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HomeMy WebLinkAbout06-10-2014 - Agenda PacketPlanning Commission
Regular Meeting
City of Dublin June 10, 2014
City Council Chambers 7:00 P.M.
100 Civic Plaza
1. CALL TO ORDER & ROLL CALL
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ADDITIONS OR REVISIONS TO THE AGENDA
4. MINUTES OF PREVIOUS MEETINGS – May 27, 2014
5. ORAL COMMUNICATION -
At this time, members of the public may address the Planning Commission on any non-agendized item(s) of interest to the
public. In accordance with State Law, no action or discussion may take place on any item not appearing on the Planning
Commission agenda. The Planning Commission may respond briefly to statements made or questions posed, or may
request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the
Assistant Community Development Director regarding proper procedure to place an item on a future Planning
Commission agenda.
6. CONSENT CALENDAR
7. WRITTEN COMMUNICATIONS
8. PUBLIC HEARINGS
8.1 PLPA 2014-00013 – Nielsen Residential Project - Site Development Review and Conditional Use Permit for
minor amendments to Planned Development Zoning District PA 07 -057.
8.2 PLPA 2013-00002– Heritage Park - General Plan/Dublin Village Historic Area Specific Plan Amendments,
Planned Development rezoning with a related Stage 1 and Stage 2 Development Plan, Parcel Map 10259, Site
Development Review, Vesting Tentative Subdivision Map -Tract 8160, Environmental Impact Report, and
Development Agreement for a 6.6-acre site.
9. NEW OR UNFINISHED BUSINESS
10. OTHER BUSINESS:
Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including
Committee Reports and Reports by the Planning Commission related to meetings attended at City
Expense (AB 1234).
11. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons
with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and
regulations adopted in implementation thereof. To make a request for disability -related modification or accommodation, please contact the City
Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting.
A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at
least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less than 72 hours prior
to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Depart ment.
(OVER FOR PROCEDURE SUMMARY)
OF DU���
IZ X82 STAFF REPORT
PLANNING COMMISSION
DATE: June 10, 2014
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PLPA 2014-00013 — Nielsen Residential Project -
Site Development Review and Conditional Use Permit for minor
amendments to Planned Development Zoning District PA 07-057
Report prepared by Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
The Applicant, William Lyon Homes, is requesting approval of Site Development Review and an
amendment to the Planned Development Zoning District Stage 2 Development Plan for the
construction of 36 single-family homes on an approximately 11 acre site. Vesting Tentative Map
7950, which established the subdivision of the site into multiple residential lots, was approved by
the Planning Commission in 2010. The current project application is to approve the architectural
design of the neighborhood and minor modifications to the Planned Development Zoning District
(PA 07-057). Minor modifications to a Planned Development Zoning District can be approved
by means of a Conditional Use Permit.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
Public Hearing; 3) Take testimony from the Applicant and the public, 4) Close the public hearing
and deliberate; and 5) Adopt the following Resolutions: a) Approving Site Development Review
for a new 36-unit single-family residential neighborhood on a 10.9-acre parcel at 6407 Tassajara
Road; and b) Approving a Conditional Use Permit for minor amendments to the development
standards, planned development exhibits, landscape and open space guidelines, and
architectural criteria for the Nielsen Project Planned Development Zoning District (PA 07-057).
Submitted By Re iew y
Principal Planner Assistant Community Development Director
COPIES TO: Applicant
File
ITEM NO.: 8.1
Page 1 of 9
GAPA\2014\PLPA-2014-00013 Nielsen SDR-PD amend\PC 06.10.2014\PCSR Nielsen 06.10.14.docx
PROJECT DESCRIPTION:
Background:
The Nielsen property is 10.9 acres in size and is located within the Eastern Dublin Specific Plan
area. The property consists of one residence, one mobile home, sheds, a livestock/animal area,
and a wireless communications monopole with related equipment storage.
Figure 1: Vicinity Map
The 10.9 acre property is generally ,
rectangular in shape, has TACO"
approximately 600 feet of frontage COS O�S`t
along Tassajara Road and has a CoP1.1�pp,C
depth of approximately 780 feet. The
property consists of gently roiling hills
and increases in grade from
Tassajara Road (nearly 455 feet
above sea level) up to the rear WALLIS RANCH
portion of the property (approximately 1.
565 feet). Figure 1 shows the
Nielsen Property and its
surroundings. Surrounding uses
include the Sllvera Ranch residential
neighborhood to the north, Quarry x Y:
Lane School to the south, the future K �,
Wallis Ranch property to the west PROJECT SITE \1
across Tassajara Road, and rural I
residential land to the east. J
i
The site has a General Plan and DUBLIN RANCH
Dublin Specific Plan land use
Eastern p DUBLIN RANCH DRIVE
designation of Low Density Single 1
Family Residential. Q ��
Entitlement History: 1
On October 1, 2002, the City Council
adopted Ordinance 15-02, pre-zoning
the Nielsen and Silvera Ranch '
properties to PD (Planned
Development) and adopted a related I -
Stage 1 Development Plan. The
Nielsen property was included in the
Silvera Ranch annexation so that the -----.___P ENN_�TRAL
Nielsen property did not form a
"county island" surrounded by land
within the City of Dublin. No development was proposed on the Nielsen property at that time and
the adopted Stage 1 Development Plan allowed the existing uses to continue on the site. Final
annexation of the properties occurred on May 5, 2003.
In 2010, the City Council approved Resolution 76-10, approving a General Plan and Eastern
Dublin Specific Plan Amendment to designate the site Single-Family Residential, and Ordinance
11-10, approving a Planned Development Zoning District for the property along with a related
Stage 1/2 Development Plan. The Planning Commission also approved Resolution 10-21 for
2 of 9
i
Vesting Tentative Map 7950. At that point the zoning was in place for a future residential
subdivision on the project site, and the Site Development Review approval for the design of the
actual homes was expected to come at a later date.
Project Proposal
In 2014, William Lyon Homes acquired the site from the Nielsen family and submitted the Site
Development Review application to permit the construction of 36 single-family homes. With the
Site Development Review application, several minor modifications were proposed to the Stage
1/2 Development Plan to accommodate the proposed neighborhood layout and slightly modified
lot configuration.
The difference in the subdivision layout between the original 2010 approval and the 2014
proposal is illustrated in Figures 2 and 3. The overall subdivision layout has been determined to
be in conformance with Vesting Tentative Map 7950 by the City Engineer.
Figure 2: 2010 subdivision layout Figure 3: 2014 subdivision layout
31LViRA l4NCT1 PWSy i" Sl .;H .....%
iA
j Wri- ••nS i r 1.( L _ N N t{I+HPE
f I i
1
------ t =r
i
-
w,R.M n a I
i
The Development Plan modifications and the Site Development Review plans are described in
more detail in the sections below.
ANALYSIS:
Minor Amendments to the Stage 1/2 Development Plan
The Stage 1/2 Development Plan approved in 2010 set the framework for future project review
(Attachment 1). The Development Plan included the following sections:
1. Permitted and conditionally permitted land uses,
2. Residential site development standards,
3. Landscape and open space guidelines; and
4. Architectural criteria, guidelines, and styles.
The proposed amendments to the Stage 1/2 Development Plan include minor modifications to
Section 2 (Residential Design Standards Table) and the typical lotting concept. Modifications to
the Design Standards Table were desired based on the architectural designs of the homes and
the way in which they were fitting onto the lots. Modifications include slight reductions in certain
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setbacks and the deletion of references to specific lot numbers (that have changed since the
original approval).
Exhibit A to Attachment 2 contains the amended Residential Design Standards Table and
Typical Lot Setback Details in the Stage 1/2 Planned Development Amendment plan set.
The 2010 Stage 1/2 Development Plan also included several different exhibits that have been
modified based on the refined site layout, including:
Sheet PD2-1 (Development Plan) is amended based on a refined layout for the subdivision
Sheet PD2-2 (Preliminary Landscape Plan) is deleted and replaced with new landscape
plans in the SDR plan set
Sheet PD2-3 (Street Sections) is amended and renumbered
Sheet PD2-4 (Ownership and Maintenance Plan) is amended and renumbered
Sheet PD2-5 (Parking Plan) is deleted and replaced with a new exhibit in the SDR plan set
Sheet PD2-6 (Wildfire Management Plan/Fire Access Plan) is amended and renumbered
Sheets PD2-8 and 2-9 are deleted and replaced by new civil sheets in the SDR plan set
Sheet L.1 (Fence and Wall Plan) is deleted and replaced by new landscape sheets in the
SDR plan set
One item to note on the amended Development Plan (Sheet PD2-1) is that the revised
subdivision layout now provides a parcel for the continued existence of an existing wireless
communications facility at the southeast corner of the project site. The wireless antennas are
located within a faux-tree structure with an associated ground-mounted equipment cabinet.
Exhibit A to Attachment 2 contains the new, amended, and renumbered PD sheets in the Stage
1/2 Planned Development Amendment plan set.
The proposed amendments to the Stage 1/2 Development Plan also include minor modifications
to Section 3 (Landscape and Open Space Guidelines) and Section 4 (Architectural Criteria,
Guidelines, and Styles).
For the Landscape Guidelines, the minor modifications include revisions to text that describes
the overall site layout, the deletion of references to specific lot numbers (that have changed
since the original approval), the deletion of references to the emergency vehicle access (that is
no longer needed based on the current layout), and the removal of wall/fencing details, which
have become a part of the SDR plan set.
For the Architectural Criteria, the minor modifications include the deletion of references to split
pad home design, which is not a design feature of the proposed Site Development Review
application, and the deletion of references to specific lot numbers.
Exhibit B to Attachment 2 contains the amended Landscape and Open Space Guidelines and
Exhibit C to Attachment 2 contains the amended Architectural Criteria, Guidelines, and Styles.
Chapter 8.32 of the Zoning Ordinance allows the Planning Commission, by means of a
Conditional Use Permit, to approve minor amendments to an adopted Development Plan upon a
finding that the amendment substantially complies with and does not materially change the
provisions or intent of the adopted Planned Development Zoning District Ordinance for the site.
In accordance with this Chapter, the Resolution approving a Conditional Use Permit for minor
amendments to the development standards, planned development exhibits, landscape and open
4 of 9
space guidelines, and architectural criteria for the Nielsen Development Project is included as
Attachment 2 to this Staff Report.
Site Development Review
The project has been designed to be a distinct neighborhood that compliments its site and the
surrounding context, topography and land uses. The overall architectural and landscape theme
is intended to enhance and be complimentary to adjacent neighborhoods, encourage pedestrian
access and mobility, and provide the project with design cohesiveness.
Access and Circulation — Primary access to the project site is via Silvera Ranch Drive, an
entry street off Tassajara Road that connects at a signalized intersection. Tassajara Road is
expected to ultimately be a six-lane divided street once completed.
There are three streets in the neighborhood: Street A, Street B, and Street C. Street A will be a
private street, and is designed to meet fire access standards. Street A is single-loaded and will
have on-street parking on one side only. Street B and C will be public streets that can have on-
street parking on both sides.
The main entry drive to the neighborhood will have a separated sidewalk with six-foot wide
parkway strips, and the sidewalk will transition to attached sidewalks within the neighborhood.
Sheet PD2-2.1 of Exhibit A to Attachment 2 illustrates the cross-sections of the various streets
within and adjacent to the neighborhood.
Building Architecture Colors, and Materials — The proposed architecture at the Nielsen
Property consists of three floor plans and three elevation styles for houses ranging from 2,815 to
3,140 square feet in size. The plans emphasize distinct architectural features that are
complimentary to each style; including highlighted entries, porches, and second floor balconies.
Single-story elements have been incorporated into each of the homes to add visual interest and
appeal to the pedestrian scale. Varied setbacks at both the first and second floors further
highlight the architectural massing and reduce the prominence of the garage doors.
The plans include Monterey, European Eclectic, and French Country architectural styles. This
combination produces a cohesive theme while maintaining diversity at the street-scene level.
Each style has its own set of details including varied roof forms, pitches, and overhangs, window
shapes and divisions, trim profiles, gable treatments, and a mixture of exterior materials that will
wrap around all sides of the houses.
A color and material palette has been provided that illustrates nine unique color and material
schemes for the three architectural styles. Each architectural style (Monterey, French Country,
and European Eclectic) has three distinct paint, brick/stone, and roof color combinations that will
yield a blend that is distinctive yet complementary. The sheets under the "Architecture" tab of
Exhibit A to Attachment 3 illustrate all of the floor plans, architectural styles, and provide call-
outs for many of the building details. Color and material boards for all nine options will be
provided at the Planning Commission meeting for review and consideration.
Landscaping/Streetscape Plan — One of the benefits of the refined subdivision layout is the
change to more commonly open space area onsite and the integration of opportunities for more
natural, less water-intensive, landscaping. The landscape design draws on the naturally-
occuring grassland around the project site while introducing more manicured aesthetic at the
residential interface. Tree-lined streets with attached sidewalks create pedestrian linkages
throughout the neighborhood. Low-rise community walls create a consistent theme and
reinforce continuity throughout the community and limit constraining vertical elements.
5of9
Drought tolerant native and Mediterranean plantings are blended for aesthetic appeal as well as
water-saving practices. Strategic use of open fencing affords the residents views to adjacent
natural landscapes and beyond, limits visual barriers, yet has been designed to provide privacy
where warranted. Sheets L-1 to L-5 of Exhibit A to Attachment 3 illustrate the conceptual
landscape design for the project. Condition of Approval No. 35 of Attachment 3 notes the
requirement for the Applicant to complete the construction of sidewalks, parkways strips, and
landscaping from Silvera Ranch Drive onto the project site.
Grading - On site grading will be required to provide building pads, internal roads, and proper
drainage with suitable slope ratios and correct soil conditions. Sheet C-7 of Exhibit A to
Attachment 3 illustrates the proposed grading plan and the location of retaining walls to create
buildable residential pads. Retaining wall heights range from two to four feet.
Parking — Parking for the project will be provided in compliance with the standard of two
covered spaces per unit within an enclosed garage, plus one on-street guest parking space per
unit.
Affordable Housing/Inclusionary Zoning — At a public hearing on June 3, 2014, the City
Council adopted a Resolution approving alternate means of compliance with the City's
Inclusionary Zoning Ordinance. The Applicant is permitted to pay fees in-lieu of constructing
five housing units on the project site. The proposed fee payment is $109,573 per unit for a total
of $547,865.
Public Art Compliance — The proposed project is subject to compliance with the City's Public
Art Ordinance. The Ordinance requires the Applicant's contribution to be .5% of the aggregate
value of the home construction to be determined and calculated by the City's Building Official.
The original Stage 1/2 Development Plan contained a provision to meet this requirement
through the placement of public art on site (Sheet PD 2-7).
The Resolution approving Site Development Review for the Nielsen Project is included as
Attachment 3 to this Staff Report, and Exhibit A to Attachment 3 contains the entire SDR plan
set for the proposed project, including all architectural designs, landscape plans, and civil
sheets.
CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE
In 2010, the City Council approved a General Plan and Eastern Dublin Specific Plan
Amendment to modify the land use designation from Rural Residential/Agriculture (1 unit/100
acres) to Single Family Residential (0.9 to 6.0 units/acre). The proposed Site Development
Review application and proposed minor modifications to the Stagel/2 Development Plan are
consistent with the land use designations of the General Plan and Eastern Dublin Specific Plan.
The proposed project will contribute to housing opportunities and diversity of product type
consistent with the Eastern Dublin Specific Plan, and the City's Zoning Ordinance. The
proposed master planned community is compatible with surrounding neighborhoods and
communities developing in the City's Eastern Extended Planning area. The proposed project
has been reviewed for conformance with the Community Design and Sustainability Element of
the General Plan.
6 of 9
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services
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 Resolution approving Site
Development Review.
ENVIRONMENTAL REVIEW:
The project is located within the Eastern Dublin Specific Plan area, which was the subject of an
Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific
Plan (SCH # 91103064), certified by the City Council in Resolution No. 51-93. The General Plan
Amendment/Specific Plan EIR is a program EIR, which anticipated a series of subsequent
actions related to future development in Eastern Dublin and identified some impacts from
implementation of the General Plan Amendment/Specific Plan that could not be mitigated to less
than significant. Upon approval of the Eastern Dublin project, the City adopted a statement of
overriding considerations for such impacts. The City also adopted a mitigation-monitoring
program, which included numerous measures intended to reduce impacts from the development
of the Eastern Dublin area.
The City, as the Lead Agency, prepared an Initial Study to determine whether there would be
significant environmental impacts occurring as a result of the current project beyond or different
from those already addressed in the Eastern Dublin EIR. Based on the project description, the
Initial Study determined that although many of the anticipated impacts had been adequately
addressed, the project could result in additional significant site-specific impacts. Therefore, a
Supplemental Environmental Impact Report (SEIR) was prepared in accordance with CEQA
laws and regulations.
The Supplemental EIR (SEIR) for the Nielsen Development Project (SCH # 2008052117) was
certified by the Dublin City Council via Resolution 74-10 on May 18, 2010. The Nielsen
Development Project SEIR was prepared in accordance with the California Environmental
Quality Act (CEQA) based upon previous CEQA review of the Eastern Dublin EIR (SCH #
91103064). Copies of the Nielsen Development Project SEIR and previous CEQA documents
are available for review at City Hall, 100 Civic Plaza, Dublin, California, during normal business
hours.
The applications for Site Development Review and a Conditional Use Permit for minor
modifications to the Stage 1/2 Development Plan for the Planned Development Zoning District
(PA 07-057 — Nielsen Development Project) are consistent with and covered by the Nielsen
Development Project SEIR and therefore no additional environmental review is required.
PUBLIC NOTICING:
In accordance with State law, a public notice was mailed to all property owners and occupants
within 300 feet of the proposed project to advertise the project and the upcoming public hearing.
A public notice also was published in the Valley Times and posted at several locations
throughout the City. A copy of this Staff Report has been provided to the Applicant.
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ATTACHMENTS: 1) City Council Ordinance 10-21
2) Resolution approving a Conditional Use Permit for minor
amendments to the development standards, planned development
exhibits, landscape and open space guidelines, and architectural
criteria for the Nielsen Project Planned Development Zoning District
(PA 07-057), with the Stage 1/2 Planned Development Amendment
plan set attached as Exhibit A, the amended Landscape and Open
Space Guidelines attached as Exhibit B, and the amended
Architectural Criteria, Guidelines, and Styles attached as Exhibit C.
3) Resolution approving Site Development Review for a new 36-unit
single-family residential neighborhood on a 10.9-acre parcel at 6407
Tassajara Road, with the Project Plans attached as Exhibit A.
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GENERAL INFORMATION:
APPLICANT/
PROPERTY OWNER: Scott Roylance, William Lyon Homes, 4000 Executive
Parkway, Suite 250, San Ramon, CA 94583
LOCATION: 6407 Tassajara Road
ASSESSORS PARCEL
NUMBERS: 985-0002-009-02
GENERAL PLAN
LAND USE DESIGNATION: Single Family Residential
SPECIFIC PLAN
LAND USE DESIGNATION: Single Family Residential (Eastern Dublin Specific Plan)
SURROUNDING USES:
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF
PROPERTY
North PD Medium Density Residential Medium Density Residential
Silvera Ranch)
South PD Medium Density Residential Quarry Lane School
West PD Stream Corridor and Rural property
Regional Park
East PD Rural Residential/Agricultural Vacant
9 of 9
i
ORDINANCE NO. 11 - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * *
APPROVING A PLANNED DEVELOPMENT REZONE WITH A RELATED STAGE 1
DEVELOPMENT PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN
FOR THE NIELSEN PROPERTY RESIDENTIAL PROJECT
(6407 TASSAJARA ROAD — APN 985-0002-009-02)
PA 07-057
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Nielsen Property project site is located at 6407 Tassajara Road. Through Ordinance
15-02, the City Council adopted PD-Planned Development zoning and a related Stage 1
Development Plan which, among other approvals, allowed the existing rural residential uses to
continue on the Nielsen Property.
B. The Nielsen Property Planned Development Rezone with a related Stage 1 Development
Plan Amendment and Stage 2 Development Plan, as proposed, would permit the future
development of up to 36 units on the project site. The Stage 2 Development Plan establishes
the permitted, conditionally permitted, and accessory uses, site plan, site area and maximum
proposed densities, maximum numbers of residential units by type, development regulations,
architectural standards, and preliminary landscape plan for the up to 36-unit development.
C. The Planning Commission recommended adoption of the Planned Development Rezone
with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan through
Resolution 10-19 following a properly noticed public hearing on April 27, 2010.
D. The City Council considered the Planning Commission recommendation at a properly
noticed public hearing on May 18, 2010 at which time all interested parties had the opportunity
to be heard. The City Council considered the adopted Supplemental Environmental Impact
Report and prior environmental documents, and all above referenced reports, recommendations
and testimony to evaluate the Project, including the PD zoning.
Section 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as
follows:
1. The Nielsen Property Planned Development Zoning, including the Planned
Development Rezone with a related Stage 1 Development Plan Amendment and
Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 in that the
development plan contains a desirable use of land that complements surrounding
land uses, in particular that provides additional residential units in close proximity to
existing residential uses to the north of the project site and continues the
concentration of residential development along the Tassajara Road corridor.
Page 1 of 20
ATTACHMENT 1
2. The a Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan will be harmonious and compatible with
existing and potential development in the surrounding area in that the Project will
implement the type and scale of development envisioned along Tassajara Road in the
General Plan and Eastern Dublin Specific Plan. The Project is generally similar to the
character and density of existing development in the surrounding area. It will provide
attractive and interesting development and will provide pedestrian and bicycle
connectivity along the Tassajara Road frontage of the project site. The cellular phone
facilities that currently exist on the property are expected to remain although their
location may be adjusted slightly to accommodate the new homes. Any new location
will need to be approved through the Site Development Review process and is not
approved in this Planned Development Rezone with a related Stage 1 Development
Plan Amendment and Stage 2 Development Plan.
B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council
finds as follows:
1. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan will be harmonious and compatible with
existing and potential development in the surrounding area in that the Project will
implement the type and scale of development envisioned along Tassajara Road in the
General Plan and Eastern Dublin Specific Plan. The Project is generally similar to the
character and density of existing development in the surrounding area. It will provide
pedestrian and bicycle connectivity along the Tassajara Road frontage of the project
site, which already exists both 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 project has been designed in a manner where the 34 lots
are arranged on two cul-de-sacs to work with the natural grade of the hilly site and the
plan utilizes terraces and stepping the houses up the slope. Lots have been designed
to fit the topography of the site by stepping up the slope and to reduce the need for
exterior retaining walls. The Stage 2 Development Plan will implement all project-
specific mitigation measures and previously adopted CEQA mitigation measures
related to potential environmental impacts associated with development of the site.
3. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan 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 because the Project will comply with all applicable
development regulations and standards and will implement all mitigation measures in
the Project Final Supplemental Environmental Impact Report and all applicable
mitigation measures in the prior EIR.
4. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan is consistent with the Dublin General
Plan and Eastern Dublin Specific Plan in that on May 18, 2010 the City Council
adopted Resolution No. 76-10, approving an amendment to the Dublin General Plan
and Eastern Dublin Specific Plan to permit the development of up to 36 single family
homes on the Nielsen Property and reducing the width of on-site streets. Once the
amendments were approved, the project became consistent with both the General
Plan and the Eastern Dublin Specific Plan,
Page 2 of 20
C. Pursuant to the California Environmental Quality Act, on May 18, 2010 the City Council
adopted Resolution No. 74-10 certifying the Final Supplemental Environmental Impact
Report and Adopting Environmental Findings under CEQA.
D. All of the above referenced resolutions and ordinances are incorporated herein by
reference and available for review at City Hall during normal business hours.
Section 3. ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is
amended to rezone the following property ("the Property") to a PD-Planned Development
district:
10.9 gross acres at 6407 Tassajara Road; APN 985-0002-009-02.
A map of the rezoning area is shown below:
COr� DP COI x U31ANM
Py a�
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waraur�
WMLIN RANCH DRNE
4 DUBLIN "Y
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Page 3 of 20
Section 4. STAGE 1 DEVELOPMENT PLAN AMENDMENT
The Stage 1 Development Plan is amended by changing the zoning from PD-Planned
Development (Rural Residential/Agricultural) to PD-Planned Development (Single Family
Residential).
Section 5. STAGE 2 DEVELOPMENT PLAN APPROVAL
The regulations for the use, development, improvement, and maintenance of the subject
property are set forth in the following Stage 2 Development Plan, which is hereby approved.
The Stage 2 Development Plan permits the development of up to 36 residences on 34 lots,
pursuant to approval of Site Development Review. Any amendments to the approved Stage 2
Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code.
The Stage 2 Development Plan consists of the items and plans identified below.
1. Statement of compatibility with Stage 1 Development Plan
The project proposal includes an amendment to the existing Stage 1 Development Plan that was
approved by the City Council in October 2002 via Ordinance 15-02. The Stage 1 Development
Plan that was approved at that time allowed for the continued use of the Nielsen Property as a
rural residence. This amendment to the Stage 1 Development Plan would allow the
development of up to 36 residential units on 34 lots on the property. Once the amendment is
approved through the adoption of this ordinance, the Stage 2 Development Plan will be
compatible with the Stage 1 Development Plan (as amended).
2. Statement of uses.
The Permitted, Conditionally Permitted, Accessory, and Temporarily Permitted land uses
allowed under the Nielsen Property Planned Development zoning district include, but are not
limited to, the following:
Permitted Uses:
Animal Keeping — Residential
Cellular Towers and related communications facilities (except on a residential lot with a
private residence)
Community Care Facility— Small
Home Occupation in accordance with Chapter 8.64 (Home Occupations Regulations) of the
Dublin Zoning Ordinance - - - -
Community clubhouse or similar facility (pool, spa, fitness room, event area for small
gatherings, kitchen, etc)
Second Unit in accordance with Chapter 8.80 (Second Units Regulations) of the Dublin
Zoning Ordinance
Single-family dwelling
Family Day Care Home — Small
Open Space
Water Quality and Retention facility
Other uses similar and related to the uses above as determined by the Community
Development Director
Page 4 of 20
i
Conditional Uses:
Bed and Breakfast Inn
Family Day Care Home — Large in accordance with Chapter 8.66 (Large Family Day Care
Homes) of the Dublin Zoning Ordinance
Accessory Uses:
All Accessory Uses should be in accordance with Chapter 8.40 (Accessory Structures and
Uses Regulations) of the Dublin Zoning Ordinance
Temporary Uses:
Temporary Construction Trailer in accordance with Chapter 8.108 (Temporary Uses Permit
of the Dublin Zoning Ordinance.
Tract and Sales Office/Model Home Complex in accordance with Chapter 8.108 (Temporary
Uses Permit of the Dublin Zoning Ordinance
3. Stage 2 Site Plan
The Stage 2 Development Plan is shown below and is also included as Sheet PD2-1 in the
Project Plan Set, dated received April 9, 2010, on file at the Community Development
Department. The site plan illustrates potential building envelopes.
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4. Site area, proposed densities.
Land Use Designation Site Gross Site Net Number of Gross Net Density
Acres Acres Units Density
Single Family Residential 10.9 10.0 36 3.3 du 3.6 du
0.9 to 6.0 units per gross acre
Page 5 4V 20
5. Development Regulations.
The Development Regulations for the future development of the Nielsen Property are included
below.
Site Development Standards
inimurn Street Frointage Lot Width 125
Maximum Lot Cov era e
tnitial u oo rmt ,,,
Offier o
Maximum Buildina Hei t
Maximum Stories 2.5
M.Yni ont Setbacks !
Living ace ti
Forch or balcony
Front Facing Garage
Living Space over Forward Garage 50% or less of the second story living area
above garage may extend past recessed first
Minimum S i e Setb ac .s (1) -%tory living area a4iacent to garage
1 Story Livi n S ace ara a ( if duplex s tare of e
2+ to v 5,
Omer Lot Living Space to Street Side PL 0 '° -12' 2-story, 10'ship e-sto r element
Porch or cony
Minim tun Rear Setbacks '607
Living Space/Garage mul.
(20'min. when rear yard is adjacent to another
Specific Lot Setback Requirements
Lots - et ac line m assa' a Koad
Lots min were remove en et ac
Lots - min
Lots 15-20 20'min
Lots _ min
Lots -:° Building envelope will en yon top of
Lots _. min om rear property e
Other Reauirements
Alinirnum Usable Yard
Downhill lots on sloped terrain 12' min flat yard if achievable if not 350 S.F.flat
deck,balcony or front courtyard with a min
dimension of 8'
500 S.F.flat area with a min. dimension of 12'.
aximum ncroac ntents kff) 1\11in. 5clear on one side vard
Accessory triictures Setbacks
5pecific . ccesso tructure e uirements
Lots 15-20 Within 20'of rimary buildin stricture.
Lots—')5-28 7ru—s—tB—e-ETit within thedesignated building
ar aces e uire er ome' .' ` rove e an est
Comer Lot Irian gu ate isi h- asement om face of intersecting street cur
Page 6 of 20
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Notes for Site Development Standards
(A) Setbacks are measured from the property line.
(B) Encroachments:Items such as,but not limited to,roof overhangs,air conditioning condensers,entry stairs,
exterior building stairs,on-grade stairs and approaches,porches,chimneys,bay windows and media centers
may encroach up to two feet or more into the required setback provided there is a minimum of 36 inches of
unrestricted access on one side of the building.Air conditioning units cannot be placed in the front yard. All
utilities are to be screened from public view via walls,enclosures,roof placement,etc.
(C) Setbacks for accessory structures shall be in accordance with Chapter 8.40(Accessory Structures)of the Dublin
Municipal Code,Accessory Structures or as identified in these development standards and PD Rezone.Noise
generating uses such as pool and spa equipment shall be acoustically screened or located outside the setback area.
(D) Accessory Structures as defined in Section 8.08 of the Dublin Municipal Code and covered patios are allowed
an additional five percent of coverage when located in the rear or side yard of the house,or in accordance with
Section 7.28.290 of the Dublin Municipal Code.This percentage may increase if the building footprint coverage
is not at the maximum percentage allowed.However,in no event shall the total coverage on a lot exceed the
combined"Building Footprint"and"Other"coverage.
1. Maximum lot coverage regulations are intended to establish maximum lot area that may be covered with
buildings and structures.Building and structures include all land covered by principal buildings,garages and
carports,permitted accessory structures,covered decks and gazebos,and other enclosed and covered areas;
but not standard roof overhangs,cornices,eaves,uncovered decks,swimming pools,and paved areas such as
walkways,driveways,patios,exterior stairs,uncovered parking areas or roads.
2. Subject to Building Code requirements for access.
3. Where 50 percent or more of the elevation of a home is a single-story element,the setback for the single-story and
two-story elements of that elevation shall be considered as that for a single-story building.
4. Swing-in garages are prohibited on lots less than 55 feet wide.
5. Retaining walls up to six feet high may be used to create a level usable area.Retaining walls in excess of four feet
to create useable area are subject to review and approval of the Community Development Director.Walls over 30
inches in height are subject to safety criteria as determined by the Building Official.
6. Setbacks subject to review and approval of Building Officia l for Building Code and Fire Code issues.Setback to
building overhang to be 36-inch minimum or as required by current City Building Code Standards.
7. At cul-de-sac bulbs or knuckles where lot depths are less than the standard lot depth,minimum rear yard setback
requirements may be reduced by an amount equal to lot depth minus the actual depth of the lot(i.e.100'-90'_
10').In no case will the rear yard setback be reduced to less than 12 feet.
8. Curbside parking maybe counted toward the required number of guest spaces.Tandem garage parking is
permitted for non-required spaces.
9. Minimum 30-foot triangulated visibility easement on front and side streets measured along the face of
intersecting street curb lines.No structures or shrubs/groundcovers over 30 inches in height allowed.(See
diagrams on following pages)
10. Where a minimum five-foot wide HOA landscape parcel lies between a lot or cluster and an adjacent street,the
adjacent lots or cluster shall be considered an interior lot for setback requirements.
11. Usable yard area may be provided in more than one location within a lot with a minimum 150-square foot yard,
deck,patio,courtyard,or similar area.
12. If a secondary unit is present on the lot,one additional uncovered parking space will be required and can be
provided in the driveway.
13. Refer to the Setback and Lot Coverage Exhibit(PD2-8)for specific setback dimensions for each lot.
14. A minimum 3'clear pathway shall be maintained on one side of the house at all times.
Page 7 of 20
6. Architectural Standards.
The Architectural Standards for the future development of the Nielsen Property are included
below.
Architechiral Criteria, Guidelines, and Styles
CONCEPT
The purpose of these Architectural Criteria and Guidelines is to provide design and style direction to the
homebuilder of the Nielsen Property.The Guidelines ensure attractive design and high quality construction for
the project will be done. The Criteria and Guidelines are not designed to be overly restrictive or limiting. but
instead to foster a livable environment that is enjoyable and interesting.
BASIC PRINCIPLES
Regardless of the architectural style,ahome's design is comprised of many components including building mass
and articulation, roof forr i, facade design,living areas and garages, and detailed architectural elements.These
components,when designed appropriately,provide a unified vet varied neighborhood.
The following Design Criteria and Guidelines are provided to ensure that high quality architecture is built
utilizing authentic architectural styles and elements. Roof forms,materials and building massing shall be used
to establish a recognizable style. In addition,detail elements may be used to enhance the character of a style.The
appropriate scale and proportion of architectural elements and the selection of details should be used to provide
authenticity of each style.
NEIGHBORHOOD DESIGN
General Design Parameters
Given the topographic variation within the project area and the premium location of the site, the Nielsen
Property-is expected to be developed with semi-custom homes. Semi-custom homes would be production floor
plans with provision made for customized placement or addition of windows, porches, balconies, and other
architectural elements to respond to specific site situations, including topography and views. Semi-custom
homes shall conform to design requirements outlined below.
Neighborhood Plotting and Massing
It is important to create an attractive, diverse, and livable streetscape within the neighborhood. In addition to
home massing and design and garage placement, this can be achieved by home placement and orientation.
Page 8 of 20
The entry and detailing of the front facade should be the primary emphasis of the front elevation, rather than
the garage.Elements such as porches,trellises,living spaces or courtyards should project forward of the garage.
Entries of primary units should be visible from the street.
Architectural Plan and Style Mix
The Project shall provide a minimum of three different floor plans. Each floor plan shall be designed and built
with roof and elevation treatments representing a minimum of three different,architectural styles. Three color
schemes are required per elevation.
Corner Lot Homes
A different elevation should be created for corner lot homes, or an interior lot plan can be enhanced with
additional architectural elements,details,or materials on the corner side of the house that match those on the
front elevation.
Elements to consider on corner lot homes include:
• Entries placed on the side/corner elevation.
• A porch or projecting side gable that wraps the front and side of the house.
• Broad range of roof forms,and the use of dormers if appropriate to the style.
• Varied building massing.
• Enhanced detailing and materials.
• The building wall adjacent to the exterior side yard is as short as practical.
Interior Conditions
Interior Lots should aim to have articulation so the side and rear yards do not have a canyon affect. Box houses
are not acceptable.In order to not create these situations the following solutions are provided but are not meant
to be limited to these solutions:
• Recess the second story in the rear of the building and on the sides of the building
• Provide plans that use articulation and do not utilize the entire lot setbacks in width and depth.
SLOPE CONSIDERATIONS
Grading Sloped Conditions
The Nielsen Property should be designed to respond to the opportunities offered by the sloping topography.
Due to this,the lots should be stepped as a series of terraces rather than grading a large flat area. The existing
landform should be followed when possible with grading to step up or down the slope.Walls or slopes may be
used to take up slope within the development.
Plotting on Cross Slope Conditions
On street slopes greater than 4% the garage shall be plotted on the high side of the lot. Buildings should be
designed to take advantage of sloped conditions and maximize the views.
Page 9 of 20
Rear Yard Slope Conditions
When buildings have rear yards sloping uphill,rear elevations on the second story should be stepped back to open
up the rear yard and avoid a"canyon-like"effect.On downhill sloping yards,rear elevations should be stepped
back to be more visually appealing from off-site. Refer to other sections herein for additional direction.
SECONDARY DWELLING UNITS
Second dwelling units are permitted and must be an integral and complimentary part of the main unit.
Regardless of location, the secondary unit shall match the style and appearance of the primary unit.The design
of the secondary dwelling unit shall follow the City's Zoning Ordinance with the following requirements and
exceptions:
• Allowed on lots of 5,000 square feet or greater.
• Sized at a minimum of 275 square feet and a maximum of 1,000 square feet. The second unit shall not
exceed 35% of the total floor area of the primary single family residence.
• Only one second dwelling unit permitted per lot.
• One additional off-street parking space will be required;tandem or uncovered spaces permitted.
• The secondary unit shall be incorporated as an integral and seamless component of the primary unlit
and/or the primary unit's garage,if a detached garage is provided.
DUPLEX UNITS
Duplex dwelling units are permitted within the project area if utilized towards fulfilling the project's Inclusionary
Housing requirement. In the design of duplex units for the Nielsen Property, attention shall be paid to the
following:
• Duplex units shall be designed to match the single-family residential site development standards,
architectural criteria, and styles for the project area. Exceptions include the ability for zero setbacks at
attached building side,yard area (250 sq.ft.minimum with a 10'minimum dimension, and lot size and
coverage to be determined at Site Development Review.
• Duplex units shall be designed to appear as one cohesive structure (i.e.: architectural styling shall be
consistent for the entire building).
• Duplex units are encouraged to be sited on corner lots, with a goal of giving each unit more street
frontage.
• To facilitate a sense of distinction and ownership,entries should be separated from one another. Entries
sharing one path from the street are not permitted.
• To the extent feasible, entries to garages should be separate and should be visually associated with the
front door of the Lunt served.
Page 10 of 20
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ARCHITECTURAL DESIGN
To develop diversity in neighborhood design and establish individual character for each home, the following
elements and criteria have been developed.These,combined with guidelines included under Architectural Styles
below,should be used to develop a varied but cohesive aesthetic for the project area. Elements and techniques
that create these characteristics include:
• Building Mass and Roof Form
• Variable Elevation Setbacks
• Two Story Houses
• Single Story Architectural Elements
• Garage Location and Design
• Entry Design
• Four-Sided Architecture
Building Mass and Roof Form
The general form of the building should be reflective of the architectural style of the home. Mass and form can
be manipulated to decrease perceived density by avoiding repetitious box-like forms, as well as highlighting
entries and de-emphasizing garages to create a more attractive streetscape. Roof forms should also reflect the
architectural style of the building. Roof type,pitch and articulation should vary throughout the neighborhood.
Rows of homes viewed from along Tassajara Road and interior streets are perceived by their contrast against the
sky or the background.To provide diversity and visual interest to the neighborhood and resulting street scene,
a variety of building and roof forms are encouraged.When designing the massing,elevations,and roof form of
each structure,the following is recommended:
• Articulate wall planes to provide interest and scale.
• Provide projections and recesses to create light and shadow.
• Combine one and two story forms to break up massing.
• Vary building mass and roof Pules to minimize repetitious forms,flat planes, silhouettes and roof ridge
heights.
• Provide a mix of different roof forms including front to rear, side-to-side,gables,and hips.
• Use a variety of roof pitch slopes within the project area,with roof pitch being authentic to the architectural
style referenced in the building elevation.
Variable Elevation Setbacks
When authentic to an architectural style, variable facade setbacks should be provided. The second story shall
not completely overlay the first story without the provision of a single story element or mass. To assist in
varying setbacks and front elevation massing, alternative garage locations should be incorporated as practical
with terrain and split pad constraints.
Homes rearing to Tassajara Road shall incorporate a horizontal or vertical massing break on the rear facade to
prohibit a fully maximized building envelope along the publicly visible edge.
Page 11 of 20
Two Story Houses
To reduce the visual impact of a second story home's height;style appropriate elements shall be used.Please see
the"Architectural Styles"section of this document for descriptions of specific elements for each style.
If appropriate to the architectural style, portions of the second story shall be stepped back from the first floor
facade, or shall incorporate elements (such as projecting balconies, livable areas projecting above a first floor
porch,etc.)that create variation in the massing of the building. These variations may include stepping back the
building mass,projecting balconies or dormers,etc.
Single Story Architectural Elements
When appropriate to the architectural style, single story architectural elements shall be used to help create a
more human scale and provide interest, while creating variation and enhancing street character. A significant
single story element shall be used on at least one plan.These single story architectural elements include:
• Interior living spaces that are a single story in height
• Enclosed front patios
• Single story garages with no building mass above it(on same front wall plane)
• Single story front or wraparound porches
• Cantilevered second story elements
The quality of a neighborhood is enhanced by the inclusion of a house plan designed specifically for corner lots
or an interior lot plan with the flexibility to include pop-outs,wraparound porches or other enhancements when
plotted on corner lots. Corner homes should have a significant one-story element(livable area or porch)on the
corner side to reduce the scale of the building along the street frontage.
Garage Location and Design
To create a visually pleasing neighborhood and limit the potential of a repetitive street scene,garages should be
designed utilizing different design and placement techniques such as:
• Vary garage placement on the lot amongst house plans.
• Provide a collection of garage door appearances.
• Incorporate garage treatments such as porte cocheres and trellises.
• Recess doors a minimum of 12"behind the garage wall plane.
• Limit driveway curb cuts to 16 feet wide.
To the extent practical with split pad home designs,garage placement should be varied within the neighborhood,
with garage location varying from floor plan to floor plan. Differing garage placements can be achieved by
alternating front setbacks,incorporating different garage types,or providing a mixture of architectural elements
that draw one's eye away from the garage. Except for on streets with steep slopes plans should be reversed and
plotted so the garage and entry are adjacent to each other.
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The number of different garage placements within the project home plans is based upon the type of final unit
plans designed. In instances where there are two split pad plans(one uphill and one downhill)with or without
flat pad units of less than 20 units, two (2) different garage placements are required. If 20 or more flat pad
units are incorporated into the project, three(3) different garage placements are required. Acceptable garage
placements are:
• Shallow Recessed - To reduce the mass of the garage, garages should be placed a minimum of 5 feet
behind the living space facade.
• Mid-Recessed- These garages are typically placed at or near the midpoint of the home. These garages
shall be set a minimum of 10 feet behind from the living space fagade.
• Deep Recessed - Deep recessed garages are located a minimum of 20 feet behind the front facade of
the home.These garages may be detached or attached to the home. This configuration creates usable
outdoor space.
• 3-Car Tandem- If a three car garage is offered, the third car space should be in tandem to the standard
two-car space to reduce the visual impact of a three car garage on the street.
Different patterns and colors should be applied to garage doors to give a variety of design.The use of windows
is encouraged. Incorporating other garage treatments is suggested to minimize the impact of garage doors along
the street.
Architectural elements can be incorporated in the facade design to minimize the appearance of the garage door
and provide human-scaled elements along the street edge. Features that can be use to meet this include:
• Trellis over a garage door to provide texture and facade relief.
• Porte coheres to create a screened parking spaces and outdoor spaces.
• Single car garage doors to provide additional articulation and light and shadow.
ARCHITECTURAL TREATMENTS
A minimum of three different floor plans with three elevations of varying architectural styles apiece should be
provided for the Nielsen Property. The differences in these plans and elevations should be recognizable and
provide variety to the neighborhood,but the elevations and styles should not clash.
Four-sided Architecture Treatments
Four sided architectural treatments shall be applied to all the houses within the Project. This is especially
important to the homes that are adjacent or visible to Tassajara Road. (Lots 1-9 and Lots 25-28) Architectural
treatments include window surrounds; shutters; detailed air vents, grille work, and other enhanced features.
Elements provided shall be authentic to the selected style. Second story and roof elements should be given
special attention since these will be the most visible from the street.
• Materials,colors,and building articulation shall be continued onto the side and rear elevations to match
that of the front elevation.
• All material and color changes shall occur at an inside corner or other logical transition point such as
Page 13 of 20
chimneys,projections,or recesses.
• To provide a diverse and attractive neighborhood character, the portion of the rear elevations of homes
that back onto Tassajara Road(Lots 1-9 and 25-28)must include a variety of window treatments and roof
projections,as well as a variety of hipped and gabled roofs and architectural detailing.
• The rear facade shall be broken either horizontally or vertically at a minimum.
• Decks and patios provided off of the side or rear elevation shall match in design and style to the front
elevation.
Creation of Form and Relief
Recesses and Shadows
Recesses, overhangs,and projections are important for creating visual interest of a building form by providing
depth and mass by causing shadows and shade.
Architectural Projections
Projections on a buildings facade should be used to create visual interest and emphasize important aspects of the
design such as the entry or major windows.If these projections are provided in an appropriate manner they can
distract from visually displeasing elements such as the garage or a large plain wall.
Stepping Forms
Step elevations horizontally and vertically.Where appropriate to the architectural style chosen,material changes
should occur at these steps.
Entry Statement
The front entry to the home shall be designed as the focal point to the home.The entry should be easily recognized
by pedestrians and visitors.
Roof Considerations
Roof Forms and materials
Roof types and forms shall vary throughout the neighborhood and from plan to plan.Roof forms and characteristics
shall be consistent with the selected Architectural Style. Hip, gable and shed roof forms, or a combination
thereof, may be utilized.The use of dormers and similar elements are encouraged to provide interest.
Dual Pitch roof forms such as Gambrel or Mansard as well as flat roofs shall not be used on the Nielsen
Property.
If asphalt composite shingles are used they will be 50 year architectural grade.
Roof Pitch
A broad range of roof pitches and materials shall also occur within the neighborhood. Principal roof forms
Page 14 of 20
should typically have a pitch between 3:12 and 8:12,depending on style. A single roof pitch should be used on
opposite sides of a ridge.
Rakes and Eaves
Rakes and eaves should be selected based on the architectural style. Moderate or extended overhangs are
acceptable if properly designed. Similarly, tight fascias may be utilized when appropriate to the style. The
designer should ensure that fascia boards, exposed rafters and other roof elements are substantially sized to
avoid looking flimsy or weak. Roof detailing should not appear tacked on; rather it should be integrated with
the structure of the roof.
Stepped Roofs
Given the split-pad arrangement of the project area,stepped roof forms are expected to occur on most or all of
the houses in the project area. This stepping of the roof form should be seen by the designer as an opportunity
to express the theme of the house and to provide visual relief and interest. Vertical steps in ridgelines should be
substantial enough to create visual impact and to allow for adequate weatherproofing.
Overhangs, Porches and Balconies
If appropriate to the architectural style,moderate or extended overhangs,porches and balconies are encouraged
to provide shade and passive cooling for energy savings. The use of porches and balconies expand outdoor
living opportunities,create entry statements and provide elevation variety.Covered porches may differ in roof
pitch than the primary structure.
Front porches should be provided on 33 percent of the homes. Porches should be sized to be usable by the
residents. Porches should match in style and material to the selected Architectural Style of the home.
Unit Entry Considerations
Entry Statement
The entry to a home is more than just the front door. The physical form of the front pedestrian entry serves
several stylistic and psychological functions including:
• Identifying and framing the front door
• Expressing the architectural theme of the home
• Acting as an interface between the public and private realms(a"semi-public"outdoor space)
Placement and Visibility
The entries of the homes on the Nielsen Property should be located so that it is visually apparent the location of
the front door. Architectural forms and details should be used to decrease the visual impact of the garage on the
streetscape.
Page 15 of 20
Incorporation of Roof and Architectural Features
Architectural features that are appropriate to the architectural style of the home should be used. Roof elements,
porches, columns, although the door might be visible, architectural elements such as roof elements, covered
porches, and columns should be used to announce the entry.
Front Door Considerations
Design
The front door is a major part in the style and architectural character of the house. The door should be setback
into the building form or covered by an overhead element. The entire door assembly should be built and
designed as a single unit. This includes the framing,the molding,and windows.
Materials/Colors
Wood is the preferred material for entry doors,but metal entry doors can be used if the have the same character
and feel as paneled wood doors.. The different characteristics of wood doors, such as the grain of the wood as
well as recessed panels contribute to the overall character of the entry.
The color of the door may match or contrast with the trine of the house,but must contrast substantially with the
wall color.
Use of Glass
Incorporating glass into the door assembly, whether as panels within the door or side lights, expresses a sense
of welcome and human scale(note that transom lights do not achieve the same effect.) The use of glass in the
overall door assembly is encouraged.
Residential Address Numbers and Entry Lighting
Entries should be well lit for easy recognition and for safety. Residential address numbers should be prominent
and large enough to be read easily from the street. Street address numbers should be lit at night.
Windows
Placement and Organization
In the design of homes for the Nielsen Property, designers should look beyond the practical consideration of
room layout in determining the placement of windows. Window placement and organization should be used
to contribute positively to the exterior architectural character of the home and should take into account views
available from the individual lot on which the house is to be built. Attention should be paid to windows'
relationship to one another and to the wall and roof planes,creating a composition with a sense of order.
Although they do not necessarily need to be of a uniform size,shape or type,all windows within one elevation
shall appear compatible,visually relating to and complimenting each other. Recessing is encouraged should be
used on windows where possible and if authentic to the architectural style.
Page 16 of 20
Balconies and Decks
Provided they can be successfully integrated with the architectural style of the home, the inclusion of balconies
and decks are encouraged. The inclusion of these elements can be used by designers to break up large wall planes
and create visual interest while adding human scale to the building. They can also provide desirable outdoor
living areas and elevated open space., qualities that will be especially desirable for the homes on the Nielsen
Property and will have view potential. Balconies and decks may be covered,open,or some combination. They
can project from the building or be recessed into the building's mass. Regardless of type, they shall appear to
be an integral element of the building,rather than an afterthought. Any and all details of the balcony and deck,
including roof, columns, eaves,soffits,and railing shall be consistent with the building style. Special attention
should be paid to avoid plotting decks side by side on adjacent homes.
Exterior Stairs
Exterior stairs may be used to access secondary dwelling units or to connect balconies or decks to other private
outdoor spaces. Such stairs should generally conform to the guidelines for balconies,above,to ensure that the
stairs appear as an integral and stylistically compatible part of the structure.
Railings
One of the most visible elements of balconies, decks, and external stairs is the railing. Although extruded
aluminum railings are not permitted, designers of homes for the Nielsen Property may employ a number of
railing types including open wrought iron, wood rail,picket or solid.Glass or plexiglass can be used for railings
in situations where the views would be reduced with a solid railing.The material and detailing chosen should
be in keeping with the architectural style of the home.
Posts,Columns and Arches
Insubstantial posts or columns(i.e.metal pipe,wood of less than 6'in diameter,etc.)are not allowed. Columns
may be clad in wood, masonry, stone or stucco and may be square,round or rectangular in shape. The width
of the column should be appropriate to the material finish. Attention should be paid to both.base and capital
detailing of the column.
Arches related to posts or columns may be flat, round or segments of an arch, and may include a soffit, as
appropriate to the style.
Pergolas,Trellises and Patio Covers
Builder provided pergolas,trellises,patio covers and other exterior structures should reflect the character,color
and materials of the home served. Supports shall adhere to the guidelines for posts,columns and arches,above.
Materials for the horizontal elements shall be either wood, polymer wood composite, or the dwelling's roof
material. The pitch of the patio roof may be less than that of the home served. Sides of the structure shall not be
enclosed except where a wall of the dwelling forms the enclosure.
Awnings
Canvas awnings of solid accent colors conforming to the color palette of the referenced style are permitted in
moderation. Metal awnings are not acceptable. Non-fade high quality materials shall be used for all awnings.
Provision for future maintenance of canvas awnings should be considered when contemplating their inclusion.
Page 17 of 20
Gutters and Downspouts
Gutters exposed to view shall be colored to match fascia material to reduce its visual impact. Likewise,
downspouts shall be colored to match the surface that they are attached. Alternatively, they may be finished
with a false copper patina.
Chimneys
Chimneys,if used,can serve as major design elements and focal points within a building elevation.This element
should be constructed with style-appropriate materials as described in the Architectural Styles section. Attention
should be paid to the cap design,as well as any steps, curves or banding on the shaft and capital,as these will
have a major visual impact when viewed against the sky or roof.
Garage and Garage Doors
Door Nlaterials and Face Design
Door materials should be used to reflect the architectural style of the home.The garage door should not distract
the eye on the street facade. Textured and raised panels should be used on metal, wood or fiberglass doors
as it follows the architectural design. Windows within the door face is encouraged. The garage door colors
should complement the color palate for the home without distracting from the elevation.Doors shall not include
excessive decorations that distract from the elevation.All garage doors shall be the"roll-up" type.
Recessed Doors
Decreasing the visual impact of the garage door may be accomplished in part by extending the face of the wall
surrounding the garage door 6"-12"in front of the door. The increased prominence of the wall around the door,
and the shadowing of the door visually de-emphasize the garage door.
Accessory Structures
Anv accessory structures shall be located per City of Dublin standards and site specific standards found in the
Site Development section of this document. All such structures shall match in style of the primary residence or
shall be screened from public view by landscaping. Prefabricated metal or vinyl sheds are not allowed.
Materials
High quality materials shall be used throughout the project. No exposed foundations will be allowed. All
materials shall extend to the ground. Materials shall be placed a maximum of two inches from any adjacent
concrete and four inches from the adjacent finished grade if impervious materials such as stone are applied. If
wood, wood composition, board and batten or similar materials are applied, 6 inches from the adjacent grade
will be provided. No foam materials without a solid casing may be used within 6'of grade.
When not all elevations are provided in the architectural review package,non-illustrated elevations are expected
to follow the colors and materials that illustrated on avproved elevations.
Further Design Considerations
Trash and recycling receptacles and air conditioners shall be screened from public view.Utility meters,jtmction
boxes,and other mechanical and utility equipment should be screened from public view when pracical.Attention
should be paid to the placement of these items in side yards to ensure that pedestrian access in emergency
situations is not compromised. They may be located in rear yards so long as negative impacts on yard use
and layout are minimized. At a minimum a clear path of 3' on one side of the house shall be maintained at all
times.
Antennae shall be located in the interior of the residence. Exterior compact satellite dishes may be included,
provided they are located away from public view to the extent feasible. Fire sprinkler risers shall be located on
the interior of the unit or placed per the current fire code.
Page 18 of 20
7. Preliminary Landscaping Plan
The Preliminary Landscape Plan is shown below and is also included as Sheet PD2-2 in the
Project Plan Set, dated received April 9, 2010, on file at the Community Development
Department.
LEGEND
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8. Other information
a. Inclusionary Zoning regulations: The specifics of compliance with this ordinance
will be determined through an Inclusionary Housing Agreement with the City of
Dublin. If the City determines that inclusionary housing is not appropriate on this site,
the developer will have the opportunity to pay in lieu fees for the entire requirement.
The Stage 2 Development Plan allows an option for two lots (Lots 15 and 20) to be
duplexes if the developer chooses to build the affordable units. If the developer pays
the in-lieu fee for the entire development, the duplex units will not be constructed on
the site.
Section 5. RELATION TO PRIOR ORDINANCE.
This ordinance supersedes Ord. 15-02 as to the Nielsen Property site only.
Page 19 of 20
Section 6. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use,
development, improvement, and maintenance of the Project area shall be governed by the
provisions of the closest comparable zoning district (R-1 Single Family Residential Zoning
District) except as provided in the Stage 2 Development Plan.
Section 7. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
PASSED, APPROVED AND ADOPTED this 'stday of June 2010 by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
ti
City Clerk
Ord No 11-10,Adopted 6-1-10, Item 4.3 Page 20 of 20
RESOLUTION NO. 14-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR MINOR AMENDMENTS TO THE
DEVELOPMENT STANDARDS, PLANNED DEVELOPMENT EXHIBITS, LANDSCAPE AND
OPEN SPACE GUIDELINES, AND ARCHITECTURAL CRITERIA FOR THE NIELSEN
PROJECT PLANNED DEVELOPMENT ZONING DISTRICT (PA 07-057)
PLPA-2014-00013
WHEREAS, the Applicant, Scott Roylance of William Lyon Homes, is requesting approval
of Site Development Review and an amendment to the Planned Development Zoning District
Stage 2 Development Plan for the construction of 36 single-family homes on an approximately
10.9 acre site. Vesting Tentative Map 7950, which established the subdivision of the site into
residential lots, was approved by the Planning Commission in 2010. The current project
application is to approve the architectural design of the neighborhood and minor modifications to
the Stage 1/2 Development Plan; and
WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Planned
Development Zoning District, states that the Planning Commission, by means of a Conditional
Use Permit, may approve minor amendments to an adopted Development Plan upon a finding
that the amendment substantially complies with and does not materially change the provisions
or intent of the adopted Planned Development Zoning Ordinance for the site; and
WHEREAS, the project site is located north of Quarry Lane School and south of Silvera
Ranch on the east side of Tassajara Road; and
WHEREAS, the project site is currently occupied by a single-family home and a ranch;
and
WHEREAS, in 2010, the City Council approved a General Plan and Eastern Dublin
Specific Plan Amendment to designate the property for single-family residential uses; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was
the subject of an Environmental Impact Report for the General Plan Amendment and Eastern
Dublin Specific Plan (SCH # 91103064), certified by the City Council in 1993 via Resolution No.
51-93. The General Plan Amend ment/Specific Plan EIR is a program EIR, which anticipated a
series of subsequent act i ons related to future development in Eastern Dublin and identified
some impacts from implementation of the General Plan Amendment/Specific Plan that could not
be mitigated to less than significant. Upon approval of the Eastern Dublin project, the City
i
adapted a statement of overriding considerations for such impacts. The City also adopted a
mitigation-monitoring program, which included numerous measures intended to reduce impacts
from the development of the Eastern Dublin area; and
WHEREAS, a Draft Supplemental EIR (SEIR) (SCH # 2008052117) was prepared for the
n
Nielsen Residential Project to assess the potential for the project to cause o r contribute to
significant impacts beyond those identified in the 1993 EIR. The SEIR was certified by the
Dublin City Council via Resolution 74-10 on May 18, 2010. The Nielsen Property SEIR was
prepared in accordance with the California Environmental Quality Act (CEQA) based upon
previous CEQA review of the Eastern Dublin EIR; and
ATTACHMENT 2
WHEREAS, a Staff Report, dated June 10, 2014 and incorporated herein by reference,
described and analyzed the Nielsen Residential Project, including the Site Development Review
application and the proposed Conditional Use Permit for the Stage 1/2 Development Plan
amendments, for the Planning Commission; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Nielsen Residential Project, including the Site Development Review application and the
proposed Conditional Use Permit for the Stage 1/2 Development Plan amendments, on June
10, 2014, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
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
make the following findings and determinations regarding the Conditional Use Permit:
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity in that: the proposed amendments to the
Stage 1/2 Development Plan will not substantially alter the character of the Planned
Development Zoning District as the overall subdivision layout has been determined to be
in conformance with Vesting Tentative Map 7950 by the City Engineer and the
modifications to the development standards are minor in scope and substance.
B. It 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 proposed
amendments to the Stage 1/2 Development Plan to not increase the development
potential of the project area beyond that which is already approved and those standards
that are proposed to be modified are being changed to enable a superior design and
subdivision layout.
C. It will not be injurious to property or improvements in the neighborhood in that: the
proposed amendments to the Stage 1/2 Development Plan to not increase the
development intensity of the project area beyond that which is already approved and
those standards that are proposed to be modified are being changed to enable a superior
design and subdivision layout.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental
to the public health, safety, and welfare in that: the proposed amendments to the Stage
1/2 Development Plan to not increase the development intensity of the project area
beyond that which is already approved and all utilities are going to be able to be provided
in a satisfactory manner.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: the proposed amendments to the Stage 1/2
2of3
Development Plan to not increase the development intensity of the project area beyond
that which is already approved.
F. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that: the
proposed amendments to the Stage 1/2 Development Plan to not increase the
development intensity of the project area beyond that which is already approved.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the site is designated as Single-Family Residential in the General Plan and
Eastern Dublin Specific Plan; and 2) the proposed amendments to the Stage 1/2
Development Plan will not impact General Plan or Eastern Dublin Specific Plan
consistency.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a
Conditional Use Permit to amend the Stage 1/2 Development Plan for the Nielsen Residential
Project Planned Development Zoning District (PA 07-057) as follows:
Exhibit A to this Resolution contains an amended Residential Design Standards Table,
amended Typical Lotting Pattern, and amended PD exhibits numbered PD2-1 through PD2-
4, which are incorporated herein by reference, and which supersedes the Residential Design
Standards Table and amended Typical Lotting Pattern contained in City Council Ordinance
10-21.
Exhibit B to this Resolution contains an amended Landscape and Open Space Guidelines
section, which is incorporated herein by reference, and which supersedes the Landscape
and Open Space Guidelines contained in City Council Ordinance 10-21.
Exhibit C to this Resolution contains an amended Architectural Criteria, Guidelines, and
Styles section, which is incorporated herein by reference, and which supersedes the
Architectural Criteria, Guidelines, and Styles contained in City Council Ordinance 10-21.
PASSED, APPROVED AND ADOPTED this 10th day of June 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
G:IPA#120131PLPA-2013-00067 California Creekside PD Amendment CUPIPC 1.28.141PC Reso CA Creekside CUP.docx
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DUBLIN PLANNING
NIEESEN
PROPERTY
Landscape and Open Space Guidelines
EXHIBIT B TO
ATTACHMENT 2
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CONCEPT
The Nielsen Property is designed as a distinct neighborhood that compliments its site
and the surrounding context, topography and land uses. The overall landscape theme
will continue and enhance the rural feel of the existing site and adjacent areas,
encourage pedestrian access and mobility, and provide the project with design
cohesiveness.
BASIC DESIGN PRINCIPLES
• Continue the character and plant palette of adjacent properties along Tassajara
Road.
• The entry to the Nielsen Property will provide a distinct character for the
neighborhood. The design of the entry monuments and landscaping will foretell
the image for the rest of the neighborhood.
• The streetscape design for the Nielsen Property will provide a visual thread to tie
the neighborhood together. Narrow streets, sidewalks, and canopy trees will
provide a friendly and rural neighborhood character for the project.
• The open space areas within the project will provide a smooth transition between
the Nielsen Property development and its surrounding properties. Plantings and
hydro-seeding on slopes that are graded will be used throughout the project.
The neighborhood fencing and wall systems will be designed to blend with the
project's theme, not be visually intrusive and will enhance the overall character
of the project.
• Management and maintenance of the open space and HOA common areas will
be an integral component of the landscape system.
r i
PROJECT ENTRY AND STREETSCAPES
ENTRY
The entry to the Nielsen Property will provide a distinct character for the neighborhood.
The design of the entry monuments and landscaping will foretell the theme for the rest
of the project.
• The entry will have six foot wide parkways on either side. Canopy trees will be
placed in the parkways • Entry Columns designed to establish a first impression and
complement the community walls within the Nielsen Property will be installed at
the entrance of the Project Area.
• Five-foot wide sidewalks will be provided on both sides of the street.
• To the north west of the entry are the Silvera Ranch Water Quality basin and a
small landscape parcel. The small landscape parcel will be landscaped
accordingly to enhance the entry area. A 6 foot tall community wall shall be
placed along the southern boundary to provide definition of the area and privacy
to the adjacent lot.
To the east of the entry is a landscape area contained in Lot 10. This area will
allow for additional plantings to be provided at the entry and screen the adjacent
lot.
• Plant species will be selected to provide a clear definition of the entrance to the
Nielsen Property and will provide visual interest to the entry.
• Refer to the plant palette for suggested plant species and required plant sizes.
b, p N Q�4
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9
5 6' 14.0' 14.0' 6' 5'
Sw LAND- TRAVEL LANE TRAVEL LANE LAND- S/W
SCAPE SCAPE
50.0'
ROW ROW
i
TASSAJARA ROAD
Tassajara Road, a main arterial in the City of Dublin, has multiple residential projects
lining it. The Nielsen Property will follow the ultimate Tassajara Road plan line
established by the City of Dublin. The landscape character will blend with the
surrounding properties.
A 12 foot wide landscape and sidewalk area between the curb and the right-of-
way will be included.
• An 18 foot landscape easement behind the right-of-way will be provided. This
area will allow the sidewalk and planting areas to meander. Retaining walls are
allowed within this 18 foot landscape easement.
• A six-foot wide sidewalk may meander through the the area between 6 and 14
feet from the face of curb and must be 4 feet from a retaining wall if needed.
• The frontage of the Nielsen Property is designed to take up grade to reflect the
existing terrain, and therefore could potentially have multiple walls. These walls,
regardless of retaining or freestanding,will be designed in a consistent style that
matches the theme and design established for the project.
• There will be lush landscaping planted between the retaining walls, as well as in
front of the walls, and shall be designed to reflect the character of the project.
Shrubs and low plantings will contribute to the overall landscape design. Where
the space is large enough between the walls,trees will be planted.
• Half community retaining wall/half view fences will be provided along the
property line of the lots that back onto Tassajara Road. If sound attenuation is
required six foot tall community walls will be provided.
• Refer to the plant palette for suggested plant species and required sizes.
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NEIGHBORHOOD STREETS
Street A and Street B are the Neighborhood Streets within the Nielsen Property. They
are designed to be narrow to enhance the rural neighborhood character and encourage
slow vehicle speeds to create a livable and safe pedestrian environment.
• A 4.5 foot monolithic sidewalk will be provided on both sides of Street A and
Street B when there are houses fronting on both sides of the street.Where houses
only abut one side of the street, a 4.5 foot monolithic sidewalk will be provided
on that side of the street.
• One street tree shall be provided in the front of each lot within the landscape
easement. The street tree species will be the same canopy tree throughout the
project.
• Two street trees are required in each side yard landscape easement along the side
street of corner lots. These trees shall be the same species as the trees along the
front of the lots.
• Where lots front onto Street A and Street B, an 8 foot landscape easement is
provided from the back of walk. This 8 foot landscape easement allows for the
maintenance of the street tree by the HOA. Where lots have side yards that abut
Street A or Street B, a 5 foot landscape easement will be provided. A 5 foot or 8
foot public service easement will overlap the landscape easement.
• Street trees should be coordinated with the utilities and street lights to provide a
continuous canopy of trees.
• Where side yards abut Street B, a minimum of 5 feet flat area is required between
the back of sidewalk and the yard fence.
Refer to the plant palette for suggested plant species and required sizes.
OPEN SPACE
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OPEN SPACE AREAS
The open space areas include the area along the east side of Street B (Parcel A); the east
side of Street A and the area above Tassajara Road (Parcel B), and the Parcel containing
the cell tower (Parcel C)
Open Space areas will retain existing grades where practical.
• Peripheral hillside areas that are graded shall be hydro seeded with native and
other drought tolerant grasses and wildflowers. Typically, areas closer to the
neighborhood streets and Tassajara Road shall be planted with groundcover,
shrubs and trees; in cases where the entire area behind the curb is natural
looking,no ornamental planting would be required.
• Open Space areas will transition to the surrounding properties to provide a
harmonious character for the area through the use of grading and plant material.
• The Nielsen Property will adhere to the wildfire management plan on areas that
abut to certain Open Space areas.
WATER QUALITY ELEMENT
The current proposal allows the first flush water from the Nielsen Property to be treated
in the Silvera Ranch water quality basin. Other flows from the Project and Silvera Ranch
would then bypass the basin and be treated by a separator unit before connecting to the
City's storm drain system. If it is determined a separate water quality system is needed
for the Project, a new water quality basin will be located at the site of Lot 1, at the
northwest corner of the property.
• Appropriate landscaping will be integrated to enhance the project entry.
• Refer to the plant palette for suggested plant species and required sizes.
• If retaining walls are needed for the water quality element and are within public
view,they will be attractive and support the theme of the project.
FENCING AND WALLS
The fencing and walls throughout the Nielsen Property will define entries and
properties, provide security, and shall be aesthetically pleasing. Fencing should not
visually dominate the neighborhood, especially on hillsides. All wall and fencing
designs will be finalized at Site Development Review. As long as these designs are
consistent with the following guidelines, the Community Development Director can
make discretionary approval of any future refinements. Refer to the Conceptual Wall
and Fence Plan for the locations of wall and fencing types.
COMMUNITY WALL
Location:
The Community Wall is used to define and set the character at significant locations
within the Project. The Community Wall is used along portions of Tassajara Road,
certain other project boundaries, as well as at the project entry. The Community Wall
takes many forms in that it may be retaining or free standing and the height varies.
Regardless, these different wall forms shall match in design appearance, materials, and
color.
Overall Design:
• Wall will be of a high quality and good design.
• Wall will be of precast or masonry.
• Columns should be provided at approximately 26 feet on center as is structurally
appropriate.
• The wall and columns will have an ornamental cap.
• Columns should be located at the toe of slope or at retaining wall locations
where grade changes occur between lots. Column and wall heights may increase
as necessary at grade changes to maintain a constant top of wall elevation
between columns.
• Where no grade changes occur,columns will be placed at property lines.
• Columns will be placed at the terminus and at major directional changes in the
wall.
Overall Style:
Dynamic Precast Layered Stone, other precast or masonry unit with cast stone
veneer,or equivalent.
Overall Color:
The color of the walls and columns will be light earth tones.
Retaining Wall Condition
Location:
Along Tassajara Road and at the project entry.
Design:
• Retaining walls should not exceed nominally 6 feet in height. However,as noted
previously, column and wall heights may increase as necessary at grade changes
to maintain a constant top of wall elevation between columns, as approved by
the Planning Commission.
• If more than one wall is utilized, a minimum of 5 feet of planter area between
walls will be provided. (Example on Page 10)
Freestanding Condition
Location:
In cases where no retention is needed, along portions of Tassajara Road for aesthetic or
sound attenuation needs, or along the boundaries of the project entry, a free standing
wall will be placed to continue the appearance of a continuous wall and/or provide
enclosure.
Design:
• Wall will be 6 feet tall.
Community WaillView Fence Condition
Location:
Where lots back onto Tassajara Road and lots abut the Silvera Ranch Project. This
design allows for providing views from the homes into the Valley and limits the sense of
a walled community.
Design:
• Utilize the Community Wall/View Fence;however, the wall portion shall match
the design and appearance of the Community Wall used in other conditions in
this section, and the view fence portion shall match the design and appearance of
the View Fence used in other conditions in this section.
• This wall may be free standing or be retaining. The "wall" portion of this
element may vary,but will be a minimum of 4 feet in height.
