�ion Measure BIO-6 30 da;�s prior to commencin�ant�Q�ing activities or any other activities that would disturb the ground surface,a preconstruction surveu for CRLF shall completed bKa quali 'ed biologist as approved bu the Dublin �Community Development Department I�,no CRLF are found to be present,grading activities ma�be undertaken. l CRLF are found,alt acttvity on the project site shall � cease and both the Cali rnia Denartment of Fish and Wiidlife (CDFW) and the City of Dublin Page 44 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project . United States Fish and Wildlife Service(LISFWS)shall be contacted Llnless USFWS � authorizes reIocation,anU -r�ogs found on-site must be allowed to leave the area on fheir own. - b,c) Have a substantial adverse impact on riparian habitat or federally protected wetlands? NNI.The project site consists of upland, non-wedand terrain as documented in the LSA report(see Attachment 1). A wefland and riparian wefland area exists just to the south of the site within an unnamed tributary of Tassajara Creek. No new impacts would result from approval and construction of the proposed project to wetlands or riparian habitat because redevelopment of the project site would be limited to the existing disturbed footprint of the property;no residential development is proposed in the wetland or riparian area offsite. No changes to the existing CRLF barrier are proposed However the applicant pro�oses to construct a secondaru barrier within the pro�ct site that would be a 4�oot solid block zvall with an additional 2 feet o{ornamental steel on top The secondaru barrier would be located on the project site within the southern�roperi-u line and easter�ropert�line Pursuant to Eastern Dublin EIR Mitigation Measure 3.5/46.0, the City will require the project developer to prepare a Storm Drainage Master Plan to minimize flows of stormwater off of the project site. The project developer will also be required to prepare and implement Best Management Practices during construction and during the operation phase of the project to minimize flow of polluted runoff into the adjacent creek area.Such BMPs will be as contained in the ABAG Erosion Contral Sediment Hand book and the State of California Best Management Practices Handbook. These regulations require filtration and �j, treatment of stormwater by flowing runoff through vegetated filters and similar methods as approved by the City of Dublin. With adherence to the above items, no new or substantially more severe significant irnpacts would occur with respect to riparian habitat or federally or state protected wetlands than previously analyzed in the prior EIR. No additional analysis is required. d) Interfere with movement of native fish or wildlife species? NNI.Development on the project site is, and would continue to be, fenced off from the adjacent potential fish and wildlife corridor present in the adjacent tributary (see Mitigation Measure BIO-1). The fence/wall would preclude interaction between subdivision residents and visitors and the tributary. There would therefore be no interference with fish or wildlife movement within the tributary and no new or substantially more severe significant impacts related to movement of fish or wildlife species than previously analyzed in the prior EIR and no additional analysis is required. e,� Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation Plans or Natural Community Conservation Plans? NI. The project lie within the Eastern Alameda County Conservation Strategy (EACCS) planning area. The City of Dublin utilizes the Conservation Strategy as guidance for envirorunental permitting for public projects, and private City of Dublin Page 45 � Revised & Recirculated Initial Study/MND October 2016 � Wanmei Properties Project � development projects are encouraged to use the EACCS as a resource as well. The Conservation Strategy embodies a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development, infrastructure, and other activities. The Conservation Strategy is neither a Habitat Conservation Plan nor a Natural Community Conservation Plan,but is a document intended to provide guidance during the project planning and permitting process to ensure that impacts are offset in a biologically effective manner. The proposed project is subject to compliance with the Eastern Dublin Comprehensive Stream Resfioration Program which requires a 100-foot setback from major tributaries and a 50-foot setback from minor tributaries unless an exception is granted by the California Department of Fish and Wildlife. The project proposes an average 50-foot structural setback therefore an exception must be approved by the California Department of Fish and Wildlife. The applicant is proposing an average 50-foot structural setback from the existing top of creek bank in-lieu o f the 100-foot wide setback set forth in the Eastern Dublin Comprehensive Stream Restoration Pro.gram. Portions of the project that would encroach into the avera�, oot structural setback include a water detention/retention basin, landscapin�guest parking,private roadwa�private�orches and portions of residential garages on Lots 8 and 19. The existing site is,u�lle d� eveloped within the 100�'oot setback and is activel,u used b� various landscape contracting businesses. The pro�ect proposes deveiopment within the same footprint as the existing developed site and pr�oses to locate the single,famil,�,homes as far as practical from the top of creek bank. The creek corridor to the south is physicall� separated, om the p�ect site by an existin�CRLF barrier which would remain in place. The future construction of the project and the pro�osed improvements within the 100;oot setback would not result in signi 'cant impacts to special-status,protected or endan�ered plant or wildlife species, since, as document in subsection "a,"above, none have been observed on the project site b�qualified biologists. Mitigation Measure BIO-6 requires that �re-construction surve�be conducted 30 da;�,prior to any site disturbances to ensure that no Cal�rnia Red Le�ged Frogs are on-site when construction commences. I CRLF is fourtc�BIO-6 prohibits the relocation unless directed bu the United States Fish and Wildlife Service. The existing CRLF barrier located on the southern e�e of the project sfte would be extended to�ully enclose the eastern portion o the�roject site Extending the barrier would preclude pote�future miQration of CRLF onto the project site from the south or east. Therefore, the continued encroachment of improvements within the 100,�t setback would not result in a significant impact related to compliance with the Eastern Dublin Com�rehensive Stream Restoration Program. � �..,,.,- City of Dublin Page 46 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � 5. Cultural Resources Project Impacts a) Cause substantial adverse change to significant historic resources?NNI. No historic resources on the project site are identified in the Eastern Dublin EIR. Although one residential structure exists on the site,it is typical of existing dwellings found along Tassajara Road in Eastern Dublin and does not qualify as a historic resource. Development of the proposed project would result in no new or more severe significant impacts related to historical resources than identified in the prior EIR and no additional analysis is required. b-d) Cause a substantial adverse impact or destruction to archeologicat or paleontologicai resources, triba�resources, or human remains that may be interred outside of a formal cemetery? NNI. No cultural resources are identified for the project site in the Eastern Dublin EIR. The Eastern Dublin EIR identifies a remote but potentially significant possibility that construction activities, including site grading, trenching and excavation, may uncover significant archeological and/or paleontological resources on development sites within the Eastern Extended Planning Area. Mitigation Measures 3.9/1.0 through 3.9/4.0 for Impact 3.9/A require subsurface testing for archeological resources,if such are found during site disturbance;recordation and mapping of such resources; and development of a protection program for resources which qualify as "significanY' under Section 15064.5 0#the CEQA Guidelines (then Appendix K). Mitigation Measures 3.9/5.0 and 3.9/6.0, also were adopted to address Impact 3.9/B, the Q potential disruption of any previously unidentified pre-historic resources. These measures require cessation of construction activities until uncovered cultural resources can be assessed by a qualified archeologist and a remediation plan approved by the City of Dublin consistent with CEQA Guidelines. These measures would also protect any previously unidentified tribal resources if encountered during construction. The proposed project will be required to comply with above measures to ensure these impacts will remarn less-than-significant. Development of the proposed subdivision would result in no new or substantially more severe significant impacts related to subsurface ' archeological, paleontological; or tribal resources, or human remains than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. 6. Geology and Soils Project Im,pacts a) Expose people or structures to potential substantial adverse impacts, including loss, in�ury or death related to ground rupture,seismic ground shaking,ground failure,or landslides?LS. The proposed project would allow construction of new dwellings City of Dublin Page 47 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project on the site. Potential impacts related to soil and geologic impacts on future residential construction are addressed in Seismic Safety Element of the Dublin General Plan. This Element addresses impacts related to groundshaking, ground rupture, and soil-based hazards, such as differential settlement, liquefaction and landslides. Guiding Policy 8.2.1.A.1 of this Element states that "geological hazards shall be mitigated or development shall be located away from geological hazards in order to preserve life,protect property and reasonably limit the financial risks to the City of Dublin and other public agencies that would result from damage to poorly located public facilities." The Eastern Dublin EIR contains a number impacts and related Mitigation Measures to reduce anticipated geology and soils impacts for site-specific development projects. These include: • Mitigation Measure 3.6/1.0 reduced the primary effects of ground shaking (Impact 3.6/B)by requiring conforxnity with seismic safety requirements of applicable building codes.Even with adherence to this mitigation, this impact was considered significant and unavoidable. • Mitigation Measures 3.6/2.0-7.0 reduced impacts related to the secondary effects of seismic ground shaking to a less-than-significant level (Impact 3.6/C). These measures require placement of structures set back from unstable landforms;stabilization of unsuitable land forms;use of engineered retention struchxres and installation of � suitable subdrains and appropriate design of fill material; and, preparation of design level geotechnical studies. • Mitigation Measures 3.6/9.0 and 10.0 reduced impacts related to substantial alteration of landforms in the Eastern Dublin area to a Iess- than-significant level by limiting grading on steeply sloping areas and by appropriate siting of roads and structures to minimize grading (Impact 3.6/D). • Mitigation Measures 3.6/11.0-13.0 reduced impacts related to shallow groundwater to a less-than-significant level (Impacts 3.6/F and G). These measures require submittal of detailed geotechnical investigations to investigate possible risks of groundwater conditions to proposed improvements, control of high groundwater through installation of subdrains and removal of stock ponds then in the Eastern Dublin area. • Mitigation Measures 3.6/14.0-16.0 reduced impacts related to shrink- swell soil hazards to a less-than-significant level (Impact 3.6/H). These measures require controlling moisture in the soil surrounding individual development projects and appropriately designed foundations. • Mitigation Measures 3.6/17.0-19.0 reduced impacts related to natural � slope stability to a less-than-significant level (Impact 3.6/I). These Ciry of Dublin Page 48 Revised & Recirculated Initial Study/MND October 20i6 Wanmei Properties Project ___-__ measures require appropriate siting of improvements to avoid � unstable soils, remedial grading where needed to remove unstable soils and installation of subdrains and other improvements to minimize soil stability unpacts. • Mitigation Measures 3.6/20.0-26.0 reduced impacts related to stability of cut-and-fill slope to a less-than-significant level (Impact 3.6/J). These measures require minimizing the use of grading when siting proposed improvements, conformance to local grading requirements, minimizing the angle of cut-and-fill slopes to 3:1 and use of engineering techniques to stabilize manufactured slopes. • Mitigation Measures 3.6/27.0 and 28.0 reduced impacts related to erosion and sedimentation to a less-than-significant level (Impacts 3.6/K and L). These measures require general limitations on grading to avoid the rainy season of each year and require installation of erosion control improvements. The project site and proposed future improvements could be subject to moderate to severe ground shaking due to seismic activity on regional faults as well as potential ground failure as a result of liquefaction and landsliding into the adjacent tributary. These impacts will be less-than-significant by adherence to the above Eastern Dublin EIR mitigation measures and compliance with the City's grading regulations. The City of Dublin Public Works Departrnent will require, consistent with � Eastern Dublin EIR mitigation measures and Dublin Municipal Code chapter 7.16 (Grading Regulations), the project developer to obtain a soils and geotechnical report from a California registered geologist or equivalent to assess soil conditions on the site and the presence of any potential soil hazards. Depending on localized soil and geotechnical conditions, the report will recommend site-specific grading and construction techniques to reduce impacts related to seismic ground shaking, ground failure and landslide to a less-than-significant level. Typically, such recommendations include but are not limited to appropriate grading procedures, soil compaction, special designs of building footings and foundations to withstand ground failure and similar features.Construction and development of the project will result in no new or substantially more severe significant impacts than have been previously analyzed in the Eastern Dublin EIR.No additional analysis is required. b) Is the sife subject to substantial erosion and/or the loss of topsoil?NNI. The subdivider will be required by the City of Dublin to adhere to Best Management Practices (BMPs) as set forth by the Alameda County Clean Water Program to ensure less-than-significant impacts regarding substantial soil erosion or loss of topsoil. BMPs would also avoid erosion into the adjacent unnamed tributary . Adherence to Mitigation Measures 3.6/27.0 and 28.0 from the Eastern Dublin EIR also require individual project developers to minimize erosion off of project sites. Ciry of Dublin Page 49 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project I �' BMPs typically include but are not limited to installation of silt fences, sandbags, desilting basins and similar measures to minimize substantial erosion and loss of topsoil. The�roiecTsubject to the Citu's Watercourse Protection Ordinance (Ordinance 52-87 and DMC chapter 7 20)which requires a 20 foot creek setback to sa�eguard watercourses h��preventin�activities that would contribute signi_fr,�cantly to ooding,erosion or sedimentation The�roiect is also subject to the Cit�of Dublin Eastern Dublin Com�rehensive Stream Restoration ProQram that re�uires a 100-foot wide setback,from the t�o bank from the adjacent tributaru to Tassajara Creek. These various setbacks are denicted on Exhibit 7. —,---- Encroachments into the 20-foot setback mau be approved b�the Citu's Public Works Director Portions o the�roposed pr�ect such as the private road and�uest parkin� �aces would encroach into the required 20 foot setback area. The Cit�of DublTn Public Works Director ma�grant a setback encroachment if it is determined that the proposed encroachment would not increase on-or o�{site flooding or increase the amount of sediment eroding,from the project site into the creek. The�roiec_' t is required to adhere to construction and post-construction erosion and sediment controls to ensure that no sediment wouId erode into the adjacent creek. Construction period sedirnent controls would consist o,�installation o silt,fences and straw bales alon�t the boundari�of the project to�reclude runo�from the site. Long-term �erational erosion and sediment controls to be i�lemented the project developer would � include construction o a water qual�pond in the south west portion of the site to collect alt stormwater and cieanse this water prior to discharge into the Citu's drainage s��stem. Ther�re there would not be a significant impact to increased sedimentation or erosion off o�'the site should the encroachment be approved b�the Citu's Public Works Director. With adherence to Eastern Dublin EIR mitigation measures and City requirements to install erosion control BMPs to ensure that no si�nificant erosion or sedimentation would occur o�of the project site,no new or more severe significant impacts would occur with respect to this project than have been previously analyzed in the Eastern Dublin EIR. c-d) Is the site located on soil that is unstable or expansive and that could result in potential lateral spreading, liquefaction, landslide or collapse?NNI. Potential geologic impacts on future development in the Eastern Dublin area were analyzed in the Eastern Dublin EIR. Mitigation Measures contained in the Eastern Dublin EIR, including but not limited to Mitigation Measures 3.6/14.0-26.0 (identified earlier in this Initial Study),will ensure that impacts related to unstable soils, liquefaction, lateral spreading,landslide and other soil hazards will be less- than-significant.Development of the proposed project would result in no new or more severe significant impacts related to soil instability than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. e) Have soils incapable of supporting on-site septic tanks if sewers are not available?NI. The City of Dublin will require proposed dwellings within the project to - connect to the local sewer system,maintained by the Dublin San Ramon �.,.;. City of Dublin Page 50 Revised& Recirculated Initiai Study/MND October 2016 Wanmei Properties Project I Services District. No impacts would therefore result with regard to septic � systems. 7. Greenhouse Gas Emissions Envirorunental Settin� Since certification of the Eastern Dublin EIR in 1993, the issue of contribution of greenhouse gasses to climate change has become a more prominent issue of concern as evidenced by passage of AB 32 in 2006. On March 18, 2010, amendments to the State CEQA Guidelines took effect which set forth requirements for the analysis of greenhouse gasses.The topic of the project's contribution to greenhouse gas emissions and climate change was not analyzed in the Eastern Dublin EIR. Since the Eastern Dublin EIR has already been approved, the detexmination of whether greenhouse gasses and climate change needs to be analyzed for this proposed project is governed by the law on supplemental or subsequent EIRs (Public Resources Code section 21166 and Guidelines, Sections 15162 and 15163). Greenhouse gas and climate change is not required to be analyzed under those standards unless it constitutes "new information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified as complete (CEQA Guidelines Sec. 15162 (a) (3).) Greenhouse gas and climate change impacts is not new information that was not known or could not have been known at the time the Eastern Dublin EIR. The issue of climate change and greenhouse gasses was widely known prior to these CEQA reviews. The United Nations Framework Convention on Climate Change was established in 1992. The regulation of greenhouse gas emissions to reduce climate change impacts was � extensively debated and analyzed throughout the early 1990s. The studies and analyses of this issue resulted in the adoption of the Kyoto Protocol in 1997. In the early and mid 2000s, GHGs and climate change were extensively discussed and analyzed in California.In 2000, SB 1771 established the California Climate Action Registry for the recordation of greenhouse gas emissions to provide information about potential environmental impacts.In 2005, the Governor issued Executive Order #S-03-05 establishing greenhouse gas emission reduction targets in California. AB 32 was adopted in 2006. Therefore, the impact of greenhouse gases on climate change was known at the time of the certification of the Eastern Dublin EIR in May 1993. Under CEQA standards, it is not new information that requires analysis in a supplemental EIR or negative declaration. No supplemental environmental analysis of the project's impacts on this issue is required under CEQA. Proiect Im�acts a,b Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan,policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? As discussed above,no additional envirorunental analysis is required under CEQA Section 21166. City of Dublin Page 51 � Revised& Recirculated initial StudylMND . October 2016 Wanmei Properties Project !� 8. Hazards and Hazardous Materials �:,.;� Project Impacts a) Create significant�iuzards to the public or the environment fhrough the routine transport, use or disposal hazardous materiais?NI. Implementation of the proposed project would not involve any industrial,manufacturing or similar land uses or activities that would use, generate, transport or store significant quantities of hazardous materials.Instead,the project would involve construction of a housing development. No impact is anticipated with regard to this topic. b, c) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accidental conditions involving the release of hazardous materials into the environment or emit hazardous materials or handle hazardous or acuteiy hazardous materials, substances or wastes within one-quarter mile of an existing or proposed school? LS/M.The topics of hazards and hazardous materials was not analyzed in the Eastern Dublin EIR. The project site has been used as a contractor's storage yard and for storage for vehicles,materials and similar equipment for a number of years.There is a possibility of oil, gasoline and other chemicals to be deposited in the soil. Grading of the site to create building pads, the private street and trenching for underground utilities could release potentially hazardous contaminants into the environment that would be a significant impact. Adherence to the following measure will reduce this impact to a less-than-significant level. � Mitigation Measure HAZ-1. Prior to issuance of a grading permit, the project applicant shall commission a Phase II Environmental Site Assessment from a qualified specialist to determine the presence or absence of inetal contaminants,peiroleum deposits or other contaminants above regulatory thresholds.If contaminated materials are detected on the site at actionable levels, a Remediation Plan shall be prepared in coordination with affected regulatory agencies and i.mplemented prior to commencement of grading operations. The Remediation Plan shall include a worker safety plan,protections for employees and visitors on adjacent properties and protection of the adjacent tributary. Demolition of the existing structure on the site could release asbestos material and/or lead based paints into the envirorunent, which would be a significant impact. Adherence to the following measure will reduce this impact to a less- than-significant level. Mitigation Measure HAZ-2 Prior to issuance of a demolition permit for the existing structure, a licensed contractor shall determine the presence or absence of lead based paints or asbestos material on the site. If found in quantities at or above actionable levels as determined by the Alameda County Fire Department and Dublin Building Departrnent, these materials shall be safely removed consistent with the Occupational Safety and Health Administration (OSHA) and other applicable standards and disposed of in an appropriate location. Necessary permits and approvals �, City of Dublin Page 52 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project shall be secured from appropriate regulatory agencies. The adjacent � tributary shall also be protected from migration of contaminated material. d) Be listed on a site that is included on a list of hazardous materials sites compiied on the Cortese List and,as a result,would create a significant hazard to the public or environment? NI. The site is not included on the Cortese List as of January 28, 2016. The Cortese List identifies one potentially contaminated site in Dublin, which is the Parks RFTA (also known as Camp Parks).Parks RFTA is not located near the project site and no impact would result with respect to this topic. e,f) Is the site located within an airport land use plan of a public airporf or private airstrip? NI.The project site lies outside of the Airport Influence Area (AIA) of Livermore Municipal Airport(see Figure 3-1, Livermore Airport Land Use Compatibility Plan, County of Alameda, 2012).No impact would result with respect to this topic. g) Interference with-an emergency evacuation plan?NI. Future housing units constructed on the site will be located on private land, not public roads or rights-of-way. The project has been reviewed by the Alameda County Fire Deparhnent, Dublin Police Department and Community Development Department to ensure that no interference with emergency plans would occur. No impacts are anticipated with regard to this topic. h) Expose people and structures to a significant risk of loss, injury or death involving � wildland fires or where residences are intermixed with wildlands? NIVI. The area east � of the project site consists of undeveloped property within a conservation easement area.Development of the proposed subdivision is subject to Eastern Dublin EIR Mitigation Measures 3.4/9.0-12.0 and the City of Dublin Urban Wildfire Management Plan that requires the project developer to incorporate fire safety components,including buffer zones, exterior irrigation, fire trails and fire breaks. With adherence to these measures,no new or substantially more severe significant impact would result than has previously been analyzed in the Eastern Dublin EIR and no additional analysis is required. 9. Hydrology and Water Quality Project Ixnpacts a) Violate any water quality standards or u�aste discharge requirements?N1VI. Construction of new dwellings anticipated in the proposed project are planned for in the current Dublin General Plan and Eastern Dublin Specific Plan and have been included in the Dublin San Ramon Services District(DSRSD) wastewater master planning by the District. District wastewater facilities do not exceed Regional Water Quality Control Board waste discharge requirements or water quality standards (source: Stan Kolodzie, DSRSD, 9/17/14). City of Dublin Page 53 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � In addition, regarding surface water quality impacts, the City of Dublin ` enforces the most recent NPDES water quality standards to ensure that potentially polluted runoff from upland sites is prevented from entering into creeks, streazns and other bodies of water.This occurs during City review of all development applications,including the project's proposed water quality pond in the southwest corner of the site. Therefore, no new or more severe significant impact would result than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. b) Substantially deplete groundwater recharge areas or lowering of water table?NNI. The source of water to all dwellings in the City of Dublin is imported water supplied by DSRSD and Zone 7 Flood Control and Water Conservation District that relies primarily on imported water from other sources. Although Zone 7 does use locai groundwater to augment the local water supply,the District notes that groundwater resources are managed to ensure that no impact would occur(source:letter from Elke Rank,Zone 7, 10/15/14). Mitigation Measures 3.5/49.0 and 50.0 contained in the Eastern Dublin EIR, minimized the impact of reduced groundwater recharge areas to an insignificant level (Impact 3.5/Z).The two Mitigation Measures require that facilities be planned and management pracfiices selected that protect and enhance water quality and that Zone 7 programs for groundwater recharge be supported. There would be no new or rnore severe significant impact with lowering of the water table or reducing the amount of groundwater recharge areas than previously analyzed in the Eastern Dublin EIlZ and no additional analysis is required. c) Substantially alter drainage patterns, inctuding streambed courses such that substantiai siltation or erosion wauld occur?NNI. Construction of future housing units could result in a greater quantity of stormwater runoff as a result of increasing the amount of impervious surfaces. The City of Dublin enforces Best Management Practices included in the Alameda County Clean Water Plan to minimize siltation and erosion from individual sites,including the project site. These include both construction and post-construction BMPs,including but not limited to requiring installation of silt fences and straw bales on construction sites and frequent sweeping of parking areas, covering of solid waste dumpsters and other post-construction measures, such as the proposed water quality pond. Implementation of BMPs is required for all new development, so there would be no significant erosion impacts from altered drainage patterns. Eastern Dublin EIR Mitigation Measures 3.5/44.0-48.0 reduced the potentially significant impact of flooding from increased runoff(Impact 3.5/Y).These measures require storm drainage master pianning (MM 3.5/46.0);natural � channel improvements wherever possible(MM 3.5/45.0);drainage facilities City of Dublin Page 54 Revised& Recirculated Initiai Study/MND October 2016 Wanmei Properties Project that minimize any increased potential for erosion or flooding (MM 3.5/44.0); � and, provision of facilities to control downstream flooding (MM 3.5/47.0). These measures are applied to new housing developments in Eastern Dublin, including the proposed project, to reduce impacts to drainage patterns and erosion to a level of insignificance. The project a�plicant has requested City a�praval o.f an encroachment,or�ro'�ct improvements within the required 20-oot setback�rom top of bank of the existing watercourse immediatel,�south o the�ro�ject site. An encroachment into the 100-foot zoide setb�from the top of bank o the ad'acent creek as established bu the Eastern Dublin Comprehensive Stream Restoration Program has also been rec�uested. Such an encroachment must be a�proved by the California Department o Fish �Wildlife. Exhibit 7 shows the location of the Ci -required 20 foot setback om to�o,f'bank from the creek on the project site, the 100-foot setback required bu the Comprehensive Stream Restoration Program and the average 50,foot-wide setback. The Comprehensive Stream Restoration Program notes that setbacks are not 'xed,but "erosion and hd du rologic conditions ma allow,or,flexibilitu in the biologicai�setbacks for tributaries (p.59)."An ap�licant's revised setbacks should be justified based on ood flows, existing vegetation,qualit�of habitat,bank conditions and treatments and current and proposed land uses (p. 59). For this project, no significant impacts are anticipated with respect to im,_pacts to special-status, candidate or otherwise protected biological s,�ecies since the site has been developed or a dwelling and enclosed and open storage of construction materials � for a lon�period of time The Ci ,-re�uired erosion control plan wouid direct all � project stormwater runoff to an on-site water guality plan prior to discharge into the Ci 's stormwater s�stem There,fore there would be no si�nificant impacts to erosion or ood flows into the adjacent creek should the encroachment into the creek setback be a roved b the Cali r ia D pp u ,• n crRrtment�f F�sh �W�l�lif�. Development of the proposed project would result in no new or more severe significant impacts related to soil erosion than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. d,e) Substantially alter drainage patterns or result in flooding, either on or off the project site, create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff.� NI�TI. Refer to item "c," above.No new or more severe significant impacts are anticipated with respect to this , topic. f� Substantially degrade water quality?NNI. The City of Dublin requires all individual development projects, including the proposed project, to meet Best Management Practices to ensure that water quality would be protected.Best Management Practices are described above in Section 9c of this Initial Sfiudy. In addition, Mitigation Measures 3.5/52.0-55.0 contained in the Eastern Dublin EIR reduced the impact of non-point source pollution into local waterways, including urban runoff, non-stormwater discharges, subsurface drainages and ,,,� City of Dublin Page 55 Revised& Recirculated initial Study/MND October 2016 Wanmei Properties Project � construction runoff(Impact 3.5/AA). Implementation of the prior Mitigation Measures requires each development to prepare project-specific water quality investigations addressing this issue. For the project, this is reflected in the proposed water quality pond in the southwest corner of the site and implementation of the BMPs described above Development of the housing units would result in no new or substanfiially more severe significant impacts related to water quality than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. g-i) Place housing within a 100-year flood hazard area as mapped by a Flood Insurance Rate Map,or impede or redirect flood flow, including dam fai�ure? NiI. The project site is located adjacent to and on the north side an unnamed tributary of Tassajara Creek. Based on disctxssions with the City of Dublin staff, a 100-year flood zone was established for the tributary adjacent to the site when a restoration plan was prepared and subsequently implemented. All habitable improvements proposed for the project would be located outside of a 100-year flood hazard zone (source:Jayson Ixnai,Dublin Public Works Department 10/10/14). No impacts would result with respect to this topic. � j) Result in inundation by seiche, tsunami or mudflows? NNI.The projec#site is located inland from major bodies of water so there is no potential for inundation by seiche or tsunami.As to mudflows, Mitigation Measures 3.6/17.0 through 19.0 contained in the Eastern Dublin EIR provide protection from slope failures of natural slopes (Impact 3.6/I)by limiting new development on unstable soils, removal and replacement of unstable soils and ���° similar actions. No new or more significant severe impacts would occur with respect to this topic than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. 10. Land Use and Planning - Project Im�acts a) Physically divide an established community?IVI. Construction of future dwellings would be allowed based on the Dublin General Plan and the Eastern Dublin Specific Plan.The site is substantially surrounded by existing development, a major road and a conservation easement to the east and would not physically divide an established community. No impacts are anticipated. b) Conflict with any applicable land use plan,policy or regulation?NI. No amendments are required to the Dublin General Plan or the Eastern Dublin Specific Plan to allow construction of anticipated dwellings. The proposed project is subject to compliance with the Eastern Dublin Comprehensive Stream Restoration Program which requires a 100-foot setback from major tributaries and a 50-foot setback from minor tributaries unless an exception is granted by the California Department of Fish and Wildlife. The project proposes an average 50-foot structural setback therefore an exception must be approved by the California Department of Fish and Wildlife. Additionally, the project is subject to the �r� City of Dublin Page 56 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project i City's Watercourse Protection Ordinance (Ordinance 52-87 and DMC chapter � 7.20) which requires a 20-foot creek setback to safeguard watercourses by preventing activities that would contribute significantly to flooding, erosion or sedimentation. Encroachments into this setback may be approved by the City's Public Works Director. Portions of the proposed project, such as the private road and guest parking spaces,would encroach into the required 20-foot setback therefore approval of a setback encroachment must be granted by the Public Works Director. Even with these exceptions,no impacts are anticipated with respect to this topic since the project site does not contain any special status species and the existing CRLF barrier will be extended along the eastern e�e of the project site to preclude migration of any special status species onto the project site. c) Conflict with a habitat conservation plan or natural community conseruation plan?NI. No such plan has been adopted within the City of Dublin.There would therefore be no impact to a habitat conservation plan or natural community conservation plan. 11. Mineral Resources Project Im,pacts a,b) Result in the loss of availability of regionally or IocalIy significant mineral resources? NI.No impacts would occur to any mineral resources, since no such resources are identified in the Dublin General Plan. � 12. Noise � (Note: this portion of the Initial Study is based on a site-specific acoustic report prepared for the project by the firm of RGD ("Environmental Noise Impact Sfiudy for 6237 Tassjara Road,Dublin CA," dated March 10, 2016. This report is included as Attachment 2 to this Initial Study and incorporated herein by reference.) Project Im�acts i a) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or other applicable standard? LS/M. Approval and construckion of the proposed project would add new dwelling units to a largely vacant site. New auto trips would be added to the local and regional road network and would potentially increase roadway noise along Tassajara Road. The topic of noise was addressed in the Eastern Dublin EIR. Mitigation Measure�.10/1.0 reduced impacts to housing located along major roadways to a less-than-significant level by requiring developers of housing projects proposed within a future 60 decibel CNEL noise contour to complete an acoustic analysis to ensure that City and State noise standards can be achieved. This measure has been addressed by preparation of the RGDL acoustic analysis. Mitigation Measure 3.10/3.0 for Impact 3.10/D similarly requires acoustic analyses for housing sites near Parks RFTA for compliance with City City of Dublin Page 57 � Revised& Recirculated (nitial Study/MND October 2016 - Wanmei Properties Project � noise exposure levels;however,even with this mitigation,Impact 3.10/D was determined to be significant and unavoidable and a Statement of Overriding Considerations was approved (City Council Resolution No.53-93). The Eastern Dublin EIR also determined that residences in existence as of certification of the Eastern Dublin EIR would be subject to increased roadway noise and that mitigation of this impact to a iess-than-significant level was infeasible (Impact 3.10/B). This significant and unavoidable impact was included in the Statement of Overriding Considerations that was adopted with approval of the Eastern Dublin Specific Plan (City Council Resolution No.53- 93). Traffic imnacts. The Noise Element of the City's General Plan considers a CNEL of 60 dBA or less as normally acceptable for residential development. The existing noise level at homes closest to Tassajara Road (Lots 1 and 17)is a CNEL of 68 dBA. In the future (2035), traffic noise levels are expected to increase by 1 dBA due to increased traffic. This increase in future traffic would result in a future CNEL of 69 dBA at the closest homes. This would be a potentially significant impact. According to MM 3.10/1.0 of the East Dublin SP EIR, an acoustical study must be prepared to show how interior noise levels must be reduced to CNEL of 45 dBA. For exposure to traffic noise, the Dublin General Plan establishes a CNEL of 60dB or less as normally acceptable and 61-70 dB as conditionally acceptable for residential uses. Conditionally acceptable exposure requires noise insulation features in building design. Historically,the City has applied a CNEL of 65dB or less as a goal for outdoor use areas such as private balconies,backyards and common outdoor use areas. The project proposes the construction of an 8-foot tall solid wall along the Tassajara Road frontage to reduce noise levels in private backyards. To ensure that an exterior noise level of 65dB or less is achieved, adherence to the following mitigation measure will reduce any potential impact to a less-than-significant level: Mitigation Measure NOISE-1. An acoustic consultant acceptable to the City of Dublin Community Development Director shall review final grading and design plans prior to issuance of a building permit to ensure: a) The exact height, iength,location and design of the barrier wall shall be sufficient to reduce noise in active outdoor use areas to a CNEL of 65 dBA or less. � b) Window, door and exterior wall designs are sufficient to reduce interior noise to a CNEL of 45 dBA or less. Noise from Adiacent Quarry Lane School.Proposed residents would be exposed to noise from school activities such as the sound of children playing outdoors from Quarry Lane School,north of the site.During the site visit sounds of children playing at the fenced in play area toward the east end of the project site was documented. Based on those measurements, the noise from these activities would „�,;�, City of Dublin Page 58 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project not exceed a CNEL of 60 dBA under a "worst case" scenario when children were � playing outdoors continuously from 7 am to 7 pm. Although the sounds of children playing would be clearly audible, they would not exceed the City's Noise Element standard of CNEL 60 dBA. Therefore, this is considered less than significant.Although no mitigation is required,it is recommended that future prospective homeowners be made aware of the presence of the school play areas and associated noises of children playing. Parks Reserve Forces Training Area (Parks RFTA) and Alameda County 1ai1 and Sheriffs Office Training Fa_cilitv. Activities at Parks RFTA that generate noise include weapons training and helicopter overflights. At the Alameda County facility there are small arms firing ranges and"scenario village" for police training involving simulated enforcement and hostage situations. According to the East Dublin Specific Plan DEIR(Impact IM 3.10/D) noise from these activities have the potentiai to significantly impact the specific plan azea and as a result, the DEIR identified mitigation measure MM 3.10/3.0 which required an acoustical study be prepared prior to future development in areas potentially affected by this noise. The project site is located in one of those areas. The completion of the RGD fulfills this Mitigation Measure with the finding of no significant impact. b) Exposure of people to excessive groundborne vtbration or groundborne noise levels? LS. The project does not include ground vibration sources that would affect the neighboring land uses. Construction equipment can generate potentially noticeable ground vibration.However, the distance between the project site and the nearest buildings (at Quarry Lane School)is 28 feet, and ground vibration from sources such as bulldozers and vibratory rollers would attenuate sufficiently with this distance to a level that could be occasionally noticeable but would not represent a significant risk for damage to existing siructures. This impact would be less-than-significant. c,d) Substantial permanent or temporary increases in permanent in ambienf noise levels? NNI. Fufiure residential development on the site could cause a temporary increase in ambient noise levels as a result of construction activities, including but not limited to demolition of the existing structure, site grading and preparation, and construction of dwellings and related site improvements.The Eastern Dublin EIR includes Mitigation Measures 3.10/4.0 and 5.0 to reduce construction noise impacts to a level of insignificance through preparation and submittal of Construction Noise Management Plans to ensure compliance with local noise standazds. Development on the project site must adhere to the Eastern Dublin Mitigation Measures cited above and there will be no new or rnore severe significant temporary noise impacts from construction activities than previvusly analyzed in the Eastern Dublin EIR and no additional anaiysis is required. For potenfiial permanent increases in noise levels, see item "a", above. City of Dublin Page 59 �'' Revised& Recirculated Initial Study/MND October 2016 '""� Wanmei Properties Project � e,f) Be located within an airport land use plan area, within two miles of a public or private airport or airstrip? NNI. The project site lies outside of the Airport Influence Area (AIA) of Livermore Municipal Airport(see Figure 3-1,Livermore Municipal Airport. Land Use Compatibility Plan, County of Alameda,August 2012). As noted in the Eastern Dublin EIR,the 60 CNEL noise contour from the Livermore Municipal Airport does not extend into the Eastern Extended Planning area. No new or more significant severe impacts would occur with respect to this topic than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. 13. Population and Housing Project Impacts a) Induce substantial population growth in an area,either directly or indirectly?NNI. The project site has been planned to accommodate the proposed level of residential uses included in this project, as documented in the Dublin General Plan and Eastern Dublin Specific Plan.No substantial population growth would be induced in this portion of Dublin.No new or more severe significant impacts are anticipated with respect to this topic than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. b,c) Would the project displace substantial numbers of existing housing units or people , requiring replacement housing? NI. Although a single-family dwelling exists on ��� the site and would be removed to accommodate project improvements. removal of the residence would not displace a substantial number of dwellings or population and no impact would result. 14. Public Services Environmental Im�acts a) Fire protection?NNI.The City of Dublin contracts with the Alameda County Fire Department for fire suppression, emergency medical, rescue and fire inspection services. Additional housing constructed as part of the project could result in an increase in the number of calls for emergency services. The potential for increases in such calls have been analyzed in the Eastern Dublin EIR. Identified impacts to the provision of fire service were reduced to a less-than- significant level in the Eastern Dublin EIR by adherence to Mitigation Measures 3.4/6.0 through 11.0.These measures require the timing of facilities to coincide with new service demand from development; establishment of appropriate funding mechanisms to cover up-front costs of capital fire improvements; acquisition of future fire stations in Eastern Dublin; and incorporation of Fire Department safety recommendations into the design of all future individual development projects in Eastern Dublin. � �,,, Ciry of Dublin Page 60 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project Future residential development in the Eastern Extended Planning Area, � including the proposed project,is subject to the above Mitigation Measures to ` reduce fire service impacts to a less-than-significant level. Future site-specific developments are also required to pay City of Dublin fire impact fees,which include funds to construct new local fire facilities. A representative of the Alameda County Fire Department has reviewed this proposed project and has found that no new or expanded fire facilities would be required to serve the additional population included in the proposed project (Bonnie Terra, ACFD, 9/16/14). No new or substantially more severe significant impacts would result from the proposed project than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. b) Police protection? NNI. Similar to fire service, there would likely be an increase in the number of calls for service to the Dublin Police Department based on an increase in residential development. The 1993 Eastern Dublin EIR included Mitigation Measure 3.4/1.0 that provides additional personnel and facilities and revisions to police beats as necessary in order to establish and maintain City standards for police protection service in Eastern Dublin. Mitigation Measures 3.4/3.0-5.0 reduced impacts to the Police Department by requiring incorporation of safety measures into the requirements of fuhzre development projects, appropriate budgeting of police services by the City and police review of individual development projects in the Eastern Dublin area. These mitigation measures continue to � apply to this development project. A representative from the Dublin Police Department has review the proposed project and found that no new or more significant severe impacts would result • from project approval and construction(Capt. Tom McCarthy, 9/12/14). No new or nnore significant severe impacts would result from the proposed project. c) Schools? LS. Public educational services in Dublin are provided by the Dublin Unified School District. The District maintains a number of K-12 schools throughout Dublin. There are also a number of private educational facilities in the community. Future dwellings included in the project were anticipated in the Eastern Dublin EIR and would generate additional school-aged children that would need to be accommodated by local schools,however new residential development is subject to statutory school impact fees which will provide for new public educational facilities in the community. Therefore, impacts to schools are anticipated to be less-than-significant. d) Maintenance of public facilities, including roads? LS. Any new public facilities that would be constructed as part of the project wouid be constructed to City standard so that a less than-significant impact would occur. The project roadway would be a private facility and would not require City maintenance. e) Solid waste generation? LS. See item 17(f-g),below. City of Dublin Page 61 Revised& Recirculated Initial Study/MND October 20i6 Wanmei Prope�ties Project � ��� � 15. Recreation Pro�,ect Impacts a) Would the project increase the use of existing neighborhood or regional parks?NNI. New dwellings built as a result of the proposed project would require new or expanded parks in order to maintain the Cifiy's park goal. City park goals are to provide a total of 5 usable acres of parkland per 1,000 residents,which includes 3.5 acres of larger community parks per 1,000 residents and 1.5 acres of smaller neighborhood parks and squares per 1,000 residents. The City also encourages development o#an integrated trail network and other open spaces which are not included in the park ratio goals (source: City of Dublin Parks and Recreation Master Plan, 2012). The City of Dublin requires housing developers to either dedicate parkland to the City to meet City goals or pay an in-lieu public facility fee that includes funding to allow the City to purchase parkland. Potential impacts with respect to increased demand for park facilities as a result of residential construction were analyzed in the Eastern Dublin EIR. Impact 3.4/K identified a potentially significant impact with demand for increased park facilities as a result of buildout of the Eastern Dublin Specific Plan area. A number of Mitigation Measures were included in the EIR to reduce this impact to a less-than-significant impact. Specifically,Mitigation Measures 3.4/20.0 through 28.0 addressed park mitigations. These measures called for the acquisition and development of additional parks in the Eastern Extended Planning Area, establishment of a continuous open space network that includes nahxral open spaces, and required preparation of a Parks and Recreation Master �`. - Plan. As allowed by City regulations, the applicant has proposed to pay park in-lieu fees to the City of Dublin to satisfy park dedication requirements. No new or more severe significant impacts would result with respect to this topic that has not been previously analyzed. b) Does the project include recreational facilities or require the construction of recreational facilities?I�TNI. The proposed project does not include recreational facilities although additional park and recreation facilities would be required to serve the increased population as a result of residential construction. A bike lane would be installed along the project frontage, although this would be an off-site improvement. The applicant has proposed to pay in-lieu fees to the City of Dublin instead of constructing on-site recreational facilities as allowed by City ordinance. No new or more severe significant impacts would result with respect to this topic that has not been previously analyzed. 