HomeMy WebLinkAbout5.1 PH Wanmei Properties G��OF DrjB�
i9� ��� �82 STAFF REPORT
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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�
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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
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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:
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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:
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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.
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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.
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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.
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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:
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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
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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.
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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.
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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.
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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
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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
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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).
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
.��;
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,.�
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� � � �
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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
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� 1. 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)
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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)
�
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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))
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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
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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)
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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
�
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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) ,
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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)
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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)
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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?
�
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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
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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).
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� 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_
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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
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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).
�
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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
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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 �
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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
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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.
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�"' 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.
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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 '�
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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
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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
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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
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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.
�
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�
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
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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
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___-__
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.
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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
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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.
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!� 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
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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).
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� 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
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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 ,,,�
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� 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
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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 �
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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
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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 �''
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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
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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
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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
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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 �
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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
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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 �
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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
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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 �
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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 �
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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.
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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
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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
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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), '
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. 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:
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• 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.
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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
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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
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(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.
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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
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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 �
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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 ;
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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.
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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:
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• 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 '
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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: �
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�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. �
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• 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
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• 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,
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MaIcolm J. Sproul
Principal
Attachments: Table 3-2 from Eastem Alameda County Conservation Strategy I
cc: Sophia Liu I
Hayes Shair i
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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
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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.
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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.
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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.
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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. _
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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
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12
beecheyi squirrel •
. •
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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
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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
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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:
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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
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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.
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6237 Tassajara Road, Dublin, CA Page S
Environmental Noise Impact Study 10 March 2016
Figure 1: Site Plan and Ambient Noise Measurement Locations �
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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�
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'✓�:)
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.
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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.
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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
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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.
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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
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..,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.