• The total wall/fence height is 6 feet,unless retaining is incorporated into the wall
segment and /or the height grows to maintain a constant top of wall/fence
elevation between columns or posts.If the wall is retaining the view fence should
be a minimum of 4' tall.
Overall Shjle:
• Dynamic Precast Layered Stone, other precast or masonry unit with cast stone
veneer,or equivalent.
• Wrought Iron
Color:
• Masonry:Light earth tones.
• View Fence: Black.
ENTRY PILASTERS
Location:
There will be entry pilasters at the entrance to the Nielsen Property along Street A.
Design:
The entry pilasters will match the Community Wall in design and materials.
• The entry pilasters will be 8 feet tall.
• An ornamental cap will be used.
• Project signage may be incorporated into the pilasters.
Color:
• The entry pilasters will match the Community Wall's color.
WATER QUALITY FEATURE WALLS
Location:
Retaining walls that may be contained within the water quality feature.
Design:
• The wall(s)will be a maximum of 6 feet high.
• Standard Retaining Wall or equal may be used.
• If there are multiple walls, there will be a minimum of 3 feet between them for
landscaping.
RETAINING WALLS
ENHANCED RETAINING WALL
Location:
The Enhanced Retaining Wall is used within front and side yard areas of lots and within
common HOA open space areas that are located along the streets such as on the east
side of Street A and Street B and are publically visible.
Design:
• 6 foot tall maximum in open space areas and 4 foot tall maximum in lots.
• An ornamental cap shall be provided.
• A minimum of 5 feet will be provided between enhanced retaining walls to allow
for landscaping in open space areas and 3 feet within lots.
Style:
• Will match in style and design to the Community Wall.
Color:
• The color of the walls will match the Community Wall.
STANDARD RETAINING WALL
Location:
The Standard Retaining Wall will be used when walls are not visible to the public, such
as when retaining walls are required to address grade change differences on individual
lots outside of the front yard.
Design
• 4 foot height maximum.
• A minimum of 3 feet will be provided between retaining walls if more than one
wall is used.
Style:
• Dynamic Precast Block Pattern wall,masonry unit,or equivalent.
Color:
• The color of the walls will complement other walls used in the Project.
RETAINING WALL PLACEMENT CRITERIA
FRONT YARD
• Front yard retaining walls shall be placed at or behind the Landscape Easement
and Public Service Easement.
• Front yard retaining walls shall be placed a minimum of 3 feet off of the house.
• The front yard retaining walls should be a maximum of 2 feet high.
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REAR AND SIDE YARDS
• Side and rear yard retaining walls that are 2 feet or less in height shall be located
on the property line.
• Side and rear yard retaining walls that are greater than 2 feet shall be placed a
minimum of 3 feet off of the property line and allow for a maximum 2:1 slope
from the property line to the wall. • Where there are two or more walls, the
walls shall be placed at a minimum of 3 feet apart for landscaping between the
walls.
• When rear or side yard walls are 4' and greater and have a large slope behind
them,an access staricase shall be provided.
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GOOD NEIGHBOR FENCE
Location:
The good neighbor fence occurs between lots, on property lines, and on side yards of
corner lots where privacy is desired.
Design:
• A minimum of 5 feet should be provided behind the front facade before this wall
occurs.
• The fence will be a total of 8 feet tall and constructed of vertical boards.
• The fence may be enhanced at the top with 2 feet of framed wood lattice or a
similar design capable of admitting not less than 50% light. Solid inserts
including plexiglass are not permitted.
• Wood posts will be a maximum of 8 feet on center.
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• On corner lots, the neighborhood fence shall overlap a maximum of 25% of the
side house length.View fences may be added to extend the fenced area along the
side of the home,but can extend no closer than 5' from the front facade.
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VIEW FENCE
Location:
View fences may be used where views are desired to be preserved and to limit the
impact of solid fencing on visible hillside areas, on rear and side property lines of lots,
and where lots back onto open space or school uses. The majority of the side yard View
Fences will end where the house "begins"—at this point, the Good Neighbor Fence may
occur.
Design:
• The View Fence will be an ornamental metal fence.
• 6 feet tall.
• Posts will be 8 feet on center and pickets will be spaced at a 4 inches maximum.
Color:
• Matte black
Overall Style:
• Wrought Iron
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HERITAGE TREE
There is one tree on the Nielsen Property that is a Heritage Tree as defined by the City of
Dublin Municipal Code.This tree is a Cork Oak(Quercus suber).Three trees of the same
species or a different oak species will be planted as mitigation of the removal of the Cork
Oak tree. The replacement trees will be planted in either the landscape parcels,the open
space parcel, or along Tassajara Road. The replacement trees will be a minimum of 36"
box size.
LIGHTING
The City of Dublin standard Cobra light fixtures and posts will be used, as well as the
city standards for placement and design of the street lighting.
UTILITIES
• Above ground joint trench utility boxes should be kept away from the entry,
primary views and intersections as practical. Where the utility boxes occur, they
should be located behind the walk and in the landscape parcels to minimize their
appearance from the street.
• Utility boxes will be screened with landscaping as allowed by the utility
companies.
• Underground facilities should be used where practical.
• Where above ground utility boxes, lights, hydrants, and other related items are
placed and require a retaining wall to fit along a sloping street, the wall style will
be the Enhanced Retaining Wall style described earlier.
• Utilities should be grouped and combined with yard retaining walls to avoid
multiple retaining walls and to limit clutter.
• Air conditioning units are not permitted in front yards and should maintain a
minimum 36" clear passage.
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PUBLICALLY VISIBLE LOTS
Because of the hillside nature of the existing land, the Nielsen Property site plan has
been designed to account for the grade. To allow for the optimal use of the land, as well
as work with split pad home designs, the slope below the unit has been included into
the lot in some cases. To ensure that these visible down sloping lots (Lots 10-16) are
permanently and attractively landscaped and maintained,the following guidelines shall
apply:
• The back and/or side yards comprising the down sloping lot will be landscaped
and automatically irrigated prior to receiving a permit of occupancy.
• If the homeowner wishes to change their down sloping yard landscaping,
they must follow these guidelines,the SDR,approved landscape plans,as well as
any additional guidelines laid out by the CC&R's of the neighborhood.
• Refer to the Site Development Criteria for where accessory structures may not be
built on the lots.
• The CC&R's of the neighborhood will be written to allow the HOA the ability to
maintain the publically visible down sloping yard areas if they are not
maintained correctly and become unsightly or a hazard. The homeowner will be
charged for this work by the HOA.
MAINTENANCE RESPONSIBILITIES
Four entities will have responsibilities for the maintenance of the landscape within the
Nielsen Property Development:
1. The City of Dublin
2. The Homeowners Association(HOA)
3. The individual homeowner
The City is responsible for the maintanance of all streets as well as the sidewalk within
the right of way on Tassajara Road.
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The HOA is responsible for the Tassajara Road landscaping elements, entry feature
landscaping within the parkways, the median and the entry features, all project interior
sidewalks, open space areas including communication facilities lands, and a water
quality feature if provided on site. The HOA is responsible for the maintenance and
replacement of the street trees within the 5-8 foot Landscape Easement. The HOA is
responsible for any walls and fences that are within their parcels. HOA may also
maintain the hillside slope, landscape, and irrigation of Lots 10-16 if the homeowner
does not adequately maintain these areas.
Any maintenance required that is not related to landscape maintenance on the
properties containing the communication facilities shall be maintained by HN
Enterprises or future owner.
The individual homeowner is responsible for maintaining all landscaping and irrigation
on their property including all fences and walls. Private driveways will be owned and
maintained by the individual homeowners with a shared access easement.
If a street tree is removed due to disease it must be replaced in a timely manner. This
street tree shall be of the same species as the existing street trees and of the same size as
approved in the approved landscape plans. The street tree will be located in the same
position as originally planted.
Refer to the Open Space Ownership and Maintenance Map for further detail.
SUGGESTED PLANT PALETTE
Plant material should be selected with the character of the site in mind. This plant
palette is provided as a suggestion and can be updated at the time of the Site
Development Review to fit with the proposed theme and character of the property.
Drought tolerant plants should be used when possible.Trees and plants that are tolerant
of reclaimed water should be utilized if reclaimed water is used.
OPEN SPACE TREES
Minimum 24"box
30% of all trees on the site must be a 36"box or larger.
Botanical Name Common Name
Acer macrophyllum Bigleaf Maple
D Aesculus californica California Buckeye
Platanus racemosa'multi trunk' California Sycamore
D Quercus agrifolia Coast Live Oak
D Quercus kelloggi California Black Oak
D Quercus lobata Valley Oak
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D Quercus suber Cork Oak
Umberllularia californica California Bay
STREET TREES
Minimum 24"box
30% of all trees on the site must be a 36"box or larger.
Per the City's Streetscape Master Plan, species to be planted along Tassajara Road are
noted below.
Botanical Name Common Name
Acer buergeranum Trident Maple
Acer rubrum Armstrong Maple
•Celtis sinensis Chinese Hackberry
•Celtis occidentalis Western Hackberry
Fraxinus oxycarpa'Raywood' Raywood Ash
D Koelreuteria paniculata Goldenrain Tree
Laurus nobilis'Saratoga Grecian Laurel
Liquidambar s.Rotundaloba American Sweet Gum Tassajara Street Tree
D Pistachia chinensis Chinese Pistache
Platanus racemosa'multi trunk' California Sycamore
Pyrus calleryanna'Aristocrat' Flowering Pear Tassajara Street Tree
Pyrus kawakamii Evergreen Pear
D Quercus agrifolia Coast Live Oak Tassajara Street Tree
Ulnus parvifolia Chinese Elm
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ACCENT TREES
Minimum 24"box
30% of all trees on the site must be a 36"box or larger.
Botanical Name Common Name
Cercis occidentialis Western Redbud
Citrus Citrus
Lagerstroemia indica Crape Myrtle
Melaluca linariifolia Flaxleaf paperbark
D Olea europaea Fruitless Olive Tree
Pyrus calleryana Ornamental Pear
Pyrus cerasifera Flowering Plum
Sapium sebiferum Chinese tallow tree
OPEN SPACE SHRUBS
Minimum 5 gallon
Botanical Name Common Name
•Arctostaphylos species Manzanita
•Ceanothus species California Lilac
*Clarkia bottae Snowy Clarkia
*Deschampia c.holciformis Dwarf Hairgrass
*Eschscholzia californica California Poppy
D Heteromeles arbutifolia Toyon
Lepechinia calycina Pitcher Sage
*Lupinus n.vr.Nanus Sky Lupine
*Melica californica California Onion Grass
Mimulus longiflorus Monkey Flower
*Nasella pulchra Purple Needle Grass
*Nasella cerbna Nooding Needle Grass
D Rhamnus california Coffeeberry
Rhamnus crocea Buckthorn
Rosa California California Wild Rose
D*Salvia leucophylla Purple Sage
Sambucus Mexicana Blue Elderberry
Symphoricarpus albus Snowberry
Native grass seed mix
*Denotes a native species.Additional native species may be included as approved by the Planning
Commision during the SDR.
D Suggested drought tolerant species are denoted by a small D.
SHRUBS
Minimum 5 gallon
Botanical Name Common Name
Abutilon x'Moned' Red Flowering Maple
Agapanthus africanus Liy of the Nile
D*Arctostaphylos species Manzanita
Aucuba japonica'Variegata' Gold Dust Plant
*Berberis species Japanese Barberry
Buxus microphylla var.japoni Japanese Boxwood
Camellia japonica Camellia
D*Ceanothus species California Lilac
D Cercis Occidentalis Western Redbud
D*CistUS species Rockrose
D*Coprosma repens Mirror Plant
Coreopsis spp. Coreopsis
*Correa pulchea Australian Fuchsia
Dietes bicolor Fortnight Lily
D*Echium fastuosum Pride of Madeira
Euonymus fortunei Euonymus
*Erigonum fasciculatum California Buckwheat
Escallonia Escallonia
Fejoa sellowiana Pineapple Guava
Hemerocallis hybrids Daylily
D Heteromeles arbutifolia Toyon
Heuchera maxima Coral Bells
Hibiscus syriacus Rose of Sharon
Iris douglasiona Pacific Coast Iris
Kniphofia uvaria Red Hot Poker
•Lagerstroemeria hybrids Dwarf Crape Myrtle
•Lavandula angustifolia Lavender
•*Lantana camara Lantana
Limomium perezil Statice
D*Mahonia species Mahonia
Myrica californica Wax Myrtle
Nandina domestica Heavenly Bamboo
Nasella pulchra Purple Needle Grass
Pelargonium pelatum Ivy Geranium
Penstemon species
Penstemon
Phormium tenax New Zealand Flax
D Prunus caroliniana Carolina Laurel Cherry
D Prunus ilicifolia Holly Leaf Cherry
D Prunus lyonii Catalina Cherry
D Rhamanus california Coffeeberry
Rhaphiolepsis indica Indian Hawthorn
*Ribes species Current
D Rosa california California Rose
•*Rosa species Rose
•*Rosmarinus species Rosemary
•*Salvia species Sage
Santolina chamaecyparissus Lavender Cotton
*Symphoricarpos species Snowberry
Tulbahjia violacea Society Garlic
Viburnum tinus Viburnum
Verbena species Verbena
*Denotes a native species.Additional native species may be included as approved by the Planning
Commision during the SDR.
D Suggested drought tolerant species are denoted by a small D.
GROUND COVERS AND VINES*
Minimum 1 gallon ground covers (must achieve 100% coverage within 3 years)
Minimum 5 gallon for vines
Botanical Name Common Name
D Acacia redolens Acacia
D Achillea species Yarrow
D Coprosma kirkii Co p rosma
D*Cotoneaster horizontalis Rock Cotoneaster
D*Cotoneaster s.'repens' Willowleaf Cotoneaster
Festuca longifolia Hard Fescue
Erigeron karvinkianus Santa Barbara Daisy
Festuca californica California Fescue
Festuca ruba creeping Red Fescue
Helianthemum nummularium Sunrose
D*Hypericum calycinum St.John's Wort
Jasminum species Jasmine
*Juniperus species Juniper
D*Lantana species Lantana
*Mahonia Repens Creeping Mahonia
D Myoporum parvifolium prostrate Myoporum
Oenothera speciosa childsii Mexican Evening Primrose
Osteospermum fruticosum African Daisy
•Rosa'Carpet Rose' Carpet Rose
•*Rosa Rugosa Japanese Rose
•*Rosmarinus officinalis Rosemary
Solanum jasminoides Potato Vine
Trachelospermum asiaticum Asiatic Jasmine
*Trachelospermum jaminoides Star Jasmine
*Vinca major Periwinkle
Wisteria species Wisteria
*Suggested erosion controlling plants for down sloping lots are denoted by an asterisk.
D Suggested drought tolerant species are denoted by a small D.
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JUN 0 2 2014
DUBLIN PLANNING
NIEILSEN
PROPERTY
Architectural Criteria, Guidelines, and Styles
EXHIBIT C TO
ATTACHMENT 2
' Nielsen Property•Apri12014
CONCEPT
The purpose of these Architectural Criteria and Guidelines is to provide design and style direction to
the homebuilder of the Nielsen Property. The Guidelines ensure attractive design and high quality
construction for the project will be done. The Criteria and Guidelines are not designed to be overly
restrictive or limiting,but instead to foster a livable environment that is enjoyable and interesting.
BASIC PRINCIPLES
Regardless of the architectural style, a home's design is comprised of many components including
building mass and articulation, roof form, fagade design, living areas and garages, and detailed
architectural elements. These components, when designed appropriately, provide a unified yet varied
neighborhood.
The following Design Criteria and Guidelines are provided to ensure that high quality architecture is
built utilizing authentic architectural styles and elements. Roof forms, materials and building massing
shall be used to establish a recognizable style. In addition, detail elements may be used to enhance the
character of a style. The appropriate scale and proportion of architectural elements and the selection of
details should be used to provide authenticity of each style.
NEIGHBORHOOD DESIGN
General Design Parameters
Given the topographic variation within the project area and the premium location of the site, the
Nielsen Property is expected to be developed with semi-custom homes. Semi-custom homes would be
production floor plans with provision made for customized placement or addition of windows,
porches, balconies, and other architectural elements to respond to specific site situations, including
topography and views. Semi-custom homes shall conform to design requirements outlined below.
Neighborhood Plotting and Massing
It is important to create an attractive, diverse, and livable streetscape within the neighborhood. In
addition to home massing and design and garage placement, this can be achieved by home placement
and orientation.
Page 2 •Architectural Design Guidelines
` Nielsen Property•Apri12014
The entry and detailing of the front facade should be the primary emphasis of the front elevation,
rather than the garage. Elements such as porches, trellises, living spaces or courtyards should project
forward of the garage.Entries of primary units should be visible from the street.
Architectural Plan and Style Mix
The Project shall provide a minimum of three different floor plans. Each floor plan shall be designed
and built with roof and elevation treatments representing a minimum of three different, architectural
styles. Three color schemes are required per elevation.
Corner Lot Homes
A different elevation should be created for corner lot homes, or an interior lot plan can be enhanced
with additional architectural elements, details, or materials on the corner side of the house that match
those on the front elevation.
Elements to consider on corner lot homes include:
• Entries placed on the side/corner elevation.
• A porch or projecting side gable that wraps the front and side of the house.
• Broad range of roof forms,and the use of dormers if appropriate to the style.
• Varied building massing.
• Enhanced detailing and materials.
• The building wall adjacent to the exterior side yard is as short as practical.
Interior Conditions
Interior Lots should aim to have articulation so the side and rear yards do not have a canyon affect.
Box houses are not acceptable. In order to not create these situations the following solutions are
provided but are not meant to be limited to these solutions:
• Recess the second story in the rear of the building
• Provide plans that use articulation and do not utilize the entire lot setbacks in width and depth.
SLOPE CONSIDERATIONS
Grading Sloped Conditions
The Nielsen Property should be designed to respond to the opportunities offered by the sloping
topography. Due to this, the lots should be stepped as a series of terraces rather than grading a large
Page 3 *Architectural Design Guidelines
Nielsen Property•April 2014
flat area.The existing landform should be followed when possible with grading to step up or down the
slope. Walls.or slopes may be used to take up slope within the development.
Plotting on Cross Slope Conditions
On street slopes greater than 4% the garage shall be plotted on the high side of the lot. Buildings should
be designed to take advantage of sloped conditions and maximize the views.
Rear Yard Slope Conditions
When buildings have rear yards sloping uphill, rear elevations on the second story should be stepped
back to open up the rear yard and avoid a "canyon-like' effect. On downhill sloping yards, rear
elevations should be stepped back to be more visually appealing from off-site. Refer to other sections
herein for additional direction.
SECONDARY DWELLING UNITS
Second dwelling units are permitted and must be an integral and complimentary part of the main unit.
Regardless of location, the secondary unit shall match the style and appearance of the primary unit.
The design of the secondary dwelling unit shall follow the City's Zoning Ordinance with the following
requirements and exceptions:
• Allowed on lots of 5,000 square feet or greater.
• Sized at a minimum of 275 square feet and a maximum of 1,000 square feet. The second unit
shall not exceed 35% of the total floor area of the primary single family residence.
• Only one second dwelling unit permitted per lot.
• One additional off-street parking space will be required; tandem or uncovered spaces
permitted.
• The secondary unit shall be incorporated as an integral and seamless component of the primary
unit and/or the primary unit's garage,if a detached garage is provided.
DUPLEX UNITS
Duplex dwelling units are permitted within the project area if utilized towards fulfilling the project's
Inclusionary Housing requirement. In the design of duplex units for the Nielsen Property, attention
shall be paid to the following:
• Duplex units shall be designed to match the single-family residential site development
standards,architectural criteria,and styles for the project area. Exceptions include the ability for
Page 4 •Architectural Design Guidelines
Nielsen Property• April 2014
zero setbacks at attached building side, yard area (250 sq. ft. minimum with a 10' minimum
dimension,and lot size and coverage to be determined at Site Development Review. )
• Duplex units shall be designed to appear as one cohesive structure (i.e.: architectural styling
shall be consistent for the entire building).
• Duplex units are encouraged to be sited on corner lots, with a goal of giving each unit more
street frontage.
• To facilitate a sense of distinction and ownership,entries should be separated from one another.
Entries sharing one path from the street are not permitted.
• To the extent feasible, entries to garages should be separate and should be visually associated
with the front door of the unit served.
ARCHITECTURAL DESIGN
To develop diversity in neighborhood design and establish individual character for each home, the
following elements and criteria have been developed. These,combined with guidelines included under
Architectural Styles below, should be used to develop a varied but cohesive aesthetic for the project
area. Elements and techniques that create these characteristics include:
• Building Mass and Roof Form
• Variable Elevation Setbacks
• Two Story Houses
• Single Story Architectural Elements
• Garage Location and Design
• Entry Design
• Four-Sided Architecture
Building Mass and Roof Form
The general form of the building should be reflective of the architectural style of the home. Mass and
form can be manipulated to decrease perceived density by avoiding repetitious box-like forms, as well
as highlighting entries and de-emphasizing garages to create a more attractive streetscape. Roof forms
should also reflect the architectural style of the building. Roof type, pitch and articulation should vary
throughout the neighborhood.
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Rows of homes viewed from along Tassajara Road and interior streets are perceived by their contrast
against the sky or the background. To provide diversity and visual interest to the neighborhood and
resulting street scene, a variety of building and roof forms are encouraged. When designing the
massing,elevations, and roof form of each structure,the following is recommended:
• Articulate wall planes to provide interest and scale.
• Provide projections and recesses to create light and shadow.
• Combine one and two story forms to break up massing.
• Vary building mass and roof lines to minimize repetitious forms, flat planes, silhouettes and
roof ridge heights.
• Provide a mix of different roof forms including front to rear,side-to-side,gables,and hips.
• Use a variety of roof pitch slopes within the project area, with roof pitch being authentic to the
architectural style referenced in the building elevation.
Variable Elevation Setbacks
When authentic to an architectural style,variable facade setbacks should be provided.The second story
shall not completely overlay the first story without the provision of a single story element or mass. To
assist in varying setbacks and front elevation massing, alternative garage locations should be
incorporated as practical with terrain and split pad constraints.
Homes rearing to Tassajara Road shall incorporate a horizontal or vertical massing break on the rear
facade to prohibit a fully maximized building envelope along the publicly visible edge.
Two Story Houses
To reduce the visual impact of a second story home's height; style appropriate elements shall be used.
Please see the "Architectural Styles" section of this document for descriptions of specific elements for
each style.
If appropriate to the architectural style,portions of the second story shall be stepped back from the first
floor facade,or shall incorporate elements (such as projecting balconies,livable areas projecting above a
first floor porch,etc.) that create variation in the massing of the building. These variations may include
stepping back the building mass,projecting balconies or dormers,etc.
Single Story Architectural Elements
When appropriate to the architectural style, single story architectural elements shall be used to help
create a more human scale and provide interest, while creating variation and enhancing street
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character. A significant single story element shall be used on at least one plan. These single story
architectural elements include:
• Interior living spaces that are a single story in height
• Enclosed front patios
• Single story garages with no building mass above it(on same front wall plane)
• Single story front or wraparound porches
• Cantilevered second story elements
The quality of a neighborhood is enhanced by the inclusion of a house plan designed specifically for
corner lots or an interior lot plan with the flexibility to include pop-outs,wraparound porches or other
enhancements when plotted on corner lots. Corner homes should have a significant one-story element
(livable area or porch) on the corner side to reduce the scale of the building along the street frontage.
Garage Location and Design
To create a visually pleasing neighborhood and limit the potential of a repetitive street scene, garages
should be designed utilizing different design and placement techniques such as:
• Vary garage placement on the lot amongst house plans.
• Provide a collection of garage door appearances.
• Incorporate garage treatments such as porte cocheres and trellises.
• Recess doors a minimum of 12" behind the garage wall plane.
• Limit driveway curb cuts to 16 feet wide.
Garage placement should be varied within the neighborhood, wit'z garage location varying from floor
plan to floor plan. Differing garage placements can be achieved by alternating front setbacks,
incorporating different garage types, or providing a mixture of architectural elements that draw one's
eye away from the garage. Except for on streets with steep slopes plans should be reversed and plotted
so the garage and entry are adjacent to each other.
The number of different garage placements within the project home plans is based upon the type of
final unit plans designed. In instances where there are two split pad plans (one uphill and one
downhill) with or without flat pad units of less than 20 units, two (2) different garage placements are
required. If 20 or more flat pad units are incorporated into the project, three (3) different garage
placements are required.Acceptable garage placements are:
• Shallow Recessed-To reduce the mass of the garage, garages should be placed a minimum of 5
feet behind the living space fagade.
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• Mid-Recessed - These garages are typically placed at or near the midpoint of the home. These
garages shall be set a minimum of 10 feet behind from the living space fagade.
• Deep Recessed - Deep recessed garages are located a minimum of 20 feet behind the front
facade of the home.These garages may be detached or attached to the home. This configuration
creates usable outdoor space.
• 3-Car Tandem - If a three car garage is offered, the third car space should be in tandem to the
standard two-car space to reduce the visual impact of a three car garage on the street.
Different patterns and colors should be applied to garage doors to give a variety of design. The use of
windows is encouraged. Incorporating other garage treatments is suggested to minimize the impact of
garage doors along the street.
Architectural elements can be incorporated in the fagade design to minimize the appearance of the
garage door and provide human-scaled elements along the street edge. Features that can be use to
meet this include:
• Trellis over a garage door to provide texture and fagade relief.
• Porte coheres to create a screened parking spaces and outdoor spaces.
• Single car garage doors to provide additional articulation and light and shadow.
ARCHITECTURAL TREATMENTS
A minimum of three different floor plans with three elevations of varying architectural styles apiece
should be provided for the Nielsen Property. The differences in these plans and elevations should be
recognizable and provide variety to the neighborhood,but the elevations and styles should not clash.
Four-sided Architecture Treatments
Four sided architectural treatments shall be applied to all the houses within the Project. This is
especially important to the homes that are adjacent or visible to Tassajara Road. Architectural
treatments include window surrounds; shutters; detailed air vents, grille work, and other enhanced
features. Elements provided shall be authentic to the selected style. Second story and roof elements
should be given special attention since these will be the most visible from the street.
• Materials, colors, and building articulation shall be continued onto the side and rear elevations
to match that of the front elevation.
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• All material and color changes shall occur at an inside corner or other logical transition point
such as chimneys,projections,or recesses.
• To provide a diverse and attractive neighborhood character,the portion of the rear elevations of
homes that back onto Tassajara Road must include a variety of window treatments and roof
projections,as well as a variety of hipped and gabled roofs and architectural detailing.
• The rear facade shall be broken either horizontally or vertically at a minimum.
• Decks and patios provided off of the side or rear elevation shall match in design and style to the
front elevation.
Creation of Form and Relief
Recesses and Shadows
Recesses, overhangs, and projections are important for creating visual interest of a building form by
providing depth and mass by causing shadows and shade.
Architectural Projections
Projections on a buildings facade should be used to create visual interest and emphasize important
aspects of the design such as the entry or major windows. If these projections are provided in an
appropriate manner they can distract from visually displeasing elements such as the garage or a large
plain wall.
Stepping Forms
Step elevations horizontally and vertically. Where appropriate to the architectural style chosen,
material changes should occur at these steps.
Entry Statement
The front entry to the home shall be designed as the focal point to the home.The entry should be easily
recognized by pedestrians and visitors.
Roof Considerations
Roof Forms and Materials
Roof types and forms shall vary throughout the neighborhood and from plan to plan. Roof forms and
characteristics shall be consistent with the selected Architectural Style. Hip, gable and shed roof forms,
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or a combination thereof, may be utilized. The use of dormers and similar elements are encouraged to
provide interest.
Dual Pitch roof forms such as Gambrel or Mansard as well as flat roofs shall not be used on the Nielsen
Property.
If asphalt composite shingles are used they will be 50 year architectural grade.
Roof Pitch
A broad range of roof pitches and materials shall also occur within the neighborhood. Principal roof
forms should typically have a pitch between 3:12 and 8:12, depending on style. A single roof pitch
should be used on opposite sides of a ridge.
Rakes and Eaves
Rakes and eaves should be selected based on the architectural style. Moderate or extended overhangs
are acceptable if properly designed. Similarly, tight fascias may be utilized when appropriate to the
style. The designer should ensure that fascia boards, exposed rafters and other roof elements are
substantially sized to avoid looking flimsy or weak. Roof detailing should not appear tacked on;rather
it should be integrated with the structure of the roof.
Overhangs, Porches and Balconies
If appropriate to the architectural style, moderate or extended overhangs, porches and balconies are
encouraged to provide shade and passive cooling for energy savings. The use of porches and balconies
expand outdoor living opportunities, create entry statements and provide elevation variety. Covered
porches may differ in roof pitch than the primary structure.
Front porches should be provided on 33 percent of the homes. Porches should be sized to be usable by
the residents. Porches should match in style and material to the selected Architectural Style of the
home.
Unit Entry Considerations
Entry Statement
The entry to a home is more than just the front door. The physical form of the front pedestrian entry
serves several stylistic and psychological functions including:
• Identifying and framing the front door
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• Expressing the architectural theme of the home
• Acting as an interface between the public and private realms(a "semi-public" outdoor space)
Placement and Visibility
The entries of the homes on the Nielsen Property should be located so that it is visually apparent the
location of the front door. Architectural forms and details should be used to decrease the visual impact
of the garage on the streetscape.
Incorporation of Roof and Architectural Features
Architectural features that are appropriate to the architectural style of the home should be used. Roof
elements, porches, columns, although the door might be visible, architectural elements such as roof
elements,covered porches,and columns should be used to announce the entry.
Front Door Considerations
Design
The front door is a major part in the style and architectural character of the house. The door should be
setback into the building form or covered by an overhead element. The entire door assembly should be
built and designed as a single unit.This includes the framing,the molding,and windows.
Materials/Colors
Wood is the preferred material for entry doors,but metal entry doors can be used if the have the same
character and feel as paneled wood doors.. The different characteristics of wood doors, such as the
grain of the wood as well as recessed panels contribute to the overall character of the entry.
The color of the door may match or contrast with the trim of the house,but must contrast substantially
with the wall color.
Use of Glass
Incorporating glass into the door assembly,whether as panels within the door or side lights,expresses
a sense of welcome and human scale (note that transom lights do not achieve the same effect.) The use
of glass in the overall door assembly is encouraged.
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Residential Address Numbers and Entry Lighting
Entries should be well lit for easy recognition and for safety. Residential address numbers should be
prominent and large enough to be read easily from the street. Street address numbers should be lit at
night.
Windows
Placement and Organization
In the design of homes for the Nielsen Property, designers should look beyond the practical
consideration of room layout in determining the placement of windows. Window placement and
organization should be used to contribute positively to the exterior architectural character of the home
and should take into account views available from the individual lot on which the house is to be built.
Attention should be paid to windows' relationship to one another and to the wall and roof planes,
creating a composition with a sense of order.
Although they do not necessarily need to be of a uniform size, shape or type, all windows within one
elevation shall appear compatible, visually relating to and complimenting each other. Recessing is
encouraged should be used on windows where possible and if authentic to the architectural style.
Feature and Theme Windows
Feature, or theme,windows create the dominant theme or form within the window hierarchy,creating
a strong visual focal point within an elevation. Feature windows should reinforce the architectural
style of the home. They may be used to deemphasize the garage, and highlight the entry or other
significant elements of the building or site.
Window Framing and Trim
There are a variety of window framing materials available today, including vinyl, aluminum,wood, or
cementitious simulated wood. The most important consideration for the designer should be whether a
material is compatible with the architectural style it will be supporting. When aluminum framing is
used natural, silver or gold anodized frames shall not be used, bronze anodized or colors that are
complementary to the color palate shall be used.Windows should be trimmed on all sides of the house
as appropriate to the architectural style.
While all windows shall be articulated and or trimmed appropriately to the individual style as
described in the architectural style section of these guidelines, aluminum windows must take
additional precautions to be trimmed and articulated. These articulations may include wood or
cementitious simulated wood trim,stucco surrounds,shutters,or recessed openings.
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Shutters
If shutters are appropriate to the architectural style used they shall be provided on all highly visible
elevations. Shutters must be appropriately sized for the window. "Closed position' shutters may also
be used to provide interest on a facade where a window is not present.
Consideration of Side and Rear Elevations
While the significant topography of the Nielsen Property allows many or most of the homes built on
the site to enjoy impressive views, it also means that homes will be more visible to the surrounding
community than would homes in a typical subdivision. For this reason, it is imperative that the
placement and number of windows on publicly visible side and rear elevations be carefully located and
in a quantity to take advantage of views and limit blank and unattractive facades. Window style,
placement,detailing and organization are applicable to all elevations of the home.
Integrations with Roof and Architectural Details
Proper articulation of wall and roof elements may include the use of windows. Architectural
projections and roof gables and dormers may be used together with windows to create focal points.
Attention should be paid to overhangs and projections above south- and west-facing windows to
achieve better summer cooling.
Sky Lights
Skylights and roof windows are acceptable so long as they are designed to appear as an integral part of
the roof, with clear or bronzed glazing and framework matching the roof or trim color of the house.
The glass or plastic material of the skylight must be flat no"bubble" designs are permitted.
Balconies and Decks
Provided they can be successfully integrated with the architectural style of the home, the inclusion of
balconies and decks are encouraged. The inclusion of these elements can be used by designers to break
up large wall planes and create visual interest while adding human scale to the building. They can also
provide desirable outdoor living areas and elevated open space, qualities that will be especially
desirable for the homes on the Nielsen Property and will have view potential. Balconies and decks
may be covered,open,or some combination. They can project from the building or be recessed into the
building's mass. Regardless of type, they shall appear to be an integral element of the building, rather
than an afterthought. Any and all details of the balcony and deck, including roof, columns, eaves,
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soffits, and railing shall be consistent with the building style. Special attention should be paid to avoid
plotting decks side by side on adjacent homes.
Exterior Stairs
Exterior stairs may be used to access secondary dwelling units or to connect balconies or decks to other
private outdoor spaces. Such stairs should generally conform to the guidelines for balconies, above, to
ensure that the stairs appear as an integral and stylistically compatible part of the structure.
Railings
One of the most visible elements of balconies, decks, and external stairs is the railing. Although
extruded aluminum railings are not permitted, designers of homes for the Nielsen Property may
employ a number of railing types including open wrought iron, wood rail, picket or solid. Glass or
plexiglass can be used for railings in situations where the views would be reduced with a solid railing.
The material and detailing chosen should be in keeping with the architectural style of the home.
Posts,Columns and Arches
Insubstantial posts or columns (i.e. metal pipe, wood of less than 6" in diameter, etc.) are not allowed.
Columns may be clad in wood, masonry, stone or stucco and may be square, round or rectangular in
shape. The width of the column should be appropriate to the material finish. Attention should be paid
to both base and capital detailing of the column.
Arches related to posts or columns may be flat,round or segments of an arch, and may include a soffit,
as appropriate to the style.
Pergolas,Trellises and Patio Covers
Builder provided pergolas, trellises, patio covers and other exterior structures should reflect the
character, color and materials of the home served. Supports shall adhere to the guidelines for posts,
columns and arches, above. Materials for the horizontal elements shall be either wood, polymer wood
composite, or the dwelling's roof material. The pitch of the patio roof may be less than that of the
home served. Sides of the structure shall not be enclosed except where a wall of the dwelling forms the
enclosure.
Awnings
Canvas awnings of solid accent colors conforming to the color palette of the referenced style are
permitted in moderation. Metal awnings are not acceptable. Non-fade high quality materials shall be
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used for all awnings. Provision for future maintenance of canvas awnings should be considered when
contemplating their inclusion.
Gutters and Downspouts
Gutters exposed to view shall be colored to match fascia material to reduce its visual impact. Likewise,
downspouts shall be colored to match the surface that they are attached. Alternatively, they may be
finished with a false copper patina.
Chimneys
Chimneys, if used, can serve as major design elements and focal points within a building elevation.
This element should be constructed with style-appropriate materials as described in the Architectural
Styles section. Attention should be paid to the cap design, as well as any steps, curves or banding on
the shaft and capital,as these will have a major visual impact when viewed against the sky or roof.
Garage and Garage Doors
Door Materials and Face Design
Door materials should be used to reflect the architectural style of the home.The garage door should not
distract the eye on the street facade. Textured and raised panels should be used on metal, wood or
fiberglass doors as it follows the architectural design.Windows within the door face is encouraged.The
garage door colors should complement the color palate for the home without distracting from the
elevation. Doors shall not include excessive decorations that distract from the elevation. All garage
doors shall be the"roll-up" type.
Recessed Doors
Decreasing the visual impact of the garage door may be accomplished in part by extending the face of
the wall surrounding the garage door 6"-12" in front of the door. The increased prominence of the wall
around the door, and the shadowing of the door visually de-emphasize the garage door.
Accessory Structures
Any accessory structures shall be located per City of Dublin standards and site specific standards
found in the Site Development section of this document. All such structures shall match in style of the
primary residence or shall be screened from public view by landscaping. Prefabricated metal or vinyl
sheds are not allowed.
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Materials
High quality materials shall be used throughout the project. No exposed foundations will be allowed.
All materials shall extend to the ground. Materials shall be placed a maximum of two inches from any
adjacent concrete and four inches from the adjacent finished grade if impervious materials such as
stone are applied. If wood, wood composition, board and batten or similar materials are applied, 6
inches from the adjacent grade will be provided.No foam materials without a solid casing may be used
within 6' of grade.
When not all elevations are provided in the architectural review package,non-illustrated elevations are
expected to follow the colors and materials that illustrated on approved elevations.
Further Design Considerations
Trash and recycling receptacles and air conditioners shall be screened from public view. Utility meters,
junction boxes,and other mechanical and utility equipment should be screened from public view when
practical. Attention should be paid to the placement of these items in side yards to ensure that
pedestrian access in emergency situations is not compromised. They may be located in rear yards so
long as negative impacts on yard use and layout are minimized. At a minimum a clear path of 3' on
one side of the house shall be maintained at all times.
Antennae shall be located in the interior of the residence. Exterior compact satellite dishes may be
included, provided they are located away from public view to the extent feasible. Fire sprinkler risers
shall be located on the interior of the unit or placed per the current fire code.
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ARCHITECTURAL STYLES
CONCEPT
The architectural styles suggested and discussed here provide the builder and design consultants the
parameters to design attractive and authentic looking homes. Because of the unique hillside character
of the Nielsen Property, the architecture of each home will be designed to complement the
neighborhood,well as the surrounding areas,and provide for views from the homes.
Six architectural styles are described and have been selected to provide an overall unified and
consistent theme for the project. These styles have been chosen to complement styles that are seen
throughout the East Bay and California and are reminiscent of past and present styles throughout the
area. Three of the styles will be chosen for the Nielsen Property at the time of Site Development
Review.
Where terms like "wood" or "stone" appear in the following guidelines, they may be interpreted to
mean"wood or cementitious simulated wood" or"genuine or cultured stone veneer."
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CALIFORNIA CRAFTSMEN
Historical Precedent
Craftsman style in California was influenced by the English Arts and Crafts movement of the 191h
century. Rustic elements, such as stone and wood, were prominent in Craftsman architecture, as were
built-in furniture elements, broad overhangs on the exterior, and other artful touches. Bungalows, a
widely produced building style in the early 20th century in California, were so strongly influenced by
the Craftsman style that the two are almost synonymous.
Design Characteristics
• Wood columns,often with a wider base than top
• Projecting cantilevers and gable ends
• Gently pitched roofs with exposed rafters
• Often substantial entry porches
• A variety of siding types used as an accent on the base and at the ends of gabled elements.
• Overhangs with exposed rafter tails at eaves.
• Rustic building materials
Design Requirements
Roof Pitch
4:12 standard.
Gables
Limited opposing gables: Typically 3:1 parallel to opposing.
Roof Materials
Shingle or flat tile,50 year architectural grade composite.
Overhangs
Typically a minimum of 18", up to 30" on projecting gables and other highlighted features.
Siding
A variety of siding types, mostly rustic building materials: Wood or simulated wood oriented
horizontally (vertically acceptable for projecting gables and other accent areas), stone or brick
base, similar to materials used on historic craftsmen homes or accent treatments. All
treatments shall stop at logical transition points and shall utilize appropriate finishing details.
Stucco Finish
Stucco finishes should be minimized for this style and should be a light to medium sand finish.
Chimneys
Craftsman chimneys shall be faced with brick or stone.
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Porches
Porches should be incorporated in the entry sequence and should extend across some or all of
the front elevation. Porch columns shall be appropriately detailed, as shall the porch roof.
Balconies
Balconies may be inset or projecting and shall be articulated with wood or simulated wood
detailing.
Windozv Treatments
Window surrounds shall be trimmed with wood or simulated wood.
Entry
The entry shall be located within the front porch area and should be covered.
Doors
Doors shall be or appear to be wood, with simple, somewhat rustic detailing and/or multi-
paned windows. Sidelights are encouraged.
Garage Doors
Garage doors shall include or appear to include panels appropriate to the detailing of the
balance of the building. If windows are included, they should reflect the appropriate form for
this style.
Front Elevations
The front elevation should include one or more prominent and detailed elements (entry,
projecting gable, etc.) The roof should be low and simple with wide overhangs.
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FRENCH COUNTRY
Historical Precedent
The origin of French Country is a blend of farmhouse and chateau styles reminiscent of the hillside
villages in South France. Trademarks of this style include the use of stone lintels or surrounds at
doorways and windows, stone accented entries, balconies, and shutters. Windows are vertical and
typically have divided panes.
Design Characteristics
Style and design elements include:
• Typically rectangular plan form with some recessed upper story massing
• A main roof hip or gable form with intersecting gables
• Moderate to steep roof pitch with minimal overhang
• Smooth flat concrete roof tiles
• Stucco wall finish
• Vertical multi-paned vinyl wrapped windows on front, enhanced, and publically visible
elevations
• Real or faux stone entry accents
• Entry porches
• Shutters
• Decorative balconies
• Wrought Iron Accents
• Arched windows on 1St floor
• Dormers
• Turrets
Design Requirements
Roof Pitch
Pitch may range from 4:12 to 8:12 for the mass of the building; a steeper pitch may be
employed to highlight entries or other architectural features.
Gables
Hip roofs are often utilized in this architectural style. Gables should be no more than 2
parallel to 1 opposed.
Roof Materials
Shingle or flat tile, 50 year architectural grade composite.
Overhangs
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6-12" standard.
Siding
Brick, field stone, cobble, or random/semi-random ashlar stone veneer elements should be
incorporated into this style. All stone veneer shall stop at logical transition points, shall wrap
around the face of the building and shall utilize appropriate finishing details.
Stucco Finish
Light to medium sand finish.
Chimneys
Chimneys in the French Country style should be clad in stucco or match the material of the
siding used on the building.
Porches
None.
Balconies
Balconies shall be projecting from the main building mass and shall have wood.
Windozv Treatments
Window surrounds should be detailed with wood trim or stucco over building foam painted
in trim colors. Wood or wrought iron window boxes, shutters, fabric awnings, or other
window embellishments should be included in select locations.
Entry
Entries for this style may be a tower element, an alcove, or a deep recess over an enhanced
front door. Stone or brick should be used as an accent material around the entry, covering at
least 50% of the entry element facade.
Doors
The door should be a simple wood door,possibly including a single small view window.
Garage Doors
Panel breakups on the garage door should correspond to the details of the main building
facade or accent elements. If the door has windows, they should be appropriate to the style.
Front Elevations
The front elevation should include one or more prominent and detailed elements (stone or
brick entry element, feature window accented with shutters and window box, etc.) The roof
should include both gable and hip elements.
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MONTEREY
Historical Precedent
The Monterey style reflects the early California Adobe architecture style with New England Colonial
two story massing. The second story of the Monterey style can be clad with a different material,
typically wood siding. The ground floor is typically stucco or a brick veneer. Upper story cantilevered
balconies and arched entries are distinct architectural details of this style.
Design Characteristics
Additional Monterey styling forms and details are as follows.
• Mostly simple,two story forms with a subtle roof pitch.
• Covered second level balcony with wood railings and columns on front elevation
• Gabled or hipped roof with overhangs
• Barrel or"S" concrete roof tiles or flat concrete tiles with shingle appearance
• Contrasting materials of stucco or brick on the ground level and wood and/or stucco siding on
the upper level
• Simple trim;minimum 4"wide wood on siding or encased foam on stucco
• Vertical multi-paned vinyl wrapped windows on front, enhanced, and publically visible
elevations
• Shutters on primary windows
• Tile vents on gable ends
• Heavy timber accents
Design Requirements
Roof Pitch
Pitch for the main building masses may be no lower than 3:12. Shed roofs covering balconies and other
projecting elements may be reduced.
Gables
The use of front facing gables should be minimized. The primary roof forms should be gables running
side-to-side or hip. Gable ends should be detailed with tile vents.
Roof Materials
Shingle or flat tile with the appearance of shingles,or rounded concrete tile with the appearance of clay
tile.
Overhangs
Rake boards shall be tight to the building,with rafters exposed under extended eaves.
Siding
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Wood, stucco and brick are acceptable siding types. Siding treatments should be used to break up
large facades. The use of brick or stucco is encouraged as at the base of the home. All siding and base
treatments should stop at logical locations and shall not stop without appropriate finishing details.
Stucco Finish
Texture on stucco finishes for the Monterey style should be light sand finish or smoother.
Chimneys
Chimneys should employ simple caps and be faced with stucco or brick, depending on the detailing of
the balance of the structure.
Porches
Any porches should be enclosed with stucco or other siding materials so as to appear as part of the
mass of the building.
Balconies
A prominent balcony of a useable size shall be an integral part of the front elevation. It should span
most of the front facade with traditional cantilevered massing and be integrated with the primary roof
form. Railing and columns shall be wood or wood appearing. Balcony may extend over the first floor
with support columns. Balconies are encouraged on rear elevations of down-sloping homes.
Window Treatments
Wood trim details shall be included on all windows. Shutters shall be used as accents on select
windows.
Entry
Entries shall be recessed under the projecting balcony. Sidelights and transom lights are discouraged.
Doors
Doors shall be simple wood with wood trim surrounds. The door may include a small window with
wrought iron detailing.
Garage Doors
Panel breakups on the garage door should correspond to the details of the main building facade or
accent elements. If the door has windows,they should be appropriate to the style.
Front Elevations
On the front elevation, emphasis should be placed on the contrast between the relatively light colored
building mass material and a darker roof,balcony and shutters.
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EUROPEAN ECLECTIC
Historical Precedent
The European Eclectic style is best characterized as a blending of European cottage traditions, arising
primarily out of Tudor and Norman architecture of England and France. The style gained wide
popularity in the United States in the early 20t" Century, aided by refined veneer techniques allowing
extensive use of stone and brick at an affordable cost. Opposed to French Country which is has a more
rectangular appearance,European eclectic takes advantage of triangular angles.
Design Characteristics
Stylistic forms and detailing include:
• Steep roof pitch with little overhang
• Hip or half-hip roof with projecting gables
• Occasionally asymmetrical gables, with similar roof pitch on the top half, but with one side
extended further down,often with the roofline curving into a gentler pitch
• Roofs on two-story element often extending down to the one-story roof level
• Extensive use of stone or brick veneer at the base of the building and on tower, other wall
elements,and entry elements.
• Limited relief in wall planes
• Decorative ledges and window accents
Design Requirements
Roof Pitch
Standard pitch should be between 6:12 and 8:12,with limited use of pitches as shallow as 3:12.
Gables
Depending on the roof level, gables should end with a feature window, a wooden vent detail
or both centered under the peak of the roof.
Roof Materials
Shingles or flat raked tile.
Overhangs
Overhangs should generally not exceed 12".
Siding
Primary siding material is stucco. Wood siding may be used as an accent material in gable
ends. Stone or brick may be used as a base treatment. All siding and base treatments should
end at logical locations and should include appropriate finish details.
Paae 27•Architectural Desi,-n
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Nielsen Property• April 2014
Stucco Finish
Finish on stucco work shall be light to medium sand.
Chimneys
Lower portions of chimneys should be clad in brick or stone. Where chimneys are highly
visible, some of the stones or bricks should be set in contrast to the prevailing courses as visual
accents. The upper half of chimneys should be stucco, and may include a taper toward the
top.
Porches
None.
Balconies
Any balconies on the elevations facing the street should be wood or wrought iron detailing as
an attachment to the building plane.
Windozv Treatments
Window surrounds shall be detailed with wood trim or stucco over building foam painted in
trim colors. The use of shutters is encouraged. When used, shutters should occur on all
logical window that may be viewed from the street. Fabric awnings and wrought iron
window boxes may also be used.
Entry
Ideally, the entry should appear as a projecting mass, with the door set within. Stone or brick
shall be used to identify and accent the entry area.
Doors
Doors should be wood with wrought iron accents such as grill work over windows or
decorative hinges. Windows in the door should not occupy more than a quarter of the door
area. Side lights may be used.
Garage Doors
Panel breakups on the garage door should correspond to the details of the main building
facade or accent elements. If the door has windows, they should be appropriate to the style.
Front Elevations
The front elevation of the European Eclectic style should generally appear as several interlocking
masses, with roof ridges at a variety of elevations. The building should appear to sit heavily on the
ground (with stone or brick "grounding' the building), becoming lighter as the eye moves upward
(with stucco siding and a high peaked roof.)
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Nielsen Property• Apri12014
EAST COAST TRADITIONAL
Historical Precedent
The East Coast architectural style in California is strongly influenced by American Colonial and
Georgian Revival traditions. Simple, functional design, such as that embodied in the Cape Cod and
Farmhouse architectural traditions, has also had influence on this style. The main house form is
typically two story rectangular with extruding gabled massing.
Generally,this style may be characterized as a harmonious combination of one-and two-story massing,
with single story wings and porches,and gabled roofs with dormered windows.
Design Characteristics
The essential concepts for appropriate scale,massing and proportion of the East Coast style are:
• Combining one-and two-story roof elements
• Prominent use of gabled roofs
• Wood siding
• Entries covered by a porch roof or an entry portico
• Wood detailing around windows,including the use of shutters
• Simple round or square columns for porches,with limited detailing of base and capital
Design Requirements
Roof Pitch
Standard roof pitch may vary between 5:12 and 8:12
Gables
Gables should not dominate the front elevation. They are appropriate for use as entry
elements and dormers. They may include entire or broken horizontal entablature to form a
pediment or broken pediment. Where appropriate, they may be detailed with round, wooden
vents.
Roof Materials
Shingle or flat, raked tile.
Overhangs
Standard overhangs should be 12"-24". Rafters should be hidden by rake boards.
Siding
The predominant siding type for this style shall be horizontal or vertical wood siding. Brick
may be used as an accent material. Use of stucco should be limited to areas not visible to the
Pa--30 •Architectural Design
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Nielsen Property•April 2014
public. All siding and accent treatments shall stop at logical locations and shall be finished
appropriately.
Stucco Finish
In the limited circumstances where stucco is used (see above), it shall be a light to medium
sand finish.
Chimneys
Chimneys for the East Coast style shall be faced in brick.
Porches
A porch or portico shall be a prominent feature of the front elevation and shall encompass the
entry and front door. Porches should be substantial in size.
Balconies
Balconies may be used on second story elevations. Columns, rails, posts and other balcony
details and accents shall be wood.
Windozv Treatments
The use of dormered windows is strongly encouraged. All windows shall be trimmed with
wood surrounds. If shutters are used, they should be used on all facades of the building, with
special attention to those seen from public streets.
Entry
Entries shall be covered by a porch or portico. The use of decorative lighting for the entry is
encouraged. The entry shall include sidelights and may include transom lights.
Doors
Doors shall be paneled wood,with or without lights.
Garage Doors
Panel breakups on the garage door should correspond to the details of the main building
facade or accent elements. If the door has windows, they should be appropriate to the style.
Front Elevations
The overall appearance of this style should be one of simple vertical and horizontal lines. The
entry should be prominent, and the gently pitched roof should be accented by simple gables.
Pa—
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• Nielsen Property • April 2014
Pace 33 -Architectural Design
Guidelines
RESOLUTION NO. 14-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW FOR A NEW 36-UNIT SINGLE-FAMILY
RESIDENTIAL NEIGHBORHOOD ON A 10.9 ACRE SITE AT 6407 TASSAJARA ROAD
PLPA-2014-00013 APN 985-0002-009-02
WHEREAS, the Applicant, Scott Roylance of William Lyon Homes, is requesting approval of
Site Development Review and an amendment to the Planned Development Zoning District Stage 2
Development Plan for the construction of 36 single-family homes on an approximately 10 acre site.
Vesting Tentative Map 7950, which established the subdivision of the site into residential lots, was
approved by the Planning Commission in 2010. The current project application is to approve the
architectural design of the neighborhood and minor modifications to the Stage 1/2 Development Plan,
which can be modified through a Conditional Use Permit; and
WHEREAS, the project site is located north of Quarry Lane School and south of Silvera Ranch
on the east side of Tassajara Road; and
WHEREAS, the project site is currently occupied by a single-family home and ranch; and
WHEREAS, in 2010, the City Council approved a General Plan and Eastern Dublin Specific
Plan Amendment to designate the property for single-family residential uses; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the
subject of an Environmental Impact Report for the General Plan Amendment and Eastern Dublin
Specific Plan (SCH # 91103064), certified by the City Council in 1993 via Resolution No. 51-93. The
General Plan Amendment/Specific Plan EIR is a program EIR, which anticipated a series of
subsequent actions related to future development in Eastern Dublin and identified some impacts from
implementation of the General Plan Amendment/Specific Plan that could not be mitigated to less than
significant. Upon approval of the Eastern Dublin project, the City adopted a statement of overriding
considerations for such impacts. The City also adopted a mitigation-monitoring program, which
included numerous measures intended to reduce impacts from the development of the Eastern Dublin
area; and
WHEREAS, a Draft Supplemental EIR (SEIR) (SCH # 2008052117) was prepared for the
Nielsen Residential Project to assess the potential for the project to cause or contribute to significant
impacts beyond those identified in the 1993 EIR. The SEIR was certified by the Dublin City Council
via Resolution 74-10 on May 18, 2010. The Nielsen Property SEIR was prepared in accordance with
the California Environmental Quality Act (CEQA) based upon previous CEQA review of the Eastern
Dublin EIR; and
WHEREAS, a Staff Report, dated June 10, 2014 and incorporated herein by reference,
described and analyzed the Nielsen Residential Project, including the Site Development Review
application and the proposed Stage 1/2 Development Plan amendments, for the Planning
Commission; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the Nielsen
Residential Project, including the Site Development Review application and the proposed Stage 1/2
ATTACHMENT 3
Development Plan amendments, on June 10, 2014, at which time all interested parties had the
opportunity to be heard; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
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
make the following findings and determinations regarding the proposed Nielsen Residential Project
Site Development Review:
A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance,
with the General Plan and any applicable Specific Plans and design guidelines because: 1)
The project will not undermine the architectural character and scale of development in the
vicinity of which the proposed project is to be located; 2) the project will provide a unique,
varied, and distinct housing opportunity; and 3) the project is consistent with the General
Plan and Eastern Dublin Specific Plan Land Use designations of Low Density Single Family
Residential.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the
project contributes to orderly, attractive, and harmonious site and structural development
compatible with the intended use, proposed subdivisions, and the surrounding properties;
2) the Project provides a high degree of design and landscaping 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 as adopted for Planned
Development Zoning District PA 07-057 (Nielsen Residential Project) as originally approved
and as proposed to be amended.
C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and
the lot in which the project is proposed because: 1) the size and mass of the proposed
houses are consistent with other residential developments in the surrounding area; 2) the
project will contribute to housing opportunities as a complement to the surrounding
neighborhoods; and 3) the project will serve the current buyer profile and market segment
anticipated for this area.
D. The subject site is suitable for the type and intensity of the approved development because:
1) the Project provides residential development in an area that supports residential uses; 2)
the Project is consistent with the Planned Development Zoning District in which it is
located; and 3) the project site will be fully served by a network of infrastructure of public
roadways, services, and facilities
E. Impacts to existing slopes and topographic features are addressed because: 1) the project
site will be re-graded in accordance with approved Vesting Tentative Map 7950; 2)
landscaping along main thoroughfares and throughout the project will be complete, and 3)
retaining walls will be constructed as required to support grade differentials between
building envelopes and setback or right-of-way areas.
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 developments in the vicinity
because: 1) the Project provides a high degree of design and landscaping to complement
existing and planned uses in the area.; 2) the structures reflect the architectural styles and
development standards for other Low Density, Single-Family residential projects in the
area; 3) the materials proposed will be consistent with residential projects in the area; and
4) the color and materials proposed will be coordinated for continuity among the structures
on site.
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 because: 1)
all perimeter landscaping, walls, fences, and hardscape are proposed for construction in
accordance with the neighborhood; and 2) landscaping in common areas is coordinated
and will be commonly maintained; and 3) the project will conform to the requirements of the
Stage 2 Development Plan and the Water Efficient Landscape Ordinance.
H. The site has been adequately designed to ensure the proper circulation for bicyclist,
pedestrians, and automobiles because: 1) all infrastructure including streets, sidewalks,
and street lighting are proposed for construction in accordance with the Eastern Dublin
Specific Plan; and 2) development of this project will conform to the improvements
standards allowing residents the safe and efficient use of these facilities.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby
approves the Site Development Review permit for the Nielsen Residential Project subject to the
conditions included below and in accordance with the SDR plans, incorporated herein by reference
and attached as Exhibit A to this Resolution.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public
Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F]
Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health, [Z7] Zone 7.
No. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY RE41D
Prior to:
PLANNING CONDITIONS
1. Approval. This Site Development Review approval is for the PL On-going Planning
Nielsen Residential Project (PLPA-2014-00013). This approval
shall be as generally depicted and indicated on the SDR
project plans, attached to this Resolution as Exhibit A,
prepared by MacKay and Somps, Bassenain Lagoni
Architects, and vanderToolan Associates Landscape
Architects dated received June 2, 2014, on file in the
Community Development Department, and other plans, text,
color and materials boards, and diagrams relating to this Site
Development Review, and as specified as the following
Conditions of Approval for this project.
2. Permit Expiration. Construction or use shall commence PL One Year DMC
within one 1 year of Permit approval or the Permit shall lapse After 8.96.020.D
and become null and void. If there is a dispute as to whether Effective
the Permit has expired, the City may hold a noticed public Date
hearing to determine the matter. Such a determination may
be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new
application must be made and processed according to the
requirements of this Ordinance.
3. Time Extension. The original approving decision-maker may, PL Prior to DMC
upon the Applicant's written request for an extension of Expiration 8.96.020.E
approval prior to expiration, upon the determination that all Date
Conditions of Approval remain adequate and all applicable
findings of approval will continue to be met, grant an extension
of the approval for a period not to exceed six (6) months. All
time extension requests shall be noticed and a public hearing
shall be held before the original hearing body.
4. Compliance. The Applicant/Property Owner shall operate this PL On-going DMC
use in compliance with the Conditions of Approval of this Site 8.96.020.F
Development Review Permit, the approved plans and the
regulations established in the Zoning Ordinance. Any violation
of the terms or conditions specified may be subject to
enforcement action.
5. Revocation of Permit. The Site Development Review PL On-going DMC
approval shall be revocable for cause in accordance with 8.96.020.1
Section 8.96.020.1 of the Dublin Zoning Ordinance. Any
violation of the terms or conditions of this permit shall be
subject to citation.
6. Requirements and Standard Conditions. The Applicant/ Various Building Standard
Developer shall comply with applicable City of Dublin Fire Permit
Prevention Bureau, Dublin Public Works Department, Dublin Issuance
Building Department, Dublin Police Services, Alameda County
Flood Control District Zone 7, Livermore Amador Valley
Transit Authority, Alameda County Public and Environmental
Health, Dublin San Ramon Services District and the California
Department of Health Services requirements and standard
conditions. Prior to issuance of building permits or the
installation of any improvements related to this project, the
Developer shall supply written statements from each such
agency or department to the Planning Department, indicating
that all applicable conditions required have been or will be
met.
7. Required Permits. Developer shall obtain all permits PW Building Standard
required by other agencies including, but not limited to Permit
Alameda County Flood Control and Water Conservation Issuance
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.
8. Fees. Applicant/Developer shall pay all applicable fees in Various Building Various
effect at the time of building permit issuance, including, but not Permit
limited to, Planning fees, Building fees, Traffic Impact Fees, Issuance
TVTC fees, Dublin San Ramon Services District fees, Public
Facilities fees, Dublin Unified School District School Impact
fees, Fire Facilities Impact fees, Alameda County Flood and
Water Conservation District (Zone 7) Drainage and Water
Connection fees; or any other fee that may be adopted and
a licable.
9. Indemnification. The Developer shall defend, indemnify, and ADM On-going Administrati
hold harmless the City of Dublin and its agents, officers, and on/City
employees from any claim, action, or proceeding against the Attorney
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, a eat 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 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. Clarification of Conditions. In the event that there needs to PW On-going Public
be clarification to the Conditions of Approval, the Director of Works
Community Development and the City Engineer have the
authority to clarify the intent of these Conditions of Approval to
the Developer without going to a public hearing. The Director
of Community Development and the City Engineer also have
the authority to make minor modifications to these conditions
without going to a public hearing in order for the Developer to
fulfill needed improvements or mitigations resulting from
impacts to this project.
11. Clean-up. The Applicant/Developer shall be responsible for PL On-going Planning
clean-up & disposal of project related trash to maintain a safe,
clean and litter-free site.
12. Modifications. Modifications or changes to this Site PL On-going DMC
Development Review approval may be considered by the 8.104.100
Community Development Director if the modifications or
changes proposed comply with Section 8.104.100 of the
Zoning Ordinance.
13. Site Lighting. A detail for the street light standard shall be PL, PW Site Municipal
provided for review and approval by the Community Improvement Code
Development Director and City Engineer prior to issuance of Plans
the Site Improvement Plans.
14. Public Art. The Applicant/Developer has elected to acquire PL Prior to first Project
and install a public art project in accordance with Chapter 8.58 occupancy Specific
of the Dublin Municipal Code. The value of the public art
project is required to equal or exceed 0.5% of the building
valuation (exclusive of land) for the project. The Building
Official will determine the building valuation at the time of
Master Plan Check submittal. Potential locations for the
installation of public art are shown in the original 2010 Stage
1/2 Development Plan (Sheet PD2-7). Prior to first occupancy
the Applicant/Developer shall (a) secure completion of the
public art project in a manor deemed satisfactory to the City
Manager; and (b) execute an agreement between the City and
Applicant/Developer that sets forth the ownership,
maintenance responsibilities, and insurance coverage for the
public art project. The public art project is subject to the
approval of the City Council upon recommendation by the
Heritage and Cultural Arts Commission.
15. Satellite dishes. Prior to the issuance of Building Permits, P Issuance of
the Developer's Architect shall prepare a plan for review and Building
approval by the Director of Community Development and the Permits
Chief Building Official that provides a consistent and
unobtrusive location for the placement of individual satellite
dishes. 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. In
instances where the buildings have mechanical wells
(Neighborhoods 4 and 6) that those buildings provide locations
within the well for individual unit connections. In instances
where neither chimneys nor mechanical wells exist, then the
plan shall show a common and consistent location for satellite
dish placement to eliminate the over proliferation, haphazard
and irregular placement.
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, the
developer shall prepare a disclosure statement to be signed
by every first time home purchaser indicating that utilizing this
dedicated conduit and central mounting location is a
re uirement if a satellite dish is installed.
16. Building Materials: All building materials, brick veneer, stone, P Issuance of
stucco, siding etc. shall be brought to with 6" of the adjacent Building
ground surface when the surface is dirt and 2" when the Permits
adjacent surface is concrete asphalt or another impervious
surface. Additionally, all enhanced building materials, such
as, but not limited to, brick veneer, stone, and simulated wood
siding shall turn the corner of portion of the accented elevation
and continue to the nearest change in wall plane to give the
appearance of a competed design element. This shall be
done to avoid the look of a veneer window and door opening
in wall planes where enhanced materials are used shall have
the enhanced materials returned into the opening.
17. Inclusionary Housing. The project is subject to the City's PL Recordation Project
Inclusionary Zoning Regulations (Chapter 8.68 of the of the first Specific
Municipal Code). Under the terms of the Regulations, Final Map for
Developer has a 5 unit affordable housing obligation, which the project
obligation may be satisfied by several means. Developer
proposed an "alternate method of compliance" under Section
8.68.040.E to satisfy its affordable housing obligation, which
proposal was approved by the City Council on June 3, 2014.
The approved fee payment is $109,573 per unit for a total of
$547,865 in lieu of construction of the 5 affordable housing
units. The City Council has found that the Developer's
proposal meets the purposes of the Inclusionary Zoning
Regulations. Developer shall make the payment on or before
the recordation of the first Final Map for the project. If
Developer fails to make the payment when due, the City may
withhold further approvals and authorizations for the Project,
and may elect to revoke the approval of the alternate method
of compliance and apply the Regulation's standard
requirements.
18. Modifications to the approved plans. A minor physical P Issuance of
change to the approved SDR plans (Exhibit A) such as a Building
minor modification to the approved building design, site, or Permits
building details (such as color or materials that are equal or
superior to the approved item), can be considered by the
Community Development Director or his/her designee as a
Site Development Review Waiver. Any amendment to the
approved plans which is not considered by the Community
Development Director to be a minor physical change shall be
reviewed per Section 8.104.090 (Amendment) of the Dublin
Municipal Code, which would include full review and approval
by the decision-making body of the original application, in this
case the Planning Commission.
19. Compliance with Nielsen SEIR Mitigation Measures. The P Ongoing and
ro ect is required to comply with all mitigations measures as in
detailed in the Final Supplemental Environmental Impact accordance
Report (EIR) for the Nielsen Development Project (SCH # with the
2008052117), certified by the Dublin City Council via mitigation
Resolution 74-10 on May 18, 2010. measures
BUILDING
20. Building Codes and Ordinances. All project construction B Through
shall conform to all building codes and ordinances in effect at Completion
the time of building permit.
21. Retaining Walls. All retaining walls over 30 inches in height B Through
and in a walkway shall be provided with guardrails. All Completion
retaining walls over 24 inches with a surcharge or 36 inches
without a surcharge shall obtain permits and inspections from
the Building & Safety Division.
22. Phased Occupancy Plan. If occupancy is requested to B Occupancy of
occur in phases, then all physical improvements within each any affected
phase shall be required to be completed prior to occupancy of building
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.
23. Building Permits. To apply for building permits, B Issuance of
Applicant/Developer shall submit five (5) sets of construction Building
plans to the Building & Safety Division for plan check. Each Permits
set of plans shall 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.
24. Construction Drawings. Construction plans shall be fully B Issuance of
dimensioned (including building elevations) accurately drawn building
(depicting all existing and proposed conditions on site), and permits
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.
25. Air Conditioning Units. Air conditioning units and ventilation B Occupancy of
ducts shall be screened from public view with materials Unit
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 ya nd with an unobstructed width of not less than 36
inches. Air conditioning units shall be located in accordance
with the PD text.
26. Temporary Fencing. Temporary Construction fencing shall B Through
be installed along the perimeter of all work under construction. Completion
27. Addressing B
a) Provide a site plan with the City of Dublin's address Prior to
grid overlaid on the plans (1 to 30 scale). Highlight all release of
exterior door openings on plans (front, rear, garage, addresses
etc.). The site plan shall include a single large format
page showing the entire project and individual sheets
for each neighborhood. 3 copies on full size sheets
and 5 copies reduced sheets.
b) Provide plan for display of addresses. The Building
Official shall approve plan prior to issuance of the first Prior to
building permit. (Prior to permitting) permitting
c) Addresses will be required on the front of the
dwellings. Addresses are also required near the
garage door opening if the opening is not on the same
side of the dwelling as the front door. Prior to
d) Address signage shall be provided as per the Dublin permitting
Residential Security Code.
e) Exterior address numbers shall be backlight and be
posted in such a way that they may be seen from the Occupancy
street. of any Unit
Prior to
permit
issuance,
and through
com letion
28. Engineer Observation. The Engineer of record shall be B Scheduling
retained to provide observation services for all components of the final
the lateral and vertical design of the building, including nailing, frame
hold-downs, straps, shear, roof diaphragm and structural inspection
frame of building. A written report shall be submitted to the
City Inspector r(or to scheduling the final frame inspection.
29. Foundation. Geotechnical Engineer for the soils report shall B Permit
review and approve the foundation design. A letter shall be issuance
submitted to the Building Division on the approval.
30. Green Building B
Green Building measures as detailed in the SDR package may Through
be adjusted prior to master plan check application submittal Completion
with prior approval from the City's Green Building Official
provided that the design of the project complies with the City
of Dublin's Green Building Ordinance and State Law as
applicable. In addition, all changes shall be reflected in the
Master Plans. (Through Completion)
The Green Building checklist shall be included in the master Prior to first
plans. The checklist shall detail what Green Points are being permit
obtained and where the information is found within the master
plans. (Prior to first permit).
Prior to each unit final, the project shall submit a completed Through
checklist with appropriate verification that all Green Points Completion
required by 7.94 of the Dublin Municipal Code have been
incorporated. (Through Completion)
Homeowner Manual— if Applicant takes advantage of this Project
point the Manual shall be submitted to the Green Building
Official for review or a third party reviewer with the results
submitted to the City. (Project) Prior to
approval of
Landscape plans shall be submitted to the Green Building the
Official for review. (Prior to approval of the landscape plans landscape
by the City of Dublin) plans by the
City of Dublin
Developer may choose self-certification or certification by a
third party as permitted by the Dublin Municipal Code. Prior to
Applicant shall inform the Green Building Official of method of approval of
certification prior to release of the first permit in each the
subdivision / neighborhood. landscape
plans by the
City of Dublin
31. Electronic File: The applicant/developer shall submit all B Issuance of
building drawings and specifications for this project in an the final
electronic format to the satisfaction of the Building Official prior occupancy
to the issuance of building permits. Additionally, all revisions
made to the building plans during the project shall be
incorporated into an "As Built' electronic file and submitted
rior to the issuance of the final occupancy.
32. Copies of Approved Plans. Applicant shall provide City with B 30 days after
2 reduced (1/2 size) copies of the City of Dublin stamped permit and
approved plan. each revision
issuance
33. Wildfire Management. Provide in the master drawing set, a B Through
sheet detailing which lots are adjacent to open space and Completion
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.