16. Transportation/Traffic Project Im�acts a,b) Cause an increase in traffic which is substantial relative to existing traffic load and street;or exceed LOS standards established by the County CMA for designated roads? �;�� Ciry of Dublin Page 62 , Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project NNI. There would likely be increases in traffic on local roads, regional roads � and freeways as a result of approving and constructing the proposed project. Impacts of local and regional traffic from residential development have been analyzed in the prior Eastern Dublin EIlZ .Many impacts related to transportation and traffic can be mitigated to a less-than-significant level by construction of roadway and other transportation improvements;however, as noted below, a number of transportation impacts have been determined to be significant and unavoidable in the Eastern Dublin EIR. Impacts and mitigations from the Eastern Dublin EIR dealing with traffic and transportation include: • Mitigation Measures 3.3/1.0 and 3.3/4.0 were adopted which reduced impacts on I-580 between Tassajara Road and Fallon Road and on I-680 north of I-580 to a level of insignificance (Impact 3.3/A and D). • Mitigation Measures 3.3/2.0,2.1, 3.0 and 5.0 were adopted to reduce impacts on the remaining I-580 freeway segments and the I-580/680 interchange (Impacts 3.3/B, C and E). Even with mitigations,however, significant cumulative impacts remained on I-580 freeway segments between I-680 and Dougherty Road and, at the build-out scenario of 2010, on other segments of I-580 (Impact 3.3/B and E) and this ixnpact was included in the Statement of Overriding Considerations (City Council Resolution No. 53-93). � • Mitigation Measures 3.3/6.0, 7.0, 8.0, 9.0, 21.0 and 12.0 were adopted to reduce impacts to the Dougherty Road/Dublin Boulevard, Hacienda Drive/I-580 Eastbound Freeway Ramps, Tassajara Road/ I-580 Westbound Freeway Ramps, Santa Rita Road/I-580 Eastbound Freeway Ramps, Airway Boulevard/I-580 Westbound Freeway Ramps and along El Charro Road to a level of insignificance. These mitigations include conshuction of additional lanes at intersections, coordination with Caltrans and the neighboring cities of Pleasanton and Livermore to restripe, widen or modify on-ramps and off-ramps and interchange intersections, and coordination with Caltrans to modify certain interchanges.Development projects within the Eastern Dublin Specific Plan area are also required to contribute a proportionate share to the multi-jurisdictional improvements through the Eastern Dublin Traffic Impact Fee program and the Tri-Valley Transportation Development Fee program (Impacts 3.3/F, G, H I, K and L). • Mitigation Measures 3.3/13.0 and 14.0 were adopted to reduce cumulative impacts on identified intersections with Dublin Boulevard and Tassajara Road (Impact 3.3/M and N). The identified improvements reduced Tassajara Road impacts to less than significant but Dublin Boulevard impacts remained significant and unavoidable due to road widening limitations. The impact at the Dublin Boulevard intersection was included in the Statement of Overriding Considerations (City Council Resolution No. 53-93). City of Dublin Page 63 � Revised& Recirculated Initial Study/MND October 2016 � Wanmei Properties Project � • Mitigation Measures 3.3/15.0 to 15.3, 16.0 and 16.1 generally require coordination with transit providers to extend transit services and coincide pedestrian and bicycle paths with signals at major street crossings(Impact 3.3/O and P).These mitigations reduced the impacts to less-than- significant. Construction of the proposed project would generate an estimated 15 a.m.peak hour trips, l9 p.m. peak hour firips and a total of 175 trips as shown on Table 2. This estimate is likely conservative in tha#no deductions are taken for existing trips to and from the project site. According to the City's lxaffic engineer, this amount of project traffic would not generate a significant near-term or cumulative traffic impact on local roads, regional roads or freeways (Obaid Khan, Traffic Engineer, City of Dublin 10/13/14) � Table 2. Project Trip Generation No.Dwellings A.M Peak P.M Peak Total Daily ' Tri s Tri s Tri s Proposed 19 15 19 175 Develo ment Note:Trip rates based on ITE Trip Generation Manual, 9�'edition Based on the above, there would be no new or more severe significant impacts with respect to traffic increases on local or regional roads, or Alameda County ` Congestion Management Agency (CMA)roads than previously analyzed in the Eastern Dublin EIR. No additional analysis is required. c) Result in a change of air traffic patterns? NTTI.The proposed project would have no impact on air traffic patterns, since it involves a residential subdivision in Eastern Dublin. d) Substantially increase hazards due to a design feature or incompatible use?LS. Proposed subdivision improvements have been reviewed by the City of Dublin staff to ensure that City public works and engineering standards are met and no traffic or transportation design hazards would be created. This would be a less-than-significant impact. e) Result in inadequate emergency access?NNI. Result in inadequate emergency access? 1VNI.No impacts would occur with regard to emergency access. Residential development would be on lands planned for urban development and subject to City design standards for streets, fire and emergenc�access and other improvements. The proposed project has been reviewed by the Dublin Public Works Department and the Alameda County Fire Department to ensure that adequate emergency access is provided. The road system for the proposed subdivision has been reviewed by the Alameda County Fire Deparhnent staff for consistency with Fire Department normal and emergency access. The Fire � `�,;..�� City of Dublin Page 64 Revised& Recirculated initial Study/MND October 2016 Wanmei Properties Project De�artment confirms that the design of the�roposed��ect road is consistent with,fire � access road requirements (Darrell Tones Alameda Coun e Fire Department 6/23/16) f) Conflict with adopted poiicies,plans or programs supporting alternative transportation modes?NNI. The proposed project has been reviewed by the City of Dublin Public Works Departrnent to ensure the installation of sidewalks along adjacent roads, a bike lane along the project frontage and transit stops (as appropriate and as approved by the local transit agency). On-site bicycle parking would be aliowed within private garages attached to each dwelling. Therefore,no impacts would result in terms of conflicts with policies, plans or programs supporting alternative transportation modes. 17. Utilities and Service Systems Project Im�acts a) Exceed wastewater treatment requirements of the RWQCB? NNi. Potentially significant impacts related to wastewater treatrnent capacity and consistency with Regional Water Quality Control Board (RWQCB) requirements were analyzed in the 1993 Eastern Dublin EIR and Impacts IM 3.5/A through E and G generally addressed the then lack of a wastewater service provider as well as lack of a collection, treatment and disposal system. These impacts were reduced to a less-than-significant level by adherence to Mitigation Measures 3.5/1.Oa to 9.0 and 11.0 through 14.0 that required development of adequate wastewater services and adherence to the Dublin San Ramon Services DistricYs � Master Plan to upgrade the RWCQB-permitted capacity to accommodate •=�� planned growth in the Eastern Extended Planning Area. In terms of this proposal, a staff representative from the Dublin San Ramon Services District(DSRSD) notes that the District has assumed residential development on the project site for long-term master planning for wastewater treatment and disposal services (Stan KoIodzie,DSRSD, 9/17/14).Therefore, wastewater discharge requirements of the Regional Water Quality Control Boazd would not be exceeded and no new or more significant severe impacts would be created than previously analyzed in the Eastern Dublin EIR and no additional analysis is required. b) Require new water or wastewater treatment facilities or expansion of existing facilities? NNI. The Eastern Dublin Specific Plan requires the extension of both water and wastewater improvements to serve future development proposed within Eastern Dublin. A representative from DSRSD notes that the District has assumed development of 20 units on this site and that the District can provide water and waste water facilities without new or expanded facilities (Stan Kolodzie,DSRSD, 9/17/14). No new or more severe significant impacts would result with respect to this topic that has not been previously analyzed in the Eastern Dublin EIR and no additional analysis is required City of Dublin Page 65 � Revised& Recirculated Initial Study/MND October 2016 Wanmei P�operties Project �' c) Require new storm drainage facilities or expansion of existing facilities?NNI See '�t��` Hydrology section, 9(c, d, and e). d) Are sufficient water supplies avaiiable? NNI.The issue of an adequate long-term water supply for the Eastern Extended Planning Area was analyzed in the Eastern Dublin EIR. Impact 3.5/Q identified a potentially significant impact with an increased demand for water. The Eastern Dublin EIIZ included Mitigation Measures 3.5/26.0 to 31.0 to reduce this impact to a less-than- significant level. These measures required imposition of water conservation techniques, implementation of water recycling and adding water supply improvements. The primary "retail" supplier of water in Dublin,Dublin San Ramon Services District (DSRSD),prepared a comprehensive update to their Urban Water Management Plan in 2010 to indicate that future site-specific development projects included in the Dublin General Plan could be supplied with an adequate amount of water. DSRSD has also commenced construction of a recycled(reclaimed) water supply system in the Eastern Dublin area that would supply non-potable irrigation water for future developments in the City of Dublin. Consistent with DSRSD's utility master planning through its Urban Water Management Plan that anticipated development of the project site,the District has indicated that a sufficient long-term supply of water can be provided to the � site as cited above. Future dwellings constructed as part of the project mat be subject to water limitations based on future drought conditions, similar to all other DSRSD water users. No new or more severe significant impacts would result with respect to this topic that has not been previously analyzed in the Eastern Dublin EIlZ and no additional analysis is required. � e) Adequate wastewater capacity to serve the proposed project?NNI. See item "a," above. f,g) Solid waste disposal?NNI. Solid waste generation and disposal was found to be a potentially significant impact in the 1993 Eastern Dubiin EIR (see Impact 3.4/O and P).Adherence to Mitigation Measures 3.7/37.0 through 40 reduced this impact to a less-than-significant level.These measures required preparation of a solid waste management lan and updating of the City's Source Reduction and Recycling Element�Household Hazardous Waste Element. There would be no new or more severe significant impacts related to solid waste disposal than identified in the prior EIR and no additional analysis is required �. City of Dublin Page 66 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Projec# 18. Mandatory Findings of Significance � a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eiiminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No. The preceding analysis indicates that the proposed project would not have a significant adverse impact on biological or culiural resources or have the potential to restrict the range of rare or endangered species,beyond impacts identified in the Eastern Dublin EIR. b) Does the project hctve impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in cortnection with the effects of past projects, the effects of other current projects and the effects of probable future projects). No, cumulative impacts of the proposed project have been analyzed in a prior EIR as identified in the Earlier Analysis section of this Initial Study. c) Does the project have environmental effects which will cause substantial adverse effects on humun beings, either directly or indirectly? No.Based on the preceding Initial Study,no substantial effects to human beings, either directly or indirectly have been identified beyond those in the prior EIR ; • City of Dublin Page 67 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � "�`��' Initial Study Prepaarers Jerry Haag, Urban Planner, project manager and principal author Tom Fraser, WRA, biological peer review Jane Maxwell, reporfi graphics Agencies and Organizations Consulted The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin Luke Sims, Community Development Director Jeff Baker, Assistant Community Development Director Marnie Delgado, Senior Planner Obaid Khan, City Transportation Engineer Bonnie Terra,Alameda County Fire Departrnent Darrell jones,Alameda Coun� Fire Department Jayson Imai, Senior Civil Engineer Kit Faubion,Assistant City Attorney Chief Tom McCarthy,Dublin Police Services (former) , California Department of Toxic Substances Control (DTSC) �:.., Website DSRSD Stan Kolozdie Zone 7 Elke Rank , References Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report(SCH # 91103064, May 10, 1993). Eastern Dublin Scenic Corridor Policies and Standards,June 1996 Eastern Dublin Com�rehensive Stream Restoration Program, City of Dublin, June 1996 Municival Code, City of Dublin Dublin General Plan, updated through November 2014 � Eastern Dublin Specific Plan, updated through October 2014 � City of Dublin Page 68 Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � Bay Area Air Qualit.y Mana�ement District's Clean Air Plan,September 15, 2010 Eastern Alameda Countv Conservation Strategy (EACCS), October 2010 California Departrnent of Toxic Substances Control, website,July 2014 Parks and Recreation Master Plan, City of Dublin, 2012 update Dublin San Ramon Services District,Urban Water Management Plan,2010 Update Urban Wildfire Management Plan, City of Dublin, November 2010 6237 Tassajara Road Biological Resources Peer Review, WRA, October 2014 • City of Dublin Page 69 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project � . Attachment 1- � ' 1 ical Re ort B�o og p Peer Review Report Golden Eagle Report �,, City of Dublin Page 70 Revised & Recirculated lnitial StudyJMND October 2016 Wanmei Properties Project � � [� A I LSn pS50CIA'i'ES; .;, DL•RI:EL�. FRESNO RIVERSIDE J �` 157 1'ARK PLACF 510.236.6810 TEL CARLSBAD IRVIkE ROCKLIN 1•T, RIC1iMONp� CALIFORNIA 94601 510.256.3480 FAX FORT COLI.INS pALA! SPRINCS SAN LU1S OBISpO . � I January 15,2014 I � Mr.Dennis Liu Wanmei Properties,LLC 520 Mill Creek Road Fremont,CA 94539 Subject: Biological Resources Report for the 6237 Tassajara Road Property Dublin,Alameda County,California Dear Mr.Liu: LSA Associetes,Inc.(ISA)has completed a reconnaissance-level biological survey of your 2.64-acre property(site)and adjacent stream corridor at 6237 Tassajara Road in the City of Dublin(City).The I purpose of tiie survey was to document existing biological resources on and adjacent to the site for purposes of deternuning applicability of local stream protection policies to any future development. i This report includes(1)a brief description of existing habitat conditions on and adjacent to the site (i.e.,stream corridor),(2)an overview of the conservation purposes of the adjacent Northern Drainage Conservation Area and how they could affect site development,(3)an overview of City policies regarding stream setbacks and how they could be applied to the site,and(4)an overview of the East Alameda County Conservation Stratcgy(EACCS)and its potential application to site development. I EXISTING CONDITIONS LSA wildlife biologist Matt Ricketts visited the site and adjacent stream corridor on November 14, I 2013.Mr.Ricketts recorded observations of plant and wildlife species on the sitc and along the I adjaCent stream corridor into a field notebook and noted the condition of the existing chain-link fcnce � along the southern site boundary.Obseiwations froin each area are summarized below. 6237 Tassajara Road Property The entire site has been deve]oped and cturentl serves as a stora e ard for old vehicles and o er I Y g Y th equipment,and landscape contractor yard.With the exception of a few ovalnut(Juglans sp.)and i almond(Prunus sp.)trees(i.e.,ornamental and/or remnant orchard trees)and weedy vegetarion growing in the southwest corner,the site is devoid of vegetation due to development.Tl�e empty iot at the southwestern corner of the site supports scattered annual grasses and ruderal herbaceous species such as wild oat(Avena fatun),ripgut brome(Bron:us diandrus),bristly ox-tongue(Helminthotheca I echioides),and cheeseweed(Malva pc��vi,flora).A few native California poppies(Eschscholzia � califo�nica)are also present.A 6-foot-high chain link fence with a 3.5-foot-high sheet metal barrier � along its base extends along the southern site boundaiy.The sheet metal barrier was specifically � installed to prevent aninlals from moving from the adjacent Northern Drainage Conservation Area j (see below)stream corridor onto the site(Cathy Little,pers.comm.). 1'�ECEIVED y I 1/!5/14(P:\WMP1301�G237 Tassajara Bio Rpt-v2.doc) A9AY 21�2014 ' � � . DUBLIN PLANNING � MLANNINC I BNYIRONIIENTAI.SCIENCLS � UP.SION • l i .. LbA A550CIATES, INC. I � � I Wildlife species expected to occur on the site include common rural-adapted species such as Sierran I treefrog(Pseudacris sierra),westeni fence tizard(Sceloporus occidei�lalis),mourning dove(Zenaida � macroura),western scrub jay(Aphelocorna ca�ifornica),American crow(Corvirs brachyrizynchos), � northern mockingbird(Mimus polyglo�tos),and house finch(Carpodacus mexicanus).The I omamental trees provide nesting habitat for common bird species.Common mammals such as Botta's I pocket gopher(Thomomys bottae),striped skunk(Mephitis mephitis),northem raccoon(Procyon lotor),Virginia opossum(Didelphis virginiana),roof rat(Rattus rattus),and house mouse(Mus � musculus)are also likely to occur. ' No wetlands or other features potentially subject to regulatory jurisdiction(e.g.,U.S.Army Corps of Engineers[Corps]under the federal Clean Water Act)are present on the site. Stream Corridor The site is located immediately north of a stream channel that is located within the 267-acre Northem Drainage Conservation Area unit of the Dublin Ranch Preserve,managed by the Center for Natural Lands Management(CNLM).The 717-acre preserve was established in 2010 as mirigation for the nearby Dublin Ranch development project(see below).The stream is an unnamed tributary to Tassajara Creek,which flows to the west of the site.Woody vegetation along the approximately 880- foot channel section that parallels the southem site boundary consists of native species that heve been planted as mitigation for the nearby Dublin Rancl�development.The upper portions of the channel bank supports remnant orchard tree snags likely retained as habitat for cavity-nesting birds,planted valley oak(Que►�cus lobata)saplings,and coyote brush(Baccharis pilularis)shrubs.Native riparian tree and shrub species planted on the lower bank and adjacent to the channel inctude box elder(Acer t negundo),Fremont cottonwood(Populus fremontii�,arroyo willow(Salix lasiolepis),poison oak `�✓ (Toxicodendron diversilobum),and California rose(Rosa californica). I Wildlife observed along the stream channel include Nuttall's Woodpecker(Picoides nuttalli),red- breasted sapsucker(Sphyrapicus ruber)(holes),black pkioebe(Sayorrris nigricmrs),bushtit i (Psaltriparus minimus),mourning dove,western scrub jay,northern mockingbird,and house finch. I The inereased shuctural diversity of the riparian trees and shrubs pi•ovides foraging and nesting habitat for additional bird species such as westem blucbird(Sialia n�exicana),spotted towhce(Pipilo maculatus),song sparrow(Melospiza melodia),and American goldfinch(Sptnus lrisiis).The increased ground cover provides cover and foraging habitat for amphibians and reptiles such as California slender salamander(Batracl:aseps at[enuattas),arboreal salamander(Aneides lugubris), i westem toad(Anaxyrus boreas),racer(Co�uber co»strictor),gopher snake(Piluophis catenifer),and common garter snake(Thamnophis catenifer).In addition to the mammal species identified above, � the stream con-idor provides habitat for species such as deer mouse(Peror»yscus maniculatus), I California vole(Microtus californicus),desert eottontail(S�lvilagus auc�ubonii),black-tailed t jacla�abbit(Lepus californicus),mule deer(Odocoileus hemionus),and coyote(Ca�ris latra�s), ' I . LOCAL POLICIES AFFECTING SITE DEVELOPMENT � Northern Drainage Conservation Area—Dublin Ranch Prese�we , As mentioned above,the site abuts the Northern Drainage Conservation Area(NDCA)u�1i#o£the � Dublin Ranch Preserve(preserve)to the south.The preserve was established in 2010 and is currently managed by the CNLM as habitat for the following specia]-stat«s species: i I I � I/IS/14(P:\WMP1301W337 Tusajnr�Bio Rpt-v2.doc) 2 � i I i • LSA ASSOCIATCS, INC. � I • California red-]egged&og(Raaia draytonii)—listed as threatened under federal Endangered i Species Act(ESA) • California tiger salamander(A�nbysto�na californiense)—listed as threatened under federa]ESA and California Endangered Species Act(CESA) • Golden eagle(AquiJa chrysaetos)—California Fully Protected Species • Burrowing ow1 (Athene curticula�za)—California Species of 5pecial Concern • San Joaquin kit fox(Yulpes inacrotis rnutica)—listed as endangered under federa]ESA and threatened under CESA Based on LSA's experience in the Dublin-San Ramon region,these species are the primary ones of concem to the U.S. Fish and Wildlife Service(USFWS),California Depaitment of Fish and VJildlife (CDFW),and local municipalities when evaluating potential development impacts on biological resources. None of these species are expected to occw on the site due to past and ongoing disturbance and consequent lack of habitat.California red-legged frogs{CRLF)are known to occur in the NDCA(H.T.Harvey&Associates 2001,LSA 2013)and could potentially move and forage along � the adjacent stream corridor,but would be prevented from moving onto the site by the sheet metal I barrier at the base of the fence that parallels the southem site boundary.The stream corridor and � annua]grasslands to the east are known to support CTS which potentially move through the area.The only location where they could enter the site is along its east boundary,which does not have a complete barrier fence.The NDCA has supported nesting golden eagles in most years since at least the]ate 1980s and possibly even longer(H,T.Harvey Associates 2000).The cwrent nest site is located approximately 0.75 mile northeast of the site but is far enough away that site development would not result in significant disturbance of d�e nesring pair.Burrowing owls somerimes occur on developed sites but LSA did not observe any ground squirre]burrows or burrow surrogates on the site during its November 14 site visit. j Implications for Site Development.The presence of the NDCA immediately adjacent to the 6237 j Tassajara Road site has several implications for any future development.Based on a phone { conversation with LSA,preserve manager Cathy Little from the CNLM has the following concems � regarding development of the site: • Potential sedimentation and hydrological impacts to the uiuiamed Tassajara Creek tributary. • Potential impacts to amphibians and reptiles using the adjacent stream corridor. I • Maintaining the existing chain link fence and sheet metal wildlife movement barrier in its current location. I • Currently,the sheet metal barrier ends at the southeastern corner of the site.The CNLM would � like to see the barrier extended to tl�e northeastem corner of the site to provide additivnal assurance that terrestrial wildlife cannot enter the site. I I LSA believes that potential sedimentation and hydrology impacts can be addressed tl�rough the I implementation of erosion control Best Management Practices(BMPs).All Califomia construction projects disturbing one or more acres of soi]are required to obtain coverage under the General Permit � for Discharges of Stom�Water Associated with Construction Acrivity(Constn�ction General Permit), � which requires the development and implementation of a Stormwater Pollution Prevention Plan I Il15/14(P:1WMP13011G?37 T•ruajara Dio Rpt-v2,doc) 3 i � LSA ASSOGIATFS. !N0. � � � I (SWPPP)that lists BMPs the discharger will use to protect stozm water runoff and the placement of I those BMPs.The statewide Consttuction Storm Water program is administered by the Regional � Water Quality Control Board(RWQCB). Potential impacts to amphibians and reptiles using the adjacent stream corridor can be avoided by not � damaging the existing sheet metal barrier during and after construction. I City of Dnblin Policies I Eastern publin Specific Plan.The Eastern Dublin Comprehensive Stream Restorarion Program � (Progiam)was adopted by the City in June 2006 as required by the Eastern Dublin Specific Plan (Specific Plan).Re.storation goals contained in the Program are based on policies in the Specific Plan document.Thc City is responsible for enforcing the Program policies and guidelines for all Eastern Dublin rezoning and tentative map applications.Development setbacks for tributaries to Tassajara Creek are discussed in Program guideline 6.1 (Creek Set Backs a�zd Bs�er Confrguration),which states,"In general,setbacks should be 100 feet from the existing top of bank for major tributarics � according to California Department of Fish and[Wildlife]standards,unless an exception is � negotiated with the Deparhnent.Setbacks for the minor tributaries...should be a minimum of 50 feet..."The Program defines minor tributaries as"grassy swales not supporting shrub and tree vegetation,"and major hibutaries as those that are"deeply incised,and support a dense canopy of shrubs and trees."The tributary stream south of the site is not a grassy swale(although the southern bank consists primarily of open grassland)but is not deeply incised and the vegetation along the northern bank ranges from somewhat open to moderate canopy.Nevertheless,the presence of narive riparian vegetation likely qualifies the stream as a major tributary.The Program also states that "biological setback requirements for the major tributaries in the northeastem portion of the study area i `��° [in which the site is located)should be a minimum of 100 feet from top of bank."However, "recommended minimum setbacks may be altered where prevailing conditions warrant a different � approach."Tl�e City also acla�owledged that"the Program's recommended setbacks may be flexible and negotiable depending on the results of detailed biological and hydrological studies submitted with PD rezone,tentative map and final map applications"when responding to a July 15, 19961etter from ; MacKay&Somps expressing concems about the recently adopted Program.City plaru�er Marnie � Delgado indicated the same(i.e.,flexibility allowed in strean�setbacks)in a phone conversation with i LSA on October 29,2013. � Program guideline b.9(Lighting in Habitat.4reas)is primarily intended for trail planning but,given � the site's proximity to a stream corridor supporting high-quality wildlife habitat(riparian trees and J shrubs),the City may require sin�ilar lighting requirements for any new development.Specifically, I the Program indicates that"lighting in habitat areas should Ue avoided wherever possible because lighting has a detrimental effect on certain wildlife species."For trail segments with lighting situated within 50 feet of wildlife habitat,"low elevation light poles,low intensity street lights and shielding the intemal silvering of the globe or use of extemal opaque reflectors to direct light at the ground ! should be employed to prevent adverse impacts to wildlife:' i i Dublin Munieipal Code.Stream setbacks are addressed in Chapter 7.20,Article III of the City's � Municipal Code(Code),which was adopted as a result of Ordinance 52-87. Section 7.20.220 states, I "the purpose of setbacks is to safeguard watercourses by preventing activities that would contrbute significantly to flooding,erosion,or sedimentation,would inhibit access for watercourse � maintenance,or would destroy riparian areas or inhibit their restoration.Accordingly,no � I , � �'�� 1/15114(P:\WMPI301\6237 7 assajara Bio Rpt-v2.doc) 4 � � i t LSA ASSOCIATBS, INC. development shall be permitted within setbacks except as otherwise provided herein."Although the Code does not provide specific setback distances,it defines the Director of Public Works as the primary City staff inember responsible for permitting limited development within setbacks and � determining setback limits.Section 70.20.230 states that the Director of Public Works"may grant a permit for[limited development within a setback]provided that the above specified purpose would be satisfied.In such cases,the pertnit applicant shall submit sufficiently detailed plans and specifications,and any additional material required by the Director of Public Works,to demonstrate that a proposed development adjacent to an open channel watercourse would meet the requirements." Implications for Sjte Development.Restoration goals and policies of the above-described Progi�am indicate that 100 feet is the standard setback limit for development adjacent to open watercourses. Development of the 6237 Tassajara Road site occurred before implementation of the East Dublin Specific Plan and resulting Program,since the distance between the existing southem site boundary and top of bank of the adjacent tributary chaime]varies from 0 to 30 feet(LSA obs.).However,given that the site is highly disturbed and was developed prior to establishment of stream setbacks by the City,it is LSA's professional opinion that further development of thc site within 100 fect of top of bank would not result in significant impacts to existing biological resources of the stream corridor provided that construction is confined to the existing disturbed area and the existing chain linlc fence with sheet metal barrier is retained and protected during and after construction.LSA recommends that tha fence be ident�ed in future project plans as an"Environmentally Sensitive Area"(ESA)feature tt�at should be avoided during conshvction. Lighting associated with any new development could adversely affect wildlife habitat quality of the adjacent stream corridor.In addition to City guidelines in the Program,LSA recommends that any lighting shvetures within 50 feet of the stream conidor be directed away from the corridor. Construction of walls and other structures and/or planting of vegetation to shield the stream corridor against light(Gaston et al.2012)could also be effective in reducing light trespass onto adjacent + wildlife habitat. East Alameda County Conservatfon Strategy The East Alameda County Conservation Strategy(EACCS)is a collaborative document developed by multiple federal,State,and local entities(e.g.,Alameda County,East Bay Regional Park District, I RWQCB,CDFW,USFWS)that is intended to"provide an effective framework to protect,enhance, � and restore natural resourccs in eastem Alameda County,while improving and streamlining the environmental permitting process for impacts resulring from infrashucture and development projects" (ICF Intemationa12010).The EACCS enables project proponents to comply with federa]and State regulatory requirements within a framework of comprehensive conservation goals and objectives by implementing standardized mitigation requirements.Although the EACCS does not directly result in ; pernvts from eny regulatory agencies,the standardized avoidance,minimization,and mirigation I measures for species and natural communities provides more certainty for project proponents and ; local agencies of regulatory expectations and costs.l7iis approach is expected to streamline the i environmental permitting process,reducing the overall cost of environmental peiYnitting and ! consolidating mitigation.The EACCS addresses 19 "focal species"comprised of 13 wildlife and G � plant species that meet one of the following criteria:(1)listed under the federal ESA as threatened or I endangered,or proposed for listing;(2)listed under CE3A as threatened or endangered,or proposed � for listing;(3)listed under the Native Plant Protection Act as rare;or(4)expected be listed under the ; � � j I 1/15I1�1(P:\WMP13011623?Tassajara Bio Rpt-v2.doc) 5 � I . LSA ASSOCIATES, iNC. � � federal or State ESA in the foreseeable future.The five special-status species discussed above(CRLF, CTS,burrowing owl,San Joaquin kit fox,and golden eagle)are focal species of the EACCS. Implications for Site Development.Since the entire site has been developed and provides no habitat , for any EACCS focal species,the only policy potentially applicable to site development is � Conservation Objective 10.2:"Avoid or minimize direct impacts on streams during project I construction and indirect irapacts that result from postproject activities by implementing avoidance ; measures outlined in Table 3-2 and 3-3."As]ong as development acriviries are limited to the existing I disturbed area and the exisring fence along the southem boundary is maintained,the only EA.CCS avoidance and minimization measure pertinent to the 6237 Tassajara Road site is GEN-12 from Table 3-2(see attached; Table 3-3 is not applicable to the site since it focuses on impacts to focal species). Specifically,LSA concurs that plastic mono-filament netting or similar netting material should not be used for erosion control purposes on or adjacent to d1e site. I The site is located within Conservation Zone 3(CZ-3)in the northem portion of the EACCS study ( area.Conservation priorities for CZ-3 include the following: i • Protection of CTS critica]habitat. • Protection of lrnown occurrences of Sait Joaquin spet►rscale(Atriplex joaquiniana)and surveys of other potential habitat. � • Protection of known occurrences of Congdon's tarplant(Centromadia par�yi ssp.congdonii)and surveys of other potential habitat, . Protection of knovm C1'S and CRLF breeding habitat,sufficient upland habitat surrounding those '�•-� sites,and connections between breeding and upland habitat(typically atu�ual grassland). � • Protection of CRLF critical habitat. • Protection and restoration of mixed riparia��forest and scrub and mixed willow riparian scrub aiong Tassajara,Cottonwood,and Cayetano Creeks. � Site development would not conflict with any of these conservation priorities since no habitat for San Joaquin spearscale(Califomia Rare Plant Ranlc[CRPRJ 1B species�),Congdon's tarplant(also CRPR 1 B),CTS,or CRI.F is present on the site due to its history of disturbance.The adjacent stream � corridor supports rnixed willow riparian scrub but would not be directly affected by site development. I In summary,it is LSA's professional opinion that the EACCS has]imited applicability to the site ; since its primary intent is to mitigate for projects that impact undeveloped habitat. I CONCLUSIONS ' � s Based on LSA's research on local and regional policies regarding biological resources in the site � vicinity and on adjacent preserve lands,furiire site planning should incorporate the following: � ; � �Specifll-status plants in Califonua are assigned to one of five"Rare Plant Ranks"by a collaborative group � jointly n�anaged by the CDFW and Califo�nia Native Plant Society(CNPS).Rare Plant Rank 1B species i are considered rare,dueatened,or endaugered in Califon�ia and elsewhere.Impacts to plants ranked lA, � 1B,2A,nnd 2B are typically considcred si�nificant under the California Environmental Quality Act � (CEQA),depending on the policy of the lead agency. � i i/15/14(P:\WMP1301\G237 Taasajaro Bia Rpt-r2.doc) � I . � � i �. LSA ASSOCIAI'OS. INC. � • The existing chain-link fence and sheet metal barrier that parallels the southern site boundary is II an important component of the adjacent NDCA since it prevents animals from moving onto the 1 site.The fence should remain intact during and after any future construction.In addition,the , NDCA preserve manager would like to see the fence and barrier extended from its current end at + the southeastern corner of the praperty to the northeastern corner. i I • Erosion control BMPs should be implemented along the southem site boundary during , construction to prevent excess sedimentation and construction-related runoff from entering the stream corridor. • The site is located within 50 feet of the top of bank of a major tributary to Tassajara Creek and is thus within the typical 100-foot setback prescribed by the Eastem Dublin Comprehensive Stream Restoration Program.However,as long as future development,including private or public roadways,remains within the existing disturbance footprint on the site and the barrier fence remains intact and is extended as recommended above,LSA believes that impacts to the adjacent stream corridor can be minimized or avoided. • Any proposed lighting within 50 feet of the stream corridor should be designed to minimize light trespass onto the stream corridor(e,g,,fully shielded,directed away from stream,vegetation or . � structural barrier along southern boundary). , Based on LSA's understanding,the development proposal is to establisfi a 50-foot building setback i from top of bank.Lnplementation of this measure as well as other recommendations in ttus report would minimize and/or avoid impacts to biological resources in the adjacent stream corridor.We hope the above information is useful to you for future site planning.Please call me if you havc any questions. Sincerely, � i LSA ASSOCIATES,INC. r�� � �- � � MaIcolm J. Sproul Principal Attachments: Table 3-2 from Eastem Alameda County Conservation Strategy I cc: Sophia Liu I Hayes Shair i � REFERENCES � Gaston,K.J.,T.W.Davies,J.Bem�ie,and J.Hopkins.2012.Reducing the ecological consequences of � night-time liglit pollution: options and devetopments.Joumal of Applied Ecology 49:]256— � 1266. I � ( I IlISl14(P:1WMf'1301ui2�7 Tassajo�a Bio Rpt•v2.doc) 7 � V I I � L3A ASSOCIAT85. SNC. I i `'s� � 1 H.T.Harvey&Associates.2000.Dublin Ranch Area A Golden Eagle Report.Project 555-24.April I 17. ! H.T.Harvey&Associates.2001.Dublin Ranch:2000 Special-Status Amphibian and Reptile ( Surveys.Prepared for Martin W.Inderbitzen,Pleasanton,CA.Project No.555-31.March 5. � ICF International.2410.East Alameda County Conservation Strategy.Final Draft.October.(ICF I 00906.08.)San Jose,CA.Prepared for East Alameda County Conservation Strategy Steering j Committee,Livermore,CA. � LSA Associates,Inc.(LSA).2013.Results of 2013 California Red-legged Frog Surveys:Dublin Ranch Preserve.Submitted to Center for Natural Lands Management,Temecula,CA.Project No.CNM1301. September. i � � + I I � � � � I i i � � i i ti I � i I � I !/15/14(P:1WMP130t\6237 Tnssajura Bio Rpo-v2.doc) 8 j I � :�m w ra ENVIRONMENTAL CONSULTANTS October 6, 2014 Mr. Jerry Haag Urban Planner 2029 University Avenue Berkeley, California 94704 Re: 6237 Tassajara Road Biological Resources Peer Review Dear Jerry, This letter provides a peer review of the environmental documents related to the 6237 Tassajara Road (Project Area) development project (Project) in Dublin, California. The intent of this letter is to summarize a previous environmental assessment, provide current site conditions, and address regulatory and species occurrence information in order to provide updated recommendations regarding biological resources within and adjacent to the Project Area. The updated Project layout and grading footprint are also considered in this review. The Project Area is approximately 2.64 acres located in the city of Dublin, California, at 6237 Tassajara Road, south of the Quarry Lane School and north of a stream corridor that is a � tributary of Tassajara Creek. Tassajara Road borders the site to the west and open grasslands "'�"'`` border the site to the east. These grasslands as well as the stream corridor are a part of the Northern Drainage Conservation Area (NDCA), which is a unit of the Dubiin Ranch Preserve. The Dublin Ranch Preserve was created in 2010 as mitigation for the Dublin Ranch development project and is managed by the Center for Natural Lands Management. Currently, the Project Area is used to store landscape materials and other equipment and vehicles. The Project aims to build several single family homes on the site. Previous Environmental Review A Bio�ogical Resources Report of the Project Area was completed by LSA Associates, Inc. (LSA) in January 2014. The report documented biological resources on and adjacent to the Project Area for the purposes of determining the applicability of local stream protection policies to any future development. It then discussed the biological findings in context of local policy and provided recommendations for preventing the degradation and Ioss o#sensitive biological resources. The 2094 LSA report concluded that the Project will not impact biological resources within the Project Area. The entire Project Area was developed and devoid of vegetation except for a few walnut (Jug/ans sp) trees and other ornamental species and ruderal herbaceous vegetation in the southwest corner. No wetlands or other jurisdictional water features were determined to be present. The only wildlife species expected to occur within the Project Area were urban adapted species. � 1 The LSA report stated that the Project is not anticipated to conflict with local policy priorities; ``�"""` inciuding the East Alameda County Conservation Strategy (EACCS, ICF 2010), Eastern Dublin Specific Plan (Wallace Roberts & Todd. 2010), and City of Dublin municipal codes (City of Dublin 2014), and that the current setback from the creek top of bank, deiineated by the existing chain link fence (estimated at 0 to 30 feet from the top of bank), would not impact the NDCA provided all future construction and development was confined to the existing disturbed area. The report recommended the following measures to minimize any Proje�t impacts to the NDCA: • The use of construction Best Management Pracfices(BMPs) to control erosion and runoff and prevent sedimentation and hydrological impacts into the creek and riparian vegetation. • Maintaining the chain link fence and sheet metal wildlife barrier in its current functional state to prevent small terrestrial wildlife species from entering the Project Area during !, and after construction. • Extending the chain link fence and sheet metal ba�rier along the Project Area's east edge such that the entire Project Area becomes inaccessible to small terrestrial wildlife • Lighting structures associated with the Project within 50 feet of the NDCA be directed away from the stream corridor to prevent a reduction in habitat quality, and that walls and/or planted vegetation along the boundary between the Project Area and the NDCA ! may be effective in reducing light trespass into the NDCA. • Prohibit the use of plastic mono-filament netting or similar netting material for erosion control on or adjacent to the site to prevent wildlife entanglement. � I WRA Assessment Mefhods A review of local regulations was�conducted to determine which policies apply to the Project ' area and its development. Also, a literature search was completed of the California Natural , Diversity Database (CNDDB; CDFW 2014), U.S. Fish and Wildlife Service (USFWS)quadrangle ' species lists, and other relevant literature pertaining to documented occurrences of special- ', status plant and wildlife species within 5 miles of the Project Area. A biological resources assessment site visit was conducted by WRA botanist Scott Batiuk and WRA wildlife biologist , Claire Woolf on September 3, 2014. The Project Area and surrounding areas, including the NDCA, (Study Area) were traversed on foot to determine (1) plant communities present within ' the Study Area, (2) if existing conditions provide suitable habitat for any special-status plant or wildlife species, and (3) if sensitive habitats are present in order to assess the potential for direct and indirect impacts to sensitive biological resources. Biological communities within the Project Area were documented and the extent of the riparian vegetation in the Project Area was observed. Plant and wildlife species observed during the September 3 assessment are listed in Attachment 1. Current Site Condifions The September 3, 2014 assessment conducted by WRA found conditions consistent with the �, description provided in LSA's report. The Project Area is primarily composed of ruderal ! herbaceous and developed biological communities, characterized by non-native weedy plants � such as black mustard (Brassica nigra), ripgut brome (Bromus diandrus), and milk thistle 2 (Silybum marianum). Occasional ornamental and remnant orchard trees, including cedar � (Cedrus sp.) and walnut (Jug/ans regia grafted onto Juglans hindsi►), are also present. The site is paved with compacted gravel and contains landscape materials, debris piles, and several trailers and other temporary buildings. A chain-link fence encompasses the Project Area, and along the southern boundary adjacent to the NDCA the fence contains 3-foot, partially-buried metal sheeting that serves to prevent California tiger salamander(Ambystoma califomese, CTS), California red-legged frog (Rana draytonii, CRLF), and other terrestrial wildlife from entering the Project Area from the NDCA. Portions of the Project Area boundary that do not contain the sheet metal barrier include the western edge of the Project Area along Tassajara Road, the northem boundary of the Project Area and about 100 feet along the northeast boundary abutting the grasslands within the NDCA. Califomia ground squirrels (Otospermophilus beechey�) have colonized the site, living in burrows and the debris piles within the Project Area. While the Project Area does not contain rooted riparian vegetation, the dripline of several trees along the stream corridor, including red willow (Salix laevigata) and box elder (Acer negundo), extends over the fence into the Project Area. Loca/Regulations East Dublin S,pecific Plan (EDSP) and Dublin Municipal Code (DMC) The EDSP was developed to provide a planning framework for future development and growth in a 3,300-acre area in eastern Dublin. It was initially released in 1994 and was upda#ed in 2010. The Project Area is located in the EDSP Area, and therefore, is subject to the following relevant goals, policies, and programs described in the EDSP: Goal: To protect and enhance existing biological resources in easfem Dublin � � Policy 6-10: Riparian and wetland areas shall be incorporated into greenbelt and open space areas as a means of preserving their hydrologic and habitat value. Unavoidable loss of riparian habitat due to development should be replaced with similar habitat on a 3:1 in kind basis. Loss of wetlands must be mitigated consistent with the Corps' current policy. Program 6H:The City should enact and enforce an erosion and sedimentation control ordinance establishing performance standards to ensure maintenance of water quality and protection of stream channels.The ordinance should regulate grading and development activities adjacent to streams and wetiand areas,and require revegetation of all ground disturbances immediately after construction to reduce erosion potential.Until such an ordinance is in place,the City shall require project applicants to provide a detailed erosion and sedimentation control plan as part of the project submittal. Policy 6-15:Avoid development and potentially destructive activities in areas with high-value habitat including: • northern riparian forest • arroyo willow riparian woodland • freshwater marsh Exceptions may only be granted where an owner's reasonable beneficial use of the land cannot be otherwise provided. _ � 3 ` Policy 6-20: Maintain a natural o en s ace zone i.e. no devel m P p ( , op ent)around the golden eagle nest located in the northeast corner of the planning area(see Figure 6.3 for the designated setback).Exceptions to this setback have to be approved by the USFWS based on field examinations of the site to determine what constitutes '� "harassment"of the eagles at this particular location.Construction within this protection zone will not be allowed uniess it is determined that the eagles have ceased to use the nest site for two consecutive years as verified by the USFWS. Policy 6-21: Direct disturbance or removal of trees or native vegetation cover should be minimized and should be restricted to those areas actually designated for the construction of improvements. Policy 6-22: All areas of disturbance should be revegetated as quickly as possible to prevent erosion. Native trees (preferably those species already on the site), shrubs, herbs, and grasses should be used for revegetation of areas to remain as natural open space. The introduction of non-native plant species should be avoided. Program 6L: The City shall �equire development applicants to conduct a pre- construction survey within 60 days prior to habitat modification (clearing construction and road site, etc.) to verify the presence or absence of sensitive species, especially San Joaquin kit fox, nesting raptors, red-legged frog, western pond turtle, California tiger salamander, and other species of special concern. WRA was unable to locate the Program Guideline 6.9 (Lighting in Habitat Areas) in the EDSP that was referenced in the LSA report.No additional sections of the DMC other than the stream setback guidelines listed in the LSA report were found to be relevant to biological resources for this Project. WRA agrees with the LSA report that in order to follow the program policies and guidelines in the EDSP and DMC,it is recommended that the Project avoid all impacts to vegetation and water quality along the NDCA strearn corridor,avoid the use of plastic monofilament for erosion control,and maintain and extend the chain link fence and sheet metal wildlife barrier throughout the duration of the Project and in perpetuity.WRA also agrees with LSA that the Project Area is not within the golden eagle buffer zone described in the EDSP.WRA believes LSA's arguments are valid in that the stream setback distance can be delineated by the existing fence line without additional biological impacts. However,WRA will defer to the City of Dublin planning staff to determine the appropriate creek setbacks for this Project. In addition to the LSA report,and in order to follow the guidelines in the EDCP,WRA recommends pre-construction surveys of the Project Area to verify the presence or absence of several special- status wildlife species,including burrowing owl,American badger,roosting special-status bats,and nesting birds. Burrowing owl and other special-status wildlife species are discussed further in the special-status wildlife section of this document East Alameda Countv Conservation Strateav (EACCS) In December 2010, the final draft of the EACCS was made available to local agencies looking - for guidance in conservation and mitigation practices. This document was made in consultation 4 with several prominent regulatory agencies including the USFWS, the Califo�nia Department of � Fish and Wildlife (CDFW;formerly the California Department of Fish and Game (CDFG)), and the San Francisco Regional Water Quality Control Board. Currently, the EACCS has not been formally accepted by the City of Dublin and is a non-binding document. However, it does provide up-to-date information and mitigation suggestions for focal special-status plant and wildlife species in the area, many of which must be considered for the Project, including Congdon's tarplant (Centromadia parryi ssp. congdonii), California tiger salamander (Ambysfoma californiense), California red-legged ftog (Rana draytonir), golden eagle (Aquila chrysaetos), burrowing owl (Athene cunicularia), San Joaquin kit fox (Vulpes macroitis mutica), and American badger (Taxidea taxus). The EACCS also provides a list of specific conservation objectives for each focal species, as well as avoidance and minimization measures to reduce negative impacts. These measures include biological monitoring, worker environmental training, construction BMPs and erosion control measures around wetlands and streams, exclusion fencing around the work area, p�e- construction surveys, work windows, and avoidance of active nests or dens. The EACCS also includes objectives relating to the preservation and reduction of impacts on streams and riparian communities. LSA states the Project Area provides no habitat for any EACCS focal species due to the developed nature of the site. WRA believes it is unlikely that all but one of the EACCS focal species will occur within the Project Area. Burrowing owl has a moderate potential of occuning within the Project Area. Burrowing owl and the other EACCS focal species are discussed along with non EACCS focal species in the special-status wildlife section below. Biological Communities and Special-Status Species Bioloqical Communities As stated above, the Project Area is primarily ruderal herbaceous and developed biological communities, which are not considered sensitive communities. However, the dripline of riparian vegetation rooted outside of the Project Area in the NDCA extends over the fence into the Project Area in several places. Riparian vegetation is considered sensitive habitat by the CDFW. Special Status Plants No special-status plant species have the potential to be found within the Project Area due to the heavily and actively disturbed nature of the Project Area. Congdon's tarplant(Centromadia parryi ssp. congdoni►), a disturbance-tolerant species, has been documented in the vicinity of the Project Area. However, this species was not obsenred during the September 3, 2014 site visit, which occurred during peak blooming time for this species. Special-Status Wildlife Twenty-three special-status wildlife species have been documented within 5 miles of the Project Area. Seventeen of these species have moderate or high potential of occurring within the �� 5 �` Project Area or in the adjacent NDCA, and are listed in Table 1 below. Of these 23 species, 17 have potentiai to occur in or adjacent to the Project Area in the NDCA, and seven of these 23 species have potential to occur in the Project Area. The 17 spe�ies with potential to occur in or adjacent to the Project Area as well as the species with potential to occu�in the Project Area are listed below in Table 1. The remaining seven species documented in the vicinity of the Project area are unlikely to be found within the Project Area or NDCA due to a lack of suitable habitat, including ephemeral pools, dense wetland vegetation, and scrub. The species with potential to occur within and adjacent to the Project Area are discussed further, along with nesting migratory birds which are afforded regulatory protections under the 1918 federal Migratory Bird Treaty Act (MBTA) and Caiifornia Fish and Game Code(FGC). Table 1: S ecial-status wildlife s ecies with otential to occur in or ad'acent to the Pro'ect Area Scientific Name Common Name Regulatory Status Vulpes macroitis mutica San Joaquin kit fox Federal Endangered, State Threatened Taxidea taxus American badger CDFW Species of Special Concem Corynorhinus townsendii Townsend's big-eared bat" State Candidate(Threatened), CDFW Species of Special Concern, Westem Bat Working Group High Priority Species Antrozous pallidus pallid bat* CDFW Species of Special Concern, Westem Bat Working Group High Prioriry Species Elanus leucurus white-tailed kite* Califamia Fully Protected Species Circus cyaneus northern harrier CDFW Species of Special Concern Athene cunicularia burrowing owl" CDFW Species of Special Concern, � USFVIIS Bird of Conservation Concern '� Aquila chrysaefos golden eagle California Fully Protected Species, USFWS Bird of Conservation Concern Picoides nutta!!ii Nuttall's woodpecker* USFWS Bird of Conservation Concem Baeolophus inomatus oak titmouse* USFWS Bird of Conservation Concem Lanius ludovicianus logge�head shrike* CDFW Species of Special Concern, USFWS Bird of Conservation Concem Ammodramus savannarum grasshopper sparrow CDFW Species of Special Concern Setophaga(Dendroica) yellow warbler CDFW Species of Special Concern, petechia brewsteri USFWS Bird of Conservation Concern Spinus(=Carduelis) lawriencei Lawrence's goldfinch USFWS Bird of Conservation Concern Ambystoma califomiense Califomia tiger salamander Federal Threatened, State Threatened, CDFW Species of Special Concern Rana draytonii California red-legged frog Federal Threatened, CDFW Species of Special Concem Actinemys marmorafa Pacific(forme�ly western) CDFW Species of Special Concern pond turtle (*) Denotes species with potent9al to occur in the Project Area There is suitable habitat within the stream corridor and upland habitats within the NDCA for California tiger salamander(CTS), Pacific pond turtle (PPT), and California red-legged frog (CRLF). The stream corridor contains areas where water could pool, supporting breeding CRLF, and the stream corridor is a moist aquatic dispersal co�ridor for all three of these species. The upland grassland habitats contain burrows to support estivating CTS and CRLF as well as � 6 breeding PPT. Ali three of these species have been documented within 0.3 mile of the Project � Area in Tassajara Creek (CDFW 2014). Critical habitat for CRLF has been designated just across Tassajara Road in Tassajara Creek, and critical habitat for CTS has been designated 3 miles east of the Project Area. It is unlikely that PPT would be found within the Project Area. The sheet metal barrier is a significant barrier to movement for this species. There is no grassland upland breeding habitat for this species within the Project Area, as the Project Area is disturbed and contains little grassy vegetation to support nesting. Therefore, although PPT could feasibly access the Project Area from the northeast comer abutting the NDCA through the gap in the barrier, it is unlikely to be found in the Project Area due to a lack of suitable habitat and higher quality grassland upland habitat within the NDCA. No aquatic or seasonal depression habitat to support breeding CTS or CRLF exists within the Project Area. Additionally, with the presence of the sheet metal bar�ier and ample suitable habitat nearby, it is unlikely for CTS or CRLF to estivate within the site. While several burrows suitable for estivation in these species exist within the eastern half of the Project Area, these two species would have to pass through more suitable grassland habitat in the NDCA before entering the disturbed Project Area. The Project Area contains minimal vegetation, and these two species would be more likely to suffer predation and desiccation within the Project Area due to lack of cover. Therefore, it is unlikely CRLF and CTS would estivate within the Project Area. Golden eagle was observed during the September 3, 2014 site visit soaring high above the Project Area and NDCA. Due to its developed nature, relatively small size, and enclosure by fencing reducing visibility, the Project Area provides poor foraging habitat and no nesting habitat for this species. UVhile the NDCA provides grassland foraging habitat, nesting is unlikely due to the small size of the trees in the NDCA near the Project Area. Eagles have nested some distance away in the higher quality nesting habitat found elsewhere in the NDCA. White-tailed kite, no�thern harrier, oak titmouse, yellow warbier, grasshopper sparrow, loggerhead shrike, and Lawrence's goldfinch all have moderate to high potential to occur and breed within the grassland and riparian habitats within the NDCA. These seven species may forage or occasionally venture into the Project Area, including the riparian trees that overhang the site. The Project Area only provides marginal breeding habitat for white-tailed kite, loggerhead shrike, oak titmouse, and Nuttall's woodpecker. Due to the lack of grassland vegetation necessary to support breeding northern harrier, grasshopper sparrow, and Lawrence's goldfinch as well as the lack of dense riparian vegetation to support breeding yellow warblers, the Project Area is unlikely to support breeding in these four bird species. The grassland within the NDCA and overhanging riparian trees in the Project Area support nesting in these species, and non-riparian trees within the Project Area provide marginal breeding habitat for loggerhead shrike, oak titmouse, Nuttall's woodpecker and white-tailed kite. Additionally, nesting bird and raptor species are protected by the MBTA and FGC regardless of status. Other common nesting birds and raptors may also occur within the Project Area. Two special-status bat species, pallid bat and Townsend's big-eared bat, may use the accessible buildings, sheds, and trailers throughout the Project Area for day and night roosting throughout the year or as maternity roosts during the summer maternity season. Townsend's big-eared bat is highly sensitive to human disturbance, as it roosts in the open, hanging from walls rather than using crevices like many other bat species. However, a 1998 report prepared for CDFG states that "The expanding human population along the California coast, in the � 7 greater San Francisco Bay Area, and San Diego County has made it increasingly difficuit for C. townsendii to find roosts that are free from human disturbance. There was evidence of some human traffic at or near all the currently occupied ro�sts," (Pierson and Rainey 1998.) The buildings and sheds within the Project Area appear relatively undisturbed, and given this species in the San Francisco Bay Area has been known to use roosts with some element of human disturbance, Townsend's big-eared bat has a moderate potential to occur in the Project Area. Burrowing owl (BUOV� has moderate potential to be found within the Project Area. This species , has been extensively documented in the greater Dublin area; 2009 studies found many !, breeding pairs within 2 miles of the Project Area (CDFW 2014), the closest of which occurred ' within 1 mile of the Project Area. One suitably—sized burrow was found during the September 3, 2014 site visit. No sign of owl occupancy (feathers, pellets, whitewash)was found. However, California ground squirrels, the primary excavators of bu�rows used by BUOW, have colonized the Project Area and many individuals were observed during the September 3, 2014 site visit in burrows and in the many debris piles throughout the site. It is highly likely that additional burrows of suitable dimensions for burrowing owl wil! be excavated, thus making the site more attractive to the owl. BUOW is highly tolerant of disturbance, and the disturbed nature of the site alone is not enough to exclude the possibility of it inhabiting the site before Project activities , begin. However, while this species has a moderate potential to occur within the Project Area, it ' is unlikely to nest there. The Project Area is mostly enclosed by fencing, creating a visual barrier and providing perches for potential predators. These conditions likely act as a deterrent to nesting. Furthermore, given that no sign of BUOW was observed during the September 3, 2014 site visit, and that there is ample, higher quality open habitat in the NDCA and north Dublin hills, the Project Area is suitable for wintering owls, but nesting is unlikely. � American badger has been documented extensively in the grassland hills to the north, east, and west of the Project Area (CDFW 2014). This species has high potential to be in the high quality grasslands of the NDCA. However, this species is unlikely to be found within the Project Area, as the Project Area does not contain any suitably-sized burrows for this species that could be potential dens during the September 3, 2014 site visit, and the developed nature of the Project Area likely precludes colonization. Furthermore, there are ample, large expanses of higher quality habitat nearby in the NDCA and open grasslands of the north Dublin hills. San Joaquin kit fox historicaily was found in the arid grassland and scrubland habitats in the DubliNLivermore area, but is believed to be extirpated west of the Altamont Hills (Sproul and Flett 1993). The most recent CNDDB record of kit fox within 5 miles of the Project Area was � from 1989. However, SJKF is included as a focal species in the EACCS and is therefore included in this assessment. Due to the unconfirmed presence of this species f�om the greater Dublin area in the past 25 years and that the Project Area is highly disturbed, does not contain ' suitably-sized burrows for this species, and there is much higher quality habitat nearby, this species is unlikely to be found within the Project Area. Identification of Impacts and Recommended Minimization Measures The NDCA stream corridor and its associated riparian vegetation adjacent to the Project Area are sensitive biological communities regulated by CDFW. Seventeen special-status species have potential to occur in the NDCA adjacent to the Project Area; of eleven species may be indirectly impacted by the project including: white-tailed kite, northern harrier, BUOW, golden � 8 eagle, Nuttall's woodpecker, oak titmouse, loggerhead shrike, grasshopper sparrow, yellow � warbler, and Lawrence's goldfinch. Indirect impacts to these species from project activities include noise, vibrations, and light from construction that may disrupt nesting birds. Indirect impacts to other species including CTS, CRLF, PPT,American badger, San Joaquin kit fox, roosting bats, and foraging raptors are unlikely to occur as a result of the project except in cases where there is a reduction in size or quality of habitat present in the NDCA. Burrowing owl, white-tailed kite, loggerhead shrike, oak titmouse, Nuttall's woodpecker, pallid bat, and Townsend's big-eared bat, as we(I as birds protected under the MBTA and FGC have potential to occur within the Project Area. These protected biological �esources may be directly impacted by Project activities such as tree and vegetation removal, building demofition, and ground disturbance causing mortality due to contact with construction equipment or personnel, predation, desiccation, entrapment in artificial structures, burial from burrow excavation, etc. Because the Project Area is highly disturbed and will likely be completely altered, temporary impacts are not anticipated. In addition to the maintenance and extension of the exclusion barrier, avoidance of plastic monofilament, and the use of construction BMPs recommendations in the LSA report, WRA recommends the following measures be taken to avoid impacts to biological resources within the Project Area. • Avoid impacts to all ripa�ian vegetation, including the dripline of riparian trees overhanging into the Project Area from the NDCA. If impacts cannot be avoided, a CDFW Section 1802 permit will be needed. • If construction, demolition, or tree removal activities are initiated during the nesting bird season (February 9 through August 31), a pre-construction bird survey (including raptors) shall be conducted prior to commencement of activities. If birds are found to be nesting within the Project Area a buffer zone around the nest (distance dependent on species) shall be established by the biologist until the young have fledged. Consultation with CDFW may be req.uired dependent on species. • If construction, tree removal, or the removal or demolition of buildings is initiated, especially during the bat maternity season from April 1 to August 31, a pre-construction bat emergence survey shall be conducted. Internal entrances surveys should be conducted if any buildings are to be demolished at any time of year to determine if the building(s) currently or previously supported roosting bats. If bats are found to be roosting within the Project Area, consultation with CDFW may be required dependent upon bat species found and roost type. • A Pre-construction survey for burrowing owl is recommended within 30 days of any construction activities in accordance with the 2012 CDFW Staff Report on Burrowing Owl Mitigation (CDFG 2012), which also contains guidance pertaining to avoidance and minimization measures for this species if active burrows are found on the site. lf active burrows are found, an appropriate setback relative to the guidance is required; consultation with CDFW may be required if burrowing owl is observed during the nesting season. � 9 i� Conclusion The Project Area is highly disturbed. No sensitive biological communities are located within the Project Area, and no special-status plants are likely to occur on the site. Burrowing owl, white- tailed kite, loggerhead shrike, oak titmouse, Nuttall's woodpecker, pallid bat, and Townsend's big-eared bat, have potential to occur within the Project Area. All other special-status wildlife species in the area are only likely to be found within the NDCA and any riparian trees overhanging the Project A�ea. Nesting birds and rap#ors protected by the MBTA and FGC may nest within the Project Area. WRA generally agrees with the 2014 LSA report's analysis, with the addition of several other potential biological impacts, including: • Potential impacts to overhanging riparian trees within the Project Area • Potentiai impacts to burrowing owl • Potential impacts to special-status birds and other nesting birds and raptors protected by the MBTA and FGC • Potential impacts to roosting bats Avoidance and minimization measures recommended by WRA consist of maintaining and extending the sheet metal barrier to prevent wildlife incursion into the Project Area, construction BMPs to prevent erosion and runoff into the NDCA,the avoidance of plastic monofilament, and pre-construction surveys for burrowing owl, nesting birds and raptors, and an emergence survey for roosting bats. �,�, I will be happy to discuss any of the above topics more thoroughly if you wish. Please contact me or Claire Woolf with any questions or to discuss any issues further. Sincerely, Tom Fraser President Phone: (415) 454-8868 x118 Email: fraser(a7wra-ca.com Claire Woolf Wildlife Biologist Phone: (415) 454-8868 x190, (707) 290-4339 (cell) Email: woolf(c�wra-ca.com � 10 References � City of Dublin. 1999. Heritage Tree Ordinance. [CDFG] Califomia Department of Fish and Game. 2012. Staff report on burrowing owl mitigation. Online at http://www.dfg.ca.gov/wildlifelnongame/docs/BUOWStaffReport.pdf. Accessed September 2014. Pierson, E. and W. Rainey. 1998. Distribution, status, and management of Townsend's big- eared bat (Corynorhinus fownsendi�) in Califomia. Prepared for the California Department of Fish and Game, and submitted to the Bird and Mammal Conservation Program (BMCP). Technical report number 96-7. [CDFWJ Califomia Department of Fish and Wildlife. 2014. California Natural Diversity Database(CNDDB). Galifornia Department of Fish and Wildlife. Biogeographic Data Branch, Vegetation Classification and Mapping Program, Sacramento, CA. Accessed September 2014. City of Dublin. 2014. City Municipal Code. Current as of September 2, 2014. 4nline at: http://www.codepublishing.com/ca/dublin.html. Accessed September 2014. [CNPS] California Native Plant Society. 2014. Inventory of Rare and Endangered Plants of California. California Native Plant Society, Sacramento, California. Online at: http://www.rareplants.cnps.org; most recently accessed: September 2014. ICF International. 2010. East Alameda County Conservation Strategy (EACCS). Final draft, December 2010. Online at: http://www.eastalco-conservation.org/documents.html. Accessed September 2014. Richmond, B. H. Green, and Rice, D.C. 2012. Alameda County Breeding Bird Atlas. Published by the Golden Gate Audubon Society and the Ohlone Audubon Socitey. Sproul, MJ and M A Flett. 1993. Status of the San Joaquin kit fox in the northwest margin of its range. Transactions of the Westem Section of the Wildlife Society 29:61-69. [USFWS] U.S. Fish and Wildlife Service. 2011. Standard Recommendations for Protection of the Endangered San Joaquin Kit Fox prior to or during Ground Disturbance. Sacramento Fish and Wildlife Office. [USFWS]2014 Quadrangle Species Lists, Sacramento Fish and Wildlife Service. Online at: http://www.finrs.gov/sacramento/ES_Species/Lists/es species_lists-form.efm . Accessed September 2014. [USFWS] 2003. Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander. Online at https://nrm.dfg.ca.govlFileHandler.ashx?DocumentlD=83915 Accessed September 2014. Wallace Roberts 8 Todd. 2010. Final Eastern Dublin Specific Plan. Prepared for the City of 11 � Dublin. Updated in 2010. Online at: http://dublinca.gov/index.aspx?NID=175.Accessed September 2014. Western Bat Working Group (WBWG)_ 2014. Species accounts. Online at: http://www.wbwg.org/speciesinfo/species_accounts/species_accounts.htmi. Accessed September 2014. Aftachment 1: Plant and wildlife s ecies observed in the Pro'ect Area during the September 3, 2014 site visit Scientific Name Common Name Polygonum avicu/are dooryard Plants knotweed Acernegundo boxelder Prunus dulcis domestic almond Avena sp. oat Quercus douglasii blue oak Baccharis pilularis coyote brush Rumex crispus curly dock ss . consan uinea � Salix laevigata red willow Brassica nigra black mustard Salso/a sp. russian thistle Bromus catharticus rescuegrass Silybum marianum milk thistle Bromus diandrus ripgut brome Stipa miliacea var. smilo grass Carduus Ita(ian thistle miliacea cnoce halus Toxicodendron poison oak Cirsium vu/gare bull thistle diversilobum Conium macu/atum poison hemiock Convotvulus field bindweed w�ldlife � arvensis Anna's Dittrichia graveo/ens stinkwort Ca/ fe anna hummin bird Nuttall's Epilobium annual willowherb Picoides nuttallii wood ecker brach ca um Corvus Erigeron bonariensis Flax-leaved brach rh nchos American crow h�rseweed black-capped Erigeron canadensis Canadian Poecile atrica illus chickadee horseweed Aphelocoma Festuca perennis Italian rye grass californica western scrub-'a Foeniculum vulgare fennel Zenaida macroura mournin dove Helminthotheca bristly ox-tongue Th omanes bewickii Bewick's wren echioides Carpodacus Hordeum murinum mouse barley mexicanus house finch Jug/ans hindsii northern California orange-crowned black walnut Oreothl is celata warbler Juglans regia English walnut Buteo "amaicensis red-tailed hawk Lactuca serrio/a prickly lettuce Falco s arverius American kestrel Lepidium/atifolium perennial A uila ch saefos olden ea le e erweed Melea ris a/lo avo wild turke Malva nicaeensis bull mallow Sceloporus western fence Malvella leprosa alkali mallow occidentalis lizard � Marrubium vulgare horehound Otos ermo hilus California round � 12 beecheyi squirrel • . • � 13 � wra . � ENYIRONMFNTAI CONSUITANTS July 28, 2016 Jerry Haag 2029 University Ave Berkeley, CA 94704 jphaag@pacbell.net Re: Assessment of Golden Eagle Nest Adjacent to 6237 Tassajara Road, Dublin, California Dear Mr. Haag: This letter provides an assessment of potential impacts to golden eagles (Aquila chrysaetos; hereafter eagle may be used) that have been documented to nest in the immediate viciniry of the proposed Wanmei residential project located at 6237 Tassajara Road (Project Site) in Dublin, Alameda County, California. The purpose of the assessment is to 1) address potential adverse impacts to golden eagles that may nest near the Project Site during anticipated development activities there, and 2) provide an adequate mitigation measure to avoid these impacts. Existing Conditions and Eagle Nest Status On May 3, 2016 from 8:50 AM to 10:00 AM, the Project Site and adjacent Project Area were examined directly by WRA wildlife biologist Claire Woolf to note existing conditions and baseline disturbance levels. The Project Areas examined included the locat(on of the nearby active eagle nest located within regional preserve lands to the east of the Project Site. Additionally, ambient noise levels (decibels) from within the Project Site were measured throughout much of the site visit using the Sound Meter app on an Android smartphone. To avoid any potential disturbance to the eagle nest, minimal time was spent within the eastem portion of the property. The biologist did not directly approach the nest, and did not enter the preserve during the site visit. The Project Site is situated adjacent to mixed suburban developments and preserved open space. Regional preserve lands are present to the south and east, Quarry Lane School is located to the north, and Tassajara Road lies to the west. The Project Site is currently used as a laydown yard/staging facility for a landscape company. The entire Project Site is developed or otherwise highly disturbed, and consists of compacted earth, gravel areas, and patches of ruderal vegetation. Various trailsrs and storage structures are found throughout, including several metal shipping containers located at the eastern boundary of the property. Materials such as bark, trees and plants, stakes, and paving stones are neatly staged on the Project Site, and a small number of debris piles are also present. No work activities were occurring within the yard at the time of the site visit, but the presence of several parked personal vehicles and the tidy condition of the yard suggests that it is frequently occupied and used. Ambient noise levels within the Project Site ranged from 35 to 70 decibels (the latter during an airplane flyover), and averaged approximately 50 decibels. Sources of 2169-G Francisco Blvd.East,San Rafael,CA 94901 ph:415-454-8868 info@wra-ca.com www.wra-ca.com baseline noise inciuded auto traffic on Tassajara Road, and children playing at the adjacent � school. The active eagle nest is located approximately 200 feet from the eastern end of the Project Site within a row of mature eucalyptus (Eucalyptus sp.)trees. The nest structure is near the eastern edge of the eucalyptus stand, on the north side, and visible to the naked eye from the eastern portion of the Project Site.At the time of the site visit, one eagle was observed on the nest, and it did not flush or otherwise appear to be disturbed by the presence of the biologist or by other activities in the general vicinity. To the best of WRA's knowiedge, this nest site was first known to be occupied in 2016. Because golden eagles often re-use individual nests across years, the nest may be used again in subsequent years. Golden Eagle Regulatory Background State and Federal Protections Goiden eagle has various protections at both the state and federal level, and is considered a special-status species. Within the context of environmental review, the term "special-status" is typically used to refer to wildlife (and plant) species with heightened legal protections beyond baseline levels, if any such exist. While golden eagle is not currently listed under the federal or California Endangered Species Acts,this species has a somewhat analogous level of protection under the federal Bald and Golden Eagle Protection Act (hereafter Act; 16 U.S.C. 668-668c, enacted in 1940 and subsequently amended several times). The Act prohibits the taking, possession and/or commerce of eagles and establishes civil penalties for violations. In 2009, the definition of"take" in the context of the Act was refined as follows (72 FR 31132; 50 CFR 22.3): "...disturb means to agitate or bother(an eagleJ to a degree that causes, or is likely to cause, based on the best scientific information availab/e, 1) injury to an � eagle, 2) a decrease in its productivity, by substanfially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by subsfantially interfering with norma!breeding, feeding, or sheltering behavior'. In addition to its protection under the Act, golden eagle is also named as a Fully Protected Species under the California Fish and Game Code (i.e., section 3511) and as such legal "take" (in this context, essentially injury or death of an eagle, including young and eggs) cannot be authorized by the state. Along with most other native birds, golden eagle also has baseline protections under the federal Migratory Bird Treaty Act (MBTA) of 1918 (and subsequent amendments) and the Califomia Fish and Game Code (i.e., sections 3503, 3503.5 and 3513). Both the federal statute and state codes prohibit the unauthorized and deliberate "take" of covered species, including their active nests (those with eggs and/or young). Finally, golden eagle is also named as a U.S. Fish and Wildlife Service (USFWS)Bird of Conservation Concern (BCC). Although BCC species generally have no heightened legal status, they are typically given special consideration under the California Environmental Quality Act(CEQA). Local and Reaional Protections Golden eagle receives conservation attention and protection at the local level. The Project Site lies within the bounds of the East Dublin Specific Plan (Specific Plan; City of Dublin 1994), which provides a planning framework for the future growth and development of the portions of Dublin east of the Camp Parks Reserve Forces Training Area. The Specific Plan retains a large area in the northeast portion of the planning area as a rural/residential zone to preserve 2 adequate foraging area for eagles. Additionally, the Specific Plan contains Policy 6-20 that addresses a previously-identified eagle nest within the Specific Plan boundaries: Mainfain a natural open space zone (i.e., no deve%pment)around the golden eagle nest located in the northeast corner of the planning area {see Figure 6.3 for fhe designated setback}. Exceptions to fhis setback will have to be approved by the U.S. Fish and �Idlrfe Service (USFWS), based on field examinations of the site to determine what constitutes "harassmenY'of the eag/es at this particular locafion. Construction within this protecfion zone will not be allowed unless it is determined that the eagles have ceased to use the nest site for two consecutive years as ver'�fied by the USFWS. Presumably, the Specific Plan would treat other golden eagle nests found within the planning a�ea in a similar fashion. The Project Site is also within #he study area for the East Alameda County Conservation Strategy (EACCS; ICF International 2010), within which golden eagle is treated as a focal species. The EACCS is intended to provide an effective framework to protect, enhance, and restore natural resources in eastern Atameda County, while improving and streamlining the environmental permitting process for impacts resulting from infrastructure and development projects. The City of Dublin is a partner in the EACCS and uses the document to provide a baseline inventory of biological resources and conservation priorities during project- level planning and environmental permitting. However, the EACCS is only a framework for guidance by regulatory agencies, and does not include incidental take permits for threatened or endangered species similar to that provided by a Habitat Conservation Plan. The EACCS provides goals and objectives for maintaining the local nesting golden eagle population at a level that allows for its long-term viability. These goals include: . Avoiding impacts to eagles,as well as their nests and habitat. • Monitoring all eagle nest sites and surrounding habitat. • Enhancing existing, suitable eagle habitat. The EACCS a�so provides guidance and recommendations for obtaining these goals in the form of recommended general and species-specific avoidance and minimization measures. Relevant measures from the EACCS are discussed in the Recommendations section below. Potential Impacts Direct impacts to the focal golden eagle nest tree (e.g., trimming or completely removing the nest tree or adjacent trees)while the nest is active would presumably result in death or injury to eagle eggs or young, and potentially adults as well. Any such action wou{d constitute a violation of the Bald and Golden Protection Act, as well the MBTA and multiple sections of the California Fish and Game Code. However, given that the nest tree is in a preserved area outside the Project Site and no direct impacts to the tree and its immediate surrounds are anticipated, the potential for such direct impacts is not relevant to proposed activities within the Project Site. Another potential violation of the Bald and Golden Eagle Protection Act would involve the loss or degradation of habitat areas required for continued use of the vicinity by the focal golden eagle pai�, as a result of project activities. However, the Project Site is already developed and does not contain trees of a suitable size or character to support eagle nesting. Additionally, although California ground squirrels (Otospermophilus beecheyi; a common prey item for eagles in the region) inhabit the Project Site, the small size of the site, the availability of nearby larger nearby presenred lands with grasslands and savannah for foraging, and habitual human presence within the Project Site all render the site as incidental foraging habitat at best. Therefore, WRA 3 does not believe that the proposed project activities will result in a loss of or degradation to � eagle habitat. Project activities fo�lowing construction (i.e., residential use of the constructed subdivision) are not expected to result in significant impacts to the eagle nest. The eagle nest was built recently within 250 feet of an existing larger residential subdivision to the south and within 300 feet of a school to the north. There are unobstructed views of the nest site from both of these areas, indicating that the nest is routinely subject to visual as well as acoustic disturbances. Furthe�more, the Project Site is currently being used as a stockyard with daily activity. This indicates that the eagle is habituated to the existing conditions, including human activities and would not be significantly impacted by the operations of a residential subdivision in the Project Site. Indirect disturbances resulting from project-related activities (e.g., noise, vib�ation and/or visual disruption resulting from grading or construction) within the Project Site have the potential to adversely impact eagle nesting activities at the nearby nest site. If the nest is active (holding eggs or young) or otherwise being attended by eagles while such disturbances occur, reduced reproductive effort or success, including abandonment of the active nest, may occur. Such an outcome would presumably constitute a violation of the Bald and Golden Eagle Protection Act; furthermore, regulatory agencies and local government entities may also interpret such an outcome as constituting violations of the federal and state baseline protection mechanisms outlined above. Introduction of toxic or otherwise harmful chemicals into the golden eagle prey base (e.g., mice, rats, and ground squirrels) may pose a potential indirect signi�cant impact. Construction operations and residential subdivisions and individuals occupying residences commonly use rodenticides to control the rodents such as ground squirrels, mice, and rats. Because golden eagles may prey upon contaminated rodents, the eagles themselves may incur adverse � biological effects such as reduced fecundity, ability to forage, or death. The East Alameda County Conservation Strategy includes Conservation Action GOEA-4 to encourage land managers to use Integrated Pest Management(IPM) principles and cease using rodenticides in pro#ected areas; if they are necessary, use rodenticides consistent with IPM principles. Recommendations As discussed above, significant impacts to a golden eagle nest and/or nesting activities may result from proposed construction activities within the Project Site, To avoid such impacts, recommended mitigation measures are detailed below. The measures are based on avoidance and minimization measures in the EACCS and the Specific Plan, in combination with WRA's best professional judgment. • To the fullest extent feasible, all work within the Project Site shall occur between July 1 and December 31, outside of the greater eagle nesting season. • If work within the Project Site cannot be conducted outside of the nesting season,the following shall be implemented: o The known nest site near the Project Site and other suitable nesting substrates in the viciniry shall be monitored by a qualified biologist familiar with golden eagles and their behavior to determine whether the nest is active. Monitoring visits shall be conducted starting January 1 and occur weekly at a 4 � � minimum through June 30 to ensure that the status of the nest (i.e., level of attendance by adult eagles, known or presumed presence of eggs or young) has been determined relative to the proposed project/construction schedule. Work within the Project Site shall not commence while the nest is active. If the nest is determined to be inactive, work may commence as long as the nest remains inactive as determined by the qualified biologist. o If the nest becomes active foilowing the commencement of construction activities, a qualified biologist shall constantly monitor the nest during all construction activities. Construction can be halted at any time if deemed necessary by the biologist to avoid nest abandonment or otherwise significantly impact the nesting eagles. o Once the nest has become inactive as determined by the biologist, (e.g., fotlowing the fledging of young), construction may continue without continual monitoring and revert to weekly monitoring visits. • To avoid significant impacts to the eagle via their prey base in the vicinity of the . Project Site, rodenticides shall not be used outdoors, either during construction within the Project Site or after construction has finished, unless absolutely necessary. The goveming body of the �esidential subdivision (e.g., Home Owners Association) shall implement a restriction on the use of outdoor rodenticides in their governing documents {e.g., Covenants, Conditions and Restrictions), unless absolutely required, and then they shall be used with IPM principles. Please do not hesitate to contact me with any questions you may have. ' � Sincerely, ur----' o.�,� Jason Yakich Associate Wildlife Biologist References City of Dublin. 1994 East Dublin Specific Plan. Prepared by Wallace Roberts 8�Todd. Updated October 7, 2014. Available online at: http://www.ci.dublin.ca.us/DocumentCenterNiew/7776 Accessed: May 2016. [ICFJ ICF International. 2010. Final Draft: East Alameda County Conservation Strategy. Prepared for: East Alameda County Conservation Strategy Steering Committee. October. Available online at: http://www.eastalco-conservation.orgl Accessed: May 2016. [USFWS] U.S. Fish and Wildlife Service. 2010. Interim Golden Eagle Inventory and Monitoring Protocols; and Other Recommendations. Available online at: 5 � • • Attachment 2- Acoustic Report City of Dublin Page 71 � Revised& Recirculated Initial Study/MND October 2016 Wanmei Properties Project �!"" ' _ � Accus:ica!&Audiovisual Consultants A C O U S T I C S - ----- ---------- ----- ------�-----— ENVIRONMENTAL NOISE IMPACT STUDY FOR: 6237 Tassajara Road Dublin, CA RGD Praject#: 14-058 PREPARED FOR: � Jerry Haag Urban Pianner �t ° 2029 University Avenue Berkeley, CA 94704 PREPARED BY: Alan Rosen, Principal Consultant Harold S. Goldberg, P.E. Principal Consultant DATE: 10 March 2016 � �i00 Lar�spu�l.arum.n i:i�c:e»i5� : i.hr::;cx:r.(_.aliloir.ia oa4�q � TEL-i5.u4 GISp ; FAX:'.�%-d:^1;� ; RGDACOUSTICS.COr.t 6237 Tassajara Road, Dublin,CA Page 1 Environmental Noise Impact Study 10 March 2016 1. Introduction . The project consists of 19 single family dweliing units to be constructed on 2.64 acres along Tassajara Road in Dublin, CA. The site is currently developed with a single family residence along Tasasjara Road and appears to support a commercial landscaping business with mostly outdoor storage areas at various locations around the site. The nearest noise sensitive receptor is the Quarry Lane School which is north and adjacent to the site. There is a significant elevation difference between the project site and school. Near Tassajara Road, the project site and school are at about the same elevation. Toward the east side of the project site, the school is about 30 feet above the project site. Other nearby uses include residential areas to the south and east, and Tassajara Creek Regional Park and Parks Reserve Forces Training Area to the west. The study assesses the potential for the project to generate significant noise impacts as well as the compatibility of the project with the existing and future noise environment based on Dublin's noise and land use compatibility standards. 2. Environmental Noise Fundamentals Noise can be defined as unwanted sound. It is commonly measured with an instrument called a sound level meter. The sound level meter captures the sound with a microphone and converts it into a number called a sound level. Sound � levels are expressed in units of decibels. To correlate the microphone signal to a level that corresponds to the way humans perceive noise, the A-weighting filter is "'� used. A-weighting de-emphasizes Iow-frequency and very high-ftequency sound in a manner similar to human hearing. The use of A-weighting is required by most local General Plans as well as federal and state noise regulations (e.g. Caltrans, EPA, OSHA and HUD). The abbreviation dBA is sometimes used when the A-weighted sound level is reported. Because of the time-varying nature of environmental sound, there are many descriptors that are used to quantify the sound level. Although one individual descriptor alone does not fully describe a particular noise environment, taken together, they can more accurately represent the noise environment. The maximum instantaneous noise leve! (Lm�) is often used to identify the loudness of a single event such as a car passby or airplane flyover. To express the average noise level the Leq (equivalent noise level) is used. The LeQ can be measured over any length of time but is typically reported for periods of 15 minutes to 1 hour. The background noise level (or residual noise level) is the sound level during the quietest moments. It is usually generated by steady sources such as distant freeway traffic. It can be quantified with a descriptor called the L90 which is the sound level exceeded 90 percent of the time. To quantify the noise level over a 24-hour period, the Day/Night Average Sound ��� . - o•t- ! < < i' •:i 4c»0:1> � RGDACOUSTICS.COM ncousncs i1�0 Larl:,p�r Lanoir��Gicle a,51 j Lark:pw.Cal�(crnid.� �9 ; TEl�IS t, 0�G j FAX 5 i �� 6237 Tassajara Road, Dublin, CA Page 2 Environmental Noise Impact Study 10 March 2016 Level (DNL or l..d„) or Community Noise Equivalent Level (CNEL) is used. These descriptors are averages like the LeQ except they include a 10 dB penalty during nighttime hours (and a 5 dB penalty during evening hours in the CNEL) to account for peoples increased sensitivity during these hours. In environmental noise, a change in noise level of 3 dB is considered a just noticeable difference. A 5 dB change is clearly noticeable, but not dramatic. A 10 dB change is perceived as a halving or doubling in loudness. 3. Acoustical Criteria 3.1.City of Dublin General Plan The Noise Element of the City's General Plan has policies regarding noise and land use compatibility. Table 1 provides guidelines for the compatibility of land uses with various noise exposures. The City uses the Community Noise Equivalent Level (CNEL)descriptor. A CNEL of 60 dBA or less is considered normally acceptable for residential land use. Table 1: Land Use Compatibility for Community Noise Environments COMMUNITY NOISE EXP03URE(dB) Land Use Ceteaoni Nom�slly Conditionatly Normelly Cleady Ac.�eotable Acceptable Una e ble Unacceotable � (Noise Insulation) Features Requlred Resldential 60 or less 60•70 TO•75 Over 75 Motels,hotels 80 or leas 60•70 70-80 Over 60 Schools,churches,nu�sfng 60 or lesa 60•70 TO•80 Over 80 homes Neighborhood parks 80 or less 60-65 65�TO Over 70 Offiaes: retail comme�cial 70 or less 70•75 75•80 Over 80 Industrfal 70 or less 70•75 Over 75 Cooditionally acceptable exposure requires noise InsulaUon features in buNding design.Conventfonal construction, but wlth closed wlndows and fresh afr supply systems or air conditfoning wlll normally auffice. 3.2.East Dublin Specific Plan and EIR The project site is located in the East Dublin Specific Plan Area. The EIR for the specific plan area adopted several mitigation measures to address potential noise impacts on project sites with the specific plan area. Impacts and associated mitigation measures applicable to this project are: ��� --c oao- a '�'< ! � �it5�6a 011= RGDACOUSTICS.COM � �tousncs 110U Lark;pur L�nd�ny�i�cln.�.4 I La�k;pw.Ca�irornw. .,�9 � TEL U o 0 50 � fAX � 6237 Tassajara Road, Dublin, CA Page 3 Environmental Noise Impact Study 10 March 2016 MM 3.10/1.0 Exposure of Proposed Housinq to Future Roadwav Noise: � Require that an acoustica/study be submitted with a/l residential projects located within the fufure CNEL 60 contour. The goa/of the acousticai study is to show how the inferior noise/evel will be contro/led to a CNEL of 45 d8 as required by Title 24, Part Il. The title 24 goal of CNEL 45 shou/d be applied to single—family homes. MM 3.10/4.0 Exposure of Existin4 and Pr000sed Residences to Construction Noise� Developers shall submit to the City a Construction Noise Management Prvgram that identifies measures to be taken to minimize impacts on existing p/anning area residents. The program will inc/ude a schedu/e for grading and other ma%or noise generating activities that wi/l limit these activities to the shortest possib/e number of days. Hours of construction shall be limited in keeping wifh Dublin ordinances. The program for construction vehicle access fo the site shal/minimize construction truck traffic through residentia/areas. If construction tra�c must trave/fhrough residential areas then a mitigation plan shou/d be deve/oped. The program may include barriers, berms or restrictions on hours. MM 3.10/5.0 Exposure of Existinq and Proposed Residences to Construction Noise• In order to minimize the impact of consfruction noise, all operations should comply with/oca/noise sfandards relafing to construction activities. When construcfion occurs near residentia/areas, then it should be limited to norma/daytime hours to minimize the impact. Stafionary equipmenf should be adequafely muffled and located as far away from sensitive receptors as possible. 