34. Options. Selected options that affect the square footage of B Through
the dwellings shall be listed on the building permit application. Completion
Selected options that affect the footprint of the dwelling shall
be shown on the plot plan
LANDSCAPING
35. Final Landscape plans. The Final Landscape Plans and Site P Issuance of Planning
Improvement Plans shall include the completion of curb, gutter, Site
sidewalks and landscaping for the portion of Street A that Improvement
extends from Silvera Ranch Road to the project boundary (less Plans
than 100 linear feet).
36. Final landscape plans, irrigation system plans. P Issuance of Standard
Tree preservation techniques, and guarantees, shall be the building
reviewed and approved by the Dublin Planning Division prior permit
to the issuance of the building permit. All such submittals shall
insure:
a. That plant material utilized will be capable of healthy
growth within the given range of soil and climate.
b. That proposed landscape screening is of a height and
density so that it provides a positive visual impact
within three years from the time of planting.
c. That a plan for an automatic irrigation system be
provided which assures that all plants get adequate
water.
d. That concrete curbing is to be used at the edges of all
planters and paving surfaces where applicable.
e. That all cut and fill slopes conform to the master
vesting tentative map and conditions detailed in the
Site Development Review packet.
f. That all cut and fill slopes graded and 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. Cut and/or fill slopes exceeding a 3:1 grade shall be
stabilized with jute netting or approved equal to control
erosion. Trees planted on slopes that exceed a 3:1
grade shall be installed with approved rock slope
protection above and below the tree pit to catch grade.
h. 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.
i. That a warranty from the owners or contractors shall
be required to warranty all shrubs and ground cover,
all trees, and the irrigation system for one year.
j. That a permanent maintenance agreement on all
landscaping will be required from the owner insuring
regular irrigation, fertilization and weed abatement, if
applicable.
37. Water Efficient Landscaping Regulations. The Applicant P Issuance of Standard
shall meet all requirements of the City of Dublin's Water- the building
Efficient Landscaping Regulations, Section 8.88 of the Dublin permit
Municipal Code.
38. Plant Clearances. All trees planted shall meet the following P Issuance of Standard
clearances: any building
a. 6' from the face of building walls or roof eaves permit
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
39. Mailboxes. Applica shall work with staff to prepare a P Issuance of Standard
nt
mailbox plan that is consistent with Dublin Municipal Code and any building
adjacent subdivisions. Mailbox locations shall be integrated permit
within the landscape and shall comply with USPS
require ents.
40. Sustainable Landscape Practices. The landscape design P Issuance of Standard
shall demonstrate compliance with sustainable landscape any building
practices as detailed in the Bay-Friendly Landscape permit
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 provide the P Issuance of Standard
City with one full size copy, one reduced (1/2 sized) copy and any building
one electronic copy of the approved landscape plans prior to permit
construction.
PUBLIC WORKS CONDITIONS
42. General Public Works Conditions of Approval: Developer PW Ongoing
shall comply with the City of Dublin General Public Works
Conditions of Approval, and the Conditions of Approval for
Tract 7950 contained in Resolution No. 10-21, a Resolution of
the Planning Commission approving the Vesting-Tentative- - - -
Subdivision Map 7950 for the Nielsen Property Residential
Project (approved April 27, 2010) unless specifically modified
by these Conditions of Approval.
43. Ownership and Maintenance. Ownership, dedications on PW Ongoing and
final map, and maintenance of street right-of-ways, common Final Map
area parcels, open space areas and improvements shall be by
the City of Dublin and the Homeowner's Association as shown
on the "Ownership and Maintenance" Stage II PD Exhibit,
Sheet PD2-2 prepared by MacKay & Somps, dated received
June 2 2014, except as modified by these Conditions of
Approval.
44. Landscape Features within Public Right of Way: The PW Final Map
Developer shall enter into an "Agreement for Long Term
Encroachments" with the City to allow the Homeowner's
Association to maintain the landscape and decorative features
within public Right of Way including frontage landscaping,
decorative pavements and special features (i.e., walls, portals,
benches, etc.) as generally shown in the Site Development
Review (SDR) 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.
45. Private Street: Developer shall construct complete street PW Approval of
improvements for Street A (private) as generally shown in the Improvement
SDR package (Exhibit A to this Resolution). Developer shall Plans & Final
comply with the requirements of Fire Department and Public Map
Works Department for access and design of structural
pavement for the Private Street.
46. Stormwater Management: The Developer shall construct a PW Approval of
new on-site bioretention area in compliance with the Improvement
Municipal Regional Stormwater Permit (MRP) issued by the Plans & Final
San Francisco Bay Regional Water Quality Control Board.. In Map
addition, the project shall comply with hydromodification
standards outlined in the MRP.
47. Storm Drainage Calculations: Provide calculations PW Approval of
demonstrating that the revised Site Plan does not exceed the Improvement
development assumptions for the Nielsen property used Plans and
during the design and sizing of the storm drain system for the Final Map
Silver Ranch Project. Also demonstrate compliance with
Comments from Alameda County Public Works Agency dated
March 10, 2009. The comment requires that there should be
no augmentation in runoff quantity or duration from the Project
site that will adversely impact downstream facilities. The Storm
Drainage and Hydrology Plans will need approval/concurrence
from Zone7 Water Agency.
48. Tassajara Road Frontage Improvements: The Developer PW Approval of
shall be responsible for construction of the Tassajara Road Improvement
Improvements specified in the Conditions of Approval for Plans and
Vesting Tentative Tract Map 7950 except as noted below. It Final Map
shall be noted that the Wallis Ranch subdivision, recently
approved by Council on May 20, 2014, is conditioned to
construct two (2) southbound lanes and a forty foot (40')
landscaped median on Tassajara Road along the Nielson
project frontage. The Tassajara Road pavement
improvements specified in the Conditions of Approval for
Vesting Tentative Tract Map 7950 (34 feet of pavement width)
shall instead be designed and constructed as two-twelve foot
northbound lanes and an eight foot bike lane. If these
improvements are constructed prior to the completion of the
Wallis Ranch improvements, the Developer shall also
construct a two foot (2') wide temporary shoulder along the
western edge of pavement and stripe the more western travel
lane as a southbound travel lane. The Developer shall
coordinate the design and construction of the required
Tassajara Road improvements with the developer of the Wallis
Ranch subdivision in order to minimize duplication of work,
design conflicts and inconvenience to the traveling public and
nearby residents.
49. Tassajara Road Stormwater Treatment Measures: PW Approval of
Developer shall provide stormwater treatment for the Improvement
impervious surface added or replaced as a result of the Plans or Final
required Tassajara Road improvements in compliance with the Map
Municipal Regional Stormwater Permit(MRP) issued by the
San Francisco Bay Regional Water Quality Control Board.
50. Street "A" Median Island: There is no median proposed with PW Approval of
the revised layout as proposed in the SDR package. Improvement
Plans or Final
Map
51. Sidewalk/Driveway Design: The 4.5' wide sidewalks shall PW Approval of
include a 6" "pop-out" as shown on SDR Exhibit ----- to provide Improvement
an adequate 5' wide turnaround at every 200 feet. 5-foot Plans or Final
turnaround "pop-out" shall be graded and poured with the 4.5' Map
wide sidewalks with a 2% maximum cross slope per City of
Dublin Standards.
52. The public improvements shall be constructed as shown on PW Prior to
the Site Development Review Plans as shown in Exhibit A. Approval of
However, the approval of the Site Development Review Plans Improvement
is not an approval of the specific design of the drainage, Plans or Start
sanitary sewer, water, street improvements and all other of
improvements outlined herein. Construction.
53. The final design shall include a detailed layout of the parking
spaces on all streets to ensure access to the parking spaces
and emergency vehicle access.
54. Storm Water Treatment Measures Maintenance PW Acceptance
Agreement: Developer shall enter into an Agreement with the of
City of Dublin that guarantees the property owner's perpetual Improvement
maintenance obligation for all stormwater treatment measures s
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.
55. Stormwater Management: The provided Stormwater PW Approval of
Management Plan, which is part of the Site Development Improvement
Review Plans (Exhibit A) is approved in concept only. The final Plans or Final
Stormwater Management Plan is subject to City Engineer Map
approval prior to approval of the Tract 7950 Improvement
Plans. Approval is subject to the developer providing the
necessary plans, details, and calculations that demonstrate
the plan complies with the standards outlined in Municipal
Regional Stormwater Permit issued by the San Francisco Bay
Regional Water Quality Control Board.
56. Landscape Plans: At the latest, the Developer shall submit PW Approval of
design development Landscape Plans with the second plan Improvement
check for the street improvement plans and final map. The Plans or Final
Landscape Plans shall show details, sections and Map
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.
57. Street Light and Joint Trench Plans. Street Light Plans and PW Approval of
Joint Trench Intent Plans shall be submitted with the first plan Improvement
check for the street improvement plans and final map. At the Plans or Final
latest, design development Street Light Plans and Joint Map
Trench Plans shall be submitted with the second plan check
for the street improvement plans and final map. The final
streetlight plan and joint trench plan shall be completed prior
to Final Map approval for each respective subdivision.
FIRE
58. Comply with 2013 California Fire Code. F On going Standard
59. Comply with 2013 California Residential Code. F On going Standard
60. All residential construction shall meet Dublin Wildfire F On going Standard
Management Plan and C.B.C. 7A- Exterior Wildfire
Exposure.
61. FIRE ACCESS DURING CONSTRUCTION F Issuance of Standard
Fire Access. Access roads, turnarounds, pullouts, and Building
fire operation areas are Fire Lanes and shall be Permits
maintained clear and free of obstructions, including the
parking of vehicles.
Entrances. Entrances to job sites shall not be blocked,
including after hours, other than by approved
gates/barriers that provide for emergency access.
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.
Entrance flare, angle of departure, width, turning radii,
grades, turnaround, vertical clearances, road surface,
bridges/crossings, gates/key-switch, & within required 150-ft.
distance to Fire Lane
Personnel Access. Approved route to furthermost portion
of exterior wall. Route width, slope, surface, obstructions
must be considered.
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.
DSRSD
62. Complete improvement plans shall be submitted to DSRSD DSRSD Issuance of any Standard
that conform to the requirements of the Dublin San Ramon building permit
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.
63. All mains shall be sized to provide sufficient capacity to DSRSD Issuance of any Standard
accommodate future flow demands in addition to each building permit
development project's demand. Layout and sizing of mains
shall be in conformance with DSRSD utility master
planning.
64. Sewers shall be designed to operate by gravity flow to DSRSD Issuance of any Standard
DSRSD's existing sanitary sewer system. Pumping of building permit
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.
65. Domestic and fire protection waterline systems for Tracts or DSRSD Issuance of any Standard
Commercial Developments shall be designed to be looped building permit
or interconnected to avoid dead end sections in
accordance with requirements of the DSRSD Standard
S ecifications and sound engineering ractice.
66. DSRSD policy requires public water and sewer lines to be DSRSD Issuance of any Standard
located in public streets rather than in off-street locations to building permit
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.
67. Prior to approval by the City of a grading permit or a site DSRSD Issuance of any Standard
development permit, the locations and widths of all building permit
proposed easement dedications for water and sewer lines
shall be submitted to and approved by DSRSD.
68. All easement dedications for DSRSD facilities shall be by DSRSD Issuance of any Standard
separate instrument irrevocably offered to DSRSD or by building permit
offer of dedication on the Final Map.
69. Prior to approval by the City for recordation, the Final Map DSRSD Issuance of any Standard
shall be submitted to and approved by DSRSD for building permit
easement locations, widths, and restrictions.
70. Prior to issuance by the City of any Building Permit or DSRSD Issuance of any Standard
Construction Permit by the Dublin San Ramon Services building permit
District, whichever comes first, all utility connection fees
including DSRSD and Zone 7, plan checking fees,
inspection fees, 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.
71. Prior to issuance by the City of any Building Permit or DSRSD Issuance of any Standard
Construction Permit by the Dublin San Ramon Services building permit
District, whichever comes first, all improvement plans for
DSRSD facilities shall be signed by the District Engineer.
Each drawing 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 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
b the District Engineer.
72. No sewer line or waterline construction shall be permitted DSRSD Issuance of any Standard
unless the proper utility construction permit has been building permit
issued by DSRSD. A construction permit will only be
issued after all of the items in Condition No. 9 have been
satisfied.
73. The applicant shall hold DSRSD, its Board of Directors, DSRSD Issuance of any Standard
commissions, employees, and agents of DSRSD harmless building permit
and indemnify and defend the same from any litigation,
claims, or fines resulting from the construction and
com letion of the project.
74. Improvement plans shall include recycled water DSRSD Issuance of any Standard
improvements as required by DSRSD. Services for building permit
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.
75. Above ground backflow prevention devices/double detector DSRSD Issuance of any Standard
check valves shall be installed on fire protection systems building permit
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.
76. Development plans will not be approved until landscape DSRSD Approval of Standard
plans are submitted and approved. landscape
tans
77. Grading for construction shall be done with recycled water. DSRSD On oin Standard
78. Temporary potable irrigation meters in areas with recycled DSRSD Ongoing Standard
water service shall only be allowed for cross-connection
and coverage testing for a maximum of 14 calendar days.
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 10th day of
June 2014, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
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NEW HOME RATING SYSTEM,VERSION 6.0 Planning Scoresheet
GreenPointRATEO SINGLE FAMILY CHECKLIST
The GreenPoint Rated checklist tracks green features incorporated into the home.GreenPoint Rated is administered by Build It Points Targeted: 71.3
Green,a non-profit whose mission is to promote healthy,energy and resource efficient buildings in California.
The minimum requirements of GreenPoint Rated are:verification of 50 or mare points;Earn the following minimum points per Certification Level: Certified
category:Community(3),Energy(22),Indoor Air Quality/Health(6),Resources(6),and Water(8);and meet the prerequisites
CALGreen Mandatory,H6.1,J5.1,01,07.
The criteria forthe green building practices listed below are described in the GreenPoint Rated Single sminimum Points
Family Rating Manual.For more information please visit www.builditgreen.org/greenpointrated •Targeted Points
Build It Green is note code enforcement agency. P5 28.8
A home is only GreenPoint Rated if all features are verified by a Certified GreenPoint Rater through Build It Green. 2
6.0 + 6 13.0 6 12.5 6 11.0
Single Family New Home v.6.0.1 _
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Property T
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Measures Passible Points
Yes CALGreen Res(REQl11RE0
~ TBD Al.Construction Footprint 1
A2.Job Site Construction Waste Diversion
Yes A2.1 65%C&D Waste Diversion(Including Alternative Daily Cover) 2 2
TBD A2.2 65%C&D Waste Diversion(Excluding Alternative Daily Cover) 2
No A2.3 Recycling Rates from Third-Party Verified Mixed-Use Waste Facility 0 1
TBD A3.Recycled Content Base Material 1
TBD A4.Heat Island Effect Reduction(Non-Roof) 1
TBD A5.Construction Environmental Quality Management Plan Including Flush-Out 1
A6.Stormwater Control:Prescriptive Path
TBD A6.1 Permeable Paving Material 1
No A6.2 Filtration and/or Bio-Retention Features 1
Yes A6.3 Non-Leaching Roofing Materials 1
TBD A6.4 Smart Stormwater Street Design 1
TBD A7.Stortmxater Control:Performance Path 3
TBD Bt.FV Ash andfa'Slag M Carcfids 1
TBD B2.Radon-Resistant Construction 2
TBD B3.Foundation Drainage System 2
TBD B4.Moisture Controlled Cmwlspace 1
B5.Structural Pest Controls
TBD B5.1 Termite Shields and Separated Exterior Wood-to-Concrete Connections 1
TBD 85.2 Plant Trunks,Bases,or Stems at Least 36 Inches from the Foundation 1
0.00% Enter the landscape area percentage
Yes C1.Plants Grouped by water Needs(Hydrozoning) 1
TBD C2.Three Inches of Mulch in Planting Beds 1
C3.Resource Efficient Landscapes
No C3.1 No Invasive Species Listed by Cal-IPC 1
TBD C3.2 Plants Chosen and Located to Grow to Natural Size t
No C3.3 Drought Tolerant,California Native,Mediterranean Species,or Other
Appropriate Species 3
C4.Minimal Turf in Landscape
No C4.1 No Turf on Slopes Exceeding 10%and No Overhead Sprinklers Installed in
Areas Less Than Eight Feet Wide 2
510% C4.2 Turf on a Small Percentage of Landscaped Area 2
TBD C5.Trees to Moderate Building Temperature 1 1 1
Yes C6.High-Efficiency Irrigation System 2
TBD C7.One Inch of Compost in the Top Six to Twelve Inches of Soil 2
TBD CO.Rainwater Harvesting System 3
TBD C9.Recycled Wastewater Irrigation System 1
Yes C10.Submeter or Dedicated Meter for Landscape Irrigation 2
TBD Cll.Landscape Meets Water Budget 2
C12.Environmentally Preferable Materials for Site
TBD C12.1 Environmentally Preferable Materials for 70%of Non-Plant Landscape
Elements and Fencing 1
No C13'Reduced Light Pollution 0 1
TBD C14.Large Stature Tree(s) 1
TBD C15.Third Party Landscape Program Certification 1
TBD C16.Maintenance Contractwith Certified Professional 1
D1.Optimal value tri gumering
TBD D7.1 Joists,Rafters,and Studs at 24 Inches on Center 1 2
Yea D1.2 Non-Load Bearing Door and Window Headers Sized for Load 1
TBD Of.3 Advanced Framing Measures 2
TBD D2.Construction Material Efficiencies 1
D3.Engineered Lumber
Yes D3.1 Engineered Beams and Headers 1
TBD D3.2 Wood IJoists or Web Trusses for Floors 1
TBD D3.3 Engineered Lumber for Roof Rafters 1
TBD D3.4 Engineered or Finger-Jointed Studs for Vertical Applications .
5
Yes D3.5 OSB for Subloor
Yep 03.6 OSB for Wall and Roof Sheathing 0.5
TBD D4.Insulated Headers 1
D5,FSC-Certified Wood
TBD D5.1 Dimensional Lumber,Studs,and Timber 6
TBD 05.2 Panel Products 3
D6.Solid Wall Systems
TBD 06.1 At Least 90%of Floors 1
TBD D6.2 At Least 90%of Exterior Walls 1 1
TBD D6.3 At Least 90%of Roofs 1 1
TBD D7.Energy Heels on Roof Trusses 1
Draft GreenPoint Rated New Home Single Family Checklist Version 6.0
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TBD D8.Overhangs and Gutters 1 1
D9.Reduced Pollution Entering the Home from the Garage
Tap D9.1 Detached Garage 2
TBD D9.2 Mitigation Strategies for Attached Garage 1
D10.Structural Pest and Rot Controls
TBD D10.1 All Wood Located At Least 12 Inches Above the Soil 1
D10.2 Wood Framing Treated With Berates or Factory-Impregnated,or Wall
No
Mated als Other Than Wood 0 1
D11.Moisture-Resistant Materials in Wet Areas(such as Kitchen,Bathrooms,
TED Utility Rooms and Basements) 1 1
_o TBD E7.Environmentally Preferable Decking 1
Yes E2.Flashing Installation Third-Party Verified 2
TBD E3.Rain Screen Wall System 2
Yes E4.Durable and Non-Combustible Cladding Materials 1
E5.Durable Rooting Materials
Yes E5.1 Durable and Fire Resistant Roofing Materials or Assembly t
TBD E6.Vegetated Roof 2 2
F7.Insulation with 30%Post-Consumer or 60%Postindustrial Recycled Content
TBD F1.1 Walls and Floors 1
1
TBD j F1.2 Ceilings
F2.Insulation that Meets the CDPH Standard Method-Residential for
Low Emissions
TBD F2.1 Walls and Floors 1
TBp F2.2 Ceilings 1
F3.Insulation That Does Not Contain Fire Retardants
TBD F3.1 Cavity Walls and Floors 1
TBD F3.2 Ceilings 1
Tap F3.3 Interior and Exterior 1
G1.Efficient Distribution of Domestic Hot Water
TBD G1.1 Insulated Hot Water Pipes 1
TBD G1.2 WaterSense Volume Limit for Hot Water Distribution 1
TBD G1.3 Increased Efficiency in Hot Water Distribution 2
G2.Install Water-Efficient Fixtures
Yes G2A WaterSense Showerheads with Matching Compensation Valve 2 2
Z G2.2 WaterSense Bathroom Faucets 1 1
Yes G2.3 WaterSense Toilets with a Maximum Performance(MaP)Threshold of No
Less Than 500 Grams 1
1
TBD G3.Pre-Plumbing for Graywater System 3
TBD_: G4.0 era0onal Graywater S stem
H1.Sealed Combustion Units
Tgp H1.1 Sealed Combustion Furnace 1
TBD H1.2 Sealed Combustion Water Heater 2
TBD H2.High Performing Zoned Hydronic Radiant Heating System 1 1
H3.Effective Ductwork
Yes H3.1 Dud Mastic on Duct Joints and Seams 1
TBD H3.2 Pressure Balance the Ductwork System 1
Yes H4.ENERGY STARE)Bathroom Fans Per HVI Standards with Air Flow Verified 1
H5.Advanced Practices for Cooling
TBD H5.1 ENERGY STAR Ceiling Fans in Living Areas and Bedrooms 1
H6.Whole House Mechanical Ventilation Practices to Improve Indoor Air Quality
Yes H6.1 Meet ASHRAE 62.2-2010 Ventilation Residential Standards R R R
R R
TBD H6.2 Advanced Ventilation Standards 1
Tap I H6.3 Outdoor Air Ducted to Bedroom and Living Areas 2
H7.Effective Range Hood Design and Installation
Tap H7.1 Effective Range Hood Ducting and Design 1
TBD H7.2 Automatic Range Hood Control 1
Yes H8.No Fireplace or Sealed Gas Fireplace 1
TBD H9.Humidity Control Systems
1
TBD H70.Register Design Per ACCA Manual T 1
Yes H11.HIS Efficienc HVAC Filter MERV 8+ 1
TBD x If.Pre-Plumbing for Solar Water Heating 1
TBD 12.Preparation for Future Photovoltaic Installation 1
I3.Onsite Renewable Generation(Solar PV,Solar Thermal,and Wind) 25
14.Net Zero Energy Home
TBD 14.1 Near Zero Energy Home 2
TBD 14.2 Net Zero Electric 4
Yes J1.Third-Party Verification of Quality of Insulation Installation 1 1
TBD J2.Supply and Return Air Flow Testing 1
yes J3.Mechanical Ventilation Testing and Low Leakage 1
TBD J4.Combustion Appliance Safety Testing
J5.Building Performance Exceeds Title 24 Part 6 60
15.14% J5.1 Home Outperforms Title 24 Part 6 1
Yes J6.Title 24 Prepared and Signed by a CABEC Certified Energy Analyst 1
TBD J7.Participation in Utility Program with Third-Party Plan Review 1
TBD J8.ENERGY STAR for Homes 1
No J9.EPA Indoor airPlus Certification 2
3.5 J10.Blower Door Testing .,
7Yes7tryways Designed to Reduce Tracked-fin Contaminants I
K3. 1 Individual Entryways 2
ro-VOC Interior Wall and Ceiling Paints
w-VOC Caulks and Adhesi ves
Draft GreenPoint Rated New Home Single Family Checklist Version 6.0
Prop E = u
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K4.Environmentally Preferable Materials for Interior Finish
TBD K4.1 Cabinets 2
TBD K4.2 Interior Trim 2
TBD K4.3 Shelving 2
TBD K4.4 Doors 2
TBD K4.5 Countertops 1
K5.Formaldehyde Emissions in Interior Finish Exceed CARD
TBD K5.1 Doors 1
TBD K5.2 Cabinets and Countertops l 2
TBD K5.3 lntedor Trim and Shelving �._ 2
TBD K6.Products That Comply With the Health Product Declaration Open Standard 2
TBD K7.Indoor Air Formaldehyde Level Less Than 27 Parts Per Billion 2
No K8.Comprehensive Inclusion of Low Emitting Finishes 1
# TBD L1.Environmentally Preferable Flooring 3
275% L2.Low-Emitting Flooring Meets COPE!2010 Standard Method-Residential 3
Yes L3.Durable Flooring t
TBD L4.Themrai Mass Floorin 1
Yes M1.ENERGY STAR®Dishwasher 1
TBD M2.CEE-Rated Clothes Washer 1 2
TBD M3.Size-Efficient ENERGY STAR Refrigerator 2
M4.Permanent Centers for Waste Reduction Strategies
TBD M4.1 Built In Recycling Center 1
TBD M4.2 Built-In Composing Center 1
M5.Lighting Efficiency
TBD M5.1 High-Efficacy Lighting 2
TBD M5.2 Lighting System Designed to IESNA Footcandle Standards or Designed by
Lighting Consultant 2
N1.Smart Development
Yes N1.1 Infill Site 2 1 1
TBD N1.2 Designated Brownfield Site 1 1
>15 N1.3 Conserve Resources by Increasing Density 1 2 2
TBD N1.4 Cluster Homes for Land Preservation 1 1
N1.5 Home Size Efficiency 0 9
2989 Enter the area of the home,in square feet
4 Enter the number of bedrooms
Yes N2.Home)s)/Development Located Within 112 M ile of a Major Transit Stop 2 2
N3.Pedestrian and Bicycle Access
N3.1 Pedestrian Access to Services Within 1/2 Mile of Community Services 2
Enter the number of Tier 1 services
Enter the number of Tier 2 services
Yes N3.2 Connection to Pedestrian Pathways 1 1
TBD N3.3 Tratfic Calming Strategies 2
N4.Outdoor Gathering Places
TBD N4.1 Public or Semi-Public Outdoor Gathering Places for Residents 1
,BD N4.2 Public Outdoor Gathering Places with Direct Access to Tier 1 Community
Services 1
N5.Social Interaction
TBD NSA Residence Entries with Views to Callers 1
Yes N5.2 Entrances Visible from Street and/or Other Front Doors 1
TBD N5.3 Porches Oriented to Street and Public Space 1
Yes N5.4 Social Gathering Space 1
N6.Passive Solar Design
TBD N6.1 Heating Load 2
TBD N6.2 Cooling Load 2
N7.Adaptable Building
TBD N7.1 Universal Design Principles in Units 1 1
TBD N7.2 Full-F.... Independent Rental Unit 1
Yes 01.GreenPoint Rated Checklist in Blueprints R R R R R
No 02.Pre-Construction Kickoff Meeting with Rater and Subcontrac tors 0.5
TBD 03.Orientation and Training to Occupants--Conduct Educational Walkthroughs 0.5 005 0.5 0.5
TBD 04.Builder's or Developer's Management Staff are Certified Green Building
Professionals 0.5 0.5 0.5 0.5
TBD 05.Home System Monitors 1 1
06.Green Building Education
TBD 06.1 Marketing Green Building 2
_ TBD 06.2 Green Building Signage 0.5 0.5 R
Yes 07.Green Appraisal Addendum R R R R
O8.Detailed Durabif Plan and Third-Parry Verification of Plan Ira lementaticm 1-IF INN
TBD �gEnter Innovation 1 description here.Enter up to four points at right. °---
TBD Enter Innovation 2 description here.Enter up t0 four points at right.
TBD Enter Innovation 3 description here.Enter up to four points at right.
TBD (Enter Innovation 4 description here.Enter up to four points at right.
Total Available PoiMS in Specific Categories 342 26 131 54 83 48
Minimum Points Re wired in S eiTc Cate ones 50 2 25 6 s s
Total Points Targeted 71.3 I 18.8 13.0 12.5 11.0
Draft GreenPoint Rated New Home Single Family Checklist Version 6.0
STAFF REPORT
82 PLANNING COMMISSION
DATE: June 10, 2014
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PLPA 2013-00002 — Heritage Park General
Plan/Dublin Village Historic Area Specific Plan Amendments, Planned
Development rezoning with a related Stage 1 and Stage 2 Development
Plan, Site Development Review, Parcel Map 10259, Vesting Tentative
Subdivision Map-Tract 8160, Environmental Impact Report, and
Development Agreement for a 6.6-acre site
Report prepared by Mike Porto, Consulting Planner
EXECUTIVE SUMMARY: The requested project is for the demolition of a 110,000 square foot
office complex and reparcelization of a 6.6-acre site for the development of 54 small lot, single-
family detached homes and a 14,000 square foot, two-story office building. The Project Site
currently is designated Retail/Office under the General Plan/Dublin Village Historic Area Specific
Plan and zoned Planned Development. Approximately 5.94 acres would be redesignated as
Medium Density Residential, and .61 acres would be reserved for the office building. The Site
Development Review addresses both the proposed office building and residential component,
and Vesting Tentative Map 8160 would subdivide the 5.94 acre area for the 54 units and an
internal circulation system. Overall residential density would be approximately 9.09 units per
acre. Five floor plans are proposed and would range in size from 2,012 square feet to 3,167
square feet. The three smallest plans would be available in three architectural styles with the
two largest plans available in two.
RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff
presentation; 2) Open the Public Hearing; 3) Take testimony from the Applicant and the public;
4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the
City Council certify an Environmental Impact Report and Adopt CEQA mitigation findings and a
Mitigation Monitoring and Reporting Program for the Heritage Park project; 6) Adopt a
Resolution recommending that the City Council adopt a Resolution approving General Plan and
Dublin Village Historic Area Specific Plan Amendments for the Heritage Park project; 7) Adopt a
Resolution recommending that the City Council adopt an Ordinance rezoning the Heritage Park
project site to PD-Planned Development and approving a related Stage 1 and Stage 2
Development Plan; 8) Adopt a Resolution recommending City Council adopt a resolution
approving a Site Development Review, Parcel Map 10259 and Vesting Tentative Subdivision
Tract Map 8160; and 9) Adopt a Resolution recommending that the City Council adopt an
Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer
Ventures for the ' ritage Perk project.
Submitted By Reviewed By
Consulting Planner Assistant Community Development Director
COPIES TO: Applicant Item 8.2
File
Page 1 of 15
G.\PA\2013\PLPA-2013-00002 Heritage Park Office GPA\PC Mtg 6.10.14\PCSR_Heritage_Par1k_6_10_14.doc
PROJECT DESCRIPTION:
Project Site
Heritage Park is located in the southeasterly portion of the Dublin Village Historic Area Specific
Plan (DVHASP) area north of Interstate Highway 580, south of Dublin Boulevard, east of Donlon
Way, and west of San Ramon Road (APN 941-1550-005-03) as shown on the vicinity map
below:
rd
l
' SITE
,
VICINITY MAP
The current General Plan and DVHASP designation is Retail/Office. The project site is located
in the Historic Overlay Zoning District and Planned Development Zoning. The project site
currently is developed with a two-story walk-up garden office complex of approximately 110,000
square feet built between 1978 and 1981 . The project site generally is flat with a gradual slope
and drainage towards the east/southeast of the site. A number of large trees, some planted at
the time of the site's initial development, are located on the site that are considered Heritage
Trees and subject to the City's Heritage Tree Ordinance regarding preservation or removal. The
Calaveras Fault runs under the project site from the northeast to the southwest.
The existing office buildings and site improvements will be demolished.
Adjacent and Surrounding Land Uses:
Uses surrounding the proposed Heritage Park Project site include:
• To the north — The three properties along Dublin Boulevard include: A gas station at the
corner of Dublin Boulevard and San Ramon Road; Frankie, Johnnie and Luigi's Italian
restaurant, which shares reciprocal access with the project site, and the historic Green
Store building currently used as a church which also shares reciprocal access.
• To the south —CalTrans right-of-way associated with the westbound 1-580 on-ramp from
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San Ramon Road and drainage channel associated with the drainage of Dublin Creek.
• To the east — San Ramon Road.
• To the west — Donlon Way and the Dublin Historic Center and Park.
Current Request
The current request for the proposed Heritage Park project includes:
• General Plan/Specific Plan Amendment — To change 5.94 acres from Retail/Office
(RO) to Medium Density Residential (MDR) (6.1 to 14.0 units per acre); .61 acres would
remain RO.
• Planned Development Rezoning —Planned Development Rezone with related Stage 1
and Stage 2 Develop Plan.
• Site Development Review — To construct a 14,000 square foot office building with
related site improvements, and a 54-unit neighborhood of single-family detached homes.
• Subdivisions - 1) Parcel Map 10259 to allow the separation of properties for
development of residential and commercial uses, and 2) Vesting Tentative Subdivision
Tract Map 8160 to allow the subdivision of 54 lots.
• Development Agreement — between the City of Dublin and Bates Stringer Ventures for
the Heritage Park Project.
• Environmental Impact Report - The Heritage Park EIR analyzed the environmental
impacts of the Project, including the proposed demolition and redevelopment to office
and residential uses.
ANALYSIS:
General Plan & Dublin Village Historic Area Specific Plan Amendment
The Applicant proposes to amend the General Plan and Specific Plan land uses as follows:
TABLE 1: General Plan/Specific Plan Land Uses
Existing Proposed
Use acres acres
RO Retail/Office 6.57 .61
MDR Medium Density Residential 0 5.94
Total 6.55 6.55
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The existing and proposed General Plan and Specific Plan land use designations are shown on
the Land Use map, below:
EXISTING LAND USE PROPOSED LAND USE
sp"t
Ran 2r - •' e+ �v
Y y �yAY
band
Project Site qq Project Site
T71 X
_ tsll'!
w r
L.
General Plan and Specific Plan Land Use Designations
The requested amendments to the General Plan and DVHASP would require adjustments to
various figures, texts, and tables in the General Plan and DVHASP to ensure consistency
throughout the documents. A Resolution recommending City Council approval of a General
Plan and DVHASP Amendment is included as Attachment 1 with the City Council Ordinance
included as Exhibit A.
Planned Development Zoning
The requested action is a Planned Development (PD) rezone with a related Stage 1 and Stage
2 Development Plan. The PD Rezoning addresses the plan currently proposed for 54 single-
family detached units and a 14,000 square foot office building.
The proposed Stage 1 and Stage 2 Development Plan includes the following. Please refer to
Attachment 2, Exhibit A for the complete Stage 1 and 2 Development Plan.
1. A list of permitted, conditional and accessory uses
2. Site plan
3. Development densities by land use
4. Phasing Plan
5. Master Landscape Plan
6. Grading
7. Development Regulations/Standards
8. Architectural Design Standards
9. Landscape Design Standards
10. Inclusionary Zoning Regulations
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A Resolution recommending that the City Council adopt an Ordinance approving the Planned
Development Rezone with related Stage 1 and Stage 2 Development Plan for the Heritage Park
project is included as Attachment 2, with the City Council Ordinance included as an Exhibit A.
SITE DEVELOPMENT REVIEW
The Applicant requests approval to construct a 14,000 square foot office building, 54 single-
family detached homes and related site improvements. The following is a discussion of the
commercial and residential project components. The project plans are included as Attachment
3.
Commercial Parcel
The .61 acre area to remain as Retail Office (RO) will be located at the northwesterly corner of
the project site separate from the residential development. Development of the site is proposed
as a 14,000 square foot, 2-story office building with an on-site parking area.
A beneficial addition and highlight to the historical and cultural character of the project area is
the relocation of the Challenge Dairy Products headquarters which will consolidate and relocate
from a portion of the existing Heritage Park Office building to the proposed building to be
constructed for their use. The Challenge Dairy Products, established in 1911, has a long history
with the Dublin community. The two-story office building has been designed to fit into the rural
context of the adjacent Historic Center and Kolb Farm Craftsman house. The presence and
operations of this company will contribute to the historic character of this district.
Site Layout
The commercial site would have approximately 86 feet of frontage along Donlon Way. The
parking area for this commercial site would be accessible from reciprocal access easements
with the adjacent church and restaurant properties along the northerly boundary of the project
site (Attachment 3, Page TM04). Reciprocal access has been utilized for these properties since
development of the existing office project improvements.
The parking area for the proposed commercial building would be shared with the two adjacent
properties located north of the project site (Church of Christ and the Frankie, Johnnie and Luigi's
restaurant) adjacent to Dublin Boulevard. There is an existing shared parking agreement
between the Heritage Office complex, Frankie, Johnny and Luigi's restaurant and the Church of
Christ to share the currently established parking spaces and access aisles
In conjunction with the proposed project, circulation improvements would be made to the three
adjoining properties which currently sharing reciprocal access with the Heritage Park
commercial site. Those new improvements would include new parking lot pavement between
the restaurant and church, new driveway aprons on Donlon Way and Dublin Boulevard, and
parking lot landscaping. No other improvements are proposed for Dublin Boulevard or San
Ramon Road.
As a shared parking agreement already exists between the three properties the Applicant
updated the plan for the proposed reconfiguration of the access and number of parking stalls.
This analysis was reviewed by the City Traffic Engineer and was found to be adequate to
address the uses currently proposed due to the countercyclical days and hours of operation.
The analysis is included as Attachment 4.
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Attachment 3, Sheet L-1.0 of the Landscape plans shows the parking areas. A parking study
was prepared for the Heritage Park project which was reviewed and approved by the City's
Traffic Engineer. It indicated that a shared parking arrangement could be supported through a
shared parking agreement to achieve required parking counts during peak hours of operation. A
shared parking agreement will be required as a Condition of Approval.
Architecture
The low porch roof modulates the scale of the building, and the higher gable roof elements
serve as accents on the building elevations. The building entry would be oriented toward the
north side of the building and would be accented with a gable end vent detail and a lattice trellis
with flowering vines. The building would have conference areas, and an outdoor patio wraps its
northwesterly corner. Windows would be multi-paned in keeping with the Craftsman elements.
Building materials include a combination of vertical board and batten siding, shingle siding,
wood trim, and a river rock stone veneer base creating a strong connection to the ground. The
building design, colors and materials are compatible with the architectural style and conform to
the Design Guidelines of the DVHASP. All signage would remain subject to the City's Sign
Ordinance. Please refer to Attachment 3, Architectural Plans — Office, Pages AO-A3 and CB.
Landscape
A portion of the existing church/restaurant site is to be disturbed to create additional drive aisles,
parking and water quality elements. This area, in addition to the area surrounding the proposed
office building, will be heavily landscaped. A building setback from Donlon Way will provide a
significant amount of buffering trees and plant material. New accent trees will be planted
throughout the commercial/church/restaurant area, further embracing the overall landscape
pallet. Please refer to Attachment 3, Landscape Plans, Page L-1.2.
Residential
Access & Circulation
The Heritage Park residential area would be accessible from a private street off Donlon Way
shown on the plans as Street A. The circulation system generally loops through the site also to
include Streets B, C, D, and E.
Site Layout/Plotting
The homes are arranged as a traditional neighborhood with front entries oriented towards the
street and two-car garage access facing the street in front. A row of seven homes with the
largest lots and the largest floor plans faces Donlon Way and the Historic Park and Heritage
Center. In order to blend with the Historic structures in the Park across the Street, the Applicant
chose to provide larger wider homes fronting Donlon Way to further enhance the historic look of
the area and to comply with design parameters in the Dublin Village Historic Area Specific Plan.
The homes have garages set further back from the sidewalk. The architecture of these homes
are commensurate with the style of home built in a more historic setting and significant
landscape features such as unique sidewalks, embellished driveway detail, fences and
landscape patterns have all been utilized to further enhance the historic character of the area.
The project has been laid out with specific floor plans plotted for each lot based on lot size and
maximum coverage requirements. Plans 1, 2, and 3 make up the majority of the project and are
all located off Donlon Way but incorporate much of the historic detail embodied on the larger
homes fronting Donlon Way.
Seismic - As stated above, a geologic feature generally known as the Calaveras Fault has been
identified as running under the project site from the northeast to the southwest. Street C within
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the proposed Heritage Park project generally provides a 25-foot seismic setback on either side
of the fault line. Detailed analysis, borings, trenching and calculations were prepared and
reviewed by the Public Works Department and their geological consultants who ultimately
determined that a 25 foot set back from the fault was appropriate. The Building Official also
reviewed all of this data and agreed with the findings. Specific Conditions of Approval have
been applied to this project to address the fault line (See Attachment 5, Exhibit A, Conditions of
Approval #44, 83 and 84).
Landscaping/Streetscape Plan
Landscaping - In addition to the classic American architectural styles, this neighborhood is
intended to project a traditional single family residential neighborhood by taking advantage of
the adjacent park and cultural center, historical buildings, and heritage trees. The landscaping
is generous and has been designed to be compatible and complement the architecture as to
theme and character of the residential structures. In addition to the stone clad entry pilaster,
plantings and hardscape elements are used to create neighborhood identification and an
attractive community facade. The driveway entry would be improved with enhanced paving
materials.
The overall landscape concept and planting plan is shown on Attachment 3, Sheets L-1.0 and L-
1.1 along with the proposed palette of trees and shrubs. All project streets, perimeter sidewalks,
interior sidewalks, paths, and common areas are shaded and enhanced by trees and plantings.
Each lot would be provided with a street tree. The bio-retention areas along the southerly
boundary of the site would be screened with vegetation.
Pedestrian circulation is accommodated by a system of sidewalks on both sides of the streets
separated from the curb by a landscaped strip. This configuration by is recommended and
complies with the streetscape design for the DVHASP.
The landscape plans have been prepared to reflect the building footprint of each floor plan. In
addition to the overall landscape plan for the neighborhood, a typical landscape/site plan is
provided for both interior and corner lots for each of the floor plans. The landscaping for the
parkways and the individual lots will be required to conform to the City Water Efficient
Landscape Ordinance.
The Landscape Plans also indicate the type and styles of walls and fencing that will be used
within the project. Low fences with wooden gates would be used along the Donlon Way
frontage. Styles are shown on Attachment 3, Sheet L-5 and include: a) decorative wooden
fence with wood post and concrete caps, b) brick pilasters with picket gate and fence, and c)
brick pilaster with wooden picket gate and hedge. Trellis over the entry walk or driveway are
proposed for those lots facing the park. A sound attenuation wall would be constructed for the
rear of those properties abutting the CalTrans right-of-way where access is not needed with
vines planted to deter graffiti.
Tot Lot — A tot lot of approximately 1,860 square feet is shown as an amenity within an area
adjacent to the guest parking located at the northerly edge of the project site abutting the
adjacent restaurant use along Dublin Boulevard. (See Attachment 5, Exhibit A, Condition of
Approval No. 18 and Attachment 3, Alternative Site Plan with Tot Lot, TM08).
Streetscape — Streetscape improvements generally are addressed in the landscape plans. New
improvements to Donlon Way would remove the existing meandering sidewalk and replace all
frontage improvements with those reflecting the streetscape design and character adopted for
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the DVHASP area including a wider parkway, landscaping, bulb out to accept larger trees, and
lighting.
The existing black walnut trees along Donlon Way are in poor condition, heavily pruned in an
effort to keep their limbs from interfering with the overhead utility lines (which will be
undergrounded with this project) and are nearing the end of their useful life. The City's arborist
evaluated these trees and determined that the majority were not of sufficient quality to keep.
However, to mitigate the loss of these trees, the Applicant will make a contribution of $19,000
toward the Orchard in the adjacent Heritage Park. (See Attachment 5, Exhibit A, Condition of
Approval No. 16). This figure was based on the arborists estimate as to the trees' value.
Additionally, with concurrence from Public Works, the Applicant is proposing to create bulb outs
into Donlon Way to provide larger planting areas sized to accommodate larger specimen trees.
(See Attachment 3, Landscape Tab, Sheet L-2). This larger area and the larger trees will
provide more of a look representative of a project that has been in existence for some time,
rather than a new development. This will blend better with the historic nature of the area. The
larger planning area will also allow for a better chance for the trees long term survival.
Heritage Trees - A number of large mature trees have been identified on the project site and
adjacent properties. The proposed project would remove 107 trees, 16 of which are identified as
Heritage trees. Thirty trees (30) would be preserved including three Heritage trees all located
along the perimeter of the project site.
Tree removal is necessary to add additional dirt to the site in order to accomplish proper slope
for gravity sewers (DSRSD does not allow pump stations) and proper storm drainage. The on-
site trees to be removed cannot be retained due to the need to add additional dirt to the site.
A number of Heritage tees and non-Heritage trees on the adjacent restaurant and church site
will be preserved regardless of the proposed parking lot improvements for reciprocal access and
parking areas. The table on Sheet TM03 of the project plans (Attachment 3) shows the
removal of trees from the project. Compliance with the Heritage tree retention and removal
program is included as Condition of Approval No. 16. Upon approval of this project, the
Applicant would apply for a Heritage Tree Removal Permit in accordance with the requirements
of the Heritage Tree Ordinance.
Architecture
Styles/Elevations
Residential - As a concept, the proposed architectural design for all products is based on
influences to historic American styles. The proposed architectural styles proposed styles are:
(A) Craftsman, (B) American Traditional (Foursquare), (C) Cottage, and (D) American
Farmhouse, (E) American Fourquare.
• For Plans 1, 2, and 3, the elevations styles are: (A) Craftsman, (B) Traditional, and
(C) Cottage.
• For Plan 4, the elevation styles are: (C) Cottage and (D) American Farmhouse.
• For Plan 5, the elevation styles are: (A) Craftsman and (E) American Foursquare
Each style is identified and described with standards for elements such as: 1) roofs, 2) exterior
finishes, 3) windows and doors, 4) trim, and 5) accent elements. Roll-up garage doors would be
installed specific to each style and coordinated with each color scheme. Each style generally is
described as follows:
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(A) Craftsman — This style is evident in the area with the buildings within the historic park.
Based on the plotting plan, approximately 18, or one third of the units, would be built in
the Craftsman style. Four color and materials schemes (1 — 4) would be available for this
style. This style features low pitch gable roofs with gable end_ details in the form of
vertical or horizontal siding. Exterior materials are stucco on the lower levels with a brick
stone clad base. Second levels are finished with exterior shingles. Deep front porches
are supported with brick or stone-clad columns or tapered cylinders with simple capitals
on a brick or stone base for Plan 5. Windows are grouped, and both windows and doors
feature heavy trims with multiple glass panes within the upper portions. Corbels and
wood trim accent the eaves.
(B) Traditional - Roof forms are steeper pitched in hip or gable forms. Exterior materials
are stucco on the ground level with horizontal lapsiding on the upper level. Elements are
vertical with square columns, thinly louvered porch and balcony railings, and windows
flanked by shutters. Louvered vents are used to embellish gable ends. Windows have
multiple panes in the upper portions. For Plan 5, the Traditional style is described as
Foursquare with narrower columns, symmetrical window panes, narrow vertical wooden
railings, and an accent dormer. Three color schemes (5- 8) would be available which
would be shared among the American Traditional (Foursquare), and Farmhouse styles.
Approximately 18, or one third of the units, would be built in the Traditional or Foursquare
style.
(C) Cottage — This style features steeply pitched roofs in hip form or gable
enhancements. Gables would be embellished with simple gable end vents. Exterior
material primarily is stucco. Railings are wooden with cookie-cutter details. Windows
grouped in twos or threes and are accented with heavy trim and pot shelves supported
with corbels. Accent windows may be round, and doorways may be arched or enhanced
with sculpted trim. A bay window with wood paneled base and metal roof over the
projection are featured on Plan 3. Two color schemes (9 and 10) would be available for
this style. Approximately 16 units or 30% would be built in this style.
(D) American Farmhouse — This style is identified by simple gable roof forms. Gable end
vents are simple and vertical. Exterior materials are lapsiding with brick accents.
Porches feature narrow wooden columns and wooden railings. Windows are singular
with symmetrical panes. This style is available only for Plan 4 which features a bay
window with a brick—clad base and metal roof over the projection. Only two lots are
plotted with this Plan and style.
(E) American Foursquare - Roof forms are lower pitched in hip forms. Exterior materials
are horizontal lapsiding. Elements are vertical with square columns, thinly louvered
porch and balcony railings, and windows flanked by shutters. Windows have multiple
panes in the upper portions. For Plan 5, the Traditional style is described as Foursquare
with narrower columns, symmetrical window panes, narrow vertical wooden railings, and
an accent dormer. Three color schemes (5- 8) would be available
All elevations visible from the public right-of-way would be enhanced.
Floor Plans
Each home is two stories. Floor plans are offered as a three or four-bedroom unit with a
number of options for increasing the bedroom count per plan. The ground floor of each unit is
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arranged as a "great room" with open living and kitchen areas. Plans 3, 4, and 5 have dining
areas integrated into the `great room.' All kitchens have an island, and all but Plan 5 have a
walk-in pantry. Plans 1 , 2, and 3 may be built with an optional California Room described as an
outdoor room with finish surfaces and fireplace. At a minimum, each plan is provided with a
ground floor powder room. All plans, except for Plan 1, provide (or provide an option) for a
ground floor bedroom with adjacent full bathroom. Plans 1, 2 and 3 offer an optional fireplace in
the great room. All plans have a covered front porch.
On the second floor, each unit has at least 3 bedrooms and 2 bathrooms, including a master
bedroom with en suite bathroom and at least one walk-in closet. Each Master bathroom has
dual basins, separate water closet, and separate tub and shower. With exception of Plan 5, all
laundry rooms are on the second floor, and all laundry rooms (except for Plan 1) are equipped
with a wash basin.
Each unit is provided with a 2-car street-facing garage. Plan 5 has a third enclosed space
provided in a tandem arrangement within the garage.
All floor plans offer a Universal Design Ordinance (UDO - handicapped accessible) option.
Floor plan details are shown in Table 3, below.
TABLE 3: Floor Plans
Plan Square Feet Bedrooms Bathrooms Parking Elevations Stories Units
No.
1 2,012 sf 3 + 1 2'/z 2 A, B, & C 2 19 35%
2 2,438 sf 4 + 1 2'h or 3 2 A, B, & C 2 13 24%
3 2,676 sf 4 + 1 3 2 A, B, & C 2 15 28%
4 3,102 sf (bonus) 3'/2 2 C & D 2 3 6%
3 + 1 + 1
5 3,167 sf (bonus & 2'/z +1 3 A & E 2 4 7%
library)
Total 54 100%
Elevations: (A) Craftsman, (B) Traditional , (C) Cottage, and (D) American Farmhouse, (E) American
Foursquare.
In addition to the features described above, the floor plans are described as follows:
Plan 1 — Plan 1 is a 3-bedroom unit with an optional fourth bedroom/den, it is the smallest
at 2,012 square feet. In addition to the 2 full bathrooms on the second floor, the ground
floor has a powder room or half bathroom. Plan 1 would be constructed on nineteen lots,
or 35%, of the Heritage Park project. Plan 1 is available in three architectural styles and
would be situated on the smallest lots.
Plan 2 — Plan 2 is 2,438 square feet with 4 bedrooms and a downstairs den off of the
entry which optionally may be built out as a fifth bedroom with a full bathroom nearby. A
small study/tech area is located near the second floor landing, and the master bedroom
would have access to a deck. Thirteen units, or 24% of the lots, would be built with Plan
2 on the intermediate lot size along with Plan 3.
Plan 3 — Plan 3 is a 4-bedroom unit with an optional fifth bedroom/loft within 2,676 square
feet. A large linen closet is located on the second floor and the master suite provides two
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walk-in closets. A full bathroom is located on the ground floor near a den that may be
built out optionally as a fifth bedroom. Fifteen units, or 28%, would be built with Plan 3 on
lots comparable in size to Plan 2.
Plan 4 — Plans 4 and 5 are the larger units on the larger lots overlooking Donlon Way and
the Dublin Historic Center. Plan 4 is 3,102 square feet. The second level bonus room
may be built out as a fifth bedroom. The California Room would not be available to Plans
4 and 5. Three of the 7 lots facing Donlon Way would be built as Plan 4 in one of two
architectural styles.
Plan 5 — Is the largest at 3,167 square feet and, along with Plan 4, would be oriented
towards the park. Plan 3 offers a third tandem parking space in the garage. This
additional garage area would not have build-out options. However, a downstairs library
may be built out as a fourth bedroom with a full bathroom nearby, and an upstairs bonus
room may become a fifth bedroom. Plan 5 is laid out with a formal dining area and a
butler's pantry. Bedrooms 2 and 3 upstairs each have a walk-in closet and the master
suite has two.
Parking - As with most single-family detached projects, each unit requires two enclosed parking
spaces per unit with one guest space per unit that may be provided curbside on the driveway or
in dedicated parking areas. Based on this standard, the residential parking required for the
Heritage Park project would be 324 spaces. The enclosed parking requirement is satisfied by
the two-car garages provided with each unit for a total of 108 enclosed parking spaces. Guest
space parking is satisfied in driveways (where permitted), curbside along internal streets,
perpendicular parking in dedicated areas (9 spaces) and along Donlon Way. The location of
parking provided is shown on Attachment 3, Sheet TM04.
A Resolution recommending that the City Council adopt a Resolution approving the Site
Development Review is included as Attachment 5.
Affordable Housing/Inclusionary Zoning — The proposed Heritage Park project would be
subject to Chapter 8.68 of the Zoning Ordinance, Inclusionary Zoning regulations, which
requires 12.5% of the units constructed to be provided as affordable or requires payment of an
in-lieu fee. The Applicant has proposed to pay an in-lieu fee and that requirement is
documented in Attachment 5, Exhibit A, Condition of Approval #15.
Public Art Compliance — The proposed project is subject to a Public Art Compliance Report
The Public Art Compliance Report and its findings will determine the trigger point by which this
project complies with or is exempt from the Public Art program which typically would be satisfied
by a public art installation or payment of in-lieu fees. An appropriate Condition of Approval has
been included. (See Attachment 5, Exhibit A, Condition of Approval #14).
Parcel Map
Parcel Map 10259 is necessary to create a parcel for the commercial component of the project
and for phasing and sale and leasing purposes only. The Parcel Map would be subject to
Conditions of Approval, and the 6.6 acre site initially would be subdivided as follows:
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TABLE 4: PARCEL MAP
Parcel Acreage
A .43
B .19
C 2.98
D 3.00
Total 6.6
Vesting Tentative Tract Map
The Vesting Tentative Tract Map (See Attachment 3, Tentative Tract map tab, Sheet TM01)
proposes to subdivide the 6.6 acre property into the 54 residential lots, the one commercial retail
lot for Challenge Butter as well as various lots for parking, landscaping, Bio-Retention and AT&T
access to an existing facility behind the Shell Gas Station.
Conditions of Approval are included in the Resolution recommending approval (Attachment 5,
Exhibit A). All utilities are available at the property line. All perimeter streets and right-of-way
already have been dedicated, and perimeter streets have been improved. Perimeter sidewalks
and landscaping would be constructed as part of this project.
DEVELOPMENT AGREEMENT
California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code
(hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of
real property with any person having a legal or equitable interest in such property in order to
obtain certain commitments and establish certain development rights for the property. The
proposed Development Agreement addresses the entire 6.6-acre Heritage Park Project.
Development Agreements are approved by an Ordinance of the City Council upon
recommendation by the Planning Commission. The proposed Development Agreement was
drafted with input from City Staff, the project Applicant, property owner, and the City Attorney
based on the standard Development Agreements prepared by the City Attorney and adopted by
the City Council.
The Development Agreement provides security to the developer that the City will not change its
zoning and other laws applicable to the project. The Development Agreement becomes
effective for a term of five (5) years from the date of approval by the City Council. The City also
benefits from entering into the Development Agreement with the property owner. The Applicant
has offered a Community Benefit Payment of $6,000/unit for a total of $324,000 payable on or
before the recordation of the first final subdivision map for the Project creating the residential
lots. The Community Benefit Payment will be applied to future investment and development of
the City's heritage assets, including but not limited to the Heritage Park and Museums site.
The Agreement is a contract that establishes obligations for both parties. In order to ensure
that the City receives the community benefit payment under the Agreement, the Project
Approvals will not take effect until the Agreement takes effect and is recorded on the Heritage
Park Project.
A Resolution recommending that the City Council adopt an Ordinance approving a Development
Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park project
is included as Attachment 6, with the Ordinance included as Exhibit A and the Development
Agreement included as Exhibit B.
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CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE
The proposed amendments to the General Plan and the Dublin Village Historic Area Specific
Plan reflect land uses that are compatible with preservation and restoration of the historic
character of the area. The proposed commercial use is intended to serve as the headquarters
of a use with a long-standing historic connection to the City of Dublin. The proposed project will
contribute to housing opportunities and diversity of product type as a complement to the
surrounding neighborhoods. The proposed Stage 1 Planned Development rezoning and
proposed Stage 2 Development Plan would be consistent with the requested land use
amendments.
The proposed project has been reviewed for conformance with the Community Design and
Sustainability Element of the General Plan and the Dublin Village Historic Area Specific Plan.
The project has been designed to be compatible with adjacent and surrounding development via
architectural elevations, site planning and design details and integration with the Historic Park.
The Applicant intends to exceed the City of Dublin Green Building Ordinance and will exceed
the 50 point threshold in the City's program. In general, the proposed project furthers the goals
of the Community Design and Sustainability Element of the General Plan by providing a high
quality of life and preserving resources and opportunities for future generations.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services
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 Resolution approving Site
Development Review and Subdivisions.
ENVIRONMENTAL REVIEW:
The Project is located in the Dublin Village Historic Area Specific Plan area for which a Mitigated
Negative Declaration was adopted on August 1, 2006 by Resolution No. 149-06. The previous
environmental analysis was updated for the Project through a project- and site-specific Heritage
Park Environmental Impact Report ("EIR", SCH # 2013092043). The Heritage Park EIR
analyzed the environmental impacts of the Project, including the proposed demolition and
redevelopment to office and residential uses and was circulated for a 45-day public review and
comment period. Given the proximity of the Project to the Dublin Historic Park, aesthetics and
cultural resources impacts were a particular focus of the EIR. A number of potential impacts
were identified, most of which can be mitigated to less than significant. No significant
unavoidable impacts were identified in the EIR. Following the public review period, the City
prepared a Final EIR containing written responses to all comments received during the public
review period, which responses provide the City's good faith, reasoned analysis of the
environmental issues raised by the commenters. The Final EIR, which includes the Draft EIR
and written responses to comments, is incorporated herein by reference and is available for
review in the Planning Division at City Hall during normal business hours.
A Resolution recommending that the City Council certify an Environmental Impact Report and
Adopt CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the
Heritage Park project is included as Attachment 7 with the Draft and Final EIR included as
Exhibit A and B.
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PUBLIC NOTICING:
In accordance with State law, a public notice was mailed to all property owners and occupants
within 300 feet of the proposed project to advertise the project and the upcoming public hearing.
A public notice also was published in the Valley Times and posted at several locations
throughout the City. A copy of this Staff Report has been provided to the Applicant.
ATTACHMENTS: 1. Resolution recommending City Council approval of General
Plan and Dublin Village Historic Area Specific Plan
Amendments for the Heritage Park project, with City Council
Resolution attached as Exhibit A.
2. Resolution recommending that the City Council adopt an
Ordinance rezoning the Heritage Park project site to PD-
Planned Development and approving a related Stage 1 and
Stage 2 Development Plan, with Ordinance attached as
Exhibit A.
3. Applicant's submittal package dated May 7, 2014
4. Shared Parking Analysis for Heritage Park
office/Church/Restaurant Uses by TJKM, Dated September 9,
2013,
5. Resolution recommending that the City Council adopt a
Resolution approving a Site Development Review Permit,
Parcel Map and Vesting Tentative Subdivision Tract Map 8160
for the Heritage Park Project, with the City Council Resolution
included as Exhibit A.
6. Resolution recommending that the City Council adopt an
Ordinance approving a Development Agreement between the
City of Dublin and Bates Stringer Ventures for the Heritage
Park project, with the Ordinance attached as Exhibit A.
7. Resolution recommending that the City Council certify an
Environmental impact Report and adopt CEQA Mitigation
Findings and a Mitigation Monitoring and Reporting Program
for the Heritage Park Project with the City Council Resolution
included as Exhibit A.
14 of 15
GENERAL INFORMATION:
APPLICANT: The Stringer Company, on behalf of Bates Stringer Ventures
875 Orange Blossom Way
Danville, CA 94526
Attn: Scott Stringer
PROPERTY OWNER: Office Building: Cranbrook Realty Investment Fund, L.P.
4701 Sisk Road, #101, Modesto, CA 95656
Church: Tri-Valley Church of Christ, a California Non-
Profit Corp
Tim Bormann/Elder, Rob Liszt/Elder, Jay Wyant/Elder
11873 Dublin Blvd., Dublin, Ca. 94568
Restaurant: Frankie, Johnnie and Luigi Too!, a California
Limited Partnership
Frank P. D'Ambrosio/General Partner, John V.
D'Ambrosio/General Partner, Donald D.
D'Ambrosio/General Partner
1282 Hammerwood Ave., Sunnyvale, Ca. 94089
LOCATION: 11875 Dublin Boulevard - The project is located north of
Interstate Highway 580, south of Dublin Boulevard, east of
Donlon Way, and west of San Ramon Road
(APN 941-1550-005-03)
ZONING: Existin — PD and Historic Overlay
Proposed— PD-Medium-High Density Residential, PD-
Retail/Office and Historic Overlay
GENERAL PLAN & DUBLIN
HISTORIC AREA SPECIFIC PLAN: Existin — Retail/Office (RO)
Proposed— Medium Density Residential (MDR) and
Retail/Office (R/O)
SURROUNDING USES:
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF
PROPERTY
Retail/Office and Gas Station, Restaurant,
North C-1 Parks/Public Recreation AT&T facility, and Historic
and PD (south side of Dublin Boulevard) Building used as Church
Vacant - drainage channel and
South C-1 Retail/Office 1-580 right-of-way
Downtown Dublin Transit Oriented
East DDZD (Zoning) District/West Dublin Office/Commercial
BART Specific Plan Area
(across San Ramon Road)
West PD Parks/Public Recreation Park, Heritage Center, and
(across Donlon Way) Museum with Historic Buildings
15 of 15
RESOLUTION NO. 14-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING
GENERAL PLAN AND DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN AMENDMENTS
FOR THE HERITAGE PARK PROJECT
PLPA-2013-00002
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing
110,000 square foot office complex and develop 54 small-lot single-family homes and a two-
story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic
Area Specific Plan ("Specific Plan") area. The project proposes a General Plan and Specific
Plan Amendment to change the land use designations on a 5.85 acre portion of the site from
Retail/Office (RO) to Medium Density Residential (MDR), and proposes a PD-Planned
Development rezoning with related Stage 1 and Stage 2 Development Plan, Site Development
Review, Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The
proposed development and applications are collectively known as the "Project"; and
WHEREAS, the Project site is located at 11875 Dublin Boulevard, west of San Ramon
Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; 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. To comply with CEQA,
the City prepared an Environmental Impact Report (EIR) for the Project; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Project, including the proposed General Plan and Specific Plan amendments, on June 10, 2014,
at which time all interested parties had the opportunity to be heard; and
WHEREAS, a Staff Report, dated June 10, 2014 and incorporated herein by reference,
described and analyzed the Project, including the General Plan and Specific Plan amendments,
for the Planning Commission; and
WHEREAS, the Planning Commission reviewed and considered the Final EIR and all
reports, recommendations and testimony prior to making its recommendation 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 Planning Commission hereby recommends that
the City Council adopt a Resolution approving General Plan and Specific Plan amendments for
the Heritage Park project, which resolution is attached as Exhibit A and incorporated herein by
reference.
1
ATTACHMENT 1
PASSED, APPROVED, AND ADOPTED this 10th day of June 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Planning Commission Chair
Assistant Community Development Director
2276790.1
2
RESOLUTION NO. XX-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE GENERAL PLAN AND DUBLIN VILLAGE HISTORIC AREA SPECIFIC
PLAN FOR THE HERITAGE PARK PROJECT
PLPA-2013-00002
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing
110,000 square foot office complex and develop 54 small lot single-family homes and a two-
story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic
Area Specific Plan ("Specific Plan") area. The project proposes a General Plan and Specific
Plan Amendment to change the land use designations on a 5.94 acre portion of the site from
Retail/Office (RO) to Medium Density Residential (MDR), and proposes a PD-Planned
Development rezoning with related Stage 1 and Stage 2 Development Plan, Site Development
Review, Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The
proposed development and applications are collectively known as the "Project"; and
WHEREAS, the Project site is located at 11875 Dublin Boulevard, west of San Ramon
Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; 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. To comply with CEQA,
the City prepared an Environmental Impact Report for the Project; and
WHEREAS, consistent with section 65352.3 of the California Government Code, the City
obtained a contact list of local Native American tribes from the Native American Heritage
Commission and notified the tribes on the contact list of the opportunity to consult with the City
on the proposed General Plan amendment. None of the contacted tribes requested a
consultation within the 90-day statutory consultation period and no further action is required
under section 65352.3; and
WHEREAS, on June 10, 2014, the Planning Commission adopted Resolution 14-XX
recommending that the City Council certify the Final EIR for the Project, which resolution is
incorporated herein by reference and available for review at City Hall during normal business
hours; and
WHEREAS, on June 10, 2014, the Planning Commission adopted Resolution 14-XX
recommending that the City Council approve the proposed General Plan and Specific Plan
Amendments, which Resolution is incorporated herein by reference and available for review at
City Hall during normal business hours; and
WHEREAS, a Staff Report, dated , 2014 and incorporated herein by reference,
described and analyzed the Project, including the General Plan and Specific Plan Amendments,
for the City Council; and
1 EXHIBIT A TO
ATTACHMENT 1
WHEREAS, the City Council held a properly noticed public hearing on the Project,
including the proposed General Plan and Specific Plan amendments, on , 2014 , at
which time all interested parties had the opportunity to be heard; and
WHEREAS, on , 2014 , the City Council adopted Resolution xx-14 certifying the
Heritage Park EIR and adopting CEQA mitigation findings and a Mitigation Monitoring and
Reporting Program for the Project; and
WHEREAS, the City Council considered the certified EIR and all above-referenced
reports, recommendations, and testimony prior to taking action 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 Council finds that the General Plan and
Specific Plan amendments, as set forth below, are in the public interest, will promote general
health, safety and welfare, and that the General Plan as amended will remain internally
consistent. The Project is consistent with the guiding and implementing policies of the General
Plan in each of its Elements and will allow for redevelopment of the site for office and residential
uses in a developed area and will be compatible with the adjacent Dublin Heritage Park and
Museums. The development of the project is consistent with the goals and policies of the
General Plan Elements. The General Plan Amendments noted below will ensure that the
implementation of the proposed project is in compliance with the General Plan and that each
element within the General Plan is internally consistent.
BE IT FURTHER RESOLVED that the City Council hereby adopts the following
amendments to the General Plan:
Figure 1-1 (Land Use exhibit) shall be amended for the project site as shown below to change
the land use designation on a 5.96 acre portion of the project from Retail/Office to Medium
Density Residential.
s i �` >. `• lam?
y �
V
zt
DUALIN VILLAGE NISTOPJC AREA SPECInC PLAN
PROPOSED GENERAL PLAN LAND USES
2
Table 2.1 (Land Use Development Potential: Primary Planning Area) shall be amended as
shown below (table footnotes not included):
Table 2.1 - LAND USE DEVELOPMENT POTENTIAL: PRIMARY PLANNING AREA
CLASSIFICATION ACRES INTENSITY UNI I ., ..., w..
RESIDENTIAL Acres Dwelling Dwelling Units Persons/ Population
Units/Acre Dwelling Unit
" Low Density Single 44.0 0.5-3.8 22-167 2.7 59-451
Family
1 Single Family 901.9 0.9-6.0 812-5,411 2.7 2,192-14,610
Medium Density 196.54 6.1-14.0 1,199-2,752 2.7 3,237-7,430
Medium-High 178.4 14.1-25.0 1,105-1,960 2.7 2,983-5,292
Medium-High and 11.2 14 1-25 0 158-280 2.7 427-756
Retail/Office
Mixed Use 15 3 6 1-25 0 93-382 127 251-1,031
TOTAL: 1,247.34 2,389-10,952 9,149-29,570
DOWNTOWN Acres Dwelling Dwelling Persons/ Population
DUBLIN SPECIFIC Units/Acre Units Dwelling Unit
PLAN AREA
Medium, Medium- 2302 6.1-25.1+ 1,3002 2 7 3,5104
High or High
Density
DOWNTOWN Acres Floor Area Square Feet Square Feet/ Jobs4
DUBLIN SPECIFIC Ratio(Gross) (millions) Employee
PLAN AREA
Village Parkway 32.9 .35 50 200-450 1,111-2,500
District
Retail District 1131 .60 2.96 200-450 6,578-14,800
Transit-Oriented 84.2 1.2 4.40 , 200-450 9,778-22,000
District
230.2 7.86 17,467-39,300
COMMERCIAL Acres Floor Area Square Feet Square Feet/ Jobs4
Ratio(Gross) (millions) Employee
1 Retail/Office 1339 25-.60 .37-.89 200-450 822-4450
Retail/Office& 40.8 .25-.50 .44-.89 220-490 898-4,045
Automotive
Campus Office 0 .25-.80 0 260 0
Business Park/ 102.8 .30-.40 1.34-1.79 360-490 2,735-4,972
Industrial_
Business Park/ 567 .25-40 .62-99 360-490 1,265-2,750
Industrial:Outdoor
Storage
Medium-High and 11.23 25-.60 .12-.29 - - 200-450 267-1,450
Retail/Office _
Mixed Use 1531 30-1 00 20-67 200-400 500-3,350
TOTAL: 260.7 3.09-5.52 6,478-21,017
PUBLICISEMI- Acres I Floor Area Square Feet Square Feet/ Jobs4
PUBLIC/OPEN Ratio(Gross) (millions) Employee
SPACE
3
Public/Semi-Public 38.2 .50 .83 1590 1,407
Facilities '
Semi-Public 0 .50 0 590 0
Facilities
SCHOOLS Acres Floor Area Square Feet-i < Square Feet/ Jobs
Ratio(Gross) (milli Employee
Elementary Schools 1 87.8 50 1.91 590 3,237
Middle Schools ::J-60 [.50 .13 590 220
High Schools 505 .50 110 590 1,864
PARKS/PUBLIC Acres Number
RECREATION
Neighborhood Parks 190 5
Community Parks 49.8 5
Regional Parks 0 0
Open Space 4285
Stream Corridor 52.9
TOTAL: 732.7 3.97 6,728
ACRES DWELLING POPULATION SQUARE FEET JOBS
UNITS (MILLIONS)
3,689-12,252 12,659-33,080 14.92-17.35 30,682
1 For dwelling units,population and jobs,a decimal fraction of.5 or less is disregarded,a decimal fraction greater than
.5 is rounded up to the nearest whole number.