3.3.City of Dublin Noise Ordinance �� Chapter 5.28 of the City of Dublin's Municipal Code prohibits"...loud, or disturbing, or unnecessary, or unusua!or habitua/noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonab/e person of normal sensifivity present in fhe area". The noise ordinance states that it is appropriate to consider the level and character of the noise as well as the level and character of the background noise. Since the City's Noise Ordinance does not contain quantifiable noise level limits, it is not possible to apply the noise ordinance as a threshold for assessing project generated noise in the context of this noise study. 3.4.1ncrease in Noise The California Environmental Quality Act Guidelines require the determination of whether a project will generate a substantial increase in noise leveis in the project vicinity above levels existing without the project. CEQA does not specify a method for determining when a project would cause a significant increase in noise. Likewise, the City of Dublin does not have criteria for determining when a noise increase is significant. An FAA Draft Policy discusses screening and ��� �cousncs itOC l.a�l.spui Land�r,g Cirde:r i54 j Lark:pu�.Caliiomia?4?5? � TEL�15 46-OiSO � FAX�L:ba 0'.t5 I RGDACOUSTICS.COM � 6237 Tassajara Road, Dublin, CA Page 4 Environmental Noise Impact Study 10 March 2016 impact thresholds for increases in aircraft noise. These thresholds are used to assess the significance of noise increases due to the project as follows—an increase in CNEL is significant if it is: • 5 dBA or greater and the future CNEL is less than 60 dBA or • 3 dBA or greater and the future CNEL is 60 dBA or greater and less than 65 dBA or • 1.5 dBA or greater and the future CNEL is 65 dBA or greater. 4. Existinq Noise Environment To quantify the existing ambient noise levels noise measurements were made at the project site. The major source of noise during the ambient measurements was traffic on Tassajara Road. Noise from children playing was also clearly audible at the site. Noises from small single engine aircraft flyovers (most likely private aircraft originating from Livermore Municipal Airport) were also audible. Figure 1 shows the project site and the noise measurement locations. Table 2 shows the results of the short-term noise measurements. Figure 2 shows the results of the long-term noise measurements. The noise at LT-1 is dominated by vehicular traffic on Tassajara Road. Location � ST-2 represents the noise environment at project homes that would be located closest to the roadway. The CNEL at location ST-2 is 68 dBA based on a comparison of the noise level measured at ST-1 with the 24 hour measurement at LT-1. Locations ST-1 and ST-3 represent the noise exposure of future hornes that would be located toward the center and eastem end of the site. The noise environment at these locations was a combination of the sounds of children playing at the adjacent school, distant roadway traffic and occasional aircraft flyovers. Noise from distant gun shots, presumably from the Parks RFTA or Alameda County Sheriff Training Facility, was heard briefly at 1:04 pm on October 17th. This was just after we completed the short term noise measurements so the level of the noise (dBA)was not quantified. Nevertheless, noise from the gunshots was relatively Iow as compared to other noises (e.g. children playing, traffic and aircraft flyovers). Although it was noticeable, it tended to blend in with the background sound. ��� . . . , � ACOUSflCi 1�OU�.arkspu�Landing Circie�3.+ � Ld�K:�u1.�dlffOl�Tlie1 9+�J� � TEL,15 46<U150 � FAX•c15 a64 Ot!� � RGDACOUSTICS.COM 6237 Tassajara Road, Dublin, CA Page S Environmental Noise Impact Study 10 March 2016 Figure 1: Site Plan and Ambient Noise Measurement Locations � ���.ti �$ � � , +� �:. �`�'�` :, � ��,�,�t� .� �' �. �T'.j }y d,4 .'f �! +`g " `L �5.y�-f ' ��•- r� '•�.�.�' � �..�� y �� % _ , �i � ,�.���2� �'�3 }� � '! 'a r : i L� �� ._ -�� � ' oG,�..� �: ���+t'-.�,r� �} ��i ...'FQ� ���� ��;� _ y_ � ".�:� � i3 .i ���f' . e � 1 �,� 3 �-� �� z '+ �'" � gr �' ! � a af1UARRYi� C � ,�a ��'���L 3: .�p,,, .:' t fi- ..t.t`� �,.�. � r'� ti+� ,�a ti.� � .-��*� N ��-1-'�''�.e. ��"�re�,° k � � �4� ' .�°a 1'i..•,r}t�� i� •�^�� � ��`'�4� � ����� �Y� 5.�. .�t;� 4Y�' .I � '.����., � � � r� . �T n..t�Y �e r-0e °�$ae'.n. � CF�`,. •S "'.. t . 1 R 71 "w T K i] � � . i�r- , �,:� r =� � ,z:��� � : �Q ��� ����, ��:�.,� ,,. , ��� �� x 6 ��. �� � � ��b�_. oi �oi�l0i{:t !�p�i��!��.-�3; � x �2r�"�... � r�.�,�:.�T� • � �o�z.Al .� �` E, _%. . ;,tie �es - �.i__ '�'^�i+ .a'�' n �.,i � —/ ..: � •� '.. 9` ���.�`.w u x t3#: , ` ,� � �-•g��a��� + � �`; t�..°'i� ���,, ��' �i.�tk���' ����"�p` � � _ . '.SNSIh1?/1 �Q M 2 ..+..� .6„ ����1i �"'i�. . . S' ..�. / t. i'. 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' �� �i���,�`� �� fi 1"'� � "� �� t t : � � .��� �. .f� 'iy'` •`r, Table 2: Short-Term Ambient Noise Measurement Results Height A-Weighted Noise Level,dBA Location above DatelTime ground L.eq Lmax �10 �6o Lgp CNEL ST-1 5 ft �6 October 2014 49 64 59 47 36 46"" 11:45—12:00 PM ST-1 24 ft 18 October 2014 55 72 65 49 37 52'* 11:30—1:00 PM ST-2 5 ft 16 October 2014 69 g� 80 63 50 68' 12:15—12:30 PM ST-3 5 ft �6 October 2014 57 65 62 56 52 54"" 12:35—1:50 PM "CNEL based on correlation with simultaneous measurement at long-term measurement location. "CNEL due to children playing is calculated assuming the activity continues from 7 AM to 7 PM ��� , . . �cousrics �'C.,�_�ri ,., " _. �C : _ , , _. � TEL � _ ._ , FA; " . j FGD�COUSTICS COr-�. � 6237 Tassajara Road, Dublin,CA Page 6 � Environmental Noise Impact Study 10 March 2016 �'' Figure 2: Long-Term Noise Measurement Results Location LT-1: Tassajara Road 9 90 `r `" ` ,,. c< �•x �'� ' r�.ry � � 80 � ra. � rY: � - .� _ . � �o - � . � � !1 F _ J '.;l s m � - ., m F:', Y F " Z50 }; 1 _ r �. � ,n. � _ 4 f • Yt ��� ��; ' � t 40 b� - � L _ l. r' e 5 01 30 _ ; �..�" : }y, 01 -Ik � - 1 - � '�i P � ,, s ., ._ .: :�. � ���� ���' r 01 `r � � Q t ��yj' � • 2U ; . . . .. . 8 8 S 8 0 � 8 � Sp S 8N 8 S 8 S g' 8 8 8 S 8 8 $ 8 8 S .. N l'J R tl'i {C h CO �1 N N N N � i- tV M a 11i r0 h CC C1 O � lV cM � � � � � � � � � � � Time of Day At location ST-1, the outdoor athletic field and playground area are immediately adjacent to the project site though barely visible due to their elevation above the � project site. In order to quantify the sound of children playing, measurements were made at ground level and 24 feet above ground (elevated receptor would have a greater exposure to the sound). During our measurements, children were in the play area from 11:30 to 1:00 pm. The maximum sound levels of children playing (voices, screaming) ranged from 51 to 57 dBA (Lmax) at 5-1/2 feet above ground. At 24 feet, the noise levels were higher due to Ioss of shielding by terrain and maximum levels ranged from 57 to 68 dBA. For the purposes of determining the CNEL we assumed a"worst case" scenario whereby the children are playing outdoors continuously throughout the day. In that case, the CNEL is 46 dBA at the first floor elevation and 52 dBA at second floor elevations. At location ST-3, noise from children playing in the front play yard (adjacent to the parking lot)was clearly audible and similar in to the noise level of cars on Tassajara with maximum noise levels ranging from 52 to 58 dBA. The CNEL at location ST-3 is 53 dBA presuming continuous use of the play area by children. The CNEL at this location is higher than at ST-1 due to the proximity of Tassajara Road. ��� ., ' i' rr.i o.9-� »7�<G�0':50 FAX�'��E4 0'15 RGDACOU571CS.COM � wtousi�ts '�00 Li�kspur Lar.q�r.�Li�cle z 35' ! Lzrk;pur.�.al t0 3. � � TEL � � 6237 Tassajara Road, Dublin, CA Page 7 Environmental Noise Impact Study 10 March 2016 5. Impact Assessment � 5.1.�ll the project expose people to or generate noise/eve/s in excess of standards established in the/oca/general p/an or noise ordinance, or applicab/e standards of other agencies? Traffic The City's Generai Plan considers a CNEL o#60 dBA or less as normally acceptable for residential development. The existing noise level at homes closest to Tassajara Road (Lots 1 and 17) is a CNEL of 68 dBA. In the future (2035), traffic noise levels are expected to increase by 1 dBA due to increased traffic.' This increase in future traffic will result in a future CNEL of 69 dBA at the closest homes. This is a potentially significant impact. According to MM 3.10/1.0 of the East Dublin SP EIR, an acoustical study must be prepared to show how interior noise levels will be reduced to CNEL of 45 dBA. For exte�ior noise (e.g. pafios), the general plan does not provide specific noise level limits. In the past, the City has adopted a CNEL of 65 dBA or less (which is considered conditionally acceptable) as a goal for outdoor use areas. A noise barrier will be required to reduce noise levels in the backyards of homes along Tassajara Road. The barrier would need to range in height from 6 to 8 feet. This is a significant impact. Mitipation Measure 5.1-1: Require an acoustical consultant review the project during the design phase and verify the following prior to issuance of building permit: a. Exact height, length and location of noise barrier to reduce noise in outdoor use areas to a CNEL that is no greater than 65 dBA. b. Exact window and exterior wall constructions that will reduce interior noise to a CNEL of 45 dBA or less. Noise from Adiacent Quarrv Lane School Proposed residences would be exposed to noise from school activities such as the sound of children playing outdoors. During our site visit we documented the sounds of children playing at the fenced in play area toward the east end of the project site (see discussion in existing noise section for additional information on noise levels). Based on those measurements, the noise from these activities would not exceed a CNEL of 60 dBA under a "worst case" scenario when children were playing outdoors continuously from 7 am to 7 pm. Although the sounds of children playing would be clearly audible, they would not exceed the City's Noise Element standard of CNEL 60 dBA. Therefore, this is considered less than significant. However, it is recommended that future ' Email from Obaid Khan, City of Dublin to Jerry Haag,31 Odober 2014. ��� wtousnes IiGG�arksn���Land�r.y(ireie x S5a Lark;pw.C�litomie;o4g34 j TEL-15 40�OtSG � FAX•>>5�c�7'.1� � RGDACOUSTICS.COM � 6237 Tassajara Road,Dublin, CA Page 8 Environmental Noise Impact Study 10 March 2016 prospective homeowners be made aware of the presence of the school play areas and associated noises of children playing. 5.2. �ll the project expose peop/e to or generate excessive groundborne vibration orgroundbome noise/evels? The project does not include ground vibration sources that would affect the neighboring Quarry Lane residential land uses. Construction equipment generates can generate potentially feelable ground vib�ation. However, the distance befinreen the project site and the nearest buildings (at Quarry Lane School) is 28 feet, and ground vibration from sources such as bulidozers and vibratory rollers would attenuate sufficiently with this distance to a level that could be occasionally noticeable but would not represent a significant risk for damage to existing structures. 5.3. �ll the project create a substantia/ permanent increase in ambient noise leve/s in the project vicinify abovs leve/s existing withouf the project. The main operational noise source associated with the project is traffic from future residents. Tra�c volumes provided by the City of Dublin2 indicates that traffic will increase by 175 trips as a result of the project. The resulting increase in CNEL at existing uses along Tassajara Road would be less than 0.5 dBA. Therefore, this is a less than significant impact. �" 5.4. �ll the project create a substantia!temporary or periodic increase in ambient �.�u> noise/eve/s in the project vicrnity above levels existing without the project Many different types of equipment will be needed to construct the project. This equipment includes excavators, backhoes, cranes, graders, trenchers, dump trucks, laaders, compactors, bulldozers, pavers, concrete trucks, air compressors, pneumatic equipment, roller compaction equipment, hand compaction equipment and other heavy machinery. Construction is not expected to require pile driving. Table 3 presents typical construction equipment noise levels at a reference distance of 50 feet. The noisier activities tend to occur during the grading and foundation phases of construction. After the building shells are constructed, the noise levels are significantly lessened as the activities begin to occur indoors. Most machinery used in the construction of the proposed project produce maximum noise levels of up to 85 dBA at a distance of 50 feet. This includes concrete mixer trucks, cranes, bulldozers, dump trucks, graders, pavers, pneumatic tools, rollers and scrapers. Several of these machines may operate within a small area during the same time frame, and the additive effect of these noise sources must be considered. If three of these machines operate 2 Email from Jerry Haag, 10 November 2014 ��� acousn<s itOC�aik;pw L.and;ng C,rc!e�Sc: j Lark:pui.Callio�nia��93y ; TEl�i_.-s6�•Oi,p � FAX�15�6�t p;�5 j RGDACOUSTICS.COM � 6237 Tassajara Road, Dublin,CA Page 9 Environmental Noise Impact Study 10 March 2016 � simultaneously for a length of time, the maximum noise level produced may reach � 90 dBA at a distance of 50 feet. Table 3: Typical Construction Equipment Noise Levels Equipment Description Lm�(dBA) at 50 feet Backhoe 78 Compactor 83 Compressor 78 Concrete Mixer Truck 79 Concrete Pump Truck 81 Crane 8� Bulldozer 82 Dump Truck 76 Excavator 8� F�ont End Loader 79 Generator 81 Grader 85 Hoe Ram 90 Jackhammer 89 Paver 77 Pneumatic Tools 85 Roller 80 Scraper � Tractor � '��� Warning Horn 83 Welder/Torch 74 Source: FHWA Roadway Construction Noise Model,2006 The East Dublin Specific Plan DEIR includes finro mitigation measures to address construction noise: EDSP MM 3.10/4.0: Developers shall submit to the City a Construction Noise Management Program that identifies measures to be taken to minimize impacts on existing planning area residents. The program will include a schedule for grading and other major noise-generating activities to the shortest possible number of days. Hours of construction activities shall be limited in keeping with Dublin ordinances. The Program for construction vehicle access to the site shall minimize construction truck trafFc th�ough residential areas. If cflnstruction traffic must travel through residential areas then a mitigation plan should be developed. The program may include barriers, berms or restrictions on hours. EDSP MM 3.10/5.0: In order to minimize the impact of construction noise, all operations should comply with local noise standards relating to construction activities. When construction occurs near residentiat areas, then it should be ��� - » rk• u� CO�i%q�n�d 94��9 TEL:1.+o�0150 � FAX�15=04 0775 ! RGDACOUSTICS.COM �cousncs 1�G�J�dr}:SE:w Land:ry Circle a�5' ! La .p . � � . - . . .:.=f. . 6237 Tassajara Road, Dublin,CA Page 10 Environmental Noise Impact Study 10 March 2016 limited to normal daytime hours to minimize the impact. Stationary equipment should be adequately muffled and located as far away from sensitive receptors as possible. Since the project will be required to comply with the aforementioned mitigation measures, construction noise is considered a less than significant impact. 5.5.For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a pub/ic airport or public use airport, will the project expose peop/e residing or working in the project area to excessive noise levels. The project is located outside the Livermore Airport CNEL 55 dBA noise contour. It is also outside the Airport Influence Area and Airport Protection Area (Livermore Airport Land Use Compatibility Plan, 2012). Therefore, the project is considered compatible with the airport land use plan. 5.6.For a project within the vicinity of a private airstrip, will the project expose peop/e residing or working in the project area to excessive noise levels. Not applicable. � " '` ` ��O ecousT�u iIOQ!.ar4spur Lard�ng(:irde�i54 I Lark;pw.Calif�rnia 9»959 � TEL�IS 4Ga 0150 � FAX»ii 46a OliS ! RG�ACOUSTICS.COM � r �� � DUBLIN C /� L IFC; RNIA Wanmei Development Project Mitigation Monitoring and Reporting Program Date June 13, 2017 Project Name Wanmei Development Project PLPA-2015-00023 Project Location The project site is located 6327 Tassajara Road (APN#985-0072-002-00) in the City of Dublin, CA. Project Applicant Hayes Shair Wanmei Properties, LLC 520 Mill Creek Road Fremont CA 94539 State Clearinghouse Number 2016032063 Contact Amy Million Principal Planner City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 Phone: 925/833-6610 amv.million@dublin.ca.�ov EXHIBIT B City of Dublin Wanmei Development Project: Mitigation Monitoring and Reporting Program Page 2 Mitigation NNonitoring and Reporting Program The California Environmental Quality Act(CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation measures(MMs) adopted as part of the project approval in order to mitigate or avoid significant project impacts. The MMRP identifies the following for each MM: Timing. In each case, a timeframe for performance of the mitigation measure, or review of evidence that mitigation has taken place, is provided.The measures are designed to ensure that impact-related components of Project implementation do not proceed without establishing that the mitigation is implemented or assured. All activities are subject to the approval of all required permits from local, State, and federal agencies with permitting authority over the specific activity. Responsible Party or Designated Representative. In each case, unless otherwise indicated, the applicant is the Responsible Party for implementing the mitigation. The City or a Designated Representative will also monitor the performance and implementation of the mitigation measures.To guarantee that the mitigation measure will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. The numbering system corresponds with the numbering system used in the Final EIR. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the MM has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Dublin. The completed MMRP will be kept on file at the City of Dublin Community Development Department. Eastern Dublin EIR Mitigation Measures. By reference, included in this MMRP are the mitigation measures established in the Eastern Dublin Specific Plan EIR (SCH#91103064)that are applicable to the project. _ _. ___ — ( _ _ _° � o �. � � o � � � � c � 3 N a v, �• 3 � o °_'. m r�o 5. �, '� � c. 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'�` � t�"o � � 3 N N � 0 7 Ii 7 > I ------------ --- --. .'�i_.-__. � �C � (aD C � I � i 01 _. � . 3 � : o °� ; 3 � 0o W o r;� p , oo � � � N ? � N ���. � 1 3 3 � 3 � ' � N � iY A �'�. n I�. N � O p O � � �' �` � M I O y � � ----- -------- -._ :._--- n n , � � a O` � �'�� < v�i i v v � o I � � �; , , � f� N > > M Q� �I 7 -w O ... � ._....__ � ' 19 ' I � � � n .di O �I A � � II , � 9 , � � i 01 3 'I � City of Dublin Wanmei Development Project June 2017 Response to Environmental Comments Introduction The proposed project includes redevelopment of the existing rural residential home site and storage yard to allow creation of up to 19 individual lots on the site and construction of one single-family dwelling on each lot. Other improvements would include grading of the site, construction of an on-site private street, open parking spaces, utility extensions, water quality improvements, a noise barrier and road improvements along the Tassajara Road frontage and construction of a new biological barrier along the southern and eastern property lines, all on the project property. Requested land use entitlements include approval of a PD-Planned Development rezoning with related Stage 1 &2 Development Plan, a vesting tentative subdivision map, and Site Development Review (SDR). The project site is located on the east side of Tassajara Road at 6237 Tassajara Road (Assessors Parcel Number 985-0072-002-00). The City of Dublin circulated an Initial Study and draft Mitigated Negative Declaration (MND) on March 17, 2016 for a 30-day public review period that ended on Apri) 18, 2016. CEQA does not require the City to prepare written responses to comments received on a Mitigated Negative Declaration. The City has nevertheless prepared these written responses because of the public interest in the project and to resolve any confusion or misperceptions about the current project. Revised and Recirculated IS/MND Shortly after releasing the MND for public review,the City learned that an active Golden Eagle nest had been discovered adjacent to the property to the east. The draft MND described the potential for Golden Eagle nests in Eastern Dublin generally, as disclosed in the certified Eastern Dublin EIR. However, neither the prior EIR nor the MND discussed potential impacts related to Golden Eagle nests on or near the project site. Based on this new information about the adjacent active nest,the City determined that portions of the biological analysis in the draft MND should be revised and recirculated for public review, pursuant to CEQA Guidelines section 15073.5. The description of the proposed project has not significantly changed as part of the Revised and Recirculated Initial Study. The one minor change to the project applicant has slightly revised the ATTACHMENT 4 City of Dublin Page 2 Response to Comments June 2017 Wanmei Development Project project description to include the construction a secondary barrier all within the project site that would consist of a 4-foot solid block wall with an additional 2-feet of ornamental steel on top. The secondary barrier would be located completely within the project site along the southern property line and eastern property line. All other project features would remain the same. The circulation period for the Revised and Recirculated IS/MND extended from October 22, 2016 through November 22, 2016. Corrections and Modifications These responses to comments also contain clarifications and minor corrections to information presented in the draft MND. In the course of preparing the responses,the City generated new information as well as clarifications and modifications to the draft MND. The City has carefully reviewed the responses in this document against the recirculation standards of CEQA Guidelines section 15073.5. None of the new information, clarifications or modifications in this document requires "substantial revision" of the MND as defined in the Guidelines,therefore the City has determined that no recirculation is required. The following minor changes and modifications are hereby made to the Initial Study document. 1) Revised Miti�ation Measure BIO-1. This measure is hereby amended by reference to read as follows: Mitigation Measure BIO-1. Prior to issuance of a grading permit,the project developer shall comply with the following: a) The existing CRLF barrier along the south side of the site shall be temporarily extended along the eastern edge of the project site so that the site is fully inaccessible to the CRLF during construction. Extension of the fencing shall be coordinated with a biologist approved by the Dublin Community Development Department. b) The temporary extension may be removed once the secondary barrier has been constructed along the eastern property boundary. c) Use of plastic mono-filament netting or similar material for erosion control shall be prohibited on the site to ensure that no entanglements with wildlife occur. 2) Revised Miti�ation Measure BIO-2. This measure is hereby amended by reference to read as follows: City of Dublin Page 3 Response to Comments June 2017 Wanmei Development Project Mitigation Measure BIO-2. a) Project grading and construction shall avoid disturbance to riparian vegetation, including any area under the dripline of riparian trees overhanging into the project site from the tr4butary. If disturbance to riparian trees cannot be avoided, a Streambed Alteration Agreement shall be obtained from the California Department of Fish and Wildlife. b) If demolition,grading and/or tree removal on the project site or within 250 feet of the project site boundaries occur during the nesting bird season (February 1 through August 31), a pre-construction bird survey(including raptors)shall be completed within 30 days prior to initiation of demolition,grading and/or tree removal. If birds or their nests are found on the project site, a 100-foot buffer area around the nest(s) shall be established until the birds have fledged.The width of the buffer may be reduced upon consultation with the California Department of Fish and Wildlife. c) If construction,tree removal or the removal or demolition of buildings is initiated during the bat maternity period (Aprill through August 31),a pre-construction bat emergence survey shall be conducted within 30 days prior to initiation of construction, tree removal or the removal or demolition of any building. Internal entrance surveys shall be conducted if any buildings are to be demolished at any time of year to determine if the building(s)currently or previously supported roosting bats. If bats are found, demolition shall be delayed and the California Department of Fish and Wildlife shall be consulted. 3) New Miti�ation Measure BIO-3.This mitigation measure is added by reference to read as follows: Mitigation Measure BIO-3. Construction of the new, secondary CRLF barrier inside the south side of the property and extension of the barrier inside of the easterly property boundary shall adhere to the following requirement: a) Construction of the new, secondary barrier along the southern and eastern property lines, within the project site,and the temporary extension of the existing CRLF barrier along the eastern property line, within the project site, shall be accomplished without encroaching onto the adjacent conservation easement areas and shall occur during the non-nesting or breeding season for nearby birds. 4) New Miti�ation Measure BIO-4.This mitigation measure is hereby added by reference to read as follows: City of Dublin Page 4 Response to Comments lune 2017 Wanmei Development Project a) All project construction shall occur between July 1 and December 31, outside of the golden eagle nesting season. Depending on the specific golden eagle pair,the Dublin Community Development Director may grant exceptions to this requirement supported by technical information prepared by a qualified biologist that demonstrates that no adverse impacts on the golden eagle nesting will occur based on compliance with subsection (b)of this mitigation measure. b) If project construction is scheduled to commence during the nesting season,the following shall be implemented: i) The known nest site near the project site and other suitable nesting substrates in a .25 mile vicinity shall be monitored by a qualified biologist experienced in golden eagle behavior and approved by the City of Dublin and CDFW to determine whether a nest is active. Monitoring visits shall be conducted starting January 1 and occur weekly at a minimum through June 30 to ensure that the status of the nest (i.e., level of attendance by adult eagles, known or presumed presence of eggs or young) has been determined relative to the proposed project/construction schedule. Project construction shall not commence while the nest is active. If the nest is determined to be inactive, project construction may commence as long as the nest remains inactive as determined by the qualified biologist. ii) If a nest becomes active following the commencement of project construction activities, a qualified biologist shall constantly monitor the nest during all construction activities. If the birds exhibit abnormal nesting behavior which may cause reproductive failure (nest abandonment and loss of eggs and/or young)the qualified biologist shall have the authority to halt all project construction activities. Project construction shall not resume until the qualified biologist has consulted with the City of Dublin and CDFW and it is confirmed that the bird's behavior has normalized or the young have left the nest. iii) Once the nest has become inactive as determined by the qualified biologist, (e.g., following the fledging of young), project construction may continue without continual monitoring and shall revert to weekly monitoring visits, at a minimum. 5) New Miti�ation Measure BIO-5.This mitigation measure is hereby added by reference to read as follows: Mitigation Measure BIO-5. Rodenticides shall not be used outdoors, either during project construction or after construction has finished, unless a biologist City of Dublin Page 5 Response to Comments June 2017 Wanmei Development Project approved by the City determines that there is no other feasible alternative and specific steps are implemented to minimize potential adverse effects on special status species and such use is consistent with Integrated Pest Management (IPM) principles.The governing body of the residential subdivision (e.g., Home Owners Association or equivalent)shall include this restriction in their governing documents (e.g., Covenants, Conditions and Restrictions) which shall be approved by the City. IPM techniques include generally limiting use of chemicals in favor of inechanical control of pests. Failure to comply with this provision shall be enforced by the use of monetary fines. 6) New Miti�ation Measure BIO-6.This mitigation measure is hereby added by reference to read as follows: Mitigation Measure BIO-6. 30 days prior to commencing any grading activities or any other activities that would disturb the ground surface, preconstruction surveys for California Red Legged Frog(CRLF)and California Tiger Salamander(CTS) shall completed by a qualified biologist,as approved by the Dublin Community Development Department, and following the most recent survey protocols by applicable regulatory agencies. If no CRLF or CTS are found to be present,grading activities may be undertaken. If CRLF or CTS are found,all activity on the project site shall cease and both the California Department of Fish and Wildlife (CDFW) and the United States Fish and Wildlife Service (USFWS)shall be contacted. Unless USFWS authorizes relocation, any frogs or salamanders found on-site must be allowed to leave the area on their own prior to commencement of ground disturbance activities. 7) New Miti�ation Measure BIO-7.This mitigation measure is hereby added by reference to protect burrowing owl to read as follows: Mitigation Measure BIO-7. Prior to the first ground-disturbing activities on the site,the project developer shall: a) Retain a qualified biologist, as approved by the Dublin Community Development Department,to conduct two pre-construction surveys for burrowing owl for the entire site.The first survey shall be conducted no more than 14 days prior to ground-disturbing activities and the second completed within 48 hours of ground disturbance.Surveys shall be conducted in accordance with the CDFW Staff Report on Burrowing Owl Mitigation. If the surveys determine the presence of Burrowing Owls on the site,these additional steps shall be taken. City of Dublin Page 6 Response to Comments June 2017 Wanmei Development Project b) If direct impacts to Burrowing Owl cannot be avoided as part of the project,the developer shall implement the following to reduce or eliminate impacts to Burrowing Owl: 1. Avoid disturbing occupied burrows during the nesting period,from February 1 through August 31; 2. Avoid impacting burrows occupied during the non-breeding season by migratory or non-migratory owls; 3. Avoid direct destruction of burrows through chaining (dragging a heavy chain over the area to remove shrubs), disking and cultivation; 4. Develop and implement a worker awareness program to increase worker recognition of owls and commitment to owl protection; 5. Place signs or other marker to ensure construction equipment does not collapse burrows; 6. Prohibit fumigation, use of treated bait or other poisons near owl burrows. c) If avoidance is not feasible,the project developer, developer biologist and CDFW staff shall prepare a Burrowing Owl Relocation Plan that is consistent with the CDFW 2012 Staff Report. Monitoring of burrowing owls shall be implemented as per the Staff Report.The Plan shall include replacement of impacted habitat, burrows and burrowing owl at a ratio approved by CDFW.The Plan shall be consistent with the requirements Of Appendix A of the CDFW 2012 Staff Report.The Plan shall be approved by City of Dublin and CDFW prior to the first ground-disturbing activity. Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback Several comments were received regarding the applicant's request to encroach into the recommended 100-foot setback area from the top of the bank of the creek tributary located south and east of the project site.The project proposes a 50-foot setback from the top of the creek bank to the buildings.The 100-foot setback is recommended under the Eastern Dublin Comprehensive Stream Restoration Program (City of Dublin, 1996) ("Stream Restoration Program").The Program was prepared based on policies and programs contained in the Eastern Dublin Specific Plan and provides guidelines for the protection and restoration of major and minor creeks in the Eastern Dublin planning area. The recommended setbacks may be altered where prevailing conditions warrant a different approach.The purposes of the setbacks are to protect resources relating to the stream, provide a wildlife corridor and protect the stream from erosion impacts. Since as early as 1993, prior to the adoption of the Eastern Dublin Specific Plan,the project site has been utilized as a landscape contracting and storage yard. The following site improvements City of Dublin Page 7 Response to Comments June 2017 Wanmei Development Project are or have been located within the 100 foot setback area: a single-family home,a garage, several storage sheds, asphalt concrete and various concrete flatwork, a large concrete slab towards the rear of the site, wooden fences,trailers, and a herpetological fence consisting of a sheet metal barrier attached to a standard chain-link fence.The contracting yard use included daily trips by flatbed trucks, excavators, bulldozers,and dump trucks to move hundreds of cubic yards of dirt, gravel, organic matter, planting, wood chips, pavers, and bricks for storage on-site and transportation off-site. The herpetological fence was constructed in 2007 as part of the restoration of the stream adjacent to the site in accordance with the Stream Restoration Program. The fence was � ', constructed to prevent wildlife from accessing the adjacent developed site and protect the. steam from the existing contracting and storage yard.The fence is within the 100-foot setback area.The majority of the site, except for the northeast and northwest corners, is located within the 100-foot setback area. The above facts, including the already-completed restoration of the stream adjacent to the project site and the presence of the fence, establish a basis for an exception to the recommended 100-foot setback area under the Stream Restoration Plan.The project proposes a 50-foot setback to the edge of buildings. The proposed project includes a roadway and related improvements within the 50-foot setback area. Commenters raised issues with respect to potential impacts of the project on biological resources within the adjacent creek tributary as well as potential erosion and water quality impacts from the project on the adjacent tributary due to encroachment into the recommended 100-foot setback area. The proposed project's development within a portion of the recommended 100-foot setback area would not result in any significant impacts on biological resources or water quality of creek tributary for the following reasons: • The creek tributary adjacent to the site has already been restored pursuant to the City of Dublin Comprehensive Stream Restoration Program in 2007 under the direction of a qualified biological resources firm. • As part of the approved restoration project, a six-foot tall chain link fence with a 4-foot tall sheet metal barrier was installed on the north property line of the creek tributary as part of the restoration project to preclude special-status wildlife species migration onto the project site from the adjacent creek tributary.The fence also prevents the use of the site as a wildlife corridor.As documented in the Revised and Recirculated Initial Study/Mitigated Negative Declaration, a secondary exclusion fence would be built entirely on the project site with no construction occurring within the creek tributary. City of Dublin Page 8 Response to Comments June 2017 Wanmei Development Project • The project site has been highly disturbed since at least 1993,the earliest site aerial photos available.The site is developed with a single-family dwelling, a garage, several storage sheds and several large concrete slabs.The site has historically been used for storage of landscape and building materials, much of which continues to the present time.The site is subject to continuous use by heavy and light trucks, autos and other mechanical equipment as part of storage uses. • Based on two recent surveys of the site by qualified biologists, no rare,threatened or special-status wildlife species have been observed on the site. • Should the project be approved by the City of Dublin, a number of Mitigation Measures included in the Initial Study/Mitigated Negative Declaration would be required to protect special-status biological resources from potential impacts by the project, including resources within the adjacent creek tributary.These include BIO-1 (Construction of the new, secondary CRLF barrier inside the south side of the property and extension of the barrier inside of the easterly property boundary), BIO-2 (protection - of riparian vegetation and nesting birds and bats), BIO-3 (prohibits encroachment into adjacent creek tributary for construction of the CRLF fence) and BIO-6 (requires preconstruction surveys for potential presence of CRLF) and other applicable mitigation measure required under the EDSP EIR. • The project includes plans for water quality and protection plans, subject to approval of the City of Dublin, to ensure that no polluted runoff or erosion would enter the stream. Proposed plans include the use of vegetated swales along the proposed road to filter pollutants from stormwater. Following this initial cleansing, stormwater would flow into a water quality basin to remove any remaining pollutants prior to entering the City's local storm water drainage system.Thus,there would be no erosion or pollutants from stormwater run-off entering the stream. • As documented on page 56 of the Revised and Recirculated Initial Study/Mitigated Negative Declaration,the development portion of the project site has been determined to be outside of the 100-year flood hazard area.This determination was made at the time the adjacent creek tributary was restored in 2007. • Also, as documented in the Revised and Recirculated Initial Study. Mitigated Negative Declaration and this document,the Stream Restoration Program allows for a reduction in the 100-foot setback from the top of bank for creek tributaries in certain circumstances. Based on the factors cited above,the project's reduction in the setback is allowed under the Program. City of Dublin Page 9 Response to Comments June 2017 Wanmei Development Project Comments Received For Initial IS/MND The following comment letters were received by the City during the first 30-day comment period (March 17, 2016—April 18, 2016). Commenter Date Federal Agencies none State Agencies 1.1 Office of Planning and Research 4/22/16 1.2 California Department of Fish &Wildlife 4/18/16 Local Agencies 2.1 Alameda County Public Works 4/8/16 Department 2.2 Dublin San Ramon Services District 4/18/16 2.3 East Bay Regional Park District 4/18/16 2.4 Alameda County Flood Control &Water 4/20/16 Conservation District-Zone 7 Interested Persons/Organizations 3.1 Christopher Page 4/17/16 3.2 Kerrie Chabot 4/18/16 3.3 Stuart Flashman 4/18/16 3.4 Patricia Curtin 4/21/16 3.5 Colleen Lenihan 4/22/16 Copies of these letters with City responses follow. y�Of YIU�r,. Je`�'�,�,��' p�` 'rC� �� ' r STAT� Ol� CALIFORNIA � �C�� 'w.� . : ' GQVERNOR'S OFFICE of PLANI�ING AND RESEARCH �.��l� r,., �. STEITE CLEARTNGHOUSE AND PI�ANNIIVG UNIT '�'AaFent EDMUND G.BR01NN JlZ. �'���' Iv'SN;?[Tl GOYERTFOR ��+���..�7)t:>.[i'1•��r Apri122,2076 �'�r�j�, „ ��'�� 4� ����� 8��,s �:� ! '✓�:) Marnie R.Delgado ������r;i, Ciry of Dublin "'�'(a ioo c�Y��P�� Letter l.l� • Dublin,CA 9456$ Subject: Wanmei Properties,LLC SCH#: 201603206? Dear Mamie R.Delgado: T'he State Clearinghouse submiaed the above named Mitigated Negative Declaradon to selected state a�encies for review. On ihe enclosed Document Details Report please note that the Clearietghouse has listed the state a?encies that reviewed your documeni. The review period closed on Apri12t,?016,and the comments&om the respnnding agency(ies)is(are)enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to ihe project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21144{c)of the California Aublic Resources Code states that: "A responsible or other public agency sha1)only matce substantive commenu regarding those acrivides invoived in a project�vhich are�aithin an area of expertise of the agency or which are required to be carriad out or approved by the agency. ?'hose comments shaIl be sapported by specific documenffition" These comments are forwardec!for use in preparing your final enviroamentai document. Should you need more infonnation or clarification of tbe enciosed comments,we recommend that you contact ti�e commentin�ubency direct}y. This letter acknowledges that you havc compiicd with the State Clearinghousc review requirements for draft environmental documents,pursuant to the Califamia Environmental Quality Act. Please contaat the Stafe Clearinghuuse at�916}4•l5-Obt3 ifyou have auy questions regarding the environsnental review process. Sincerely, . ;� �' �;';":•,:,�"ar'�'t.--- ,c/' �-,?`^'Y� ,+�r. .y.. �w Scoit Morgar� � 5y� Direccor,State Clearinghouse �nclosures cc: Resources Agency 14001Dth Street P.O.Box 3044 Sacramento,Califomia 95812-3044 (916)445-0613 FAX(916}323-3018 www.opr.ca.gov Documenf Detaiis Report State Clearireghouse Datat Base scr�# 2a�sos2uss Pra�ect Titie Wanmei Prope�fies,LLC Lead Agency Dubiin,City of Type MND Mitigated Negative Declaration Descriptlon Proposed subdivision of 2.64 acres of land into 181ots and construcGon of one�ngle family dwelling on each lot. Other improvements inclurJe construction of a private roadway lhrough the approximate ceMer of the site,provision of on-site guest parking,on-site landscaping frontage improvemenfs atong Tassajara Road,construction of a water quatity basin and utility extensbns. Lead Agency Cantact Name Mamie R.Delgado Agency Clfp of Dubiin • Phona 925-833-6610 Fax emaJ! Address 100 Civic Plaza City Dublin State CA Zip 94566 Project Location Counry Alameda Cfty Dublin Regfon Lat/Long 37°43'35.65"N/121°52'16.02"W , Crnss Streefs East side of Tassajara f2oad&South of 5ilvera Ranch Drive Pancel No. 985-0072-OU2-DO Township F2ange Section Base Proximity to: NFyhways 580 Airpolts Rallways Waterways Tassajara Creek&tributary{Kobold Reach) 5chools Quarry Lane{P�ivate) • Land Use The site is designated far Medium pensity Residenfial in the General Plan and Eastem Dublin Speciflc Plan,THe site is zoned PD Project/ssues Aesihetic/Visual;Agricultural Land;Air Quality;Archaeologic-Hisforic;Drainage/Absorption;Flood PlainlF'looding;�eologic/Seismic;Minerals;Noise;Populatian/Housing Satance;Public Services; RecxeatioNParks;Schools/Universities:Sewer Capaaty;5oil Erosion/CompactioNGrading;Sotid Waste,TaxicMazardous;TrafficlCircutalion;Vegetatio�;Water Quality;Watar Supply Revlewing Department of Fish and Wildiife,f2egion 3;Department of Parks aod Recreation:Department of Water Agencies Rssources;Califomia Highway Patrol;CalErans,District 4;Air Resources Board;State Water Resources Control Board,pivision of Drinking Water;Regional Water Quallty Control 8oard,Region 2; Resources Agency;Native American Herftage Commission Date Recefved 03/23/2016 Start of Revlew 03/23/Z016 End of Review 04/21/2016 fVote: Blanks in data fiefds result fram insufficient informetEon provided by lead agency. City of Dublin Page 12 Response to Comments lune 2017 Wanmei Development Project Letter 1.1: State of California Office of Plannin�and Research, State Clearin�house Response:This comment is acknowledged and no additional response is required. � 5tate of Caiifomia—?'he Naturai Resources Aqencv EpMUND G.BROWN JR.,Governor �� � DEPARTMEN7 OF FISH AND WILOLIFE CHARL7'ON H.BONNAM,Dlrector '"�' �' Bay Deita Region ; � 7328 5ifve�ado Trail L�€� Napa, CA 94558 ,� '" (707)9445500 �Z�"� www.wildiife.ca.aav � Apri1 18,2016 Letter 1.2� ���c�o��i�,,,,,,,,,,� �arn• Ms. Marnie R. Delgado,Senior Planner +��i� j r.�;,1�f,, Community Development Department �T��� Ciry of Oublin 100 Civic Plaza ���'�'y�USt Dubf�,CA 94568 Dear Ms. Daigado: Subject: Wanmei pevelopment Project initial Study/Mitigated Negafive Declaration, SCH#2016032063, City of Dubiin,Alameda County i"he Catif�ia Department of Fish and Witdlife(CDFlN)has reviswed the Initiat Study/AAitigaied Negative Declaration(ISIMND)for the Wanmei OevelopmeM Project(Pmject). CDFW is providing comments on the IS/MND as a Trustee Agency and Responsible Agency. CDFW is a Trustee Agenoy pursuant b the CaNfomla Env�ronmental Qualiry Ac#(CEQA) 1.2.1 Section 15386 with responsibility under CEQA for commenting an pro;ects that could affect biological resources. As trustee far the Sta#e's fish and wildlife resources,CDFW has jur�sdiction oVer the conservation,p�otection,and management of tha fish,wildfife,t�ative ptants, and the habitat necessary ior biologically sustainable populations of such species for the benefiE and use by the people of California. CDFW also acts as a Responsible Agency pursuant to CEQA Sectinn 15381 if a project requires discretianary approval,such as issuance of a California Endangered Species Act{CESA}Incidental Take Permit{ITP}[Fsh and Game Code (FGC)section 2080 et seq.�, or Lake or Strsambed Atteration Agreement{LSAA}{FGC section 1fi�0 et seq.). Under CESA, CDFW has regulatory authority over aativfiiss that could result in take of a species tisted,or is a candidate far listing,by the State as fhreatened or endangered. lf the proposed Ptoject or activitias could resu{t in take af a state listed or candidate species,the Projeci proponent(Wanmei Praperties,LLC}shouid appiy for an ITP for the Project. Fish and Game Code Section 86 defines take as"hunt,pursue,catch,capture,or kill,or attempt to hunts pursue, catch, capture,or kill". Under the LSAA Program, CDFW has regulatory authority over projects that could divert or obstruct the natural flow,or subs4antiafiy change or use any material from the bed,bank or channel(which may include assocEated riparian,wetland and pond habitat)of a river or stream. CDFW may require a LSAA with the Pro}ect proponent,fof activities proposed in or near streams,wetlands or ponds located within the Project area. CDFW has jurisd(ctlan over actions that may�esult in the disturbance o�destruction of ac#9ve nest sites ar the unauthoriaed take of birds. �sh and Game Code sections protecting birds, their eggs and nests 9nclude 3503(regarding unlawful talce,possession or needless destruction of the nests or eggs of any bird),3503.5(regarding the take, possession or deskruction of any Conserui�zg CaCfornia's�Nif CC'fe Since 18T0 Ms. Marnie R. pelgado April 18,2016 Page 2 birds-of-prey or their nests or eggs},and 3513(regarding unlawful take of any migratory nangame bird), Species designatecf as Fully Protected may not be takan or possessed at any time{F(sh and Game Cade Section 3511). COFW is submitt�ng comments on the IS/MND as a means to infom�the City of Dubiin(City),as the i.ead Agency,of our concems regarding sensitive species and their habitats,including we�land and riparian resources which could potentialiy be affected by the Project.On Aprit 5, 2016,the Cify notifled CD�W the deadline to submit comments was extended to Apri12'I, 2016. Project Location and L3esariptton Tha proposed Project is located on the east side of TassaJara Road, suuth of the Quarry l.ane 1.2.2 School and north of the Northern Drainage Conssrvation Area(NCDA)and a t�3buEary to • Tassajara Creek. The strest address ls 8237 Tassajara Road in the City of Dubiin,in Alameda County. The Pro]eat site is approximately 2.65 acres. The site contains native and introduced iree and othet vegetation spedes a�d has been historically used as a landscape contracting business with vutdoor starage. The site has one single family stnacture and a number of accessory outbuiidings. 7he prop�sed Project inctudes subdlvision of the site to create up to 19 individuaf Iots and consiructlon of 19 single-famfly dwellings along with a single access road u�th sidewalks fram Tassajara Road. Biologicaf Resources CDFIN is concemed that the IS/MND does not provide adequate avoidance, minimizetlon, and 1.2.3 mitlgation measures for special status spedes such as Calliornia red-legged frog(Rana draytoni�and gotden e�yles(Aqulla chrysaefosj. California red-legged frog is federally listed as threatened and a Califomis Species of Spedai Concem. Golder�eagles are listed as fully protected by F�sh and Gama Code section 3511 and is a CDFW Bird Species of Special Concern. Nesfs and eggs are protec#ed by the Fish and Game Coda s�ctlons 3503 and 3503.5. Fully Protected spscies may not be taken or possessed at any tlme so potentlsl impacts to these spacies must be avoided. Failure to adequately consfder potenNal(mpacts of the Project on specia!-siatus species and the requirements of at!Eheir HFe histnry stages may lead to etiminatlon ar reduction nf local populations. In an email from the City to CDFW,dated April 5, 2016,the City acknowiedged that its staff is 1.2.4 aware of a new gotden eagie nest which has been constructed this year within 30Q feet of the Project location, in the NOCA. However,the IS/MND daes hot include appropriate and eifective take avoidance measures for nesting galden eagles closs to the Project laaation. CDFW is providing the following recommendatlons to avatd lmpaaEs to golden eagtes: o The i'roj�ct proponent should consult with a blologfst/omifhoiogist,experisncsd in golden eagle behavior and approved by CDFW to provide basellne data and advise the proponent with scheduling ProJect aa�vlties. o Project construction should be limifed to oulside the nesting season,typically August- January, depanding on the speciffc gotden eagfe palr. Ms. Mamie R.Delgado April 18,2096 Page 3 o A quali�ed biolog[ca!monitor experiencsd in golden eagle behavEor and approved by CDFW shouki be assigned to monitor the bet�avior of gotden eagles and other raptors nesting within disturbanoe distaaoe cf the Projed activiUes. Even within speaes, dfsl�rbenc;e dis�ancss can vary acoa�cling ta tlme af year ar geographka!faca�on. The ' b�ologlcat monitor should have authority to order the�essation of all ProJed at�Ivities wlthln disturb�nce distance cf any raptor nesf if the blyds exr+ibit abnormal nestina behaviar which may aause rsproductive faiEure tnest abandonment and loss of eggs and/ar young). Abnarnet nesting behevlors whioh may cause reproductive i�arm include,but are not qmited to:defenslvs flightshrocaAzations direr�ed towards p�+oject personnsl,starMing up from a txood(t�positlon,tnterrup�ed feeding pattems,and flying away from the nesL Project activltiss wkhin Ilne oi sight of the nest shoald nat resume until�ti�e bialogkcat monitor has oonsutted with CDFW and both the blologicaf maqitor and CDFW coMirtn that#he bird's behav�or has nnrmalized ar tha ycwng have leff the nest o Use of roden#iddes at the constructlon site and housing devebpment should be prohibited. Use of pesticldes or rodsnticides is aiso not reoommended in ar+eas where raptors are foragfng, breed�ng,or nesting. Second�eneratton rodenfiicides such as brodlfaoo�n are used widely in!�e United States to kill rats and ofher rodents. � � Unfortunateiy,t�ey also kiil many raptors,whiah are attracted to the pnisoned roderrts as they are in their flnal stages of death. o t3oklen esgles and reptors in general show high site fldelity to a nest tree. PubEic acvess r�ear the nest tree shoul@ be Iimited and dis�ursged du�ing oonstruc,ticn and du�ing future�stlng seasons. Catifomia red-lagged ftogs can also spend prolonged dme in small mammal buROws(D'Amore 1.2.5 i 200T;Tatarian 2008).The U.S. Fish and Wlld(Ife Service{USFWS,2010)designates an upper protecttve bufFer Ifmit of one mile. Minimum distances around aquatic habitat should be detern3lned by local known dispe�sal distances. Activities that wil!decrease ground squimel populatbns.fmpede mnvement,or cause take of Cstifomie red-fegged f�gs in uplands are advised to afso be avalded. CDFVY also recommends a qualified biologic�l monEtor experienced (r�the Iden�cation�nd life history af Calffornia rec!-legged frogs be on-site duririg demolit'ron . - and remava!of existing strudures or canteirers c�crently 1n fhe ProJed areg. Unless USFWS ° authorizes rebcatlan,any frogs found on-sft�rnust be alloweci#o leave fhe area on fheir own.� , The IS/�AND notes that the Eastem Dub�n Comprehenslve Stream Restoration Progrem 1.2.6 ; requ(res a 100 foot setback trom maf or tributarles and a 5Q foa-setbeck from minor tributaries. � However,the Project propos�an"average structural setback"af 50 feetfrom the tap of the � bank of the tributary wiihtn the NCDA. A 50-foot setbac�ic from streams rnay be adequate In some cases;however.the topography,adjaoent land use,and spedes use musf also bs taken tnto consideratlon and a larger setback or a minimum 50�oot setbadc,not an avsrage,incfuding roads and firsils is res:ommended to prevent sedknen#and polluFaMs irom enfs�ing the streams and tc protect spedes from InJury or death. F�ccessive erosion from roads and runoff ftom haMscape can cause amphiblan breedEng pQnds or sUearrts fo flll with sedlment andior smother amphibian eggs or result in a shortened hydroperiod resutfing in death of tarvare before metamorphosis can be completed. ' i . i � Ms.Mamie R. Delgado April 18, 2016 Page 4 Conclusion COFVti/is concwned that Project as descdbed in the IS/MND cauld resui#in the"take"of speaes 1.2.7 , ; listed by the State as fulEy protected,or may require an LSAA. CDFlN recommends that the City - consuft with CDFVV permiiting staff and apply far any necessary State permits� � Issuance of an LSAA is subject fo CEQA. CDFW recommends the Clty work with CDFW,as well as other resaurce agencies,to address the issues identfied, and in devetoping mifigation measures that are capable of reducing impacts to less-than-s;gni�cant. CDFW recommends tha#the MND be revised to address our conoems and incorporate our recomrr�endations. If you have any questions,pisase cantact Ms. Marcia G�efsrtad, Enrriranmefttal Scientist,at (707)6442817;or Ms.8renda Blinn,Seniar�nvironmental Sdentist(Supervisory),at {7p7)844-5541. Sincerely, /G(�f�(.l�Laa`--` SCOtt WUSOn Regional Manager Bey Detta Region cc: State Clearinghouse Ryan Ola�, U.S. Fish arxi Witdlife Service—Rvan Olah iws.�ov Ca#hy Little,Center for Naturai Lands Management--clittle(�cnlm.ora References D'Amore, A.J.2007.Conservation of Cai'rfo�nia red-legged frags:distributEon carrelates,.spatial dynamics and behavforai interactions with an invasive species.Ph.D.thesis,University of Califomia, Santa Cruz. 154 pp. Tatarian, P.J.2008. Movement pattems of Calffornia red-legged frogs(Rana draytoni�)in an inland Califomia environment. He�etological Conseniation an2t Biology 3(2): 155-189. U.S. Fish end Wiid!'de Service(U$1=WS):2010. Endangered and'Tt�reatened Wildtlfe and Plants;Revised Designatlan of Critical Habitaf for the Catifomia Red-Legged Frog. Federal Regisier T5(51): 12816-12959. .Availabte URL aGCessed 6/13/2093 htta:l/www.ypa:novffdsvs/searchZ�itation.result.FR.action?federa(Rec�ister.vo ume=2090 &federalResifster.aaqe=128�16&�ubiica�lon=F'�t City of Dublin Page 17 Response to Comments June 2017 Wanmei Development Project 1.2)State of California Department of Fish &Wildlife Response 1.2.1:This comment is acknowledged. Please see the following responses regarding potential project impacts on biological resources, including those regulated by CDFW. Additional information on potential biological resources impacts and mitigation measures are included in the Responses to Revised and Recirculated IS/MND section,following the responses to the original IS/MND. Response 1.2.2:The description correctly summarizes the IS/MND.This comment is acknowledged and no further response is required. Response 1.2.3:This comment is acknowledged.The commenter provides more detail on its concerns for CRLF and golden eagle under Comments 1.2.4 and 1.2.5, respectively, which are addressed in related responses below.The commenter is also directed to the responses to the Revised and Recirculated IS/MND,following this response section. Response 1.2.4:The City became aware of this nest near the project site after release of the IS/MND in March of 2016.The City revised and recirculated portions of the IS/MND to identify, analyze, and mitigate potential impacts to the newly discovered golden eagle nest. The revised and recirculated discussion, see the following section of this document, considered and included commenter's recommended mitigation measure to the fullest extent feasible. Response 1.2.5: City believes that the biological analysis prepared as part of the Initial Study is based on the most current standards published by the California Department of Fish &Wildlife and provides adequate mitigation measures to protect red-legged frog species that may be located on a portion of the Northern Drainage Conservation Drainage located immediately south of the proposed project. Proposed project elements include constructing a new herpetological exclusion fence along the southern boundary•of the project site to preclude migration of red-legged frogs and red-legged frogs onto the project site and to prevent human activity on the Conservation Drainage property. In addition, adherence to Mitigation Measure AES-1 would prohibit spill-over of project generated light and glare onto the adjacent Conservation Drainage property. Surveys of the Northern Drainage Conservation Area upstream of Fallon Road have detected red-legged frogs.The closest recent observation has been from a series of step pools in the creek located approximately 4,100 feet (0.78 miles) away. The drainage adjacent to the project site has ephemeral to intermittent flow and provides only a movement corridor for CRLF when water is present.There are no deep pools that could provide useable habitat for longer-term occupancy, or breeding. MM BIO-3 in the original and Recirculated and Revised MND ensures that extension and upgrading of the existing barrier along the southern and eastern boundaries of the project site, as document in the introductory section of this document,will not have a City of Dublin Page 18 Response to Comments lune 2017 Wanmei Development Project significant impact on the adjacent offsite tributary and any CRLF that might inhabit areas off the site. To augment the mitigation protection during on-site construction activities,the City's peer reviewer recommends adding a mitigation to provide an on-site biological monitor to prevent harm to species during demolition and removal of existing structures. This recommendation was added to MM BIO-3 in the recirculated draft MND. Based on the biological analysis prepared by the firm of LSA and peer-reviewed by WRA(both documents attached to the IS/MND)the project site provides minimal upland habitat for CRLF species. However,to ensure that no significant impacts occur to CRLF species, the Revised and Recirculated IS/MND contains Mitigation Measure BIO-6 that requires preconstruction surveys of the site immediately prior to start of construction. If CRLF individuals are identified,they shall be allowed to leave the site on their own. Response 1.2.6:As noted in Response 1.2.5,the adjacent tributary does not provide suitable breeding habitat for CRLF, so the project will have no effect on amphibian eggs or larvae. Preventing erosion and pollutants from harming the water quality and aquatic resources in the tributary would still be a concern but with the proposed onsite treatment basin and compliance with water quality regulations,there would be no potential for significant impacts from runoff even with the reduced setbacks.The commenter is directed to Section 9 of the IS/MND, Hydrology and Water Quality. Subsections "a" and "c" of Section 9 document that potentially significant impacts related to stormwater runoff from the site with the possibility of exceeding water quality standards or increasing the amount of polluted runoff was addressed in the Eastern Dublin Environmental Impact Report, cited in the IS/MND.The IS/MND states that the City of Dublin enforces Best Management Practices required by the Alameda County Clean Water Program and the federal Clean Water Act to limit runoff of stormwater and especially polluted stormwater off of the site.This will be implemented on the site by the construction of an on-site water quality basin on the lower topographic portion of the site. Additional protection from potential impacts of polluted stormwater from the site is provided by adherence to Eastern Dublin EIR Mitigation Measures 3.5/44.0 through 48.0.These require the project developer to prepare and have approved by the City a storm water master plan and upgrade drainage facilities to limit off-site water runoff. The commenter is also directed to the Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback, above. Response 1.2.7:The need to obtain a LSAA is noted on page 13 of the IS/MND. The City's Public Works staff is responsible for implementing and enforcing federal and state water quality standards and is satisfied that the project water quality treatment basin and the mitigation measures in the EDEIR and MND have adequately addressed and mitigated any potentially significant impacts. City of Dublin staff and project developer will consult with CDFW staff City of Dublin Page 19 Response to Comments June 2017 Wanmei Development Project throughout the process of obtaining this permit.The City consulted with CDFW as part of the development of the MND. Response 1.2.8:The MND provides the CEQA coverage for any future LSAA issuance needed as part of the Project. CDFG is a responsible agency for the Project under CEQA.Also see Response to 1.2J. .:> CONSTRUCfIONANDI�EiIIIAPM�11T5fl�VICESDEPAR'i�1V�MT cansau�aor,s�s(�o76�o-�so �FAX(S10)732-51T3 � t� DevelopmetrtSetvioes(510J670-C�GOl• FRX(510}G70-5269 , / Public Works Agc�ncy Uva'elbVa'desa�e�Phl�P.�Uirr�r ,-1larrtccla Gountv — 951'Itunec'CAUrt•Haytnrazr3.CA 99545-2698•rc�acgotl.otg/p�va April 8,2016 Marnie Delgado ����^*��r�'�-���� Community Developrnent Department ciry ot nubt�r► Letter 2.1 � AP� � J� �' ;J-.h. �oo c��ic p�� D� Dublin,CA 94568 ������.w�1,�•����v� Dear Ms.Delgado: Subject: Wanmei Properties,Inc.-Notice c�f intent to Adopt a Miti�atc-d Negative Declaration Refecence is made to yawr transinittal on March 23, 2016, of the Notice of Intent to Adopt a Mitigated Negative Declaration for the Wanmei Properties, lnc. Flanned Development Rezone, Vesting Tentative.11�tap a��d Site Development Review, located at 6237 Tassajara Road in tlie City of Dubliu. Per our cursory review of the transmitted material, we hereby �ffer the following comments regarding stoi�n drainage that should be considered in the determination of project status: 1. Although �he project site is located in Zone 7, runoff u(timately drains to the Alameda Creek 2.1.1 Federal Project in westen3 Ala�neda County. This Qood controi Facility is�naintained by the Alacneda County Flood Contro) District. The District is concemerJ ��vith augmentation in rur�of� from the site tliat may impact flow capacity in the Fedaral Project and 'un the watercoarses betv��een the site a��d ihe Federal Project,as well as tlye p�tential for runoff from the prajeet to inerease ihe rate of erasion along thase same watercourses that could cause localized damage and result in deposition of silt in the Federal Projeci. There should be no augmenta.tion in runofi�quantity or dui�ation from the projecC site that wiil adversely impact da�vnstrea�n drainage facilities. 2. Any proposed development of fl�c propctty should pmvide me�u.aurec t�prcvent the disch.arge 2.T.2 of contacninated maCerials into public storm drai��age facilities. Storm Wafer'Quality Control issues must be appropriateEy adclressed. lt is the responsibility of the ApplicanE to comply with the RWQCB's C.3 requirements and other Federal or local water qualiry standards and reoulations. Thank you for tl�e opporhutity to review the Notice of Inlent to Adopt a Mitigated Ne�ative Declaration for d�is project. Tfyou have questions,plsase call me at(510)670-5209. Very truly yours, ., . Ro e rie Lean Assista t Ei i�eer Construction&Development Seivices °7 b Ser v2 uncl Pr eser v�Our Comm t tniily�' City of Dublin Page 21 Response to Comments lune 2017 Wanmei Development Project Letter 2.1: Alameda Countv Public Works A�encv Response 2.1.1 The comment identifies general concerns regarding the duration and amount of runoff. The commenter is directed to Section 9 of the IS/MND, Hydrology and Water Quality. Subsections "a" and "c" of this section document that potentially significant impacts related to stormwater runoff from the site with the possibility of exceeding water quality standards or increasing the amount of polluted runoff was addressed in the Eastern Dublin Environmental Impact Report,cited in the IS/MND.The IS/MND states that the City of Dublin enforces Best Management Practices required by the Alameda County Clean Water Program and the federal Clean Water Act to limit runoff of stormwater and especially polluted stormwater off of the site. As part of the normal and customary development review process, the City required the project applicant to submit a detailed hydrology and drainage study consistent with City of Dublin and Zone 7 requirements to forecast total and peak project runoff.This information,which was � carefully reviewed by the City Public Works Department and was used to size the on-site drainage basin to minimize site runoff, pollution and erosion off of the site.This will limit deposition of project-created runoff into off-site Federal drainage ways. Additional protection from potential impacts of polluted stormwater from the site is provided by adherence to Eastern Dublin EIR Mitigation Measures 3.5/44.0 through 48.0.These require the project developer to prepare and have approved by the City a storm water master plan and upgrade drainage facilities to limit off-site water runoff.The applicant is working with the Dublin Public Works Department to implement water quality measures to comply with this Eastern Dublin EIR mitigation measure.Also see Response 2.1.2. There would therefore be minimal, if any, increase in the amount of project runoff quantity or duration that could impact Alameda Creek or other downstream drainage facilities. Response 2.1.2:The commenters state that the project should prevent contaminated material from being discharged into the public storm drain system will be enforced by the Dublin Public Works Department.The Department will require that the project developer and future homeowners adhere to both construction and post-construction Best Management Practices (BMPs)to protect local water resources.This would generally require frequent sweeping of parking lots, covering of exterior solid waste and recycling containers and on-going maintenance of the water quality pond and related water quality features. Any proposed development on the property must provide measures to prevent discharge of contaminated materials into the public storm drain system.The applicant is required to comply with the Regional Water Quality Control Board's C.3 water quality requirements as well as other federal and local water quality standards and regulations. Dublin 5an Ramon 7651�ubtin Boulevard phone(925)828-0515 SBNKtS DiStCitL Dublin,CA 94568-3018 fax(925)8Z9-T 180 dVater,u�cstewatu,ierydedwatn www.dsrsd.tom Apr+l 18,Zoa.e Letter 2.2 ; Marnie R.Delgado,Seniar Planner City of OubNn Community Development Department 100 Civtc Plaza Dublin,CA 94568 Subject: Comments on In�tia!Study/Mttigated Negettve Declaration for Wanmel Properties,lac.Pianrted bevelopmem Rezone,Vesting i'entative Map and Site Development Review(PLPA 2U15-00023) � Dear Ms.Delgado: Thank you for providing Dublin San Ramon 5ervices Oistrid�DSRSDj the opportanity to revfew artd comment on the lnitial Study/Mitigated Negative Declaratian for Wanmei Properties,Inc.Planned Development Rezone,Vesting Tentative Map and SKe Development Review. i'his study analyzes the Impact of anticipated small changes to the land uses plartned far the Wanmei Development Project located at 6237 TassaJara Road in eastern Dublin. OSRSD has a signifitant role in the area to be developed by the Project. Our agency took note oE the IEst of ernlronmerrtaf issues cavered by the tn(tfal5tudy/Mitigated Negative Detlaration. We have instuded our comments below on the envir4nmenta!topla that f�ar on our agencys responsibiiities in ihe area of the Projecrt. Land Use ond Plannina 2.2.1 6enerally,�SRSD serves as the potable water,recycled water,wasiewater collection and wastewater treatment uCtliiy for the area of the Project and surrounding areas. As the provlder for these utilities,OSRSD is responsible for the plannE»g and developme�t of the infrastructure necessary for those services. Our intent is ta ensure the infrastructure is adequately planned to rneet the interim as well as the uliimate build-aut needs of the area. Specifically,the study contirms that the development project wNl conform to the General Plan land uses outlined in the eastern Dublin E1R. The study states that the propased development irtcfudes up to 19 medium density residentia!units. OSRSD agrees with the conclusions on pages 48 and 49 of thls study that there wouid be no new significant impacts than have been analyzed in the prevtous CE4A documents;the eastern Dublin EIR. DSRS�is the utillty provider for the currently developed sections of Dublin surrounding the Project The development for the Project must be done in a way that does not disrupt or elfminate the services fo�the active portions nf the City of Dubltn near the Project. Those services are to remain ongoing th�oughout the cans#ruction and completion ofthe ProJect_ Pora6le WaterSu4plv and Servlce Generally,the wholesale prov�der for the District is Zone 7 Water Agency. Zane 7 provides potable water to 2.2.2 'i retailers in the'C�i-Valley area including DSRSO,�ty of Pleasanton.Ci#y of tivermore and California Water Campany (also fn Uvermare). Zone 7 provides wholesale water to the Trl-Valley area and regulates the withdrawal and recharge nf the underlying groundwater. Zone 7 prepares a Sustainable Wate�Supply Report annually. 7fte mast recent Sustainable Water 5upply Repart should be used as part of the basis for determination of availabla water supply#or future water demand. Speciflcaily,DSRSD will provide potabie water to the Project. OSRSD agrees with the conctusfon of ihe sCUdy on page 58 that states a sufficFent tong-term suppty-of water can be supplied to tha development sfte and tbat future i}ublia San Ramon 7051�ublin Boulevard phone(925)878-OSIS s@CV�CES�IStI'l{t Dublin,CA 94568-3018 fax(925)829-7i$0 ►Yater,wastewatu,rccydedwote www.dsrsd.com Mike Porto Sept�nber 15,2015 Page Z of 2 dwellings tonsVucted as parC of the projeet may be suhject to water limitations based on future drought condltipns�similar to all ather DSRSD water users. Recvcied Wa�'grSup,ply and5ervke Generaily,DSRSD provides�ecycted water service to seetions of the City of Dublin araund the Vroject. DSRSD�rns �.2.� and aperates a facilFty for recovering recycled water at its wastewate�trsatmeat plant at 7399 Johnson Drive in Pteasanton. This is a potabie water conservation element. An tncrease in the use of recycled water in the Trt- Valley area has an fmpad an reducing the total potable water demand on Zone 7's water supply. Speciffcally,as a condltion of potable water service,QSRSD will requlre the Projett ta plan far and build a recycled water distribution network for landscape trrigatlon in publk areas of the Project. DSRSA wIll be able ta provide t6e recyclecf water suppiy for the project. WastewaterTreaiment ond Olsnosal Generally,DSRSD provides wastewater coitect3an,treatmeat and disposal for!he area of the Projec�t. dSRSD believes that current capadty at the wastewater treatment plant is adequate to serve the proposed Project, fie Project woufd increase the amoont flf treated wastewatet leaving the Tri-Valtey area. Risposaf of treaxed effiuent from DSRSD's wastewater treatment pla nt ts the respansfblfity of the Livermore Amador Vattey Wate� Management Agency{IAVWMA). EAVWMA currently exports secondary treated wastewater to the East Bay Dfschargers Authority(EBDAj interceptos pipeline for ultima#e discharge to the San Francisco 8ay vta a deepwater outfall. Water treated at pSRSD's treatment p1anC that is not converted to recycied water for landscape i�rigatfon is disposed of through the LAVW MA system. SpetificaEly,DSRSD agrees with the conciusions of the study on pages 57 and 58 that state the detttands of the Project wilf not exeeed thE existing wastewater treatmeni capacity of OSRSD,and that no new wastewater treat►nent and disposat fadlities are requfred by the impact of the Project. Thank you for notifying DSRSD of the upcoming Draft Supplementai E1R. Please contact me at(92Sj 875-�25H or Rhodara Bfagtan at(925)875-2?55 shauld yau have any questions. Sincerely, ti � � STAN KOLODZIE Associate Engi er SK/ST cc: Rhodora 6lagtan,Princlpai Engineer Ryan Pendergraft,Junior Engineer Fite:Dublin CEQA/Chron \\001DataVoRENGOEP7ICEQA1pSRS0 Recponw to CfQA Oocumants�Gtty of Dub11n�201b�Commen�Initisi 5tudy a�MND-W�nmei Prapertie;kK. Pt��med Deuet RrzonG ViM�p and SDR 04-ia-16.dooc City of Dublin Page 24 Response to Comments June 2017 Wanmei Development Project Letter 2.2: Dublin San Ramon Services District(DSRSD) Response 2.2.1:The City of Dublin staff will impose standard conditions of approval to the SDR and Vesting Tentative Map to ensure that water and wastewater infrastructure is adequately extended to the project site and that no disruption of water or wastewater service for adjacent properties occur during construction of the proposed project. Zone 7's 2016 Annual Review of Sustainable Water Supply shows that the District has sufficient water to meet project demand (source: http://www.zone7water.com/images/pdf_docs/water_supply/2016_annl-sstnble-ws.pdf) Response 2.2.2:This comment is acknowledged.See response to Comment 2.2.1 above. Response 2.2.3:This comment is acknowledged.The City of Dublin will require, as a condition of project approval,that common landscaped areas in the project site be irrigated with recycled water. Response 2.2.4:This comment is acknowledged and no further discussion is required. ;;z :. e:" j-: :4j i. [;tr2�r" ''%..'.d � , `� •'a�.: c :::i':::.::.:;':�C'::[,'� ! �y ,��� t ti. �' ':°i'y'.� :vl.'%:1: _ ;`.�i�,��!::.�` . �:�..`,`.:�!��. .:'.::�:;,:.._ ., '�'! , • ��s�#>'y''iq:4-s3 f N y ?' f '.:� .r,r"` ,tf .�.i.' . �,. '': f t '�t . ?C�" �: S�'�-._ya!x ..�e,�, . a.r° �Y rA..yuyS��.�.��:tia,��f��. �•'�.'�',;�'. � c '�� � '..:,;�i�' �=S:S�,;+� tt°^:";•':-.�v;:+„�:c`'} � � i.+1 III �'."X�i�!�: �i�t�:;.i�N 9:,'r:�. z r�:'r:. � � g y'. ..:.9� {;ii::•'�.�t,�:.:�'�'i ,";'.; /+ '���.. �,�:';•a�. �....�,...., .`i:'.�.�...,..7��..: '� p '�';p:� :;a'!;�.:��.�....?:'��.i'�+:>� � i'.� 2450 PERAItA OAKS tOUAT P.O�X 5381 qAKlAND CALIfORN1A 9�605-038� T•i•l88.E8PAItKS F 510•56?•�I19 7R5 RELAY 711 VYWWESPAAKS ORG April i 8,zo i b Letter 2.3 Luke Sims Community Dev�opment Director 100 Civic Piaza Dublin, CA 945b8 RE:Wanme[Planned Development--Nodce o#intent to Adopt a Nlitigated Negative Declaration Dear Mr.Sims— The �ast Bay Reglonal Park Distrttt has reviewed rhe InEtlal Study and Notice of Intent (NO!) w adopt a �lidgated Negative Declaration (MND) for rhe Wanme[ Planned Develapmens. The District manages open space in the vicinity of tlte projeet site and operates the Tusajara Creek Regional Trai! to the west. The Disulct sponsors the Goiden Eagle Monitoring Team (GM'I)� a volunteer-based organization that monitors Gotden Eagte activity and nesting tbroughout the East 8ay. Galden �agles are listed as a fully protected species(n the State of Cal'Efornia. The MND failed ta identify the preserue of nesting Golden Eagles in the pro�ecr vieinity. Btalogists worlting with the GMT has tonflrmed the presence of an active Golden Cagles nest approximatefy 230 feet east of che 1Nanmei project site.Additianal iraformatio�and projact spec�c�nit'�gation should be identified to ensure the project doesn't result in take of Golden Eagles. The Distrfct recommends that the City of Dublin revise the MND and bialogic analysis to ensure that mitigation measures identified are sufficient to avoid project level impaccs. The Ciry should explore the fallvwing measures to address the potenraal for impacts and take oo fully protecud 5pecies prior to adoptTon of the MND ancf approval of the project: I. Conduct projecs level biologlcal scudies and monitoNng during nesting season of the projea sise and a surround(ng buffer zone, to be agreed specitted and agreed upon by the California Department vf Fish and Wildlife and United States Fish and Wiidlife Service; 2. 5peci$cally identify a tempora! bufFer to be impoaed on project construction thas avoids construction activity during the Gelden Eagle nesting season. If any phases of constructian are allowed to proceed during this cemporai buffer,a bio-mo�itor with"stop work" authoriry should be in piace to deterr�ne if the construction accivity is affecting the eagle's nesting behavior; Thank yau for che opportunity to provide corr�ments.Please feet free to cornact me at(S 10}S44-Z623, or ,�hotrQeb arks.or ,should you have any questions. Fi,�s�ct�l�k, ,� '�! �.r-�� &�fan'W.Ho{t ��k'rfricipal Planner s�a ar a.��tas poug Sidan Bevcrly lanc Dtnnh Wacspi Dianc Burgis Wnrcncy Docson john Suucr Ayn W�eskamp Robott E Doyle Pr�esidenc V�ca-Prosidan� Trcasvrer Secrcrary Ward i Ward 2 �Nard 5 Grncral M�nsgcr Wud 4 Wanl 6 Ward 3 1fVaed 7 City of Dublin Page 26 Response to Comments June 2017 Wanmei Development Project Letter 2.3: East Bav Re�ional Park District Response:The city became aware of the golden eagle nest after the draft MND was released for public review. Portions of the MND have been revised and recirculated to address potential impacts and mitigation measures to ensure so significant on the active nest.The mitigations include those recommended by EBRPD in their comments. /j��� �,tAMEDA�Q�FLO00 CO�OL AND WATE CQNSERVATIOiV DISTRICT.ZONE 7 ` iQ0 NORTH CANYONS PARKWAY•LIVERMORE,CA 94551•PMONE(925)4545000•FAX(925j 454-5727 '� April 24,2U16 ���j��`���' j, 2�1$ City of Dublin Letter 2.4 I �PR 2 Community Development Departmeat ���� ioo civic Plaza L�.� P�„��N Dublin,CA 94568 �U8 Atln:Marnie R.Def�ado Re: Comments l�unnrei Prvperties 1 Tassajara Rd IS/MND Marnie, Zoae 7 Wuter Agency(Zone 7}has reviewed the referenced IS/MND in the context of Zone 7's mission to provide tiva#er supply,flood protection,and groundwater and stream management within the Livermore-Amador Valley. We have a f�ew comments for your consideration: 1. On p.4'1,Section c):2nd paragraph alludes to Eastern Dubtin FIR Mitigation Measures 3.6/44.0-48.0 2.4.1 reducing the significant impact of flooding from increased runoff. 7t's not clear how these 4 measures will be implemented as part of this Project,how they iessen the impact,or who is responsible for implementing. 2. 4n}�.48,Section g-i): The IS/MND indicates that a l0U-year flood zone was established for the tributary 2.4.2 adjacent to the site. Please{srovide che document�tion on how that tlood zone was established. We appreciate the opportunity to comment on this project. If you have any general questions on this leMer,please feel frec to contact me at(925)�54-5005 or via email at erankLr`�zoneh�lflier.com. Further,questions related Eo flood zoncs may be directed to JeffTang,92S-4S4-5075,or'ta an¢r,;rt�zooe7w�ater.cam. Sincerely, lJ� �KAin/K� �lke Rank cc: Caznl Mahoney,Jeff'lang,doe Seto,file City of Dublin Page 28 Response to Comments June 2017 Wanmei Development Project Letter 2.4: Zone 7 Water A�ency Response 2.4.1:The water quality mitigation measures included in the Eastern Dublin EIR (Mitigation Measures 3.6/44.0 through 48.0)will be implemented for this proposed project as it has been systematically done for all other development projects that have been proposed and constructed in the Eastern Dublin Extended Planning Area.The project includes drainage improvements as part of the project to limit peak stormwater flows from the site that could cause downstream flooding. More specifically,the applicant proposes a pond on the southwest corner of the site to accommodate peak stormwater from the site (see IS/MND Exhibit 6, Landscaping and Planting Plan). Design details of the pond to ensure that downstream flooding will not occur will be prepared by the project civil engineer and confirmed by the Dublin Public Works Department to meet C.3 standards.The pond would then be constructed and maintained by the project developer or project homeowners' association to ensure continued peak operation. Comment 2.4.2:The 100-year flood level for the portion of the Northern Drainage property immediately south of the project site was determined as part of the restoration program completed prior to the current project.This action was confirmed by Jayson Imai,former civil engineer with the Dublin Public Works Department. Marnie Detgado Fro�n; Chris <chris_p2�earthtinknet> Senk i'hursday,March 17,2016 6:13 PM To: Mamie Defgado; Luke Sims Subjec�: Fwd:New Nousing Project-6237 Tassaja�a Road-PLPA-2d15-00023 Importance: High Follaw Up F{ag: Follow up Lettcr 3.1� Flag Status: Flagged Dear Marnie Delgad.o and Luke Sims We would request that this project not be approved. We would request that no rezoni.ng be undertaken such that 3.1.1 its present zoning of Rural Properiy be main#ained until#here is appropriate Public apinion reported reggrding this property. The Ioss a£Rural properties downgrades Dublin's em.vi�mnment and increases traffic on an inadequate road infra- 3.1.2 structure. - Please attend this request. Thank you, Christopher Page � Public Notice - Notice of Intent to Adopt a M�itigated Negative Declaration - Wa Debra LeClair Sent: Thursday,March 17,2016 9:46 AM To: Debra LeClair Notice of lntent to Adopt a Mitigated Negative Declaration The City of Dablin Community Development Department is circulating the foilowing Initta!Study/Mitigated Negative Declarat PROJECT:Wanmei Properties,Inc.Planned Qevelopment Rezone,Vesting Tentative Map and Site Qevelopment Review(PLPp PROJECT DESCRiPTIQN:Construction of 19 single family detached homes and associated site impravements an 2.648 acr Dubtin Specific Plan area.The project requires approva!of a Planned bevelopmenC Rezone with related Stage 1 and Stage . Vesting Tentative Map and Site Development Review. LOCATION:6237 Tassajara Road(APN 985-0072-002} SlGNIFiCAN7 ENVIRONMENTAL E�FECTS ANTICIPA3ED:None. COMMENT PERIOD: The public comment period begins on Thursday, March 17, 2d16 and ends at S:OOpm an Mo 1 City of Dublin Page 30 Response to Comments June 2017 Wanmei Development Project Email Comment 3.1: Christopher Pa�e Response 3.1.1:This comment regarding the merits of the project is noted, but are not a comment on the environmental aspects of the proposed project.This comment letter will be reviewed by City of Dublin decision makers prior to acting on this project. Response 3.1.2: In terms of potential traffic impacts on local and regional roadways, the commenter is directed to Section 16 of the Initial Study,Traffic and Transportation. Based on estimated build-out of the project, relative few vehicles would be added to the roadway system and no significant impact would occur with respect to this topic. Marnie De[gado From: kerriechabot@comcast.net Sen� Monday,Apri!18,20i6 7:54 PM Ta: Mamie Delgado Letter 3.2 � Cc: W,8itlie ' Subjec� Wanmei project To whom it may concsrn, I am completely against the idea of 19 homes on this smatl plot af Isnd located off Tassajara, cali ed 3.2•1 the Wanmei Project. Please put on hold, come back with a new idea-especially now with impacted schools. 3.2.2 KeITie Chabot '[7 year resident i City of Dublin Page 32 Response to Comments June 2017 Wanmei Development Project Email Comment 3.2: Kerrie Chabot Response 3.2.1:This comment regarding the merit of the project is noted, but is not a comment on the environmental aspects of the proposed project or the draft MND.This comment letter will be reviewed by City of Dublin decision makers prior to acting on this project. Response 3.2.2:The commenter is directed to Section 14 of the Initial Study, Public Services. Subsection "c" concludes that payment of statutory impact fees to the Dublin Unified School District will provide full mitigation for any impacts caused by the project on the school district. Law OFFcce�of Stuact M.Flashm�nn 56260cean View Drive Letter 3.3 � Oakiaad,CA 9h618-iS33 (510)652-5373(vaics&FA3� o-mail: stuC?staflush.com delivery bv alectronic rnail to mtxrniedelaado@dublin.ca.nov April 18, 2016 Ms. Mamie Delgado City af Dublin Commmunity Develapment Dept. 100 Civic Plaza Dublin, CA 94.ri68 RE: M+tigated Negative Declaratio� ("MND")for Wanmei Devei�pment Project (PLPA 2015-00023) Dear Ms. Delgado: I am wrlting to you on behalf of my clients,The San F�ancisco Bay Chapter of the SieITa Ciub and Ms. Shawna Sorenson,with regard to the above-referenced enviranmental review document. I have reviewed that dacument as well as further evidence provided by m�clients, which, I believe, has already been discussed with you in a meeting on April 11 with Ms. Sarenson and through communlcation firom Colleen Linehan, a focal wildlife expert. Based on that evidenca, it appears to me that the issuance of a MNO for this project is improper and would violate the Caiffornia Environmental Quality Act("CEQA°)as well as poten�ally the California Endangered Species Act and the Federat Bald and Gofden Eagle Protec�ion Act. As you know, the pro�ect site is located adjacent to the Northem Drainage Conservation Area ("NDCA ),which the Draft MND acknawledges is a valuabie wildlife habita� The Draft MND points to current and proposed barriers between the project site and the NDCA as being adequate mitigation#or any biological impacts fram the Pro'eat. (Draft MND at pp. 37-38.) However, as Ms. Sarenson has documented and pointe�out to yau,there are patentially significant biological impac#s that have been neither identified nor analyzed in the Draft MND. These impacts involve the Golden Eagle, and specifical[y a golden eagle nesting s9te located in close proxim'sty to tt�e Project site. Golden eagles buiid large and praminent nests in trees. These nests are usually used for mulfipie seasons. httq:/lwww.fws.govlhabitatconservation/Galden Eas�le Status �act Sheet.pdf. While it is generaily recognized that an existing home located near ta a nesting site may not disrupt nesting or faraging activities, construction activities near a nesting site may adversely impact reproduction. (id.) This would be considered a signiflcant impact. It should be noted tlia#the only site visit for the LSA biologica!assessment, upan which the MND relies,was done in November 2013.' While there may not have been a nest in proximity to the Project site at that time, there is one naw. In addition, as the peer review of the biologicai assessment far the project noted,the Project site had been 'While the site visit was in 2093,the report was not written unUl January 2014,and was not recsived by the City until May 2014. The peer rev�ew repart,written on October 2014„and based on a site vistt tn September 2014,did not notice a nest near the s�te,but did note a golden eagle observed flying over the site. colonized by Califomia ground squirreis. Grounds squirrels are a favored prey for the golden eagle. h�tps://www.nationaleaglecenter.org/eage-diet-feedinc�/. Thus, while the Project site may not, in generat, constitute gao��raging habitat or go[den eagles,with the proximity of a nest, the ground squirrel calony on the site is likety to be a major food source for the eagles and their young, especialiy.during the nesting season. Again, the impact of removing this faod source was neither�dentified nor discussed. The goiden eagle is a fuliy protected species under the Califomia Endangered Species Ac#. https://www.wildlife.ca.gavlConservation/Birds/Golden-Eaqies. Consequentiy, the lead agency shauld have ident�ed the pofienfialiy significant impacts and consulted with the Califomia Department of�ish&Wildllfe, as a responsible and trustes agency, before preparing an environmentai review document. (See, Public Resources Code§21080.3) !t appears this did not occur. (Draft MND at p. 6Q.) In additian, the golden eagle is a protected species under federal law, under the Baid and Galden Eagle Protection Act{°BGEPA"),the Migratory Bird Treafy Act "M�TAu), and the Lacey Act("l.A"). In particular, under the BGEPA, it is a vialation to conduct an unau#horized take of a golden eagle. Further,the definitfon of"take"under the BGEPA is quite broad. it means pursue,shaa#, shoot at, poison,wound, kiil, cspture, trap, collect, destroy, molest, or disturb. http://www.fws.c�ov/habitatconservationlGolden Eaqle Status Fact Sheet.pd# Those protections extend to bath ac#ive and inactive nests. {Id,) It was incumbent on the Ciiy, once i#was notified of the existence of the nearby nest,to investigate and confirm that fact, and then consulf with the U.S. Fish &Wildlife Service about restrictions that wouid be requ�red under federal faw. The City's failure to do so violates not only CEQA, but also federal law. Based on the evidence of potentiaily signiflcant biological impacts from tlie Project, the Draft MND must be withdrawn, and, after consuitation with Respansible and trustee agencies, the City should prepare an Environmenta! impact Report for the Project. Mast sincerely ��� Ksr..� Stuart M. FI�hma� cc: R. Schneider S. Sorenson D. Bell, EBRPD C. l.inehan M, Grefsrud, CDF&W H. Beeler, USF&WS City of Dublin Page 35 Response to Comments lune 2017 Wanmei Development Project Letter 3.3: Stuart Flashman Response 3.3:This comment is noted. Please see the text above where the City has prepared a Revised and Recirculated IS/MND to assess potential project impacts on the golden eagle nest and include mitigation measures to reduce this impact to a less-than-significant IeveL ENDEL tJ S EN Oakla d��4607-4D 6� ! F� 510-80�d745 ' pcu�rh'n�wendel.com II1.wCx&�L•wN�u Letter 3.4 Apri121,2016 VIA EMAIL MARN�E.DELGADOQa DUBLIN.CA.GUV � Marnie R Delgado Senior Planner Community De�eiapment Department . City o#'Dublin 100 Civic Plaza Dublin,CA 9456$ Re: Commcnts on Initial Study/Mitigated Negative DeclAration Wanmei Deveiopment Project(PLPA 2105-0�023)at 6237 Tassajara Road, Dublin Dear Ms.Delgado: We represent Dr. S�bri Arac,the Founder and Headmaster of the Quarry Lane School, located at 6363 Tassajara Road. We are writiag to offer comments on the Initial Study related to the proposed Mitigated Negative Declaration for the Wanmei Development Prvject dated March 2016. The Quarry Lane School is located dizectly north of the pzoposed developrr�cnt project� Having closely revicwed the Initial Study("Study"),we conclude that ptusua.nt to the 3.4.1 '; California Environmental Qualiiy Act("CEQA")there is a fair argurnent that the proposed ' VVanmei Developmen#Project("Project'�naay have a significant e�Efect on the cnvironment and t�erefore requires the preparation of an Environmental Imgact Report("EIR'�. We also conclude that the Sfudy provides insufficient informat�ton about the effects of certain aspects of the Projecfi and faits to examine alternatives. Instead,ti�e Study relies on future reveew by other � agencies,and thus creates quesfiions as to the whole of the action contemplated and a need for alte�rnatives to be examined in an EIR. In acldition,the Study fails to identi�y and analy�e a required Project component,a development agreement required by the Eastern Dublin Specific Plan. We urge the Dublin Planning Department to,in an EIR,revisit several issues raised by the Study but not fully addressed,including the following: • The Project's request for an exception to the Eastern Dublin CQmprehensive Stream Restoration Program's 100-foot setback(from top of bank rule)and a need far future approval from the Caiifornia Department of Fish and Wildlife. ozos�i.000�wa9oo�o.i Maznie R.Delgado WENDEL,ROSEN,BLACK 8�DFJW I.LA Apri121,2016 Page 2 • Tho Pmj ect's request for an sxception to a 20-faot creek setback rule in the Dublin Watercaurse Proteclion Ordinance and s need for future approval by Dublin's Public Wortcs Director. � The Study's failure to consider the projeci's impacts on traffic and congesdon � given the close proximity to the Quairy Lane School, • A lack of detail in the Study about how the Pmject's cul-de-sac would mcet the • Alamcda County Fire Department fire equipment twn-araund dimensional . criteria. • The Study's failure to fully consider conskvction impacts on the nearby unnamed tributary creek related to constructing a new wildiife barrier and the availability of alternative construation metl�ods. • The Study's failure to acknowledge that the Project is required to obrain a development agreement under the Eastern Dublin Specific plan. 1. �uture California Department o�Fish and Wiidli�fe Approval of an Exception 3,4.� i to Eastern Dablin Compret�ensi�+�Stream Restaration Program 100-Foot Setback{from Top af Bank)Rule. The umiamed tributary{"Creelc")to tha south of the Projact is a major tribu#ary. Tite Eastern Dublin Camprehensive 3tream Restoration Program("Restoration Progrann")requires a mi3nimurn setback frorr�top of baak from major tributaries of 100 feet. The Project proposes aa average SQ=foot setback&om top of bank. The setback exceptian must be approved by the California Department of Fish and Wildlife(`.`Fish and Wildlife'�. � � The fact that the setback exception znust bo approved by Fish and Wildlifc raises at least twa issues,which must be addressed in an EIR. (a) The Study effectively assumes that Fish and Wildlife will approve the exception because it does not provida an alternative to the Fraject if the agency does not approve the exceptian. The Study coneludes ihat there aro no protecfed or speciat status plant or wildlife species present on tb:e project site#hat would be impacted should the setback exception be approved. But the Study does not analyze the Project in the instance that the setback exceptian is not appraved. Presumably if the setba�k exception is not approvtd,the Project would be a different project,with plan modifications and adjustments--if the proposed Project is inde,ed feasible. Under CEQA a project(or action)reviewed mvst encompass all components of the activity th�t is being apgraved. The term"pmject"refers to the whole of the action{CEQA Guideline Section 15378). As part of an EIR,the I'mject would be required to consider alternatives(CEQA(3uidelines Section 1512b).It's ciear th�t au alternative to thc Project would woszt.000i�z�ouia.� 2 Mainie R. Delgado WENOEL,ROSEN,BtACK&DEAN L4P Apri!21,2016 Page 3 � be a development that includes a 100-foat setback as req�tircd under the Restoration Progrann. That alternafive must be reviewed as part of an EIR. (b) The Btudy conditions the proposed Midgated Negative Deciarafiion on another agency's future review of environmenta]impacts,withouti evidence of the likelihood of effective mitigation by the other agency. According to case law interpreting CEQA,this agproach is insufficient to support a city's determination by that potentially significant impacts will be mitigated.Sundstj om x County of Mendoc�o, 202 CA3d 296(i 988). Again,the Study states that there are no protected or special status plants or wildlife species present on the profect site that would be impacted should the setback exception be approved.But,there are special statas plants and/or wildtife species{including the red-legged frog}in the Creek,wluch could be impacted by the reduetion to the setback. The Study relies on th�fact that the Project proposes a fence and metal wildlife barrier ta reach the conclusinn that no wildlife species will encroach onto the Project site. But,#hc Study does not discuss the passibility vf fhe aonstruotion above#he Creek impaoting tha species in the Creek area,which is precisely why there is a required setback. There is a fair argument that the Creek and its inhabitants would be more impacted by environmental conditions,such as soil erosion,with a . 50-foot setback than with the required 140-foot setback. This must be analyzed in an EIR. 2. T+�e#ure Dublin's Pubiic Works Director Approval of an Exception to the 3.4.3 � Dublin Watercaurse Protection Ordinaace's ZO-Foot Creek Setbaek Rule. The Dublin'I�atercouzse Pr�tection Ordinance("Watercourse Ordinance")requires a 2U- foot creek setback to safeguard watercourses by preventing acti,vities that would contribute significantly to flooding,erosion and sedimentation.But reductions in the setback may be ' approved by the Dublin Public Works Director("Director'�(Ordinance 52-87 and Dublin Municipal Code Section 7.20). Portions of the Project,such as a private road and guest parking spaces,would encroaah into the required 20-foot setback. As a resutt,the Project's proposed encroachment into the setback would have to be approved by the Director. The Study concludes that na imgacts would zesult from the ProjecYs encroachment into the required 20-foot setback because the exception must be approved by the Direc#or. The Study's conclusions in#2,suffer from the same flaws as the Study's conclusion in #1 above. The Stud}�does not analyze the Project in the instance that the setback exeegdon is not appro�ed by the Director. Presumably,if the setback exception is not approved,the Project would be a different project,including plan modifications and adjustments—if indeed the Praject is still feasibte without the setback exception. As stated above,under CEQA the project(or action}reviewed must encompass ali componen#s of the activity that is being approved. The term`�irojecf'refers to the whole of the action(CEQA Guidelines Secrion 15378). A,s part of an Ellt,the Prajact would be required to consider a.lternatives to the 1'raject(CEQA Guidelines Section 15126}. It's clear thai an o�os��.000�w�ooio.i 3 Mamie R Delgado WENDEL,ROSEN,BLACK�DFJW LLF April 21,2016 Page 4 aiternative to the Project described in tlie Study would be a development where the 24-foo# setback is maintained as required under the Watercourse Ordis�ance. That atternative must be reviewed as part of an EIR Again,the Study concludes that there are no protected or special status plan#s or wiidlife speeies present on the pro,�ect site that vwould be impacted sl�ouid thc sctback cxeeption be appmved. But,there are special status plants or wildlife species(including the red-legged frog) in the Creek,which couid be impacted by the reduction in setback. The Study does not discuss the impact of the constiuction or develapmcnt above the Creek an the species in the Creek,which is precisely the kind of impact the setback is intended to protect against It is entirely possible that the absenee of ihe 20 foot setback wou}d impact tha Creek and its inhabitants. As a result,this issue must bc studied in an ETR. In addition,the conclusaxy sta#ennent that no impacts will result if the Director grants an exception is not an adequate measure to ensure an impact will nnt occur. To the cantrary,there is a fair argument that an environmemtal innpact may oecur if the setbacic is deereased aliowir�g less protection to the Creek and the species therein. 