2 Refer to the Downtown Dublin Specific Plan.
3 Not included in Grand Total as it is already accounted for under the Residential classification.
4 The Jobs range has been calculated by dividing the minimum square feet(millions)with the maximum square feet/employee and
dividing the maximum square feet/employee, Before dividing,the square feet(millions)must be multiplied by 1,000,000.
Table 2.4 POTENTIAL RESIDENTIAL SITE: PRIMARY PLANNING AREA
L PLAN LAND US DATE
N0.* UNITS 'CONSTRUCTED
(IF APPLICABLE)
ID nlon Canyon(California 1 197 246 Medium High Density 1998
gh lands
-------------- –
Valley Christian Center 2 15t 22 Medium High Density
Starward 3 2.4 31 Medium Density 2000
Starward Row 4 0.77 10 Medium High Density 2007
WicklowSquare 5 0.59 54 High Density 2005
Downtown Dublin Specific 6 294 1,300 Village Parkway District
Plan Area Retail District
Transit Oriented District
Bancor:Alcosta 7 4.62 56 Medium High Density 2008
Dublin Housing Authority 8 23.8 378 Medium Density 2013
Park Sierra Phase 1 9 8.9 209 Medium High Density 2000
Park Sierra Phase II 10 5.7 74 Medium Density 2000
Archstone 11 7.39 177 Medium High Density 2003
Trumark: Scadett Place 12 4 60 Medium High Density 2003
Bancor: Pak N Save(Tralee) 13 10.61 233 Medium High Density 2012
Heritage Park 14 5.94 54 Medium Density
*Site Map Numbers correspond to numbered areas on Figure 2-1:Sites for Housing Development
4
BE IT FURTHER RESOLVED that the City Council hereby finds that the amendments to
the Dublin Village Historic Area Specific Plan are consistent with the Dublin General Plan as
amended because the amendments conform to the Specific Plan to match the change in the
General Plan land use designations for the Project site and make other corresponding changes
based on that change in land use.
BE IT FURTHER RESOLVED that the City Council hereby adopts the following
amendments to the Dublin Village Historic Area Specific Plan:
Table 1: Maximum Development Potential in the Specific Plan area
(Existing develo ment acreage andsquare foots e from the Alameda County Assessor's Office—Current as of July 2014
SP/GP land Amount of Amount of Floor to Area Development Difference
use category existing proposed Ratio or Potential under
development acreage in number of Specific Plan
Specific Plan dwelling units
area
Retail/Office 217,882 square 6.61 acres .25 to .60 FAR Up to 172,759 -45,123 SF
feet on 20 acres
Medium Density 0 5.94 6.1 - 14 Up to 83 +83
units/acre
Med/High 150,656 sf 8.28 acres 14-25 Up to 207 units +31 units
Density (176) units) on units/acre
8.28 acres
Business 56,054 square 8.95 acres .30 to .40 FAR Up to 154,202 +98,148 SF
Park/Industrial feet on 8.95 SF
Parks/Public 6,344 square 10.07 acres No specific 7,144 SF* +800 SF
Recreation feet on 2.52 development
acres intensity noted
TOTAL 279,770 SF and 334,105 SF and +53,825 SF
176 units on 290 units and 114 units
approx. 39.75
acres
'Draft Dublin Historic Park Draft Master Plan proposes an 800 square foot pavilion/classroom building.
Exhibit 2: Shall be revised to reflect the current boundaries of the Downtown Dublin Specific
Plan.
Exhibit 4: Dublin Village Historic Area Specific Plan Existing Land Uses
p � � E■AiMt
n, uu
a,
Existing as of July 2014
Section 4.5 add: Medium Density Residential designation for a 5.94 acre site which
permits residential units at a density of 6.1-14 du/acre, and
Retail/Office designation for a majority of the project area, which allows
shopping centers, retail shops, eating establishments, business and
professional offices, motels, and service stations. There are approximately
14.06 acres that are currently designated Retail/Office, of which 1.65 acres
are vacant parcels.
Section 4.5 add: Page 15: PD: Planned Development,... (in this case, a combination of
commercial office, residential, restaurant and church uses).
Exhibit 5: Dublin Village Historic Area Specific Plan Existing General Plan Land Use
_ t t �s.
{ a. v
•. nWMrY..Yw
' fi ss
1
�wsr
xw..en.w. .
Existing as of July 2014
Section 5.3 Land Use Categories to add:
Medium Density Residential designation which permits residential units at a
density of 6.1-14 du/acre.
Exhibit 6: Dublin Village Historic Area Specific Plan Zoning
ExrWtS
Existing as of July 2014
6
Exhibit 10: Dublin Village Historic Area Specific Plan Land Use Plan
l J F
Existing as of July 2014
BE IT FURTHER RESOLVED that this approval shall not take effect until the Ordinance
adopting the Development Agreement for the Project takes effect and is recorded on the
Property.
PASSED, APPROVED, AND ADOPTED this day of 2014 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2276769.1
GAPAT0131PLPA-2013-00002 Heritage Park Office GPAIPC Mtg 6.10.141CC Reso GPA SPA Heritage Park.docx
7
RESOLUTION NO. 14-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REZONING THE
HERITAGE PARK PROJECT SITE TO PD-PLANNED DEVELOPMENT AND APPROVING A
RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN
PLPA 2013-00002
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing
110,000 square foot office complex and develop 54 small-lot single-family homes and a two-
story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic
Area Specific Plan ("Specific Plan") area. The project proposes a General Plan and Specific
Plan Amendment to change the land use designations on a 5.85 acre portion of the site from
Retail/Office (RO) to Medium Density Residential (MDR), and proposes a PD-Planned
Development rezoning with related Stage 1 and Stage 2 Development Plan, Site Development
Review, Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The
proposed development and applications are collectively known as the "Project"; and
WHEREAS, the Project site is located at 11875 Dublin Boulevard, west of San Ramon
Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; 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. To comply with CEQA,
the City prepared an Environmental Impact Report (EIR) for the Project; and
WHEREAS, on June 10, 2014, the Planning Commission held a properly noticed public
hearing on the Project, including the proposed PD rezoning, at which time all interested parties
had the opportunity to be heard; and
WHEREAS, a Staff Report, dated June 10, 2014 and incorporated herein by reference,
described and analyzed the Project, including the PD rezoning, for the Planning Commission;
and
WHEREAS, on June 10, 2014, the Planning Commission adopted Resolution 14-XX
recommending that the City Council certify the Final EIR for the Project, which resolution is
incorporated herein by reference and available for review at City Hall during normal business
hours; and
WHEREAS, the Planning Commission reviewed and considered the Final EIR and all
reports, recommendations and testimony prior to making its recommendation on the Project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
1
ATTACHMENT 2
OEM
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt the ordinance attached as Exhibit A and incorporated herein by reference, which
ordinance rezones the Heritage Park site to Planned Development and approves a related
Stage 1 and Stage 2 Development Plan. 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 10th day of June 2014, by the following
votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
2276820.1
ORDINANCE NO. xx— 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REZONING THE HERITAGE PARK PROJECT SITE TO A PLANNED DEVELOPMENT
ZONING DISTRICT AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN
PLPA-2013-00002
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Applicant, Bates Stringer Ventures, proposes to demolish an existing 110,000 square
foot office complex and develop 54 small lot single-family homes and a two-story 14,000 square
foot office building on approximately 6.6 acres in the Dublin Village Historic Area Specific Plan
("Specific Plan") area. The project proposes a General Plan and Specific Plan Amendment to
change the land use designations on a 5.94 acre portion of the site from Retail/Office (RO) to
Medium Density Residential (MDR), and proposes a PD-Planned Development rezoning with
Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and
a Development Agreement for the entire 6.6 acre site. The proposed development and
applications are collectively known as the "Project".
B. The Project site is located at 11875 Dublin Boulevard, west of San Ramon Road; south of
Dublin Boulevard; east of Donlon Way; and north of Interstate 580.
C. To comply with the California Environmental Quality Act (CEQA), the State guidelines and
City environmental regulations, the City prepared an Environmental Impact Report (EIR).
D. Following a public hearing on June 10, 2014, the Planning Commission adopted Resolution
14-XX recommending that the City Council certify the EIR for the project, Resolution 14-XX
recommending approval of the Project General Plan and Specific Plan amendments, and
Resolution 14-XX, recommending approval of the Planned Development rezoning and related
Stage 1 and 2 Development Plan, which resolutions are incorporated herein by reference and
available for review at City Hall during normal business hours.
E. A Staff Report, dated , 2014 and incorporated herein by reference, described and
analyzed the Project, including the Planned Development rezoning and related Stage 1 and 2
Development Plan, for the City Council.
F. On , 2014, the City Council held a properly noticed public hearing on the Project,
including the proposed Planned Development rezoning and related Stage 1 and 2 Development
Plan, at which time all interested parties had the opportunity to be heard.
G. On , 2014, the City Council adopted Resolution xx-14 certifying the Heritage Park EIR
and adopting CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for
the Project.
H. The City Council considered the certified EIR and all above-referenced reports,
recommendations, and testimony prior to taking action on the Project.
EXHIBIT A TO
1 ATTACHMENT 2
SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The Heritage Park Project Planned Development zoning meets the purpose and intent
of Chapter 8.32 in that it provides a comprehensive development plan that creates a
desirable use of land that is sensitive to surrounding land uses by virtue of the layout and
design of the site plan.
2. Development of the Project under the Planned Development zoning and the related
Stage 1 and 2 Development Plan will be harmonious and compatible with existing and
future development in the surrounding area in that the site will provide new retail,
restaurant, and personal services to residents in an area that has similar uses nearby
and is also adjacent to existing and future workplaces and residential neighborhoods.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds
as follows.
1. The Planned Development zoning for the Project and the related Stage 1 and 2
Development Plan will be harmonious and compatible with existing and potential
development in the surrounding area in that the proposed site plan has taken into
account sensitive adjacencies and will provide a wide range of amenities to the
surrounding neighborhoods.
2. The project site is physically suitable for the type and intensity of the zoning district
being proposed in that the Project maintains the general character and density of
adjacent development. The project site conditions are documented in the certified
Environmental Impact Report (EIR), the environmental impacts that have been identified
will be mitigated to the greatest degree possible, and the project will implement all
adopted mitigation measures. There are no site conditions that were identified in the EIR
that will present an impediment to development of the site for the intended purposes.
There are no major physical or topographic constraints and thus the site is physically
suitable for the type and intensity of the retail commercial center approved through the
Planned Development zoning.
3. The Planned Development zoning 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 will comply with all applicable development regulations and
standards and will implement all adopted mitigation measures. The Project uses are
compatible with surrounding uses.
4. The Planned Development zoning is consistent with the Dublin General Plan, as
amended, and the Dublin Village Historic Area Specific Plan, as amended, in that the
proposed office and residential uses are consistent with the Retail/Office and Medium
Density Residential land use designations for the site.
C. Pursuant to the California Environmental Quality Act, the City Council certified an EIR, and
adopted CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the
2
Project on , 2014, as set forth in Resolution XX-14, which resolution is incorporated herein
by reference and available for review at City Hall during normal business hours.
SECTION 3: ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the property described below to a Planned Development Zoning
District:
6.6 acres at 11875 Dublin Boulevard ("Project site", or "Property", APN 941-1550-005-
03).
A map of the rezoning area is shown below:
. 1 {
C;juWal -A Ei+ibtf r DIM
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' it��r �^..w '- !.._*��Y♦ �. lIt191¢A�
r-
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i
s I
DUBLIN VILLAGE HISTORIC AREA SPFCIFIC PLAN DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN
EXISTING ZONING PROPOSED ZONING
SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the Project site are
set forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby
approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance
with section 8.32.080 of the Dublin Municipal Code or its successors.
Stage 1 and 2 Development Plan for the Heritage Park Project
This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2
Development Plan set forth in Chapter 8.32 of the Zoning Ordinance and is adopted as part of
the Planned Development rezoning for the Heritage Park project, PLPA-2013-00002.
The Planned Development District and this Stage 1 and 2 Development Plan provides flexibility
to encourage innovative development while ensuring that the goals, policies, and action
programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are
satisfied.
3
1. Statement of Permitted, Conditional and Accessory Uses.
PD — Medium Density
Permitted Uses
• Accessory structures and uses in accordance with Section 8.40.030 of the Dublin
Zoning Ordinance
• Combinations of attached or detached dwelling, zero-lot line units, duplexes,
townhouses, multi-family dwellings
• Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance
• Multi-Family Dwelling Unit
• Nursing homes for not more than three patients
• Single-family Dwelling Unit
Conditional Uses
• Accessory structures and uses located on the same site as a conditional use
• Assisted living facility
• Bed and Breakfast inns
• Community clubhouse
• Community facilities
• Hospital in districts requiring not more than fifteen hundred (1,500) square feet of
building site area per dwelling unit
• Large family day care homes
• Medical or residential care facility (7 or more clients)
• Mobile home parks, as regulated by the Dublin Zoning Ordinance
• Parking lot, as regulated in the Dublin Zoning Ordinance
• Plant nursery or greenhouse used only for the cultivation of plant materials
(wholesale only)
• Public and Semi-Public Facilities
C-1 Zoning District
Permitted Uses
• Automobile/Vehicle Brokerage
• Banks and Financial Services
• Building Materials Sales
• Copying and Blueprinting
• Eating and Drinking Establishment
• Health Services/Clinics
• Office - Professional/Administrative
• Parking Lot/Garage — Commercial
• Personal Services
• Repair Shop
• Retail — General
• Retail — Neighborhood
• School — Commercial
• Similar and related Uses
• Temporary Uses, and Conditional Uses as found in the C-1 Zoning District of the
Dublin Zoning Ordinance, Section 8.12.050.
4
2. Stage 1 and 2 Site Plan.
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• "''110'°01"'' TENTATIVE SUBbtVIS[oN MAP-TRACT$160
HERITAGE PARK
" r SITE PLAN
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3. Site area, proposed densities.
Site Area: 6.60 acres-, Density 8.2 du/ac
4. Development regulations.
Heritage Park— Development Regulations (Commercial: Retail/Office)
Land Use Retail/Office
Site Requirements
Max. FAR 0.8 FAR
Max. Lot Coverage 45%
Note: Compliance with setbacks and
requirement for on-site parking and
landscaping still must be satisfied.
Min. Lot Size (sq. ft.) 17,850 sf
Min. Lot Width (ft.) 85 ft
Min. Lot Depth (ft.) 210 ft
Landscaping (% of lot) 20%
5
Building Requirements
Setbacks (ft.)
Front (To Donlon Way) 20 ft
Side (Adjacent to Parkin Area) 9 ft
Side (Adjacent to Private loft
Street)
Rear (To Residential Lots)3 25 ft/ 70 ft
Max. Height (main structure, ft.) 33 ft
Parking Requirements Required Provided
Church 43
Restaurant 46
Office 46
TOTAL 135 4 117
Notes:
' Minimum lot size refers to the lot size required to meet the setbacks shown on these development regulations.
2 Percentage of landscaping refers to the landscaping shown on the new commercial lot and does not include any
landscaping from the existing church or restaurant.
3 The minimum rear setback will be 25 ft in the interim condition after recordation of the Parcel Map. This distance
will increase to 70 ft after the existing building is demolished and the Final Map for the residential lots is recorded.
4 The parking area for the proposed office building is part of a shared parking agreement between the office
building, church & restaurant. This shared parking agreement allows each use to take advantage of different
primary hours of occupancy to meet their individual parking requirements.
Heritage Park— Residential Development Regulations
Medium Density Residential - Single Family Detached
Standards Plan 1 Plans 2 Plan 3 Plan 4 Plan 5
Minimum Lot Size 2,500 sf 3,200 sf 3,100 sf 4,200 sf 4,200 sf
Maximum Coverage' 55% 55% 55% 55% 55%
Minimum Frontage 20 ft 19 ft 19 ft 63 ft 63 ft
Maximum Building Height 2-Story (30 ft) 2-Story (30 ft) 2-Story (29 ft) 2-Story (30.5 ft) 2-Story (29 ft)
Setbacks
• Front Setback from
Donlon Way (Public)3
To ground floor living area 9.7 ft 9.7 ft
To front porch 8 ft(trellis) 2.7 ft(porch)
4.7 ft(porch)
To garage face 23.5 ft 18.8 ft
To second floor living area 9.7 ft 9.7 ft
• Front Setback from
Internal Street (Private)4
To ground floor living area 16 ft 15 ft 9 ft
To front porch5 2.9 ft 5 ft 3.5 ft
To garage face 13.3 17 ft 14 ft
To second floor deck or 15 ft 10 ft(deck) 9 ft
living area
• Side setback from Private Oft Oft O ft
Street
To ground level living area O ft 4 ft O ft
6
To ground level porch or 5 ft 5 ft
4 ft 4 ft 4 ft
garage
Interior lot line 4 ft 4 ft 4 ft 5 ft 5 ft
• Rear Setback
To ground floor living area 8 ft 8 ft 8 ft 8 ft 8 ft
To California room6 2.5 ft 2.5 ft 2.5 ft n/a n/a
Building separation 8 ft 8 ft 8 ft 10 ft 10 ft
Required Open Space (Front 300 sf 400 sf 300 sf 550 sf 350 sf
Yard)
Minimum Private Open
Space/Yard
Ground Level/Yard 500 sf 600 sf 500 sf 900 sf 800 sf
Upper Level/Deck n/a 129 sf n/a n/a n/a
Encroachments
Side yard 7 7 7 7 7
Rear yard 8 (see rear (see rear yard (see rear yard (see rear
and setback) setback) setback) yard setback)
Required Minimum Parking
Per unit 2 spaces 2 spaces 2 spaces 2 spaces within 2 spaces
within an within an within an an enclosed within an
enclosed enclosed enclosed garage enclosed
garage garage garage garage
Guest? 1 space per 1 space per 1 space per 1 space per unit 1 space per
unit unit unit unit
NOTES:
(1) Excludes porches.
(2) Plans 4 and 5, only.
(3) Plans 1, 2, and 3, only.
(4) Plans 1, 2, and 3, only. California Room not available for Plans 4 and 5.
(5) Items such as, but not limited to, air conditioning condensers, porches, chimneys, bay windows, retaining
walls less than 4 feet in height, media centers, etc. may encroach up to 2 feet into the required setback of
one side yard provided a minimum of a 3-foot wide flat area is maintained for access around the house.
(6) California Room fireplace may encroach into rear yard setback.
(7) On-street(public or private), in parking bay or on driveway apron.
7
5. Phasing Plan.
Phasing Map _
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17
AAGE 15?.
1
Phase 1 L'
Phase 2 '..
AM Aw-
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'h Phase 3
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6. Preliminary/Master Neighborhood Landscape Plan.
rLOICRNG AOSII OFFICE 19 h2ia1
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7.A. Architectural Standards — Commercial Development.
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7.13 Architectural Standards — Residential Development (Interior Lots).
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8. Consistency with General Plan and Specific Plan. The Project is consistent with the General
Plan and Dublin Village Historic Area Specific Plan as amended through a companion approval.
9. Inclusionary Zoning Regulations. See Attachment 5, Exhibit A, Condition of Approval No. 15.
10. Aerial Photo. An aerial photo is on file with the Community Development Department.
11. Applicable Requirements of the Dublin Zoning Ordinance. Except as specifically provided
in this Stage 1 and 2 Development Plan, the use, development, improvement and maintenance
of the property shall be governed by the provisions of the Dublin Zoning Ordinance pursuant to
Section 8.32.060.C. No development shall occur on this property until a Site Development
Review permit has been approved for the property.
12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with
all adopted mitigation measures of the Heritage Park EIR.
SECTION 5. PRIOR PD ZONING SUPERSEDED Alameda County Ordinance No. 78-89
establishing the existing PD zoning is superseded as to the Project site.
SECTION 6. 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 36933 of the Government Code of
the State of California.
SECTION 7. EFFECTIVE DATE
This ordinance shall not take effect until the Development Agreement for the Project takes effect
and is recorded on the Property
12
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 2014, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2276877.1
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LNVision That Moves Your Community
Transportation
Consultants September 9, 2013
Mr. Scott L.Stringer
The Stringer Company
875 Orange Blossom Way
Danville, CA 94526
Re: Shared Parking Analysis for Heritage Park Office/Church/Restaurant Uses in
the City of Dublin
Dear Mr. Stringer:
TJKM Transportation Consultants is pleased to present this report on the shared parking analysis
of the proposed parking easement agreement among the church, restaurant, and proposed office
parcels at the Heritage Park development site in Dublin. The current project description includes
a proposed office building with approximately 14,000 square feet of floor area and a reconfigured
parking area for common use with the existing Church of Christ and Frankie,Johnnie, and Luigi
restaurant. The shared parking agreement site is directly across Donlon Way from the City's
public Heritage Park, and is generally bounded by Dublin Boulevard on the north, Donlon Way on
the west, the existing Shell gas station on the east, and the proposed 54-lot residential
development (not a part of the shared parking agreement) to the south.
The general purpose of the analysis is to see how the peak parking demand of the existing and
proposed uses included in the proposed parking easement agreement for the site compares with
the proposed parking supply. Because City Zoning Ordinance requirements for parking only
consider different land uses as separate components, not accounting for the hourly and day-of-
week variations in parking demand for each of the proposed land uses, allowances must be made
for such peak demand variations among mixed uses, as described in this report. The analysis
presented in this letter report demonstrates that the proposed parking supply, which is 13 spaces
or ten percent less than the supply otherwise required by the City's Zoning Ordinance, can more
than accommodate the expected peak demand.
Pleasanton
3875 Hopyard Road The following proposed parking supply data is based on the site plan by Carlson, Barbee& Gibson
Suite 200 Civil Engineers dated May 20, 2013. The land use quantities described below were provided b
Pleasanton,CA g Y q P Y
94588-8526 you at our August 9 meeting, and the information on the church functions and restaurant
925.463.0611 operations is as you provided during b hone conversations.
925.463.3690 fax P Y P g our subsequent P
Fresno Parking Provided
S16 W.Shaw Avenue
Suite 200
Fresno,CA On-Site (Surface Lot)
93704-2515
559.325.7530 . Standard: 78 spaces
559.221.4940 fax
• Compact: 39 spaces (32 percent of on-site)
Sacramento
980 Ninth Street . Accessible: 6 spaces
1 6th Floor
Sacramento,CA Total On-Site: 123 spaces
95814-2736
916.449.9095
The 32 percent portion of compact spaces is under the City Ordinance maximum of 35 percent,
Santa Rosa
1400 N.Dutton Avenue which is appropriate for the proposed land uses. Compact spaces are appropriate for the lower-
s 21
Santa Rosa,CA turnover church services P arkin as well as employee parking for the proposed office use.
95401-4643
7o7.57S.S8ax On-Street: On Donlon Way immediately across the street from the site, 19 diagonal curbs aces
7o7s7sssas fax Y � Y g P
tjkm @ykm.com are located. Although these on-street spaces are not counted as part of the project parking supply
www.tikm.com
ATTACHMENT 4
TJKM Mr. Scott L Stringer
Transportation September 9,2013
Consultants Page 4
Heritage Park, City of Dublin
140
Weekday-Shared Parking Demand Analysis
__ -_
120
100 - -
80 -
�o
E
c 60 — -
40
20
0 Amw_ - -
Q�`
o° o° o° o° o° o°
�Church Restaurant Office On Site Parking Supply=123 �....w.
Heritage Park, City of Dublin
140 Weekend Shared Parking Demand Analysis
120
100
g 80
M
E
0 60 ----
40
20
0 -
P�S P`S P`S P`S PAS P`S ooc Q`S Q� Q`S Q� e`S Q`S Q`S Q`S Q`S Q"r
r`
ro• 1. 'b• oi• y0• yti• ti. L• 6. �. 0. 1•. �. oj• yo-
Church Restaurant Office On Site Parking SuPPly- 123 ,®wi..
TJKM Mr. Scott L Stringer
Transportation September 9, 2013
Consultants Page 5
Conclusions
Comparing the proposed 123-space on-site supply with the peak supply needed as shown in
Table II yields the following conclusions:
• For the weekday peak, 86 of the 123 on-site spaces would be needed during the peak hour
parking demand at 7:00 p.m. on Wednesday, which provides a surplus parking supply of 37
spaces, or 30 percent of the on-site supply.
• For the weekend peak, 74 of the 123 on-site spaces would be needed during the peak
hour parking demand at 1:00 p.m. on Sunday. This provides a surplus parking supply of 49
spaces, or 40 percent of the on-site supply.
Based on this analysis, the expected peak parking requirement is 86 spaces, where the total
proposed on-site parking supply is 123 spaces. Therefore, this 37-space surplus of on-site parking
supply over the peak supply needed strongly indicates that the proposed parking supply is
reasonable to fully accommodate the project's parking and on-site circulation needs.
We will be happy to discuss any questions or comments you may have regarding these findings.
Very truly yours,
Richard K. Haygood, P.E. -�
Director, Traffic & Multimodal Studies
Attachments
cc: Chris Kinzel, TJKM
Vishnu Gandluru, TJKM
J:\JURISDICTIOMD\Dublin\157-232 Heritage Park Shared Parking\LR 090913.docx
RESOLUTION NO. 14 - XX
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A
SITE DEVELOPMENT REVIEW PERMIT, PARCEL MAP AND
VESTING TENTATIVE MAP 8160 FOR THE HERITAGE PARK PROJECT
(PLPA-2013-00002)
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing
110,000 square foot office complex and develop 54 small lot single-family homes and a two-
story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic
Area Specific Plan ("Specific Plan") area. The project proposes a General Plan and Specific
Plan Amendment to change the land use designations on a 5.85 acre portion of the site from
Retail/Office (RO) to Medium Density Residential (MDR), and proposes a PD-Planned
Development rezoning with related Stage 1 and Stage 2 Development Plan, Site Development
Review, Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The
proposed development and applications are collectively known as the "Project"; and
WHEREAS, the Project Site is located at 11887 Dublin Boulevard - North of Interstate
Highway 580, south of Dublin Boulevard, east of Donlon Way, and west of San Ramon Road
(APN 941-1550-005-03); 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. To comply with CEQA,
the City prepared an Environmental Impact Report for the Project; and
WHEREAS, consistent with section 65352.3 of the California Government Code, the City
obtained a contact list of local Native American tribes from the Native American Heritage
Commission and notified the tribes on the contact list of the opportunity to consult with the City
on the proposed General Plan amendment. None of the contacted tribes requested a
consultation within the 90-day statutory consultation period and no further action is required
under section 65352.3; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the Site Development Review request, Parcel Map and
Vesting Tentative Tract Map 8160; and
WHEREAS, the Planning Commission held a public hearing on said application on June
10, 2014- and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
ATTACHMENT 5
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Dublin, based on the findings in the attached Resolution, recommends that the City Council
adopt the Resolution attached as Exhibit A, which Resolution approves the Site Development
Review Permit, Parcel Map and Vesting Tentative Tract Map 8160.
PASSED, APPROVED AND ADOPTED this 10th day of June 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
G.1PM20131PLPA-2013-00002 Heritage Park Office GPMPC Mtg 6.10.141PC Reso Recommending SDR VTmap Heritage.docx
2
RESOLUTION NO. XX-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A RESOLUTION APPROVING A
SITE DEVELOPMENT REVIEW PERMIT, PARCEL MAP AND
VESTING TENTATIVE MAP 8160 FOR THE HERITAGE PARK PROJECT
(PLPA-2013-00002)
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing 110,000
square foot office complex and develop 54 small lot single-family homes and a two-story 14,000
square foot office building on approximately 6.6 acres in the Dublin Village Historic Area Specific Plan
("Specific Plan") area. The project proposes a General Plan and Specific Plan Amendment to change
the land use designations on a 5.94 acre portion of the site from Retail/Office (RO) to Medium Density
Residential (MDR), and proposes a PD-Planned Development rezoning with related Stage 1 and
Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and Development
Agreement for the entire 6.6 acre site. The proposed development and applications are collectively
known as the "Project"; and
WHEREAS, the Project Site is located at 11887 Dublin Boulevard - North of Interstate
Highway 580, south of Dublin Boulevard, east of Donlon Way, and west of San Ramon Road (APN
941-1550-005-03); 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. To comply with CEQA, the
City prepared an Environmental Impact Report for the Project; and
WHEREAS, consistent with section 65352.3 of the California Government Code, the City
obtained a contact list of local Native American tribes from the Native American Heritage Commission
and notified the tribes on the contact list of the opportunity to consult with the City on the proposed
General Plan amendment. None of the contacted tribes requested a consultation within the 90-day
statutory consultation period and no further action is required under section 65352.3; and
WHEREAS, on , 2014, the City Council adopted Resolution XX-14 certifying an
Environmental Impact Report and adopting CEQA Mitigation Findings and a Mitigation Monitoring and
Reporting Program; and
WHEREAS, on 2014, the City Council held a public hearing and adopted Resolution
XX-14 approving amendments to the General Plan and Dublin Village Historic Area Specific Plan;
and
WHEREAS, on 2014, the City Council held a public hearing and adopted Ordinance
XX-14 approving a Planned Development Rezone with a related Stage 1 and 2 Development Plan for
the Heritage Park Project; and
WHEREAS, on June 10, 2014, the Planning Commission held a public hearing and adopted
Resolution 14-XX recommending that the City Council approve the requested Stage 1 and 2
Development Plan consistent with the requested land use amendments and adopted Resolution 14-
EXHIBUI A
ATTACHMENT 5
XX recommending that the City Council adopt a Resolution approving the requested Site
Development Review, Parcel Map and Vesting Tentative Tract Map 8160; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Site Development Review, Parcel Map and Vesting Tentative Tract Map 8160; and
WHEREAS, the City Council did hold a public hearing on said application on XX, 2014, for this
project at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council did hear and use independent judgment and considered all said
reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
makes the following findings and determinations regarding the proposed Site Development Review
for the development of 54 small lot, single-family detached homes and a 14,000 square foot, two-
story office building located at 11887 Dublin Blvd:
Site Development Review:
A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance,
with the General Plan and any applicable Specific Plans and design guidelines because: 1)
The project will not undermine the architectural character and scale of development in
which the proposed project is to be located; 2) the project will provide a unique, varied, and
distinct housing opportunity; 3) the project is consistent with the General Plan and Dublin
Village Historic Area Specific Plan Land Use designation of Medium Density residential and
Retail/Office; and 4) the project complies with the development standards established in the
Planned Development Plan.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the
project contributes to orderly, attractive, and harmonious site and structural development
compatible with the intended use, proposed subdivision, and the surrounding properties;
and 2) the project complies with the development regulations set forth in the Zoning
Ordinance where applicable and as adopted for PD PLPA 2013-00002.
C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and
the lot in which the project is proposed because: 1) the size and mass of the proposed
houses and commercial office building are consistent with other residential and commercial
developments in the surrounding area; 2) the project will contribute to housing opportunities
and diversity of product type as a complement to the surrounding neighborhoods; and 3)
the project will serve the current buyer profile and market segment anticipated for this area.
D. The subject site is suitable for the type and intensity of the approved development because.
1) the Project is located in a master planned area that includes a variety of residential
densities as well as commercial and office spaces; 2) The Project provides residential
development in an area that supports residential uses, and the Heritage Park to the west by
providing historically correct architectural buildings both residential and commercial to
enhance the goals and objectives of the Dublin Village Historic Area Specific Plan; and 3)
the project site is fully served by public services and existing roadways.
E. Impacts to existing slopes and topographic features are addressed because: 1) although
the proposed project is located on a relatively flat site, the project site will be re-graded in
accordance with the related Tract Map for the proposed project; 2) grading on the site will
ensure that the site drains away from any structures and complies with the Regional Water
Quality Control Board requirements; 3) landscaping, the perimeter infrastructure will be
complete; and 4) retaining walls will be constructed as required to support grade
differentials between building envelopes, noise constraints and setback or right-of-way
areas.
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 developments in the vicinity
because: 1) the Project provides a high degree of design and landscaping to complement
existing uses in the area.; 2) the structures reflect the architectural styles and development
standards represented in the Dublin Village Historical Area Specific Plan for both the
residential and commercial office buildings in the area; 3) the materials proposed will be
consistent with the requirements of the Dublin Village Historical Area Specific Plan ; and 4)
the color and materials proposed will be coordinated among the structures on site.
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 because: 1)
all perimeter landscaping, walls, fences, and hardscape are proposed for construction in
accordance with the master plan; and 2) landscaping in common areas is coordinated
through a series of sidewalks; 3) common area open space has been provided in the form
of a tot-lot; and 4) the project will conform to the requirements of the Stage 2 Development
Plan and the Water Efficient Landscape Ordinance.
H. The site has been adequately designed to ensure the proper circulation for bicyclist,
pedestrians, and automobiles because: 1) the project site is an urban in-fill area with
surrounding streets, which provide opportunities for pedestrian bicycle circulation; 2) all
infrastructure including streets, parkways, sidewalks, and streetlighting off-site are existing
and on-site will be constructed with this project and are consistent with the DVHASP; and
3) development of this project will conform to the major improvements already installed
allowing residents the safe and efficient use of these facilities.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the
following findings and determinations regarding Vesting Tentative Tract Map 8160:
Vesting Tentative Tract Map 8160
A. The proposed Vesting Tentative tract Map 8160 is consistent with the intent of applicable
subdivision regulations and related ordinances for the Dublin Village Historical Area Specific
Plan.
B. The design and improvements of the proposed Vesting Tentative Tract Map 8160 are
consistent with the General Plan and the Dublin Village Historical Area Specific Plan, as
amended, as they relate to the subject property in that it is a subdivision for implementation
consistent with adjacent residential neighborhoods designated for this type of development.
C. The proposed Vesting Tentative Tract Map 8160is consistent with the Planned Development
zoning approved for Project through the Planned Development zoning adopted for this project
and therefore consistent with the City of Dublin Zoning Ordinance.
D. The properties created by the proposed Vesting Tentative Tract Map 8160 will have adequate
access to major constructed or planned improvements as part of the Dublin Village Historical
Area Specific Plan.
E. Project design, architecture, and concept have been integrated with topography of the project
site created by the Vesting Tentative Tract Map 8160 to incorporate water quality measures
and minimize overgrading and extensive use of retaining walls. Therefore, the proposed
subdivision is physically suitable for the type and intensity of development proposed.
F. The Mitigation Measures and the Mitigation Monitoring program adopted with the program EIR
for the Dublin Village Area Specific Plan Area and Addendum would be applicable as
appropriate for addressing or mitigating any potential environmental impacts identified.
G. The proposed Vesting Tentative Map 8160 will not result in environmental damage or
substantially injure fish or wildlife or their habitat or cause public health concerns subject to
Mitigation Measures and Conditions of Approval.
H. The design of the subdivision will not conflict with easements, acquired by the public at large,
or access through or use of property within the proposed subdivision. The City Engineer has
reviewed the map and title report and has not found any conflicting easements of this nature.
BE IT FURTHER RESOLVED that the Dublin City Council hereby approves the Site
Development Review Permit for the proposed development of 54 small lot, single-family detached
homes and a 14,000 square foot, two-story office building located at 11887 Dublin Blvd., as shown on
plans prepared by Carlson Barbee & Gibson, William Hezmalhalch Architects, Inc., Johnson Lyman
Architects, Vandertoolen Associates dated May 7, 2014 and subject to the conditions included below.
BE IT FURTHER RESOLVED that the Dublin City Council hereby approves Vesting Tentative
Map 8160 prepared by Carlson, Barbee & Gibson, dated May 7, 2014 subject to the conditions
included below.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance
of building permits or establishment of use, and shall be subject to Planning Department review
and approval. The following codes represent those departments/agencies responsible for
monitoring compliance of the conditions of approval. 1PL.1 Planning, [131 Building, [PO1 Police,
[PWl Public Works P&CS1 Parks & Community Services, [ADMI Administration/City Attorney,
[FINI Finance, [Fl Alameda County Fire Department, fDSRI Dublin San Ramon Services District,
[CO1 Alameda County Department of Environmental Health, [Z71 Zone 7.
NO. CONDITIONS OF APPROVAL Agency Prior to: Source
PLANNING GENERAL CONDITIONS
1. Approval. This Site Development Review approval PL Ongoing Planning
is for the Heritage Park Project (PLPA-2013-00002).
This approval shall be as generally depicted and
indicated on the project plans prepared by Carlson
Barbee & Gibson, William Hezmalhalch Architects,
Johnson Lyman Architects, Vandertoolen
Associates dated received May 7, 2014, on file in
the Community Development Department, and
other plans, text, and diagrams relating to this Site
Development Review, and as specified as the
following Conditions of Approval for this project.
2. Permit Expiration. Construction or use shall PL One Year DMC
commence within one (1) year of Permit approval or After Effective 8.96.020.
the Permit shall lapse and become null and void. If Date D
there is a dispute as to whether the Permit has
expired, the City may hold a noticed public hearing
to determine the matter. Such a determination may
be processed concurrently with revocation
proceedings in appropriate circumstances. If a
Permit expires, a new application must be made
and processed according to the requirements of this
Ordinance.
3. Time Extension. The original approving decision- PL Prior to DMC
maker may, upon the Applicant's written request for Expiration 8.96.020.
an extension of approval prior to expiration, upon Date E
the determination that all Conditions of Approval
remain adequate and all applicable findings of
approval will continue to be met, grant an extension
of the approval for a period not to exceed six (6)
months. All time extension requests shall be
noticed and a public hearing shall be held before
the original hearing body.
4. Compliance. The Applicant/Property Owner shall PL Ongoing DMC
operate this use in compliance with the Conditions 8.96.020.
of Approval of this Site Development Review F
Permit, the approved plans and the regulations
established in the Zoning Ordinance. Any violation
of the terms or conditions specified may be subject
to enforcement action.
5. Revocation of Permit. The Site Development PL Ongoing DMC
Review approval shall be revocable for cause in 8.96.020.1
accordance with Section 8.96.020.1 of the Dublin
Zoning Ordinance. Any violation of the terms or
conditions of this permit shall be subject to citation.
6. Requirements and Standard Conditions. The Various Building Standard
Applicant/ Developer shall comply with applicable Permit
City of Dublin Fire Prevention Bureau, Dublin Public Issuance
Works Department, Dublin Building Department,
Dublin Police Services, Alameda County Flood
Control District Zone 7, Livermore Amador Valley
Transit Authority, Alameda County Public and
Environmental Health, Dublin San Ramon Services
District and the California Department of Health
Services requirements and standard conditions.
Prior to issuance of building permits or the
installation of any improvements related to this
project, the Developer shall supply written
statements from each such agency or department
to the Planning Department, indicating that all
applicable conditions required have been or will be
met.
7. Required Permits. Developer shall obtain all PW Building Standard
permits required by other agencies including, but Permit
not limited to Alameda County Flood Control and Issuance
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.
8. Fees. Applicant/Developer shall pay all applicable Various Building Various
fees in effect at the time of building permit issuance, Permit
including, but not limited to, Planning fees, Building Issuance
fees, Traffic Impact Fees, TVTC fees, Dublin San
Ramon Services District fees, Public Facilities fees,
Dublin Unified School District School Impact fees,
Fire Facilities Impact fees, Alameda County Flood
and Water Conservation District (Zone 7) Drainage
and Water Connection fees; or any other fee that
may be adopted and applicable.
9. Indemnification. The Developer shall defend, ADM Ongoing Administra
indemnify, and hold harmless the City of Dublin and tion/City
its agents, officers, and employees from any claim, Attorney
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 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. Clarification of Conditions. In the event that there PW Ongoing Public
needs to be clarification to the Conditions of Works
Approval, the Director of Community Development
and the City Engineer have the authority to clarify
the intent of these Conditions of Approval to the
Developer without going to a public hearing. The
Director of Community Development and the City
Engineer also have the authority to make minor
modifications to these conditions without going to a
public hearing in order for the Developer to fulfill
needed improvements or mitigations resulting from
impacts to this project.
11. Clean-up. The Applicant/Developer shall be PL Ongoing Planning
responsible for clean-up & disposal of project
related trash to maintain a safe, clean and litter-free
site.
12. Modifications. Modifications or changes to this PL Ongoing DMC
Site Development Review approval may be 8.104.100
considered by the Community Development
Director if the modifications or changes proposed
comply with Section 8.104.100 of the Zoning
Ordinance.
13. Lighting. Lighting is required over exterior PL, PW Building Municipal
entrances/doors. Exterior lighting used after daylight Permit Code
hours shall be adequate to provide for security Issuance
needs.
PLANNING — PROJECT SPECIFIC
14. Public Art Contribution. Developer shall fulfill the PL Prior to first Project
Public Art Contribution through the provision of in- occupancy Specific
lieu fees. Prior to the recordation of the final map for
the project, Developer shall obtain the total building
valuation of the project from the Building Official,
and the value of the applicant's required public art
project shall be determined by the Community
Development Director . Prior to occupancy of the
first structure in the project, the Developer shall (a)
secure completion of the public art project, in a
manner deemed satisfactory by the City Manager;
and (b) execute an agreement between the City and
the Developer, prior to occupancy of the first
structure in the project, which sets forth the
ownership, maintenance responsibilities, and
insurance coverage for the public art project.
15. Inclusionary Ordinance. In order to comply with PL Prior to first Project
Dublin's Inclusionary Zoning Regulations, occupancy Specific
Developer proposes to pay $109,573 per unit, for a
total of $767,011. Payment will be made in two
installments. The first payment of $383,506 will be
made prior to the recordation of the first final map
establishing the fifty-four (54) residential lots. The
second payment of $383,505 will be due at first
building permit.
16. Heritage Tree Ordinance. Prior to the issuance of PL Issuance of Project
Grading permits, the applicant shall apply for a Grading Specific
Heritage Tree Removal Permit in accordance with permits
the plans provided herein and in accordance with
the requirements of the Heritage Tree Ordinance.
17. Prior to the issuance of grading permits, the PL Issuance of Project
Applicant shall pay a fee of $19,000 to be set aside grading Specific
for the proposed orchard to be constructed in the permit
Heritage Park to mitigate for the loss of the black
walnut trees along Donlon Way.
18. Tot Lot. The Applicant shall provide the Tot Lot as PL Occupancy of Project
shown in Attachment 3, Tentative Tract Map Tab, 50th home Specific
Sheet TM08, prior to the occupancy of the 50th
home.
19. The Applicant shall relocate the Murray Green PL Issuance of Project
Homes marker to the location shown on the occupancy of Specific
Landscape Plans for the Commercial Office the
Building (see Attachment 3, Landscape Tab, sheet commercial
1-1.2) office building
LANDSCAPING
20. Final Landscape Construction Documents. The PL Issuance of Standard
final planting and irrigation design shall: building
permits
a. Utilize plant material that will be capable of
healthy growth within the given range of soil
and climate.
b. Coordinate the planting design to reflect the
historical character of the architecture with a
greater emphasis on informality, scale, form,
textural and design hierarchy.
c. 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.
d. Provide that 75% of the proposed trees on the
site are a minimum of 15 gallons in size, and at
least 50% of the proposed shrubs on the site
are a minimum of 5 gallons in size.
e. Mitigate for the loss of the existing trees by
increasing the size of the boxed street trees
along Donlon Way from 24" box to 36" box.
f. Provide concrete curbing at the edges of all
planters and paving surfaces where applicable.
g. That all cut and fill slopes conform to the
master vesting tentative map and conditions
detailed in the Site Development Review
packet.
h. That all cut and fill slopes graded and 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.
i. 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.
j. 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.
k. That a permanent maintenance agreement on
all landscaping will be required from the owner
insuring regular irrigation, fertilization and weed
abatement, if applicable.
21. Tree Preservation. Tree preservation techniques, PL Issuance of Standard
and guarantees, shall be reviewed and approved the building
by the Dublin Planning Division prior to the issuance permit
of the building permit.
22. Water Efficient Landscaping Regulations. The PL Issuance of Standard
Applicant shall meet all requirements of the City of the building
Dublin's Water-Efficient Landscaping Regulations, permit
Section 8.88 of the Dublin Municipal Code.
23. Bio-Retention Areas. The designed bio-retention PL Issuance of Standard
areas shall be enhanced to create an open space the building
landscape that is landscape attractive, conserves permit
water, and requires minimal maintenance.
24. Plant Clearances. All trees planted shall meet the PL Issuance of Standard
following clearances: the building
a. U from the face of building walls or roof eaves permit
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
20' from either side of a streetlight
25. Irrigation System Warranty. The Applicant shall PL Issuance of Standard
warranty the irrigation system and planting for a the building
period of one year from the date of installation. The permit
Applicant shall submit for the Dublin Community
Development Department approval, a landscape
maintenance plan for the Common Area landscape
including a reasonable estimate of expenses for the
first five years.
26. Walls, Fences and Mailboxes. Applicant shall PL Issuance of Standard
work with staff to prepare a final wall, fencing and the building
mailbox plan that is consistent with Dublin Municipal permit
Code and the design character of the architecture.
The design of the mailbox station shall be upgraded
to provide an enclosure or housing for the gang
mailboxes so that they are integrated into the
structure. Mailbox locations shall be integrated
within the landscape and shall comply with USPS
requirements.
27. Sustainable Landscape Practices. The PL Issuance of Standard
landscape design shall demonstrate compliance the building
with sustainable landscape practices as detailed in permit
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.
28. Copies of Approved Plans. The Applicant shall PL Construction Standard
provide the City with one full size copy, one reduced
(1/2 sized) copy and one electronic copy of the
approved landscape plans prior to construction.
CIVIL CONDITIONS
29. Plans Coordination. Civil Improvement Plans, PL Preparation of Standard
Joint Trench Plans, Street Lighting Plans and final grading,
Landscape Improvement Plans shall be submitted planting and
on the same size sheet and plotted at the same utility plans
drawing scale for consistency, improved legibility
and interdisciplinary coordination.
30. Utility Placement and Coordination: Utilities shall PL Preparation of Standard
be coordinated with proposed tree locations to final grading,
eliminate conflicts between trees and utilities. Submit planting and
typical utility plans for each house type to serve as a utility plans
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 the
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.
BUILDING
31. Building Codes and Ordinances. All project I B Through Standard
construction shall conform to all building codes and Completion
ordinances in effect at the time of building permit.
32. Retaining Walls. All retaining walls over 30 inches B Through Standard
in height and in a walkway shall be provided with Completion
guardrails. All retaining walls over 24 inches with a
surcharge or 36 inches without a surcharge shall
obtain permits and inspections from the Building &
Safety Division.
33. Phased Occupancy Plan. If occupancy is B Occupancy of Standard
requested to occur in phases, then all physical any affected
improvements within each phase shall be required building
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.
34. Building Permits. To apply for building permits, B Issuance of Standard
Applicant/Developer shall submit five (5) sets of Building
construction plans to the Building & Safety Division Permits
for plan check. Each set of plans shall 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.
35. Construction Drawings. Construction plans shall B Issuance of Standard
be fully dimensioned (including building elevations) building
accurately drawn (depicting all existing and permits
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.
36. Air Conditioning Units. Air conditioning units and B Occupancy of Standard
ventilation ducts shall be screened from public view Unit
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 PD text.
37. Temporary Fencing. Temporary Construction B Through Standard
fencing shall be installed along the perimeter of all Completion
work under construction.
38. Addressing B Standard
a) Provide a site plan with the City of Dublin's Prior to
address grid overlaid on the plans (1 to 30 release of
scale). Highlight all exterior door openings addresses
on plans (front, rear, garage, etc.). The site
plan shall include a single large format page
showing the entire project and individual
sheets for each neighborhood. 3 copies on
full size sheets and 5 copies reduced sheets.
b) Provide plan for display of addresses. The Prior to
Building Official shall approve plan prior to permitting
issuance of the first building permit. (Prior to
permitting)
c) Addresses will be required on the front of the Prior to
dwellings. Addresses are also required near permitting
the garage door opening if the opening is not
on the same side of the dwelling as the front
door.
d) Townhomes / Condos are required to have Occupancy of
address ranges posted on street side of the any Unit
buildings.
e) Address signage shall be provided as per the Occupancy of
Dublin Residential Security Code. any Unit
f) Exterior address numbers shall be backlight Prior to
and be posted in such a way that they may permit
be seen from the street. issuance, and
through
g) Driveways servicing more than one (1) completion
individual dwelling unit shall have a minimum
of 4 inch high identification numbers, noting Prior to
the range of unit numbers placed at the permit
entrance to each driveway at a height issuance, and
between 36 and 42 inches above grade. The through
light source shall be provided with an completion
uninterruptible AC power source or controlled
only by photoelectric device.
35. Engineer Observation. The Engineer of record B Scheduling Standard
shall be retained to provide observation services for the final
all components of the lateral and vertical design of frame
the building, including nailing, hold-downs, straps, inspection
shear, roof diaphragm and structural frame of
building. A written report shall be submitted to the
City Inspector rp for to scheduling the final frame
inspection.
36. Foundation. Geotechnical Engineer for the soils B Permit Standard
report shall review and approve the foundation issuance
design. A letter shall be submitted to the Building
Division on the approval.
37. Green Building. B Standard
Green Building measures as detailed in the SDR Through
package may be adjusted prior to master plan Completion
check application submittal with prior approval from
the City's Green Building Official provided that the
design of the project complies with the City of
Dublin's Green Building Ordinance and State Law
as applicable. In addition, all changes shall be
reflected in the Master Plans. (Through
Completion)
The Green Building checklist shall be included in First permit
the master plans. The checklist shall detail what
Green Points are being obtained and where the
information is found within the master plans. (Prior
to first permit).
Prior to each unit final, the project shall submit a Through
completed checklist with appropriate verification Completion
that all Green Points required by 7.94 of the Dublin
Municipal Code have been incorporated. (Through
Completion)
Homeowner Manual — if Applicant takes advantage Project
of this point the Manual shall be submitted to the
Green Building Official for review or a third party
reviewer with the results submitted to the City.
(Project)
Landscape plans shall be submitted to the Green Approval of
Building Official for review. (Prior to approval of the the
landscape plans by the City of Dublin) landscape
plans by the
City of Dublin
Approval of
Developer may choose self-certification or the
certification by a third party as permitted by the landscape
Dublin Municipal Code. Applicant shall inform the plans by the
Green Building Official of method of certification City of Dublin
prior to release of the first permit in each
subdivision / neighborhood.
38. Electronic File. The applicant/developer shall B Issuance of Standard
submit all building drawings and specifications for the final
this project in an electronic format to the satisfaction occupancy
of the Building Official prior to the issuance of
building permits. Additionally, all revisions made to
the building plans during the project shall be
incorporated into an "As Built" electronic file and
submitted prior to the issuance of the final
occupancy.
39. Copies of Approved Plans. Applicant shall B 30 days after Standard
provide City with 2 reduced (1/2 size) copies of the permit and
City of Dublin stamped approved plan. each revision
issuance
40. Cool Roofs. Flat roof areas shall have their roofing B Through Standard
material coated with light colored gravel or painted Completion
with light colored or reflective material designed for
Cool Roofs.
41. Solar Zone — CA Energy Code. B Through Standard
Show the location of the Solar Zone on the site Completion
plan. Detail the 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.
42. Accessible Parking. The required number of B Through Standard
parking stalls, the design and location of the Completion
accessible parking stalls shall be as required by the
CA Building Code.
43. Options. Selected options that affect the square B Through Standard
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.
44. Fault Zone. Where the fault line setback zone B Through Standard
encroaches onto the property the fault line setback Completion
zone shall be included on the plot plan.
45. Accessory Structures. A building permit shall be B Through Standard
obtained from Building & Safety for all Accessory Completion
Structures.
46. Set Back Survey. All buildings within the project B Each footing- Standard
shall provide an original letter of certification to the foundation
Building Inspector certifying the location of inspection
foundation / slab location. The letter shall be
stamped and signed by a licensed land surveyor.
FIRE
47. All portions of project with connection to open space F Ongoing Standard
shall meet Dublin Wildfire Management Plan and
California Building Code Chapter 7A construction
and landscape requirements.
48. All fire access roads shall have a minimum corner F Ongoing Standard
radii of 40' with traffic bulb (96' minimum) and
turnaround areas (70' leg minimum) that shall
meet current Alameda County Fire Department
requirements.
49. In accordance with the adopted Dublin Fire Code F Ongoing Standard
Ordinance, fire sprinklers shall be installed in all
buildings. The system shall be in accordance with
the NFPA 13 / 13R / 13D, the CA Fire Code, the CA
Building Code and The CA Residential Code.
50. Project Fire Access shall comply with 2013 F Ongoing Standard
California Fire Code Appendix D105-107.
51. Site Plan. F Ongoing Project
The site plan needs to show sufficient detail to Specific
reflect an accurate and detailed layout of the site for
review and record purposes. The site plan will need
a scale that will allow sufficient details for review
purposes and include, but not be limited to the
following:
• The site parking, fire lane locations and
turnarounds.
• Location of all fire appliances including fire
hydrants, fire connections, fire sprinkler
risers, and fire control valves.
• The location of any overhead obstructions
and their clearances
• The location of property lines and assumed
property lines between buildings on the same
property as well as any easements.
The site plan will also need to note the location and
distance of fire hydrants that are along the property
frontage as well as the closest hydrants to each
side of the property that are located along the
access roads that serves the property. In addition,
the improved face of curb to face of curb or edge of
pavement width of the access road that serves the
property will need to be noted.
52. Fire Access. F Ongoing Project
Fire access is required to be approved all-weather Specific
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.
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 LANE - CVC 22500.1".
1. Fire apparatus roadways must extend to
within 150 ft. of the most remote first floor
exterior wall of any building.
2. The maximum grade for a fire apparatus
roadway is 12%.
3. 3. Fire apparatus roadways in excess of 150
feet in length must make provisions for
approved apparatus turnarounds.
53. Hydrants & Fire Flows. F Ongoing Project
Show the location of any on-site fire hydrants and Specific
any fire hydrants that are along the property
frontage as well as the closest hydrants to each
side of the property that are located along the
access roads that serves this property. Provide a
letter from the water company indicating what the
available fire flow is to this property.
54. Gate Approvals. F Ongoing Project
Fencing and gates that cross pedestrian access Specific
and exit paths as well as vehicle entrance and exit
roads need to be approved for fire department
access and egress as well as exiting provisions
where such is applicable. Plans need to be
submitted that clearly show the fencing and gates
and details of such. This should be clearly
incorporated as part of the site plan with details
provided as necessary.
PUBLIC WORKS
55. 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 ownership and
maintenance responsibilities for the project street,
common area parcels and open space
improvements. The "Ownership and Maintenance"
exhibit shall be subject to review and approval by
the City Engineer.
56. Landscape Features within Public Right of W. PW First Final Public
The Developer shall enter into an "Agreement for Map; Modify Works
Long Term Encroachments" with the City to allow with
the Homeowner's Association to maintain the Successive
sidewalk, parking, landscape and decorative Final Maps
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.
57. Covenants, Conditions and Restrictions PW First Final Public
(CC&Rs). A Homeowners Association shall be Map; Modify Works
formed by recordation of a declaration of with
Covenants, Conditions, and Restrictions to govern Successive
use and maintenance of the landscape features, Final Maps
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.
58. Donlon Way. Developer shall install complete PW Final Map Public
roadway and utility improvements along the Works
project's Donlon Way frontage as shown on the
Tentative Map. Required roadway and utility
improvements on Donlon Way shall include, but are
not limited to the installation of curb, gutter,
sidewalk, curb ramps, driveways, drainage
structures, street trees, utilities, street lights, and
fire hydrants. Between Street A and Dublin
Boulevard, the project shall install a 5' wide
monolithic sidewalk. South of Street A, the project
shall install a 6' (inclusive of curb width) landscape
strip and a 4' sidewalk.
59. Donlon Way Pubic Pedestrian Access and PW Final Map Public
Sidewalk Easements. Five foot by five foot (5'x5') Works
"turnaround" areas shall be provided along the new
Donlon Way public sidewalk at intervals of no less
than two hundred feet (200) as shown on the
Tentative Map to meet current accessibility
requirements. Public Pedestrian Access and
Sidewalk Easements shall be dedicated over those
areas of sidewalk located outside of the public right-
of-way needed to provide the required "turnaround"
areas.
60. Donlon Way Landscape Planters. Seven foot (7) PW Final Map Public
deep landscape planter "pop-outs" shall be Works
constructed as shown on the Tentative Map to
facilitate the planting of street trees. The minimum
curb-to-curb width shall be twenty feet (20) at the
landscape planter "pop-out" fronting Units 1 and 2.
61. Donlon Way Parking. Parallel parking stalls shall PW Final Map Public
be provided between the landscape planter "pop- Works
outs" as shown on the Tentative Map. The seven
foot (7) wide parking aisle shall be paved in
concrete and designed using a "reverse crown"
draining to a valley gutter along the travel way in
order to minimize the amount of debris that may
accumulate in the "corners" of the landscape planter
"pop-out" curb line. If the City determines that the
accumulation of debris within the "pop-out" curb line
reaches a level where it becomes a nuisance to the
general public, the Homeowners Owners'
Association (HOA) shall cause the removal of such
debris as part of their "Agreement for Long Term
Encroachments" with the City.
All concrete paving within the parking aisles shall be
maintained by the HOA.
62. Donlon Way Parking Restrictions. The PW Final Map Public
Developer shall install "No Parking" signs along the Works
east side of Donlon Way north of Street A. Final
sign locations shall be coordinated with and
approved by the City Traffic Engineer.
63. Donlon Way Overhead Utilities. The Developer PW Final Map Public
shall underground the existing overhead utility lines Works
along the east side of Donlon Way fronting the
project, including existing overhead service lines to
parcels on the east side of Donlon Way.
64. Donlon Way Right of Way Vacation. Private PW Final Map Public
improvements such fences, gates, trellises, etc. Works
such as those as shown on Sheet L-2 of the Site
Development Review will not be allowed within the
public right-of-way. In order to facilitate the
construction of the proposed private improvements,
the Developer shall petition the City to vacate
approximately five feet (5') of right-of-way such that
the new right-of-way line for Donlon Way is aligned
with the new back-of-sidewalk. Right-of-way
vacation procedures shall be per the guidelines
outlined in the California Streets & Highways Code.
If vacation of the public right-of-way is not
approved, the proposed private improvements shall
be redesigned in order to remove all such
encroachments into the public right-of-way.
65. Public Service Easements. Public service PW In conjunction Public
easement(s) shall be dedicated along the Donlon with first final Works
Way frontage of the project to allow for the proper map or by
placement of public utility vaults, boxes, separate
appurtenances or similar items behind the back-of- instrument
sidewalk. Private improvements such as fences,
gates or trellises shall not be located within the
public service easements.
66. Intersection Sight Distance: On-street parking PW First Final Public
shall be restricted within the triangles created by the Map Works
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 and shall be
based on a 30 MPH on Donlon Way. The traffic
analysis shall be reviewed and approved by the
Traffic Engineer.
67. 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; drainage facilities; utilities;
landscape and irrigation facilities; open space
landscaping; stormwater treatment facilities, striping
and signage; and fire hydrants.
68. Private Street Easements and Sidewalk PW First Final Public
Improvements. Five foot by five foot (5'x5') Map Works
"turnaround" areas shall be provided along all
private sidewalks internal to the project at intervals
of no less than two hundred feet (200') as shown on
the Sheet TM04 of the Tentative Map to meet
current accessibility requirements. Private
Pedestrian Access Easements shall be dedicated
over those areas of sidewalk needed to provide the
required "turnaround" areas.
69. 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.
70. 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.
71. Monuments. Final Maps shall include private street PW First Final Public
monuments to be set in all private streets. Private Map Works
street monuments shall be set at all intersections
and as determined by the City Engineer.
72. Decorative Pavement: Decorative pavers, PW First Final Public
stamped concrete or other similar non-standard Map and Works
pavement sections shall not be installed on any Ongoing
public street, unless the design and location is
reviewed and approved by the City Engineer. In any
case, decorative pavement (pavers or similar non-
standard pavement sections) shall not be installed
over traffic detector loops, inside crosswalks or
within thirty feet (30') of any crosswalk or STOP bar.
73. Curb Ramps: Curb ramp layouts are not approved PW First Final Public
at this time. The number, location and layout of all Map and Works
curb ramps shall be reviewed and approved by the Ongoing
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 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.
74. Stormwater Management: The provided PW First Final Public
Stormwater Management Plan, Sheet TM07 of the Map and Works
Tentative Map, prepared by Carlson, Barbee and Ongoing
Gibson, Inc., dated May 7, 2014 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.
75. Trash Capture: The project Stormwater PW First Final Public
Management Plan shall incorporate trash capture Map and Works
measures such as inlet filters or hydrodynamic Ongoing
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.
76. Storm Water Treatment Measures Maintenance PW First Final Public
Agreement. Developer shall enter into an Map and Works
Agreement with the City of Dublin that guarantees Ongoing
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.
77. Stormwater Source Control. "No Dumping Drains PW First Final Public
to Bay" storm drain medallions per City Standard Map and Works
Detail CD-704 shall be placed on all public and Ongoing
private storm drain inlets.
78. Trash Enclosures. Trash enclosure(s) conforming PW Site Public
to the City of Dublin Trash Enclosure Ordinance Improvement Works
(Chapter 7.98 of the Dublin Municipal Code) shall Plans for
be installed for each of the office and retail uses Retail and
associated with the project. The concrete apron Office uses
shall extend a minimum ten feet from the enclosure
pad and be the width of the enclosure opening. The
enclosure shall have a drain connected to the
sanitary sewer. A hose bib shall be available for
periodic wash down. The area around and inside
the enclosure must be lit with a minimum of one-
foot candle. The trash enclosure shall be
architecturally designed to be compatible with the
building. The doors must be designed with self-
closing gates that can be locked closed and can
also be held open with pin locks during loading. All
trash bins used for this site shall be maintained
within the trash bin enclosure(s) at all times. The
enclosure shall have accessible route and entrance
door.
The Developer shall coordinate with the City's
franchise waste hauler (Amador Valley Industries)
to determine the proper size and location of all trash
enclosures.
79. Utilities. All new utility service connections, PW First Final Public
including electrical and communications, shall be Map and Works
installed underground. Electrical transformers shall Ongoing
be installed in underground vaults within an
appropriate utility easement or public service
easement.
80. Landscape Plans. Developer shall submit design PW First Final Public
development Landscape Plans with the first plan Map and Works
check for the street improvement plans and final Ongoing
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.
81. Street Light and Joint Trench Plans. Streetlight PW First Final Public
Plans and Joint Trench Plans shall be submitted Map and Works
with the first plan check for the street improvement Ongoing
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.
82. Geotechnical Report: The Developer shall submit PW Issuance of Public
a design level geotechnical investigation report Grading Works
defining and delineating any seismic hazard. The Permits or
report shall be prepared in accordance with First Final
guidelines published by the State of California. The Map
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.
83. Fault Setback. The project site is located in an PW Final Map, Public
Earthquake Fault Hazard Zone according to maps Issuance of Works
released by the State of California. The earthquake Building
fault zone shall be clearly delineated on the Final Permits and
Map. Per the "Updated Fault Rupture Hazard Ongoing
Investigation, Heritage Park Residential
Development" prepared by Stevens, Ferrone &
Bailey Engineering Company, Inc. dated June 26,
2013, all habitable structures within the proposed
development shall be set back a minimum of twenty
five feet (25') from the active fault trace.
84. Fault Hazard Zone. The CC&Rs for the project PW Final Map Public
shall include a disclosure statement to all property approval Works
owners indicating that the project site is located
within an earthquake fault hazard zone and seismic
hazard zone for liquefaction. The disclosure
statement shall indicate that the buildings have
been designed to current code requirements The
disclosure statement shall also indicate that the
buildings, site improvements, and utilities are
subject to damage during an earthquake and that
the buildings may be uninhabitable after an
earthquake. This CC&R disclosure statement is
subject to review and approval of the City Engineer
prior to final map approval.
85. 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 recommendations First Final
regarding pavement sections for all project streets Map
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.
86. 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
specifications. The Project Geotechnical Engineer First Final
shall approve all grading plans prior to City approval Map
and issuance of grading permits.
87. Grading. The disposal site and haul truck route for PW Issuance of Public
any off-haul dirt materials shall be subject to the Grading Works
review and approval by the City Engineer prior to Permits or
the approval the improvement plans or issuance of First Final
a Grading Permit. If the Developer does not own Map
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.
88. Dust Control/Street Sweeping. The Developer PW Ongoing Public
shall provide adequate dust control measures at all Works
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.
89. Underground Obstructions. Prior to demolition, PW Issuance of Public
excavation and grading on any portion of the project Grading Works
site, all underground obstructions (i.e., debris, Permits or
septic tanks, fuel tanks, barrels, chemical waste) First Final
shall be identified and removed pursuant to Federal, Map
State and local regulations and subject to the
review and approval by the City. Excavations shall
be properly backfilled using structural fill, subject to
the review and approval of the City Engineer.
90. Resource Agency Permits: Prior to the start of PW Issuance of Public
any grading of the site as necessary, permits shall Grading Works
be obtained from the US Army Corps of Engineers, Permit
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.
PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL
91. Developer shall comply with the City of Dublin PW Ongoing Standard
Public Works Standard Conditions of Approval
("Standard Condition") unless specifically modified
by Project Specific Conditions of Approval above.
92. The Developer shall comply with the Subdivision PW Ongoing Standard
Map Act, the City of Dublin Subdivision, and
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).
93. In the event that there needs to be clarification to PW Ongoing Standard
these Conditions of Approval, the Director of
Community Development and the City Engineer
have the authority to clarify the intent of these
Conditions of Approval to the Developer without
going to a public hearing. The Director of
Community Development and the City Engineer
also have the authority to make minor modifications
to these conditions without going to a public hearing
in order for the Developer to fulfill needed
improvements or mitigations resulting from impacts
of this project.
94. If there are conflicts between the Tentative Map PW Ongoing Standard
approval and the SDR approval pertaining to
mapping or public improvements the Tentative Map
shall take precedent.
AGREEMENTS AND BONDS
95. The Developer shall enter into a Tract Improvement PW First Final Standard
Agreement with the City for all public improvements Map and
including any required offsite storm drainage or Successive
roadway improvements that are needed to serve Maps
the Tract that have not been bonded with another
Tract Improvement Agreement.
96. The Developer shall provide performance (100%), PW First Final Standard
and labor & material (100%) securities to guarantee Map and
the tract improvements, approved by the City Successive
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
97. The Developer shall pay in-lieu fees in the amounts PW Prior to Each Standard
and at the times set forth in City of Dublin Final Map
Resolution No. 214-02, or in any resolution revising
these amounts and as implemented by the
Administrative Guidelines adopted by Resolution
195-99.
PERMITS
98. Developer shall obtain an Encroachment Permit PW Prior to Start Standard
from the Public Works Department for all of Work
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.
99. Developer shall obtain a Grading/Sitework Permit PW Prior to Start Standard
from the Public Works Department for all grading of Work
and private site improvements that serves more
than one lot or residential condominium unit.
SUBMITTALS
-F
100. All submittals of plans and Final Maps shall comply PW Approval of Standard
with the requirements of the "City of Dublin Public Improvement
Works Department Improvement Plan Submittal Plans or Final
Requirements", and the "City of Dublin Map
Improvement Plan Review Check List".
101. The Developer will be responsible for submittals PW Approval of Standard
and reviews to obtain the approvals of all Improvement
participating non-City agencies. The Alameda Plans or Final
County Fire Department and the Dublin San Ramon Map
Services District shall approve and sign the
Improvement Plans.
102. Developer shall submit a Geotechnical Report, PW Approval of Standard
which includes street pavement sections and Improvement
grading recommendations. Plans, Grading
Plans, or Final
Map
103. Developer shall provide the Public Works PW Acceptance of Standard
Department a digital vectorized file of the "master" improvements
CAD files for the project when the Final Map has and Release
been approved. Digital raster copies are not of Bonds
acceptable. The digital vectorized files shall be in
AutoCAD 14 or higher drawing 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.
FINAL MAP
104. All Final Maps shall be substantially in accordance PW Approval of Standard
with the Tentative Maps approved with this Final Map
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.
105. All rights-of-way and easement dedications required PW Approval of Standard
by the Tentative Map shall be shown on the Final Final Map
Map.
106. Any phasing of the final mapping or improvements PW Approval of Standard
of a Tentative Map is subject to the approval and Final Map
conditions of the City Engineer.
107. Street names shall be assigned to each PW Approval of Standard
public/private street pursuant to Municipal Code Final Map
Chapter 7.08. The approved street names shall be
indicated on the Final Map.
108. All Final Maps shall include street monuments to be PW Monuments to Standard
set in all public streets. be Shown on
Final Map and
Installed Prior
to Acceptance
of
improvements
EASEMENTS
109. The Developer shall obtain abandonment from all PW Approval of Standard
applicable public agencies of existing easements Improvement
and right of ways that will no longer be used. Plans or
Appropriate
Final Map
110. The Developer shall acquire easements, and/or PW Approval of Standard
obtain rights-of-entry from the adjacent property Improvement
owners for any improvements on their property. The Plans or
easements and/or rights-of-entry shall be in writing Appropriate
and copies furnished to the City Engineer. Final Map
GRADING
111. The Grading Plan shall be in conformance with the PW Approval of Standard
recommendations of the Geotechnical Report, the Grading
approved Tentative Map and/or Site Development Plans or
Review, and the City design standards & Issuance of
ordinances. In case of conflict between the soil Grading
engineer's recommendations and City ordinances, Permits, and
the City Engineer shall determine which shall apply, Ongoing
112. A detailed Erosion Control Plan shall be included PW Approval of Standard
with the Grading Plan approval. The plan shall Grading
include detailed design, location, and maintenance Plans or
criteria of all erosion and sedimentation control Issuance of
measures. Grading
Permits, and
Ongoing
113. Tiebacks or structural fabric for retaining walls shall PW Approval of Standard
not cross property lines, or shall be located a Grading
minimum of 2' below the finished grade of the upper Plans or
lot. Issuance of
Grading
Permits, and
On oing
114. Slope bank along public streets shall be no steeper PW Approval of Standard
than 3:1 unless shown otherwise on the Tentative Grading
Map Grading Plan exhibits. The toe of any slope Plans or
along public streets shall be one foot back of Issuance of
walkway. The top of any slope along public streets Grading
shall be three feet back of walkway. Minor Permits, and
exception may be made in the above slope design Ongoing
criteria to meet unforeseen design constraints
subject to the approval of the City Engineer.