3. The Study fails to CQasider the Project's Impacts an tke Tra�£'ic and 3.4.4 Congestion aE the Quarry Lane Schoo�. The Study notes that local and regional traffic related t4 residenCial deveIopment has been analyzed in the Eastern Dublin Specific Plan EIR,that a number of transpoztatian impacts have been determined to be significant and unavoidable,and that the EIR includes mitigatian measures. However,none of the EIR mitigation measures address the Projeet's traffic impacis in tkie context of the Project's close praximity to the Quarry Lane School and its wuque traff c patterns and volumcs. This context must be studied as part of an EIR on the Project because there is a fair argument that the combination of the Project and the existing traffic may result in a siE�cant effeet an the environmen� The entrar►ce to the Quarry Lane School is approximately 30 yards north of the Project's proposed new aocess road and on the same side(east)of the street and inciudes a stopligh�. Quarry Lane is permitted for a�enrotlment of 9S0 studcnts,who are deiivcred to school almost exclusively by automobile between 7;30 a,m.and 8:45 a.m.and picked up from school between 2:45 p.m.and 4:30 p.m.,five days a week, Inta this mix,the Projeet proposes to atW a : development that will add 175 traffic trips per day. ', The Study briefly notes that the Project's new road would generate approximately 175 daily auto trips and coneludes that the�ce would be,"no new or more severe significant impacts with respect to traffic increases on local or regional raads...than previously analyzed in the F,astern Dublin EIR" There is no�videnee in the Study to support this conclusory statement but yet,the S#udy concludes that no additional analysis is required.The Siudy's eonclusio�is flawed because the Eastern Dublin EIIt did not specifically examine the intersection and stoplight at Tassajara Raad and the Quanry Lane School and its related auto backups-•or take into aacount a ozos�t.000�wz9oo�a.� 4 Marnie R DeIgado vVENDEL,ROSEhf,sI.ACK&DEAa LLP Apri121,2015 1'a�e 5 new road with at least 175 daiiy trips 30 yards from the intersection.An E1R is necessary to analyze this very real impact. 4. The Study Docs No#Prov�de Any Information A�aut�iow the Project's Gtiul- 3.4.5 De-Sac Meets the Alameda County Fire Aepartment Fire Emergency Access Requirements. Tbe Project proposes#a serve 19 separate homes with a single,private two-way road extending east frQm Tassajara Road that ends in a cul-de-sac. The 5`tudy states that the cul-de- sac would be designed to me�t the Alameda Caunty Fire Deparkment Sre equipment turn-around dimensional criteria,and states that thc project has been reviewed by the Alamula County Fire Department,"to onsurc that adequate emergoncy access is provid.ed."However,the Study says nothing more atiout emergency accsss,the dimensional criteria,or how the Fire Depar4ment's review ensured that adequate emergency access is provided. Again,the Study pravides one alternative,and in this instance,does not explain why the alternative is satisfactary. Without more information,it is impossible to determine the road's impact on the environment or whether it is the best approach,given the circumstances.An ETR should inclade more informadnn on the road and cul-de-sac and impiica�ions for emergeney access. 5. The IniHal Study Fails#o E�cumine Ca�struction�mpacts on the l�Tearby 3.4.6 G�eek Related to tLe Construction of a New yNildlife Barrier and the Availability of Alternatirve Construction Methods. The Study determines that impacts on protected wildlife species(including azr�phibians and reptiles)can be avoided by"not damaging"the e�tisting sheet metal barrier during and after construction. Mitigation Measure BIO-3(a c)states that replacement of the wildlife bacrier shall be(1)Installed only within the project boundary;{2)Accamplished withvut encroaching onto consecvation easement areas;and(3) That to the extent feasible,the existing wildlife barrier will zemain in place until a new barrier is constructed.But,the Study says almost noth�ing about the eonstruction process and how it may or may not impact the Creek. Aside from limiting construction to the north side of the existing wildlife barrier,how will the Project manage constnxction soils disturhunces,erosion,constniction debris,dust and other e$ects resulting from the aonstruction pzocess that couid impact the creek? Morevex,the vagueness of this Mitigation Measure(i,e.,use�f the term"to fhe extent feasible")docs not atlow one to conclude ihat the impact will be mitigated. Once again,the Study reaches conclusions about protecting the envuronment without explaining how or why protection methods may or may not succeed. Mitigation measures must provide certainty that the measure wi11 mitigate the impact in question which is clearly Iacking in this instance. See,Laurel Heights hnpruvementAss'n ofSan Francisco v. Regents of the State of California, 47 Cal.3d 376(1998). An EIR is needed to examine more closely the construction of the new wildlife barrier and its potential impacts on the Creek and wilci�ife. oios7i.000�rax9oo�o.t 5 .. Marnie R.Deigado vueaoE�,�tos�,BLACK&DEAN LLP Apri121,2016 Fage 6 6. The Study Faits to Acicnowledge that the Projec#is Required to Obtain a 3.4.7 Development Agreement Under thc Eastera Dublin Specific Plan. The Study notes that the following land use approvals ar�rcquired and/or requested from the City of Dublin ta construct the Project:Planned Development Rezoning and Development Plan;Vesting Tentative Map;Site Development Review;Watercourse Setback Exception. The Study does not identify a deveIopment agreement,yet one is required under the Eastern Dublin 3pecific Plan. SpecificaUy,in Section I1.3 Development Agreements(related to"ianplementing actions")the Eastern Dublin Specific Plan states the fallawing:"The City shail require a� applicants for development in eastern Dublin to enter into a mutually accaptable devclopment agreement with the City for their respective srea.Agreements should on�ly be arranged where the developer is prepared to proceed promptly in accordance with a specific time schedule for seeking the required approvals and commeneing construction...". This critioal Project component must be included and anatyzed in an EIR. • Thank you for this opportunity to comment on the Study. Pease continue to keep us on the mailings for any and all notices r�lating the ttais Project. Very ttuly yours, WENDEL, ROSEN,BL,ACK&DEAN LLP � � �� Patricia E, Curtin FEC:sIk cc: Dr. Sabri Arac,Founder and Headmaster of Quarry Lane School ozos�a.000�wzsooio.� 6 ' City of Dublin Page 42 Response to Comments June 2017 Wanmei Development Project Letter 3.4: Patricia Curtin Response 3.4.1:This comment is noted.There is no assumption that a setback exception would be granted by the California Department of Fish and Wildlife. The MND discloses that this other agency approval is required in order for the proposed project to be built. The commenter is correct in that if the setback exception is not granted by the Department of Fish &Wildlife,the applicant would be required to redesign and refile the application with the City of Dublin.A new CEQA document would then be prepared to assess the new project. Under CE(�4 and CEQA Guidelines there is no requirement for an IS/MND to analyze alternatives to the proposed project. Response 3.4.2: In regard to the claim that the project is conditioned on approval of the creek exception by another agency(the California Department of Fish &Wildlife), see the above response.The City of Dublin believes that with the application of mitigation measures contained in the original MND in combination with mitigation measures contained in the Revised and Recirculated IS/MND,the impacts on the adjacent creek would be less than significant. The evidence to support this determination is set forth in the Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback. The Revised and Recirculated IS/MND clearly and comprehensively analyzes all impacts of the proposed project on the adjacent creek to the south and east. Potential impacts of erosion of soil onto the adjacent creek are analyzed in Section 9 of the Revised and Recirculated IS/MND and no significant impacts were found with respect to soil erosion or any other impact. Resqonse 3.4.3: In regard to the claim that the project is conditioned on approval of the creek exception by the City's Public Works Director, see the Response to Comment 3.4.3, where the City notes that if the requested exception is not granted, the proposed project could not proceed and a changed project would then need to be filed.This would start a new CEQA process. In terms of a fair argument that the project could result in impacts on adjacent properties, specifically the adjacent creek,the commenter is directed to Responses to Comments 3.4.2 and 3.15R (contained in the following section) and the Revised and Recirculated MND.This comment letter and responses deal with potential biological issues. Potential biological impacts of the project are also discussed in Comments 3.3R and 3.4R. Response 3.4.4:The commenter is factually incorrect to assert that the proposed project would generate 175 peak hour trips at buildout.The IS/MND clearly notes that the project would generate up to 175 total trips in a one-day, 24-hour period. Table 2 of the document indicates City of Dublin Page 43 Response to Comments June 2017 Wanmei Development Project that the 19 single-family dwellings in the project would generate up to 15 vehicle trips in the a.m. peak and up to 19 trips in the p.m. peak period.The p.m. peak period for the school is identified by the commenter as ending at 4:30 p.m. Generally,for traffic purposes,the p.m. peak period comments at 5 p.m.,well after classes have been dismissed for the day.The City of Dublin traffic engineer notes that the addition of up to 15 a.m. peak hour trips at the signalized school entrance and Tassajara Road would be insignificant and would not result in a significant impact. No EIR is needed to address this topic. The City notes that the existing back up of traffic on Tassajara Road as a result of the adjacent Quarry Lane School is not an impact of the proposed project. The commenter is also directed to the Responses to Comment 3.16R and the Master Response : for Potential Impacts Due to Encroachment into 100-foot Creek Setback. Response 3.4.5:The commenter is directed to Section 16, subsection "e" of the Revised and Recirculated IS/MND.This document notes that the Alameda County Fire Department staff working for the City of Dublin, has reviewed the proposed project and the project is consistent with emergency access provisions required by the California Fire Code, as well as the cul-de- sac/turnaround on the eastern side of the project site.Therefore,the impact is analyzed in the MND and the conclusion on less than significant impacts is supported by substantial evidence. : No EIR is needed with respect to this topic. Response 3.4.6:The City notes that the Revised and Recirculated IS/MND includes revisions to the description of the project.The revised project is discussed in the Revised and Recirculated section of this document, found on page 1. Based on discussions with the applicant,the project has been revised to retain the existing chain link and metal fence along the southern boundary of the site. In addition, a separate, second block wall is proposed to be constructed inside the existing barrier completely on the project site along the southern and eastern potions of the ; project site under MM BIO-3.All construction would occur on the project site, including installation of footings and the wall itself, so there would be no encroachment into the adjacent creek.The new wall would effectively preclude soil disturbance, erosion or other impacts from the project site into the creek. In addition,the City of Dublin Public Works Department will ' require as a standard condition of approval,that all stormwater runoff be directed into a storm water quality pond prior to entering the public drainage system and to preclude runoff from the project boundary. Response 3.4.6: Pursuant to City Council Resolution 203-12, adopted by the Dublin City Council on December 4, 2012, a Development Agreement is no longer a required implementation measure for projects within the Eastern Dublin Specific Plan area. � various Iegal measures active nest sites are protected during the breeding season and any disturbance that causes nest abandonment and/or loss of reproductive effort is considered"take"by the USFWS and rhe CDFW. I'd like to use this comment opportunity to suggest that additional protection measures be added�o Che Wanmei Project for the protectian of nesting eagles.From past experience,I can relate how collaborative sCewardship within the City of Dublin has allowed golden eagles to nest almost continuously within the NDCA for more than 30 years. However,rapid landscape conversion of the Dublin area requires the locai eagle population to adapt quickiy to an array of new threats that need ta be ' addressed through forethought and collaboration. 1. ublic access. �.5.� The NDCA is a preserve that provides protection and habitat far a host of special status species. Fo�r this reason,it is closed to public access.Golden eagles,in particular,are highly sensitive to human intrusion during the breeding season and as such need a measure of solitude whiie raising chicks. To prevent trespass into the nest area,the southern and western NDCA boundary musC be secured. Additional fencing and signage are needed as barriers in easily accessible areas along the Wanmei Project Area's common boundary with the NDCA. Specifically,far the 2015 breeding season,the access point leading to the north end of the Dublin Ranch trail at the corner of Westford Court should be cardoned off until the chicks fledge in mid-July. 2,__�onstruction.noise and human activitv. �olden eagle experts routinely recommend a 0.5-mile or at least a"line of sight" 3.5.3 spatial buffer in which no huznan activity is allowed around an active golden eagle nes� Usually,goiden eagle nests are located in remote areas where human disturbance is infrequent such as ranches,wilderness,and open space parks.The golden eagles nesting near the Project site are likely m�re tolerant than their near neighbors ta the east or the rest of the local population that inhabit private rangelands within the Diablo Range.Still,construction:activity related to a housing development within 3Q0'of a pair of nesting eagles wilI carry the very real possibility of disturbance that could lead to failure to initiate breeding or later abandonment of eggs or young chicks. For this reason,developrnent within close praximity of a known nest site should be conducted under a split schedule to avoid disturbance that leads to take. Under this scenario the bulk of development activity would occur from August through December.During the breeding season,January through July,activfity would stop or be limited to lower intensity work performed under the guidance and monitoring of a"qualified eagle biologist". 3.Rodenticide us within the City�f Dublin. The female golden eagle,affectionate[y named"Bella"by the City of Dublin 3.5.4 disappeared in late 2014.High-resolution photographs revealed she was afflicted with mange for at least 2-years,her condition was apparent and rapidly deteriorating.Certainly she succumbed to mange.Fortunately,her mate recruited a new female and this newly constituted pair continues to nest successfully in the eastern portion of the NDCA. But increasing reports of mange in Califorinia golden eagles suggest a"serious,unique outbreak of an emerging disease that could prove fatal to wild Golden Eagles"{Mete et al.2014). Microscopic Feather mites induce mange by burrowing into the skin,causing itchiness,skin lesions and severe feather loss.Complications inc3uding infectiQn,starvation and hypothermia can,as in Bella's case,iead to death (Mete et al.2014).Researchers suspect that eagles exposed to lead or ant[-caagulant rodenticides(ACR)become immuno-suppressed and therefore more susceptible ta mange.The primary prey species for Golden eagies in the Dublin area is fihe California ground squirrel.This species is commonly considered a pest leading many people to shoot or poison squirrels that are then consumed by wildlife.In addition,housing development in the area increases the use of radenticides to control other radents such as mice and rats.Unfortunatety, rodenticides kill more than pest species.They are dangerous poisons toxic to pets, chiIdren and wildli�e.As such,golden eagles in the Dublin area are being exposed to both lead and ACR poisons that cause immuno-suppression and suscepnbilfty to fatal mange. To prevent further fatalities to wildlife in Dubiin please consider prohibiring the use of rodenticides.Further information is available through the group RATS, "Raptors are the Solution". Here is a link to their informative website,including downloadable posters: llttn:l/v�wv�r.t'��Cors i•ath�solutio .or� Thank you for considering my comments. Sincerely, Calleen Lenihan,Ph.D. Raptor Ecologist 415-608-3838 306 Starling Road Mill Valley,CA 94941 cc:Cathy Little, clittle@cnlm.org Literaturs cited Mete,A.,Stephenson,N.,Rogers,K..Hawkins,M.G.,5adar,M.,Guzman,D.,Bell,D.A.,Smallwood,K S., Wells,A.,Shipman,J.,Foley,J.2014.Knemidocoptic Mange in wild Gotden Eagles,Caiifornia, USA.Emerging lr�fectious Diseases,Vol.20,No.10,1716-1718 ..�_����..se.� ��.�.� City of Dublin Page 48 Response to Comments June 2017 Wanmei Development Project Letter 3.5: Colleen Lenihan Resqonse 3.5.1:This comment is noted.The City has prepared a Revised and Recirculated IS/MND following the receipt of this letter.The Revised and Recirculated document does analyze potential impacts to the nearby golden eagle and provide mitigation measures to reduce such impacts to a less-than-significant level. Response 3.5.2:This comment is noted.The proposed project does include a new block wall barrier to be constructed along the southern and western boundary of the site to preclude public access from the project site onto the Northern Drainage Conservation Area. The commenter's request to cordon off a public accessway on the nearby Dublin Ranch area cannot be fulfilled since this area is not located on the project site. Response 3.5.3:This comment is acknowledged by the City and, in response, a new mitigation measure is included in the Revised and Recirculated IS/MND.This is Mitigation Measure BIO-4 that limits project construction and requires oversight of construction activities by a qualified biologist. Response 3.5.4:This comment is acknowledged by the City and, in response, a Mitigation Measu�e Bio-5 has been included in the Revised and Recirculated IS/MND to generally restrict the use of rodenticides within the project unless these are absolutely required as documented in writing by a qualified biologist. If rodenticides are used, use shall only be allowed as part of a comprehensive Integrated Pest Management (IPM) program. t City of Dublin Page 49 Response to Comments June 2017 Wanmei Development Project Revised and Recirculated IS/MND Comments Received For Revised and Recirculated IS/MND The following comment letters were received by the City during the revised and recirculated 30-day comment period (October 22, 2016 through November 22, 2016). Commenter Date Federal Agencies none -- State Agencies 1.1R Office of Planning and Research 11/22/16 local Agencies 2.1R Alameda County Public Works 10/28/16 Department 2.2R Dublin San Ramon Services District 11/21/16 Interested Persons/Organizations 3.1R Albert Lee 11/10/16 3.2R Joe DiDonato 11/11/16 3.3R Stuart Flashman 11/17/16 3.4R Dan Scannell Not dated 3.5R Tamara Reus Not dated 3.6R Jennet Herdmen 11/21/16 3.7R Mary Morehead 11/22/16 3.8R Billie Withrow 11/22/16 3.9R Carla Supanich 11/22/16 3.10R Kerrie Chabot 11/22/16 3.11R Lucia Miller 11/22/16 3.12R Catherine Kuo 11/22/16 3.13R Helen Zhang 11/22/16 3.14R Patricia Curtin 11/22/16 3.15R Olberding Environmental, Inc 11/22/16 3.16R TJKM Transportation Consultants 11/16/16 3.17R Colleen Lenihan 11/22/16 3.18R Richard Guarienti 11/11/16 3.19R Marie Marshall 11/22/16 Copies of these letters with City responses follow. . o�°F'",y'a,�, ,:�� � �• STATE OF Cr�LIFORNTA o�`' ����'� � ' GovE�raR'S OFFICE of PLANNTIVG AND RESRARCH � � � � " "� STATE CLEARINGHOUSE r1ND PLt�'VNING UNTf �� .� '�'�oFC�u GDMLJND G_BROWDi JR. IUarAi,Ex GDVERNOR D[Rf,GTQR November�?,20I6 ;�;;�����,�,��„�`�,v,,.";� Leti�er 1.1R� NOV � g 2�Jtfi Marnie R Detgado CityofDublin (,jl�ji��,1i':.i t��,���i��;�\�'1,� 100 Civic Pfaza Dublin,CA 94568 Subjec�: Wonmei Pt�oporties,LLC Revised&Recircufnred Initial Study/MND SCH#: 201 b032463 Dear Marnie R DelQado: The State CIearin�house submitted the above named Mitigated Negative Declaration co selected state agencies for review. The review period closed on November?1,2U 16,and no state a�encies stcbmitted commenu by that date. This letter ac�ovafedges tltat you 6ave complied with the State Clearmghouse revie�v requirements for drafr environmeutal documents,pursuant to the Galiforaia Environmental Quality Act. Please call the State Clearing6ouse at(916)445-0b l3 if you have any questions regardin�the environmental review process. If you have a question about 8ie above-named project,please refer to ti►e ton-di�t State Clesringhouse number when coatacting tt�is offce. S iucerel}�,,. ij� � ��� ott Mor�n D'uector,•Siate Clearinghouse 140010th Street P.O.Box 3Q44 Sacramento,California 95812-3044 (416)445-0413 FAX(916)323-3018 w�vw.opr.ca,,ov � �ocument Details Re�ort ` Sta#e Cl�aringhouse Data Base sct�# 2o�sas2oss Projecf Tit/e Wanmei Properties,LLC Revised 8�Rearcutated laiti8l StudylMND Lead Ageacy Dublin,City of 7'ype MND Mitigated Negafive Decfara6on Description Note:Revised Proposed subdivision of 2.64 acres of land into 1 S lots and construction of one single family dwelling on each lof. Other irnprovemenfs irtclude construdion af a private roadway through the approximate cerrter of the site,provision of on-site guest parking,on-site landscaping ftontage improvements atong Tassajara Road,constructiott of a water quality basin and'utility sxtensions. Lead Agency Contact Name Mamie R.Delgado Agency City af Dublin Phone 925-$33-fi610 Fax emaf! Address 10Q Civtc Plaza City bublin Sfate CA Zlp 94568 Project Lacation County Alameda City D�blin Region Lai/Lo»g' 37'43'35.65"N/121°52'16.02"W Grass Streets East side M Tassajara Raad 8 South of Silver�Ranch Drive Parice!No. 985-0072-002-00 Township . Rarrge Secfion Base Proximity to: • Highways 580 Alrports Railways Waterways Tassajara Creek 8�tributary(Kobold Reach) Schoots Quarry Lane{Private) Land Use The site 3s designated far Medium Density Residential in the Gerteral Plan and Eastem Dubfin Specific Pian.THe site is zoned PD Projecf tssues Ag�icultural Land;Air�uafity;Archaeologic-liistoric;Drainage/Absorption;Flood Plain/FlQOding; GeotogiGSeismic;Minerals;iVoise;Populafion/Mousing Balance;Public Services;Recreation/Parks; Sewer Capacity;Soii Erosion/CompactioNGrading;Sofid Waste;ToxicJHazardaus;TrafncJCircWation; Vegetation;Water Quafity;Water Supply;Biological Resources;CumulaEive Efiects;Wett�ndlRipariart RevJewfng Resources Agency;Department of F'ish and Wildlife,Region 3;Cai Fire;Department of Parks and Agencies Racreatian;Department of Water Resources;Califomia Wighway Patrol;Caltrans,Districk 4; Regionat Water Quality Control Board,Region 2;Native American We�itage Commission Aafe Received 10/21/2016 SEart of Review 10l21l2016 End of Revisw 11121/2016 Nofe: 8lanks in data fietds result from insuf�cient informafion provided by lead agency. City of Dubiin Page 52 Response to Comments June 2017 Wanmei Development Project Letter 1.1R:State of California Office of Plannin�and Research, State Clearin�house Response :This comment is acknowledged and no additional response is required. ��:����:,����RUCTIONAND D�"VEIAP�'S�V[CESBEPARTMC�IT �n�vio�s(5!�}670�5a •t�AX(51�73261T3 - ��u�.� NOV � � 201E� °�°�s�;��s�o�s�o-�oa.@ F.�x�szo�b�aszs� � �bli�w���Q���=s�► ��������� ������P.�� A1am�ct:a C�ounty 9511�merCartt•I�y�v�CA'�.�45 269g•v�ro+n'nracgovAt�/[�v►'a Octaber 28,201 b Marnie Deigado Letter 2.1R � Community Development Dire�tor City of Dublin 100 Civic Plaza Dublin,CA 94558 Dear Ms. Marnie Subject: Wnt:mel Properties-Inittal Study a�:d A�ingaterl IVe�ativE�De,claratiott Reference is znade to your lettex daied Ocr.ober 19, 2016, transinittin�MitigA.ted Negative Declaration, a.nd Initial Study for Wanm�i Properties, iocated at 63 i7 Trissajara Road in the City of Dublin. 1'his project was p*eviousiy reviewed by tius office. Con�ments pr��vided as cont�►iited i�n our r�pril 8;20l 6 ietter«rere addr�ssed. �iTe da not have fldditional co�nments to��ifer at this time. If you have any questions,please call rne at(S 10)670-5209. Very truly yours, �A Ro e ri e L.eon A� is �t ir,eer Constructio aiad Deveaqp�l�ent Services RDL/rdl "ToSenernulPrt�rueOurCommunit�' City of Dublin Page 54 Response to Comments June 2017 Wanmei Development Project 2.1R: Alameda Countv Public Works A�encv Response:This comment is acknowledged and no further response is needed. Bublin San Ramon 7D51 Dublin Boalevard phone(925)828-0515 �NtCBS alSttl{'� Dubiin,CA 94568-3018 fax(925)829-1180 � w�ter,wosrewnler,�eg+dedwafer www.dsad.com Letter 2.2R ( Navember 21,2Q16 Marnie R.Delgada,Senior Pianaer . City of Dublin fiommunliy Development Uepartment 100 Civic Plaza Dubitn,CA 94568 Dear Ms.Delgado: Subject: Comments on Revtsed and Recirculated Inifiial StudyJMltigated Negative Dectaration ' for 1Nanmei Develapment ProJect 6237 Tassa)ara Rd.,Dubl�n(PLPA 2015-00023} ' 7hank yuu for providing DubGn San Ramon 5ervices District(OSRSD)the opportunity to review and comment , on the Revised and Recirculated lnitial Study/Mitigated Negative Dectaration for the Wanmei Oevelopment Project at 6237 Tassaja�a Raad in Dublin. This re�ised study addresses a new golden eagle nest found southeast of the development site and aiso addresses questions regarding the California red-legged frog faund in the area of the projecE.DSRSD has a significant role in the area to be deve(oped by the proJeck. Our agency took note of the IJst of environmer�tal Issues covered by the lnitfai Study/Mitigated Negati�e peclaration.In our response to the initiai study of April 18,2016 we included our comments an the tapics that bear on our a$ency's responstbilittes In the area of the project. 7'he Revised and Recirculated Initial S#udy/MNiI alters the Initia)S#udyJMND onty regarding the eagie nest and the Califarnia red-legged frog.The adjusted actfans taken in the Initia!Study and Mitigation,as a resuft di these environmen#.al fattars, wili not change OSRSD's invotvement in the praject which is�ta provide potable water,recycied water and wastewatec coltection services to the p�aject.OSRSp does not have any addiUonal cqmments regarding the Initial5tudy/MND. Sincerely, STAN KOLO iE Associate gineer SKJST a: Rhodara Biagtan,Principal Engiaeer Ryan Pendergraft,Junior Engineer File:Dublin CEQAJChrnn City of Dublin Page 56 Response to Comments lune 2017 Wanmei Development Project 2.2R: Dublin San Ramon Services District Response:This comment is acknowledged and no further response is needed.Also see the response to Comment 2.2. i. Marnie Deigado From: Jina end Albert Lee <1ee94568(�gmaii.com> Sent: Thursday,November 10,2Q1610:22 PM To: Mamie Delgado Subject: Wanrnei Properties Tassajara Rd Project Letter 3.XR; Dear NLs.Delgado, In regards to the proposed project at 6237 Tassajaxa Rd: it is aznazing to me that the city is pushing to develop this tiny sliver of land at the expense of the wildIife t6at exists in the azea. Most people perceive Dublin right now as firyin$to develap eveiy possible square inch of land,and this praject anly enhances that image. This seenns wu�ecessary to allow this project to proceed,when schools are bursting at the seams,and while CC and SB hide behind legal jargon,the reality is that there are : already dangerous t�affic situa�ions at every school in Dublin,and there are portable buildings hausing so many of the students already. Please stop the madness and build the appropriate infrastructure(ie,a 2nd comprehensive high school}before develQping mare houses. Just across the street,we have a brand new S00 home development. What value do these 19 homes add to Dubiin? -Alhert T.Lee Bridgestone Circie,Dublin,CA i City of Dublin Page 58 Response to Comments June 2017 Wanmei Development Project 3.1R:Albert Lee Response:This comment is acknowledged.The issues of public services and transportation environmental impacts were addressed in both the original and Revised and Recirculated IS/MND documents. No environmental impacts were noted for these topics. However, the IS/MND note that potential impacts to the local public school system would be mitigated by payment of mandatory school impact fees. Impacts to infrastructure were discussed in Sections 14 and 17 of the Revised and Recirculated IS/MND.Transportation and Traffic impacts were addressed in section 16 of the same document. Both the original and Revised and Recirculated IS/MND documents contain a number of measures intended to reduce impacts to biological resources to a less-than-significant level. These are included in section 4 of the Revised and Recirculated IS/MND. No response is required to the commenter's request not to approve this project, since this is not an environmental topic. . Marnie Delgado From: Joe DiDonato <jdidonato@attnet> Sent: Friday,November 11,2016 2:32 PM ro: Mamie Delgado Letter 3.2R, Subjec� Wanmei development Project Attachmerrts: Dublin Marnie Delgado 11-i1-16-signed.pdf Dear Ms.Delgado, I am submitting this letter in response to the MND far the Wanmei Development Project in Dubfin,CA. i have also electronically copied the tetter t�Ms.Marcia Grefsrud of the CDFW. Thank you. Joseph E.OiDonato Wildiife Consutting&Photography 262a Eagle Avenue Alameda,CA 94501 {510)326-8175 www.Facebook.com,[W iidlifeConsultin�andPhota�raphv 1 Marnie Detgado,Senior Planner Community DeveEopment Department City of Dublin 100 Civic Plaza Dubiin,CA 9456$ RE:Wanmei Developrnent Project,Dublin Navember 7,2015 Dear Ms.Delgado, I am writing to add comment to the MND fo�the Wanmei Development Project in Dublin.Specificaliy I am respanding to#he new information included in this latest version regarding the presence of the golden eagle nest immediately adjacent to the site. First let me introduce my background as a biologist familiar with the special status species of the East 3.2R.1 Bay Area. I spent 20 years with East Bay Regionat Park District as Wildlife Program Manager and Stewardship Manager before my retirement in 2009. 1 have been activefy involved in the management of rapto�s and their habitats and have worked on the raptor and wind energy development studies in the Altar►tont Pass slnce 1987. I am curren2ly a consulti�g biologist#hat focuses on endangered and threatened species and conservation banking, i am also actively involved in a Bay-wide 6olden Eagle Monitoring Team that monitors the nesting activity of goiden eagles in the area. 1 have worked closely with volunteers in monitoring eagle nests,including the one identified in your MND. 1 am currently working with the Ame�tcan Eagle Institute and the East Bay Regmnal Park DistNct to trap and Qutf€t goiden eagles with radio backpacks to study the€r movements and the efFecis of human disturbance and development on the species. As you are probably aware,the rnain cause for the decline of sensitive and speciaf status species is the 3.2R2 loss of habitat. While there are other signifrcant impacts,habitat lost to development eliminates nesting and foraging areas.Uirect and indirect impacts from housing development, pubtic use of adjatent areas, and natural stressors have signiflcantly reduced the golden eagle population in eastern Alameda and Contra Costa Counties. You can see this very ciearly whe�travelling on highway 580 and looking north, The entire habitat from Dublin ta livermore that was farmerly occupied by eagfes has now been filled in with devetopments.The remaining eagies are squeezed into smaller,less productive areas,forcing them to travel greater distances for adequate forage.Any additional pressure on these birds drasticaliy intreases the chance of nest failure and abandonment and exposes them to hazards outside of their territory.Golden eagles are protected by several federal and state regulations and are listed as a state "Fully Protetted"species. The latter means that there is no allowance for any take of the eagies or their nests while the territory is occupied. An occupied territory is not 1lrnited to territories with active nests {as eagles often do not nest every year yet still maintain territories). The eagle nest near the project site was first recorded by a volunteer working with the Golden Eag{e 3.2R3 Monitoring Team(GM'i7,a volunteer organization that ctosely monitors the golden eagle papulations in the East Bay. During 2016,one young was successfully fledged from the nest. Additionally,many nelghbors claim that the eagles have been using the area for many years so it is likely that this nest has been well estatslished for many years. Whi1e 1 understand your consuitants ha�e assessed the nes#site in 2Ulb and determined that this project would have a"less than sign'rficant"tmpact,their assessment is based on a small numbe�of rece�t sfte visits,only one of which was within the nesting season. In fact the site visit recorded on May 3,2016,lncludes limited detaiis of an eagle ln a nest that appeared "undisturbed and did not flush". There is no details on whether this was a nestling(which could not have pfiysically tlushed from the nest at that age)or an adult that may have been brooding chicics. There is no detail given as to the response of the bird,if any,fram which to judge disturbance. Disturbance to nesting birds can be acute and imrnediate or have less noticeable effects. In the case of this nest and its proximity to the propased development site,cor�struction and human presence may keep adult birds from entering a nest site to feed and protect young,or return to incubate eggs. I understand that there�propased monitoring of the nest during construction. Does the monitor have adequate capability to recognize stress or behavior assoCiated with disturbance? i was recently hired by the SFPUC to instruct their biafogical and watershed staf#on recognizing signs of disturbance to nesting bald eagles near a construction site. 7his included a two hour classroom tecture with slides and a one hour field�isit to the site. In addition ta the tratning,the CDFW stitl implemented a minimal mandatory buffer zane�f 900'fram the nest ailowing only for minor intrusion for weedeating and maintenance of landscape piants by#rained staff. While human activity during canstruc#on will be monitored durir�g construction perthe MND,there is 3.2R.4 no follow up once the constructfon is complete and occupants of the new houses are active fn the area all year. How will the nest site be protected in the Idng term? Haw will homeownen be inforrned of the regulatory protection for ihis nest?I suggest that the developer mitigate aoy tuture impacts to the nest by funding an annual allowance of$20,000 to pay for long term monitoring. This funding could be held by the county,CNLM,or the East Bay Regianal Park Oistrict with requfrements for an annual report andjo�public education,'�his money mutd be used to payfor the capture af and attachment of radio back packs for up to two eagles per year. This couW inciude the adult territoria)birds and/or the �estlings. The data gathered would aid in management of these birds and potentially lead ta restrictions on activities affecting the birds. Additionally,a partion of this funding can be used to support the Golden Eagle Monitoring Team's efforts to monitor this nest,respondto emergencies (eaglets on the graund in baciryards,injuries,and transportation to wildlife hospitals,etc.)that may occur. Additioqel potential mitigation measures include vegetative screening between the devebpment and 3.2R.S the nest grove,public educaCional paneis and brochures,restrictions an pesticides and herb3cicEes, fimitations on pets roaming,and restrktions on�reworks use and other noise abatement especially during the nesting season. While I am grateful that the county recirculated the MND after iearning af the eagle nest,I believe the 3.2R6 ` county and the developer have a responsibitity to fully add�ess and mitigate for the short term and long t term impacts that will occur.Th�may require further analysis of the short and long term impacts to this nest before authorizing any major ground disturbanca in the area. Populatians of golden eagles are a treasure to the comr►iunity and unfortuna#ely have been lost due to short-sighted assessments and little follow up ta insure their continued existence. You have a responsibility to implement a comprehensive anafysis of these impacts under CEQA and 1 believe this MND does nat thoraughiy assess these impacts, Sincerely, �a�a��'T.���ruL� loseph DiOonato Wildlife Siologist City of Dublin Page 62 Response to Comments June 2017 Wanmei Development Project 3.2R:Joe DiDonato Response 3.2R.1:This comment is acknowledged and no further response is required. Response 3.2R.2:This comment is acknowledged and no further response is required. Response 3.2R.3:The site visit(s)was conducted by a qualified ornithologist to determine occupancy of the nest and to determine baseline of eagles' behavior in response to current site conditions, not chronology of nest. WRA biologists are trained to minimize any unnecessary stress to the eagle occupying the nest in the course of observing to determine occupancy.This was not a monitoring visit but rather a visit to determine if the nest was active. As noted, "disturbance to nesting birds can be acute and immediate or have less noticeable effects. In the case of this nest and its proximity to the proposed development site, construction and human presence may keep adult birds from entering a nest site to feed and protect young, or return to incubate eggs." The ability to recognize changes in the effects of stress upon eagle behavior requires a biologist with seasons of nest monitoring;therefore the qualifications of the biologist would include a strong background in raptor nest monitoring; all WRA biologists have many seasons of nest monitoring experience. Nest monitoring prior to construction would closely follow guidelines set forth by USFWS, 2010, "Interim Golden Eagle Inventory and Monitoring Protocols; and Other Recommendations." Environmental training for all personnel on site will include a comprehensive eagle awareness program. Response 3.2R.4:This comment is noted and will be submitted to Dublin decision-makers at public hearings when considering the project.The commenter is directed to the Clarifications and Modifications section of this document which includes new and revised Mitigation Measures to place limitations on use of rodenticides. See also Response 3.2R.5. Response 3.2R.5: Additional mitigation measures have been incorporated into the IS/MND to limit potential disturbance to the Golden Eagle.See Mitigation Measure BIO-4 that requires monitoring of the golden eagle nest by a qualified eagle biologist during construction and to have the authority to halt construction if activities are deemed to be causing harm to the eagles. As stated in the IS/MND,the Golden Eagle nest is located approximately 200 feet to the east of the project site within a row of mature eucalyptus trees.The eagle nest was built within 250 feet of an existing larger residential subdivision to the south, within 800 feet of Tassajara Road to the east and within 300 feet of a school to the north.There are unobstructed views of the nest site from both developments to the north and south, indicating that the nest is routinely subject to visual as well as acoustic disturbances.The baseline noise from the area includes the auto traffic on Tassajara Road, children playing at the adjacent school and human activity from the residential subdivision. In addition,the Project Site is currently being used as a stockyard with daily activity.This indicates that the eagle is habituated to the existing conditions, City of Dublin Page 63 Response to Comments June 2017 Wanmei Development Project including human activities. In terms of operational noise, it is expected that the operation of the proposed project consisting of residential homes would not significantly exceed existing noise from the historic and on-going contractor business operations on the site that includes use of heavy trucks,forklifts and related sources. Therefore, potential impacts to nearby golden eagles would be less-than-significant. Response 3.2R.6:The Revised and Recirculated IS/MND adequately discloses potentially significant project and cumulative impacts on local and regional Golden Eagle populations.The document also provides adequate measures to reduce any identified impacts to a less-than- significant level.See Mitigation Measure BIO-4. Law O�cas of Stuart M.Flashman 5626 Ocean View Dnive Letter 3.3R ; Oakland,CA 94618-1533 (510)652-5373(voice&F�►X) e-mail: stuf�?stuttnsh.com • delivery by electronic mail to marnie.delgado _dubiin.ca.qov November 17, 2016 Ms. Mamie D'elgado City of Dublin Commmunity Development Dept, 100 Civic Plaza �ublin, CA 94568 RE: Revised and Recirculated Mitigated Negative Declaration ("MND"}for Wanmei De�elopment Project(PLPA 2015-00023) Dear Ms. Delgada: I am writing to yau an behalf of my client, The San Francisco Bay Chapter af the Sierra Club,with regard to the abave-referenced environmental review document. As you know, in April of this year! submitted a letter commenting on the earlier MND for this project. That ietter pointed out that there is a golden eagle nest located approximately 200 feet from the project site. In response to that letter, and other communications confirming the existence of that nest, the City withdrew the MND and requested further study of the gotden eagle nest from its biological consultant. The consuitant,WRA, provided the City with a lefter dated Juty 28, 2018,which letter appears as part of Attachment 1 to the revised and recirculated MND. In the letter, a biologist wo�king for WRA cQnflrmed the existence of the nest and 3.3R1 that, when a WRA biologist visited the project site on May 3, 2096, the nest was in ac#i�e use. The[etter also acknowledged that both the City's own policies and the federai Golden Eagle Protection Act(hereinafter,Act") provide protection to golden eagle nests. In particular, under the Act, "take af a golden eagte is a viola�ion of the Act and subject#a civil penalties." "Take", under the Act, is defined broadly to include agitating or bothering an eagle to a degree as to cause, among other things, interference with narmai breeding, feeding, or sheltering behavior, or nest abandonment. Thus, as the letter points out, any activity that resuited in disturbing eagles accupying the nest so that it interfered with the birds' normal behavior or caused them to abandon the nest would be considered a significan#impact under CEQA. The letter then went on to suggest that such a potentially si$nificant impact could be mitigated by adopting a number of ineasures, inciuding attempt�ng ta conduct construction work, as much as possib/e, outside of ttte eagles' nesting period. If work was done during the nesfiing period, the letter proposed monitoring the nest on a weekly basis to see if it had become active—i.e.,whether the eagles had returned and occupied the nest. The lette�suggested that wortc cou(d begin during the nesfing period so long as the nes#was not yet occupied af that poinf. If the nest was found to have become occupied while construction was in pragress, presumably during a weekfiy monitoting visit, a biologist would "constantly monitor tfie nest." Construction wauld be halted if the biologist deemed it necessary to avoid nest abandonment"or if the construction work would otherwise signiflcantly impact the nesting eagles." The letter also recommended avoiding the use of rodenticides outdo�rs"untess absolutely necessary." To be blunt, these mitigation measures are inadequate ta ensure that no significant impact on nesting eagles would occur. First, weekly visits by a biologist are insu�cient to ensure that construction activities during the nesting season would not Ms.Mamie Delgado—Wanmei Development Project 1'I117J2016 Page 2 cause abandonment of the nest. If,for example, a biologis#visited the site on a Monday, but on Wednesday af that same week the eagle pair retumed, oniy ta flnd noisy constn�ction activities occurring at the project site,those activities would likely cause the eagles to reject and abandon the nesting site. Under the Act, that wouid be an illegal take of the eagles, and a significant impact. Further, if the eagles returned and were not immediatel�scared off by the 3.3R.2 construction ac�(vi#ies, continuous monitoring of the site by a b�ologist would still not necessartly suffice to avoid nest abandonment. For example, if loud constructian activities resulted in scaring off#he parent birds while fihe eggs were being incubated, stapping that activity after the birds had already fled frvm the nest wouid not necessarily ensure the birds' prompt retum. The result could then be that the egg would not hatch or#he nest act�aily be abandoned. Either of#hese wouid again be a take of the eagles in violation of the Act,and a significant impact. ln this regard, I received camments from Mr.Joe DiDor�ato, who, I understand, 3.3R3 has separately written to you about this eagle nest. His comment to me in regard to noise was as follows: Regarding disturbance, most[wildlife autF�oritiesj agree that sudden loud saunds or quick movement are more tikely to disturb birds than repetitive, monotonous noise. So,the buzzing activity of a schoolyard or neighbari�ood may be more tolerated by a bird than the sudden banging, sawing, badcup beeper, yeiling and loud n�ise associated with construction. Thus the fact that the birds may tolerate a housing development or school 254 or more-feet away provides no assurance that the birds will tolerate loud canstruction noise 200 feet away. There are, therefore, strong indications that such noise wil!dlsrupt the nesting pair's activities, resulting in a significant impact. Indeed,the effect of adding an additional nearby source of naise, particula�ty the often loud and unpredictable noises from construction activity (e.g.. hammering, sawing, aperation vf power taols such as circular saws, naif guns, tmpact wrenches, and power driils, motonzed equipment such as bultdozers and backhoes, back-up beepers, etc.—see list on p.9 of noise report,Attachment 2 to MND�, is likely to have a cumulative effect in rousing and disturbing nesting birds. As Mr. Di onato nofes: While these birds may have acclimated to the sounds of the[existing] neighbofioad,they are tess acclimated to a rapid change in activity associated with fihe startup of a c�nstructi�n pro�eck. [emphasis added] Of equal importance,there are critical periods duri�g nes#ing when even a temporary disturbanca of nesfing behavior will be a signif�cant impact. 1 quote Mr. DiDonato again: The most crifica! per+ods when a nesting bird is most iikely to sbandon their nest(even for a short periad}are: 1)when they are incubating and as a result of flushing the eggs are exposed to weather and predators, 2} when the young are very small and cannot thermoregulate on their own {0-14 days)and exposure could kill tiiem, 3)when the young are alone in the nest at a later age(8-10 weeks)and as a resuit of a disturbance prematurely leave the nest. An additional cancem is the degree of knowledge/training that the biolagist 3.3R.4 observing the site will need. Mr. DiDonata emphasized to rne that the initial si�ns of disturbance can be subtle and easiSy missed unless the observer is very expenenced and absenrant: Eagles respor�d in different ways to disturbance. lt may be as simple as panting, stanng at you, standing up on the nest, pausing from feeding Ms.Marnie Deigado—Wanmei De�elopment Project 11/1772016 Page 3 young or incubating, vocalizing,flushing, leaving a nest for extended periods, refusing to bring food to the nest, or flying around the nest or observer. Repeated disturbances can cause abandonment or cause young or eggs to die. Unless an observer is trained at idenfify�ng fhese (sometimes}subtie actions, it can be ditficuit to determine if disturbance is happening. Ironically,Audubon members and other bird watchers are often a source o#disturbance in their attempt to get a better view of a bird. [emphasis added] A separate cancem is the condition placed on the prohibition of outdoor use of 3.3R.5 rodenticides. "Unless absolutely necessary" is a subjective term. One person's view of necessity may be different firom another's. To assure p�otection of the eagies, the prohibi�on on outdoor use of radenticides must be absolute. Other rodent control methods, such as trapping,are feasible without tfie risk to eagles and other wildlife. Finalty, even after the construction is finished, there will be noise and disturbance 3.3R6 associated with the new residents of the project. The noise and disturbance from these new residents will add ta the disturbance the birds already endure from the other two nearby developed areas, both of which are further from the nest site than the new praject wilf be. Ttte cumulative impact may well be significant. Unfortunately, once canstruction has been completed, there will be no biologist on site to monitor the birds and their nest to assure tack of significant disturbance and resulting disruption of the eagles'activities. In sho�t, Mr. DiDonato's comments, both those in his letter and those he has 3.3R7 transmitted through me in this letter� clearly indicate tha#the mitigation measures proposed by WRA are insufficient to assure that any impacts on the eagle and their nest from this pro ect will be insignfficant. The Revised MND should therefore be wi#hdrawn and �eplac� by an environmental impact report("EIR"). That ElR must include: 'I) detailed study of the eagles and their nest;2)�dentification of potentially significant fmpacts from the project on both the eagles and their nest; 3)description vf all feasible mfigation measures and a reasonable range of project altematives, including a smaller project located further from the nest site, that could reduce or avoid impacts. The E}R must identifjr both impacts that can be mitigated or avoided and impacts that must be considered significanfi and unavoidable. Only at that point would the City be in a position ta properly evaluate and weigh this project`s poterttial environmental damage against its benefts and make an info�med decis�on about whether to approve it. Most sincerely ��- ���..