IMPROVEMENTS
115. The public improvements shall be constructed PW Approval of Standard
generally as shown on the Tentative Map and/or Improvement
Site Development Review. However, the approval Plans or Start
of the Tentative Map and/or Site Development of
Review is not an approval of the specific design of Construction,
the drainage, sanitary sewer, water, and street and Ongoing
improvements.
116. All public improvements shall conform to the City of PW Approval of Standard
Dublin Standard Plans and design requirements Improvement
and as approved by the City Engineer. Plans or Start
of
Construction,
and Ongoing
117. Public streets shall be at a minimum 1% slope with PW Approval of Standard
minimum gutter flow of 0.7% around bumpouts. Improvement
Private streets and alleys shall be at minimum 0.5% Plans or Start
slope. of
Construction,
and Ongoing
118. Curb Returns on arterial and collector streets shall PW Approval of Standard
be 40-foot radius, all internal public streets curb Improvement
returns shall be minimum 30-foot radius (36-foot Plans or Start
with bump outs) and private streets/alleys shall be a of
minimum 20-foot radius, or as approved by the City Construction,
Engineer. Curb ramp locations and design shall and Ongoing
conform to the most current Title 24 and Americans
with Disabilities Act requirements and as approved
by the City Traffic Engineer.
119. Any decorative pavers/paving installed within City PW Approval of Standard
right-of-way shall be done to the satisfaction of the Improvement
City Engineer. Where decorative paving is installed Plans or Start
at signalized intersections, pre-formed traffic signal of
loops shall be put under the decorative pavement. Construction,
Decorative pavements shall not interfere with the and Ongoing
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.
120. The Developer shall install all traffic signs and PW Occupancy of Standard
pavement marking as required by the City Engineer. Units or
Acceptance of
Improvements
121. Street light standards and luminaries shall be PW Occupancy of Standard
designed and installed per approval of the City Units or
Engineer. The maximum voltage drop for Acceptance of
streetlights is 5%. Improvements
122. The Developer shall construct bus stops and PW Occupancy of Standard
shelters at the locations designated and approved Units or
by the LAVTA and the City Engineer. The Acceptance of
Developer shall pay the cost of procuring and Improvements
installing these improvements if applicable.
123. Developer shall construct all potable and recycled PW Occupancy of Standard
water and sanitary sewer facilities required to serve Units or
Acceptance of
the project in accordance with DSRSD master Improvements
plans, standards, specifications and requirements.
124. Fire hydrant locations shall be approved by the PW Occupancy of Standard
Alameda County Fire Department. A raised reflector Units or
blue traffic marker shall be installed in the street Acceptance of
opposite each hydrant. Improvements
125. The Developer shall furnish and install street name PW Occupancy of Standard
signs for the project to the satisfaction of the City Units or
Engineer. Acceptance of
Improvements
126. Developer shall construct gas, electric, cable TV PW Occupancy of Standard
and communication improvements within the Units or
fronting streets and as necessary to serve the Acceptance of
project and the future adjacent parcels as approved Improvements
by the City Engineer and the various Public Utility
agencies.
127. All electrical, gas, telephone, and Cable TV utilities, PW Occupancy of Standard
shall be underground in accordance with the City Units or
policies and ordinances. All utilities shall be located Acceptance of
and provided within public utility easements and Improvements
sized to meet utility company standards.
128. All utility vaults, boxes and structures, unless PW Occupancy of Standard
specifically approved otherwise by the City Units or
Engineer, shall be underground and placed in Acceptance of
landscape areas and screened from public view. Improvements
Prior to Joint Trench Plan approval, landscape
drawings shall be submitted to the City showing 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.
CONSTRUCTION
129. The Erosion Control Plan shall be implemented PW Ongoing as Standard
between October 15th and April 15th unless Needed
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.
130. If archaeological materials are encountered during PW Ongoing as 1993
construction, construction within 100 feet of these Needed EDEIR
materials shall be halted until a professional MM
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.
131. Construction activities, including the maintenance PW Ongoing as Standard
and warming of equipment, shall be limited to Needed
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.
132. Developer shall prepare a construction noise PW Start of Standard
management plan that identifies measures to be Construction;
taken to minimize construction noise on surrounding Implementati
developed properties. The plan shall include hours on Ongoing
of construction operation, use of mufflers on as Needed
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.
133. Developer shall prepare a plan for construction PW Start of Standard
traffic interface with public traffic on any existing Construction;
public street. Construction traffic and parking may Implementation
be subject to specific requirements by the City Ongoing as
Engineer. Needed
134. The Developer shall be responsible for controlling IPW Ongoing Standard
any rodent, mosquito, or other pest problem due to
construction activities.
135. The Developer shall be responsible for watering or PW Start of Standard
other dust-palliative measures to control dust as Construction;
conditions warrant or as directed by the City implementation
Engineer. Ongoing as
Needed
136. The Developer shall provide the Public Works IPW Issuance of Standard
Department with a letter from a registered civil Building
engineer or surveyor stating that the building pads Permits or
have been graded to within 0.1 feet of the grades Acceptance of
shown on the approved Grading Plans, and that the Improvements
top & toe of banks and retaining walls are at the
locations shown on the approved Grading Plans.
NPDES
137. Prior to any clearing or grading, the Developer shall I'W Prior to Start Standard
provide the City evidence that a Notice of Intent of Any
(NOI) has been sent to the California State Water Construction
Resources Control Board per the requirements of Activities
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.
138. The Storm Water Pollution Prevention Plan PW SWPPP to be Standard
(SWPPP) shall identify the Best Management Prepared Prior
Practices (BMPs) appropriate to the project to Approval of
construction activities. The SWPPP shall include Improvement
the erosion control measures in accordance with Plans;
the regulations outlined in the most current version Implementation
of the ABAG Erosion and Sediment Control Prior to Start of
Handbook or State Construction Best Management Construction
Practices Handbook. The Developer is responsible and Ongoing as
for ensuring that all contractors implement all storm Needed
water pollution prevention measures in the SWPPP.
DSRSD
139. Prior to issuance of any building permit, complete DSR Issuance of Standard
improvement plans shall be submitted to DSRSD building permit
that conform to the requirements of 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.
140. All mains shall be sized to provide sufficient DSR Issuance of Standard
capacity to accommodate future flow demands in building
addition to each development project's demand. permit
Layout and sizing of mains shall be in conformance
with DSRSD utility master planning.
141. Sewers shall be designed to operate by gravity flow DSR Issuance of Standard
to DSRSD's existing sanitary sewer system. building
Pumping of sewage is discouraged and may only permit
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.
142. Domestic and fire protection waterline systems for DSR Issuance of Standard
Tracts or Commercial Developments shall be building
designed to be looped or interconnected to avoid permit
dead end sections in accordance with requirements
of the DSRSD Standard Specifications and sound
engineering practice.
143. DSRSD policy requires public water and sewer lines DSR Issuance of Standard
to be located in public streets rather than in off- building
street locations to the fullest extent possible. If permit
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.
144. Prior to approval by the City of a grading permit or a DSR Approval of Standard
site development permit, the locations and widths of grading permit
all proposed easement dedications for water and
sewer lines shall be submitted to and approved by
DSRSD.
145. All easement dedications for DSRSD facilities shall DSR Dedication on Standard
be by separate instrument irrevocably offered to final map
DSRSD or by offer of dedication on the Final Map.
146. Prior to approval by the City for Recordation, the DSR Final map Standard
Final Map shall be submitted to and approved by
DSRSD for easement locations, widths, and
restrictions.
147. Prior to issuance by the City of any Building Permit DSR Issuance of Standard
or Construction Permit by the Dublin San Ramon building permit
Services District, whichever comes first, all utility
connection fees including DSRSD and Zone 7, plan
checking fees, inspection fees, 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.
148. Prior to issuance by the City of any Building Permit DSR Issuance of Standard
or Construction Permit by the Dublin San Ramon building permit
Services District, whichever comes first, all
improvement plans for DSRSD facilities shall be
signed by the District Engineer. Each drawing 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 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.
149. No sewer line or waterline construction shall be DSR Issuance of Standard
permitted unless the proper utility construction building permit
permit has been issued by DSRSD. A construction
permit will only be issued after all of the items in
Condition No. 138 have been satisfied.
150. The applicant shall hold DSRSD, it's Board of DSR Issuance of Standard
Directors, commissions, employees, and agents of building
DSRSD harmless and indemnify and defend the permit
same from any litigation, claims, or fines resulting
from the construction and completion of the project.
151. Improvement plans shall include recycled water DSR Issuance of Standard
improvements as required by DSRSD. Services for building
landscape irrigation shall connect to recycled water permit
mains. Applicant must obtain a copy of the
DSRSD Recycled Water Use Guidelines and
conform to the requirements therein.
152. Due to the emergency water condition in the State DSR Issuance of Special
of California, absolutely no potable water will be building condition
allowed for construction use grading during this permit
project.
PASSED, APPROVED, AND ADOPTED this day of , 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GAPA120131PLPA-2013-00002 Heritage Park Office GPAIPC Mtg 6.10.141CC Reso Heritage SDR VTM 6.10.14.docx
RESOLUTION NO. 14 - xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BATES STRINGER
VENTURES FOR THE HERITAGE PARK PROJECT
PLPA 2013-00002
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing
110,000 square foot office complex and develop 54 small lot single-family homes and a two-
story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic
Area Specific Plan ("Specific Plan") area. The project proposes a General Plan and Specific
Plan Amendment to change the land use designations on a 5.85 acre portion of the site from
Retail/Office (RO) to Medium Density Residential (MDR), and proposes a PD-Planned
Development rezoning with a related Stage 1 and Stage 2 Development Plan, Site Development
Review, Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The
proposed development and applications are collectively known as the "Project"; related
approvals of the applications are collectively known as the "Project Approvals"; and
WHEREAS, the Project site is located at 11875 Dublin Boulevard, west of San Ramon
Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; 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. To comply with CEQA,
the City prepared an Environmental Impact Report ("EIR") for the Project; and
WHEREAS, on June 10, 2014, the Planning Commission adopted Resolution 14-XX
recommending that the City Council certify the EIR, Resolution 14-XX recommending that the
City Council approve the proposed General Plan and Specific Plan amendments, Resolution 14-
XX recommending that the City Council approve the proposed Planned Development rezoning,
and Resolution 14-XX recommending that the City Council approve the proposed Site
Development Review and Vesting Tentative Map, which Resolutions are incorporated herein by
reference and available for review at City Hall during normal business hours; and
WHEREAS, a Draft Ordinance approving the proposed Development Agreement is
attached to this Resolution as Exhibit A, with the Development Agreement as Exhibit B, which
exhibit is incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby recommend that the City Council make the following findings and determinations
regarding the proposed Development Agreement:
1. The Development Agreement is consistent with the objectives, policies, general
land uses and programs specified and contained in the City's General Plan, and in the Dublin
Village Historic Area Specific Plan in that: (a) the General Plan and Specific Plan land use
designations (as amended), policies, programs and objectives are incorporated into the
Development Agreement and not altered by the Development Agreement; and (b) the Project is
Attachment 6
consistent with the fiscal policies of the General Plan and Specific Plan with respect to the
provision of infrastructure and public services.
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is located.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Project will implement land use guidelines set
forth in the General Plan and Dublin Village Historic Area Specific Plan.
4. The Development Agreement will not be detrimental to the health, safety, and
general welfare in that the Developer's proposed Project will proceed in accordance with all the
programs and policies of the General Plan, Dublin Village Historic Area Specific Plan, and
Project Approvals.
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the Project will be consistent with the
General Plan, the Dublin Village Historic Area Specific Plan, and Project Approvals.
6. The Development Agreement complies with the requirements of §§ 65864 et seq.
of the California Government Code and Dublin Municipal Code Chapter 8.56 and specifies the
duration of the agreement, the permitted uses of the property, the density or intensity of use, the
maximum height and size of proposed buildings, and provisions for reservation or dedication of
land for public purposes. The Development Agreement contains an indemnity and insurance
clause requiring the developer to indemnify and hold the City harmless against claims arising
out of the development process, including all legal fees and costs.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning
Commission does hereby recommend that the City Council adopt the Ordinance, attached as
Exhibit A, approving the Development Agreement between the City of Dublin and Bates Stringer
Ventures related to the Heritage Park Project.
PASSED, APPROVED AND ADOPTED this 10th day of June 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
2277053 . 1
Page 2 of 2
ORDINANCE NO. XX - 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND
BATES STRINGER VENTURES FOR THE HERITAGE PARK PROJECT
PLPA 2013-00002
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Applicant, Bates Stringer Ventures, proposes to demolish an existing 110,000
square foot office complex and develop 54 small-lot single family homes and a two-story 14,000
square foot office building on approximately 6.6 acres in the Dublin Village Historic Area Specific
Plan ("Specific Plan") area. The project proposes a General Plan and Specific Plan Amendment
to change the land use designations on a 5.94 acre portion of the site from Retail/Office (RO) to
Medium Density Residential (MDR), and proposes a PD-Planned Development rezoning with
Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and
Development Agreement for the entire 6.6 acre site. The proposed development and
applications are collectively known as the "Project"; related approvals of the applications are
collectively known as the "Project Approvals"; and
B. The Project site is located at 11875 Dublin Boulevard, west of San Ramon Road;
south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; and
C. The Applicant and City desire to enter into a Development Agreement subject to
certain terms, including a Community Benefit Payment to the City in the amount of $324,000 to
be applied towards future investment and development of the City's heritage assets, and the
vesting of the Project Approvals for five years; and
D. 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
E. The Project is located within the Dublin Village Historic Area Specific Plan area for
which a Mitigated Negative Declaration was adopted on August 1, 2006 by Resolution No. 149-
06. The previous environmental analysis was updated for the Project through a project- and
site-specific Heritage Park Environmental Impact Report ("EIR", SCH # 2013092043). The
Heritage Park EIR analyzed the environmental impacts of the Project, including this Agreement.
The City Council also approved a Mitigation Monitoring and Reporting Program for the
Project. No significant unavoidable impacts were identified in the Heritage Park EIR; and
F. On June 10, 2014, the Planning Commission adopted Resolution 14-XX
recommending that the City Council certify the EIR, which Resolution is incorporated herein by
reference and available for review at City Hall during normal business hours; and
EXHIBIT A TO
ATTACHMENT 6
G. On June 10, 2014, the Planning Commission held a properly noticed public
hearing on the Project, including the proposed Development Agreement, and adopted
Resolution 14-XX recommending that the City Council adopt the Development Agreement,
which Resolution is incorporated herein by reference and available for review at City Hall during
normal business hours; and
H. The City Council held a properly noticed public hearing on the Project, including
the proposed Development Agreement, on 2014 at which time all interested
parties had the opportunity to be heard; and
I. A Staff Report dated , 2014 and incorporated herein by reference, described
and analyzed the Project, including the Development Agreement, for the City Council; and
I. The City Council used their independent judgment and considered the staff report,
the EIR, and all reports, recommendations and testimony referenced above and adopted
Resolution No. 14-XX certifying the EIR prior to approving the Development Agreement; and
J. The City Council has considered the recommendation of the Planning Commission
on the Development Agreement, including the Planning Commission's reasons for its
recommendation, the Staff Report, all comments received in writing, and all testimony received
at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
On the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin General Plan; (c) the Dublin Village Historic Area Specific Plan, (d) the EIR, (e) the staff
report; (f) information in the entire record of proceedings for the Project, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general
land uses and programs specified and contained in the City's General Plan, and in the Dublin
Village Historic Area Specific Plan in that: (a) the General Plan and Dublin Village Historic Area
Specific Plan land use designations, policies, programs and objectives are incorporated into the
Development Agreement and not altered by the Development Agreement; and (b) the Project is
consistent with the fiscal policies of the General Plan and Specific Plan with respect to the
provision of infrastructure and public services.
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is located.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Project will implement land use guidelines set
forth in the General Plan and the Dublin Village Historic Area Specific Plan.
4. The Development Agreement will not be detrimental to the health, safety, and
general welfare in that the Developer's proposed Project will proceed in accordance with all the
programs and policies of the General Plan, Dublin Village Historic Area Specific Plan, and
Project Approvals.
2
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the Project will be consistent with the
General Plan, the Dublin Village Historic Area Specific Plan, and Project Approvals.
6. The Development Agreement complies with the requirements of §§ 65864 et seq.
of the California Government Code and Dublin Municipal Code Chapter 8.56 and specifies the
duration of the agreement, the permitted uses of the property, the density or intensity of use, the
maximum height and size of proposed buildings, and provisions for reservation or dedication of
land for public purposes. The Development Agreement contains an indemnity and insurance
clause requiring the developer to indemnify and hold the City harmless against claims arising
out of the development process, including all legal fees and costs.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the
Ordinance) and authorizes the City Manager to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the
City Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect on the date the Applicant acquires fee title to the
Property. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of
2014 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2277070.1
3
a �
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Maii To.
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DUBLIN CROSSINGS, LLC
FOR THE HERITAGE PARK PROJECT
EXHIBIT B TO
ATTACHMENT 6
THIS DEVELOPMENT AGREEMENT ("Agreement" or "Development
Agreement") is made and entered into in the City of Dublin on this !_LF,4, day of
j',j_kY 2014, by and between the CITY OF DUBLIN, a Municipai
Corporation ("City") and DUBLIN CROSSINGS, LLC, a California limited liabl']�'L;y
company ("Developer") pursuant to the authority of §§ 65864 et seq. o1:the
California Government Code and Dublin Municipal Code, Chapter 8.56. City and
Developer are, from time-to-time, individually referred to in this Agreement as a
"party," and are collectively referred to as "parties."
RECITALS
A. California Government Code §§ 65864 et seq. ("Development
Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code ("Chapter
8.56") authorize the City to enter into a development agreement for the
development of real property with any person having a legal or equitable interest
in such property in order to establish certain development rights in such property.
B. Developer has the right to purchase certain real property consisting
of approximately 6.6 acres of land in the southwest corner of Dublin Boulevard
and San Ramon Road, (APN 941-1550-005-03) and that is more particularly
described in Exhibit A attached hereto and is incorporated herein by reference
("the Property").
C. Developer, or its predecessor in interest, has applied for, and City
has approved or is processing, various land use approvals in connection with the
development of the Project, including, without limitation, a General Plan
Amendment, and Dublin Village Historic Area Specific Plan Amendment
(Resolution No. , adopted by the City Council on , 2014); a Planned
Development rezoning with related Stage 1 and 2 Development Plan (Ordinance
2014); Site Development Review and Vesting Tentative Tract Map
(Resolution 2014; and this Development Agreement. All such
approvals, collectively, together with any approvals or permits now or hereafter
issued with respect to the Project, are referred to as the "Project Approvals."
None of the Project Approvals take effect until the Development Agreement takes
effect.
D. The proposed project (the "Project") on the Property includes the
demolition of a 110,000 square foot existing office complex known as "Heritage
Park," the construction of 54 small-lot single-family homes, and the construction
of a two-story 14,000 square foot office building.
E. City desires the timely, efficient, orderly and proper development of
the Project.
F. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan, as amended, and
the Dublin Village Historical Area Specific Plan, as amended, and has been
2259764.2 2
reviewed and evaluated in accordance with the Development Agreement Statute
and Chapter 8.56.
G. City and Developer have reached agreement 2T)d desire to eXpr-ess
herein a Development Agreement that will facilitate development of the Project,
subject to conditions set forth herein.
H. The Project is located within the Dublin Village Historic Area
Specific Plan area for which a Mitigated Negative Declaration was adopted on
August 1, 2006 by Resolution No. 149-06. The previous environmental analysis
was updated for the Project through a project- and site-specific Heritage Park
Environmental Impact Report (SCH # 2013092043), certified by the City Council
in Resolution No. -2014 ("Heritage Park EIR"). The Heritage Park EIR
analyzed the environmental impacts of this Agreement. The City Council also
approved a Mitigation Monitoring and Reporting Program for the Project. No
significant unavoidable impacts were identified in the Heritage Park EIR.
I. On - , _2014, the City Council adopted Ordinance No.
approving this Development Agreement ("the Approving Ordinance"). The
Approving Ordinance states that it will take effect on the date the Developer
acquires fee title to the Property (the "Ordinance Effective Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows.-
AGREEMENT
1. Description of Property.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest of Developer.
The Developer has an equitable interest in the Property in that it has the
right to acquire the Property for the purpose of developing the Project.
Dublin Municipal Code section 8.56.040 specifies that, unless the property
owner is party to development agreements, development agreements are
"conditional upon the close of escrow vesting fee title to the property in the
Developer." Accordingly, the rights and obligations under this Agreement shall
become applicable only upon the Developer's acquiring fee title to the Property.
2259764.2 3
3. Relationship of City and Developer.
it is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by the City and Developer and that the Developer is
not an agent of the City. The City and Developer hereby renounce the existence
of any form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date, Term, and Community Benefit Payment.
4.1. Effective Date. The effective date of this Agreement shall be the
Ordinance Effective Date ("Effective Date").
4.2. Term. The term of this Agreement shall commence on the Effective
Date and extend five (5) years thereafter, unless said term is otherwise
terminated or modified pursuant to the provisions of this Agreement.
4.3. Termination on Sale of Individual Lots. Notwithstanding the
foregoing Section 4.2, the provisions of this Agreement shall terminate with
respect to any individual lot and such lot shall be released from and shall no
longer be subject to this Agreement (without the execution or recordation of any
further document or the taking of any further action) upon the lot being finally
subdivided and sold or leased (for a period longer than one (1) year) to a
member of the public or any other ultimate user. City shall cooperate with
Developer, at no cost to City, in executing in recordable form any document that
Developer (including any successor to the title of the Developer in and to any of
the aforedescribed lots) may submit to confirm the termination of this Agreement
as to any such lot.
4.4. Community Benefit Payment. The Developer shall provide a
Community Benefit Payment of$6,000 per unit, for a total payment of $324,000,
payable to the City on or before the recordation of the first final subdivision map
for the Project creating residential lots. The Community Benefit Payment will be
applied towards future investment and development of the City's heritage assets,
including but not limited to the Heritage Park and Museums site.
This Term survives the expiration of this Agreement.
5. Use of the Property.
5.1. Right to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments
to any of them as shall, from time to time, be approved pursuant to this
Agreement. (Such amendments, once effective, shall become part of the law
22597642 4
Developer is vested into without an additional amendment of this Agreement.)
Notwithstanding the foregoing or anything to the contrary herein, any amendment
to the General Plan or the Specific Plan not in effect on the Effective Date shall
not become part of tne lava Developer is vested Into Linder this Agreement unless
an additional amendment of this Agreement is entered into bebiveen Developer
and City in accordance with state and City laws.
5.2. Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk, and size of proposed buildings,
the provisions for reservation or dedication of land for public purposes, the
location and maintenance of on-site and off-site improvements, the location of
public utilities (operated by the City), and other terms and conditions of
development applicable to the Property, shall be those set forth in this
Agreement, the Project Approvals and any amendments to this Agreement or the
Project Approvals, subject to the provisions of Section 5.1.
5.3. Rules Regardin
_q Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property and governing density and intensity
of use of the Property and the maximum height, bulk and size of proposed
buildings shall be those in force and effect on the Effective Date of the
Agreement.
5.4. Rules Regarding Design and Construction. Unless otherwise
expressly provided in Paragraph 5 of this Agreement, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect at the time of the applicable discretionary approval,
whether the date of that approval is prior to or after the date of this Agreement.
Ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards, and specifications applicable to public
improvements to be constructed by Developer shall be those in force and effect
at the time of the applicable discretionary approval, whether the date of that
approval is prior to or after the date of this Agreement.
5.5. Building and Other Codes Applicable. The Project shall be
constructed in accordance with the provisions of the Building, Mechanical,
Plumbing, Electrical, and Fire Codes and Title 24 of the California Code of
Regulations, relating to Building Standards, in effect at the time of approval of the
appropriate building, grading, encroachment or other construction permits for the
Project.
6. Subsequently Enacted Rules and Regulations.
6.1. New Rules and Regulations. During the term of this Agreement,
the City may apply new or mQdified ordinances, resolutions, rules, regulations
2259764.2 5
and official policies of the City to the Property, which viere not in force and effect
on the Effective Date of this Agreement and which are not in conflict�jith those
applicable to the Property as set forth in this Agreement if- (a) the application of
such nekiv or modlfled ordinances, resolutions, Tales, regulations or official
policies would not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations, or
official policies have general applicability.
6.2. Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions, rules, regulations, and policies except that such subsequent actions
shall be subject to any conditions, terms, restrictions, and requirements expressly
set forth herein.
7. Subsequently Enacted or Revised Fees, Assessments and Taxes.
Notwithstanding anything to the contrary contained herein, the Project
shall be subject to subsequently enacted or revised fees, assessments and taxes
adopted by the City after the Effective Date of this Agreement. Nothing in this
Agreement creates a vested right for the Project in the amount or type of fees,
assessments and taxes in effect on the Effective Date of this Agreement.
8. Amendment or Cancellation.
8.1. Modification Because of Conflict with State or Federal Laws. The
Project and Property shall be subject to state and federal laws and regulations
and this Agreement does not create any vested right in state and federal laws
and regulations in effect on the Effective Date. In the event that state or federal
laws or regulations enacted after the Effective Date of this Agreement prevent or
preclude compliance with one or more provisions of this Agreement or require
changes in plans, maps, or permits approved by the City, the parties shall meet
and confer in good faith in a reasonable attempt to modify this Agreement to
comply with such federal or state law or regulation. Any such amendment or
suspension of the Agreement shall be subject to approval by the City Council in
accordance with Chapter 8.56.
8.2. Amendment by Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of state law and Chapter 8.56.
8.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding Paragraph 8.2, any amendments to this Agreement that do not relate
to (a) the term of the Agreement as provided in Paragraph 4.2; (b) the permitted
uses of the Property as provided in Paragraph 5.2; (c) the density or intensity of
2259764.2 6
use of the Project; (d) the maximum height or size of proposed buildings" or (a)
monetary contributions by Developer as provided in this Agreement, shall not,
except to the extent otherwise required by law, require notice or public hearing
before either the Planning Commission or the city COLincil before the parties mD-Y
execute an amendment hereto.
8.4. Cancellation By Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56.
9. Annual Review.
9.1. Review Date. The annual review date for this Agreement shall be
between June 1 and July 1, 2015 and thereafter between each June 1 and July 1
during the Term.
9.2. Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
9.3. Staff Reports. To the extent practical, the City shall deposit in the
mail and fax to Developer a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
9.4. Costs. Costs reasonably incurred by the City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
10. Default.
10.1. Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or in equity that are not
otherwise provided for in this Agreement or in the City's regulations governing
development agreements, expressly including the remedy of specific
performance of this Agreement.
10.2. Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service Qf such notice of default, the nondefaulting party
2259764.2 7
may then commence any legal or equitable action to enforce its rights under this
Agreement-, provided, however, that, if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action sc long, as the de"FaultIng party begins to cure Such default oJxjithin
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
10.3. No Damages Against City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against the
City upon an event of default or upon termination of this Agreement.
11. Estoppel Certificate.
Either party may, at any time, and from time to time, request written notice
from the other party requesting such party to certify in writing that (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or, if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party, the requesting party is not in default in the performance of its
obligations under this Agreement, or, if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonably be agreed to by the parties.
City Manager of the City shall be authorized to execute any certificate requested
by Developer. Should the party receiving the request not execute and return
such certificate within the applicable period, this shall not be deemed to be a
default, provided that such party shall be deemed to have certified that the
statements in clauses (a) through (c) of this Section are true, and any party may
rely on such deemed certification.
12. Mortgagee Protection; Certain Rights of Cure.
12.1. Mortgagee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish, or impair the lien of any Mortgage made in good faith
and for value, but all the terms and conditions contained in this Agreement shall
be binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
12.2. Mortgagee Not Obligated. Notwithstanding the provisions of
Section 12.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
2259764.2 8
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any tee, dedication, improvements or other exaction
or imposition; pmv� ded, hoajljever, that the Mortgagee sinall not Ice -entitled tc
devote the Property to any uses or to construct any improvements therecn other
than those uses or improvements provided for or authorized by the Project
Approvals or by this Agreement.
12.3. Notice of Default to Mortgagee and Extension of Right to Cure. If
the City receives notice from a Mortgagee requesting a copy of any notice of
default given Developer hereunder and specifying the address for service
thereof, then the City shall deliver to such Mortgagee, concurrently with service
thereon to Developer, any notice given to Developer with respect to any claim by
the City that Developer has committed an event of default. Each Mortgagee shall
have the right during the same period available to Developer to cure or remedy,
or to commence to cure or remedy, the event of default claimed set forth in the
City's notice. The City, through its City Manager, may extend the thirty-day cure
period provided in Paragraph 10.2 for not more than an additional sixty (60) days
upon request of Developer or a Mortgagee.
13. Severabilit .
The unenforceability, invalidity, or illegality of any provision, covenant,
condition, or term of this Agreement shall not render the other provisions
unenforceable, invalid, or illegal.
14. Attorneys' Fees and Costs.
If the City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs in addition to any other
relief to which it may otherwise be entitled. If any person or entity not a party to
this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the parties shall
cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse the
City for all reasonable court costs and attorneys' fees expended by the City in
defense of any such action or other proceeding.
15. Transfers and Assignments.
15.1. Right to Assign. Developer may wish to sell, transfer, or assign all
or portions of its Property to another entity (each such other entity is referred to
as a "Transferee"). In connection with any such sale, transfer, or assignment to a
Transferee, Developer may sell, transfer, or assign to such Transferee any or all
rights, interests, and obligatipns of Developer arising hereunder and that pertain
2259764.2 9
to the portion of the Property being sold or transferred to such Transferee,
provided, however, that- no such transfer, sale, or assignment of Developer's
rights, interests, and obligations hereunder shall occur without prior written notice
to City and approval by the City Manager, �,%,°hjch apprcval seal not be
unreasonably withheld or delayed.
15.2. Approval and Notice of Sale, Transfer or Assignment. The City
Manager shall consider and decide on any transfer, sale, or assignment within
ten (10) days after Developer's notice, provided all necessary documents,
certifications, and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer,
or assignment (which includes a description of all rights, interests and obligations
that have been transferred and those which have been retained by Developer)
shall be recorded in the official records of Alameda County, in a form acceptable
to the City Manager, concurrently with such sale, transfer, or assignment.
15.3. Release Upon Transfer. Upon the transfer, sale, or assignment of
all of Developer's rights, interests, and obligations hereunder pursuant to
Paragraph 15.1 of this Agreement, Developer shall be released from the
obligations under this Agreement, with respect to the Property transferred, sold,
or assigned, arising subsequent to the date of City Manager approval of such
transfer, sale, or assignment, provided, however, that if any Transferee approved
by the City Manager expressly assumes all of the rights, interests, and
obligations of Developer under this Agreement, Developer shall be released with
respect to all such rights, interests, and assumed obligations. In any event, the
transferee, purchaser, or assignee shall be subject to all the provisions hereof
and shall provide all necessary documents, certifications, and other necessary
information prior to City Manager approval.
15.4. Developer's Right to Retain Specified Rights or Obligations.
Notwithstanding Paragraphs 15.1 and 15.2 and Paragraph 16, Developer may
withhold from a sale, transfer, or assignment of this Agreement certain rights,
interests, and/or obligations, which Developer shall retain, provided that
Developer specifies such rights, interests, and/or obligations in a written
document to be appended to this Agreement and recorded with the Alameda
County Recorder prior to the sale, transfer, or assignment of the Property.
Developer's Transferee shall then have no interest or obligations for such rights,
interests and obligations, and this Agreement shall remain applicable to
Developer with respect to such retained rights, interests, and/or obligations.
16. Agreements Run With the Land
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement shall be binding upon the parties and their respective heirs,
successors and assigns, representatives, lessees, and all other persons
2259764.2 10
acquiring the Property, or any portion thereof, Or any interest therein, whether by
Operation of law or in any manner whatsoever. All of the provisions of this
Agreement shall be enforceable as equitable servitude and shall constitute
covenants running �jvith the land pursuant to applicable includ,�ng, but not
limped to, Section 1468 of the Civil Code of the State of California. Each
covenant to do, or refrain from doing, some act on the Property hereunder, or
with respect to any owned property (a) is for the benefit of such properties and is
a burden upon such properties, (b) runs with such properties, and (c) is binding
upon each party and each successive owner during its ownership of such
properties or any portion thereof, and shall be a benefit to and a burden upon
each party and its property hereunder and each other person succeeding to an
interest in such properties.
17. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
18. Indemnification.
Developer agrees to indemnify, defend and hold harmless the City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of the City, its contractors, subcontractors, agents or employees or with
respect to the maintenance, use or condition of any improvement after the time it
has been dedicated to and accepted by the City or another public entity (except
as provided in an improvement agreement or maintenance bond). If City is
named as a party to any legal action, City shall cooperate with Developer, shall
appear in such action and shall not unreasonably withhold approval of a
settlement otherwise acceptable to Developer.
19. Insurance.
19.1. Public Liability and Property Damage Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar
($100,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause,or cross-liability endorsement.
2259764.2 11
19.2. Workers Compensation insurance. During the term of this
Agreement, Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for viork at the Project site. Developer shall
reqUiTe each contTactor and sirnllarly to provide VVorIK_-r's
Compensation insurance for its respective _employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
19.3. Evidence of Insurance. Prior to issuance of any permits for the
Project, including grading permits, Developer shall furnish the City satisfactory
evidence of the insurance required in Sections 19.1 and 19.2 and evidence that
the carrier is required to give the City at least fifteen (15) days prior written notice
of the cancellation or reduction in coverage of a policy. The insurance shall
extend to the City, its elective and appointive boards, commissions, officers,
agents, employees, and representatives and to Developer performing work on
the Project.
20. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to the City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fax No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Scott L. Stringer
Dublin Crossings, LLC
875 Orange Blossom Way
Danville, CA 94526
Fax No. (925) 831-9368
A party may change its address by giving notice in writing to the other
party. Thereafter, all notices shall be addressed and transmitted to the new
address. Notices shall be deemed given and received upon personal delivery,
or, if mailed, upon the expiration of 48 hours after being deposited in the United
States Mail. Notices may also be given by overnight courier which shall be
deemed given the following day or by facsimile transmission which shall be
deemed given upon verification of receipt.
2259764.2 12
21. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and .agreement of the
Fades.
22. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
23. Counterparts.
This Agreement is executed in three (3) duplicate originals, each of which
is deemed to be an original.
24. Recordation.
The City shall record a copy of this Agreement within ten (10) days
following the Effective Date.
[Execution Page Follows]
2259764.2 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUSLll1,l DEVELOPER
DUBLIN CROSSINGS, LLC, a California
limited liability company
By:
Chris Foss, Acting City Manager
By: 15��4=
Attest: By The Strin ompany, Inc.,
Its: Managing Member
By Scott L. Stringer,
Its: President
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
(NOTARIZATION ATTACHED)
2259764.2 14
State of California
County of Contra Costa
On 14th day of May, 2014 before me, J. Hirayama a Notary Public, personally appeared Scott L. Stringer, v�iho proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal. J. HIRAYAMA
a�w
Commission#2022559
Signature: i . Notary Public -California Z
Contra Costa County D
Name: J. Hirayama MY Comm.Expires May 15,2017
(typed or printed) (Seal)
JH/jh
Exhibit A
Leg2l Description of the Property
ORDER NO. , 0118006974-�I
The land referred to is situated in the County of Alameda, City of Dublin, State of California, and
is described as follows:
Parcel One:
Parcel C, "Parcel Map 2834", filed May 23, 1979, Map Book 111, Page 9, Alameda County
Records.
Parcel Two:
Together with a non-exclusive easement for pedestrian and vehicular ingress and egress and
parking of vehicles of owners, tenants, agents, employees and invitees, over Parcels A and B as
:said Parcels are shown on said Map, as provided for in the Declaration of Restrictions, recorded
May 25, 1979, Recorder's Series No. 79-100366, Alameda County Records, as granted in the
Deed by Heritage Parks Associates, a limited partnership, to Daon Corporation, a corporation,
recorded May 25, 1979, Series No. 79-100367, Alameda County Records.
APN: 941-1550-005-03
Page 1 of 1
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Order: 1 Comment:
RESOLUTION NO. 14-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT
REPORT AND ADOPT CEQA MITIGATION FINDINGS AND A MITIGATION MONITORING
AND REPORTING PROGRAM FOR THE HERITAGE PARK PROJECT
PLPA 2013-00002
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing
110,000 square foot office complex and develop 54 small lot single-family homes and a two-
story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic
Area Specific Plan ("Specific Plan") area. The project proposes a General Plan and Specific
Plan Amendment to change the land use designations on a 5.85 acre portion of the site from
Retail/Office (RO) to Medium Density Residential (MDR), and proposes a PD-Planned
Development rezoning with Stage 1 and Stage 2 Development Plan, Site Development Review,
Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The proposed
development and applications are collectively known as the "Project", and
WHEREAS, the Project site is located at 11875 Dublin Boulevard, west of San Ramon
Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; and
WHEREAS, the City prepared Draft and Final EIRs (together "EIR") for the Project, as
further described in attached Exhibit A. The Planning Commission considered the EIR and
other documents and testimony in connection with a public hearing on the Project on June 10,
2014; and
WHEREAS, the Draft and Final EIRs are separately bound documents, incorporated
herein by reference, and are available for review in the Planning division of the Community
Development Department at City Hall, 100 Civic Plaza, Dublin CA 94568, during normal
business hours, file PLPA 2013-00002.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The foregoing recitals are true and correct and made a part of this resolution.
B. The Dublin Planning Commission has reviewed and considered the Environmental Impact
Report and hereby recommends that the City Council adopt the resolution attached as
Exhibit A and incorporated herein by reference certifying the Environmental Impact Report
as complete, adequate and in compliance with CEQA and the City of Dublin's Environmental
Guidelines, and adopting all required mitigation findings and a Mitigation Monitoring and
Reporting Program.
PASSED, APPROVED, AND ADOPTED this 10th day of June 2014 by the following vote:
AYES:
1 ATTACHMENT 7
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
2272214.1
2
RESOLUTION NO. XX-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND ADOPTING CEQA
MITIGATION FINDINGS AND A MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE HERITAGE PARK PROJECT
PLPA 2013-00002
WHEREAS, the Applicant, Bates Stringer Ventures, proposes to demolish an existing
110,000 square foot office complex and develop 54 small lot single-family homes and a two-
story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic
Area Specific Plan ("Specific Plan") area. The project proposes a General Plan and Specific
Plan Amendment to change the land use designations on a 5.94 acre portion of the site from
Retail/Office (RO) to Medium Density Residential (MDR), and proposes a PD-Planned
Development rezoning with Stage 1 and Stage 2 Development Plan, Site Development Review,
Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The proposed
development and applications are collectively known as the "Project"; and
WHEREAS, the Project site is located at 11875 Dublin Boulevard, west of San Ramon
Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; 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, the City determined that an Environmental Impact Report ("EIR") should be
prepared for the Project and circulated a Notice of Preparation dated September 18, 2013 to
public agencies and interested parties for consultation on the scope of the EIR; and
WHEREAS, the City prepared a Draft EIR dated March 2014 (SCH No. 2013092043)
which is attached as Exhibit A and incorporated herein by reference. The Draft EIR reflected
the independent judgment of the City as to the potential environmental effects of the Project.
The Draft EIR was circulated for the required 45 day public review period, from March 3, 2014 to
April 17, 2014; and
WHEREAS, the City received comment letters on the Draft EIR from local agencies, the
local historic preservation association and two individuals, the City prepared a Final EIR dated
May 2014 which is attached as Exhibit B and incorporated herein by reference. The Final EIR
contains written responses to all comments received during the public review period, which
responses provide the City's good faith, reasoned analysis of the environmental issues raised
by the comments; and
WHEREAS, a Staff Report, dated June 10, 2014 and incorporated herein by reference,
described and analyzed the Draft and Final EIRs and the Project for the Planning Commission;
and
1 EXHIBIT A TO
ATTACHMENT 7
WHEREAS, the Planning Commission reviewed the Staff Report, the Draft EIR, and the
Final EIR (including responses to comments) at a noticed public hearing on June 10, 2014 at
which time all interested parties had the opportunity to be heard; and
WHEREAS, following the public hearing and based on the record before it, the Planning
Commission adopted Resolution 14-XX recommending certification of the EIR and Resolutions
14-XX, 14-XX, 14-XX and 14-XX recommending approval of the Project General Plan and
Specific Plan amendments, the PD-Planned Development rezoning with related Stage 1 and 2
Development Plan, Site Development Review and Vesting Tentative Map, and the Development
Agreement, all of which resolutions are incorporated herein by reference and available for
review during normal business hours in the Planning Division at City Hall at 100 Civic Plaza,
Dublin, CA 94568; and
WHEREAS, a Staff Report, dated 2014 and incorporated herein by reference,
described and analyzed the Draft and Final EIRs and the Project for the City Council; and
WHEREAS, the City Council reviewed the Staff Report, the Draft EIR, and the Final EIR
(including responses to comments) at a noticed public hearing on , 2014 at which time
all interested parties had the opportunity to be heard; and
WHEREAS, the Draft and Final EIRs reflect the City's independent judgment and
analysis on the potential for environmental impacts from implementation of the Project and
together constitute the Environmental Impact Report for the Heritage Park project; and
WHEREAS, the EIR identified several potentially significant impacts that will be reduced
to a less than significant level with specified mitigation measures; therefore, approval of the
Project will require adoption of findings on impacts and mitigations as set forth in attached
Exhibit C; and
WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is
attached as Exhibit D; and
WHEREAS, the Draft EIR and Final EIR are available for review in the City Planning
Division during normal business hours, file no. PLPA-2013-00002. The custodian of the
documents and other materials which constitute the record of proceedings for the Heritage Park
project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA
94568, attn: Mike Porto.
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 Dublin City Council certifies as follows:
A The EIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of
Dublin Environmental Guidelines.
B. The EIR was presented to the City Council who reviewed the considered the information
contained therein prior to approving the Project.
C. The EIR reflects the City's independent judgment and analysis on the potential for
2
environmental effects of the Heritage Park project.
D. The EIR consists of the Draft and Final EIR documents, attached as Exhibits A and B which
are on file at City Hall and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Dublin City Council adopts the mitigations and
mitigation findings set forth in Exhibit C, and the Mitigation Monitoring and Reporting Program set
forth in Exhibit D, which Exhibits C and D are incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED this day of , 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2277295.2
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HERITAGE PARK
Draft Environmental Impact Report
SCH# 2013092043
March 2014
Heritage Park Draft EIR
Table of Contents
Table of Contents
Executive Summary
Summaryof Proposed Project............................................................................................................................. I
I. Introduction 1-1
Purpose......................................................................................................................................................................... 1-1
EnvironmentalReview Process........................................................................................................................ 1-1
ReportOrganization.............................................................................................................................................. 1-3
ImpactTerminology............................................................................................................................................... 1-6
2. Project Description 2-1
2.2 Regional Location.....................................................................................................................................2-1
2.3 Project Location........................................................................................................................................2-1
2.4 Existing Setting/ Baseline Conditions............................................................................................2-1
2.4 Existing General Plan Land Use Designations and Zoning................................................2-2
2.5 Purpose and Objectives.......................................................................................................................2-2
2.6 Proposed Land Uses..............................................................................................................................2-3
2.7 Circulation and Parking.........................................................................................................................2-4
2.8 Infrastructure Improvements..............................................................................................................2-5
2.9 Construction Activities..........................................................................................................................2-6
2.10 Requested Actions, Entitlements, and Required Approvals..............................................2-7
3. Environmental Setting, Impacts& Mitigation Measures 3-1
3.1 Aesthetics.....................................................................................................................................................3-3
3.2 Air Quality.................................................................................................................................................3-13
3.3 Cultural Resources...............................................................................................................................3-43
3.4 Geology and Soils.................................................................................................................................3-55
3.5 Greenhouse Gas Emissions and Climate Change...............................................................3-69
3.6 Hazards and Hazardous Materials................................................................................................3-83
3.7 Hydrology and Water Quality.......................................................................................................3-95
3.8 Land Use and Planning....................................................................................................................3-1 1 1
3.9 Noise.............................................................................................................................................I...........3-117
3.10 Public Services and Utilities...........................................................................................................3-131
P�=„K—*y-H-
-d Associates.Inc.
Page i
Heritage Park Draft EIR
Table of Contents
4. CEQA Considerations 4-1
4.1 Significant and Unavoidable Environmental Effects................................................................4-1
4.2 Significant Irreversible Changes.........................................................................................................4-1
4.3 Growth Inducement...............................................................................................................................4-2
4.4 Energy Conservation..............................................................................................................................4-3
4.5 Effects Found Not to be Significant................................................................................................4-6
4.6 Cumulative Impacts.................................................................................................................................4-8
4.7 Project Alternatives..............................................................................................................................4-14
5. References 5-1
ReferencesCited.....................................................................................................................................................5-1
Listof Preparers.......................................................................................................................................................5-5
Appendices
Appendix A: Notice of Preparation (NOP) and Responses to the NOP
Appendix B: Air Quality—Air Quality Modeling
Appendix C: Geology and Soils — Geotechnical Report and Fault Rupture Hazard
Investigation
Appendix E: Hazards and Hazardous Materials - Phase I Environmental Site Assessment
(ESA)
Appendix F: Hydrology and Water Quality —Technical Memorandum
Appendix G: Noise
Note: Appendices are available for down load from the City of Dublin's web site:
(www. o:dub&i .ca.us)
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Table of Contents
List of Figures
Note —Fgures are located at the end of each respective section in the Draft EIR.
Figure 2-1: Regional Location
Figure 2-2: Project Vicinity
Figures 2-3a: Photographs of the Project Site
Figure 2-3b: Photographs of the Project Site
Figure 2-4: Surrounding Land Uses
Figure 2-5: Site Plan
Figure 2-6a: Conceptual Residential Design
Figure 2-6b: Conceptual Residential Design
Figure 2-7a: Conceptual Commercial Office Building Design
Figure 2-7b: Conceptual Commercial Office Building Design
Figure 2-8: Preliminary Utility Plan
Figure 2-9: Preliminary Storm Water Management Plan
Figure 2-10: Demolition Plan
Figure 2-1 1: Preliminary Grading Plan
Figure 2-12: Tree Removal Plan
Figure 2-13: Landscaping Plan
Figure 3.4-1: Alquist Priolo Earthquake Fault Zone Map for the Calaveras Fault
Figure 3.4-2: Calaveras Fault Traces and Exploratory Trenching
Figure 3.4-3: Habitable Building Setback Zone
Figure 3.7-1: FEMA Flood Zones
Figure 3.8-1: Existing General Plan Land Use Designations
Figure 3.8-2: Existing Zoning Designations
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Table of Contents
Figure 3.8-3: Proposed General Plan and Specific Plan Land Use Map
Figure 3.9-1: Proposed Noise Reduction Measures
List of Tables
Table S-1: Executive Summary of Project Impacts.........................................................................................3
Table 2-1: Existing and Proposed Water Demand....................................................................................2-6
Table 3.2-1: Local Ambient Air Quality Levels.........................................................................................3-15
Table 3.2-2: National and California Ambient Air Quality Standards...........................................3-21
Table 3.2-3: BAAQMD Project Level Thresholds.................................................................................3-23
Table 3.2-4: San Francisco Bay Air Basin Attainment Status I.........................................................3-26
Table 3.2-5: Proposed Project Construction Emissions.......................................................................3-28
Table 3.2-6: Proposed Project Long-Term Operational Emissions................................................3-34
Table 3.5-1: BAAQMD GHG Thresholds..................................................................................................3-77
Table 3.5-2: Estimated Greenhouse Gas Emissions................................................................................3-79
Table 3.5-3: Project Consistency with the City's Climate Action Plan Measures .................3-81
Table 3.7-1: Pre- and Post- I 0-Year Stormwater Flows...................................................................3-104
Table 3.8-1: City of Dublin General Plan Consistency Analysis....................................................3-1 14
Table3.9-1: Noise Descriptors.......................................................................................................................3-1 18
Table3.9-2: Noise Measurements................................................................................................................3-1 19
Table 3.9-3: City of Dublin Land Use Compatibility for Community Noise Environments
.........................................................................................................................................................................3-121
Table 3.9-4: Maximum Nose Levels Generated by Construction Equipment......................3-123
Table 3.9-5: Typical Vibration Levels for Construction Equipment............................................3-126
Table 3.9-6: Maximum Noise Levels Generated by Parking Lots................................................3-128
Table 3. 10-1: Enrollment Capacity of Schools Serving the Project Site....................................3-132
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Table 3.10-2: DSRSD Current and Projected Water Meter Connections by Customer Type
.........................................................................................................................................................................3-134
Table 3.10-3: Wastewater Generation.......................................................................................................3-145
Table 3.10-5: Proposed Project Solid Waste Generation Rates.................................................3-148
Table 4-1: Trip Generation of the Proposed Project Compared to Existing Conditions.....4-8
Table 4 -2: Comparison of Project Alternatives to the Proposed Project................................4-19
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Executive Summary
Executive Summary
This summary provides a brief description of the proposed project, known areas of
concern, project alternatives, and all potentially significant impacts identified during the
course of this environmental analysis. This summary is intended as an overview and should
be used in conjunction with a thorough reading of the Draft EIR. The text of this report,
including figures, tables and appendices, serves as the basis for this summary.
Summary of Proposed Project
Project Location
The project site is located at 1 1875 Dublin Boulevard (known as the Heritage Park office
complex) within the Dub/in Vi//age Historic Area Specific Plan area in the City of Dublin.
The project site is bound by San Ramon Road to the east; Dublin Boulevard to the north;
and Donlon Way to the west; and Interstate 580 (1-580) to the south.
Project Description
The Heritage Park project (hereinafter ''proposed project'')(City of Dublin Project
Application # PLPA 2013-00002) is a General Plan and Specific Plan Amendment to
change the land use designations of the project site from ''Retail/Office" to ''Medium
Density Residential.'' The proposed project would include the demolition of an 1 10,000
square foot existing office complex known as the "Heritage Park" office complex and
would construct 54 small-lot single family homes and a two-story 14,000 square foot office
building on approximately 6.6 acres at 1 1875 Dublin Boulevard. Project entitlements
include the following:
Stage I and Stage 2 Development Plan
Site Development Review
Vesting Tentative Tract Map(s)
Heritage Tree Removal Permit
Development Agreement
Summary of Environmental Impacts
All impacts identified in the subsequent environmental analysis are summarized in Table S-
1: Executive Summary of Project Impacts, which identifies impacts by each technical section.
Where mitigation measures are proposed, their title is included in the table. A complete
description of each mitigation measure can be found in the respective environmental
resource section.
Summary of Cumulative Considerable Effects
The proposed project would not result in any significant cumulative impacts.
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Executive Summary
Summary of Alternatives
CEQA Guidelines require that an EIR describe and evaluate alternatives to the project that
could eliminate significant adverse project impacts or reduce them to a less-than-significant
level. The following alternatives are evaluated in this EIR in the Chapter 4 - CEQA
Considerations.
• Alternative #I — No Project Alternative
• Alternative #2 — Retail/Office Alternative
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Executive Summary
Table S-1: Executive Summary of Project Impacts
Project Impacts Level of Significance Mitigation Measures Resulting Level of
Without Mitigation Significance
Aesthetics
Impact 3.1-1: Damage Less than Significant No mitigation measures necessary Less than Significant
to Scenic Resources
along Scenic Highways
Impact 3.1-2: Less than Significant No mitigation measures necessary Less than Significant
Degradation of the
Visual Character of the
Project Site and
Surrounding Area
Impact 3.1-3: Light and Less than Significant No mitigation measures necessary Less than Significant
Glare
Air Quality
Impact 3.2-1: Short- Potentially MM 3.2-1 a: Implement Short-term Less than Significant
term Construction Significant Construction Best Management
Emissions Practices
MM 3.2-1 b: Implement NOX
Reduction Measures
Impact3.2-2: Long- Potentially MM 3.2-2: Implement only natural Less than Significant
Term Operational Significant gas hearths in residential units
Emissions—Regional
Emissions
Impact 3.2-3: Long- Less than Significant No mitigation measures necessary Less than Significant
Term Operational
Emissions- Localized
Carbon Monoxide
(CO)
Impact 3.2-4: Long- Potentially MM 3.2-4: Provide Upgraded Less than Significant
Term Operational Significant Ventilation Systems. Exposure to
Emissions—Toxics Air Odorous Emissions
Contaminants
Impact 3.2-5: Exposure Less than Significant No mitigation measures are Less than Significant
to Odorous Emissions necessary
Impact 3.2-6: Long- Less than Significant No mitigation measures are Less than Significant
Term Operational necessary
Emissions—Clean Air
Plan Consistency.
Cultural Resources
Impact 3.3-1: Historical Less than Significant No mitigation measures necessary Less than Significant
Resources
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Executive Summary
Project Impacts Level of Significance Mitigation Measures Resulting Level of
Without Mitigation Significance
Impact 3.3-2: Potentially MM 3.3-2a: Archaeological Less than Significant
Archaeological Significant Monitoring and MM 3.3-2b: Halt
Resources Work/Archaeological Evaluation
Site Specific Mitigation
Impact 3.3-3: Potentially MM 3.3-3: Halt Less than Significant
Paleontological Significant Work/Paleontological
Resources Evaluation/Site Specific Mitigation
Impact 3.3-4: Disturb Potentially MM 3.3-4: Halt Work/Coroner's Less than Significant
Human Remains Significant Evaluation/Native American
Interred Outside of Heritage Consultant/Compliance
Formal Cemeteries with Most Likely Descendent
Recommendations
Geology and Soils
Impact 3.4-1: Potential Less than Significant No mitigation measures necessary Less than Significant
for Landslides
Impact 3.4-2: Potential Less than Significant No mitigation measures necessary Less than Significant
for Fault Rupture
Impact 3.4-3: Exposure Potentially MM 3.4-3: Preparation of Design- Less than Significant
of People or Structures Significant Level Geotechnical Report
to Seismic Ground
Impact 3.4-4: Exposure Potentially MM 3.4-3: Preparation of Design- Less than Significant
of People or Structures Significant Level Geotechnical Report
to Liquefaction
Impact 3.4-5: Result in Less than Significant No mitigation measures necessary Less than Significant
Soil Erosion
Impact 3.4-6: Exposure Less than Significant MM 3.4-3: Preparation of Design- Less than Significant
to Expansive Soil Level Geotechnical Report
Greenhouse Gas Emissions and Climate Change
Impact 3.5-1: Less than Significant No mitigation measures necessary. Less than Significant
Greenhouse Gas
Emissions
Impact 3.5-2: Less than Significant No mitigation measures necessary. Less than Significant
Consistency with
Applicable GHG Plans,
Policies, or Regulations
Hazards and Hazardous Materials
Impact 3.6-1: Routine Less than Significant No mitigation measures necessary. Less than Significant
Transport and/or
Disposal of Hazardous
Materials
P1
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Executive Summary
Project Impacts Level of Significance Mitigation Measures Resulting Level of
Without Mitigation Significance
Impact 3.6-2: Less than Significant No mitigation measures necessary Less than Significant
Handle/Emit Hazardous
Materials in the Vicinity
of a School
Impact 3.6-3: Interfere Less than Significant No mitigation measures necessary Less than Significant
with an Emergency
Response
Plan/Emergency
Evacuation Plan
Impact 3.6-4: Potentially MM 3.6-4: Review Files for the Less than Significant
Accidental Conditions Significant former Dublin Square Shopping
During Construction Center and Prepare a Worker
Safety Plan
Impact 3.6-5: Potentially MM 3.6-5: Conduct a Vapor Less than Significant
Accidental Conditions Significant Intrusion Investigation
During Operation
Hydrology and Water Quality
Impact 3.7-1:Violate Less than Significant No mitigation measures are Less than Significant
Water Quality necessary
Standards or Waste
Discharge
Requirements
Impact 3.7-2: Deplete Less than Significant No mitigation measures are Less than Significant
Groundwater Supplies necessary
and Groundwater
Recharge
Land Use and Planning
Impact 3.8-1: Create Less than Significant No mitigation measures are Less than Significant
Land Use necessary
Incompatibilities or
Physically Divide a
Community
Impact 3.8-2: Conflict Less than Significant No mitigation measures are Less than Significant
with Applicable Land necessary
Use Plans, Policies, or
Regulations
Noise
Impact 3.9-1: Exposure Potentially MM 3.9-1: Implement Short-Term Less than Significant
to Short-term Significant Construction Best Management
Construction Related Noise Practices
Noise and Vibration
Impact 3.9-2: Exposure Less than Significant No mitigation measures are Less than Significant
to Short-Term necessary
Construction Related
Vibration
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Executive Summary
Project Impacts Level of Significance Mitigation Measures Resulting Level of
Without Mitigation Significance
Impact 3.9-3: Exposure Less than Significant No mitigation measures are Less than Significant
to Long-Term necessary
Stationary Noise
Impact 3.10-4: Less than Significant No mitigation measures are Less than Significant
Exposure to Long-Term necessary
Mobile Noise
Public Service and Utilities
Impact 3.10-1: Less than Significant No mitigation measures are Less than Significant
Increased Demand for necessary
Fire Protection Service
Impact 3.10-2: Less than Significant No mitigation measures are Less than Significant
Increased Demand for necessary
Law Enforcement
Service
Impact 3.10-3: Less than Significant No mitigation measures are Less than Significant
Increased Demand for necessary
Educational Facilities
Impact 3.10-4: Less than Significant No mitigation measures are Less than Significant
Increased Demand for necessary
Park and Recreation
Facilities
Impact 3.10-5: Less than Significant No mitigation measures are Less than Significant
Increased Density for necessary
Library Services or
Other Public Facilities
Impact 3.10-6: Change Less than Significant No mitigation measures are Less than Significant
in Wastewater necessary
Demand and Extension
of Wastewater
Infrastructure
Impact 3.10-7: Change Less than Significant No mitigation measures are Less than Significant
in Water Demand and necessary
Extension of Water
Infrastructure
Impact 3.10-8: Change Less than Significant No mitigation measures are Less than Significant
in Stormwater Runoff necessary
Impact 3.10-9: Change Less than Significant No mitigation measures are Less than Significant
in Generation of Solid necessary
Waste
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Heritage Park Draft EIR
Introduction
1 . Introduction
Purpose
This project Environmental Impact Report (EIR) addresses the potential environmental
effects of the proposed Heritage Park Office Complex General Plan and Dublin Village
Historic Area Specific Plan Amendment Study (hereinafter the "proposed project'') in
accordance with the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines. A full description of the proposed project is described in Chapter 2: Project
Description.
This EIR focuses on evaluation of the following environmental issue areas: aesthetics, air
quality, cultural resources, geology and soils, greenhouse gases and climate change, hazards
and hazardous materials; hydrology and water quality, land use and planning, noise, public
services and utilities.
This EIR has been prepared in accordance with CEQA, the State CEQA Guidelines and the
City of Dublin Environmental Guidelines. As stated in the CEQA Guidelines, an EIR is an
"informational document" with the intended purpose to: ''inform public agency decision-
makers and the public generally of the significant environmental effects of a project, identify
possible ways to minimize the significant effects, and describe reasonable alternatives to the
project." Although the Draft EIR does not control the ultimate decision on the proposed
project, the City must consider the information in the Draft EIR and respond to each
significant effect identified in the Draft EIR through findings in conjunction with any project
approval. As defined in Section 15382 of the CEQA Guidelines, a ''significant effect on the
environment" is:
"...a substantial, or potentially substantial, adverse change in any of the physical conditions
within the area affected by the project, including land, air, water, minerals, flora, fauna,
ambient noise, and objects of historic or aesthetic significance. An economic or social
change by itself shall not be considered a significant effect on the environment. A social or
economic change related to a physical change may be considered in determining whether a
physical change is significant.''
Environmental Review Process
The review and certification process for the Draft EIR will involve the following procedural
steps:
Notice of Preparation
In accordance with Section 15063(a) of the CEQA Guidelines, the City of Dublin
determined that an EIR would be necessary for the proposed project; therefore an Initial
Study was not prepared. In accordance with Section 15082(a) of the CEQA Guidelines,
the City of Dublin Community Development Department circulated a Notice of
Preparation (NOP) to the Office of Planning and Research (OPR), responsible and trustee
agencies and to the Alameda County Clerk for a period of 30-days to solicit comments on
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Introduction
the scope of the Draft EIR regarding the proposed project (See Appendix A). The
comment period of the NOP was from Friday, September 20, 2013 to Monday, October
21, 2013. Four comments letters were received on the NOP from the following agencies:
a Alameda County Transportation Agency
California Department of Transportation (Caltrans)
Dublin San Ramon Services District (DSRSD)
® Alameda County Flood and Conservation District (Zone 7)
Concerns raised in response to the NOP were considered during preparation of the Draft
EIR and the comment letters are included in Appendix A of this Draft EIR.
Draft EIR
The Draft EIR contains a description of the proposed project, description of the
environmental setting, identification of project impacts and effects found not to be
significant, mitigation measures for impacts found to be significant, and an analysis of project
alternatives.
Upon completion of the Draft EIR, the City fled a Notice of Completion (NOC) with the
State Office of Planning and Research, in accordance with Section 15085 of the CEQA
Guidelines.
Public Notice/Public Review
The Draft EIR will be circulated for review and comment by the public and other interested
parties, agencies and organizations for a 45-day public review period from Monday March
3, 2014 through Thursday, April 17, 2014. Concurrent with the Notice of Completion
(NOC), the City provided a public Notice of the Availability (NOA) of the Draft EIR for
public review in accordance with CEQA Guidelines Section 15087(a), and invited
comments from the general public, Responsible and Trustee Agencies, organizations, and
other interested parties. Notice of the time and location of a City meeting to receive
comments on the Draft EIR will be published prior to the meeting.
All comments or questions regarding the Draft EIR should be addressed to:
Mike Porto, Consultant Project Manager
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, California 94568
Tel: (925) 833-6610
Fax: (925) 833-6628
mike.porto @dublin.ca.gov
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Introduction
Response to Comments/Final EIR
Following the public review and comment period for the Draft EIR, a Final EIR will be
prepared. The Final EIR will respond to comments received during the public review and
comment period. The City will review and consider the Final EIR prior to the decision to
approve, revise, or reject the proposed project or an altemative to the proposed project.
Certification of the Final EIR
If the City of Dublin finds that the Final EIR is ''adequate and complete," the City of Dublin
may certify the Final EIR upon findings in accordance with CEQA.
Project Consideration
After review and consideration of the Final EIR, the City of Dublin may act upon the
proposed project. A decision to approve the proposed project would be accompanied by
written Findings in accordance with CEQA Guidelines Section 15091 and, if applicable,
Section 15093 (Statement of Overriding Considerations).
Report Organization
Sections 15122 through 15132 of the CEQA Guidelines identify the content requirements
for Environmental Impact Reports. Among other things, an EIR must include: description of
the project and environmental setting; an environmental impact analysis; mitigation
measures; alternatives to the proposed project; identification of significant irreversible
environmental changes; growth-inducing impacts; and cumulative impacts.
The environmental issues addressed in the Draft EIR were established through the
preparation of environmental documentation and supporting technical reports developed
for the proposed project, public agency responses to the NOP and comments received.
Based upon documentation, technical reports, NOP responses, consultation with the City
of Dublin, and review of the project plans, the City of Dublin has determined the scope for
this EIR. This Draft EIR is organized in the following manner.
Section S—Executive Summary
This section summarizes the characteristics of the proposed project and provides a concise
summary matrix of the project's environmental impacts, associated mitigation measures.
Section 1.0—Introduction
This section provides an introduction and overview of the Draft EIR review and certification
process.
Section 2.0— Project Description
The project description provides a detailed description of the proposed project, including
project location, site conditions, intended objectives, background information and physical
and technical characteristics of the proposed project.
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Introduction
Section 3.0—Environmental Setting, Impacts and Mitigation Measures
This section contains an analysis of environmental topic areas to be addressed, as identified
below. Each subsection contains a description of the existing setting of the planning area
and surrounding area and identifies project-related impacts and recommends mitigation
measures where necessary. The following major environmental topics are addressed in
Chapter 3 of this Draft EIR:
• Subsection 3.1, Aesthetics: The potential change in character of the project site as
measured against the existing setting and visual conditions and surrounding land
uses is discussed within this subsection of the Draft EIR. Project visibility, scale,
additional light and glare, and visual character are considered relative to existing
conditions at the project site. The analysis is based on a site reconnaissance, photo
documentation of the project site and vicinity, elevations of the proposed project,
and existing policy documents (e.g. City of Dublin General Plan and Dub/in V//age
Historic Area Specific Plan).
• Subsection 3.2, Air Quality: This subsection addresses the requirements of the Bay
Area Air Quality Management District (BAAQMD) and analyzes local and regional
air quality impacts associated with the proposed project including both short-term
construction impacts and long-term operational impacts from mobile and stationary
sources. It also addresses the potential for exposure to objectionable odors and
toxic air contaminants from Interstate 580 and surrounding uses. This analysis is
based on air quality modeling performed for the proposed project by RBF
Consulting, which is included in Appendix B of the Draft EIR.
Subsection 3.3, Cultural Resources: This subsection analyzes the presence or
absence of potentially significant archaeological and historic resources within the
project site based on existing studies including the Dublin Village Historic Area
Specific Plan / General Plan Amendment Mitigated Negative Declaration and
associated resource technical studies. Since the proposed project includes a
General Plan Amendment, the City of Dublin completed the Senate Bill (SB 18)
consultation process on June 1, 2013. This subsection also analyzes the potential
impacts to heritage trees that are located on the project site.
Subsection 3.4, Geology and Soils: This subsection examines potential geologic and
seismic hazards, as well as any engineering constraints and general soil suitability for
the proposed project. Information contained in this section is based on various
planning documents including the Soil Survey of Alameda County, as well as a
geotechnical report and a fault rupture investigation prepared by Stevens Ferrone &
Bailey in March 2012 and June 2013 on behalf of the project applicant, which was
peer reviewed by Cal Engineering and Geology on behalf of the City on July 15,
2013 and August 8, 2013. The geotechnical report, fault rupture investigation and
peer review is included in Appendix C of the Draft EIR.
E Subsection 3.5 Greenhouse Gas Emissions and Climate Change: This subsection
analyzes the impacts associated with implementation of the proposed project on
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Introduction
greenhouse gas (GHG) emissions and climate change. The GHG emissions
modeling for the proposed project is included in Appendix B.
• Subsection 3.6, Hazards and Hazardous Materials: This subsection evaluates the
potential presence of hazardous materials and contaminated soil within the project
site. The potential for onsite sources of contamination such as leaking hazardous
waste containers; lead-based paints; and asbestos-containing building materials,
among other items is also addressed within this subsection of the Draft FIR. This
subsection is based on a Phase I Environmental Site Assessment (ESA) prepared by
Bureau Veritas in February 2012. The potential risk of these conditions in proximity
to proposed development and human activities is evaluated within this subsection
of the Draft FIR. The Phase I ESA is included as Appendix D of the Draft FIR.
• Subsection 3.7 Hydrology and Water Quality: The impacts of the proposed
project on hydrology, storm drainage, water resources and water quality are
discussed within this subsection. The analysis also identifies existing drainage
patterns, potential flood hazards, the proposed drainage plan, and stormwater
retention requirements of the City of Dublin. This section is based upon a pre- and
post-development storm water calculations prepared by Carlson, Barbee & Gibson,
Inc.
• Subsection 3.8, Land Use and Planning: The relationship of the proposed project to
relevant regional and local plans, including the Dublin Vllage Historic Area Specific
Plan and the City of Dub/in Genera/ Plan and other local planning documents, is
discussed in this subsection. The analysis focuses on project consistency with
adopted plans and policies and the proposed project's relationship to the City of
Dublin General Plan and the Dublin Vllage Historic Area Specific Plan
• Subsection 3.9, Noise: Compatibility between the existing noise environment and
anticipated noise levels generated by the project-generated traffic, by on-site
activities and noise from area roadways and Interstate 580 with implementation of
the proposed project are examined within this subsection of the Draft FIR. The
analysis is based on a noise study prepared by Charles M. Salter and Associates,
which is included as Appendix F of the Draft FIR.
• Subsection 3.10, Public Services and Utilities: This subsection calculates demand
generated by the proposed project for additional public services such as schools,
parks/recreation facilities, police, and fire services. This subsection of the Draft FIR
addresses the provision of potable water service, wastewater treatment and
disposal, natural gas and electric service, and solid waste impacts are also addressed
in this subsection of the Draft FIR.
Section 4.0—CEQA Considerations
This section of the Draft FIR addresses the required discussions and analyses of various
topical issues mandated by CEQA Guidelines Section 15 126.2, including: significant and
unavoidable environmental effects; growth inducing impacts; significant irreversible
environmental changes and effects found not to be significant.
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Introduction
This section also addresses alternatives to the proposed project and cumulative impacts.
CEQA Guidelines Section 15126.6 requires that an EIR describe a range of reasonable
alternatives to the proposed project, which could feasibly attain the basic objectives of the
project and avoid and/or lessen the environmental effects of the project. The alternatives
analysis compares the proposed project with two selected alternatives, which include the
following:
• Alternative #I — No Project Alternative
• Alternative #2 — Retail/Office Use Alternative
Section 5.0— Report Preparers and References
The purpose of this section is to provide a list of all authors and agencies that assisted in
the preparation of the report by name, title, and company or agency affiliation. It also
itemizes supporting and reference data used in the preparation of the Draft FIR and lists all
governmental agencies, organizations, and other individuals consulted in preparing the Draft
EIR.
Appendices
This section includes all notices and other procedural documents pertinent to the Draft FIR
as well as all technical reports prepared in support of the analysis.
Impact Terminology
This Draft FIR uses the following terminology to describe environmental effects of the
proposed project:
Standards of Significance: A set of criteria used by the lead agency to determine at what
level, or ''threshold'', an impact would be considered significant. Significance criteria used in
this FIR include the CEQA Guidelines and Statutes; factual or scientific information;
regulatory performance standards of local, state, and federal agencies; and the goals,
objectives, and policies of the City of Dublin General Plan.
Less Than Significant Impact A less than significant impact would cause no
substantial change in the environment and no mitigation is required.
Potential/,Significant Impact.'A potentially significant impact may cause a substantial
adverse change in the physical conditions of the environment. Mitigation measures
and/or project alternatives are identified to reduce project effects to the
environment.
Significant Impact Significant impacts are identified by the evaluation of project
effects using specified standards of significance. Mitigation measures and/or project
alternatives are identified to reduce project effects to the environment.
Significant Unavoidable Impact A significant and unavoidable impact would result in
a substantial change in the environment for which no feasible mitigation is available
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Heritage Park Draft EIR
Introduction
to reduce the impact to a less than significant level, although mitigation may be
available to lessen the degree of the impact.
• Cumulative Impact- Cumulative impacts refer to two or more individual affects
which, when considered together, are considerable or which compound or increase
other environmental impacts.
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Project Description
2. Project Description
The proposed project is a General Plan and Dublin Village Historic Area Specific Plan
Amendment to change the land use designations on a 5.85 acre portion of the 6.6-acre of
the project site from Retail/Office (RO) to Medium Density Residential (MDR). The
proposed project would include the demolition of an 1 10,000 square foot existing office
complex known as the Heritage Park office complex and would construct 54 small-lot
single family homes and a two-story 14,000 square foot office building on approximately
6.6 acres.
2.2 Regional Location
The project site is located in the City of Dublin in northern Alameda County, near the
center of the Tri Valley region. Regional access to the City is from Interstate 580, Interstate
680, and the Dublin/Pleasanton line of Bay Area Rapid Transit (BART). Cities that border
Dublin include San Ramon to the north (in Contra Costa County), Pleasanton to the south
and Livermore to the east. The regional location is shown in Figure 2-1: Regional Location.
2.3 Project Location
The project site is located at 1 1875 Dublin Boulevard within the Dub/in t///age Historic
Area Specific P lan area. The project site is bound by San Ramon Road to the east; Dublin
Boulevard to the north; and Donlon Way to the west; and Interstate 580 (1-580) to the
south. The project vicinity map is shown in Figure 2-2: Project Vicinity,
2.4 Existing Setting / Baseline Conditions
The project site currently contains a number of two-story commercial/office buildings
totaling 1 10,000 square feet of commercial/office space. The buildings are wood frame and
were constructed between 1978 and 1981. The remainder of the project site is comprised
of surface parking and landscaping, including 137 trees.
The project site is located approximately three to five feet below Donlon Way and slopes
from west to east at an elevation of 375 feet above mean sea level (msl) at the western
portion of the project site to 365 feet msl in the eastern portion of the project site.
Existing conditions of the project site are shown in photographs in Figure 2-3a and Figure
2-3b: Photographs of the Project Site.
Surrounding Land Uses
Surrounding land uses include the Dublin Heritage Park and Museums and a dog kennel to
the west across Donlon Way; a church, restaurant, and gas station bordering the project
site to the north; residential and commercial across Dublin Boulevard to the north; office
space to the east across San Ramon Road; and Dublin Creek and Interstate 580 to the
south. Surrounding land uses are shown in Figure 2-4: Surrounding Land Uses.
��Kimsey-Hom
and A�.,es. Page 2-1
Heritage Park Draft EIR
Project Description
2.4 Existing General Plan Land Use Designations and Zoning
General Plan Designations
The City of Dub/in Genera/ Plan (City of Dublin 20 10) identifies the general locations,
density and extent of land available for housing, business, industry, natural resources
protection, recreation, and other uses.
The project site is designated Retail/Office in the City of Dub/in Genera/ Plan. The
following land use designations surround the project site: Medium/High Density Residential
(MHDR) to the north; Retail/Office (RO) and Parks/Public Recreation (PPR) to the west;
and Retail/Office (RO) to the east. Surrounding land use designations are shown in Figure
3.8-1: General Plan Land Use Designations.
Zoning
According to the City of Dub/in Zoning Map, the project site is zoned Planned
Development (PD). The zoning map of the project site is shown in Figure 3.8-2: Zoning
Designation.
Dublin Village Historic Area Specific Plan
The Dub/in V//age Historic Area Specific Plan was developed by the City to guide future
development to be sensitive to the area's historic past and to formalize the City's
commitment to preserving and enhancing the area's remaining historic, cultural, and
archaeological resources for the future. The Specific Plan includes goals and objectives for
the plan; an inventory of historic resources; and design standards and guidelines for future
development, including guidelines for the preservation and enhancement of historic
resources within the Specific Plan area.
The project site is designated Retail/Office (RO) and zoned PD in the Dub/in V//age
Historic Area Specific Plan.
2.5 Purpose and Objectives
Consistent with the CEQA Guidelines Section 15124(b), a clear statement of objectives
and the underlying purpose of the proposed project shall be discussed in the
Environmental Impact Report. The City of Dublin and the project applicant have provided
the following project objectives for the proposed project:
• Design new housing and commercial uses consistent with the Dub/in Vi//age
Hstoric Area Specific Plan.
• Ensure a viable infill project that provides for the creation of new housing in
proximity to Downtown Dublin and public transit.
• Create a community that is compatible in scale and design with surrounding land
uses.
Page 2-2 ►=rJ K-1e,Ha,
d A-,Ie he
Heritage Park Draft EIR
Project Description
Establish a cohesive community feel in the project area through compliance with
the Dublin Historic t///age Specific P lan design guidelines that ensure consistency
between individual neighborhoods while allowing unique architectural expression.
2.6 Proposed Land Uses
On November 20, 2012, the Dublin City Council adopted a resolution approving the
initiation of a General Plan and Dublin Village Historic Area Specific Plan Amendment Study
to change the General Plan land use designation for the portion of the project site that is
planned for residential development from Retail/Office to Medium Density Residential.
Following demolition of the Heritage Park office complex, the 6.6 acre project site would
be developed with 54 small-lot single-family homes on 5.85 acres, and a two-story 14,000
square foot office building on the remaining 0.75 acres. New drought-resistant landscaping
and lighting is proposed to complement the building architecture. A site plan of the
proposed project is shown in Figure 2-5: Site Plan.
The General Plan Amendment Study will be completed concurrently with processing other
entitlements requested by the project applicant. These include the following:
• Stage I and Stage 2 Development Plan
• Site Development Review
• Vesting Tentative Tract Map(s)
• Heritage Tree Removal Permit
• Development Agreement
Single Family Residential Homes
The two-story 54 single-family residential homes would range in size from +/- 2,012 to
3,167 square feet and would be designed consistent with the development standards and
design guidelines set forth in the Dublin V//age Historic Area Specific Plan as well as
architectural guidelines to be submitted by the project applicant. The proposed single
family residential component of the proposed project would have an average density of 8.2
dwelling units per acre.
The single-family residential homes would be comprised of Craftsman and American
Farmhouse architectural styles and would be within the height limit of 45 feet (for more
than five units) prescribed by Chapter 8.3 6, Development Regulations of the City of Dublin
Municipal Code. Architectural elements and details would be constructed at a similar scale
and character as the surrounding land uses. These include the use of front and upstairs
patios and the use of varying building materials (e.g. board and batten siding and shingles)
that would break up the perceived mass of the building and provide visual interest.
Garages would generally be recessed from the front of each home. The conceptual design
PI
�
bndA—W— Page 2-3
Heritage Park Draft EIR
Project Description
of the proposed single-family residential units is shown in Figure 2-6a and Figure 2-6b:
Conceptual Residential Design.
Commercial Office Building
The proposed two-story commercial/office building would be located in the northwestern
corner of the project site adjacent to Donlon Way. The commercial building would be
comprised of 7,000 square feet per floor, for a total of 14,000 square feet. The ground
level of the building would have a wrap-around porch element, with low sloping roof
planes, exposed rafter ends, and trellis work. A lobby entry at the center of the building
would be comprised of a covered trellis and gable roof. An outdoor patio is also
incorporated to one side, framed with a low river rock wall. The second level of the
commercial building would have gable elements and sloping roofs. Mechanical equipment
would be screened by the sloping roof around the perimeter.
The bottom floor of the commercial office building would have river rock at the base, wall
shingles at the ground level, board and battens for the second level, and a composition
roof. All windows would be vertically oriented. The conceptual design of the proposed
commercial office building is shown in Figure 2-7a: and Figure 2-7b: Conceptual
Commercial Office Building Design.
Sound Walls
The proposed project includes an I I-foot noise barrier along the southern and eastern
boundaries of the project site bordering Interstate 580 and San Ramon Road. The sound
wall would continue in the northeastern portion of the project site between Lots #23
through #26. A five foot sound wall would be constructed along the northern border of
the project site between Lots #19 through #22 and a parking lot located north of the
project site.
2.7 Circulation and Parking
Primary access to the project site would be provided off Donlon Way and would include
an internal network of streets (Streets A through E). The residential component of the
proposed project would include a total of 250 parking spaces, including 108 garage spaces,
108 driveway spaces, and 34 guest spaces. Additionally, six new publicly accessible parking
spaces would be constructed along the east side of Donlon Way.
The parking area for the proposed commercial building would be shared with the two
adjacent properties located north of the project site (Church of Christ and the Frankie,
Johnnie, and Luigi restaurant) adjacent to Dublin Boulevard. The parking lot would include
71 standard spaces; 40 compact spaces; and six accessible spaces for a total of 1 18 parking
spaces. The project applicant proposes to enter into a shared parking agreement with the
church and restaurant to share these spaces, taking into account hourly and day of week
parking demands between the uses.
i� K-ley_Horn
Page 2-4 � nd As„�
Heritage Park Draft EIR
Project Description
2.8 Infrastructure Improvements
Stormwater
The project site is divided into two drainage areas. These drainage areas will be maintained
with the proposed improvements. Drainage Area I is 0.9 acres and it made up of the
existing church and restaurant buildings. The total flow generated by Area I was estimated
to be 1.7 cubic feet per second (cfs) (Carlson, Barbee Gibson, 1 1/24/13). Total post
development flow was estimated to be 3.4 cfs, for a net increase of 1.7 cfs. Area I
discharges into an existing 27'' storm drain main located in Dublin Boulevard, which has a
full flow capacity of 17.0 cfs. At present, it is not known yet if there is sufficient capacity in
this 27'' storm drain to accommodate the additional flow. The project applicant plans to
conduct a more details analysis as part of final design to determine if there is sufficient
capacity in the existing storm drain main. If not, a portion of the runoff generated by Area
I would be detained within a planned bioretention area to ensure that post development
flows do not exceed pre-development flows off site.
Drainage Area 2 is 7.1 acres and includes the existing office buildings and parking lots. The
total flow generated by Area 2 was estimated to be 1 1.7 cfs. Stormwater from Area 2
would be retained in one of two bio-retention ponds before being discharged into an
existing 24" storm drain pipe, located in the southeast corner of the site. This pipe
connects to an existing concrete lined channel (Dublin Creek) located within the Caltrans
right-of-way. The full flow capacity of the 24" outlet pipe was determined to be 12.4 cfs.
The total post-development flows generated by Area 2 was determined to be 8.5 cfs, or a
reduction of 3.2 cfs (Carlson, Barbee Gibson, I 1/24/13).The preliminary infrastructure
improvement plans are shown in Figure 2-8: Preliminary Utility Plan and Figure 2-9:
Preliminary Storm Water Management Plan.
Potable Water
The project site has multiple water laterals, which serve the existing office buildings located
off of Donlon Way. The proposed project would include an additional connection point to
the existing eight-inch main within Dublin Boulevard to create a looped system. As shown
in Figure 2-8: Preliminary Utility Plan, the on-site water system will serve Single Family
Residential Lots 8-54, while Lots 1-7 will be served with individual laterals from the public
water main located in Donlon Way.
Water Demand
As shown in Table 2-1: Existing and Proposed Water Demand, the proposed project
would result in a reduction in the water demand of 26,669 gallons per day as compared to
the existing commercial/office uses at the project site.
P�M^Kimiey-Horn
,,and Associates inc. Page 2-5
Heritage Park Draft EIR
Project Description
Table 2-I: Existing and Proposed Water Demand
Land Use Units and Acres Water Generation Rate Water Generation
Existin g Land Use
Commercial/Office 0.10 gallons per day/square
1 10,000 square feet (interior) and 3,125 1 1,000 gpd (interior)
feet gallons per day per acre 20,625 gpd (exterior)
6.6 Acres (exterior)
Proposed Land Use
Commercial/Office 14,000 Square 0.10 gallons per day/square 1,400 gallons per day
Feet feet (interior) and 3,125 (interior)
0.75 Acres gallons per day per acre 2,344 gallons per day
exterior exterior
Medium Density 54 units 225 gallons per day/dwelling 1,215 gallons per day
Residential unit
Subtotal 2,615 gpd (Interior)
2,344 gpd Exterior
(8,385) gpd (Interior)
(18,281) gpd (Exterior)
Net Difference 26,669 d
1. Rates from DRSD do not take into account recycled water use.
Source: DRSD and RBF Consulting,2013.
Sanitary Sewer
As shown in Figure 2-8: Preliminary Utility Plan, the proposed project would connect to the
existing eight inch sanitary sewer main located in Donlon Way. The existing sewer is
approximately five feet deep at the proposed tie-in point and therefore the proposed
project would require installation of a sewer pump. The on-site sewer system would serve
Lots 8 to 54 and Lots I to 7 and would have laterals connecting to the existing sewer main
located within Donlon Way. A separate sewer lateral would be installed for the
commercial office building, which would connect to the existing main in Donlon Way.
2.9 Construction Activities
Demolition, Grading and Excavation
The proposed project would include grading and site preparation activities within the entire
project site. This would include the demolition the two-story commercial/office buildings
totaling and removal of asphalt and existing utilities, generating approximately 2,500 tons of
mixed material. Figure 2-1 1: Demolition Plan presents the proposed demolition plan.
Approximately 15,700 cubic yards of soil would be imported to the project site in order to
elevate the grade on the north, east, and west parts of the project site. The proposed
project also includes the construction of several retaining walls located throughout the
project site including one at the southerly and easterly boundaries, which would be part of
the proposed sound walls. The preliminary grading plan for the proposed project is shown
in Figure 2-1 1: Preliminary Grading Plan.
Page 2-6 h C �ldAs �,�-
Heritage Park Draft EIR
Project Description
Tree Removal and Landscaping
Based on the Preliminary Tree Report prepared by HortScience (October 2013) for the
project applicant, the project site contains 137 trees. Of these, 33 were rated as Excellent,
37 Good, 40 Fair and 27 Poor. There are 19 Heritage trees as defined by Section 5.60 of
the City of Dublin Municipal Code (Heritage Tree Ordinance). 18 of these Heritage trees
are Coast redwood and one is a Coast live oak.
As shown in Figure 2-12: Tree Removal Plan, the proposed project would remove 107
trees, 16 of which are classified as Heritage trees. Of these Heritage trees, five of them are
California black walnuts located on the western edge of Donlon Way. 30 trees would be
preserved including three Heritage trees; namely two coast redwoods (29-inch and 25-
inches in diameter) and one coast live oak (28 inches in diameter) located on the
perimeter of the project site. To help off-set the impacts to these Heritage Trees, the
project applicant has agreed to fund the City in the amount of $19,000 to assist in the
planting trees in the proposed Orchard in the Heritage Park. This payment would be
provided to the City prior to issuance of the site grading permit.
As shown in Figure 2-13: Landscaping Plan, the proposed project would include extensive
on-site landscaping. This includes planting 13 trees (36'' box) along Donlon Way.
Numerous other trees and shrubs would be planted on site including redwoods, crape
myrtle, Japanese maple, and Southern magnolia.
2.10 Requested Actions, Entitlements, and Required Approvals
Initial entitlements required for development at the project site in the Dublin Village
Historic Area Specific Plan include the following actions to be taken by the Dublin City
Council:
EIR Certifcation.• Certification of the Heritage Park Environmental Impact Report
(EIR), including findings that identify significant environmental impacts of the
proposed project and mitigation measures that must be implemented as part of the
Project, which will be reflected in the Mitigation Monitoring and Reporting Program
(MMRP) and imposed as conditions of approval on subsequent discretionary
approvals. This action will be adopted by resolution.
Genera/Plan Amendment For the proposed residential portion of the project site,
the City of Dublin General Plan will be amended to: 1) Change the text to reflect
the new General Plan designation from Retail/Office to Medium Density Residential
and 2) Change the General Plan Land Use Map from Retail/Office to Medium
Density Residential for the residential portion of the project site.
Specific Plan Amendment For the proposed residential portion of the project site,
the Dublin t/'l/age Historic Area Specific P/an will be amended to: 1) Change the
text to reflect the new Specific Plan designation from Retail/Office to Medium
Density Residential and 2) Change the Specific Plan Land Use Map from
Retail/Office to Medium Density Residential for the residential portion of the
project site.
ey-H-n
C KimsAssociates ln Page 2-7 and
Heritage Park Draft EIR
Project Description
• Zoning Ordinance Amendments The zoning designation would remain Planned
Development; however, the zoning text would be amended to include provisions
and development regulations as they pertain to the respective Retail/Office and
Medium Density Residential portions of the project site.
• Development Agreement(DA).-Approval of a DA between the City of Dublin and
the project applicant. This action will be adopted by ordinance.
• Vesting Tentative Map:Approval of Vesting Tentative Subdivision Map. This action
will be adopted by resolution.
• Site Development Review. Approval of site and architectural review for the
proposed project. This action will be adopted by resolution.
• Grading and Improvement Plans Approval of site-specific grading plans and
improvements for individual neighborhoods. This action is ministerial and approved
by the City Engineer or Public Works Director.
The FIR is also available for use by Responsible and Trustee Agencies or other agencies
that may have jurisdiction or approval authority for the proposed project. These agencies
may include:
San Francisco Bay Area Regional Water Quality Control Board
• Dublin San Ramon Services District
• Alameda County Flood Control and Water Conservation District (Zone 7)
Page 2-8
P-Mn Kimsey-1J
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Source:Carlson,Barbee&Gibson,Inc.(2014)
Heritage Park EIR
Site Plan
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Source:Carlson,Barbee&Gibson,Inc.(2014) Heritage Park EIR
PF Demolition Plan
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P 376.3 14�3jU
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941-1550-001-10, A
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�77 p
7"
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J- f M 4'WiMM
EXISTING PROPOSED DESCRIPTION
SUBDIVISION BOUNDARY
RETAINING WALL
SOUNDWALL
SIDEWALK, CURB & GUTTER
STORM DRAIN
EX 369.29 x364.68 SPOT ELEVATIONS
x
40 OVERLAND RELEASE DIRECTION I
Source:Carlson,Barbee&Gibson,Inc.(2014) Heritage Park EIR
Preliminary Grading Plan
CONSULTING Figure 2-11
A-�- cumpany
LIN BOULEVARD _
I
CHURCH OF CHRIST — FRANM JOHNNIE&LUIGI,TOO!
X R (TO REMAIN)
(r0 ROM)
i _j±: >
SHELL STATION
1 HERTTAGE ; I \ = nD RE11N1)
CID
Izi
JCID
\\ HERITAGE TREE SUMMARY
NOTES
iR®9 SPECIES 7RUNKDIAME7ER PN.) PROPOSE ON
VATHM PROJECT AREA
31 COAST RMWDOD� JO COAST REDWOOD
27 RE710RE W1 o PROJECT AREA
COAST REDW000 PRESERVE EDGE OF PROJECT AREA;RESTADRANT
40 CDA REDWOOD D PRESER,E EDEE 6 PROJECT AREA:RESTAIMANT
p1E EDGE OF PROJECT AREk AT&T PACUTY
. MAST DRMWOOD 28 22 �MOVE VEM PROJECT-
OMUWST UTHN' V`�/� / ^- •m n COAST REDWOOD 30 AREA
COAST R
90 EIYYOOD
27 REMOVE WTIDI AREA
RV RO
ZB yONE RIM PECT AREA
91 COW REDWOOD
REhM WM PROJECT AREA
92 MAST REDw9DD
93 COAST REDWOOD
32 REMOVE M7NN PROJECT AREA
94 CAST REDWOOD
30 RELOW WT W PROECT AREA
n IEyOAE W1TIW,PROJECT AREA
EXISTING NON—HERITAGE TREE TO BE REMOVED 95 COAST"`DM
ss Garr RmWaaD
Sl REypyE MI➢IN PEOJECT AREA
97 COST REDWOOD 29
SNOW ERT11M PROJECT AREA
EXISTING HERITAGE TREE TO BE REMOVED COAST gEDWOro REWaE INTO PROJECT
AREA
,Op
fQLOYE wTNM RIQECT AREA
338 EXISTING NON—HERITAGE TREE TO BE PRESERVED CAST REDWOOD 32 RaM WONM PROJECT AREA
124 CAST REDWOOD 30
125 CAST IEDWOC
31 RDJCNE W1TO PROJECT AREA
® OWING HERITAGE TREE TO BE PRESERVED raow MTNM PROJECT AREA
124 C WAST REDOOD JO
Source:Carlson,Barbee&Gibson,Inc.(2014) Heritage Park EIR
0 Tree Removal Plan
CONSULTING Figure 2
A=company
FAULT LINE AND SETBACKS
,TRASH RECEPTACLE
g AREA WITH
CONCRETE
19 2O WOE(' ` ,I VING,TYP &
PPA
• ~v i OF n PI.N12 RANS -
21 O K
FLOWERING ACCENT F'^C 6I `PLAN2 22 23 24
TREE VG j GgAN pLM17 2C
r.-q-,r- ^1 9 T PuNJ,
ACCENTTREE `MIT OF WOK 26
PLAN,
ENTRY PILASTERS -. . _ .-. '-__• _ '..
6'GOOD NEIGHBOR
FENCE AT RETAINING 16 '
WALL
PLAN PLAN, 1 N1 29
1 9ALT PLAN - .
MA 6-UNIT CLUSTER Rµ PLAN
MAILBOX , o SALT PLAN; 27
G PLAN,
2
PLAN 4 482 53 31 32 33 0
LOW FRONT GATE AND 16 PLAN PLAN I O
HEDGE ALONG PLAN RANI
DONOLON WAY AND - 3
i
LOOP ROAD
47 54 -x1A5rI PLAN; IN/tl _ PLAN 34 1 O
3 4z
PLAN 5 LG
D
O - '--12 46 35 43 PLLµ, Q
Z -
• PLAN, ,
p 4 38
PLAN. 13 PUN. 36
PLAN 9
PLAN
S GOOD NEIGHBOR G
FACE BETWEEN LOTS, 12
PLAN
6'WOOD GATE ON 0; __..
GARAGE SIDE OF PLAN 39
UNIT.TYP
11 40
TRASH RECEPTACLE PIAN
PLAN 2
AREA WITH CONCRETE
PAD&PAVING,TYP • 0 42 ,q,
$OUNDWALL
PLAN PUW2 PLAN
L7
_ (2)1 Si1NR CLUSTER MAILBOX
,
-_.. ACCENTTREE �QCe
\C
• - ''.. 9
PLAN FLOWERING ACCENT TREE 0\
7 G PLNI3 BID DETENTION AREA
PLAN 5
PLµ, PROPOSED SHRUBS PALETTE
' LIMIT OF WORK
BOTANICAL NAME COMMONNAME SIZE SPACING
SHRUBS IGAL Ir O.C.
DWARF LILY OF THE NILE &GAL ;•O.C.
— — AGAPANTHUS'PETER PAN' LILY OF THE NILE
AGAPANTHUS'MIDKNIGHT BLUE' BOXWOOD 5GAL vO.C.
BUXUS M.J.'GREEN BEAUTY' PINK BREATH OF HEAVEN &GAL ;'O.C.
COLEONEMA PULCHRUM COMPACT ESCALLONIA SGAL ;'O.C.
ESCALLONIA COMPAKTA FORTNIGHT LILY 1 GAL S O.C.
PROPOSED TREE PALETTE FETUCA GARDENIA ,GAL 7O.C.BLUE FIETSSP. UCA GARDENIA ;GAL YO.C.
GARDENIA SP. i GAL O.C.
BOTANICAL NAME COMMON NAME GREVILLEA
' SIZE CITY GAURA LINDHEIMERI GAURA S 2'GAL 4'O.C.
GREVILLEA SP. I GAL Ir O.C.
HEMEROCALLIS HYBRIDS EVERGREEN OAVLILLY &GAL .'O.C.
SYMBOL LIRIOPE MUSCARI BLUE TURF LILY SGAL CO.C.
STREET TREE LOROPETALUM C.'RAZZELBERRI' CHINESE FRINGE FLOWER ;GAL Y O.C.
HARBOR DWARF NANDINA SGILL TO.C.
O pLATANUS RACEMOSA CALIFORNIA SYCAMORE 24"BOX 8 NANDINA IX HARBOR DWARF' CAT MINT 4'O.C.
NEPETA'SIX HILLS GIANT' SWEET OLIVE i GAL
OSMANTHUS FRAGRANS IGAL
78'O.C.
DWARF NEW ZEALAND FLA% &GAL Ir O.C.
O pLATANUB RACEMOSA CALIFORNIA SYCAMORE 36"BOX S PHORMIUM 700 SPRATT' DWARF NEW ZEALAND FIAX
PHORMIUM TOM THUMB' NEW ZEALAND FLAX &GAL SOC.
PHORMIUM'MAORI SUNRISE' SGAL S'O.C.
PHOTINIA FRASERII PHOTINIA SO
FRONT YARDIACCENT TREE VARIEGATED PITTOSPORUM s GOAL ;•D.C.
15 GAL 22 PITTOSPORUM T.'VARIEGATA'
ACER PALMATUM JAPANESE MAPLE IS GAL PITTOSPORUM T.'WHEELERS DWARF DWARF PITTOSPORUM SGAL 4'O.C.
O CARPINUS BETELUS HORNBEAM 15 GAL PODOCARPUS M.MAKI YEW PINE GAL 4'O.C.
LAGERSTOREMIA SPP. CRAPE MYRTLE 15 GAL RHAPHIOLEPIS SP. INDIA HAWTHORN I GAL S O.C.
PRUNUS C.'KRAUTER VESUVIUS' PURPLE LEAF PLUM CARPET ROSE S GAL ;•O.C.
15 GAL ROSA SP. GERMANDER
PVRUS C.CHANTICLEER FLOWERING PEAR i5GAL TEUCRIUM F.'COMPACTUM' SGAL SO.C.
TRISTANIOPSIS LAURINA WATER GUM VIBURNUM T.'SPRING BOUQUET' LAURUSTINUS 5GAL CO.C.
PISTACHE CHINENSIS CHINESE PISTACHE 24"BOX 16 WESTRI.G,TA FRUTICOSA
COAST ROSEMARY
24"BOX
MAGNOLIA GRANDIFLORA SOUTHERN MAGNOLIA 86 VINES
15 GAL i GAL S O.C.
LAGERSTROEMIA SPP. CRAPE MYRTLE TRALHELOSPERMUM JASMINOIDIES STAR JASMINE
SGAL 20
O ACER PALMATUM JAPANESE MAPLE 15GAL GROUNDCOVERS rD.C.
NANDINA DOMESTICA HEAVENLY BAMBOO BEARBERRY I GAL'
ARC7OSTAPHYLOS UVA-URSI WILD STRAWBERRY CLUMPING I GAL ,S•O.C.
FRA 01 CHILOENSIS IGAL 1Y O.C.
SCREENING TREE GAZANIA'WHIRO WHITEALIAN A ;'D.C.
REDWOOD 24"BOX & AUSTRALIAN BLUEBELL CREEPER 1 GAL
SEQUOIA SEMPERVIRENS SOLLVA HETEROPHYLLA
' Source:Carlson,Barbee&Gibson,Inc.(2014) Heritage Park EIR
Landscape Plan
CONSULTING Figure 2-13
A—Cumpany
Heritage Park Draft EIR
Environmental Setting, Impacts& Mitigation Measures
3. Environmental Setting, Impacts & Mitigation Measures
Each environmental section in this chapter presents information in four parts:
• Environmental Setting - provides a general overview of the conditions on and
adjacent to the planning area.
• Regulatory Setting — describes the local, state and federal regulations which are
relevant to the proposed project.
• Relevant Project Characteristics - provides a more detailed description of the
elements of the proposed project that are relevant to the impact analysis for a
particular topic. Relevant project information may relate to the size, characteristics
and/or location of project elements. Any project elements that may cause impacts,
as well as those that may serve to minimize impacts, are identified.
• Impacts and Mitigation Measures - provides a brief description of standards that
were used to evaluate whether an impact is considered significant based on
standards identified in CEQA, the State CEQA Guidelines, and agency policy or
regulations. Impacts are identified and analyzed. Mitigation measures that would
reduce potentially significant or significant impacts are identified, as well as the
significance of the impact after implementation of mitigation measures. If a
potentially significant impact cannot be reduced to a less than significant level
through the application of mitigation, it is categorized as a significant unavoidable
impact.
Referenced figures are presented at the end of each section.
C„a mley Horn
dA—w- Page 3-1
Heritage Park Draft EIR
Aesthetics
3.1 Aesthetics
This section describes the aesthetic and visual resources of the project site and its
surroundings, and discusses the potential aesthetic impacts that may result with
implementation of the proposed project. The primary visual and aesthetic issues are
related to redevelopment of the proposed project and its visibility from Interstate 580 to
the south and from the Heritage Park and Museums located to the west of the project site.
Visual impacts were evaluated using a combination of a site reconnaissance, building
elevations and architectural renderings prepared by the project applicant, review of photo
documentation and aerial photographs, and a review of existing policy documents (e.g. City
of Dublin General Plan and Dublin Village Historic Area Specific Plan).
Environmental Setting
Visual Image
Visual images dominate an observer's impression of a district, city, or region. To
understand how visual images influence an observers impression, the aesthetic value of an
area must first be defined. Aesthetic value is a measure of visual character and scenic
quality combined with a viewer's response to the area. Viewer response is a combination
of viewer exposure and viewer sensitivity. Viewer exposure to a viewshed varies with the
number of viewers, the number of views seen, the distance of the views, and the viewing
duration. Viewer sensitivity is related to the extent of the public's concern for particular
visual resources.
Both natural landscapes and the built environment contribute to perceived visual images
and aesthetics value of a view. Aesthetic value is influenced by geologic, hydrologic,
botanical, wildlife, recreational, and urban features. Visual images and their perceived visual
quality can vary significantly seasonally and even hourly as weather, light, shadow, and the
elements that compose the resource change.
Definition of Terms
Numerous methods have been developed to characterize the scenic quality of a visual
resource and the viewer response to that resource. However, no standard approach to
visual analysis exists. Instead, several approaches that focus on different visual aspects or
issues are used. One commonly used set of criteria includes vividness, intactness, and unity.
• Vividness is the visual power or memorability of landscape components as they
combine in striking or distinctive visual patterns.
• Intactness is the visual integrity of the natural and human-built landscape and its
freedom from encroaching elements; this factor can be present in well-kept urban
and rural landscapes, as well as in natural settings.
Unity is the visual coherence and compositional harmony of the landscape
considered as a whole; it frequently attests to the careful design of individual
components in the landscape.
��Krm!ey-Horn
h � Ass—ales Inc Page 3-3
Heritage Park Draft EIR
Aesthetics
Regional Visual Setting
The City of Dublin is located in the Tri-Valley region of the East San Francisco Bay Area.
The visual setting of the region is defined by several urban communities (Pleasanton,
Livermore, Danville, Dublin, and San Ramon) that are surrounded by hillsides, vineyards,
and natural open space.
Project Setting
The project site is flat and is developed with a number of two-story commercial office
buildings. The buildings are generally set back from the street edge are a light grey color.
The surface parking lots are surrounding by landscaping which largely consists of trees (137
in total) and lawn. A number of pedestrian pathways provide access from the perimeter
sidewalk to the interior building spaces. Photographs of the existing project site are shown
in Figure 2-3a and Figure 2-3b: Photographs of the Project Site.
Surrounding Land Uses
Surrounding land uses include the Dublin Heritage Park and Museums and a dog kennel to
the west across Donlon Way; a church, restaurant, and gas station bordering the project
site to the north; residential and commercial across Dublin Boulevard to the north; office
space to the east across San Ramon Road; and Dublin Creek and Interstate 580 to the
south. Surrounding land uses are shown in Figure 2-4: Surrounding Land Uses.
Scenic Vistas
A scenic vista is a view that possesses visual and aesthetic qualities of high value to the
community. Scenic vistas can provide views of natural features or significant structures and
buildings. The term "vista" generally implies an expansive view, usually from an elevated
point or open area. There are no designated scenic vistas in the project vicinity.
Scenic Resources and Roadways
According to the City of Dublin General Plan, 1-580, 1-680, and Dougherty Road were
designated scenic routes by Alameda County in 1966. These are primary routes from
which people traveling through Dublin gain their impression of the City. Therefore, it is
important that the quality of views be protected.
Interstate 680 (1-680) is also designated as a State Scenic Highway. According to the State
Scenic Highway website, ''the scenic aspects of the corridor feature the rolling wooded hills
of the Contra Costa range contrasted with the flat Sunol Valley ringed by distance hills to
the north and east.'' While not officially listed, 1-580 is eligible for listing as a State Scenic
Highway.
Section 5.6, Implementing Policy B in the City of Dublin General Plan requires that design
review be conducted for all projects visible from a designated scenic route. The project
site is partially visible from 1-580.
The project site does not contain any natural resources, monuments, or unique buildings
that would be classified as scenic resources.
h , nd As—ate Inc
Page 3-4
Heritage Park Draft EIR
Aesthetics
Light and Glare
Lighting nuisances can generally be categorized by the following:
• Glare — Intense light that shines directly, or is reflected from a surface into a
person's eyes;
• ''Skyglow''/Nighttime Illumination — Artificial lighting from urbanized sources that
alters the rural landscape in sufficient quantity to cause lighting of the nighttime sky
and reduction of visibility of stars and other astronomical features; and
• "Spillover'' Lighting — Artificial lighting that spills over onto adjacent properties,
which could interrupt sleeping patterns or cause nuisances to neighboring residents.
The project site is part of a city and region that contributes to nighttime lighting. Existing
office buildings at the project site that have reflective surfaces can also cause glare at certain
times of the day based on the location and angle of the sun.
Regulatory Setting
State
Streets and Highway Code, Section 260 et seg. - State Scenic Highway Program
The California Scenic Highway Program (CSHP) was created by the Legislature in 1963
with the purpose of preserving and protecting scenic highway corridors from change, which
diminish the aesthetic value of lands adjacent to highways. The stated intent (Streets and
Highway Code Section 260) of the California Scenic Highway Program is to protect and
enhance California's natural beauty and to protect the social and economic values provided
by the State's scenic resources. A highway may be designated scenic depending upon how
much of the natural landscape can be seen by travelers, the scenic quality of the landscape,
and the extent to which development intrudes upon the traveler's enjoyment of the view.
The CSHP includes a list of highways that are either eligible for designation as scenic
highways or have been so designated. These highways are identified in Section 263.1 of the
Streets and Highways Code.
State highways nominated for scenic designation must first be on the statutory list of
highways eligible for scenic designation in the State Scenic Highway System. County
highways nominated for scenic designation that are believed to have outstanding scenic
values are considered eligible and do not require any legislative action. Both State and
county highway nominations follow the same process and have the same requirements.
Scenic highway nominations are evaluated using the following criteria:
The State or county highway consists of a scenic corridor that is comprised of a
memorable landscape that showcases the natural scenic beauty or agriculture of
California (see definition for ''vividness'', under Section III: Step 1, Visual
Assessment).
M„K-ley-Hem
b� -d ASaoao-M, Page 3-5
Heritage Park Draft EIR
Aesthetics
• Existing visual intrusions do not significantly impact the scenic corridor (see
definitions for ''intactness" and "unity'' below, under Section III. Step I: Visual
Assessment).
• Demonstration of strong local support for the proposed scenic highway
designation.
• The length of the proposed scenic highway is not less than a mile and is not
segmented.
The status of a state scenic highway changes from eligible to officially designated when the
local jurisdiction adopts a scenic corridor protection program, applies to the California
Department of Transportation for scenic highway approval, and receives notification from
Caltrans that the highway has been designated as a Scenic Highway. According to the
California Department of Transportation (Ca/trans) Scenic Highway Program (CSHP),
Interstate 680 is officially designated as a State Scenic Highway. While not officially listed
Interstate 580 is eligible for listing as a State Scenic Highway.
Local
Dublin Village Historic Area Specific Plan
The following design guidelines for residential, commercial and mixed-use land uses in the
Dublin Vil/age Historic Area Specific Plan would be applicable to the proposed project.
Residential Design Guidelines
The residential design guidelines require that future single family homes within the Specific
Plan area honor the image and character of historic Dublin (e.g. small to moderate-sized
single family homes, etc.). Multi-family uses should be designed to resemble a single family
home and the site design should resemble a more traditional neighborhood character (e.g.
streets have sidewalks, etc.). Residential design guidelines include but are not limited to the
following:
a Incorporation of Local Vernacular, Folk Victorian, and Craftsman/California
Bungalow architectural styles;
M Be constructed with pedestrian-oriented mass and scale;
K Ensure compatibility between building forms and architectural design of the home;
9 Ensure design of side and rear facades;
r Construction of one to two-story homes;
Use of building materials reflect the traditional and historic character of Dublin
Village;
9 Use of simple building colors that were commonly used in the 1800s and 1900s;
6 Incorporation of window fenestration that is compatible with the architectural style
of the home; and
Incorporation of detached garages.
P�On K,mley-Horn
Page 3-6 \� antl ASSOaa;es
Heritage Park Draft EIR
Aesthetics
Commercial and Mixed-Use Design Guidelines
Commercial and mixed-use design guidelines encourage buildings to have a strong
relationship with the street and sidewalk. Site planning guidelines address a range of design
topics including:
• Parking lots behind buildings;
• Building footprints;
• Driveway locations;
• Parking lot driveways;
• Shared driveways;
• Shared parking;
• Pedestrian circulation;
• Loading facilities;
• Trash disposal areas;
• Land use buffers; and
• Heritage trees and resources.
Commercial and mixed-use design guidelines encourage commercial architecture to
emulate the vernacular architecture that once existed in Dublin Village (e.g. relatively simple
buildings with a pedestrian-oriented scale). Porches are highly recommended, as well as
wood framed construction (e.g. vertical wood siding, wood shingle siding, and brick or
stone as a building base).
General Design Guidelines
General design guidelines applicable to both residential and commercial and mixed-use
development include lighting standards that address the appropriate use of light (e.g.
designed to be directed and shielded and the control of off-site glare), as well as
landscaping guidelines that addresses the use of indigenous drought-tolerant plant material,
enhancement of landscaping around walkways, the use of fencing and screens, parking lot
pavement materials, and land use buffers.
City of Dublin General Plan
The following policies in the City of Dublin General Plan are applicable to aesthetics and
visual character within the project area.
5.6: Guiding Policy A. Incorporate County-designated scenic routes, and the proposed
Fallon Road extension, in the General Plan as adopted City-designated scenic routes, and
work to enhance a positive image of Dublin as seen by through travelers.
5.6: Implementing Policy B. Exercise design review of all projects visible from a designated
scenic route.
P-Mn Ki Il y-Flom
�M �d As �tl s t,c Page -
Heritage Park Draft EIR
Aesthetics
In addition to the above policies, the General Plan Community Design and Sustainability
Element contains a number of policies related to urban design and visual character. Policies
address a range of topics, including:
• Site and Building Design;
• Landscaping and Natural Features;
• Gathering and Open Space Areas;
• Signage, Lighting, and Art;
• Parking and Circulation; and
• Villages.
Relevant Project Characteristics
The proposed project would demolish the existing office buildings and construct 54 two-
story single family residential units, as well as a two-story 14,000 square foot commercial
office building. The proposed project would also include grading and site preparation
activities, including the removal of 107 trees.
Impacts and Mitigation Measures
Criteria for Determining Significance
In accordance with the CEQA, State CEQI Guidelines Appendix G, and agency and
professional standards, a project impact would be considered significant if the project
would:
• Have a substantial adverse effect on a scenic vista;
• Substantially damage scenic resource, including, but not limited to, trees, rock
outcroppings, and historic buildings, within a state scenic highway;
• Substantially degrade the existing visual character or quality of the site and
surroundings, and/or
• Create a new source of substantial light or glare, such that it poses a hazard or
nuisance.
Methodology
The analysis of potential aesthetic impacts within this section is based on a site
reconnaissance of the project site and surrounding area, a review of policies and guidelines
in both the City of Dublin General Plan and the Dublin Vllage Historic Area Specific Plan,
and review of the site plans including the building elevations and architectural renderings of
proposed project.
Potential impacts were assessed by forecasting the anticipated appearance of future
development within the project site based on the site plan and conceptual elevations to
evaluate the aesthetic value of the project site. Nighttime lighting and day and nighttime
I� Kiml y HO
Page 3-8 h � -dASSa,W-
Heritage Parlc Draft FIR
Aesthetics
glare were assessed qualitatively and existing sources of light and glare were identified and
quantified where possible.
Project Impacts and Mitigation Measures
Substantial Adverse Effect on a Scenic Vista
According to the City of Dublin General Plan, there are no designated scenic vistas in the
project vicinity. Therefore, the proposed project would not have a substantial adverse
effect on a scenic vista.
Damage to Scenic Resources along Scenic Highways
Impact 3.1-1: Portions of the project site may be visible from Interstate 580 (1-
580), which is eligible as a State Scenic Highway and locally
designated scenic routes. However, because the project site is
already developed and would be required to comply with
development standards and design guidelines in the Dublin Village
Historic Area Specific Plan, no scenic resources would be adversely
affected as a result of implementation of the proposed project.
Therefore, this is considered a less than significant impact.
Traveling west on 1-580, the project site is generally shielded from view due to existing
trees and other vegetation, however, there is a brief momentary view of the southern
office building. Traveling east on 1-580, views of the project site are blocked by the San
Ramon Road overpass. After the overpass, the existing site is partially visible for a brief
period. The project site is most noticeable along the eastbound on-ramp of 1-580 adjacent
to San Ramon Road.
In compliance with the General Plan, all projects that are visible from 1-580 would be
subject to design review per the policy of the General Plan. In addition, the proposed
project would be subject to the development standards and design guidelines in the Dublin
V1/age Historic Area Specific Plan, including building height and massing, site planning,
architecture, lighting, and landscaping. With implementation of these development
standards and design guidelines, and the requirement for design review as part of the
permitting process, the proposed project would improve the visual appearance of the site
and be more consistent with the visual character of the surrounding residential and
commercial land uses. Therefore, this would be considered a less than significant impact,
and no mitigation is required.
Degradation of the Visual Character of the Project Site and Surrounding Area
Impact 3.1-2: Implementation of the proposed project would alter the existing
aesthetic character of the project site by redeveloping the project
site from eight commercial office buildings to a combination of
residential and office development. The Dublin Vllage Historic Area
Specific P/an includes development standards and design guidelines
/6Mn K-1.y-Mom
►� A95ooi8tB5 Page 3-9
Heritage Park Draft FIR
Aesthetics
that are designed to create a more visually appealing environment
within the planning area, which includes future development at the
project site. With implementation of these design standards and
guidelines, the proposed project is not anticipated to degrade the
visual character of the project site and surrounding uses and is
therefore considered a less than significant impact.
The existing two-story office buildings were constructed between 1978 and 1981 and
generally look dated and to be of poor architectural character. These buildings were
constructed with wood siding and flat roofs. Perimeter balconies surround most of the
office spaces resulting in dark void spaces on the ground level. The facades have little
architectural detail and consist of long, unarticulated "walls
The buildings are set back from the street and contain large open surface parking. From an
urban design perspective, the project site is not pedestrian-friendly and would be
considered incompatible with the City's design standards as described in the General Plan
Community Design and Sustainability Element as well as the development standards and
design guidelines as described in the Dublin Vllage Historic Area Specific Plan.
The proposed project has been designed in accordance with the Dublin Vllage Historic
Area Specific Plan. The proposed 54 single family residential homes would be two stories
and comprised of Craftsman and American Farmhouse style. Architectural elements and
details are consistent with these architectural styles providing variation in building form and
providing an appropriate scale with surrounding land uses (e.g. Heritage Park and
Museums). Proposed architectural details include the use of front and upstairs patios and
the use of different building materials (e.g. board and batten siding and shingles) that would
break up the perceived mass of the building and provide visual interest.
The proposed two-story 14,000 square foot commercial office would have a wrap-around
porch element, with low sloping roof planes, exposed rafter ends, and trellis work. A lobby
entry at the center of the building would be comprised of a covered trellis and gable roof.
An outdoor patio is also incorporated to one side, framed with a low river rock wall. The
second level of the commercial building would have gable elements and sloping roofs.
Mechanical equipment would be screened by the sloping roof around the perimeter. The
bottom floor of the commercial office building would have river rock at the base, wall
shingles at the ground level, board and battens for the second level, and a composition
roof.
As shown in Figure 2-12: Tree Removal Plan, the proposed project would remove 107
trees, 16 of which are Heritage trees. 30 trees would be preserved including three
Heritage trees; namely two coast redwoods (29-inch and 25-inches in diameter) and one
coast live oak (28 inches in diameter) located on the perimeter of the project site. To help
off-set the impacts to these Heritage Trees, the project applicant has agreed to fund the
City in the amount of $19,000 to assist in the planting trees in the proposed Orchard in
the Heritage Park. This payment would be provided to the City prior to issuance of the
site grading permit.
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Aesthetics
As shown in Figure 2-13: Landscaping Plan, the proposed project would include extensive
on-site landscaping. This includes planting 13 trees (36" box, species to be determined)
along Donlon Way. Numerous other trees and shrubs would be planted on site including
redwoods, crape myrtle,Japanese maple, and Southern magnolia.
The overall change in the visual character of the project site from commercial/office uses to
a combination of residential and commercial/office uses would result in a change to the
character of the project site. However, the proposed project would be considered a
beneficial change in that it would be more consistent with the design guidelines and
historic-contextual design intended in the Dub/in I/"//age Historic Area Specific P/an and
thereby, would complement the surrounding uses. Therefore, the proposed project would
not result in the degradation of the visual character of the project site, which would be
considered a less than significant impact. No mitigation measures are necessary.
Light and Glare
Impact 3.1-3: The project site and its surroundings are currently developed with
buildings and site improvements that currently generate daytime and
night-time light and glare. Additional sources of daytime glare and
nighttime lighting would be introduced with implementation of the
proposed project. The Dublin Vllage Historic Area Specific Ran
includes design guidelines to reduce light and glare. With
implementation of these design guidelines, the proposed project
would result in a less than significant impact to light and glare.
Implementation of the proposed project result in a slight increase in daytime and nighttime
light and glare. The main sources of daytime glare would be from sunlight reflecting from
structures with reflective surfaces, such as windows. The main sources of nighttime light
and glare would be from additional lighting, including, but not limited to, internal and
external building lights from proposed residential uses, parking lot lights, street lighting, site
lighting, lights associated with vehicular travel (i.e., vehicle headlights), and any new security
lighting associated with the new commercial building.
The Dublin V//age Historic Area Specific Plan includes design guidelines that address lighting
within the project site, including, site lighting (e.g. ensuring that lighting is directed and
shielded) and glare (e.g. designing lighting so that only the intended area is illuminated and
off-site glare is controlled. The proposed project would be required to comply with these
lighting standards by demonstrating the proposed exterior lighting is non-intrusive while still
providing an adequate amount of light. Compliance with the design guidelines would
ensure that the proposed project does not introduce substantial light and glare which
would pose a hazard or nuisance. Therefore, the proposed project would have a less than
significant impact, and no mitigation is required.
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Air Quality
3.2 Air Quality
This section analyzes the impacts associated with implementation of the proposed project
on air quality, including short-term construction emissions, long-term operational impacts,
and potential impacts on sensitive receptors. The air quality modeling for the proposed
project is included in Appendix B of this Draft EIR.
Environmental Setting
Regional Setting
San Francisco Bay Area Air Basin
The City of Dublin is located in eastern Alameda County, which is within the San Francisco
Bay Area Air Basin (hereinafter "Basin"). The Basin includes San Mateo, Santa Clara,
Alameda, Contra Costa, Napa, and Marin counties, and forms a climatological sub-region.
This climatological sub-region stretches from Richmond to San Leandro, bounded to the
west by the San Francisco Bay and to the east by the Oakland-Berkeley Hills. The
Oakland-Berkeley Hills have a ridgeline height of approximately 1,500 feet, a significant
barrier to air flow. The most densely populated area of the sub-region lies in a strip of land
between the bay and the lower hills.
High ozone levels are caused by the cumulative emissions of reactive organic gases (ROG)
and nitrogen oxides (NOx). These precursor pollutants react under certain meteorological
conditions to form high ozone levels. Controlling these emissions of these precursor
pollutants is the focus of the Bay Area's attempts to reduce ozone levels. The highest
ozone levels in the Bay Area occur in the eastern and southern inland valleys that are
downwind of air pollutant sources. High ozone levels aggravate respiratory and
cardiovascular diseases, reduced lung function, and increase coughing and chest discomfort.
Particulate matter is another problematic air pollutant in the Bay Area. Particulate matter is
assessed and measures in terms of respirable particulate matter or particles that have a
diameter of 10 micrometers or less (PM 1o) and fine particulate matter where particles have
a diameter of 2.5 micrometers or less (PM2_5). Elevated concentrations of PM io and PM2.5
are the result of both region-wide (or cumulative) emissions and localized emissions. High
particulate matter levels aggravate respiratory and cardiovascular diseases, reduce lung
function, increase mortality (e.g., lung cancer), and result in reduced lung function in
children.
Topography and Meteorology
Ambient air quality is commonly characterized by climatological conditions, the
meteorological influences on air quality, and the quantity and type of pollutants released.
The Basin is subject to a combination of topographical and climatic factors that reduce the
potential for high levels of regional and local air pollutants. The Basin is characterized by a
complex terrain consisting of coastal mountain ranges, inland valleys, and the San Francisco
Bay. It is generally bounded on the west by the Pacific Ocean, on the north by the Coast
Ranges, and on the east and south by the Diablo Range.
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Climate in the Basin is dominated by the strength and location of a semi-permanent,
subtropical high-pressure cell over the northeastern Pacific Ocean, as well as the
moderating effects of the adjacent oceanic heat reservoir. Mild summers and winters,
moderate windfall, daytime onshore breezes, and moderate humidity characterize regional
climatic conditions. In summer, when the high pressure cell is strongest and farthest north,
fog forms in the morning and temperatures are mild. In winter, when the high pressure cell
is weakest and farthest south, occasional rain storms occur.
In the City of Dublin, the climate is typically warm during summer, when temperatures tend
to be in the 70s and 80s, and cool during winter, when temperatures tend to be in the 50s.
The warmest month of the year is July with an average maximum temperature of 89
degrees Fahrenheit, while the coldest month of the year is December with an average
minimum temperature of 39 degrees Fahrenheit. Temperature variations between night
and day tend to be moderate during summer with a difference that can reach 32 degrees
Fahrenheit, and moderate during winter with a difference of approximately 19 degrees
Fahrenheit. The annual average precipitation in Dublin is 15.33 inches. Rainfall is fairly
evenly distributed throughout the year. The wettest month of the year is February, with an
average rainfall of 2.98 inches (Weather Channel 2013).
Sunlight
The presence and intensity of sunlight is another important factor that affects air pollution.
Typically, ozone is formed at higher temperatures. In the presence of ultraviolet sunlight
and warm temperatures, volatile organic compounds (VOC) and nitrogen oxides (NOX)
react to form secondary photochemical pollutants, including ozone.
Temperature Inversions
An inversion is a layer of warmer air over a layer of cooler air. Inversions affect air quality
conditions significantly because they influence the mixing depth (i.e., the vertical depth in
the atmosphere available for diluting air contaminants near the ground). The highest air
pollutant concentrations in the Basin generally occur during inversions.
Under ideal meteorological conditions and irrespective of topography, pollutants emitted
into the air would be mixed and dispersed into the upper atmosphere. However, the
region experiences temperature inversions in which pollutants are trapped and accumulate
close to the ground. The inversion, a layer of warm, dry air overlaying cool, moist marine
air, is a normal condition in the Basin. The cool, damp, and hazy sea air capped by coastal
clouds is heavier than the warm, clear air that acts as a lid through which the marine layer
cannot rise.
Local Ambient Air Quality - - - -
Criteria Air Pollutants
Local ambient air quality is monitored by the Bay Area Air Quality management District
(BAAQMD) and the California Air Resources Board (CARB); refer to Table 3.2-1: Local
Ambient Air Quality Levels. CARB monitors ambient air quality at approximately 250 air-
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monitoring stations across the State. Air quality monitoring stations usually measure
pollutant concentrations ten feet above-ground level; therefore, air quality is often referred
to in terms of ground-level concentrations.
Table 3.2-I: Local Ambient Air Quality Levels
Standards (Allowable Amount) Days (Samples)
Pollutant Year Maximum i State/Federal
California Federal Concentration Standards was
Primary Exceeded
Ozone (03) 2010 0.150 ppm 3/1
1 hour Z 0.09 ppm 0.12 ppm 2011 0.115 3/0
2012 0.102 2/0
Ozone (03) 2010 0.098 ppm 6/3
8 hour Z 0.07 ppm 0.08 ppm 2011 0.085 9/2
2012 0.090 4/3
Carbon 2010 1.49 ppm 0/0
Monoxide(CO) 9.0 ppm 9.0 ppm 2011 Not Available NA
8 hour 3 (8 hour) (8 hour) 2012 Not Available NA
Carbon 2010 0/0
35 ppm 20 ppm 2.40 ppm
Monoxide(CO) 2011 0/0
I hour 3 for I hour for I hour 2012 0.55 0/0
Nitrogen 0.18 ppm 0.100 ppm 2010 0.058 ppm 0/NA
Dioxide(NO2) z (1 hour) (I hour) 2011 0.057 0/NA
2012 0.043 0/NA
Particulate 50 pg/m3 150 pg/m3 2010 42.8 pg/m3 0/0
Matter(PM1()) 3.41 (24 hours) (24 hours) 2011 Not Available NA
2012 Not Available NA
I pg 3
Fine Particulate (annual 35 pg/m3 201 34.7 NA/0
Matter(PM2.5) 2'S arithmetic (24 hours) 201 1 1 45..4 4 NA/2
2012 31.1 NA/0
mean)
Sulfur Dioxide 0.04 ppm 0.14 ppm 2010 0.003 ppm 0/0
(SO2) 3 (24 hours) (24 hours) 2011 Not Available NA
2012 Not Available NA
Notes:
1. Maximum concentrations are measured over the same period as the California standard.
2. Livermore Monitoring Station is located at 793 Rincon Avenue,Livermore,California 94550.
3. Berkley Monitoring Station is the only station in the San Francisco Air Basin that monitors SO2 and is located at 1340 Sixth Street,
Berkeley,California 94710.
4. PMIO exceedances are based on State thresholds established prior to amendments adopted on June 20,2002.
5. PM 10 and PM2s exceedances are derived from the number of samples exceeded,not days.
Source:Aerometric Data Analysis and Measurement System,Summaries from 2010 to 2012 as found at http://www.arb.ca.gov/adam/
The nearest monitoring station to the project site is located in the City of Livermore at 793
Rincon Avenue. This station monitors all of the criteria pollutants except for PM 10 and
Sulfur Dioxide (S02). The Berkeley Monitoring Station is the only station in the San
Francisco Air Basin that monitors S02 and is included in Table 3.2-1: Local Ambient Air
Quality Levels. The following air quality information briefly describes the various types of
pollutants monitored at the local stations.
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Ozone
Ozone occurs in two layers of the atmosphere. The layer surrounding the earth's surface is
the troposphere. The troposphere extends approximately ten miles above ground level,
where it meets the second layer, the stratosphere. The stratospheric (the "good" ozone)
layer extends upward from about 10 to 30 miles and protects life on earth from the sun's
harmful ultraviolet rays (UV-B).
''Bad'' ozone is a photochemical pollutant, and needs VOCs, NOx, and sunlight to form;
therefore, VOCs and NOx are ozone precursors. VOCs and NOx are emitted from
various sources throughout the area. To reduce ozone concentrations, it is necessary to
control the emissions of these ozone precursors. Significant ozone formation generally
requires an adequate amount of precursors in the atmosphere and several hours in a stable
atmosphere with strong sunlight. High ozone concentrations can form over large regions
when emissions from motor vehicles and stationary sources are carried hundreds of miles
from their origins.
While ozone in the stratosphere protects the earth from harmful ultraviolet radiation, high
concentrations of ground-level ozone can adversely affect the human respiratory system
and other tissues. Many respiratory ailments, as well as cardiovascular disease, are
aggravated by exposure to high ozone levels. Ozone also damages natural ecosystems
(such as forests and foothill communities) and damages agricultural crops and some man-
made materials (such as rubber, paint, and plastics). Societal costs from ozone damage
include increased healthcare costs, the loss of human and animal life, accelerated
replacement of industrial equipment, and reduced crop yields.
Carbon Monoxide
Carbon monoxide (CO) is an odorless, colorless toxic gas that is emitted by mobile and
stationary sources as a result of incomplete combustion of hydrocarbons or other carbon-
based fuels. In cities, automobile exhaust can cause as much as 95 percent of all CO
emissions. At high concentrations, CO can reduce the oxygen-carrying capacity of the
blood and cause headaches, dizziness, unconsciousness, and death.
Nitrogen Dioxide
Nitrogen oxides (NOx) are a family of highly reactive gases that are a primary precursor to
the formation of ground-level ozone, and react in the atmosphere to form acid rain.
Nitrogen dioxide (NO2), often used interchangeably with NOx, is a reddish-brown gas that
can cause breathing difficulties at high levels. Peak readings of NO2 occur in areas that have
a high concentration of combustion sources (e.g. motor vehicle engines, power plants,
refineries, and other industrial operations).
NOx can irritate and damage the lungs, and lower resistance to respiratory infections such
as influenza. The health effects of short-term exposure are still unclear. However,
continued or frequent exposure to NOx concentrations that are much higher than those
normally found in the ambient air may increase acute respiratory illnesses in children and
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increase the incidence of chronic bronchitis and lung irritation. Chronic exposure to NO2
may aggravate eyes and mucus membranes and cause pulmonary dysfunction.
Coarse Particulate Matter(PMio)
PM 10 refers to suspended particulate matter (PM) which is smaller than 10 microns. PMio
arises from sources such as road dust, diesel soot, combustion products, construction
operations, and dust storms. PMio scatters light and significantly reduces visibility. In
addition, these particulates penetrate the lungs and can potentially damage the respiratory
tract.
Fine Particulate Matter(PM2.5)
Due to recent increased concerns over health impacts related to fine particulate matter,
both Federal and State standards have been created for PM2.5. The impacts of fine
particulate matter primarily affect infants, children, the elderly, and those with pre-existing
cardiopulmonary disease.
Sulfur Dioxide
Sulfur dioxide is a colorless, pungent gas belonging to the family of sulfur oxide gases (SOX),
formed primarily by combustion of sulfur-containing fossil fuels (primarily coal and oil), and
during metal smelting and other industrial processes. Sulfur dioxide (S02) is often used
interchangeably with sulfur oxides (SOX). The major health concerns associated with
exposure to high concentrations of SOX are effects on breathing, respiratory illness,
diminishment of pulmonary defenses, and aggravation of existing cardiovascular disease.
Major subgroups of the population that are most sensitive to SOX are individuals with
cardiovascular disease or chronic lung disease (such as bronchitis or emphysema), as well as
children and the elderly. Emissions of SOX also can damage the foliage of trees and
agricultural crops. Together, SOX and NOX are the major precursors to acid rain, which is
associated with the acidification of lakes and streams, and the accelerated corrosion of
buildings and public monuments. Sulfur oxides can react to form sulfates, which significantly
reduce visibility.
Other Pollutants
CARIB has identified lead and vinyl chloride as 'toxic air contaminants' (TACs) with no
threshold level of exposure for adverse health effects determined. These actions allow for
the implementation of control measures at levels below the ambient concentrations
specified for these pollutants. Additionally, because ambient concentrations of lead have
decreased in the Basin, these pollutants are not measured at the monitoring stations.
Toxic Air Contaminants (TACs)
According to Section 39655 of the California Health and Safety Code, a toxic air
contaminant is "an air pollutant which may cause or contribute to an increase in mortality
or an increase in serious illness, or which may pose a present or potential hazard to human
health". In addition, substances that have been listed as Federal hazardous air pollutants
(HAPs) pursuant to Section 7412 of Title 42 of the United States Code are TACs under
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the State's air toxics program pursuant to Section 39657 (b) of the California Health and
Safety Code.
TACs can cause various cancers, depending on the particular chemicals, their type, and
duration of exposure. Additionally, some of the TACs may cause other health effects over
the short or long term. TACs of particular concern for posing health risks in California are
acetaldehyde, benzene, 1-3 butadiene, carbon tetrachloride, hexavalent chromium, para-
dichlorobenzene, formaldehyde, methylene chloride, perch lorethylene, and diesel
particulate matter.
Reactive Organic Gases and Volatile Organic Compounds
Volatile organic compounds (VOCs) are organic chemical compounds with sufficiently high
vapor pressure such that they will tend to vaporize and enter ambient air under standard
conditions. A wide range of carbon-based molecules, such as aldehydes, ketones, and
hydrocarbons are VOCs. Hydrocarbons are organic gases, liquids, or solids that are formed
solely of hydrogen and carbon. A subset of VOCs are reactive in the context of ozone
formation at urban (and possibly regional) scales. Reactive Organic Gases (ROGs) are
defined to be those VOCs that are regulated because they lead to ozone formation. Both
ROGs and VOCs can be emitted from the incomplete combustion of hydrocarbons or
other carbon-based fuels. The major sources of VOCs are combustion engine exhaust, oil
refineries, and oil-fueled power plants; other common sources are petroleum fuels,
solvents, dry cleaning solutions, and paint (via evaporation).
Reactive VOCs may result in the formation of ozone and its related health effects.
Carcinogenic forms of VOCs are considered toxic air contaminants ("air toxics''). Some
reactive VOCs are also toxic; an example is benzene, which is both a reactive VOC and a
carcinogen.
Sensitive Receptors
Sensitive populations are more susceptible to the effects of air pollution than the general
population. Sensitive populations (or sensitive receptors) that are in proximity to localized
sources of toxics and CO are of particular concern. Land uses considered sensitive
receptors include residences, schools, playgrounds, childcare centers, athletic facilities, long-
term health care facilities, rehabilitation centers, convalescent centers, and retirement
homes.
Sensitive receptors in the project vicinity include residential, institutional, and
recreational/park uses. Several multi-family units are located approximately 210 feet north
of the project site along Dublin Boulevard, and two single-family residences are located
approximately 100 feet to the southwest along Donlon Way. The Heritage Park and
Museum is located approximately 105 feet to the west of the project site. The Church of
Christ is located approximately 95 feet north of the project site along Dublin Boulevard,
and the Dublin Cemetery is located approximately 280 feet to the west along Donlon
Way.
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Air Quality
Odors
Offensive odors rarely cause physical harm; however, they can be very unpleasant, leading
to considerable stress among the public and often generating citizen complaints to local
governments and agencies. Facilities commonly known to produce odors include
wastewater treatment facilities, chemical manufacturing, painting/coating operations, feed
lots/dairies, composting facilities, landfills, and transfer stations. Offensive odors rarely cause
physical harm, and no requirements for their control are included in State and Federal air
quality regulations. However, the BAAQMD has identified land use and operation types
that are typically associated with producing odors. No facilities in the project vicinity have
been reported as releasing offensive odors. Additionally, the proposed project does not
propose uses identified by the BAAQMD as sources of odors.
Regulatory Setting
Regulatory oversight for air quality in the Basin rests with the U.S. Environmental Protection
Agency (EPA) Region IX office at the Federal level, CARB at the State level, and with the
BAAQMD at the regional level.
Federal
Environmental Protection Agency
The principal air quality regulatory mechanism on the Federal level is the Clean Air Act
(FCAA) and, in particular, the 1990 amendments to the FCAA and the National Ambient
Air Quality Standards (NAAQS) that it establishes. These standards identify levels of air
quality for "criteria'' pollutants that are considered the maximum levels of ambient
(background) air pollutants considered safe, with an adequate margin of safety, to protect
the public health and welfare. The criteria pollutants are 03, CO, NO2 (a form of NOX),
S02 (a form of SOX), PMio, PM2.5, and lead (Pb); refer to Table 3.2-2: National and
California Ambient Air Quality Standards. The EPA also has regulatory and enforcement
J urisdiction over emission sources beyond State waters (outer continental shelf) and those
that are under the exclusive authority of the Federal government, such as aircraft,
locomotives, and interstate trucking.
State
California Air Resources Board
CARB administers the air quality policy in California. The California Ambient Air Quality
Standards (CAAQS) were established in 1969 pursuant to the Mulford-Carrell Act. These
standards, included with the NAAQS in Table 3.2-2: National and California Ambient Air
Quality Standards, are generally more stringent and apply to more pollutants than the
NAAQS. In addition to the criteria pollutants, CAAQS have been established for visibility
reducing particulates, hydrogen sulfide, and sulfates.
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Local
Bay Area Air Quality Management District
The BAAQMD is responsible for regulating stationary, indirect, and area sources of
pollution within the Basin. The BAAQMD is one out of 35 air quality management districts
that have prepared Air Quality Management Plans (AQMPs) to accomplish the five percent
annual reduction goal required by the CCAA. The following notes efforts by the
BAAQMD to address ozone and ozone precursors through the implementation of the
Ozone Strategy and Clean Ait Plan.
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Table 3.2-2: National and California Ambient Air Quality Standards
Califomia' Feder-a12
Pollutant Averaging Time s Attainment 4 Attainment
Standard Status Standards Status
I Hour 0.09 ppm 180 p/m3) Nonattainment N/A' N/A5
Ozone(03)
8 Hours 0.07 ppm 137 /m3 N/A 0.075 ppm 147 /m3 Nonattainment
Particulate Matter 24 Hours 50µ /m3 Nonattainment 150 P/M3 Unclassified
(PMio) Annual Arithmetic 20µg/m3 Nonattainment N/A' Unclassified
Mean
Fine Particulate 24 Hours No Separate State Standard 35 /m3 Nonattainment
Matter(PM2.5) Annual Arithmetic 12µg/m3 Nonattainment 12.0µg/m3 Nonattainment
Mean
8 Hours 9.0 ppm (10 mg/m3) Attainment 9 ppm (10 mg/m3) Unclassifed/
Carbon Monoxide Attainment
(CO) I Hour 20 ppm (23 mg/m3) Attainment 35 ppm (40 mg/m3) Unclassified/
Attainment
Dioxide
Nitrogen Annual Arithmetic 0.030 ppm( µg )57 /m3 ppm ( µg N/A 0.053 100 /m3 Unclassified/
g Mean ) Attainment
(N 0,) I Hour 0.18 m 339 /m3 Attainment 100 b 188 /m3 N/A
Lead(Pb) 30 days average 1.5 /m3 Attainment N/A 3 N/A
Calendar Quarter N/A N/A 1.5 /m N/A
24 Hours 0.04 ppm 105 /m3 Attainment 0.14 ppm Attainment
Sulfur Dioxide 3 Hours N/A N/A N/A Attainment
(SO2) 1 Hour 0.25 m 655 /m3 Attainment 75 ppb 196 /m3 N/A
Annual Arithmetic N/A N/A 0.030 ppm Attainment
Mean
Visibility-Reducing 8 Hours(10 a.m.to Extinction coefficient=
Particles 6 .m.,PST 0.23 km @<70%RH Unclassified
No
Sulfates 24 Hour 25 µg/m3 Attainment Federal
Hydrogen Sulfide I Hour 0.03 ppm 42µ /m3 Unclassified Standards
Vinyl Chloride 24 Hour 0.01 ppm 26 /m3 N/A
Notes:
µg/m3= micrograms per cubic meter, ppm = parts per million; ppb = parts per billion; km = kilometer(s); RH = relative humidity; PST= Pacific Standard Time; N/A = Not
Applicable
1. California standards for ozone,carbon monoxide(except Lake Tahoe),sulfur dioxide(I-and 24-hour),nitrogen dioxide,suspended particulate matter-PMio and visibility-reducing
particles are values that are not to be exceeded. All others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in
Section 70200 of Title 17 of the California Code of Regulations. In 1990,CARB identified vinyl chloride as a toxic air contaminant,but determined that there was not sufficient
available scientific evidence to support the identification of a threshold exposure level. This action allows the implementation of health-protective control measures at levels
below the 0.010 parts per million ambient concentration specified in the 1978 standard.
2. National standards(other than ozone,particulate matter and those based on annual averages or annual arithmetic mean) are not to be exceeded more than once a year. The
EPA also may designate an area as attainment/unc/assi6ab/e,if.(I)it has monitored air quality data that show that the area has not violated the ozone standard over a three-year
period; or(2)there is not enough information to determine the air quality in the area. For PM 10,the 24-hour standard is attained when the expected number of days per
calendar year with a 24-hour average concentration above 150 µg/m3 is equal to or less than one. For PM25,the 24-hour standard is attained when 98 percent of the daily
concentrations,averaged over three years,are equal to or less than the standard.
3. Concentration is expressed first in units in which it was promulgated. Equivalent units given in parentheses are based upon a reference temperature of 25°C and a reference
pressure of 760 mm of mercury. Most measurements of air quality are to be corrected to a reference temperature of 25°C and a reference pressure of 760 mm of mercury
(1,013.2 millibar);ppm in this table refers to ppm by volume,or micromoles of pollutant per mole of gas.
4. National Primary Standards:The levels of air quality necessary,with an adequate margin of safety,to protect the public health.
5. The Federal I-hour ozone standard was revoked on June 15,2005 in all areas except the 14 8-hour ozone nonattainment Early Action Compact(EAC)areas.
6. The EPA revoked the annual PM,C standard in 2006(effective December 16,2006).
7. To attain this standard,the 3-year average of the 98th percentile of the daily maximum I-hour average at each monitor within an area must not exceed 0.100 ppm(effective
anua 22,2010.Note that EPA standards are in units of b and California standards are in units of m.