�- Stuart M. Flashman GG: R. Schneider S. Sarenson D. BeU, EBRPD J. DiDonato M. G�efsrud, CDF&W H. Beeler, USF&WS City of Dublin Page 67 Response to Comments June 2017 Wanmei Development Project 3.3R:Stuart Flashman Response 3.3R.1:The proposed mitigation measures are adequate to ensure no significant impact would occur:Mitigation Measure BIO-4 of the IS/MND indicates that weekly golden eagle monitoring is for the purpose of determining whether or not the nest used in previous years and other nests within 0.25 mile are active between January 1 and June 30.This measure also states that if a nest is active at any point during construction, it will then be constantly monitored during all construction activities. If a nest is active prior to construction,the IS/MND states that project construction shall not commence while the nest is active. Resqonse 3.3R.2:The Revised and Recirculated IS/MND states that: "if the birds exhibit abnormal nesting behavior the biologist monitoring the site shall have the authority to halt all ' project construction activities." Thus,construction activities would be stopped. Also in Mitigation Measure BIO-4, if project construction has stopped due to abnormal eagle nesting behavior, it"shall not resume until the qualified biologist has consulted with the City of Dublin and CDFW and it is confirmed that the bird's behavior has normalized or the young have left the nest." WRA's professional opinion is that the current mitigation measures related to monitoring are sufficient to avoid significant impacts to golden eagle. Response 3.3R.3:The commenter is directed to Comment 3.2R from Mr. DiDonato. See especially Response to Comment 3.2R.4 dealing with project generated noise. Response 3.3R.4:The commenter is directed to Comment 3.2R from Mr. DiDonato. Response 3.3R5: Construction will no longer use rodenticides but will utilize trapping(live/kill) ' traps for rodent control. Exceptions may be granted where use of rodenticides is needed under , exceptional circumstances as determined in writing by a qualified biologist. See Mitigation . Measure BIO-5. Response 3.3R.6: Sounds associated with the schoolyard and existing occupied residence are not monotonous, and often include interruptive sounds. Therefore the baseline includes irregular, sometimes loud noises and the presence of people on foot and in vehicles within the maintenance yard, housing development, and street. It should be noted that"...reaction to disturbance near the nest varies with the type and duration of the disturbance, individual tolerance levels and the timing of the disturbance in the breeding cycle." Quarry Lane School is within line of sight of the nest at a higher topographic location and experiences routine (nearly daily)activity as does the current residential area located to the south of the project.The golden eagle(hereafter eagle) pair has a tolerance for current, existing ambient disturbances of City of Dublin Page 68 Response to Comments lune 2017 Wanmei Development Project roughly the same magnitude and extent of those which would presumably be present once construction is complete. Response 3.3R.7:The Revised and Recirculated IS/MND adequately analyzes impacts to biological resources and other topics mandated by CEQA.The IS/MND contains substantial evidence to support its conclusion that the impact on the eagles during Project construction and occupancy will be reduced to less than significant with identified mitigation measures. Therefore, no EIR is required under CEQA standards. i Ms.Marnie Delgado Letter 3.4R City of Dublin Commmunity Development Dept. 100 Cinic Plaza Dubiin,CA 94568 RE:Mitigated Negative beclaration for Wanmei Development Project I am submitttng these comments on behalf of myself(a 20+year resident of Dublin and former DSRSD elected official) and Dubliners for Change,a grassroots Dublin organization of which[am the current chair.These comments are in regards to the Recirculated Mitigated Negative Declaration for fihe Wanmei Projec�Please note that Chese comments incIude(1}general ctimmen�,s on the deficiency of fihe M ND and(2)specific comments on specific environmental impacts resulting from the proposed slevelopmen� General comments on deficient MND The miti$ated negative declaration has a number of fauity assumptions and 3.4R1 deficiencies,too many to co�er in this letter Relying primarity upon the Eastern Dublin Generai Plan Amendment and Specific Plan EIR from May 10, 1993 is a significant problem.For example,the number of car trips estimated in the 1993 EIR has been proven to be faulty(i.e.,significantly underestimated)by subsequent� Dublin rxaffic survey data on actual car trips.The 1,993 EIR analysis and findings are based,in part,on certain planned DUSD facilities which have not been built(2�high school,etc.)and the absence of Chese facalities has sigmificantly increased traffic from eastern Dublin and western Dubiin(to Dablin High and to other DUSD schools which are not at capacity)which has also not been addressed in any EIRs.These traf�ic impacts can obviously not be legally mitigated in a MND 6y a Statement of Overriding Considerations adopted by the Dublin City Council.The Negative D�claration actually undermines itself by noting that"a number of transportation impacCs have been determined to be significant and unavaidable,"such as the 175 estimated new day trips resulting from the project Again,the 175 day trip estimates is based upon standard industry projection metrics and is not based upon the results of Dublin traffic surveys,and again,the number of car trips has been historically underestimated,and there has been no mitigarion efforCs,especially for the traffic ta/fram DUSD facilities.Even if the City is stating that 175 h-ips per dap is � accurate�again,easily refutable),are you saying that this number is not significant? That no mitigation is needed?In summacy,the MND has a number of deficiencies, and I have summarized only a few here. We request at a minimum that a full�nvironmenta]Impact Repart be prepared to evaluate these innpacts and to eva��uate the cumulative impacts of this project in the context of�11 the Qther devetmpment activity occurring in the project vicinity. �j,iecific comments on Environmental Impacts If this project is approved,there will be significant impacts on the�xisting 3.4R2, environment,including impacts on various protected wildiife species that currently reside in and around the Northern Drainage Conservation Area (NDCA) and the tributary. As LSA and WRA noted,several endangered species have been identified in the surrvunding areas and as WRA indicated,severai of these species have the "potential to occur"in the project area.Local residenCs have seen the fully protected white-tailed kite on the prajecC site perched on the tree near the residential dwelling and on txees along the tributary. Also seen on the project site were narthern harriers and loggerhead shrikes. Looking at the NDCA and the surrounding landscape,you will notice that there are groups of eucalyptus trees west of Fallon Rd.and 200 ft east of the project site. A handful of young indfvidual trees are on the southern part of NDCA,but the majority of trees are along the tributary.IE the project site were to be developed,the trees with branches hanging down onto the property will be impacted and it is importa.nt to note that an evaluation has not been conducted of the species residing in these trees,species that could be impacted by the project.ln addition to the possibility af there being protected bird species in the trees,we know that golden eagles often feed on birds.The trees along the kributary are ideal for providing shelCer and nesting enviranment for various birds that are a food saurce for golden eagles.Any disturbance to these trees could have a significant impact on the food source far the golden eagles. As mentioned in Che reports,the project site has trailers,piies of debris,small 3.4R3 wooden and various structures on and off the ground,The project area itself is a perfect incubator For rats,mice and related species that occasionalIy are important �omponents of the golden eagle's diet and that of white-tailed kites and northern harriers.Any disturbance in Che current footprint of the site could potentially have adverse effects on the food supply of varipus protected species.We recommend that the City of Dublin officially notify the owner(s) of the property not to clear out the site as it could have signi�icant impact on golden eagles,white-tailed,ttites and northern harriers. As for prohibiting the use of rodenticides via the Home Owners Association,this is a 3,4R.4'; step in the right direction.But how will this be monitored and enforced?Local residents are currently e�eriencing a tremendous increase in infestatian of rodents and this has been discussed in locai social media sites.There have been neighborly exchanges on using paisons,sticky pads and various other traps.Many people have expressed concerns over the use of poison but local residents have seen dead rats and mice in their neighborhoods,likeiy the result of rodenticide usage.In theory,it sounds good to make this part of HOA restrictians,but we beiieve it will be impossible to enforce.Besides paisan,i•esidents have seen rats on sticky pads where the rat had dragged the pad onto the street. If the same were to occur near the praject area,grotected species could be hit by vehIcles while Feeding on the street.It is too risky to make assumptions about effectiveness and then rely on the by-laws of a HOA to enEorce proper handling of rodenticides and other methods of getting rid of radents_ We grant that the Quarry Lane School was built before the golden eagle nest was discovered.However,it is important to note the timetrame af disturbances caused by a school verses people Iiving in houses.School starts and ends at specific times, and throughout the day,there are pralonged periods when school children are inside the building;an weekends,the school is closed.The disturbances caused by the schoal currently allow a window of opporCunity for the eagles to hunt relatively undisturbed. However,the same cannot be said about the occupants of this proposed developmen�There will he acti�vity occurring throughout t�e day and on weekends.in addition,we are very concerned that once people become aware fihat golden eagles nest nearby,they will venture aut and attempt to find the nes�It should be noted that although there are other houses further up on the hllls,none are at the same level as the tree where the golden eagle nest is located.Currently,it is dit�'icult to gain access to NDCA,but when residences are built so close to a protected area,there is a high probability fihat people will Ignore s[gns and venture out to explore the NDCA.This is already occurring in the Creekview area where there are signs stating that the area is protected,yet often you wi11 find people and dogs walking the pratected area. As for starting construction from July 1St until Decemher 31�,this is unacceptable and unjustifiable,We note that the galden eagle pazr at Creekview nest in Dublin had ' a Iate k�reeding season and the fledgling left the nest in late July. Even the�ledgling frorn the NDCA pair was seen n�ar the euralyptus trees near the projett site in mid- August 2016.There is n.o specific data that shaw when this fledgling teft the vicinity of the project site.To base construction dates on general assumptions cauld be detrimental�or a successful breeding season for the golden eagle pair.In reality,we do not know what causec!the golden eagles at Creekaiew Co breed so late in the season.Clne cannot presume,much iess guarantee with these dates that construction would have no significant impact on fledglings who remain in the area until mid-August or later. Current usage flf the project site is vastly different than the proposed development. 3.4R.S; There will be a significant increase in human activit'res including noise[e.�., potential use of fireworks on 4�of july-it is, after all,legaf to set off fireworks in Dublin,block parties,loud music.etc) as well as an increase in cheznical fumes and aerosols (car exhaust,fertilizers,insecticides,etc.).Currently,the existing residential structure and lighCs are only at Che fronC af the property whereas the proposed project will have residential structures bordering the NDCA,and there wiil be a road with streetlights. Additionally,at night,there will be light from incoming cars,which likely will illuminate the area in NDCA. All these factors increase the risks of disturbing the golden eagles and other protected species in die area. There is so much at stake here especially after loss of other hunting grounds in the 3,4R.6. area�or the galden eagles.Potential cumuia�ive impacts must be evaluated.Many in the community used to see golden eagles hun,ting in places where construction now is occurring-Wallis Ranch,Moeller Ranch,Terrace Ridge.By allowing this project to proceed mighC be the last straw that drives away the golden eagles fram nesting in the area This is a huge risk and gamble that the City of Dublin should not take. The project area should be protected from any develapment and our recommendation is that staff invokes the legislative pracess to eliminate the proposed residential units from the General and Eastern Dublin Specific Plans.At a minimum the potential cumulative impacts on the golden eagles and other protected species must be eva3,uated. Respectfuliy submitted, Dan Scanneii, Chair Dubliners for Change 8774 Bandon Drive Dublin,CA 94568 City of Dublin Page 73 Response to Comments June 2017 Wanmei Development Project 3.4R: Dan Scannell Response 3.4R.1:The 1993 EIR is a certified EIR that analyzed development in Eastern Dublin including the project site. Under CEQA, a supplemental EIR or MND is only required where there is new or substantially more severe environmental impacts than identified in the 1993 EIR.The analysis in the IS/MND provides substantial evidence that there will be no new significant traffic impact resulting from the Project than identified in the 1993 EIR(Section 16 of IS/MND).The IS/MND shows that any potential impacts on adjacent intersections are less than significant given the limited number of peak hour trips from the project. In terms of traffic conditions in the Eastern Dublin area,the commenter is incorrect in his assertion that the 1993 Eastern Dublin EIR underestimated future vehicle trips in the Eastern Dublin area.The Eastern Dublin Specific Plan,on which the 1993 Eastern Dublin EIR evaluated and identified the need for six vehicle travel lanes for Tassajara Road,from the southern City boundary to the north, In 2015,the City commissioned a traffic analysis from DKS Associates ("Tassajara Road/Camino Tassajara, Capacity Analysis, Final Report, March 2015")which documents that future traffic volumes on this arterial roadway are expected to be less than originally planned, so that the number of travel lanes can be reduced from six lanes to four lanes.This report is available for public review in the Dublin Public Works Department during normal business hours and is hereby incorporated into this report by reference. In terms of the number of anticipated vehicle trips to and from the project(175 trips), this number is based on the latest trip generation for single-family dwellings and is based on information contained in the Institute of Traffic Engineers (ITE)Trip Generation. Information is based on the distillation of trips from many similar projects through the nation, including California.This reference is professionally recognized and used by planners and engineers throughout California for estimating vehicle trips. The City uses ITE Trip Generation rates for the analysis of traffic impacts from projects located in Dublin. Response 3.4R.2:This comment is noted.As required by the Revised and Recirculated IS/MND, the project will comply with mitigation measure BIO-2 and avoid disturbance to riparian vegetation, including area under driplines. If disturbance cannot be avoided,the project applicant will be required to obtain a Streambed Alteration Agreement from the CDFW. In terms of the potential presence of other species near the site, including but not limited to white-tailed kite, northern harrier and loggerhead shrike,the potential presence of these species and others have been analyzed in the Eastern Dublin EIR with appropriate mitigation provided. See Mitigation Measures 3.7/20.0 through 26.0.The project developer will be required to adhere to applicable mitigation measures to protect these species. Response 3.4R.3:As noted in the Initial Study/Mitigated Negative Declaration,the project site has been heavily developed for many years with a residence, other structures,concrete slabs City of Dublin Page 74 Response to Comments lune 2017 Wanmei Development Project and stored construction materials. Based on a recent biological survey of the site completed by LSA Associates dated May 9, 2017 which is hereby incorporated by reference into this document and as documented in the Revised and Recirculated IS/MND,the site does not support habitat for rare,threatened or special-status wildlife species. Response 3.4R.4:As required by Mitigation Measure BIO-5,construction and operation of the project would not use rodenticides, but would utilize trapping(live/kill)traps for rodent control. Rodenticides could be used if absolutely necessary, as documented by a qualified biologist. Enforcement of such, as with all other tenants is the responsibility of the representative of the HOA and failure to comply is enforced by the use of monetary fines—see Mitigation Measure BIO-5. Response 3.4R.5:The commenter is only partially correct in his assertion that residential structures would border the NDCA. As shown on Exhibit 4 of the Revised and Recirculated IS/MND,there would only be three proposed dwellings near the NCDA property south of the project site. Sixteen of the proposed 19 dwellings would be located along the northern property line with one single-family dwelling bordering the eastern project boundary.The NCDA property would be largely buffered by the private road. No significant impacts are anticipated with respect to this condition. In addition,the project developer would construct an additional permanent barrier between the adjacent NCDA property and project site on southern and eastern property line to ensure no migration of special-status species onto the site. Mitigation Measure AES-1 would limit spillover of light off of the project site by requiring cut- off lenses, other shielding and requiring exterior light fixtures to be directed downward.This impact is therefore less-than-significant. Sounds associated with the schoolyard and existing occupied residence are not monotonous, and often include interruptive sounds.Therefore the baseline includes irregular, sometimes loud noises and the presence of people on foot and in vehicles within the maintenance yard, housing development, and street. It should be noted that"...reaction to disturbance near the nest varies with the type and duration of the disturbance, individual tolerance levels and the timing of the disturbance in the breeding cycle" (Driscoll, 2010). Quarry Lane School is within line of sight of the nest at a higher topographic location, and experiences routine (nearly daily) activity as does the current residential area. The golden eagle (hereafter eagle) pair has a tolerance for current, existing ambient disturbances of roughly the same magnitude and extent of those which would be present once construction is complete.. Response 3.4R.6:As documented by the City's biologist (WRA), preferential foraging habitat occurs to the east of the site within the open space lands of the 245-acre Northern Drainage Conservation Area (NCDA), which will not be impacted by the proposed project. The proposed project site does not include high quality foraging habitat for golden eagles.The open space lands of the 245-acre NCDA do provide high quality foraging habitat.The golden eagles are not City of Dublin Page 75 Response to Comments June 2017 Wanmei Development Project expected to utilize the Project site for foraging given existing conditions. The project site has been historically used for landscaping and contracting storage yard and has been developed with storage structures, human activity,compacted earth and gravel which do not support foraging. Given the disturbed nature of the Project site and availability of high-quality foraging habitat elsewhere, the project would not result in a significant impact due to loss of eagle foraging habitat. Letter 3.SR j �tilel�ds uf#lie V�r�e.Ya1�s �'1� P O. Box 1191, Livermore,CA 94551 www.fov.org SENT VIA E-MAIL Marnie R. Delgado Senior Planner City of Dubliln Cammunity Development Department 100 Civic Piaza Dublin, CA 94568 marnie.del�ado(c� ublin.ca.gov Re: Wanmei Properties, Inc. Pla�ned Development Rezone, Vesting Tentative Map and Site Development Review, PLPA 2015- 00023 Dear Ms. Delgado, Friends of the Vineyards{FOV) is a Tri-Valley based arganization formed to protect and preserve the agricultural, apen space, and natural resources af our region. We object to the issuance of a Mitigated Negative Declaration {MND)for the Wanmei Development Project[n Dublin. The revised initia) study in support of the MND raises several issues of concern. The MND would allow encroachment inta the 100 foot creek setback. The 100#oot 3,5R.1 setback is designed tn serve flood cantrol and biologicai species protection. The developer should not be allawed to encroach upon half the intended setback. The planned construction and use of the project site as a residential subdivision is a significantly more intensive use than that involved with the current level af encraachment by the landscape materia�s company presently located on the site. If this project is approved, the developer will be able to rely an the existing chain link fence and a propased secondary barrier to protect the red legged frogs. The setback limit is intended to facilitate that objective and additional fencing within the setback limits should nat be deemed adequate to provide the necessary protection. The MND proposes that the Golden Eagle nesting area and foraging habstat impacts 3,5R2 � can be mitigated. The loss of any habitat raises great concerns in an era af increasing drought and impacts from climate change.The determination that prey species will be F�iends of the�neyards Wanmei Properties Devefopment Application #Pk.PA-2015-00023 Page Two available in other protected areas#aifs to acknowledge that the toss of prey in an adjacent site is a significant impact. Animals don't understand property lines. Moreo�er, the canclusion that the impacts v+nll nat be significant because the land is 3.SR3 a.iready developed in the project site is flawed. The project site is currently accupied by a landscape materials company that does nvt involve an on-going intensive human presence. The proposed project would involve numerous residential houses, additional traffic, noise, and lighting impacts which would be present 24 hours a day. People bring pets who can eat prey species. Cats can eat red-legged frogs.The cumulative impacis ,. from this development as well as the other residential development and school in the ' vicinity of the nesting site have not been addressed. The MND acknowiedges there is a risk of significant impacts an rodent species from the 3.5R4 use of pesticides and attempts to identifiy possible mitigationT including future Hameowner's Association rules to prevent the use of toxic pesticides by homea�nmers. Th�s provision is dubious in that it is highiy unlilcely that mast residents will read the : rules when purchasing their homes, and there is no guarantee that the future association will be abfe or willing to enforce these rules in any meaningful way. This is questionable mitigativn at best, raising a substantial risk of future harm to golden eagles who may ingest the toxins in the prey species. The preservatior�of wildlife is a high priority for ou�organization and our communities. We shauld be concerned about lass of any habitat. When will it be too much? We 3.SR.5 should not favor development at the expense of protected species, and must ensure that the fufl environmental consequences of a project are understoad before maving forward. FOV requests that the City reject the MND and take such further action as is necessary to comply with CEQA and federal law. We appreciate the opportuniry to camment on this issue, and ask chat these camments be included in the officiai recard o#the proceedings. Ptease do not hesitate to contact me if you have any questions. Sincerely, �cVW'LVV'G4 fi�ELfS Tamara Reus President . Friends of the Vineyards ` City of Dublin Page 78 Response to Comments June 2017 Wanmei Development Project 3.5R:Tamara Reus Response 3.5R.1:The commenter is directed to the Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback that appears earlier in this document. Response 3.5R.2:The proposed development site does not contain trees of suitable size and character for nesting Golden Eagle. No impacts to the row of introduced non-native trees located within the preserve, where the current nest occurs would occur as a result of development of this area. Due to the current usage of the site as an active materials storage yard for landscaping,the project site does not provide significant forage for the Golden Eagle pair as determined by the golden eagle biologists retained by the City of Dublin. Response 3.SR.3:The proposed development site does not contain trees of suitable size and character for nesting Golden Eagle. No impacts to the row of introduced non-native trees located within the preserve, where the current nest occurs, would occur as a result of development of the project site. Due to the current usage of the site as an active materials storage yard for landscaping, it does not provide significant forage for the Golden Eagle pair. The debris piles, landscaping supply piles and other stored items, currently on site potentially offer refuge for prey species, however these anthropomorphic habitats are temporary and are removed, changed and utilized as needed by current site tenants. Human-caused alterations cannot be considered as host sites for potential prey species when they are consistently altered. Preferential foraging habitat occurs to the east of the site within the open space lands of the 245-acre Northern Drainage Conservation Area. Forage pressure would not be increased because it is unlikely that the eagles are using an area containing storage structures, human activity, concrete pads, compacted earth and gravel for foraging. Response 3.5R.4:As required by Mitigation Measure BIO-5, construction and operation of the project would not use rodenticides, but would utilize trapping(live/kill) traps for rodent control unless these methods are infeasible. Rodenticides only could be used is approved in writing by a qualified biologist—See Mitigation Measure BIO-5. Response 3.5R.5:The commenter's opinion on the merits of the proposed development project is noted and will be considered by Dublin decision-makers during public hearings on the project. The commenter's specific comments on the sufficiency of the CEQA analysis for the Project have been addressed in above Responses to Comments 3.5R.1-3.5R.5. Letter 3.6R y Marnie Delgado From: Jennet Herdman <jennetherdman@gmaif.com> 5ent; Monday, November 21,201611:18 PM 70: Mamie Deigado Subject: Protected Golden Eagle in Dublin-No Building Please Deaz Marnie, Construction of 19 single family detached hames on 2.648 acres is being planned in Dublin. (The Wanmei 3.6R.1 Project)However,there has been a Golden Eagle living on the land. This animal is federally protected. There are several environmental groups that oppose this building.The site is not vested and the city is under no obligation to approve the project. We don't need to build moze homes. In addition to this being an azea with a protected Golden eagle living in it,it is an area brimming witth homes 3.6R.2 and no schools to support the growth. I am a third grade schoQl teacher at John Green Elementary in East Dubtin and I have experieaiced first hand the overcrowding and there really is no end in sight. My class is over the capacity right now.(All third grade classes are.)We need to secure the schools before we build any more homes.The students who live at Wallis Ranch 3iaven't had time to sign up in our schools,and when they do,we will be devestating to the cammunity wl�en we find there isn't enough space.We need time to callibrate the number of students to the schools.The middle schools and highschool are fuil.I personally know SIX families who have moved from Dublin becaus�the schools are overerawded.To build 19 MORE homes is ludicrous. i feel strongly that we should not build more houses arxd we should not take away the environment of the 3-6R.3 Golden Eagle.The eagle is a beautiful bird who's habita.t is being threatened. We can stop that. Please Listen�, Jennet Herctman Tlurd Grade Teacher John Green Elementary 1 City of Dublin Page 80 Response to Comments June 2017 Wanmei Development Project 3.6R:Jennet Herdman Response 3.6R.1:There is no Golden Eagle nest on the site.The Revised and Recirculated IS/MND documents that a Golden Eagle nest has been identified approximately 200 feet east of the site, but not on the project site.The Revised and Recirculated IS/MND discloses that eagles are protected species and also includes a range of mitigation measures to ensure that the proposed project would not result in a significant impact on these eagles. The comment regarding the opinion that the proposed project should not be approved is noted, but is not a comment on the environmental aspects of the proposed project or the IS/MND.This comment letter will be submitted to City of Dublin decision makers prior to acting on this project. Response 3.6R.2:The comment regarding local school overcrowding is noted.The issue of additional students anticipated to be generated by the proposed project is analyzed in Section 14, Public Services, of the Revised and Recirculated IS/MND.The IS/MND documents that additional school aged students would be generated by the project, but that payment of school impact fees to the Dublin Unified School District would mitigate project impacts on the school district. Response 3.6R.3: As noted above, eagle biologists working for the City have determined that the project site does not provide suitable nesting or foraging habitat for golden eagle.The Revised and Recirculated IS/MND contains a number of ineasures to ensure that impacts to the nearby Golden Eagle nest and its associated habitat would be less-than-significant.The commenter's opinion that the project should not be approved by the City is noted and will be provided to the City decision-makers. Lctter 3.7R I Marnie Delgado �ram: Mary Morehead <marymorehead354@gmail.corrt> Sent: Tuesday,November 22,2016 9:29 AM To: Mamie Delgado Subject: Wanmei I am a resident of Dublin for the past 16 years. I am against the Wanmei project that will canstruct ho�ses an iand which is habitat to the Golden Eagle. • No to this project. 'Tlzank you, - Mary Marehead i City of Dublin Page 82 Response to Comments June 2017 Wanmei Development Project 3.7R: Marv Morehead Comment 3.7R:The commenter is directed to the Response to Comment 3.6R.3 regarding potential impacts to Golden Eagle and eagle habitat. Commenter's opposition to the Project will be provided to the City decision-makers. Letter 3.8R � Marnie Delgado From: Billie Withrow<billiejwithrowC9�gmail.com> Sen� Tuesday,Navember 22,2016 7.0:17 AM To: Marnie Delgada Subject: Wanmei Project Hello Mamie I am writing to express my opposition to#he Wanmei Project on Tassajara.It is not in the bese interest of Dublin,or 3.8R1 Ou�ilin's natural resources.It will be threatening several f[ora and fauna in the area,contributing to traffic,pollution,and school overcrowding,even with the proposed mitiga#ions. ', t live in 5ilvera Ranch and see a plethora of wildlife in the area daily,including the protected Galden Eagle,deer,turkeys, 3,$R2 ' hawks,coyotes,fox,raccoons,and flpossum. I am the Secretary of Dubliners For Change<htt�//www.dublinersforchange.com> and am in campfete agreement of#he letter sent to you by Dan Scannell, Co-Chair of our organization.Please consider that beautiful area far something other 3.8R3 than more packed housing. Thank You. Billie J Withrow Secretary- Dubliners For Change i City of Dublin Page 84 Response to Comments June 2017 Wanmei Development Project 3.8R: Billie Withrow Response 3.8R.1:The commenter's opinions on the merits of the proposed project are noted and will be considered by Dublin decision makers during public hearings on the project.The measures included in the Revised and Recirculated IS/MND will adequately reduce potential project impacts related to biological resources (flora and fauna)to a less-than-significant level. No significant impacts are identified in the Revised and Recirculated IS/MND with respect to air pollution, schools or traffic. Also see Responses 3.1R, 3.SR.2 and 3.9R. � Letter 3.9R Marnie Deigado �rom: Carla 5upanich <carlasupanrch@hotmail.com> Sent: Tuesday,Navember 22,201610:56 AM To: Marnie Defgado Subjed: War�mei projett Mamie- I oppose the Wanmei praject.Our tawn does nat need more homes at this time-our sthool campuses are over crowded, our tra�c is incredibty heavy- a new normat)-aur infrastructure cannot support it to the satisfac#ion of most of our residence.tVot to mention the Golden Eag�e habitat that will be impacted.Please Do Not approve this project. The City Council needs to focus on right sizing our inftastructure to adequatety support the needs af our community. It's not desirable work-but it is needed for our tong term sustainability. Regards, Ca�la Supanich 12 year Dublin resident 1 City of Dublin Page 86 Response to Comments June 2017 Wanmei Development Project 3.9R: Carla Supanich Response 3.9R: See the Response to Comments 3.8R and 3.16R.2 for comments on traffic. Also see Response 3.5R.2 regarding potential school impacts and Responses 3.5R2-3.5R3 regarding impact on eagle habitat. Mitigation Measures BIO-4 and 5 address protection of nearby Golden Eagles and their nests.The commenter's opinions on the merits of the proposed project are noted and will be considered by Dublin decision makers during public hearings on the project. Letter 3.l.OR Marnie Delgado From: kerriechabot@comcast.net Sen� Tuesday, Navember 22,201611.:p8 AM Tv: Chabot,Keme C� Marnie Delgado Subject: Dubiin's Wanmei Project proposal Good morning Marnie, ' I am writing to express my opposition to the Wanmei Project on 7assajara.It is not in the best interest of Dublin,nor 3.10R.1 Dublin's natural resources.This project will contribute to traffic,pollutian,and school overcrowding,even with the praposed mitigations. : I live in Dublin Ranch and see wildfife in the area daily, including the protected Golden Eagle,deer,turkeys,hawks, 3.10R.: coyotes,fox, raccaons,and opossum.Ptease do not contribute#o taking away the little we have remaining of these species. Please reconsider this area for something oiher than more packed housing, perhaps a dog park. 3.1OR3 Thank You. Kerrie Chabot,resideni 17 years � City of Dublin Page 88 Response to Comments June 2017 Wanmei Development Project 3.10R: Kerrie Chabot Response 3.10R.1:The commenter's opinion on the merits of the project is noted and will be considered by Dublin public officials during public hearings on the project. No significant impacts to traffic, pollution or school overcrowding are identified in the Revised and Recirculated IS/MND as a result of this project. See Responses to Comments 3.5R.2 addressing potential school impacts and Response 3.16R.2 addressing potential traffic impacts. Response 3.10R.2:The commenter's opinion on the merits of the project is noted and will be considered by Dublin public officials during public hearings on the project.The project site has been designated for urban uses in the Dublin General Plan and Eastern Dublin Specific Plan since it's adoption in 1993. Regional impacts to biological species were analyzed in the EDSP EIR for the General Plan and Specific Plan.The project will be required to adhere to overall biological mitigation measures contained in the EIR as well as project-specific biological resource mitigation measures contained in the Revised and Recirculated IS/MND to ensure that these impacts will be less-than-significant. As noted in the Revised and Recirculated IS/MND, the project site itself does not provide suitable habitat for golden eagle nests or foraging. Response 3.10R.3:The commenter's opinion on the merits of the project is noted and will be considered by Dublin public officials during public hearings on the project. I Letter 3.11R� Marni� Delgada From: Lucia Mille�<axgal@me.com> Sent: Tuesday, November 22,201612:37 PM To: Mamie pelgado Subject: Wanmei project Dear Ms.Delgado- I am writing to voice my opinion on the Wanmei praject. I am a 30+year homeowner in Dublin.I have watched development encroach just abaut every asped of our city.The 3.11R.7 ' dynamics have changed because of this and so has aur schaois,environment,wildlife and more.Needless to say,I am nat pleased with mach of it. I am oppused to the Wanmei project.Here is why: We currently have overcrowded schools.We have not snfficiently solved that prob{em and mare students on an already 3.11R: • burdened system is not needed The property has much wildlife,intluding the Golden Eagle,which is protec#ed under the Bald and Golden Eagfe 3.1IR3 Protection Act o€1940. � --A"19"unit proposal.Hmmm not 20.Perhaps that would force them to contribute to the Public Art Fund or more.I 3.11R� don't like ar trust these games.What else is the developer trying to"dodge"? Dubl'tn daes not need more housing.Residents of this fine city have made that pretty clear.ls anyone listening? 3.11R.5 Thank you- Lutia Miller 7511 Calle Verde Rd Dublin CA axgalCa�me.com i City of Dublin Page 90 Response to Comments June 2017 Wanmei Development Project 3.11R: Lucia Miller Response 3.11R.1:The commenter's opinion on the merits of the project is noted and will be considered by Dublin public officials during public hearings on the project. Response 3.11R2:The topic of school impacts of the proposed project were analyzed in Section 14 of the Revised and Recirculated IS/MND.The document notes that the project would generate additional students to be accommodated by the public school system, but that, under CEQA, payment of school impact fees is considered full mitigation for this topic. Response 3.11R.3:The commenter's assertion that the project site contains much wildlife is not supported by information contained in the Revised and Recirculated IS/MND. Section 4 of that document notes that no protected or special-status species have been observed on the site by two different biologist.The document does note the presence of a Golden Eagle nest approximately 200 feet east of the project site, but not on the project site itself.A number of measures are included in the Revised and Recirculated IS/MND to reduce impacts to golden eagles to a less-than-significant level. See also Response to Comments 3.5R2 and 3.5R3. Resqonse 3.11R.4:The commenter's opinion on status of the Public Art Fund is noted.This comment regarding the merit of the project is noted, but is not a comment on the environmental aspects of the proposed project or the draft MND.This comment letter will be reviewed by City of Dublin decision makers prior to acting on this project. Letter 3.12R� Marnie Delgado Frottt: Catherine Kuo <catherinekuo@hotmail.com> 5ent: Tuesday,November 22,201612:39 PM To: Mamie Delgada Subject: NO to Wanmei/Kobald 19 homes Hi Ms. Delgado, As residents, home owners and voters in Dublin since 1999, we ask that you NOT consider this new Wanmei/KobaEd project. Please protect this open iand between Quarry Lane and cre�kside, and do not aHow a new residential projec#to move forward. Thank you. Sincerely, Catherine &V1lilliam Kuo i City of Dublin Page 92 Response to Comments June 2017 Wanmei Development Project 3.12R: Catherine and William Kuo Response 3.12R:The commenter's opinions on the merits of the project are noted and will be considered by Dublin public officials during public hearings on the project. As stated elsewhere in this document,the project site has been designated for urban residential uses in the Dublin General Plan and Eastern Dublin Specific Plan since 1993. Changes to these two documents to redesignate the site as open space or a similar non-urban use would take Planning Commission and City Council actions to amend the General Plan and Specific Plan. Letter 3.13R� Marnie Delgado From: Helen Zhang <helenzhang�comcastnet> SenG Tuesday,November 22,20161:57 PM To: Marnie Qelgado Subjed: No on the Wanmei Project Hi, I'm dismayed to hear about this proposed project and wouid like to urge you to reject it. 3.13R: -It encroaches on delicate creek-side 1and. -The area is teaming with wildlife,intluding the Golden Eagle,a protected species under the Bald and Golden Eagle 3.13R.: Protectinn Act of 1940. -it adds 19 more hnuses to our elready avercrowded schools.Any new middle school students must cammute across 3.13R? town ta Wells Middle School,adding to tra�c cangestion. -The developer has surreptitiously chosen to request 19 units,l shy of the number(20)whtch wou{d have required 3.13R.� them to contribute to the Pub13c Art Fund. Dublin citizens have been disgusted by the rampant development that has placed serious pressure on our road,schools, and general infrastructure. We are(osing preciaus open space and animai habitat at an alarming rate. Please hear the : citizens and stop this insanity! ' Thank youl Helen Zhang 1 City of Dublin Page 94 Response to Comments lune 2017 Wanmei Development Project 3.13R: Helen Zhan� Response 3.13R:The commenter's opinions on the merits of the project are noted and will be considered by Dublin public officials during public hearings on the project.Also refer to the Response to Comment 3.12R, above, about the possibility of other uses for the project site. ENDEL QSEN Oaklarnd,CAa9 607-4036 � F: 5;°�� � ��,���, BLACK S..DEAN ut � _ Letter 3.14R ' November 22,2016 � VIA EMAIL TO MARNIE.DELGADU�DtlBLYN'.CA.GOV Marnie R.Delgado Sex�ior Planner,Commuuity Development . City of Dublin 100 Civic Plaza. � ' Dublin,CA 9456$ Re: Comments on Initial Study/Mitigated Ncgative Declaration,Wa�nmet Development Praject(PLPA 2Y05-Q0023}at b237 Taesajara Rd.,Dublin Dear Ms.Delgado: We npresent 5abri Arac,Founder and Headmaster or the Quarry Lana School,located a# 6363 Tassajara Road in Dublin.We arc writing to offcr comments an the Revised Initial Study released to the public on Oct. 19.2016 related to the Mitigated Negative Declaration ("IS/MND'�for the proposed Wanmei Development 1'roject("Pro,ject'�at 623'7 Tassajara Road. This letter covers ths revised discussion regarding Golden Eag18 nesting,the California Red- Legged Frog(and other special status species),proposed creek setback reduations,nesting raptors and riparian trees.We aiso have taken the opportunity to provide information on�traffic issues included in both versions of the IS/MND.Under the California Environmentai Quality Act ("CEQA")we are entitled ta comment on the entire recirculatcd IS/MI�1D,not just rcvisiens. � One note abont distribution of the rS/1vII�1D:The IS/MND misidentifies the owner of the 3.14R.1 unnamed tributsry af the Tassajara Creek,which is adjacent to the Project site and central to an anatysis of eavironmental impacts.On page 4,second full paragraph,the IS/MIJD identifies tl�e unnarned tributary owner and manager as the Centar for Natural Lands Management("CNLM"}. In fact,the ovmer is Wildlife Management,LLC. Wildlife Management LLC is included on the distribution.Iist;CNLM is not. Given that CNLM is responsible for the managemcnt and preservation of the tributary,we believe CNLM should have Ueen on t�e distribution list. This letter generally provides a summary of assessments by two environmental expar#s 3.14R2 retained by Mr. Arac,which we have attached.The environmental experts' letters represent the views of Wendel Rosen and our client,Mr.Arae.As such,we do not fiilly repeat coFnrnents made by the experts.Instead we highlight the experts' salient points and urge you to read their leiters in their entirety.In addition,we add one co�aannent about the presence of th�Golc�er► Eagles aad the insufficiency of mitigation measures related to the�agles.Finally,we attach 81934 i.00011450�140.1 Mamie R.Delgado WEMQEL,RDSEN,acncK a o�►�L� November 22,2016 Page 2 comments we submittad to the previous 1S/IvATD dated Apri121,201 d and ask that the Ci#y of Dublin rerriew those comments once again. Havina closely reviewed the ISiMND and atta.ched environmental assessments in conjunction with the reports provided by environmental consultants retaizted by Mr.Arac,we conclude that pursuant to CEQA there is a fair argument that the Project will have significant effects on the environment,and therefoz�e requires the preparation of an Environmental impect Report("EIR"). Biolosical Resaurrces � The IS/MND analysis and related biological studies indicate that the Project will have significant impacts an the environment and therefore requires an EIR.as falIows: • It is more likely than not that speciai status species are present on the Project site 3.14R3 and could continue to exist on the Project site because a metal bamer meant to keep species aff the site only covers the site's southern boundary.The site's old vehicles,stockpiled materials and debris all provide habitat for the California Red-Legged Frog and California Tiger SalAmander. In addition,ground squirral burrows,which aiso provide habitat for the Californda Red-Legged Frog and California Tiger Saiamander,were observed on the site vn November 2,2016. . • The LS/MND indicates no special status species were observed on the Project 3.I4R4 site,but no swrvey methodology has been provided and there is no indication that proper pratacol surveys were followed in making the determination that na special status species are present on the Project site. • Developing 50 feet closer to the unnamed creek than is allowed by the Dublin 3.14R.5 Comprehensive Stream Restoration Pragram would harm the creek and its environs�.s the primary passageway allowing special status species to move freely between habitat units containing severa.t special status species.The habitat units' conservation areas were specifically estat�lished to mitigate development atlowed by the Eas#em Dublin Specific PIan.As a resu(t,eneroaching into the rcquired setbacks wouJd mean that the midgation is unfulfilled and voided. • A reduced setback could also negatively unpact the nesting of passerine bird 3.14Rb species from Iate danuary through August.Nesting passerine bixds and their nesting aotivities are protected under the Migratory Bird Treaty Aat.Nesting buf�'ers range from 104-300 feet frorn active nests and are determined by negotiations with regulators.This confliet with the proposed reduced setbacks was not addressed in tlie IS/A�1ND or any other cnvironmenta}review. � � Currently,several trees riparian trees,which are important to various species, 3.14R.7 hang over the Project site and cannot be altered without approval from reguiators atxd Third Party bene�ciaries. ' o��a�.000i�asootao.i � Marnie R D��$�2(�O • WEIdDEL,ROSEN,sincK&a�w u.� November 22,2416 � Page 3 . • The IS/MND inakes na mention o€an exisdng Red-Tailed Hawk nest Iocated only 314R8 � 250 fedt from#he Project site or addition�al nesting raptors located within the existing creek corridor. • Regarding the presence of Golden Eagles,Mitigation Measure,BIO-5 fails as a 3.14R9 . metigation,because it limits the usa of rodenticides"un�ess absalutely necessary." � "Absolutely nec�ssary"is not defined in the IS/MND rendering it completely subj eckive and open to any number of interpretations.If BT4-5 is to retriain as a mitigation,it must define"absolutely necessary."A Mitigation measure must provide certainty that the messure will mitigate fihe impact in question,which is ' clearly lacking in this instance.S�e,Laurel Heights Improve�nent Ass'n af San �rancrsco v. Regents of the State of Cal{fornia,47 Cal.3d 376(1998}. Transnorta#lon/Tra�,fic , The I3/MND traffic analysis related to 6237 Tassajara Road appears to rely entirely on the 1993 Eastern Dublin EIR and related Statement af Overriding Considerations.Whils the Statement of Overriding Considerations re£erences"curnulative tra.ffic,"the EIR mitigation messures do not focus on the sscdon of Tassajara Road near 6237 Tassajara or its closest intersection at Tassajara Road and'Vdallis Ranch Drive. The i5/MND's anatysis of transportation a�d tra�c,and an assessnaent condueted by a traffic expert retained by Mr.Arac,indicate that the proposed developinent wilt have significant impacts on the environment,and therefore,must be studied as part of an EIR;as follows: • The Eastern Dublin EIR assumed a maximum density of 65 housing units at 6363 3.14R10 � Tassajara Road. Subsequently, the City of Dublin approved the Quarry Lane Sohool for 950 stude�ts at b3b3 TassajarA Road.Curxently the school populataon is 689 students and approximately 80 teaehers.The school places much higher traffic demands on Tassajsra Road than were conterapla#ed i.n the Eilt and is a unique use that cont�ibutes to special traf6c demancls arld safety issues.A new housing projecf direcdy nex#door to the school would axacerbate thase issues. • Contrary to IS/MND Section 16{d)--Transportatiorr/7'ra,,�ic Project Impacts, 3.14R.11 Substantirrlly increase hazards due to a design feature or incompatible use?-- projeot impacts may very well substcz�rticrlly increase r•oad hazards by adding new housing devel�prnent traffic to c�ngestion created partly lsy the school and partly by existing traffic patterns. As one exarnple,most Project homeowners and guests vt+ill desire to iravel south on Tassajara Road taward Intezstate 580,which witl require#he motorists to cut across all north�rnbound lancs of txaffic in order to enter the northbound left tum lane ta m�ice�U-turn to travel south to T-S$4.This hazard has not been accounted for in the EIR,related Sta.tement of 4verriding Considerations,or the ISfMND. 0193A1.00OIW500140.t ' Marnie R.Delgado WENDEL,ROSEtd,BLACK&DEAN LLP Na�+ember 22,2016 Page 4 A.s stated above,wc conclude that under CEQA there is a fair argument that the Project 3.14R12 will have significant effects on the environment,and t6us requires the prsparation of a new Environmental Impact Report.A Mitigated Negative Declaration is no't adequatc under CEQA, Thank you for the opportunity to comment on the IS/IVIl�iD.Please continue to keep is on the mailing list for any and all notices relating to the Project� Very truly yours, WENDEL,ROSEN,BLACK&DEAN LLP /.. . .