Source: Califomia Air Resources Board and U.S.Environmental Protection Agency, une 4.2013.
2005 Ozone Strategy. The BAAQMD prepared the Bay Area 2005 Ozone Strategy, which
was adopted on January 4, 2006, and describes how the Basin will fulfill Califomia Clean Air
Act planning requirements for the State I-hour ozone standard and transport mitigation
requirements through the proposed control strategy. The 2005 Ozone Strategy explains
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how the BAAQMD plans to achieve these goals with regard to ozone, and also discusses
related air quality issues of interest, including the public involvement process, climate
change, fine particulate matter, the BAAQMD's Community Air Risk Evaluation (CARE)
program, local benefits of ozone control measures, the environmental review process,
national ozone standards, and photochemical modeling.
2010 Bay Area Clean Air Plan. In March 2010, the BAAQMD, in cooperation with the
Metropolitan Transportation Commission (MTC) and Association of Bay Area
Governments (ABAG), published the draft 2010 Bay Area Clean Air Plan, which
supersedes the Bay Area 2005 Ozone Strategy. The 2010 Bay Area Clean Air Plan
updates the 2005 Ozone Strategy in accordance with the requirements of the CCAA to
achieve the following:
Implement all feasible measures to reduce ozone; provide a control strategy to
reduce ozone, particulate matter, toxic air contaminants, and greenhouse gases
(GHGs) in a single, integrated plan;
Review progress in improving air quality in recent years; and
Establish emission control measures to be adopted or implemented in the 2010 to
2012 time frame.
The control strategy includes stationary-source control measures to be implemented
through BAAQMD regulations; mobile-source control measures to be implemented
through incentive programs and other activities; and transportation control measures to be
implemented through transportation programs in cooperation with the MTC, local
governments, transit agencies, and others. The 2010 Bay Area Clean Air Plan also
represents the Bay Area's most recent triennial assessment of the region's strategy to attain
the State one-hour ozone standard.
Thresholds Under CEQA, the BAAQMD is a commenting responsible agency on air
quality within its jurisdiction or impacting its jurisdiction. The BAAQMD reviews projects
to ensure that they would: (1) support the primary goals of the latest Air Quality Plan; (2)
include applicable control measures from the Air Quality Plan; and (3) not disrupt or hinder
implementation of any Air Quality Plan control measures.
The BAAQMD adopted their CEQA Air Quality Guidelines to assist lead agencies in
evaluating air quality impacts of projects and plans proposed in the Basin. The CEQA Air
Quality Guidelines provide BAAQMD-recommended procedures for evaluating potential
air quality and GHG impacts during the environmental review process consistent with
CEQA requirements. In addition to providing new thresholds for GHG emissions, the
201 1 CEQA Air Quality Guidelines provide updated significance thresholds for criteria
pollutants and supersede the BAAQMD's previous CEQA guidance titled BAAQMD
CEQA Guidelines Assessing the Air Quality Impacts of Projects and Plans (1999).
Ki J.y Hw
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On March 5, 2012, the Alameda County Superior Court issued a judgment finding that the
BAAQMD had failed to comply with CEQA when it adopted the thresholds. The court
issued a writ of mandate ordering the BAAQMD to set aside the thresholds and cease
dissemination of them until the BAAQMD had complied with CEQA. Per CEQA
Guidelines Section 15064.7 (Thresholds of Significance) the City of Dublin will nonetheless
exercise its own discretion to rely on the thresholds within the Options andlustification
Report (dated October 2009) prepared by the BAAQMD. The BAAQMD Options and
Justification Report establishes thresholds based on substantial evidence and are consistent
with the thresholds outlined within the 201 1 CEQA Air Quality Guidelines.
On August 13, 2013, the First District Court of Appeal reversed the Superior Court
decision, holding that BAAQMD's promulgation of the thresholds was not a project subject
to CEQA review. First, the court reasoned, the State CEQA Guidelines establish a
procedure for adopting significance thresholds, and CEQA review of the thresholds
themselves is not part of that procedure. Moreover, in adopting the thresholds, BAAQMD
had undertaken a public review process and considered substantial evidence, so that
requiring CEQA analysis would be duplicative. The court also found insufficient evidence to
show that the thresholds would qualify as a "project'' subject to CEQA by causing a
physical change to the environment. Finally, the court concluded that BAAQMD's
thresholds were supported by substantial evidence and not arbitrary or capricious.
If the project is in excess of the established project level thresholds, as illustrated in Table
3.2-3: BAAQMD Project Level Thresholds, a significant air quality impact may occur and
additional analysis is warranted to fully assess the significance of impacts.
Table 3.2-3: BAAQMD Project Level Thresholds
Pollutant/Precursor Construction Operations
ROG 54 54
NOX 54 54
PM o 82 82
PM25 54 54
Notes:
tpy=tons per year, Pl=fine particulate matter with a diameter of 2.5 micrometers or less;
l day=pounds per day; PM,o=respirable particulate matter with a diameter of 10 micrometers or less;
NOx=oxides of nitrogen; ROG=reactive organic gases.
I. For Plan level impacts, BAAQMD includes Control Measures to address construction emissions. Significance is determined based on
Project's compliance with Control Measures. If Plans comply with the measures,the impact is less than significant.
Source: BAAQMD, Options and/u5ti6cation Re oil,October 2009 and BAAQMD, CEQA Air Quality Guidelines,May 201 1.
The Thresholds of Significance for local community risk and hazard impacts are identified
below, which apply to both the siting of a new source and to the siting of a new receptor.
Local community risk and hazard impacts are associated with TACs and PM2,5 because
emissions of these pollutants can have significant health impacts at the local level. If
emissions of TACs or fine particulate matter with an aerodynamic resistance diameter of
2.5 micrometers or less (PM2.5) exceed any of the Thresholds of Significance listed below,
the proposed project would result in a significant impact.
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• Non-compliance with a qualified risk reduction plan; or,
• An excess cancer risk level of more than 10 in one million, or a non-cancer (i.e.,
chronic or acute) hazard index greater than 1.0 would be a cumulatively
considerable contribution;
• An incremental increase of greater than 0.3 micrograms per cubic meter (pg/m3)
annual average PM2.5 would be a cumulatively considerable contribution.
State Air Toxics Program
Toxic air contaminants are another group of pollutants of concern in California. There are
hundreds of different types of toxic air contaminants, with varying degrees of toxicity.
Sources of toxic air contaminants include industrial processes such as petroleum refining
and chrome plating operations, commercial operations such as gasoline stations and dry
cleaners, and motor vehicle engine exhaust. Public exposure to toxic air contaminants can
result from emissions from normal operations, as well as accidental releases of hazardous
materials during upset spill conditions. Health effects of toxic air contaminants include
cancer, birth defects, neurological damage, and death.
California regulates toxic air contaminants through its air toxics program, mandated in
Chapter 3.5 (Toxic Air Contaminants) of the Health and Safety Code (Health and Safety
Code Section 39660 et seq.) and Part 6 (Air Toxics "Hot Spots'' Information and
Assessment) (Health and Safety Code Section 44300 et sec.). CARB, working in
conjunction with the State Office of Environmental Health Hazard Assessment, identifies
toxic air contaminants. Air toxic control measures may then be adopted to reduce
ambient concentrations of the identified toxic air contaminant to below a specific threshold,
based on its effects on health, or to the lowest concentration achievable through use of
best available control technology (BAC4T) for toxics. The program is administered by
CARB. Air quality control agencies, including the BAAQMD, must incorporate air toxic
control measures into their regulatory programs or adopt equally stringent control
measures as rules within six months of adoption by CARB.
Attainment Status
The Basin is considered in attainment or unclassified for most of the criteria pollutants for
State and Federal considerations, except for 03, PMio, and PM2.5. Under Federal
regulations the Basin is designated an unclassified/attainment area for PM 10 standards (see
Table 3.2-4: San Francisco Bay Air Basin Attainment Status).
City of Dublin General Plan
The following policies in the City of Dublin General Plan are applicable to air quality within
the project area.
7.4: Implementing Policy A. Request the Bay Area Air Quality Management District
(BAAQMD) to establish an air quality monitoring station in Dublin.
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Impacts and Mitigation Measures
Criteria for Determining significance
In accordance with CEQA, State CEQ-1 Guidelines, and agency and professional standards,
a project impact would be considered significant if the project would:
• Conflict with or obstruct implementation of the applicable air quality plan;
• Violate any air quality standard or contribute substantially to an existing or
projected air quality violation;
• Result in a cumulatively considerable net increase of any criteria pollutant for which
the project region is in non-attainment under an applicable Federal or State
ambient air quality standard (including releasing emissions that exceed quantitative
thresholds for ozone precursors);
• Expose sensitive receptors to substantial pollutant concentrations; and
• Create objectionable odors affecting a substantial number of people.
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Table 3.2-4: San Francisco Bay Air Basin Attainment Status r
Pollutant State Federal
Carbon Monoxide CO —8 hour Attainment Attainment
Carbon Monoxide CO —I hour Attainment Attainment
Ozone 03 —8 hour Non-attainment Non-Attainment
Ozone 03 — I hour Non-attainment --2
Nitrogen Dioxide NO2 — I hour Attainment Unclassified
Nitrogen Dioxide—Annual Arithmetic Mean -- Attainment
Sulfur Dioxide S02 —24 hour Attainment Attainment
Sulfur Dioxide (SO2) — I hour Attainment Attainment
Sulfur Dioxide (SO2) —Annual Arithmetic _ Attainment
Mean
Particulate Matter(PM 10) —Annual Arithmetic Non-Attainment --
Mean
Particulate Matter PMIO —24 hour Non-Attainment Unclassified
Particulate Matter(PM2,5) —Annual Arithmetic Non-attainment Attainment
Mean
Particulate Matter PM2.5 —24 hour -- Non-attainment
Sulfates—24 hour Attainment --
Lead—Calendar Quarter Attainment
Lead—30 Day Average -- Attainment
Hydrogen Sulfide— I hour Unclassified
Vinyl Chloride chloroethene —24 hour -- --
Visibility Reducing Particulates' Unclassified --
Notes:
N/A—Not Applicable
I. In order for an area to meet a particular standard,all time tests of the applicable standard must be met. Separate designations
are not made for each time component of the standard. For instance,an area might meet the annual cntena of the State PM,o
standard but not the 24-hour requirement. In that case, the area fails to meet the standard and would be designated
nonattainment for the State PM 10 standard. Thus, a single designation is made for each State and Federal standard based on
whether or not the area meets all the aspects of the standard. Designations for State standards are made by CARB while
designations for Federal standards are made by EPA.
2. The national I-hour ozone standard was revoked by the EPA on June 15,2005.
3. The EPA lowered the 24-hour Pl standard from 65 g/m3 to 35 g/m' in 2006. EPA issued attainment status designations for
the 35 g/m3 PM25 standard. The EPA designation will be effective 90-days after publication of the regulation in the Federal
Register. President Obama has ordered a freeze on all pending Federal rules;therefore,the effective date of the designation is
unknown at this time.
Source:BAAQMD,Air Quality Standards and Attainment Status,2012.
(http://hank.baaqmd.gov/pin/air—quality/ambient air ualit .htm
Impacts and Mitigation Measures
Short-Term Construction Emissions
Impact 3.2-1: The proposed project may result in future short-terra air quality
impacts associated with construction activities, including grading,
operation of equipment, and demolition of existing structures on the
project site. This is considered a potentially significant impact.
Construction of the proposed project would commence with demolition of the existing
eight commercial/office buildings and associated improvements in August 2014. Following
demolition, building construction would span over a period of approximately two years.
Construction activities would include grading, paving, site preparation, and architectural
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coating. The project also includes the import of 15,000 cubic yards of soil for the grading
phase of the proposed project.
The analysis of daily construction emissions has been prepared utilizing the California
Emissions Estimator Model (CalEEMod) version 2013.2.2. As shown in Table 3.2-5:
Proposed Project Construction Emissions, short-term construction air emissions would
increase criteria pollutant air emissions in the project vicinity. In particular, NO. emissions
in 2014 and 2015 would exceed BAAQMD's 54 lbs./day threshold. All other emissions
would be under the thresholds through year 2016 construction activities.
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Table 3.2-5: Proposed Project Construction Emissions
Source
Estimated Average Emissions (pounds/day)
ROG NOx3 PMI0 PM2.5
2014
Total Unmitigated Emissions 5.79 59.20 21.56 12.89
BAAQMD Threshold 54 54 82 54
Exceed Threshold? No Yes No No
Total Mitigated Emissions' 2.16 32.92 8.90 5.26
BAAQMD Threshold 54 54 82 54
Exceed Threshold? No No No No
2015
Total Unmitigated Emissions 5.13 56.0 10.34 6.09
BAAQMD Threshold 54 54 82 54
Exceed Threshold? No Yes No No
Total Mitigated Emissions' 2.02 30.36 4.88 2.74
BAAQMD Threshold 54 54 82a 54
Exceed Threshold? No No No No
2016
Total Unmitigated Emissions 29.21 32.0 3.52 2.40
BAAQMD Threshold 54 54 82 54
Exceed Threshold? No No No No
Total Mitigated Emissions, 26.16 16.65 2.02 1.27
BAAQMD Threshold 54 54 82 54
Exceed Threshold? No No No No
ROG = reactive organic gases; NOx= nitrogen oxides; PMio = particulate matter less than 10 microns; PM25 = particulate matter less
than 2.5 microns;lbs./da =pounds per day.
Notes:
I. Emissions estimates calculated using CaIEEMod.
2. The reduction/credits for construction emission mitigations are based on mitigation included in Ca1EEMod and as typically required
by the BAAQMD (Basic Control Measures and Regulation 6:Particulate Matter and Visible Emissions). Fugitive dust mitigation
includes the following:replace ground cover on disturbed areas quickly,water exposed surfaces twice daily,and proper
loading/unloading of mobile and other construction equipment.
3. Enhanced mitigation involves compliance with an additional control measure requiring the use of CARB Certified low-NOx
emissions equipment.
Refer to Appendix B,Air QualitZ and Greenhouse Gas Data,for detailed model in ut/out ut data.
Fugitive Dust Emissions
Fugitive dust (PM 10 and PM2,5) from grading and construction is expected to be short-term
and would cease following completion of the proposed project improvements. Most of
this material is composed of inert silicates, which are less harmful to health than the
complex organic particulates released from combustion sources. These particles are either
directly emitted or are formed in the atmosphere from the combustion of gases such as
NOx and SOx combining with ammonia. The greatest amount of fugitive dust generated
by the proposed project is expected to occur during site grading and excavation activities.
Dust generated by such activities usually becomes more of a local nuisance than a serious
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health problem. Of particular concern is the amount of PM io generated as a part of fugitive
dust emissions.
CalEEMod calculates PM io and PM23 fugitive dust as part of the site earthwork activity
emissions; refer to Table 3.2-5: Proposed Project Construction Emissions. Maximum
particulate matter emissions would occur during the initial stages of construction, when
grading activities would occur. There are a number of feasible control measures that can
be reasonably implemented to significantly reduce PMio and PM2.5 emissions from
construction activities. The BAAQMD recommends the implementation of all
Construction Best Management Practices (BMPs), whether or not construction-related
emissions exceed applicable significance thresholds; refer to Mitigation Measure 3.2-I a.
ROG Emissions
In addition to gaseous and particulate emissions, the application of asphalt and surface
coatings creates ROG emissions, which are 03 precursors. In accordance with the
methodology prescribed by the BAAQMD, the ROG emissions associated with paving
have been quantified using CalEEMod. In addition, based upon the size of the buildings,
architectural coatings were also quantified in CaIEEMod.
The highest concentration of ROG emissions would be generated during the application of
architectural coatings towards the end of the building construction phase. As required by
law, all architectural coatings for the proposed project structures would comply with
BAAQMD Regulation 8, Rule 3: Architectural Coating, Regulation 8, Rule 3 provides
specifications on painting practices and regulates the ROG content of paint. As indicated in
Table 3.2-5: Proposed Project Construction Emissions, project construction would not
result in an exceedance of ROG emissions during any construction phase or year.
Therefore, the project would be in compliance with BAAQMD construction thresholds for
ROG emissions.
Construction Equipment and Worker Vehicle Exhaust
Exhaust emission factors for typical diesel-powered heavy equipment are based on the
CalEEMod program defaults. Variables factored into estimating the total construction
emissions include: level of activity, length of construction period, number of pieces/types of
equipment in use, site characteristics, weather conditions, number of construction
personnel, and the amount of materials to be transported onsite or offsite.
Exhaust emissions from construction activities include emissions associated with the
transport of machinery and supplies to and from the project site, soil import, emissions
produced on-site as the equipment is used, and emissions from trucks transporting
materials and workers to and from the site. Emitted pollutants would include ROG, NOx,
PMio, and PM2,5. As shown in Table 3.2-5: Proposed Project Construction Emissions,
unmitigated NOx thresholds would be exceeded during the 2014 and 2015 construction
years. Therefore, Mitigation Measure 3.2-1 b would be required to reduce NOx emissions.
Implementation of Mitigation Measure 3.2-1 b would reduce NOx emissions to a less than
significant level in the 2014 and 2015 construction years.
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Structural Asbestos
Asbestos is a strong, incombustible, and corrosion resistant material, which was used in
many commercial products prior to the 1940s and up until the early 1970s. If inhaled,
asbestos fibers can result in serious health problems. Asbestos Containing Materials
(ACMs) are building materials containing more than one percent asbestos (some state and
regional regulators impose a one-tenth of one percent threshold). The on-site 1 10,000
square foot office complex requires demolition as part of the proposed project; therefore,
the potential for ACMs to be found on-site is considered likely. The BAAQMD regulates
the demolition of buildings and structures containing asbestos. On-site demolition activities
would be conducted in accordance with BAAQMD Regulation 1 1, Rule 2 (Asbestos
Demolition, Renovation and Manufacturing). Rule 2 provides measures to control
emissions of asbestos to the atmosphere and includes wetting methods, removal in units,
removal by chute or container, containment requirements, and disposal requirements.
Therefore, impacts would be less than significant with compliance with BAAQMD
regulations. Refer to Section 3.6, Hazards and Hazardous Materials, for an additional
discussion of asbestos.
Total Daily Construction Emissions
Due to the extent of the construction activities for the proposed project (demolition,
grading, soil import, hauling, etc.), construction NOx emissions would exceed BAAQMD
short-term construction emission thresholds in 2014 and 2015. As such, the proposed
project would have the potential to also violate Federal and State ambient air quality
standards. Implementation of Mitigation Measures 3.2-1 a and 3.2-1 b would reduce 2014
and 2015 construction NOx emissions to levels below BAAQMD thresholds by requiring
the BAAQMD's BMPs, and by utilizing Best Available Control Technology (BACT) to
reduce emissions from diesel trucks, generators and off-road equipment (e.g., cranes,
dozers, graders, pavers, etc.). As the proposed project would generate construction
emissions below BAAQMD thresholds with implementation of Mitigation Measures 3.2-1 a
and 3.2-1 b, this potentially significant impact would be reduced to a less than significant
impact with regards to short-term construction emissions.
Mitigation Measures:
MM 3.2-1 a Implement Short-term Construction Best Management Practices Prior to
issuance of any Grading or Demolition Permit, the City Engineer and the
Chief Building Official shall confirm that the Grading Plan, Building Plans, and
contract specifications stipulate that the proposed project adhere to the
most recent BAAQMD CEQA guidelines regarding short-term construction
best management practices. These may include the following:
Water all active construction areas to maintain 12 percent soil moisture.
All grading shall be suspended when winds exceed 20 miles per hour.
L All haul trucks transporting soil, sand, or other loose material off-site
shall be covered.
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• Pave, apply water two times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas, and staging areas at construction
sites.
• Hydroseed or apply non-toxic soil stabilizers to inactive construction
areas (previously graded areas inactive for ten days or more).
• Enclose, cover, water twice daily or apply non-toxic soil binders to
exposed stockpiles (dirt, sand, etc.).
• All visible mud or dirt track-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. Install sandbags or other erosion control measures to prevent silt
runoff to public roadways.
• Site access points from public roadways shall be paved or treated to
prevent track-out.
• Replace vegetation in disturbed areas as quickly as possible.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed
as soon as possible.
• Idling times shall be minimized either by shutting equipment off when
not in use or reducing the maximum idling time to two minutes. Clear
signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in
accordance with manufacturers specifications. All equipment shall be
checked by a certified mechanic and determined to be running in
proper condition prior to operation.
It Post a publicly visible sign with the telephone number and person to
contact at the City regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The BAAQMD's phone
number shall also be visible to ensure compliance with applicable
regulations.
MM 3.2-1 b Implement NOx Reduction Measure,-.- The following measures shall be
implemented during construction to reduce NOx related emissions. They
shall be included in the Grading Plan, Building Plans, and contract
specifications and shall include the following:
All construction equipment, diesel trucks, and generators shall be
equipped with Best Available Control Technology for emission
reductions of NOx.
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• All contractors shall use equipment that meets the California Air
Resources Board's most recent certification standard for off-road heavy
duty diesel engines.
• The idling time of diesel powered construction equipment shall be
minimized to two minutes.
IL The project shall develop a plan demonstrating that the off-road
equipment (more than 50 horsepower) to be used in the construction
project (i.e., owned, leased, and subcontractor vehicles) would achieve a
project wide fleet-average 20 percent NOx reduction and 45 percent
PM reduction compared to the most recent California Air Resources
Board fleet average. Acceptable options for reducing emissions include
the use of late model engines, low-emission diesel products, altemative
fuels, engine retrofit technology, after-treatment products, add-on
devices such as particulate filters, and/or other options as such become
available.
IL Utilize existing power sources (i.e., electrical power) when available.
This measure would minimize the use of higher polluting gas or diesel
generators.
Long-Term Operational Emissions — Regional Emissions
Impact 3.2-2: Implementation of the proposed project could result in regional air
emissions from operational sources in exceedance of BAAQMD significance
thresholds. This is considered a potentially significant impact.
Implementation of the proposed project would result in new long-term operational
emissions generated by new area, energy, and mobile source air emissions. Operational
emissions from area, energy and mobile sources are depicted in Table 3.2-6: Proposed
Project Long-Term Operational Emissions.
Area Source Emissions
Area source emissions would be generated due to an increased demand for natural gas
associated with the development of the proposed project. The primary use of natural gas
would be from woodstoves (hearths), consumer products, architectural coating, and
landscaping. As shown in Table 3.2-6: Proposed Project Long-Term Operational Emissions,
unmitigated area source emissions from the proposed project would not exceed
BAAQMD thresholds for NOx, PMio, or PM23, but would exceed thresholds for ROG.
However, implementation of Mitigation Measure 3.2-2, which requires natural gas hearths
for the proposed residential units, would reduce operational ROG emissions to levels
below BAAQMD thresholds.
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Energy Source Emissions
Energy source emissions would be generated as a result of electricity and natural gas (non-
hearth) usage including space heating and cooling, water heating, ventilation, lighting,
appliances, and electronics.
Mobile Source Emissions
Mobile sources are emissions from motor vehicles, including tailpipe and evaporative
emissions. According to the preliminary traffic analysis for the proposed project, the
project would result in a net reduction of 600 vehicle trips compared to existing conditions.
As such, mobile emissions from motor vehicles would also be expected to be reduced with
implementation of the proposed project. As shown in Table 3.2-6: Proposed Project Long-
Term Operational Emissions, unmitigated mobile source emissions generated by vehicle
traffic associated with the proposed project would not exceed established BAAQMD
thresholds for PM2.5, ROG, NOx, and/or PMio.
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Table 3.2-6: Proposed Project Long-Term Operational Emissions
Source Estimated Average Emissions(pounds/day)
ROG NOx PM I O PM2.5
Existing
Area 2.67 0.00 0.00 0.00
Energy 0.06 0.51 0.04 0.04
Mobile 8.07 23.11 7.63 2.33
Total Existing 10.8 23.62 21.04 3.65
Unmitigated Emissions
Area 100.85 1.33 16.43 16.43
Energy 0.06 0.55 0.04 0.04
Mobile 3.41 9.36 4.40 1.26
Total Proposed-Unmitigated 104.32 22.71 20.87 17.73
Mitigated Emissions
Areal 4.22 0.05 0.11 0.1 I
Energy 0.06 0.48 0.04 0.04
Mobile 3.26 8.63 3.70 1.05
Total Proposed-Mitigated 7.54 9.16 3.85 I.20
BAAQMD Threshold 54 54 82 54
Net Emissions 4.87 9.16 3.85 1.20
BAAQMD Threshold 54 54 823 54
Threshold Exceeded? No No No No
Notes: ROG=reactive or ganic gases;NOx=nitrogen oxides;PM,o=particulate matter less than 10 microns;PM25=particulate
matter less than 2.5 microns;lbs./day=pounds per day.
I. Emissions estimates calculated using CaIEEMod.
2. Area source mitigation includes the use of low VOC paints and only natural gas hearths (BAAQMD Regulation 6, Rule 3),which
are included in Mitigation Measure 3.2-2
Refer to A endix B,Air QualitX and Greenhouse Gas Data,for detailed model input/output data.
Total Emissions
As shown in Table 3.2-6: Proposed Project Long-Term Operational Emissions, the total
unmitigated operational emissions associated with implementation of proposed project
would not exceed BAAQMD thresholds for NOx, PM 10, and/or PM2,5, ROG emissions
from area sources (i.e., hearths) would be in exceedance under this scenario. However,
ROG emissions from area sources would be reduced to levels within BAAQMD thresholds
with implementation of Mitigation Measure 3.2-2, and compliance with BAAQMD
Regulation 6, Rule 3 (Wood-Buming Devices), which restricts wood burning and places
limits on excessive smoke. As such, operational emissions for the proposed project would
not exceed thresholds for ROG, NOx, PM 10, and/or PM2.5 emissions. Therefore, overall
operational emissions would be reduced from potentially significant to less than significant
with implementation of Mitigation Measure 3.2-2.
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Mitigation Measure:
MM 3.2-2 Implement only natural gas hearths in residential units: The
proposed project shall include natural gas hearths only in the
proposed on-site residential units. These shall be incorporated into
the project design to reduce operational ROG air emissions to
ensure consistency with BAAQMD emission thresholds. The
project applicant shall demonstrate the incorporation of natural gas
hearths prior to approval of final design documents.
Long-Term Operational Emissions - Localized Carbon Monoxide (CO)
Impact 3.2-3: Carbon monoxide concentrations are low in the project vicinity and
the proposed project would result in carbon monoxide
concentrations that would be well below the State and Federal
standards. Therefore, the proposed project would have a less than
significant impact on localized carbon monoxide concentrations.
The Basin is designated as attainment for carbon monoxide (CO). Emissions and ambient
concentrations of CO have decreased dramatically in the Basin with the introduction of the
catalytic converter in 1975. No exceedances of the CAAQS or NAAQS for CO have
been recorded at nearby monitoring stations since 1991. As a result, the BAAQMD
screening criteria notes that CO impacts may be determined to be less than significant if a
project is consistent with the applicable congestion management plan (CMP) and would
not increase traffic volumes at local intersections to more than 24,000 vehicles per hour for
locations in heavily urban areas, where "urban canyons'' formed by buildings tend to reduce
air circulation. The proposed project would result in a net reduction in vehicle trips
compared to existing conditions. Therefore, the proposed project would not increase the
number of vehicles at intersections. As such, effects related to CO concentrations would
be less than significant.
Long-Term Operational Emissions —Toxics Air Contaminants
Impact 3.2-4: The proposed project could expose sensitive receptors to
substantial long-term operational pollutant concentrations,
particularly from vehicles and trucks on adjacent roadways. These
impacts are considered potentially significant.
Impacts to Off-Site Receptors
The proposed residential and office uses would not generate toxic air contaminants (TAC)
that would pose a possible risk to off-site uses. Any possible off-site TAC impacts would
result solely from construction. Combustion emissions from construction equipment
would be generated during project construction and could expose sensitive receptors to
diesel particulate matter (DPM) and other TACs. DPM exhaust emissions for project
construction from off-road heavy equipment were calculated using CaIEEMod. These
activities are expected to occur over a three year period.
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The BAAQMD has developed screening tables, the most recent of which are dated 201 1,
for air toxics evaluation during construction to determine if a proposed project is
sufficiently limited and setbacks are adequate to ensure that impacts to sensitive receptors
from exposure to carcinogenic DPM emissions during project construction are less than the
levels shown in BAAQMD screening tables (BAAQMD 2013). There are existing homes
(approximately 210 feet [64 meters] to the north and 100 feet to the southwest) closer
than the setback distance that would allow the local risks and hazards to be screened out.
A quantitative screening-level impact analysis is therefore required.
The BAAQMD's Recommended Methods for Screening and Modeling Local Rlsks and
Hazards (BAAQMD 201 1) was used to complete this screening-level health risk
assessment. The BAAQMD recommends a two-tiered approach for screening-level health
risk assessments: a screening-level dispersion model is initially applied to project emissions
using generally over-predictive assumptions and if the predicted health risk is not within
acceptable levels, then a more sophisticated dispersion modeling is necessary.
A screening-level individual cancer analysis was conducted to determine the maximum
PM2.5 concentration from diesel exhaust. This concentration was combined with the DPM
exposure unit risk factor to calculate the inhalation cancer risk from project-related
construction activities at the closest sensitive receptor. The EPA AERSCREEN air
dispersion model was used to evaluate concentrations of DPM and PM2.5 from diesel
exhaust. The AERSCREEN model was developed to provide an easy to use method of
obtaining pollutant concentration estimates and is a single source Gaussian plume model,
which provides a maximum one-hour ground-level concentration. The model output for
this analysis is included in Appendix B.
As shown in Table 3.2-5: Proposed Project Construction Emissions, the worst construction
year would be in Year 3 and that 1.27 tons of PM2.5 (mitigated emissions, refer to Mitigation
Measure 3.2-1 a) would result from on-site construction activities. With this emissions rate
input into AERSCREEN, the predicted maximum one-hour off-site DPM concentration is
0.4472 g/m3. The hourly to annual scaling factor is 0.1. AERSCREEN output thus indicates
that project construction would produce a maximum annual DPM concentration of 0.045
g/m3. This is less than the individual project PM2.5 significance threshold of 0.3 g/m3.
Annual PM23 concentrations during the other years of construction would be less than the
peak Year 3 maximum of 0.12 tons of PM2,5 exhaust on-site. Therefore, the annual average
PM23 concentrations in any other year would also be less than the 0.3 g/m3 significance
threshold.
The excess individual cancer risk factor for DPM exposure is approximately 300 in a million
per I gg/m3 of lifetime exposure. More recent research has determined that young
children are substantially more sensitive to DPM exposure risk. If exposure occurs in the
first several years of life, an age sensitivity factor (ASF) of 10 should be applied. For
toddlers through mid-teens, the ASF is 3. The DPM exposure risk from construction
exhaust thus depends upon the age of the receptor population. As a worst-case
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assumption it was assumed that the Year 3 DPM emissions maximum persists at that level
for up to 3 years of construction. However, as indicated in Table 3.2-7: Construction
Related Health Risk, even with the application of ASFs, the exposure risk to off-site
residences is below BAAQMD threshold. It should be noted that the results depicted in
Table 3.2-7: Construction Related Health Risk conservatively assume that the worst case
emissions would occur during each of the construction years.
Table 3.2-7: Construction Related Health Risk
Age Excess Cancer Riskl
<0 to 2 Years2 5.79 in a million
3 to 15 Years 1.74 in a million
>15 Years 0.58 in a million
BAq QMD Si nificance Threshold >l0 in a million
Notes:
I. DPM (p g/m3)*300 x 10-6 x ASF weighted months/840 months (70 years)
2. <0 years indicates in utero,third trimester
As indicated above, the maximum individual cancer risk would be below the 10 in a million
significance threshold for all age-groups, resulting in a less than significant impact. The risks
for the existing residential uses located near the project boundary, would also be less than
significant.
The significance thresholds for TAC exposure also require an evaluation of non-cancer risk
stated in terms of a "hazard index'' (HI). An acute or chronic HI of 1.0 is considered
individually significant. HI is calculated by dividing the acute or chronic exposure by the
reference exposure level. For DPM, there is no published acute non-cancer risk reference
level. The chronic reference level for DPM is reported by California Office of
Environmental Health Hazard Assessment (OEHHA) to be 5.0 µg/m3. The chronic HI for
construction activities would be 0.09, which would be a less than significant impact
On-Site Risk and Health Hazards
The BAAQMD CEQA Guidelines recommend that existing stationary and mobile
emissions sources within 1,000 feet of the project vicinity also be considered in addition to
the project's sources. The BAAQMD defines a receptor to be "a place where people live,
play, or convalesce". These types of receptors would include residences, schools, school
yards, parks, daycare centers, nursing homes, and medical facilities. The proposed project
would develop single family residences approximately 350 feet north of the 1-580 freeway.
The BAAQMD and CARB recommend site-specific health risk assessments be performed
when siting sensitive land uses within 1,000 feet of a freeway. Long-term exposure to toxic
air contaminants of potential concern within the project site includes DPM which is emitted
mostly from diesel powered cars and trucks on the 1-580 freeway. Following the
BAAQMD risk and hazard screening analysis process, the proposed project would fail the
initial and advanced screening for PM25 and lifetime excess cancer risk.
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To confirm the results of the screening analysis, a refined dispersion modeling analysis was
conducted utilizing local meteorology, emission rates, and highway estimates. Refined
dispersion modeling was performed using the EPA AERMOD model, which is a dispersion
model that predicts air pollutant concentrations from various sources. The dispersion
modeling utilized freeway traffic data from Caltrans (Caltrans 2012), as well as emissions
rates and vehicle fleet data from the EMFAC model. Assumptions and calculations used in
determining the health risk with respect to roadway usage in the project area is included in
Appendix B.
Based on the results of the analysis described above, receptors were modeled within the
project site where the residences would be located. The modeling identified the maximum
potential cancer risks as 16.28 cases per million at the project site. It should be noted that
this represents the worst case within the project site. The range of cancer risk within the
project site based on distance from 1-580 is 4.20 to the 16.28 cases per million. Based on
the modeling results, potential cancer risks could exceed the 10 in one million threshold for
residences within 600 feet of the north edge of 1-580 freeway general purpose lanes. As a
result, Mitigation Measure 3.2-4 would be required for all dwelling units within 600 feet of
the 1-580 freeway. It should be noted that emissions from heavy-duty diesel trucks are
expected to decline due to the effect of new EPA engine and fuel standards. Additionally,
the CARB Diesel Risk Reduction Plan set a goal to reduce diesel particulate matter by 85
percent (from a 2000 baseline) by 2020, which would reduce the emissions and risk levels
identified above. With implementation of Mitigation Measure 3.2-1 a and I b and Mitigation
Measure 3.2-4, impacts would be reduced to a less than significant level.
Mitigation Measures
Implement Mitigation Measures 3.2-1 a and I b (described above).
MM 3.2-4 Provide Upgraded Ventilation Systems Prior to the issuance of
building permits, the Community Development Director shall
confirm that all building plans and contract specifications require
residential dwelling units within 600 feet of the north edge of the 1-
580 general purpose lanes to be equipped with sealed heating,
ventilation, and air-conditioning (HVAC) systems. The sealed air
system shall be designed so that all ambient air introduced into the
interior living space would be filtered to remove diesel particulate
matter (DPM) and other particulate matter at minimum of up to 75
percent of particulates of 0.3 micron or larger in size from the
ambient air that is introduced to the system, and 90 percent of
particulates of I micron or larger.
This mitigation measure also requires a commitment by the
applicant to ensure regular maintenance and replacement of filters
as needed. This requirement will be included as part of the
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conditions of approval and could be done as part of the
responsibility of the Home Owner's Association.
Project design specifications shall stipulate that the heating
ventilation and air conditioning (HVAC) system intakes shall be
placed as far away from 1-580 as feasible. The design shall also
require positive pressure with the HVAC system in all occupied
spaces to prevent the incursion of outside air that bypasses the
HVAC filters.
Exposure to Odorous Emissions
Impact 3.2-5: The proposed project would not generate excessive amounts of
odors in the project area, and would be required to comply with
applicable regulatory requirements that will ensure any impact is less
than significant.
Construction Odors
Construction activities under the proposed project could generate airborne odors
associated with the operation of construction vehicles (i.e., diesel exhaust) and the
application of architectural coatings. However, these odors are temporary in nature.
Emissions would occur during daytime hours and would be isolated to the immediate
vicinity. As such, these odors would be short-term and limited to people living and working
near the source and therefore would be considered a less than significant impact.
Operational Odors
Objectionable odors may be associated with a variety of pollutants. According to the
BAAQMD CEQI Guidelines, common sources of odors include wastewater treatment
plants, landfills, composting facilities, refineries, and chemical plants. However, these facility
types are not present within the project area.
Potential operational airborne odors within the project vicinity could be created by cooking
activities associated with the residential uses. These odors would be similar to existing
residential uses in the area and would be confined to the immediate vicinity of the new
buildings. The other potential source of odors would be new waste receptacles within the
project site. The receptacles would be stored in areas and in containers, and be emptied
on a regular basis, before potentially substantial odors have developed. Additionally, City
regulations require protection from excessive odors (City of Dublin Municipal Code
Chapter 8.64, Home Occupations Regulations, and Chapter 8.20, Residential Zoning
Dlstricts). Further, BAAQMD Regulation No. 7, Odorous Substances, establishes general
limitations on odorous substances and specific emission limitations on certain odorous
compounds.
Therefore, with adherence to the Municipal Code regulations and BAAQMD Regulation
No. 7, implementation of the proposed project would not create operational-related
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objectionable odors affecting a substantial number of people within the City and would
result in a less than significant impact.
Long-Term Operational Emissions— Clean Air Plan Consistency
Impact 3.2-6: Construction-related and operational criteria pollutant emissions may
conflict with or obstruct implementation of the applicable Air Quality Plan.
Therefore, implementation of the proposed project would result in a
potentially significant impact
The most recently adopted air quality plan in the Basin is the Bay Area 2010 Clean AirP/an
(CAP). The CAP outlines how the San Francisco Bay Area will attain air quality standards,
reduce population exposure and protect public health, and reduce GHG emissions.
On November 20, 2012, the Dublin City Council adopted a resolution approving the
initiation of a General Plan and Dublin Village Historic Area Specific Plan Amendment Study
to change the land use designation for a portion of the property (5.85 acres) from
Retail/Office to Medium Density Residential. Although the proposed project also includes
14,000 square feet of office space on-site, this would not be considered a regionally
significant project that would significantly affect regional vehicle miles traveled pursuant to
the CEQA Guidelines (Section 15206). Furthermore, the proposed project would result in
a net reduction in vehicle trips and the number of new housing units would not exceed
existing planned housing and population estimates as described in the City of Dublin
General Plan. Therefore, the proposed project would not have the potential to exceed the
level of population or housing foreseen in regional planning efforts. As such, the proposed
project would not have the potential to substantially affect housing, employment, and
population projections within the region, which is the basis of the CAP projections.
As described above, the net increase in regional operational ROG emissions generated by
the proposed project would not exceed the BAAQMD's emissions thresholds with
implementation of Mitigation Measure 3.2-2, and compliance with BAAQMD Regulation 6,
Rule 3 (Wood-Buming Devices). These thresholds are established to identify projects that
have the potential to generate a substantial amount of criteria air pollutants. Because the
proposed project would not exceed these thresholds, the proposed project would not be
considered by the BAAQMD to be a substantial emitter of criteria air pollutants, and would
not contribute to any non-attainment areas in the Basin. Therefore, with the
implementation of Mitigation Measure 3.2-2, the project would be in compliance with state
ozone standards, and the 2010 Bay Area Clean Air Plan and impacts would be less than
significant after mitigation.
Greenhouse Gas (GHG) emissions are discussed in Section 3.5, Greenhouse Gas
Emissions, which concludes that the proposed project would reduce its ''business as usual"
GHG emissions by 15.2 percent. The proposed project would also result in 990.37 metric
tons of CO2 equivalent per year (MTCO2eq/year), which is below the BAAQMD's 1,100
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MTCO2eq/year GHG threshold. Therefore, the proposed project would support the 2010
Bay Area Clean Air Plan goal and performance objective to reduce GHG emissions.
Mitigation Measure
Implement Mitigation Measure 3.2-2 (described above).
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3.3 Cultural Resources
This section analyzes the potential impacts to archaeological, paleontological, and historical
resources, which may be present within the project site, Background information and
analysis within this section is based on existing background reports including the Dublin
V/lage Historic Area Specific Plan/General Plan Amendment Mitigated Negative
Declaration and the Dublin General Plan.
Environmental Setting
Historic Resources
Regional Setting
Prior to the arrival of the European settlers, the City of Dublin was inhabited by the
Ohlone and Bay Miwok Indians. The first recorded arrival of Europeans in the Amador
Valley took place in April of 1772. Lieutenant Pedro Fages, Fray Juan Crespo and a dozen
Spanish soldiers marched through the Valley while traveling from Drake's Bay to the
Presidio of Monterey. Lieutenant Fages was impressed with the beauty of the Valley and
the expedition likely stopped to obtain water from what is known as Alamilla Springs.
For over 60 years, Alamilla Springs remained in its natural state until the Mexican
Government passed the Secularization Act of 1833. In August of 1835, Governor Jose
Figueroa granted over 16,000 acres of land to Jose Amador, a previous civilian
administrator, or Mayordomo of Mission San Jose. Shortly thereafter, Amador built a two-
story, Monterey-style adobe near Alamilla Springs, which became the first settlement of
present-day Dublin and the principal stopping point for travelers in search of water, food,
and lodging.
The Mexican Rancho era of California History ended when American citizens in California
revolted against the Mexican government. On June 6, 1846, California became an
independent republic. The signing of the Treaty of Guadalupe Hidalgo in 1848 officially
ended the Mexican American War and ceded the entire northwestern part of Mexico,
including present day Arizona, California, New Mexico, Texas, and parts of Colorado,
Nevada, and Utah to the United States.
After the Mexican American War, Amador was forced to sell parts of his property and two
Irish-immigrants named Michael Murray and Jeremiah Fallon purchased 245 acres each from
Amador in 1852. They built wooden homes near Amador's Adobe and Alamilla Springs.
In 1853, James and Will Dougherty arrived in the Valley and purchased 10,000 acres of
Rancho San Ramon. Dougherty and his family initially made their home in the old Amador
Adobe. By the late 1850s, the tiny settlement know as Amador's or Dougherty's Station
had grown to include several dwellings and a few commercial, religious, and civic buildings.
A formal cemetery was also established in 1859. In 1860, the Amador Hotel was built,
which became a stopping point for the stagecoaches that ran between Oakland and
Stockton, and Martinez and San Jose.
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By 1878, the settlement had grown to include a school, a church, a cemetery, a Sunday
School, two hotels, a general store, a harness shop, a shoe shop, and a blacksmith shop.
The settlement was named after Ireland's Capital City, Dublin due to the presence of a
large number of Irish American immigrants in the area.
Despite its early growth, Dublin's chances of becoming a major commercial center were
halted when the Central Pacific Railroad was built over several miles from the settlement.
The railroad hurt the stagecoach business and inhibited Dublin's potential to grow into a
major commercial and population center.
Dublin's fate changed in the early 1900s due to the increased automobile ownership and
improvements in transportation infrastructure. CA-21, a north-south highway from Benicia
to San Jose (now San Ramon Road) and the east-west Lincoln Highway or Route 50 (now
Dublin Boulevard) both made Dublin an important crossroads for automobile travelers. By
1934, Dublin had grown to include a school, a church, two hotels, a grocery store, a
blacksmith shop, fire gas stations, and a library. Both sides of Lincoln Highway were lined
with businesses.
Between the mid 1930's to the end of the World War II, Dublin Village did not change
substantially. After World War II, suburban growth began to spread across the Valley.
Interstate 680 and Interstate 580 were constructed in the 1960s and 1970s. By the mid-
1970s, most of the older buildings that made up Dublin Village had been destroyed by
neglect, fire, or were demolished for residential development, leaving only a handful of
historic buildings. Local preservation efforts in the 1970s saved some of these resources
from demolition, Resources that were lost were replaced with suburban shopping centers,
office buildings, and apartment complexes.
Dublin Village Historic Area
The original settlement of the Dublin Village now consists of several properties that are
developed with office, commercial, residential, and civic land uses. Several of the historic
structures remain and border the project site to the west across Donlon Way at the
Heritage Park and Museums, which is a ten acre park that includes the St. Raymond's
Catholic Church, the Old Murray Schoolhouse, Pioneer Cemetery, Green's store, and two
bungalow style homes. The Old Murray Schoolhouse serves as a permanent exhibit on the
history of the City and the Kolb House serves as a museum.
Archaeological Resources
In 2003, the project site and vicinity was surveyed by William Self Associates, Inc. as part of
the Dublin V//age Historic Area Specific Plan to identify and map archaeological resources.
Pursuant to a records search at the Northwest Information Center (NWIC) there were
eight archaeological sites identified within a quarter mile radius of the Dublin Village
Historic Area Specific Plan area. In addition to the records search through the NWIC,
William Self Associates also conducted a pedestrian survey of the Specific Plan area. The
pedestrian survey resulted in the identification of previously unrecorded historic resources.
The pedestrian survey was also successful in identifying high probability archaeological areas
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within the boundaries of the Dub/in V//age Historic Area Specific Man, which include those
areas within 493 feet centered on Dublin Creek, as well as those in the general vicinity of
St. Raymond's Church, Pioneer Cemetery, and the Dublin Square Shopping Center site
(William Self Associates, Inc. 2003).
Native American Coordination
To aid in the protection of traditional tribal cultural places (''cultural places'') through local
land use planning, Senate Bill (SB) 18, effective September 2004, requires local government
to notify and consult with California Native American tribes when the local government is
considering adoption or amendment of a general or specific plan, which applies to the
proposed project. The City of Dublin sent letters to the tribal contacts as formal invitations
for consultation under SB 18 for a 90 day review period, which concluded on June 1, 2013.
Regulatory Setting
Federal
Section 106 of the National Historical Preservation Act (NHPA) of 1966
Federal regulations for cultural resources are governed primarily by Section 106 of the
NHPA of 1966. Section 106 of NHPA requires Federal agencies to take into account the
effects of their undertakings on historic properties and affords the Advisory Council on
Historic Preservation a reasonable opportunity to comment on such undertakings. The
Council's implementing regulations, ''Protection of Historic Properties," are found in 36
Code of Federal Regulations (CFR) Part 800. The goal of the Section 106 review process is
to offer a measure of protection to sites, which are determined eligible for listing on the
National Register of Historic Places. The criteria for determining National Register of
Historic Places eligibility are found in 36 CFR Part 60. Amendments to the Act (1986 and
1992) and subsequent revisions to the implementing regulations have, among other things,
strengthened the provisions for Native American consultation and participation in the
Section 106 review process. While federal agencies must follow federal regulations, most
projects by private developers and landowners do not require this level of compliance.
Federal regulations only come into play in the private sector if a project requires a federal
permit or if it uses federal money.
National Register of Historic Places
The National Register of Historic Places is ''an authoritative guide to be used by Federal,
State, and local governments, private groups, and citizens to identify the Nation's cultural
resources and to indicate what properties should be considered for protection from
destruction or impairment." However, the Federal regulations explicitly provide that a
listing of private property on the National Register of Historic Places ''does not prohibit
under federal law or regulation any actions which may otherwise be taken by the property
owner with respect to the property."
''Historic properties,'' as defined by the Advisory Council on Historic Preservation, include
any "prehistoric or historic district, site, building, structure, or object included in, or eligible
for inclusion in, the National Register of Historic Places maintained by the Secretary of the
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Interior'' (36 CFR 800.16(1)). The eligibility for inclusion on the National Register of Historic
Places is determined by applying the following criteria and evaluating integrity, developed by
the National Park Service in accordance with the National Historic Preservation Act:
The quality of significance in American history, architecture, archeology, engineering, and
culture is present in districts, sites, buildings, structures, and objects that possess integrity of
location, design, setting, materials, workmanship, feeling and association, and:
a) That are associated with events that have made a significant contribution to the
broad patterns of our history; or
b) That are associated with the lives of persons significant in our past; or
c) That embody distinctive characteristics of a type, period, or method of construction,
or that represent the work of a master, or that possess high artistic values, or that
represent a significant and distinguishable entity whose components may lack
individual distinction; or
d) That have yielded, or may be likely to yield, information important in prehistory or
history (36 CFR 60.4).
State
State historic preservation regulations affecting the Project include the statutes and
guidelines contained in CEQA (Public Resources Code Section 21083.2 and Section
21084.1 and Section 15064.5 of the State CEQA Guidelines). CEQA requires lead agencies
to carefully consider the potential effects of a project on historical resources. An "historical
resource'' includes, but is not limited to, any object, building, structure, site, area, place,
record or manuscript, which is historically or archaeologically significant (Public Resources
Code Section 5020.1). Section 15064.5 of the State CEQA Guidelines specifies that a
historical resource for CEQA purposes can be listed or eligible for listing on the California
Register of Historical Resources, and can include unlisted resources subject to
determination by a local agency.
California Register of Historical Resources
In 1992, the Governor signed Assembly Bill (AB) 2881 into law, establishing the California
Register of Historical Resources. The California Register of Historical Resources is an
authoritative guide in California used by State and local agencies, private groups, and
citizens to identify the State's historical resources and to indicate what properties are to be
protected, to the extent prudent and feasible, from substantial adverse change. The criteria
for eligibility for the California Register of Historical Resources are based upon National
Register of Historic Places criteria. Certain resources are determined by the statute to be
included on the California Register of Historical Resources, including California properties
formally determined eligible for, or listed in, the National Register of Historic Places, State
Landmarks, and State Points of Interest.
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The State Office of Historic Preservation (OHP) has broad authority under Federal and
State law for the implementation of historic preservation programs in the State of
California. The State Historic Preservation Officer (SHPO) makes determinations of
eligibility for listing on the National Register of Historic Places and the California Register of
Historical Resources.
The appropriate standard for evaluating "substantial adverse effect" is defined in Public
Resources Code Section 5020.1 (q) and 21084.1 and State CEQA Guidelines Section
15064.5(b), Substantial adverse change means demolition, destruction, relocation, or
alteration such that the significance of an historical resource would be impaired. Such
impairment of significance would be an adverse impact on the environment.
Cultural resources consist of buildings, structures, objects, or archeological sites. Each of
these entities may have historic, architectural, archaeological, cultural, or scientific
importance. Under State CEQA Guidelines, a significant impact would result if the
significance of a cultural resource would be substantially adversely changed by proposed
project activities. Activities that could potentially result in a significant impact consist of
demolition, replacement, substantial alteration, and relocation of the resource. The
significance of a resource is required to be determined prior to analysis of the level of
significance of project activities. The steps required to be implemented to determine
significance in order to comply with State CEQA Guidelines are:
• Identify cultural resources;
• Evaluate the significance of the cultural resources; ;
• Evaluate the effects of a project on all cultural resources based on established
thresholds of significance; and
It Develop and implement measures to mitigate the substantial adverse effects of the
project on significant cultural resources.
Sections 6253, 6254, and 6254.10 of the California Government Code authorize state
agencies to exclude archaeological site information from public disclosure under the Public
Records Act. In addition, the California Public Records Act (CPRA; Government Code
Section 6250 et. seq.) and California's open meeting laws (The Brown Act, Government
Code Section 54950 et. seq.) protect the confidentiality of Native American cultural place
information. The CPRA (as amended, 2005) contains two exemptions that aid in the
protection of records relating to Native American cultural places by permitting any state or
local agency to deny a CPRA request and withhold from public disclosure:
"Records of Native American graves, cemeteries, and sacred places and records of
Native American places, features, and objects described in Section 5097.9 and
Section 5097.993 of the Public Resources Code maintained by, or in the possession
of, the Native American Heritage Commission, another state agency, or a local
agency" (GC Section 6254(r)); and
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"Records that relate to archaeological site information and reports maintained by, or
in the possession of, the Department of Parks and Recreation, the State Historical
Resources Commission, the State Lands Commission, another state agency, or a
local agency, including the records that the agency obtains through a consultation
process between a California Native American tribe and a state or local agency"
(GC Section 6254.10).
Likewise, the Information Centers of the California Historical Resources Information System
maintained by the Office of Historic Preservation prohibit public dissemination of records
search and site location information. In compliance with these requirements, and those of
the Code of Ethics of the Society for California Archaeology and the Register of
Professional Archaeologists, the locations of cultural resources are considered restricted
information with highly restricted distribution and are not publicly accessible.
Any project area located on non-Federal land in California is also required to comply with
State laws pertaining to the inadvertent discovery of Native American human remains.
California Health and Safety Code Sections 7050.5, 7051, and 7054
These sections collectively address the illegality of interference with human burial remains,
as well as the disposition of Native American burials in archaeological sites. The law
protects such remains from disturbance, vandalism, or inadvertent destruction, and
establishes procedures to be implemented if Native American skeletal remains are
discovered during construction of a project, including the treatment of remains prior to,
during, and after evaluation, and reburial procedures.
California Code of Regulations Title 14, Section 5097.5
Paleontological resources include fossil remains, their respective fossil sites, and the fossil-
bearing strata and associated specimen data and corresponding geologic and geographic
site data. In California, paleontological resources are addressed by State CEQA Guidelines
Appendix G, section V.c, which addresses impacts on fossil sites; California Code of
Regulations Title 14, Section 5097.5.
Local
City of Dublin General Plan
The following policies in the City of Dub/in Genera/ Plan are applicable to cultural and
historic resources:
76: /mp/ementing Po/icyA. Preserve Dublin's historic structures. Seven sites in or near the
Dublin Planning Area are listed in the California Archaeological Inventory, Northwest
Information Center, at Sonoma State University including the church and school on the
grounds of the heritage park. As many as a dozen potentially significant historic and
prehistoric sites have been identified in the Eastern Extended Planning Area.
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76: Implementing Policy B. Follow State regulations -- Public Resources Code Section
21083.2 regarding discovery of archaeological sites, and Historical Resources, as defined in
Section 5020.1 of the Public Resources Code. Relevant Project Characteristics
Dublin Village Historic Area Specific Plan
The Dublin t//lage Historic Area Specific Plan includes preservation and rehabilitation
techniques that apply to all structures and resources that are eligible for listing on the
National Register of Historic Places and/or the California Register of Historic Resources.
Resources located in the Dublin Village Historic Area Specific Plan that are eligible include
the St. Raymond's Church, Old Murray Schoolhouse, Pioneer Cemetery, Green Store, and
Alamilla Springs.
The Dublin Village Historic Area Specific Plan also provides development standards and
design guidelines for future residential and commercial, and mixed-use development within
the Specific Plan area, which are summarized in Section 3.1 Aesthetics.
Impacts and Mitigation Measures
Criteria for Determining Significance
According to the State CEQA Guidelines, the proposed project would have a significant
impact on cultural resources if one or more of the following were to occur.
• Cause a substantial adverse change in the significance of a historical resource as
defined in Section 15064.5;
• Cause a substantial adverse change in the significance of an archaeological resource
pursuant to Section 15064.5;
IL Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature; and/or
Disturb any human remains, including those interred outside of formal cemeteries.
Methodology
Impacts evaluated in this section were assessed based on a review of historical documents
that describe the setting of the project site and surrounding area, as well as a review of the
Dublin Village Historic Area Specific Plan.
Project Impacts and Mitigation Measures
Historical Resources
Impact 3.3-2: The project site is currently developed with a complex of eight two-
story wood-clad commercial/office buildings, which are not
considered historic resources and would be demolished with
implementation of the proposed project.
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The project site is located within the Dublin Vllage Historic Area
Specific Plan adjacent to the Heritage Park and Museums, which
contains several eligible historic structures. The proposed project
would be designed in accordance with the design guidelines in the
Dublin Vi//age Historic Area Specific Plan to be compatible with the
character of the Specific Plan area. Therefore, this is considered a
less than significant impact.
The proposed project has been designed in accordance with the Dublin Vllage Historic
Area Specific Plan. The proposed 54 single family residential homes would be comprised
of Craftsman and American Farmhouse style. Architectural elements and details in the
proposed project are consistent with these architectural styles providing variation in
building form and to provide an appropriate scale with surrounding land uses (e.g. Heritage
Park and Museum). Proposed architectural details include the use of front and upstairs
patios and the use of different building materials (e.g. board and batten siding and shingles)
that would break up the perceived mass of the building and provide visual interest.
The proposed two-story 14,000 square foot commercial/office building would be located in
the northern portion of the project site along Donlon Way and would be comprised of
7,000 square feet per floor. The ground level of the building would have a wrap-around
porch element, with low sloping roof planes, exposed rafter ends, and trellis work. A lobby
entry at the center of the building would be comprised of a covered trellis and gable roof.
An outdoor patio is also incorporated to one side, framed with a low river rock wall. The
second level of the commercial building would have gable elements and sloping roofs.
Mechanical equipment would be screened by the sloping roof around the perimeter. The
bottom floor of the commercial office building would have river rock at the base, wall
shingles at the ground level, board and battens for the second level, and a composition
roof.
With incorporation of these architectural details into the proposed project, future
residential and commercial/office development would attempt to recapture the character
of the Historic Dublin Village and contribute to the sense of place consistent with the
historic feel of the Heritage Park and Museums site. Therefore, the proposed project
would result in a less than significant impact to the historical resources located within the
Heritage Park and Museums (e.g. St. Raymond's Church, Pioneer Cemetery, etc.) site west
of the project site across Donlon Way.
Archaeological Resources
Impact 3.3-2: The proposed project has been previously disturbed with
development of the Heritage Park commercial/office complex.
However, based on the existence of the archaeological resources
within and adjacent to the Dublin t///age Area Specific Plan, there is
a high probability of identifying Native American archaeological
resources and encountering historic-period archaeological resources
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Cultural Resources
within the Specific Plan area and at the project site. Therefore, this
is considered a potentially significant impact.
Although the project site has previously been disturbed, archaeological resources have
been found within and adjacent to the Dublin Vllage Specific Plan area as documented in
the Dublin Village Historic Area Specific Plan/General Plan Amendment Mitigated Negative
Declaration. Areas within 493 feet centered on Dublin Creek, as well east of St.
Raymond's Church, Pioneer Cemetery, and the Heritage Park site are considered having a
high probability of identifying Native American archaeological and historical resources
(William Self and Associates Inc. 2003). As the project site is located within this high
archaeological probability area, this is considered a potentially significant impact. The
following mitigation measure would ensure that the proposed project does not result in
the destruction or disturbance of undiscovered archaeological, cultural or pre-historic
resources and would reduce this impact to a less than significant level.
Mitigation Measure
MM 3.3-2a Archaeological Monitoring. An archaeological monitor shall be present at
the project site during ground disturbing activities (e.g. grading and
excavation) during construction of the proposed project. If anything is
discovered during the archaeological monitoring, the project applicant shall
implement Mitigation Measure 3.3-21b.
MM 3.3-21b Halt Work/Archaeological Evaluation/Site-Specific Mitigation. If any
potential archaeological, pre-historic or cultural artifacts are encountered
during site grading or other construction activities, all ground disturbance
within 50 feet of the discovery shall be halted until a qualified archaeologist
can identify and evaluate the resource(s) in accordance with State CEQA
Guidelines 15064.5(f). The archeological consultant shall immediately notify
the project sponsor and the City staff of the encountered archeological
deposit. If the deposit does not qualify as an archaeological resource, then
no further protection or study is necessary. If the deposit does qualify as an
archaeological resource then the impacts shall be avoided by project
activities. If the deposit cannot be avoided, adverse impacts to the deposit
shall be addressed in accordance with State CEQA Guidelines 15126.4(b).
Measures may include, but are not limited to archaeological data recovery,
etc. Upon completion of the assessment by the archaeologist, a
professional-quality report shall be submitted to the City, the project
applicant, and the Northwest Information Center at Sonoma State
University in Rohnert Park. The project applicant shall fund and implement
the mitigation in accordance with Section 15064.5(c) through (f) of the
CEQA Guidelines and Public Resources Code 21083.2.
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Paleontological Resources
Impact 3.3-3: No paleontological resources are known to exist within the project
vicinity. However, the presence of unknown paleontological
resources could be discovered during site preparation and grading
activities, which would be considered a potentially significant impact.
Fossil resources are not anticipated to occur within the project site based on the records
search and survey conducted for the Dublin Village Historic Area Specific Plan, which
included the project site. However, ground and site preparation activities during project
construction have the potential to disturb or destroy unknown paleontological resources
that have not previously been identified or recorded. Implementation of the following
mitigation measure would reduce potential impacts on paleontological resources to a less
than significant level.
Mitigation Measure
MM 3.3-3 Halt Work / Paleontological Evaluation / Site-Specific Mitigation. If
paleontological resources are encountered during subsurface construction
activities, all work within 50 feet of the discovery shall be redirected until a
qualified paleontologist can evaluate the finds. If the paleontological
resources are found to be significant, they shall be avoided by project
construction activities and recovered by a qualified paleontologist. Upon
completion of the recovery, a paleontological assessment shall be
conducted by a qualified paleontologist to determine if further monitoring
for paleontological resources is required. The assessment shall include: 1)
the results of any geotechnical investigation prepared for the project area;
2) specific details of the construction plans for the project area; 3)
background research; and 4) limited subsurface investigation within the
project area. If a high potential to encounter paleontological resources is
confirmed, a monitoring plan of further project subsurface construction shall
be prepared in conjunction with this assessment. After project subsurface
construction has ended, a report documenting monitoring, methods,
findings, and further recommendations regarding paleontological resources
shall be prepared and submitted to the Director of Community
Development.
Disturb Human Remains Interred Outside of Formal Cemeteries
Impact 3.3-4: Due to the disturbed nature of the project site, there are no known
human remains interred outside of formal cemeteries that are
anticipated to be disturbed during short-term construction activities.
However, human remains could be discovered during site
preparation and grading activities, which would be considered a
potentially significant impact.
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The majority of the project site has been previously disturbed from development of the
Heritage Park commercial/office complex. Based on the records search and pedestrian
survey conducted by William Self Associates, there are no known human remains buried
within the boundaries of the Dublin Visage Historic Area Specific Plan area. However, the
project site is located within a high archaeologically sensitive area and has the potential to
uncover human remains interred outside of a formal cemetery, which could be unearthed
as a result of project excavation and grading. This is considered a potentially significant
impact. With implementation of the following mitigation measure, the proposed project
would result in a less than significant impact to the disruption of human remains interred
outside of formal cemeteries.
Mitigation Measure
MM 3.3-4 Halt Work/Coroner's Evaluation/Native American Heritage Consultant/
Compliance with Most Likely Descendent Recommendations. In the event
that human remains are encountered during grading and site preparation
activities, all ground-disturbing work within 50 feet of the remains shall cease
immediately and a qualified archaeologist shall notify the Office of the
Alameda County Coroner and advise that office as to whether the remains
are likely to be Native American. If determined to be Native American, the
Alameda County Coroners Office shall notify the Native American
Heritage Commission of the find, which in turn will then appoint a "Most
Likely Descendent. (MILD)." The MILD in consultation with the
archaeological consultant and the project sponsor will advise and help
formulate an appropriate plan for treatment of the remains, which might
include recordation, removal, and scientific study of the remains and any
associated artifacts. After completion of the analysis and preparation of the
report of findings, the remains and associated grave goods shall be returned
to the MLD for burial.
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Geology and Soils
3.4 Geology and Soils
This section of the Draft FIR describes the existing geologic, seismic, and soil conditions
present at the project site, and evaluates potential project impacts under these conditions
associated with faults, strong seismic ground shaking, seismic-related ground failure such as
liquefaction, landslides, and unstable geologic units and/or soils. A Fault Rupture Hazard
Investigation was prepared by Stevens Ferrone & Bailey Engineering Company, Inc. (SFB
Engineering) in March 2012 and June 2013. These reports were peer reviewed by Cal
Engineering and Geology (CE&G) in July 2013 on behalf of the City of Dublin. The Fault
Rupture Hazard Investigation and peer review is included as Appendix C of this Draft FIR.
Environmental Setting
Geologic Structure
The City of Dublin is located within the Coast Range Geomorphic Province of California,
an area characterized by a series of northwestern trending ridges and valleys dominated by
the San Andreas Fault System. To the west, the East Bay Hills have formed from a
compressional interaction between the Calaveras fault to the east and the Hayward fault to
the west.
Topography
The project site is situated at an elevation of approximately 375 feet above mean sea level.
The hills directly to the west and southwest of the project site are comprised of Miocene
sedimentary rocks primarily consisting of shales and sandstones, which have undergone
intense folding and faulting and generally strike to the northwest. In the project vicinity, the
Calaveras fault separates the Miocene rocks from the Plio-Pleistocene Livermore gravels.
East of the project site, the Amador Valley and the Livermore Valley is a tectonically
formed depression that has been overlain with late Tertiary and Quaternary alluvial
deposits
The project site is underlain by Holocene alluvial fan and fluvial deposits that have been
previously mapped as medium dense to dense, gravelly sand or sandy gravel that generally
grades upward to sandy or silty clay. These deposits were primarily derived from the
canyon creeks located west of the project site.
Soils
According to the Alameda County Soil Survey(NRCS 1996), the project site is comprised
of Yolo loam, 0 to 3 percent slopes. The Yolo loam series consists of well-drained,
moderately deep to very deep, loamy soils on nearly level valley floors west of Livermore
and on the gently sloping to strongly sloping fans in small valleys east of Hayward. These
soils formed under grasses and scattered oaks in alluvium from shale and sandstone. Runoff
on the Yolo loam soil is slow to medium and the erosion hazard is slight to moderate.
To determine the characteristics of the soils within the project site SFB Engineering
conducted a field exploration on February 21 and 22, 2012, which consisted of drilling six
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exploratory borings to a maximum depth of 25 feet. In addition SFB Engineering
performed two exploratory trenches between 120 and 140 feet long and about 10 feet
deep for a fault rupture hazard investigation from February 13 to 16, 2013.
The near surface materials encountered in the exploratory borings consisted of clayey fills
that extended to an average depth of about two to three feet, except in one boring where
the fill extended to a depth of approximately eight feet. Borings 1, 2, 5 and 6, which were
sampled west of the Calaveras fault were comprised of soft to stiff silty clays that were
inter-bedded with relatively thin layers of loose to medium dense sands or gravel. Borings
3 and 4, which were sampled east of the Calaveras fault, were comprised of stiff to very
stiff silty clays (SFB Engineering 2013).
Expansive Soils
Expansive soils shrink or swell significantly with changes in moisture content. Clay content
and porosity of the soil changes the volume. The most common cause of changes in the
soil moisture content is seasonal fluctuations due to rainfall; however, improper surface
drainage or underground water pipe leaks may cause shrinking or swelling of soil. The
shrinking and swelling, which is caused by expansive clay often results in damage to
overlying structures, including foundations, floor slabs, pavements, sidewalks, and other
improvements that are sensitive to soil movements. Usually, damage from expansive soils
can be minimized or eliminated by using site-specific engineering techniques. Based on the
geotechnical investigation, the soils at the project site are considered moderately expansive
and would be subject to volume changes with changes in moisture content (SFB
Engineering 2013).
Erosion Potential
Soil erosion is the process by which soil particles are removed from a land surface by wind,
water, or gravity. Topsoil is the uppermost layer of soil, usually the top six to eight inches,
and has the highest concentration of organic matter and microorganisms. Topsoil erosion
is of concern when the topsoil layer is blown or washed away. Most natural erosion occurs
at relatively slow rates; however, the rate of erosion increases where the ground surface is
steep and when land is cleared and/or left in a disturbed condition, such as during the
preparation and excavation phases of construction activities.
The project site is predominately level and is comprised of primarily impervious surfaces.
According to the Natural Resources Conservation Service (NRCS), the Yolo loam soil is
characterized as having a slight to moderate erosion hazard with runoff characterized as
slow to medium (NRCS 1996).
Liquefaction, Landslide Risk, and Other Soil Hazards
During earthquakes, ground shaking may cause a loss of strength in cohesionless saturated
soils. This process is called liquefaction and occurs most commonly in loose sands
associated with a high water table.
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According to the Seismic Hazard Map of the Dublin Quadrangle, the project site is located
in a liquefaction hazard zone as designated by the State of California. The geotechnical
investigation evaluated groundwater levels in borings to assess impacts on liquefaction and
ground surface damage potential. According to the geotechnical analysis, the project site
contains isolated saturated thin sand and gravel lenses of less than five feet thick that have a
moderate to high potential for liquefying when subjected to a design basis earthquake. The
earthquake induced liquefaction could result in residual volumetric strains varying from 1.5
percent to three percent, aerial ground surface settlements of up to about an inch and
differential settlements of up to half an inch across typical residential foundations (SFB
Engineering 2013).
Lateral Spreading
Lateral spreading is the lateral movement of soil towards a free face (such as incised river
channel or open body of water) during earthquakes. The geotechnical investigation
evaluated the potential for lateral spreading and determined that the potential for lateral
spreading is low (SFB Engineering 2013).
Landsliding
The project site is generally flat and there are no major slopes within or adjacent to the
project site. Therefore the potential for landsides is considered low.
Faults/Seismic Hazards
A fault is a fracture in the crust of the earth along which land on one side has moved
relative to land on the other side. Most faults are the result of repeated displacements
over a long period of time. A fault trace is the line on the earth's surface defining the fault.
An active fault is defined by the State Mining and Geology Board as a fault that has "had
surface displacement within Holocene times (about the last 1 1,000 years)." This definition
does not mean that faults lacking evidence of surface displacement within Holocene times
are necessarily inactive. A fault may be presumed to be inactive based on satisfactory
geologic evidence; however, the evidence necessary to prove inactivity is sometimes
difficult to obtain and locally may not exist. A potentially active fault is a fault that shows
evidence of surface displacement during Quaternary time (about the last 1.6 million years).
The middle third of the project area is located within a currently designated Alquist Priolo
(A-P) Earthquake Fault Zone for the Calaveras Fault as shown in Figure 3.4-1: Alquist Priolo
Earthquake Fault Zone Map for the Calaveras Fault. The Calaveras fault is depicted by a
dashed line on the Earthquake Fault Zone map, which indicates that the California Geologic
Survey considers this trace to be an inferred location.