�---� Robert W. Selna � RWS • cc: Dr.Sabri Arac,Founder and Headmaster of the Quarry Lane School cc: Cathy Little,Northem and Central CaEifornia Center for Natural Lands Management cc: Marcia Grefsrud,California Department of Fish and Wildlife cc: Srena Blinn,Califarnia Department of Fish and Wildlife 019341.000114300I40.1 City of Dublin Page 99 Response to Comments June 2017 Wanmei Development Project 3.14R: Robert Selna Comment 3.14R.1:The City of Dublin followed all required CEQA notification procedures for the Revised and Recirculated IS/MND.Adjacent property owners, including Wildlife Management LLC, were sent notices. It is responsibility of the actual property owner(Wildlife Management) ' to notify their contractors and agents of the pending Revised and Recirculated IS/MND. General notice of IS/MND was also provided in the local newspaper of record in the Dublin area Nonetheless,the issue regarding notice to the property owner v. management entity does not in any way diminish or change the analysis or conclusions set forth in the CEQA document. Response 3.14R.2:This comment is noted and the comments by the environmental experts and the commenter's prior comment letter are responded to in this document. Since an EIR has already been certified for the Project(the 1993 EIR),the substantial evidence test, not the fair argument test, applies to the decision of whether a supplemental EIR should be prepared for the Project. The record for the Project, including the IS/MND, provides substantial evidence that a supplemental EIR is not required under CEQA standards for any impact area, including biological impacts. The commenter's information does not refute the substantial evidence supporting the City's determination that a supplemental EIR is not required. Resqonse 3.14R.3:The biological reports discuss local documented occurrences of special status species adjacent to the project site (p. 3 and pp. 5-8 of the LSA and WRA reports, respectively). Both LSA and WRA found it extremely unlikely that the listed California red- legged frog(CRLF)and California tiger salamander(CTS)would occur within the project site (LSA report page 3 and WRA report pages 6 and 7).The Project Site does not contain aquatic features and thus does not provide breeding habitat for either species or non-breeding aquatic habitat(in the case of CRLF). Protocol-level survey methods for both species are focused on potential aquatic breeding habitat or otherwise typical upland habitat areas(for CTS), neither of which is present in the project site. While the project site does contain ground squirrel burrows and debris piles, it is unlikely CTS and CRLF utilize these as refugia. Ingress/egress points from adjacent preserved areas are limited to portions of the site not containing wildlife exclusion fencing, i.e.,the north and west borders and the northern portion of the east border. However, areas north and west of the site are paved and developed and regularly used by vehicles and people. Regarding the unfenced eastern portion of the project site, as stated in the WRA report,these two species would have to pass through more suitable grassland habitat in the NDCA before entering the disturbed project site.The site contains minimal vegetation.These species use of burrows or under debris on-site is very unlikely due to the regular disturbance of the debris piles,the regular human and vehicular disturbance throughout the site, and the lack of easily accessible aquatic habitat due to the presence of the barrier fence to the south.Therefore, it is .�, . ,�...�.b.�� �, �,�, � City of Dublin Page 100 Response to Comments June 2017 Wanmei Development Project unlikely CRLF and CTS would shelter or estivate within the project site.The project would be required to mitigate any potential for impact to these species, however unlikely, by conducting a CRLF pre-construction survey prior to ground disturbance (Mitigation Measure BIO-6) and by extending the existing CRLF barrier along the eastern project boundary and constructing a secondary barrier consisting of a 4-foot block wall with 2-feet of ornamental steel on top along the southern and eastern project boundaries. Response 3.14R.4:The biological reports do discuss local documented occurrences of special status species adjacent to the project site (p. 3 and pp. 5-8 of the LSA and WRA reports, respectively). The IS/MND asserts that the "LSA report notes that the project site...contains no candidate, special-status or sensitive plant or wildlife species or their respective habitats," and, "lack of candidate, special-status and protected species on the site was confirmed in the WRA peer review report." However, neither the LSA nor WRA reports constitute the confirmation of presence or absence of any sensitive species. These reports evaluated the likelihood of occurrence of these species and do not represent protocol-level survey efforts that may confirm the species' presence or absence. LSA conducted a further site visit evaluating the conditions on the project site on May 9, 2017. LSA confirmed the conditions were unchanged from its prior site evaluation and that there are no protected species or habitat for protected species located on the project site. In WRA's professional opinion, protocol-level surveys are not warranted for the proposed project. Protocol-level survey methods for both CTS and CRLF are dependent upon presence of potential aquatic breeding habitat or otherwise typical upland habitat areas(for CTS), neither of which is present in the project site. In order to confirm the absence of species on the site, a CRLF and CTS pre-construction survey is required prior to ground disturbance (Mitigation Measure BIO-6). Response 3.14R.5:As outlined in the Revised and Recirculated IS/MND,the Project would be required to obtain the necessary permit approval from CDFW and Dublin Public Works Director for exceptions to the creek setback guidelines. See Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback. Response 3.14R.6:See Master Response for Potential Impacts Due to Encroachment into 100- foot Creek Setback. Special-status wildlife species(including white-tailed kite, northern harrier, and loggerhead shrike)were evaluated by WRA,whose report was included as an attachment to the Revised and Recirculated IS/MND. Red-tailed hawk is not considered a special-status species (the species has no special governmental protection beyond baseline levels) and thus it was not specifically evaluated in the LSA and WRA reports. However, like most native birds, red-tailed hawk receives baseline protection under the federal Migratory Bird Treaty Act and the California Fish and Game Code. Per the IS/MND (and the recommendations of WRA), the project will comply with Mitigation Measure BIO-2(b)and avoid disturbance to active bird nests of covered species, including red-tailed hawk, within 100 feet of the project site boundaries. In i City of Dublin Page 101 Response to Comments June 2017 Wanmei Development Project WRA's report, nesting bird buffers were recommended based on the judgment of a qualified biologist and the LSA report did not provide guidance as to buffer distance. The development will also be responsible for complying with a number of Mitigation Measures contained in the Eastern Dublin EIR, including but not limited to Mitigation Measures 3.7/1.0, 3.7/5.0, 3.7/2.0. 3.7/3.0, 3.7/6.0. 3.7/20.0. 3.7/21.03.7/23.0, 3.7/21.8 and 3.7/25.0. Resnonse 3.14R.7:The project applicant will apply for applicable permits from the California Department of Fish &Wildlife, if necessary.Also see Response 3.14R.6. Resaonse 3.14R.8:Special-status wildlife species(including white-tailed kite, northern harrier, and loggerhead shrike)were evaluated by WRA,whose report was included as an attachment to the IS/MND. Red-tailed hawk is not considered a special-status species(the species has no special governmental protection beyond baseline levels), and thus it was not specifically evaluated in the LSA and WRA reports. However, like most native birds, red-tailed hawk receives baseline protection under the federal Migratory Bird Treaty Act and the California Fish and Game Code. Per the IS/MND (and the recommendations of WRA),the project will comply with Mitigation Measure BIO-2(b) and avoid disturbance to active bird nests of covered species, including red-tailed hawk,within 100 feet of the project site boundaries. In WRA's report, nesting bird buffers are recommended based on the judgment of a qualified biologist.The LSA project report did not provide guidance as to buffer distance. The development will also be responsible for complying with a number of Mitigation Measures contained in the Eastern Dublin EIR pertaining to special-status bird species.These Mitigation Measure are 3.7/3.7/20.0, 3.7/21.0. 3.7/22.0. 3.7/23.9, 3.7/24.0 and 3.7/25.0. Response 3.14R.9: Construction will no longer use rodenticides, but would generally use trapping(live/kill)traps for rodent control.The use of rodenticides only could be allowed if absolutely necessary with the written approval of a qualified biologist. See Mitigation Measure BIO-5. Response 3.14R.10:The Response to Comment 3.4.4 is referenced here to respond to this latest comment dealing with potential traffic impacts of the proposed project. Response 3.14R.11:The commenter is directed to Response to Comment 3.16R.3 dealing with potential traffic safety related to the proposed project. Resqonse 3.14R.12:Since an EIR has already been certified for the Project (the 1993 EIR),the substantial evidence test, not the fair argument test, applies to the decision of whether a supplemental EIR should be prepared for the Project. The record for the Project, including the IS/MND, provides substantial evidence that a supplemental EIR is not required under CEQA standards for any impact area, including biological impacts. The commenter's information does City of Dublin Page 102 Response to Comments June 2017 Wanmei Development Project not refute the substantial evidence supporting the City's determination that a supplemental EIR is not required. # OLBERD�NG ENVIRONMENTAL.INC. Wetland Reguiation and Permitting Letter 3.15R ! November 12,2016 Ms.Patricia Curtin Wez�del,Rosen,Black&Dean,LLP ' 111 I Broadway,24'�Fto�r Oatcland,CA 94607-4036 Subject: Feasibility Assessment—'Wanmei Develop�nent Praject(PLPA 2105-00023)t�t 6237 Tassajara Road,Dablin,CaMiforaia Dear Ms.Curtin: Olberding Environmental, Tnc. (Olberding Environmental} has oompleted an evaivation of the proposed Wanmei Development Froject (PLPA 2105-OOU23) located at 6237 Tassajara Road, Dublin,California.Our assessr►aendevaluation focused on potential impacts to special status species and/or suitable habitat which could support these species and regutatory permittiiag requirements associated with the prop�sed residential developrnentpzojec�This evaluation aiso included a review of the proposed deveiapment activities specific to the following agencies: U.S. Army Corps of Engineers{Corps), U.S. Fish and Wildlife Service(USFWS), California Departm�nt of Fish and Wildiife(CDFVV),and Regional Water Quality Contral Board(Regional Board). These agencies would typically have potential jurisdiction over a residential development projects along a creek corridor with potential impacts to special status species. A site evaluation was completed on November 2,2016.The evalt�ation was completed from adjacent properties wh�re existing habitnt conditions were observed. Dwring the site visit an on-site assessment was peifozmed spe�ific to potential regulatory constrains associated with a�ency jurisdictions, habitax impacts, habitat quality, poteirtial presence of special-status species and applicable regulatory requirements related to the implementation o£a proposed project at this location. Prior to the site visit neference materiats incJnding the City of Dublin Initi�zl Study/MND and several 3.15R.1 rechnical documents prepared by other environmental consulting firms were reviewed in order to identify previously recognized constraints and suggested miCigation measures.During our review it was noted that the following species were identified as having the potential to occur on-site and aU but the San Joaquin kit fox have been observed on the adjacent properties. ' 3174 Crow Canyon Pluce,Suite 26Q• San Ramon,CA 44533 � Of�ice:(925)366-31 I I Fax:(925)866-21?b Emaii:j,efftaZolberdineenv.cam Special Status Species Occurance Special stahas species observed on adjacent properties or know to historically occur in the vicinity of the development property include: � California tiger salamander(Ambystoma californiense) • California red-legged frog(Rana draytonii) • San Joaquin kit fox{Valpes macrotis mutica) • Bucxowing owl(Athene cunicularia) « Golden Eagle (Aquila chrysaetos) The Tnitial Study/MND indicates that no special-status species were observed on the properiy. 3.15R2 , However,no survey methodology has been provided.There is no indication whether USFWS/CDFW protocol surveys were performed in making this negative finding determinadon. For instance, protocoI surveys for Califomia tiger salamander are performed over a two year peciod.If protocot surveys were not performed the USFWSICDFW will generally assume presence in the case of California red-legged frog and California tiger salamander.This is especially true for the proposec! � deveiopment site as both the City ofDublin and resource ageucies are awsue ofthe actual occurrence of these species on the adjacent property. In fact,the City ofDublin and resource agencies approved the establishment of a large mitigation sitelopen space preserve{Narthcrn Drainage Conservation Area) on the adjacent property to mitigate other City approved developnaent projects and their irnpacts ta these species. Tlie general biological survey prepared for the development project did not identify or address off- 3.15R3 site raptor nests or presence/absence of burrowing owl. Both burrowing owl and raptor species including the red-tailed hawk(Buteo jamaicensis)are known to accur within the Northem Drainage Consexvation Area. An active red-tailed hawk nest is located approximately 250 feet to the east of the development project within a l�e grove ofeucalyptus trees. Other raptors observed within the adjaeent riparian area included American kestrel(Falco sparverius}.Tl�ese species are protected by the Migratory Bird Treaty Act. As such,CDFW generally r�quires buffers of 300 feet around active raptor nest. The Initial Study/MND does not include information on potentiat pmject distucbancc to nesting raptor species whioh are Iocated off-site but within disturbance buffers.Mi6gafion measures associated with burrowing owl a��d raptor nesting site are generally negotiated with CDFW. Current land uses associated with the subject developrrcent properry are restricted to a storage yard 3.15R.4 , for vehicles and landscape materials. These would be considered low intensity uses with Iittle disturbance to wildlife utilizing the adjacent riparian corridor. In an attempt to limit species use of the developinent property the land awner has installed a 4-foot sheet of inetal along the southem property boundary to preclude migration af California red-legged frog onto thc site. However,the 2 _ metal fencing does not occur along the eastern properly interface with the Northern Drainage Conservation Area nor the western property boundary which is open to the unnsmed creek corridor. 1'herefore,the intended result of elimiinating the potential for speciai staius species firom the property has not been achieved as all terrestria(s}�ecies including California red-legged frog and California ' tigec salamander have tlie ahility to access the property. Both ground squirrels and burrows were abserved on the development property during the November site visit In additian to the ground squirrel burrows the site contains structures,old vehicles and stockpiletl materials and debris.All of these provide potential cover habitat for Califomia red-legged frog and California tiger saiamander. Therefare,it is incorrect to suggest that the deveLoped state of the property precludes usc by speciat 3.15R5 status species.The Tnitial Stvdy/MND has not provided a tl�orough analysis of the status of speciia� status species and requires protocol surveys to make a negative finding for both California red-legged frog and California tiger salamander as required by both USFWS and CDFW. Fragmentation ofHabitat and Connectivity Additionaliy,it was recognized that the adjacent creek corridor provides suitabte habitat for nesting 3.15R.6 ; passerine bard species as well as mast sites for numemus bat species. The Wanmei properiy is situated adjacent to an unnarr►ed tributary creek whioh connects the Tassajara Creek conridar and Camp Parks open space with the 267-acre Northern Drainage Canservation Area unit of the Dublin Ranch Pttserve,Faltoa Preserve and Moller Pc+�sorve as well as thousands of acres of other open space properties to the north and east.7'he unnamed creek located adjacent to the planned residential development project is the primary passage which altows species to freely move along the existing riparian cflrridar.The Northern.Drainage Conservation Area,�allon Preserve and Mollez Preserve where a!I establisixed to mitigate development allowed by the City of Dublin within the Eastern Dublin Specific Plan area. This mitigation was negotiated and accepted by the various cegulatory agencies overseeing these development projects. The in#ent of this mitigation was to permanently pmtect occupied speciat status species habitat and atlow for continued connectivity between these large expansive tracts of open space to the north and east with the Tassajara Creek corridor and Camp Parks. The restoration and preservation wark which has occurred alona the unnamed creek was intentional a►�d for the specific purpose of ensuring connectivity between the two habitat nnits containuig special status species. ' As discussed above,the creek and associated ripariart habitat provides a dispersal corridor for many �.l�g.� , local terrestriai species including California red-legged frog and Catifornia tiger saIamander, allowing connectivity with the Tassajara Creek comdor and the large semi-isolated open space containing Catnp.Parks.Extensive deveIopment along Tassajara Road(extending from the county 3 Iine to Interstate 580)has resulted in a fragrnented tandscape greatly reducing the ability af many species to foragc and disperse between the iwo dreas. This corridor has regional importance as it is one of only two remaining creek corridors allowing wildiife species(including federally and state listed species)to rnove between Camp Parks and the vast acres of open space to the east and nortlt. Without sui�cient connectivity,existing populations of specials statt�s species and other tenestrial wildlife species within the Camp Parks open space and Tassajara Creek corridor would be fucther isotated and negatively impacted. Eas#ern Dublin Comprehensive Stream Restoration ProgrAm The Eastem Dublin Cflrnprehensive Streazn R�estora.tion Prog�am provides guidelines for the 3.15R8 ; protection and resCaration of creeks in the Eastern Dublin planning azea.A minimum setback af 100 feet from the top of bank is required unless an exception is approved by the CDFW.The proposed development project suggests a wall at the edge of the riparian comdor. Section of this wall would be loca#ed beneath the driptine of the riparian corridor requiring authorization(Streambed Alteration Agreement)from CD.FW. Additionally,a development access road would be located vt+ithin the 100 setback area also requiring an excepdon from CDFW. The existin$ ripariaii coxridor would potentially be utiIized by passerine bird species for nesting 3.15R9 ' purposes from late 3anuary thrnugh August. Nestin� passerinc birds are protected under the Migratory Bird Treaty Act. As such,setback buffers would be required so as not to disrupt nestin� activities during the identifiied time frame.Nesting buffers generally range from 100-300 feet from the active nest and are determined through negotiations with CDFW. Development along the unnamed creek would requu�e a sheambed alteration agreement fram CDFW 3.15R.10 if work is to occur between the creek top of bank or within the identified riparian corricEor.This would include ali work (including the installation of any wall or existing sheet rnetal barrier) occurring below the dripline of any riparian tree. It is not mentioned ifthe 4-foot sheet metal wail was insialled in coordination with CDFW. The installation of the metal wail would have required a Strsambed Alteration Agreement as it is considered "work" within the riparian dripline of the unnamed creek channel.Instal]ation would also have had to receive authorization from the City af Dublita as the activity occwrred witlun the identified creek setback area. During the Novemher site visit several riparian trees were observed to overhang onto the devel4pment piroperty. These trees are associated with the Northern Drainage Conservarion Area Any disturbance to the trees such as removal or even trimming branches would require authorizations froAO.the preserve property owner, land manager, grantee {CNL1Vn, CDFW and all Third Paity beneftciaries associated with the conservation easement that has been placed on the open space. 4 Summary Inadepua#e docu�nentation of Sneciai Status Soec�g,�„ The Initial Study/IvIl�TD provides an 3.15R.11� iaaccarate assessment as to the potential for both California red-legged frog and Califomia tiger salamander to occur on Ehe property.Additionally,no mention is given to an existing red-tailed hawk �iest located only 250 feet from the pmperry or additiQnal nesting raptors located within the existing creek carridor.Known species occurrences on the adjacent properties have not been discussed. • The development property is Iocated directiy adjacent to a large open space area.specifica[ly 3.15R.12 esta6lished by the City of Dublin and resource agencies to mitigate those special status species listed above.The City is mware of occupied habztat within the preserve,however,the CEQA document fails to acknowledge that these species liave a high potentiai to occur on site given the dispersal capabilities of the species, lack of comp[ate barrier to disporsal and ' the availabilityof Califarnia red-legged frog and CaGfornia tiger saiamander ta urilize stored vehicles,landscape materials,structures at�d debris piles as cover habitat. • Ground squirrel activity was observed on the development prflject indicating that potentiAl 3.��g,�3 buiraws are availabte for use by Califomia red-legged frog,California tiger salamander and buimwing owl. • It appears that the only survey conducted to validate presence/absence of California rcd- 3.15R1.4 legg$d frog and Califorx�.ia tiger salamander consisCed of a single day visual surveyperfarmed in association with a general habitat assessmen� • A negative findings determination would requiire that USFWS profiocol surveys be 3.15R15 perfonned. Otherwise,the USFWS and CDFW assume presence ofCalifornia red-legged frog and California tiger sn.lamunder. • The sheet metal barrier along the riparian corridpr is irrelevant as to precluding terrestriat 3.15R16': wildlife species including California red-Iegged frog and California tiaer salamander. The fence does not completely enclose the property allo�ving both species thc ability to access the property. Ti�ere is na metal fence sepa�ating the Qroperty from the Northem Drainage Conservation Area s to the east or the creek corridor to the west. • The general biaiogical survey fails to mention presence of a red-tailed ha�vk nest within 250 3.15R17 feet oF the development property. CDFW setback huffer requirements prohibit any development activity within 300 feet of an active raptor nest during the nesting season {Februaryl Au�ust 31}. Aliowing Frttgmentation and Retlucing Connectivitv of Special Statns St�ecies Habitat: The 3.15R.18� unnamed creek located adjacent to the planned residentiai development project is one of only two riparian corridors which allow species to freely move along the existing riparian corridor into the Tassajara Creek and Camp Parks open space. The Northern Drainage C�nservation Area,Fallon Preserve and Moiler Preserve where all established to rnitigate development allowed by the City of Dublin within the Eastern Dublin Specific Plan area. 5 • Past City and resource agency approvals associated with development projects within the 3.15R19 Eastem Dublin Specific P(an area�vere made with the intent of providing a large preserve in northeast Dublin and allowing connectivity to the Tassajara Cre�k corridor and Camp Parks open space.The restoration and preservation work which has occurred along the unnarned creek was intentional and for the specific purpose of ensurin;connectivity between the two habitax units.Allowing development of#his property��vould be in direct conflict with this intent and remove any futare restoration opportunities that are available on this properiy. • Development of the properry would lead to fucther fragmentation of an already negatively 3.15R.20 impacted 1an�dscape. • Habitat fragmentaxion and reduction a£cannectivity between the Tassajara Creek corridor 3.15R21 and Camp Parks open space areas with the large open space provided by thc preserves would negatively irapact existing populations of not onty special sratus spe�ies but local witdlife species as well. Inconsistencv with the Easfern Dublin Comnrehensive Sfream Restoration Program: • 3.15R.22+ � A minimum setback of 100 feet from the top of bank is required unless an exception is approved by the CDFW. • A any portions af a proposed access road and wall located beneath the dripline of the riparian corridor would require authorization(Streambed Alteration Agreement)from CDFW. • Buffers for nesting birds generally range from t00-300 feet from the acrive nest and are determined through negotiations with CDF�iT. � Any disturbance to the riparian trees such as remuval or evou trimming branches would require suthorizatians frorn the preserve properry owner, land manager,arantee(CNLNI}, CDFW and all Third Party beneficiaries associated with the conservation easement. If vou have any questions,please feel free to contact me at(408)472-4343. Sincerely, ��i�!/ Jeff Olberding Wetland Rewiatory Scientist 6 City of Dublin Page 109 Response to Comments June 2017 ' Wanmei Development Project 3.15R:Jeff Olberdin� Resnonse 3.15R.1:This comment is noted for background information. Resqonse 3.15R.2:There is no evidence that special-status species occur on the site. The IS/MND asserts that the"LSA report notes that the Project site...contains no candidate, special- : status or sensitive plant or wildlife species or their respective habitats,"and, "lack of candidate, special-status and protected species on the site was confirmed in the WRA peer review report." WRA evaluated the occurrence of habitat for special-status species and did not find any habitat that warranted protocol-level surveys. Response 3.15R.3: Based on nearby documented occurrences and the presence of suitable if relatively low-quality habitat,there is some potential for burrowing owl to occur within the project site.The project is required to comply with Mitigation Measure 3.7/20.0 contained in the Eastern Dublin EIR, as updated by Mitigation Measure BIO-8.This measure is consistent with the most recent CDFW requirements and requires pre-construction surveys for species of special concern in Eastern Dublin, including burrowing owl. If burrowing owl is found,active sites shall be avoided and appropriate permits obtained from biological resource agencies. LSA Associates conducted a further site visit evaluating the conditions on the project site on May 9, 2017. LSA confirmed the conditions were unchanged from its prior site evaluation and that there are no protected species or habitat for protected species located on the project site. Response 3.15R.4: Ingress/egress points from adjacent preserved areas are limited to portions of the site not containing wildlife exclusion fencing, i.e.,the north and west borders and the northern portion of the east border. However, areas north and west of the site are paved and developed and regularly used by vehicles and people. Regarding the unfenced eastern portion of the project site, as stated in the WRA report,these two species would have to pass through more suitable grassland habitat in the NDCA before entering the disturbed project site.The project site contains minimal vegetation and no suitable habitat. Response 3.15R.5:The biological reports do discuss local documented occurrences of special status species adjacent to the Project Site (p. 3 and pp. 5-8 of the LSA and WRA reports, respectively). Both LSA and WRA found it extremely unlikely that the listed California red- legged frog(CRLF)and California tiger salamander(CTS)would occur within the project site (LSA report page 3 and WRA report pages 6 and 7). The project site does not contain aquatic ' features and thus does not provide breeding habitat for either species or non-breeding aquatic habitat(in the case of CRLF). Protocol-level survey methods for both species are focused on potential aquatic breeding habitat or otherwise typical upland habitat areas(for CTS), neither of which is present on the site. While the project site does contain ground squirrel burrows and debris piles, it is unlikely CTS and CRLF utilize these as refugia. Ingress/egress points from I _ _ _ ��-��� City of Dublin Page 110 Response to Comments June 2017 Wanmei Development Project adjacent preserved areas are limited to portions of the site not containing wildlife exclusion fencing, i.e., the north and west borders and the northern portion of the east border. However, areas north and west of the site are paved and developed and regularly used by vehicles and people. Regarding the unfenced eastern portion of the Project Site, as stated in the WRA report, these two species would have to pass through more suitable grassland habitat in the NDCA before entering the disturbed project site.The project site contains minimal vegetation and no suitable habitat for the species. Moreover, it is even more unlikely for these species to remain there in burrows or under debris due to the regular disturbance of the debris piles, the regular human and vehicular disturbance throughout the site, and the lack of easily accessible aquatic habitat due to the presence of the barrier fence to the south. Therefore, it is unlikely CRLF and CTS would shelter or estivate within the project site.The project would minimize any potential for impact to these species, however unlikely, by conducting a CRLF and CTS pre-construction survey prior to ground disturbance (Mitigation Measure BIO-6), and by completing the wildlife exclusion fence and constructing a permanent wall around the south and east portions of the project site. Resaonse 3.15R.6:The project site itself does not function as an effective wildlife corridor because it does not directly connect noncontiguous habitat areas. Corridors are defined as "spaces identifiable by species using it that facilitates patches of otherwise disjunct habitat" (Lidicker 1999 in Hilty et al. 2006).Thus,the corridor has to provide a connection to habitat areas that would not otherwise be connected. By this definition,the site is not a corridor for wildlife because the preserved tributary to the south of the project site already provides this connection with a restored natural pathway between the Northern Drainage Conservation Area to the east and Tassajara Creek to the west. Wildlife seeking to move between these two areas would naturally choose the direct, continuous tributary corridor rather than regularly wandering through the developed project site. Given that the land to the immediate north and west of the site is already developed with the Quarry Lane School and Tassajara Road, and there are substantially larger tracts of developed land in close proximity to the north, south and east, the project would not result in any fragmentation of the open space in the vicinity. Fragmentation is defined as "the transformation of a continuous habitat into habitat patches that vary in size and configuration" (Fahrig 2003 in Hilty et al. 2006).The site does not provide continuous habitat for wildlife to pass through in order to access other habitat areas, unlike the preserve adjacent to the project site. Response 3.15R.7: Urban development along Tassajara Road and elsewhere in Eastern Development was fully analyzed by the City of Dublin in the Eastern Dublin EIR.The project was analyzed for future residential uses,the same as proposed in the project. No changes are proposed in the type of development or density than is assumed in the Dublin General Plan and City of Dublin Page 111 Response to Comments June 2017 Wanmei Development Project Eastern Dublin Specific Plan.Therefore,the concerns regarding wildlife corridors and connectivity have already been fully analyzed. The commenter is also directed to the Response to Comment 3.13R.6, above. Response 3.15R.8:The applicant will apply for required permits from the California Department of Fish &Wildlife, if needed. Also, see the Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback. Response 3.15R.9: Per the Revised and Recirculated IS/MND,the project would comply with Mitigation Measure BIO-2, as revised by this document, and avoid disturbance to active bird nests.The mitigation measure does not state a specific distance outside the project site which would also be surveyed.Thus,the mitigation measure will change as documented below,to include areas within 250 feet of the project site boundaries in addition to the project site itself. The WRA report, recommended the size of nesting bird buffers be determined based on the judgment of a qualified biologist considering specific species, location of the nest, and extent of ' visual and noise disturbance. Response 3.15R.10:The applicant will apply for required permits from the California Department of Fish &Wildlife, if needed. See also Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback. Response 3.15R.11:As stated in the Revised and Recirculated IS/MND, impacts to special-status species are anticipated to be less than significant with mitigation. The site is already highly disturbed and thus does not contain habitat for the vast majority of local protected species. Impacts to protected species with potential to occur on the Project Site will be avoided through the Mitigation Measures outlined in the Revised and Recirculated IS/MND(avoidance of riparian trees, nesting bird and roosting bat surveys, extending the existing CRLF barrier and constructing a secondary barrier, prohibition on the use of rodenticides,golden eagle nest avoidance measures, pre-construction survey for CRLF). Resaonse 3.15R.12:The commenter is directed to the response to Comment 3.13R.11 regarding the potential presence of special-status species on the site. Response 3.15R.13: Based on nearby documented occurrences and the presence of suitable if relatively low-quality habitat,there is some potential for burrowing owl to occur within the project site.The applicant is required to comply with Mitigation Measure 3.7/20,0 contained in the Eastern Dublin EIR and complete pre-construction surveys for burrowing owl. Impacts to other protected species with potential to occur on the Project Site will be avoided through the Mitigation Measures outlined in the IS/MND (avoidance of riparian trees, nesting bird and roosting bat surveys, extending the existing CRLF barrier and constructing a secondary I�I _ ._. . ___.__��.����..�,. .�. �.� .c �,,a.�..�..�.: �,.; � City of Dublin Page 112 Response to Comments June 2017 Wanmei Development Project barrier, a general prohibition on the use of rodenticides except under special conditions,golden eagle nest avoidance measures, pre-construction survey for CRLF). Response 3.15R.14: In WRA's professional opinion, protocol-level surveys are not warranted for the proposed project. Protocol-level survey methods for both CTS and CRLF species are dependent upon presence of suitable habitat for these species, potential aquatic breeding habitat or otherwise typical upland habitat areas(for CTS), neither of which is present in the project site.Therefore, protocol-level studies are not needed. Mitigation Measure BIO-6 requires pre-construction survey of the project site for CRLF and CTA species prior to ground disturbance activities. Response 3.15R.15:This comment is noted for information.The commenter is directed to Responses to Comments 3.13R11 through 13 regarding the potential presence of special-status species on the site. Response 3.15R.16: Potential Ingress/egress points from adjacent preserved areas are limited to portions of the site not containing wildlife exclusion fencing, i.e.,the north and west borders and the northern portion of the east border. However, areas north and west of the site are paved and developed and regularly used by vehicles and people. Regarding the unfenced eastern portion of the project site, as stated in the WRA report, these two species would have to pass through more suitable grassland habitat in the NDCA before entering the disturbed project site.The site contains minimal vegetation with no suitable habitat. Moreover, it is even more unlikely for these species to remain there in burrows or under debris due to the regular disturbance of the debris piles,the regular human and vehicular disturbance throughout the site, and the lack of easily accessible aquatic habitat due to the presence of the barrier fence to the south.Therefore, it is unlikely CRLF and CTS would shelter or estivate within the project site.The project is minimizing any potential for impact to these species, however unlikely, by conducting a CRLF and CTS pre-construction survey prior to ground disturbance (Mitigation Measure BIO-6), and by extending the existing CRLF barrier and constructing a secondary barrier consisting of a 4-foot block wall with 2-feet of ornamental steel on top along the southern and eastern project boundaries. Response 3.15R.17: Pre-construction nesting bird surveys will be conducted per(see Replacement Mitigation Measure BIO-2). Response 3.15R.18:This comment is noted and has been responded to as part of Comment 3.15R.7. Response 3.15R.19:The project property has been designated for urban uses in the City's General Plan and Eastern Dublin Specific Plan since 1994. If it were the intent of the City and appropriate regulatory agencies to include this property in the Northern Drainage Conservation Area it would have been purchased some years ago to preclude development.Since this action City of Dublin Page 113 Response to Comments June 2017 Wanmei Development Project was not taken,the current property owner desires to develop this site as set forth in the City's General Plan and Eastern Dublin Specific Plan.The Revised and Recirculated IS/MND contains measures to mitigate impacts to identified biological resources. Response 3.15R.20:The commenter is directed to Response to Comment 3.13.19, above.The City also notes that the site has been used as a landscape and contractors storage yard for many years. Response 3.15R.21:See Response to Comment 3.15R.7. Response 3.13R.22:The project generally complies with the Eastern Dublin Comprehensive Stream Restoration Program.As allowed by the Program,the applicant is requesting an exception from the 100-foot setback requirement. As documented in the Revised and Recirculated IS/MND, no significant impacts would occur with respect to biological resources. See Master Response for Potential Impacts Due to Encroachment into 100-foot Creek Setback. +"��°''�`��,TJKM ;r-: November 16,2016 Letter 3.16R! Patricia E.Curtin Wendel, Rosen, Slack&Dean, LLP 11118roadway,24�'Floor OakEand,CA 94607 5ubject Wanmei Development Project in the City of�ublin Dear Ms.Curtin: TJKM was asked by representatives of the Quarry Lane Schoo)ta review the tra�c aspects of the proposed Wanmei Deveiopment Project,a 19-unit single family home develapment to be [ocated at 6237 7assajara Road in �ublin.7he developmen#is immediately south of the Quarry Lane School on the east side of Tassajara Road. QLS has been located at this site for a number of years and,as a priva#e school serving a multi- 3.16R1 city area,has mvst of its students arriving via private auto.The school has been very creative in scheduling the start and end of school for various classes i�order to mfnimize the overlap of arriving and departing students.Nonetheless,during periods before and after school,there is considerable back up in the northbound direction of Tassajara Road as parents queue up in their cars to deliver or pick up their children. This iine at times extends mare than 500 feet to the south of the signalized entrance to the school. The school employs personnel to expedite the #low of vehicles to and from the campus at its signalized entrance. � . ,� ": � � Miy: -- .,i � 2�� r' . ci`;�': ��'� ,�. ixy � • ... '� .w__ f I The photo,taken on November 15 at about 3 p.m.,shows northbound traffic backed up from the signalized entrance to the school.The last vehicle in the picture is located about 480 feet PLEASANTON ♦ SAN JOSE • SANTA ROSA ♦ SACRAMENTO ♦ FRESNO Gorporate Office:4305 Hacienda D�ive,Suite 550,Pieasanton,CA 94588 ♦ Phone:925.463.0611 ♦ www.TlKM.com DBE#�30772 ♦ 56E#38780 �_ _ ..,v;�-,-;f;-:. ' Ms.Patricia Curtin ���,,:�t,TJ KM November 16,2016 2 from the signalized entrance to the school. In the photo,the driveway for the new subdivision witf be Iocated at approximately the Iocation of the yellow car in firont af#he white sign in the firont yard of the home(which will be removed)which is next to#he school.7he driveway will be located about 230 feet south of the signalized intersettion, meaning in#his phot�it will be near the midpoint of the line of vehicles. This line up exists on most schooi days both before and after schaol.It does not appear that 3.1bR.2 ( #r�a�c from the new homes,estimated in the environmental document to be about 175 vehicle trips per day,will cause significant problems for the operation of the schoal,including the lines of#rafF'ic in the morning and evening.However,there is concern that the reverse may be true— the lines of traffic related ta the school may cause the new homeowners some delays and difficulty in getting to and from their homes. This is likely to be at the worst in the morning perieds when school arrivals and homeowners'departure for work occur simul#aneously.TJKM foresees that future owners of the 19 planned homes cauld raise complaints against the schooi and even the City far"creating"this situation. The City, in its environmen#al analysis of this project,does not appear to have addressed this 3:1bg,3 issue.T1KM suggests that additional analysis of access to the deve(opment should be considered,particularly in light of the schaol operations.Most of the homeowners exiting the ' new street,even without lines of school-baund traffic,will want to travef south on Tassajara Road.Since a median is present,this means cutting across afl northbound lanes of traf�rc and entering the northbound left tum lane to make a U-tum to travel south. The 230-foot distance between the driveway and the point of U-tum is very short;this issue shauld aiso be addressed in further studies. We wilE be happy to respond to any questions about this matter. Very ttuly yours, : _ � . Chris D.Kinzel, P.E. Vice Presiclent r.�A . _ , ,...�. � , __ �,���. City of Dublin Page 116 Response to Comments June 2017 Wanmei Development Project 3.16R: Chris Kinzel,T1KM Associates Response 3.16R.1:This comment is noted as background information regarding local traffic conditions associated with Quarry Lane School. Specific comments on alleged Project traffic impacts are addressed below. Response 3.16R2:This comment is noted, however, the commenter notes that the addition of project traffic is not anticipated to be significant impact of the project.The queuing of cars along Tassajara Road during student drop-off and pick-up is part of the existing condition.The impacts of existing conditions on the project are not required to be analyzed under CEQA. See also Response to Comments 3.4.4 and 3.16R.3 Response 3.16R.3:This comment is noted, however, the situation described by the commenter would not be a significant environmental issue that requires additional study. During the a.m. peak period,the length of school vehicles queuing at the signal will be anticipated to be moving at a slow rate of speed with a number of stops due to the red light signals.This will provide ample opportunity for project vehicles to "edge out" into the slow stream of traffic to be able to access the left turn lane safely. Letter 3.1.7R� Marnie Delgado _ From: �oNeen Lenihan <colleenlenihan�comcastnet> Sen� Tuesday, November 22,2016 3:31 PM To: Marnie Deigado Cr. Cathy Little Subject: Wanmei Gotden Eagte negative declaratian Hi Marnie, 3.17R1 Thank you for sending me the Revised Study concerning the Wanmei project.I have r�ad the MND and concur �vith the generai assessment of project impacts.In addition,the mitigatian measures seem appropriate.My main concern for this nest during the 2017 nestit�g season has to do with timing. Tb�e eagie pair commenced nesting later than most during 2QI6,laying eggs on March 29 th.In comparison,the Redgewick eagle pair laid on Febnxtuy l. Currently both pairs remain resident as temtory holders defending foraging areas within the NDCA and surrounding open lands.It is likely both pairs wilf nest next year and the new Round hill pair may initiate egg Iaying later wl�ich could impact the Wanmei development schedule. Secondly,the act of monitoring breeding golden eagles cau cause nest disturbance.The Roundhill nest is highly visible but difficult to ob�rve from an appropriate distance,nieaning a Ioca#ion in which the observer does not cause an eagle to react ta their presence.Choosing an appropriate 4bservation Point(OP)is ariticatly important in oxder#o monitor normal eagle behavior.As such,the best observation point shouJd be located at a distance that will not cause the bresding pair to rea.ct negatively ta the observer. 4ne of the best dP's frum wluch to monitor the Roundhill n�st is at the Quarry Lane school,not only because it offers a clear view but also because the eagtes are used to human activity in the are�a,making tliem less likely to react#o morutoring efforts.I am hoping the school will allow the presence of eagle observers on their campus.Perhaps you can help secure a conuniitment from them for this activity? 3.17R2 Onc�again,I witl be monatoring bo#h golde��eagle pairs within the NDCA as the Center for Natural Lands Management's raptor biologist.As al�vays,r will inform the City of Dublin when I first notice ttesting activity by either pair.If you can,�lease keep me informed of Wanmei's development schedule. i am more than happy to interact collaboratively and caoperativel.y to ensure that the Roundhill pair is not disturbed by the developrnent process.We have successfuliy worked together for over 25 years now to keep eagles breeding in Dublin.I'm hopin�201'7 will be another great year for golden eagles raising chicks in Dublin,Californi�. Thanit you so much for your continued support aud stewardship of golden eagles! �'eel free to call me at any time with questions. colleen �o�een[,.enitian,p�,p � e-mai�:u>>:CGnI^.fuI�M7PCin1.Jf:.4.nCt � +�3-33d-f536�ome QFwny/�ax �Frg-6oe-ja3a bu-d pl�one �"joPe is dx khing witl�feael�vs �at perches in tf�e soul —�n�ly Dic4cinaon 1 I _ . ,-� �.�.,;�� � �_ City of Dublin Page 118 Response to Comments June 2017 Wanmei Development Project 3.17R: Colleen Lenihan Resqonse 3.17R.1:These comments are noted.The commenter's concern about timing of potential 2017 egg lying will be transmitted to the eagle monitor jointly selected by the applicant and the City. See Mitigation Measures BIO-4 on protocol that will be used with regard to monitoring eagle and its nest. Response 3.17R.2:These comments are noted and no further response is required. Let#er 3.18R � Mamie Deigado From: Richard Gua�ienti <guari(q�comcast.net> Sen�: Tuesday, November 2Z,2�15 4:43 PM To: Marnie Delgada 5ubjec� Wanmai projed Please do not pursue this project of building 19 homes on non-vested land.We heve too many homes in the pipeline already to be buiit on ves#ed land without adding more.The need to protect ou�current open space is more critical at this time. Richard Guarienti Dublin resident. Sent from my iPad 1 ,I City of Dublin Page 120 Response to Comments June 2017 Wanmei Development Project 3.18R: Richard Guarienti Response 3.18R.1:The commenter's opinions on the merits of the project are noted and will be considered by the City of Dublin during the public hearing process. Letter 3.19R Marnie Detgado From: klma�shall aUjuno.com Sen� Tuesday,November 22,2016 4:44 PM To: Marnis Delgado Subject: Wanmei project Dear Marnie Delgado, Developing the Wanmei project in such a way as to endauger the healtt�of the eagies that nest there would be terri.bly wrong. We iive in an area that is rich with wildtife which maices our lives so much better. I feel very strong about this and hope that the city vvill feel that the eagles are worth i� There is not just one but two nests : in this area and ciiy shouid feel privileged that they are there. Dur city has built tall cement buildings all over ; the city and it is not too much too ask that this one area be protected. I will keep this short,but it is important to get my input in tlus matter that mes�as a great deal to our area. Marie Marshall � G � ,�-,-� -� . _ City of Dublin Page 122 Response to Comments June 2017 Wanmei Development Project 3.19R: Marie Marshall Response 3.19R:The commenter's opinions on the merits of the project are noted and will be considered by the City of Dublin during the public hearing process. Concerns about impacts to nearby Golden Eagles are addressed in Mitigation Measures BIO-4 and 5. . City of Dublin Page 123 Response to Comments June 2017 Wanmei Development Project REFERENCES: [CDFW] California Department of Fish and Wildlife. 2016. California Natural Diversity Database,Wildlife and Habitat Data Analysis Branch. Sacramento. Accessed: December 2016. Hilty,J.A.,W. Lidicker Jr., and A.M. Merenlender. 2006. Corridor Ecology;The Science and Practice of Linking Landscapes for Biodiversity Conservation. Island Press,Washington DC. Kochert, M. N., Karen Steenhof, C. L. Mclntyre and E. H. Craig. (2002). Golden Eagle (Aquila chrysaetos),The Birds of North America (P. G. Rodewald, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America: https://birdsna.or�/Sqecies- Account/bna/species/�oleag Rich, C. and T. Longcore, eds. 2006. Ecological Consequences of Artificial Night Lighting. Island Press, Washington DC. Sproul, MJ and M A Flett. 1993. Status of the San Joaquin kit fox in the northwest margin of its range.Transactions of the Western Section of the Wildlife Society 29:61-69.