Earthquake intensities vary throughout the San Francisco Bay Area, depending on
numerous factors including the magnitude of earthquake, the distance of the site from the
fault and the type of materials underlying the site. The U.S. Geological Survey indicated
that there is a 63 percent chance of at least one magnitude 6.7 of greater earthquake
striking the San Francisco Bay region between 2008 and 2037. Therefore the project site
will likely be subject to at least one moderate to severe earthquake that will cause strong
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ground shaking. Several other active faults in the project vicinity include the Pleasanton
fault located two miles to the northeast; the Hayward fault located 7.6 miles to the
southwest; the Verona fault located 8.2 miles to the southeast; the Marsh Creek fault
located 1 1.0 miles to the northeast; the Greenville fault located 1 1.5 miles to the east; the
Las Positas fault located 12 miles to the southeast; Clayton fault located 12.3 miles to the
northeast; Concord-Green Valley fault located 13.8 miles to the northwest; Crosley fault
located 14.8 miles to the south; Carnegie fault located 18.8 miles to the southeast; the
Monte Vista fault located 25.7 miles to the southwest; the San Andreas fault located 26.5
miles to the southwest; and the Serra fault located 27.4 miles to the west.
Calaveras Fault
The Calaveras fault is a zone that forms a major discontinuity in the Amador Valley region,
separating the highly folded Upper Cretaceous Great Valley sequence to the west of the
fault and Plio-Pleistocene Livermore gravels on the east side of the fault. The nor-them
segment of the Calaveras fault in the project vicinity exhibits geomorphic features
characteristic of Holocene dextral strike-slip movement such as deflected drainages, linear
troughs, linear scarps, and closed depressions.
Aerial photographs were reviewed by SFB Engineering to determine if geomorphic features
could be attributed to the Calaveras fault within the project site. Fault created features
were observed in the 1939 photos and many of the features still exist in the 1965 and
1971 photographs. Development of the existing commercial/office space at the project
site destroyed most of the fault features in the photographs from 1980 when the existing
office building was constructed. The most prominent geomorphic features that can be
attributed to the Calaveras fault is a linear trough and lineament that extends across the
project site in a nearly north-south direction. North of the project site, the trough and
lineament connects with east facing scarps located on the east sides of low lying hills. The
scarps appear to have been created by the Calaveras fault truncating the hillsides. South of
the project site, the linear trough appears to become less apparent and coincides with the
topographic slope breaks that face eastward. Further south, east facing scarps associated
with truncated hillsides are evident in the aerial photography along Foothill Road,
Numerous fault studies have been performed at the project site and in the project vicinity.
Figure 3.4-2: Calaveras Fault Traces and Exploratory Trenching shows the location of the
fault traces, as well as the locations of exploratory trenches performed historically at the
project site and in the project vicinity. To provide additional detail regarding the location of
the Calaveras fault across the project site, SFB Engineering excavated two exploratory
trenches at the locations shown in Figure 3.4-2: Calaveras Fault Traces and Exploratory
Trenching, which were located within 15 feet of the fault. Both trenches excavated by SFB
Engineering encountered the Calaveras fault. The soils in the trenches appeared to be
deformed showing a downward dip toward the west. Outside of this zone, the soils
maintain a relatively constant depth profile and appeared not to be affected by the faulting.
The results of the trenching by SFB Engineering indicate that no additional active fault traces
except the Calaveras fault are located within the project site.
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The regional studies performed for the California Geologic Survey and the U.S. Geologic
Survey resulted in one single active trace of the Calaveras Fault being located within the
vicinity of the project site. Approximately 43 trenches were excavated to the north and
south of the project site for the AP fault investigations, which encountered only one single
active trace of the Calaveras Fault. Collectively, the results of the regional studies and site
specific AP studies show only one active trace of the Calaveras fault, a trace that is
constrained along an alignment adjacent to the west side of San Ramon Road just north of
Interstate 580 and most likely along Foothill Road south of Interstate 580.
Fault/Surface Ruptures
Surface rupture occurs when movement on a fault deep within the earth breaks through to
the surface. Fault ruptures almost always follow pre-existing faults that are zones of
weakness. Rupture may occur suddenly during an earthquake or slowly in the form of fault
creep. Sudden displacements are more damaging to structures because they are
accompanied by shaking. Fault creep is the slow rupture of the earth's crust.
As discussed above, the middle third of the proposed project is located within a currently
designated AP Earthquake Fault Zone for the Calaveras fault that was confirmed by
trenching conducted by SFB Engineering. A single active fault trace extends across the
project site at the approximate location shown in Figure 3.4-3: Habitable Building Setback
Zone. The previous AP fault trenching performed to the north and south of the project
site provides adequate coverage to show that only one active fault trace from the
Calaveras fault extends across the project site. The active fault trace forms a straight linear
line across the project site and that it is well constrained to that location, which was
confirmed by SFB Engineering in the trenching completed at the project site. Future fault
rupture is expected to occur along the straight linear fault projection shown in Figure 3.4-3:
Habitable Building Setback (SFB Engineering 2013).
Ground Shaking
Some ground shaking is likely at the proposed project area in the event of a major
earthquake on one of the nearby faults. The Modified Mercalli (MM) intensity scale
measures the intensity of an earthquake's effects in a given locality, and is perhaps much
more meaningful to the lay public because it is based on actual observations of earthquake
effects at specific places. On the MM intensity scale, values range from I to XII. The most
commonly used adaptation covers the range of intensity from the conditions of"l: not felt
except by very few favorably situated, to XII: damage total, lines of sight disturbed, objects
thrown into the air.'' An earthquake has one magnitude, but can have a range of
intensities, which decrease with distance from the epicenter.
The project site is located within the San Francisco Bay area, which is a region of high
seismicity. Similar to all sites located in the San Francisco Bay area, the project site is
expected to experience at least one moderate to large earthquake during the lifespan of
the proposed project. The Calaveras fault traverses the project site and other nearby faults
could result in strong ground shaking at the project site.
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Earthquake intensities will vary throughout the San Francisco Bay Area, depending upon
numerous factors including the magnitude of the earthquake, the distance of the site from
the causation fault and the types of materials underlying the site. The U.S. Geologic Survey
indicated that there is a 63 percent change of at least one magnitude 6.7 or greater
earthquake striking the San Francisco Bay region between 2008 and 2037. Therefore, the
project site would likely be subjected to at least one moderate to severe earthquake that
will cause strong ground shaking. According to the Probabilistic Seismic Hazard Analysis
interactive de-aggregation model developed by the U.S. Geological Survey, the project site
has a ten percent probability of exceeding a peak ground acceleration of approximately
0.63g in 50 years (SFB Engineering 2013). The actual ground surface acceleration may vary
depending upon the local seismic characteristics of the underlying bedrock and overlying
unconsolidated soils.
Regulatory Setting
State
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 (originally enacted as
the Alquist-Priolo Special Studies Zones Act and renamed in 1994) and is intended to
reduce the risk to life and property from surface fault rupture during earthquakes. The
main purpose of the law is to prevent the construction of buildings used for human
occupancy on the surface trace of active faults. The law only addresses the hazard of
surface fault rupture and is not directed toward other earthquake hazards. The Alquist-
Priolo Act requires the State Geologist to establish regulatory zones known as ''Earthquake
Fault Zones'' around the surface traces of active faults and to issue appropriate maps. The
maps are distributed to all affected cities, counties, and state agencies for their use in
planning efforts. Local agencies must regulate most development projects within the zones.
Projects include all land divisions and most structures for human occupancy.
California Building Standards Code (CBC)
The State of California provides minimum standards for building design through the CBC.
The CBC is based on the Uniform Building Code (UBC), which is used widely throughout
the United States (generally adopted on a state-by-state or district-by district basis), and
has been modified for conditions within California. The CBC requires extensive
geotechnical analysis and engineering for grading, foundations, retaining walls, and other
structures, including criteria for seismic design.
Seismic Hazards Mapping Act
The CGS provides guidance with regard to seismic hazards under the Seismic Hazards
Mapping Act. Seismic hazard zones are identified and mapped by the CGS to assist local
governments in land use planning. The intent of the Act is to protect the public from the
effects of strong ground shaking, liquefaction, landslides, ground failure, or other hazards
caused by earthquakes. In addition, CGS Special Publication 1 17, Guidelines for Evaluating
and Mitigating Seismic Hazards in California, provides guidance for the evaluation and
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mitigation of earthquake-related hazards for projects within designated zones of required
investigations.
Local
City of Dublin General Plan
The following policies in the City of Dublin General Plan are applicable to geology, soils and
seismicity.
Environmental Resources Management, Conservation Element
7.2: Guiding Policy I: Regulate grading and development on steep slopes, with special
concern for potential problems of erosion and siltation.
7.2: Implementing Policy J: Require erosion control plans for proposed development.
Erosion control plans shall include recommendations for preventing erosion and scour of
drainage ways, consistent with biological and visual values.
Environmental Resources Management Seismic Safety and Safety Element
8.I: Guiding Policy A. Geologic hazards shall be mitigated or development shall be located
away from geologic hazards in order to preserve life, protect property, and reasonable limit
the financial risks to the City of Dublin and other public agencies that would result from
damage to poorly located public facilities.
8.1.1 Implementing Policy A. All structures shall be designed to the standards delineated in
the Uniform Building Code and Dublin grading ordinance. A "design earthquake" shall be
established by an engineering geologist for each structure for which ground shaking is a
significant design factor.
8.1.1: Implementing Policy B. Structures intended for human occupancy shall be at least 50
feet from any active fault trace; freestanding garages and storage structures may be as close
as 25 feet. These distances may be reduced based on adequate exploration to accurately
locate the fault trace.
8.1.1: Implementing Policy C. Generally, facilities should not be built astride potential
rupture zones, although certain low-risk facilities may be considered. Critical facilities that
must cross a fault, such as oil, gas, and water lines, should be designed to accommodate the
maximum expected offset from fault rupture. Site specific evaluations should determine the
maximum credible offset.
8.1.2: Implementing Policy A. A preliminary geologic hazards report must be prepared for
all subdivisions. Any other facility that could create a geologic hazard, such as a road or a
building on hillside terrain, must also have such a study. Each of the hazards described in
the Seismic Safety and Safety Element must be evaluated. This hazard analysis shall be
prepared by a registered engineering geologist.
8.1.2: Implementing Policy B. Detailed geologic studies will be required at the tentative
subdivision map stage for all projects within the Landslide Hazard Area Boundary on the
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Geologic Hazards and Constraints map, and for other proposed projects if the preliminary
investigation indicates a potential geologic hazard. Proposals for mitigation should be
included at this stage. The detailed analysis for projects in the Landslide Hazard Area
Boundary must consider.
I. Cumulative effect of new development on a partially developed slide;
2. Effects of septic leach systems, garden watering, and altered drainage patterns;
3. Impact of a maximum credible earthquake;
4. Where applicable, passage of the Calaveras Fault through or under landslide
deposits;
5. Debris flow and other downslope hazards (especially common east of Dublin).
Care must be taken not to locate structures in the path of potential debris flows.
6. Where published maps identify or show "ancient" or Quaternary slides on sites of
proposed development, their stability must be analyzed, and effects of the
proposed development on the area's stability must be evaluated by a soils engineer.
8.1.2: Implementing Policy C. If the preliminary report indicates liquefaction potential, an
engineering analysis and design, if necessary, to mitigate liquefaction hazards, shall be
required for all structures planned for human occupancy.
8.1.2: Implementing Policy D. Evaluation for shrink-swell potential shall be included with all
soils reports and design recommendations formulated where the potential is present.
These analyses and recommendations shall include public streets and utilities, in order to
reduce future public repair costs.
8.1.2: Implementing Policy E. A fault rupture evaluation, as outlined by the State of
California for Special Studies Zones (Alquist-Priolo Act), shall be required for all
development within the Revised Special Studies Zones as shown on the Geologic Hazards
and Constraints map. The fault rupture evaluation should be conducted after building sites
are specifically defined. Sites situated outside of this zone but within the Preliminary Zones
(Slossen, 1973) shall be evaluated if proposed for multifamily dwellings or for public or
recreational facilities.
8.1.2: Implementing Policy F. Any changes in grading or building design that would be
significantly affected by geologic hazards or soils conditions, or in turn would significantly
alter geologic or soils conditions, shall be accompanied by a re-analysis of those conditions.
In addition, any conditions discovered during excavation or grading that significantly depart
from the previously described geologic and soils setting shall be evaluated.
8.13: Implementing Policy A: Post-earthquake or damage reconstruction of existing
structures shall be permitted only if mitigating factors are incorporated.
8.1.4: Implementing Policy A: A procedure to review all required reports and data shall be
established with the Alameda County Geologist or a consulting engineering geologist shall
be retained as reviewer. This individual shall participate in the review process from the
earliest proposal stage to completion of the project.
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8.1.4: Implementing Policy B: A file of all geologic and soils reports and grading plans shall
be maintained as reference material for future planning and design on each site as well as
on adjacent sites.
8,1.4: Implementing Policy C: City and developer shall endeavor to fully disclose hazards to
present and future occupants and property owners.
8.1.5: Implementing Policy A: In 1978 Alameda County adopted an Earthquake Response
Directive to be incorporated in the County Emergency Operations Plan (updated March
1980). The directive applies fully to the unincorporated area and to eight contract cities.
Dublin will adopt its own multi-hazard response plan.
8.1.5: Implementing Policy B: The City will prepare a route plan for evacuation of Dublin in
the event of a major seismic event.
Relevant Project Characteristics
The proposed project includes a 25-foot fault set-back zone where no residential or
commercial development is proposed in accordance with the recommended set-back by
SFB Engineering. Development of the proposed project would be in accordance with the
California Building Code (CBC), City of Dub/in Genera/Plan, and City's Building Code.
Impacts and Mitigation Measures
Criteria for Determining significance
The following thresholds of significance are based on Appendix G of the CEQA Guidelines,
as amended. For purposes of this EIR, implementation of the proposed project may have a
significant adverse geology and soils impact if it would result in any of the following:
• Expose people or structures to potential substantial adverse effects, including the
risk of loss, injury, or death involving:
• Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist
for the area or based on other substantial evidence of a known fault;
• Strong seismic ground shaking;
• Seismic-related ground failure, including liquefaction; or
o Landslides.
• Result in substantial soil erosion or the loss of topsoil;
• Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or off-site landslides,
lateral spreading, subsidence, liquefaction or collapse;
E Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks to life or property; and/or
hC FJK-ley
ndA6 .T,,,I- Page 3-63
Heritage Park Draft FIR
Geology and Soils
Have soils incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of
waste water.
Methodology
Impacts evaluated in this section were assessed based on the Geotechnica/ lnvest/gation
and a Fault Ground-Rupture /nvestigation prepared by SFB Engineering in March 2012 and
June 2013, respectively and a peer review by Cal Engineering and Geology on behalf of the
City in July and August 2013; the Alameda County Soil Survey (NRCS), and the City of
Dublin General Plan.
Project Impacts and Mitigation Measures
Septic Tanks or Alternative Wastewater Disposal Systems
Wastewater disposal in the project vicinity is provided by the Dublin San Ramon Services
District (DSRSD). The proposed project would connect to the existing wastewater
system. The proposed project would not need to use septic tanks or other altemative
wastewater disposal systems. Consequently, the threshold of significance for septic tanks
or altemative wastewater disposal systems would not apply to the proposed project and
no further analysis is required. Therefore, no impacts would occur.
Potential for Landslides
Impact 3.4-1: Due to the relatively flat topography within the project site and the lack of
steep slopes within or adjacent to the project site, the potential for
landslides is considered less than significant.
Due to the relatively flat topography and the lack of steep slopes within or adjacent to the
project site, landslides are not considered to be a potential significant geologic hazard.
Therefore, a less than significant impact is anticipated due to the lack of landslides within
the project area.
Potential for Fault Rupture
Impact 3.4-2: The proposed project is currently located within the designated
Alquist-Priolo fault zone for the Calaveras fault, which was
confirmed by SFB Engineering in their Fault Rupture Hazard
Investigation (SFB Engineering 2013) and peer reviewed by CE&G
on behalf of the City. The Fault Rupture Hazard Investigation
recommended that no habitable structure be constructed within 25
feet of the active fault trace, but that other improvements may be
located within this zone, such as open space, walkways, parking, etc.
The proposed project includes a 25-foot fault set-back zone where
no residential or commercial development is proposed. Therefore,
the potential for fault rupture at the project site would be
considered a less than significant impact.
Page 3 64 i Z f,k,-eY-Ho
-d Associates.Inc
Heritage Park Draft EIR
Geology and Soils
The middle third of the proposed project is located within a currently designated AP
Earthquake Fault Zone for the Calaveras Fault. A single active fault trace extends across
the project site at the approximate location shown in Figure 3.4-3: Habitable Building
Setback Zone. The previous AP fault trenching performed to the north and south of the
project site provides adequate coverage to show that only one active fault trace from the
Calaveras fault extends across the project site.
The recent fault trenching performed at the project site by SFB Engineering (20 13)
revealed that the active fault trace forms a straight linear line across the project site and
that it is well constrained to that location. Soils observed in the trenching showed evidence
of four fault rupture events, the most recent event having occurred approximately 365
years ago and that the fault rupture recurrence interval between those events is tentatively
on the order of about 400 to 600 years. Future fault rupture is most likely to occur along
previous traces of fault rupture. Future fault rupture is expected to occur along the straight
linear fault projection shown in Figure 3.4-3: Habitable Building Setback Zone.
The proposed project includes a 25-foot fault set-back zone where no residential or
commercial development is proposed in accordance with the recommended set-back by
SFB Engineering. In addition, future development within the project site would be
performed in accordance with the latest edition of the CBC, the City Building Code, and
policies of the City of Dub/in Genera/ Plan. Compliance with the statutory and design
requirements would ensure that no significant impacts related to fault zone rupture would
occur. Therefore, the potential for fault rupture is considered a less than significant impact
with incorporation of the 25-foot setback into the design of the proposed project, and no
mitigation is required.
Seismic Ground Shaking
Impact 3.4-3: Ground shaking is likely to occur at the project site and in the project
vicinity in the event of a major earthquake on one of the nearby faults
resulting in the exposure of people and/or structures to potentially
significant adverse effects, including the risk of loss, injury or death. This is
considered a potentially significant impact.
The proposed project is located in a seismically active region. Earthquakes on any of the
potentially active faults within the surrounding region could produce moderate ground
shaking within the project site depending on the magnitude, characteristics, and location of
the seismic event. Structures within the project site would be required to be designed to
the most stringent standards in accordance with applicable parameters described in the
current CBC. Specific engineering design and construction measures required by the CBC
for the construction of new buildings are required to reduce the potential for adverse
effects to human life and property caused by seismically induced ground shaking.
Additionally, the proposed project would be regulated under the requirements of the
Alquist-Priolo Earthquake Fault Zoning Act, the policies of the City ofDubiin Genera/Plan,
and the City's Building Code.
P K-ley-Horn
► and Asso wa ,1- Page 3-65
Heritage Park Draft EIR
Geology and Soils
To provide the adequate level of information to properly design and engineer future
development consistent with statutory requirements and the City's Building code, the City's
Public Works Department requires an engineering geologist to perform design-level
geotechnical studies and submit them to the City for approval. In addition, the proposed
project would be required to comply with all applicable CBC requirements with regard to
the design and construction or installation of structures and improvements with regard to
resisting damaging forces of seismic ground shaking. Therefore, Implementation of the
following mitigation measure would therefore ensure that the proposed project would not
expose people or structures to potential substantial adverse effects, including the risk of
loss, injury, or death involving strong seismic ground shaking which would reduce this
potentially significant impact to a less than significant level.
Mitigation Measure
MM 3.4-3 Preparation of Design-Level Geotechnical Report The project applicant
shall consult with a registered geotechnical engineer to prepare a design
level geotechnical report that incorporates the recommendations in the
geotechnical investigation by Stevens Ferrone and Bailey Engineering
Company, Inc. (March 2012). These include maintaining a minimum 25 foot
setback from the center line of the Calaveras fault trace, construction of
post-tensioned slab foundations, and over-excavation of disturbed weak
soils and fill. The design level geotechnical report shall address site
preparation and grading (including measures to address potential
liquefaction and expansive soils), building foundations, CBC seismic design
parameters, and preliminary pavement sections. This report shall be
submitted in conjunction with Building Permit application(s) and reviewed
and approved by the City. Recommendations from the design-level
geotechnical report shall be incorporated into the project design and
construction documents.
Liquefaction
Impact 3.4-4: The proposed project could expose people or structures to potential
substantial adverse effects of liquefaction. This is considered a potentially
significant impact.
Generally, when liquefaction occurs because of earthquakes, the conditions of cohesionless
surface material accompanied with relatively shallow water tables underlying the area were
the factor. In such cases, ground vibration increases the pore pressure resulting in water
moving upward whereby turning the sand or silt into a quicksand like condition. The
surface characteristics include the development of sand boils, surface cracks, ground
settlement and differential compaction. Without proper soil engineering, foundation
design, and construction, the proposed project could expose people and/or structures to
hazards associated with seismic-related ground failure.
Page 3-66 [��1 ,',d'AO Ato 1¢
Heritage Park Draft EIR
Geology and Soils
According to the geotechnical investigation, the project site has a moderate potential for
liquefaction during a strong earthquake. Based on the geotechnical investigation there is
the potential for liquefaction to occur within the occasional interbedded layers of loose to
medium dense sandy soils that exist below the groundwater table.
Future development within the project site would be required to comply with the City's
Building Code, liquefaction regulations of the CBC, and the City's standard engineering
practices and design criteria. In addition, Mitigation Measure MM 3.4-3 would require that
the project applicant prepare a design-level geotechnical report, which would address
liquefaction and reduce this potentially significant impact to a less than significant level.
Soil Erosion
Impact 3.4-5: Implementation of the proposed project may result in soil erosion or the
loss of topsoil during short-term construction activities within the project
area. This is considered a less than significant impact.
The majority of the project site is covered with impervious surfaces including buildings,
parking lots, and sidewalks associated with the existing development within the project
area. Earth-disturbing activities (e.g. grading and excavation) associated with construction of
the proposed project has the potential to increase erosion if proper sedimentation and
erosion control methods are not in place. According to the Natural Resources
Conservation service (NRCS), the Yolo loam soil is characterized as having a slight to
moderate erosion hazard with runoff characterized as slow to medium.
The City of Dublin Public Works Department Policy No. 95-1 I requires that all plans
specify both long-term and short-term erosion control measures that will be implemented
during construction activities to control runoff, erosion, and sediment movement prior to
issuance of a building permit. In addition, in order to comply with the National Pollution
Discharge Elimination System (NPDES) permit process for storm drainage and construction
site discharge, projects involving construction that are greater than one acre in size within
the project area are required to prepare and implement a Storm Water Pollution
Prevention Plan (SWPPP) which would be submitted for review by the City of Dublin
Public Works Department during the Grading/Site Work and Building Permit process. The
SWPPP describes the stormwater BMPs (structural and operational measures) that would
control the quality (and quantity) of stormwater runoff. In addition, the NPDES permit
requires implementation of non-point source control of runoff through the application of a
number of Best Management Practices (BMPs). These BMPs are meant to reduce the
amount of constituents, including eroded sediment, that enter streams and other water
bodies. Examples of BMPs typically used in the City of Dublin include: Vegetated swales in
parking areas; inspect dumpsters and other waste containers periodically; repair or replace
leaky dumpsters and containers, cover dumpsters and other waste containers, never
dispose of waste products in storm drain inlets recycle wastes or dispose properly.
CM„antl'ASSOCiat-Inc
Page 3-67
Heritage Park Draft EIR
Geology and Soils
Compliance with the City of Dublin Public Works Department Policy No. 95-1 1: the
NPDES permit process; and the City's Building Code requirements the proposed project
would result in a less than significant impact from erosion during construction activities.
Expansive Soil
Impact 3.4-6: Implementation of the proposed project would include future development
within an area that has expansive soils. With adherence to the City's
Building Code and CBC requirements, this is considered a potentially
significant impact.
According to the preliminary geotechnical investigation prepared for the proposed project,
soils within the project site would be subject to expansion. A design level geotechnical
analysis would be required for the proposed project as required by Mitigation Measure MM
3.4-3. In addition, the proposed project would be required to adhere to the City's Building
Code and CBC requirements. Therefore, with compliance with regulatory requirements
and measures in the design level geotechnical report, which would address expansive soils,
this potentially significant impact would be reduced to a less than significant level.
P te„K,—y-H-
Page 3-68 ►� nd As—aces nc
rt
x0.1 Y
♦ " 4
A
u
� � � f'k rt 1 , • y �/
nr
•
� t'• � sue, 'qf"�. oa `p a � .:
L • • Ip .. 4 %'...
• 1
s .
•
Alquist Priolo Earthquake Fault
' Zone Boundaries (Approximate)
- Location of Calaveras Fault Trace
(Approximate)
Source:Stevens Ferrone&Bailey Engineering Company,Inc.,City of Dublin,RBF Consulting(2013)
Heritage Park EIR
' Alquist Priolo Earthquake Fault Zone Map for the Calaveras Fault
CONSULTING
Figure 3.4-1
' A'- Company omp
` MAf1 .
Linear notch/ ;,E-facing scarp
Z- 011
\J Notch__,`; Linear notch bounded ag
on east by low,scarp
W-facing scarp z
E-facing scarp'
SW-facing scarps-
' _Shorp E-focing scarp in alluvium visible in
f ` - 1939 cericl photographs BUT-BUU-279-118
NE-facing scarp--" and 13UT-BUU-279-117
' East Facing
Soil Scarp .
' Arcuate, sloping SW-facing scarp _
Linear soil pattern and low E-facing
visible in 1939aerial photographs
BUT-BUU-279-115 and BUT-BUU- escarp in alluvium visible in 1939 aerial
279-116 photographs BUT-BUU-279-116 and,;
BUT-BUU-279-117
eitCl -Fiu;m7
Linear soil soil pattern and Ipw��
E-facing scarp in oliuviu hear ) x'
still visible here in 1977 Trou h g C a-
a --- SITE
�- NE Facing
Scarp in Soil (?)
••R ~'Sharp NE-facing scores
Trund6d
Hillside
NE Fac g
' Solid Line Where Clearly Evident, Scarp A ---
Dashed Where Approximate NE-facing scarp
SW-facing scarp along fan
channel in Ntio-Meistoce
Source:Stevens Ferrone&Bailey Engineering Company,Inc.(2013)
Heritage Park EIR
0 Calaveras Fault Traces and Exploratory Trenching
ACONSULTING Figure 3.4-2
A-. Company y
Site uxveyed?
Boundary Locat
� �au
I�
CF- -
n of Trench by .S e
112 and 6/11113 to
ning
' on of Trench Reported
n of Active
ce
e —2
' g Zone 1 Location of
SFB — Fault To
B Be Surveyed
1+40 0+00
Approximate Location of Trench by
SFB (2/13/12 to 2/16/12 and 6/11/13 to
6/14/13), with Stationing
1 Approximate Location of Trench Reported
by Terrasearch (1975)
Approximate Location of Active
Calaveras Fault Trace
' -------- Building Setback Line
r��M' No Habitable Building Zone
NOTE:Topographic Map was provided by CBG(2013).
Source:Stevens Ferrone&Bailey Engineering Company,Inc.(2013)
Heritage Park EIR
. . Habitable Building Setback Zone
0
A NG
Figure 3.4-3
' A-. Co Company
' Heritage Park Draft EIR
Greenhouse Gas Emissions and Climate Change
3.5 Greenhouse Gas Emissions and Climate Change
' This section analyzes the impacts associated with implementation of the proposed project
on greenhouse gas (GHG) emissions and climate change. The GHG emission modeling for
1 the proposed project is in Appendix B.
Environmental Setting
Greenhouse Gases
The natural process through which heat is retained in the troposphere is called the
1 "greenhouse effect. The greenhouse effect traps heat in the troposphere through a
three-fold process, summarized as follows: short wave radiation emitted by the Sun is
absorbed by the Earth; the Earth emits a portion of this energy in the form of long wave
' radiation; and GHGs in the upper atmosphere absorb this long wave radiation and emit this
long wave radiation into space and toward the Earth. This "trapping" of the long wave
(thermal) radiation emitted back toward the Earth is the underlying process of the
greenhouse effect.
The most abundant GHGs are water vapor and carbon dioxide. Many other trace gases
' have greater ability to absorb and re-radiate long wave radiation; however, these gases are
not as plentiful. For this reason, and to gauge the potency of GHGs, scientists have
established a Global Warming Potential for each GHG based on its ability to absorb and
' re-radiate long wave radiation.
GHGs include, but are not limited to,the following:2
Water Vapor(Hz� Although water vapor has not received the scrutiny of other
GHGs, it is the primary contributor to the greenhouse effect. Natural processes,
such as evaporation from oceans and rivers, and transpiration from plants,
contribute 90 percent and 10 percent of the water vapor in our atmosphere,
respectively.
' The primary human related source of water vapor comes from fuel combustion in
motor vehicles; however, this is not believed to contribute a significant amount (less
than one percent) to atmospheric concentrations of water vapor. The
I ntergove m mental Panel on Climate Change (IPCC) has not determined a Global
Warming Potential for water vapor.
The troposphere is the bottom layer of the atmosphere,which varies in height from the Earth's surface to 10 to 12
kilometers.
2 All Global Warming Potentials are given as 100-year Global Warming Potential. Unless noted otherwise, all Global
Warming Potentials were obtained from the I ntergovem mental Panel on Climate Change. (Intergovernmental Panel
on Climate Change, Climate Change, The Soence of Climate Change— Contribution of Working Group /to the
Second Assessment Report of the IPCC, 1996).
Coln and ASSOCatM
Page 3-69
Heritage Park Draft EIR '
Greenhouse Gas Emissions and Climate Change
• Carbon Dioxide (COJ. Carbon dioxide is primarily generated by fossil fuel
combustion in stationary and mobile sources. Due to the emergence of industrial ,
facilities and mobile sources in the past 250 years, the concentration of CO2 in the
atmosphere has increased 39 percent.3 Carbon dioxide is the most widely emitted
GHG and is the reference gas (Global Warming Potential of 1) for determining '
Global Warming Potentials for other GHGs.
• Methane (CHI Methane is emitted from biogenic sources, incomplete
combustion in forest fires, landfills, manure management, and leaks in natural gas
pipelines. In the United States, the top three sources of methane are landfills,
natural gas systems, and enteric fermentation. Methane is the primary component ,
of natural gas, which is used for space and water heating, steam production, and
power generation. The Global Warming Potential of CH4 is 21.
• Nitrous Oxide (N200). Nitrous oxide is produced by both natural and human ,
related sources. Primary human related sources include agricultural soil
management, animal manure management, sewage treatment, mobile and ,
stationary combustion of fossil fuel, adipic acid production, and nitric acid
production. The Global Warming Potential of N20 is 310.
_Hydrofluorocarbons (HFCs. HFCs are typically used as refrigerants for both
stationary refrigeration and mobile air conditioning. The use of HFCs for cooling
and foam blowing is growing, as the continued phase out of chlorofluorocarbons
(CFCs) and hydrochlorofluorocarbons (HCFCs) gains momentum. The Global
Warming Potential of HFCs range from 140 for HFC-152a to 11,700 for HFC-23.4
• Perfluorocarbons (PFCs). Primary aluminum production and semiconductor
manufacturing are the largest known man-made sources of two per fluorocarbons
(PFCs): tetrafl uoro methane (CF4) and tetrafl u oro methane (C2F6).
PerFluorocarbons are potent GHGs with a Global Wan-ning Potential several '
thousand times that of CO2, depending on the specific PFC. PFCs are also
relatively minor substitutes for ozone-depleting substances. The estimated
atmospheric lifetimes for CF4 and C21`6 are 50,000 and 10,000 years respectively.
The Global Warming Potentials of CF4 and C2F6 emissions are approximately 6,500
and 9,200, respectively.5
• Su/fur hexafluoride (2EF6. Sulfur hexafluoride is a colorless, odorless, nontoxic,
nonflammable gas. It is most commonly used as an electrical insulator in high
voltage equipment that transmits and distributes electricity. Sulfur hexafluoride is
the most potent GHG that has been evaluated by the IPCC with a Global
3 U.S. Environmental Protection Agency, Inventory of United States Greenhouse Gas Emissions and Sinks 1990 to
2011,April 2013.
4 U.S.Environmental Protection Agency,Greenhouse Gas Emissions. Accessed on July 15,2013.
s http://epa.gov/climatechange/ghgemissions/gases/fgases.htmi '
Ibid.
CC/i
Page 3-70
' Heritage Park Draft EIR
Greenhouse Gas Emissions and Climate Change
Warming Potential of 23,900. However, its global warming contribution is not as
high as the Global Warming Potential would indicate due to its low mixing ratio
compared to CO2 (4 parts per trillion [ppt] in 1990 versus 365 parts per million
[ppm], respectively.6
' In addition to the six major GHGs discussed above (excluding water vapor), many other
compounds have the potential to contribute to the greenhouse effect. Some of these
substances were previously identified as stratospheric ozone (03) depletors; therefore,
their gradual phase out is currently in effect. The following is a listing of these compounds:
' Hydroch/orofluorocarbons (HCFCs). HCFCs are solvents, similar in use and
chemical composition to CFCs. The main uses of HCFCs are for refrigerant
products and air conditioning systems. As part of the Montreal Protocol, all
' developed countries that adhere to the Montreal Protocol are subject to a
consumption cap and gradual phase out of HCFCs. The United States is scheduled
to achieve a 100 percent reduction to the cap by 2030. The Global Warming
' Potentials of HCFCs range from 93 for HCFC-123 to 2,000 for HCFC-142b
/,/,/ trichloroethane. 1,I,1 trichloroethane or methyl chloroform is a solvent and
degreasing agent commonly used by manufacturers. The Global Warming Potential
' of methyl chloroform is 110 times that of CO2.8
Ch lorofluorocarbons (CFCs). CFCs are used as refrigerants, cleaning solvents, and
aerosols spray propellants. CFCs were also part of the EPA's Final Rule (57 FR
3374) for the phase out Of 03 depleting substances. Currently, CFCs have been
replaced by HFCs in cooling systems and a variety of alternatives for cleaning
solvents. Nevertheless, CFCs remain suspended in the atmosphere contributing to
the greenhouse effect. CFCs are potent GHGs with Global Warming Potentials
ranging from 4,000 for CFC I I to 14,000 for CFC 13.9
Regulatory Setting
' Federal
The Federal Clean Air Act (FCAA) requires the EPA to define national ambient air quality
standards (national standards) to protect public health and welfare in the United States.
The FCAA does not specifically regulate GHG emissions; however, on April 2, 2007 the
U.S. Supreme Court in Massachusetts v. U.S. Envlronmental Protection Agency, determined
6
Ibid.
U.S. Environmental Protection Agency, Protection of Stratospheric Ozone: Listing of Global Warming Potential for
' Ozone Depleting Substances,dated October 29,2009.Accessed on November 5,2013.
http://www.epa.gov/EPA-AIR/1996/january/Day-19/pr-372.html,
s Ibid.
9 U.S. Environmental Protection Agency, Class I Ozone Depleting Substances, August 19, 2010. Accessed on
' November 5,2013.
http://www.epa.gov/ozone/ods.html
ranft ft
Page 3-71
Heritage Park Draft EIR '
Greenhouse Gas Emissions and Climate Change
that GHGs are pollutants that can be regulated under the FCAA. The EPA adopted an
endangerment finding and cause or contribute finding for GHGs on December 7, 2009. '
Under the endangerment finding, the Administrator found that the current and projected
atmospheric concentrations of the six, key, well-mixed GHGs (CO2, CH4, N2O, HFCs,
PFCs, and SF6) threaten the public health and welfare of current and future generations.
Under the cause or contribute finding, the Administrator found that the combined
emissions of these well-mixed GHGs from new motor vehicles and new motor vehicle
engines contribute to the GHG pollution which threatens public health and welfare. '
Based on these findings, on April 1, 2010, the EPA finalized the light-duty vehicle rule
controlling GHG emissions. This rule confirmed that January 2, 201 1, is the earliest date '
that a 2012 model year vehicle meeting these rule requirements may be sold in the United
States. On May 13, 2010, the EPA issued the final GHG Tailoring Rule. This rule set '
thresholds for GHG emissions that define when permits under the Prevention of Significant
Deterioration and Title V Operating Permit programs are required for new and existing
industrial facilities. Implementation of the Federal rules is expected to reduce the level of
emissions from new motor vehicles and large stationary sources.
State '
California Global Climate Change Regulatory Programs
Various statewide and local initiatives to reduce California's contribution to GHG emissions
have raised awareness that, even though the various contributors to and consequences of '
global climate change are not yet fully understood, global climate change is occurring, and
that there is a real potential for severe adverse environmental, social, and economic effects
in the long term. Every nation emits GHGs and as a result makes an incremental '
cumulative contribution to global climate change; therefore, global cooperation will be
required to reduce the rate of GHG emissions enough to slow or stop the human-caused
increase in average global temperatures and associated changes in climatic conditions. '
Executive Order S-1-07. Executive Order S-1-07 proclaims that the transportation sector
is the main source of GHG emissions in California, generating more than 40 percent of '
statewide emissions. It establishes a goal to reduce the carbon intensity of transportation
fuels sold in California by at least ten percent by 2020. This order also directs CARB to
determine whether this Low Carbon Fuel Standard (LCFS) could be adopted as a discrete
early-action measure as part of the effort to meet the mandates in AB 32.
Executive Order S-3-05. Executive Order S-3-05 set forth a series of target dates by which 1
statewide emissions of GHGs would be progressively reduced, as follows:
• By 2010, reduce GHG emissions to 2000 levels; '
• By 2020, reduce GHG emissions to 1990 levels; and
• By 2050, reduce GHG emissions to 80 percent below 1990 levels.
6
Page 3-72 n
►� Wda,ft
i
' Heritage Park Draft EIR
Greenhouse Gas Emissions and Climate Change
The Executive Order directed the secretary of the California Environmental Protection
Agency (Cal/EPA) to coordinate a multi-agency effort to reduce GHG emissions to the
target levels. The secretary will also submit biannual reports to the governor and California
Legislature describing the progress made toward the emissions targets, the impacts of
global climate change on California's resources, and mitigation and adaptation plans to
combat these impacts. To comply with the executive order, the secretary of Cal/EPA
created the California Climate Action Team (CAT), made up of members from various
State agencies and commissions. The team released its first report in March 2006. The
report proposed to achieve the targets by building on the voluntary actions of California
businesses, local governments, and communities and through State incentive and regulatory
' programs.
Executive Order S-13-08. Executive Order S-13-08 seeks to enhance the State's
management of climate impacts including sea level rise, increased temperatures, shifting
precipitation, and extreme weather events by facilitating the development of State's first
climate adaptation strategy. This will result in consistent guidance from experts on how to
' address climate change impacts in the State of California.
Executive Order S-14-08. Executive Order S-14-08 expands the State's Renewable Energy
' Standard to 33 percent renewable power by 2020. Additionally, Executive Order S-21-09
(signed on September 15, 2009) directs CARB to adopt regulations requiring 33 percent of
electricity sold in the State come from renewable energy by 2020. CARB adopted the
"Renewable Electricity Standard" on September 23, 2010, which requires 33 percent
renewable energy by 2020 for most publicly owned electricity retailers.
' Executive Order 5-20-04. Executive Order S-20-04, the California Green Building Initiative,
(signed into law on December 14, 2004), establishes a goal of reducing energy use in State-
, owned buildings by 20 percent from a 2003 baseline by 2015. It also encourages the
private commercial sector to set the same goal. The initiative places the California Energy
Commission (CEC) in charge of developing a building efficiency benchmarking system,
' commissioning and retro-commissioning (commissioning for existing commercial buildings)
guidelines, and developing and refining building energy efficiency standards under Title 24 to
meet this goal.
' Executive Order S-21-09. Executive Order 5-21-09, 33 percent Renewable Energy for
California, directs CARB to adopt regulations to increase California's Renewable Portfolio
Standard (RPS) to 33 percent by 2020. This builds upon SB 1078 (2002) which established
the California RPS program, requiring 20 percent renewable energy by 2017, and SB 107
(2006) which advanced the 20 percent deadline to 2010, a goal which was expanded to 33
' percent by 2020 in the 2005 Energy Action Plan 11.
Assembly Bill 32 (California Global Warming Solutions Act of 2006). California passed the
' California Global Warming Solutions Act of 2006 (AB 32; Califomia Health and Safety
Code Division 25.5, Sections 38500 - 38599). AB 32 establishes regulatory, reporting, and
market mechanisms to achieve quantifiable reductions in GHG emissions and establishes a
CC/1 b ASSOCMO&
Page 3-73
Heritage Park Draft EIR
Greenhouse Gas Emissions and Climate Change
cap on statewide GHG emissions. AB 32 requires that statewide GHG emissions be
reduced to 1990 levels by 2020. AB 32 specifies that regulations adopted in response to '
AB 1493 should be used to address GHG emissions from vehicles. However, AB 32 also
includes language stating that if the AB 1493 regulations cannot be implemented, then
CARB should develop new regulations to control vehicle GHG emissions under the
authorization of AB 32.
Assembly Bill 1493. AB 1493 (also known as the Pavley Bill) requires that CARB develop '
and adopt, by January 1, 2005, regulations that achieve "the maximum feasible reduction of
GHG emitted by passenger vehicles and light-duty trucks and other vehicles determined by
CARB to be vehicles whose primary use is noncommercial personal transportation in the '
State."
To meet the requirements of AB 1493, CARB approved amendments to the California
Code of Regulations (CCR) in 2004 by adding GHG emissions standards to Califorriia's
existing standards for motor vehicle emissions. Amendments to CCR Title 13, Sections
1900 and 1961 and adoption of 13 CCR Section 1961.1 require automobile manufacturers ,
to meet fleet-average GHG emissions limits for all passenger cars, light-duty trucks within
various weight criteria, and medium-duty weight classes for passenger vehicles (i.e., any '
medium-duty vehicle with a gross vehicle weight rating less than 10,000 pounds that is
designed primarily to transport people), beginning with the 2009 model year. Emissions
limits are reduced further in each model year through 2016. When fully phased in, the '
near-term standards will result in a reduction of about 22 percent in GHG emissions
compared to the emissions from the 2002 fleet, while the mid-term standards will result in
a reduction of about 30 percent. ,
Assembly Bill 3018. AB 3018 established the Green Collar Jobs Council (GCJC) under the
California Workforce Investment Board (CWIB). The GCJC will develop a comprehensive '
approach to address Califomia's emerging workforce needs associated with the emerging
green economy. This bill will ignite the development of job training programs in the clean
and green technology sectors. '
Senate Bill 97. SB 97, signed in August 2007 (Chapter 185, Statutes of 2007; PRC Sections
21083.05 and 21097), acknowledges that climate change is a prominent environmental '
issue that requires analysis under CEQA. This bill directs the Governors Office of Planning
and Research (OPR), which is part of the State Natural Resources Agency, to prepare,
develop, and transmit to CARB guidelines for the feasible mitigation of GHG emissions (or '
the effects of GHG emissions), as required by CEQA.
OPR published a technical advisory recommending that CEQA lead agencies make a good-
faith effort to estimate the quantity of GHG emissions that would be generated by a
proposed project. Specifically, based on available information, CEQA lead agencies should
estimate the emissions associated with project-related vehicular traffic, energy consumption, '
water usage, and construction activities to determine whether project-level or cumulative
impacts could occur, and should mitigate the impacts where feasible. OPR requested CARB
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' Heritage Park Draft EIR
Greenhouse Gas Emissions and Climate Change
technical staff to recommend a method for setting CEQA thresholds of significance as
' described in CEQA Guidelines Section 15064.7 that will encourage consistency and
uniformity in the CEQA analysis of GHG emissions throughout the State.
The Natural Resources Agency adopted the CEQA Guidelines Amendments prepared by
OPR, as directed by SB 97. On February 16, 2010, the Office of Administration Law
approved the CEQA Guidelines Amendments, and filed them with the Secretary of State
' for inclusion in the California Code of Regulations. The CEQA Guidelines Amendments
became effective on March 18, 2010.
' Senate Bill 375. SB 375, signed in September 2008 (Chapter 728, Statutes of 2008), aligns
regional transportation planning efforts, regional GHG reduction targets, and land use and
housing allocation. SB 375 requires Metropolitan Planning Organizations (MPOs) to adopt
' a sustainable communities strategy (SCS) or alternative planning strategy (APS) that will
prescribe land use allocation in that MPOs regional transportation plan. CARB, in
consultation with MPOs, will provide each affected region with reduction targets for GHGs
' emitted by passenger cars and light trucks in the region for the years 2020 and 2035.
These reduction targets will be updated every eight years but can be updated every four
years if advancements in emissions technologies affect the reduction strategies to achieve
the targets. CARB is also charged with reviewing each MPO's SCS or APS for consistency
with its assigned targets. If MPOs do not meet the GHG reduction targets, transportation
' projects may not be eligible for funding programmed after January 1, 2012.
Senate Bills 1078 and 107. SB 1078 (Chapter 516, Statutes of 2002) requires retail sellers
of electricity, including investor-owned utilities and community choice aggregators, to
provide at least 20 percent of their supply from renewable sources by 2017. SB 107
(Chapter 464, Statutes of 2006) changed the target date to 2010.
Senate Bill 1368. SB 1368 (Chapter 598, Statutes of 2006) is the companion bill of AB 32
and was signed into law in September 2006. SB 1368 required the California Public
' Utilities Commission (CPUC) to establish a performance standard for base load generation
of GHG emissions by investor-owned utilities by February 1, 2007. SB 1368 also required
the CEC to establish a similar standard for local publicly owned utilities by June 30, 2007.
' These standards could not exceed the GHG emissions rate from a base load combined-
cycle, natural gas—fired plant. Furthermore, the legislation states that all electricity provided
to California, including imported electricity, must be generated by plants that meet the
standards set by CPUC and CEC.
CARB Scoping Plan. On December 11, 2008, CARB adopted its Scoping Plan, which
functions as a roadmap to achieve GHG reductions in California required by AB 32
through subsequently enacted regulations. CARB's Scoping Plan contains the main
strategies California will implement to reduce COzeq emissions by 174 million metric tons
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Heritage Park Draft EIR ,
Greenhouse Gas Emissions and Climate Change
(MT), or approximately 30 percent, from the State's projected 2020 emissions level of 596
million MT CO2eq 10 under a "Business As Usual" (BAU)1 1 scenario. This is a reduction of '
42 million MT CO2eq, or almost ten percent, from 2002 to 2004 average emissions, but
requires the reductions in the face of population and economic growth through 2020.
CARB's Scoping Plan calculates 2020 BAU emissions as the emissions that would be
expected to occur in the absence of any GHG reduction measures. The 2020 BAU
emissions estimate was derived by projecting emissions from a past baseline year using
growth factors specific to each of the different economic sectors (e.g., transportation,
electrical power, commercial and residential, industrial, etc.). CARB used three-year
average emissions, by sector, for 2002 to 2004 to forecast emissions to 2020. At the time '
CARB's Scoping Plan process was initiated, 2004 was the most recent year for which actual
data was available. The measures described in CARB's Scoping Plan are intended to
reduce the projected 2020 BAU to 1990 levels, as required by AB 32. ,
Local
Bay Area Air Quality Management District '
The BAAQMD is the public agency responsible for regulating stationary sources of air
pollution in the nine counties that surround San Francisco Bay. The BAAQMD also ,
provides guidance to Lead Agencies, consultants, and other parties regarding air quality
analyses conducted pursuant to CEQA. The BAAQMD's CEQA Air Quality Guide lines
provide BAAQMD-recommended procedures for evaluating potential air quality and GHG '
impacts during the environmental review process consistent with CEQA requirements.
The BAAQMD's approach to developing a threshold of significance for GHG emissions is
to identify the emissions level for which a project would not be expected to substantially
conflict with existing California legislation adopted to reduce statewide GHG emissions
needed to move us towards climate stabilization. If a project would generate GHG '
emissions above the threshold level, it would be considered to contribute considerably to a
significant cumulative impact. Stationary-source projects include land uses that would
accommodate processes and equipment that emit GHG emissions and would require an ,
Air District permit to operate. If annual emissions of operational-related GHGs exceed
these levels, the proposed project would result in a cumulatively considerable contribution
to a cumulatively significant impact to global climate change.
10 Carbon Dioxide Equivalent (CO2eq) -A metric measure used to compare the emissions from various greenhouse ,
gases based upon their global warming potential.
"Business as Usual" refers to emissions that would be expected to occur in the absence of GHG reductions. See
http://www.arb.ca.gov/cc/inventory/data/forecast.htm. Note that there is significant controversy as to what BAU
means. In determining the GHG 2020 limit, CARB used the above as the "definition:' It is broad enough to allow '
for design features to be counted as reductions.
GZFJ
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Greenhouse Gas Emissions and Climate Change
On March 5, 2012, the Alameda County Superior Court issued a judgment finding that the
' BAAQMD had failed to comply with CEQA when it adopted the Thresholds. The court
issued a writ of mandate ordering the BAAQMD to set aside the Thresholds and cease
dissemination of them until the BAAQMD had complied with CEQA. Per CEQA
Guidelines Section 15064.7 (Thresholds of Significance) the City of Dublin will nonetheless
exercise its own discretion to rely on the thresholds within the Options and justification
Report (dated October 2009) prepared by the BAAQMD. The BAAQMD Options and
' Justification Report establishes thresholds based on substantial evidence and are consistent
with the thresholds outlined within the 2010 CEQA Air Quality Guide lines On August 13,
2013, the First District Court of Appeal reversed the Superior Courts decision, holding that
' BAAQMD's promulgation of the thresholds was not a project subject to CEQA review.
The court also concluded that BAAQMD's thresholds were supported by substantial
evidence and not arbitrary or capricious. Table 3.5-1: BAAQMD GHG Thresholds,
presents the project-level thresholds for GHG emissions.
' The BAAQMD does not have an adopted threshold of significance for construction-related
GHG emissions. However, the BAAQMD recommends quantification and disclosure of
construction GHG emissions. The BAAQMD also recommends that the Lead Agency
' should make a determination on the significance of these construction generated GHG
emission impacts in relation to meeting AB 32 GHG reduction goals, as required by the
Public Resources Code, Section 21082.2. The Lead Agency 1s encouraged to incorporate
' best management practices to reduce GHG emissions during construction, as feasible and
applicable.
' Table 3.5-I: BAAQMD GHG Thresholds
Project Type Construction- Operational-Related
Related
' Compliance with Qualified Climate
Action Plan
Projects other than Stationary None OR
Sources' 1,100 MTCO2eq/yr.
' OR
4.6 MTCO2e /SP2/ r.
Stationary Sources None I 10,000 MTCO2e / r.
' MTCO2e / r.= metric tons of carbon dioxide equivalent per year
Notes:
1:According to the BAAQMD CEQA Guidelines,a stationary source project is one that includes land uses that
would accommodate processes and equipment that emit GHG emissions and would require a BAAQMD
' permit to operate. Projects other than stationary sources are land use development projects including
residential,commercial,industrial,and public uses that do not require a BAAQMD permit to operate.
2: SP=service population residents+em Io ees
Source: BAAQMD, Options and Justification Report, October 2009 and BAAQMD, CEQA Air Quality
Guidelines,May 2011.
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Greenhouse Gas Emissions and Climate Change
City of Dublin
City of Dublin Climate Action Plan '
The City of Dublin prepared a Climate Action Plan (CAP) and Initial Study/Mitigated
Negative Declaration in October 2010. The City's CAP provides background on actions '
taken to curb GHG emissions; presents Dublin's baseline GHG emissions inventory in 2005
and forecast for GHG emissions in 2020 based on business-as-usual scenario; establishes a
GHG emissions reduction target; and presents steps for implementation of the CAP and '
monitoring and verification of the CAP to achieve the designated emissions reduction
target. The CAP serves as the City's qualified GHG Reduction Plan and programmatic
tiering document for the purposes of CEQA for the analysis of impacts to GHG emissions '
and climate change. The City has determined that the reduction target under the CAP will
reduce the impact from activities under the CAP to a less than significant level under
CEQA. If a proposed project is consistent with the applicable emission reduction measures '
identified in the CAP, the project would be considered to have a less than significant impact
(i.e. less than cumulatively considerable contribution to significant cumulative impact) due to
GHG emissions and climate change consistent with Public Resources Code Section '
21083.3 and CEQA Guidelines Sections 15 183.5, 15064, and 15130.
Impacts and Mitigation Measures '
Criteria for Determining Significance
In accordance with CEQA, State CEQA Guide lines, and agency and professional standards,
a project impact would be considered significant if the project would:
• Generate greenhouse gas emissions, either directly or indirectly, that may have a '
significant impact on the environment.; and/or
• Conflict with an applicable plan, policy or regulation adopted for the purpose of ,
reducing the emissions of greenhouse gases (the City's Climate Action Plan).
Impacts and Mitigation Measures
Greenhouse Gas Emissions ,
Impact 3.5-1: Greenhouse gas emissions generated by the project would not have a
significant impact on the environment. This is considered a less than
significant impact.
GHG emissions associated with the proposed project (i.e., COz, NZO, and CH4)would be '
generated by construction activities, as well as from vehicle miles traveled (VMT), area
sources, energy consumption, water supply, and solid waste generation. Implementation of
the proposed project is not anticipated to generate other forms of GHG emissions in
quantities that would facilitate a meaningful analysis.
Project-Related Greenhouse Gas Emissions '
BAU GHG emissions are those that would occur as a result of implementation of the
proposed project (54 small lot single family homes, and a 14,000 square foot office ,
C C
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' Heritage Park Draft EIR
Greenhouse Gas Emissions and Climate Change
building). As previously stated, BAU refers to emissions that would be expected to occur
in the absence of GHG reduction measures. The proposed project would demolish and
replace the existing 1 10,000 square foot office complex; therefore, Table 3.5-2: Estimated
Greenhouse Gas Emissions, presents the estimated CO2, N20, and CH4 emissions of the
' proposed project, as well as the existing uses.
Table 3.5-2: Estimated Greenhouse Gas Emissions
CO2 CH4 N20
Total Metric
Source Metric Metric Metric Tons Metric LMetHc Tons of Tons of
Tons/yr' Tons/yr of CO2eg2 Tons/yr e 2 CO2eq
' Existing Emissions
Area Source 0.00 0.00 0.00 0.00 0.00 0.00
Mobile Source 1,233.81 0.06 1.30 0.00 0.00 1,235.17
'
Energy 731.81 0.03 0.63 7.75 2,403 3,143.22
Waste 20.77 1.23 25.80 0.00 0.00 47.80
Water Demand 49.98 0.64 13.40 0.02 6.20 70.24
' Total Existing Emissions 2,036.37 1.96 41.13 7.77 2,409.20 4,496.43
Proposed Business As Usual Emissions
Area Source 10.22 0.02 0.42 0.00 0.00 10.66
Mobile Source 794.92 0.03 0.63 0.00 0.00 795.58
'
Energy 305.92 0.01 0.21 0.00 0.00 306.14
Waste 15.77 0.93 19.50 0.00 0.00 36.20
Water Demand 15.17 0.20 4.20 0.00 0.00 19.57
' Total Proposed Emissions 1,142.00 1.19 24.96 0.00 0.00 1,168.15
Net Business As Usual GHG -3,328.28 MTCO2eq
Emissions
' GHG Threshold 1,100 MTCO2e
Notes:
1. Emissions calculated using CalEEMod computer model.
2. CO2 Equivalent values calculated using the EPA Website, Greenhouse Gas Equivalencies Calculator,
http://www.epa.gov/cleanenergy/energy-resources/calculator.html,accessed November 11,2013.
3. Totals may be slightly off due to rounding.
.
Refer to Appendix B,Air Quality and Greenhouse Gas Emissions Data,for detailed model input/output data.
' Direct Project-Related Sources of Greenhouse Gas Emissions
' Direct project-related GHG emissions include emissions from area and mobile sources.
Table 3.5-2: Estimated Greenhouse Gas Emissions, estimates the CO2, N20, and CH4
emissions of the proposed project. The proposed project Is not anticipated to generate
other forms of GHG emissions in quantities that would facilitate a meaningful analysis.
Therefore, this analysis focuses on these three forms of GHG emissions. GHG emissions
estimations are based on an estimate of traffic trips, as well as land use data.
' Mobile source emissions would represent the greatest amounts of GHGs generated from
the proposed project. The proposed project would directly result in 795.58
CUPI W,ft
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Greenhouse Gas Emissions and Climate Change
MTCO2eq/year of mobile source GHG emissions. Area source emissions as a result of the
proposed project would be 10.66 MTCO2eq/year. N2O and CH4 emissions were first '
calculated in metric tons/year, then converted to MTCO2eq/year utilizing the EPA's GHG
equivalencies calculator. Converting emissions to comparable units (MTCO2eq/year)
allows for the summation of all GHG emissions. ,
Indirect Project-Related Sources of Greenhouse Gas Emissions
Energy consumption emissions were calculated using CalEEMod and project-specific land '
use data. The potential development within the project area would indirectly result in
306.14 MTCO2eq/year due to energy usage; refer to Table 3.5-2: Estimated Greenhouse '
Gas Emissions.
Water demand for the proposed uses would be approximately 264 million gallons of water ,
per year. Emissions from indirect energy impacts due to water supply would result in 19.57
MTCO2eq/year.
Total Business As Usual Greenhouse Gas Emissions '
As shown in Table 3.5-2: Estimated Greenhouse Gas Emissions, the BAU GHG emissions
at project buildout would total 1,168.15 MTCO2eq/year, net emissions would be reduced ,
by 3,328.28 MTCO2eq/year due to the reduction in mobile source emissions, etc. The
BAAQMD threshold for GHG emissions is 1,100 MTCO2eq/year, therefore, the proposed
project would not exceed the BAAQMD GHG threshold under the BAU scenario. ,
Therefore, GHG emissions would be less than significant.
Consistency with Applicable GHG Plans, Policies, or Regulations '
Impact 3.5-2: Implementation of the proposed project would not conflict with an
applicable greenhouse gas reduction plan, policy, or regulation. This is '
considered a less than significant impact.
As previously noted, the City of Dublin prepared a CAP and Initial Study/Mitigated '
Negative Declaration in October 2010. The City's CAP serves as the City of Dublin's
qualified GHG Reduction Plan and programmatic tiering document for the purposes of
CEQA for the analysis of impacts to GHG emissions and climate change. The City has '
determined that the reduction target of 20 percent from BAU under the CAP would
reduce the impact from activities under the CAP to a less than significant level under
CEQA. If a proposed project is consistent with the applicable emission reduction measures '
identified in the CAP, the project would be considered to have a less than significant
impact. Table 3.5-3: Project Consistency with the City's Climate Action Plan Measures,
discusses the project compliance with several of the CAP measures aimed at reducing '
community-wide GHG emissions.
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' Heritage Park Draft EIR
Greenhouse Gas Emissions and Climate Change
Table 3.5-3: Project Consistency with the City's Climate Action Plan Measures
tTransportation and land Use Measures
A.1.1: Transit-Oriented Development. Measure A.I.I The project site is located approximately 0.42 miles from
' discusses the City's plan for the Dublin Transit Center, the West Dublin/Pleasanton BART Station. Additionally,
located near the existing Dublin/Pleasanton BART station. the project site is located within walking distance (less than
The Dublin Transit Center allows for the construction of 0.4-mile) of Wheels Bus Routes 503, 10, 3, and R along
' high-density residential uses, campus office uses, San Ramon Road and Dublin Boulevard. Because the
commercial uses, and a park. project site is located within close proximity to transit,
residents and employees would be encouraged to utilize
transit. Therefore, the proposed project is compliant with
' CAP Measure A.1.1.
A.1.8: General Plan Community Design and Sustainability The proposed project is an infill project, and incorporates
Element. The Community Design and Sustainability the General Plan Community Design and Sustainability
' Element establishes design principles, policies, and Element vision for a diverse, functional and aesthetically
implementation measures to enhance the livability of appealing community that guides compatible land uses,
Dublin and encourages a high level of quality design that community design, and sustainable development to
supports sustainability. preserve a healthy quality of life for the present and future
' generations. Therefore, the proposed project is consistent
with CAP Measure A.1.8.
A.1.10: Bikeways Master Plan. Policies in the City's The City's Bikeways Master Plan provides goals, policies
' Bikeways Master Plan include the continued development and standards for developing and implementing a bikeway
of successful bicycle and pedestrian trail corridors, system. The proposed project promotes viable
improved bicycle access to parks and open space areas, transportation altematives to the automobile and supports
improved bicycle lanes and/or routes on several key cross- walking and bicycling throughout the project site and
' city corridors, bikeways on key freeway crossings, the vicinity, with safe and convenient access to transit, open
development of education and enforcement programs, space,trails, parks, and other recreational amenities. Thus,
and improvements to the City's Bicycle Parking Ordinance. as the proposed project would be consistent with the
' City's Bikeways Master Plan, the project would be
compliant with CAP Measure A.I.10.
Ene Measures
A.2.1: Green Building Ordinance. In 2009,the City passed The Green Building Ordinance provides policies and
a Green Building Ordinance requiring residential projects standards that address the City's requirements for
over 20 units to reach 50 points on the GreenPoint Rating encouraging sustainable design and construction practices
system. Altematively, LEED for Homes is approved in the of buildings. The proposed project would comply with the
' ordinance. Other types of rating systems may be approved California Green Code requirements. Additionally, the
by the City's Green Building Official on a case-by-case proposed project would include high efficiency lighting in
basis. The majority of residential projects within the City the proposed residential units and office building. As the
are subject to the Green Building Ordinance. proposed project is consistent with the City's Green
Building Ordinance, the proposed project would be
compliant with CAP Measure A.2.1.
Solid Waste and Recycling Measures
A.3.1: Construction and Demolition Debris Ordinance. The City requires all construction and demolition projects
Since 2005, the City has implemented a Construction and to recycle at least 50 percent of waste generated on a job
Demolition Debris Ordinance with a required 100% of site. As the proposed project would be required to
asphalt and concrete recycled, and a minimum of 50% of comply with the City's Construction and Demolition
' all other materials recycled. The City's diversion rate has Debris Ordinance, the proposed project would be
consistently been between 80% and 90% since 2005, well compliant with CAP Measure A.3.1.
above the 50%requirement.
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Greenhouse Gas Emissions and Climate Change
1
Climate Action Plan Measure Pro ect Applicability
A.3.4: Commercial Recycling Program. In 2005, the City Free recycling service is available to all commercial '
began offering a free commercial recycling program that customers that subscribe to garbage service. The
also includes free indoor recycling containers for schools proposed project encourages solid waste reduction
and businesses. Indoor recycling containers encourage measures, including implementing recycling and '
employees and students to recycle by conveniently composting services on the project site. Convenient and
locating recycling containers near their work areas, readily accessible recycling facilities would be provided
A.3.6: Promote Commercial Recycling. In 2005, the City within the new residential and office developments. Thus,
began promoting commercial recycling in the City. The the proposed project would be compliant with CAP 1
City has developed commercial recycling guides for Measures A.3.4 and A.3.6.
businesses and the City's franchise waste hauler conducts
two business audits per business day to increase diversion 1
efforts in the commercial sector. Programs for recycling
contribute to reducing the energy and transportation
needed to manufacture and ship virgin products and
therefore play an important role in the City's efforts to '
reduce GHG emissions associated with the waste sector.
The proposed project includes several measures that would be consistent with the CAP '
measures. The project would not exceed the BAAQMD significance thresholds for GHG
emissions, as it would result in a net reduction of 3,328.28 MTCOZeq/year. Therefore, as
the project is consistent with the CAP, and the CAP is consistent with AB 32, the 1
proposed project would not hinder the State's GHG reduction strategies for meeting the
goals established by AB 32, and the proposed project would not exceed the BAAQMD's
1,100 MTCOZeq/year threshold, a less than significant impact would occur. 1
1
1
i
1
i
i
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Hazards and Hazardous Materials
3.6 Hazards and Hazardous Materials
' The purpose of this section is to identify the potential for the proposed project to expose
the public or the environment to hazards and hazardous materials related to existing
' conditions or new hazards created as a result of the proposed project. Where significant
impacts are identified, mitigation measures are provided to reduce these impacts to the
extent feasible. This section is based on a review of the Phase I Environmental Site
' Assessment (ESA) prepared for the project site on behalf of the project applicant by
Bureau Veritas (dated February 21, 2012). The Phase I ESA is included as Appendix D of
this Draft EIR.
Environmental Setting
Regional Setting
The proposed project is located in the Amado r-Livermore Valley region of eastern
Alameda County, within the California Coast Ranges Physiographic Province. The project
' site consists of a broad alluvial plain within the Amador-Livermore Valley that contains
sedimentary deposits derived from the surrounding hills.
' Hazardous Materials
Hazardous materials include substances that are corrosive, poisonous, radioactive,
flammable, or explosive. Although the City of Dublin has industrial and commercial
' activities within and in the project vicinity that store, use, and dispose of hazardous
materials, no regional groundwater conditions have been identified in the project area.
Hazardous Materials Transport
Hazardous materials are transported through the City regularly along major transportation
corridors, including Interstates 580 and 680, and several arterial streets (including San
' Ramon Road, Amador Valley Boulevard, and Dublin Boulevard). Local streets within the
City provide access to commercial and industrial businesses.
' Airport Hazards
The closest airport to the project site is the Livermore Municipal Airport, which is located
' approximately 5.8 miles east of the project site. The airport is a general aviation airport
which serves private, business, and corporate tenants and customers. Based on Figure 3-1,
Airport Influence Area, of the Livermore Municipal Airport Land Use Compatibility Plan
' (August 27, 2012), the project site is not located within the airport influence area.
Wildland Fire Hazards
According to the City of Dublin General Plan, steep, inaccessible slopes and brush create a
high fire hazard in the western hills. Additionally, areas within the Extended Planning Areas
that are adjacent to open space are susceptible to fire hazards. Due to the location of the
' project site (within a developed area of the central portion of the City), the proposed
project is not located within an area that would be subject to wildland fires.
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Hazards and Hazardous Materials
Project Setting
The project site consists of a complex of two-story commercial office buildings (Heritage '
Park Office). These buildings were constructed between 1978 and 1981. Other developed
areas of the project site include paved areas for parking as well as areas of omamental '
landscaping. One AT&T-owned cellular telephone tower and associated equipment shelter
are located at the northeast comer of the project site.
Adjoining uses primarily consist of commercial and institutional uses. Institutional uses '
(Church of Christ) and commercial uses (Shell Station and a restaurant) are located to the
north of the project site. San Ramon Road bounds the project site to the east and
commercial office buildings are present beyond. Vacant land associated with Dublin Creek
and transportation uses (Interstate 580 [I-580]) are located to the south. Donlon Way
bounds the western portion of the project site, with Heritage Park and Museums located '
beyond.
Current Operations '
There are approximately 80 tenant office spaces on-site within the existing Heritage Park
Office complex. The interior areas variously include offices, kitchenettes, and restrooms.
There is one hydraulic elevator located on-site. ,
Hazardous Materials
Currently, no regulated quantities of hazardous materials are present within the project site. t
The Phase I ESA noted one hydraulic elevator tank on-site that stores hydraulic oil. The
hydraulic oil tank appeared to be in good condition, with no obvious staining or leaking. '
Two pad-mounted transformers owned by Pacific Gas & Electric (PG&E) were observed
on the project site in paved parking areas. No obvious evidence of release from these
transformers was observed as part of the Phase I ESA. '
Government Code Section 65962.5
Govemment Code Section 65962.5 requires the Department of Toxic Substances Control '
(DTSC) and State Water Resources Control Board (SWRCB) to compile and update a
regulatory sites listing (per the criteria of the Section). The State Department of Health
Services is also required to compile and update, as appropriate, a list of all public drinking '
water wells that contain detectable levels of organic contaminants and that are subject to
water analysis pursuant to Section 1 16395 of the Health and Safety Code. Section 65962.5
requires the local enforcement agency, as designated pursuant to Section 18051 of Title 14 ,
of the Califomia Code of Regulations (CCR), to compile, as appropriate, a list of all solid
waste disposal facilities from which there is a known migration of hazardous waste. The
project site is not listed on a list of hazardous materials sites compiled pursuant to
Govemment Code Section 65962.5 (DTSC 2013).
Historical Uses '
Based on the Phase I ESA, the project site appears to have been developed for
residential/agricultural use from 1906 until the late 1970s. By 1981, the project site appears
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' Heritage Park Draft EIR
Hazards and Hazardous Materials
to have been developed with the existing on-site structures. Although not documented at
' the project site, agricultural chemicals (e.g., organochlorine pesticides and metal
compounds) may have been applied while the site was under agricultural production.
These activities can result in residual agricultural chemicals to be present in the near surface
' soils (i.e., I to 3 feet below ground surface [bgs]). These residual agricultural chemicals may
influence the off-site disposal of soil or pose a health risk to residential site users at the
project site. However, based on the Phase I ESA, these residual chemicals, if present, are
not typically at concentrations that would require cleanup by a regulatory agency or pose a
significant human health risk. In addition, the project site was redeveloped, following this
historical use, to the existing on-site commercial/office uses. Therefore, based on the past
' disturbance of the project site and unlikely presence of elevated concentrations, the Phase I
ESA determined that this historical use is not anticipated to have resulted in an
' environmental condition associated with the current on-site soil conditions.
Since development of the Heritage Park Office complex by 1981, occupancy has generally
been related to office use, but has included some light biomedical operations that
generated medical waste until at least 1996. According to the Phase I ESA, bio hazardous
wastes associated with the Chabot Dialysis Center were historically observed in small
' containers inside one on-site building and large containers outside one building. The bio
hazardous wastes were reportedly hauled off-site by a licensed waste contractor and there
were no reported non-compliance citations against Chabot Dialysis Center. No
' underground storage tanks (USTs) or aboveground storage tanks (ASTs) were identified.
Several 55-gallon drums of acid stored outside of one building was noted in the Phase I
ESA. A reverse osmosis water purification system consisting of two carbon tanks, one
' water softener tank, one brine tank, and one 550-gallon water holding tank was also
documented. No manufacturing activities were noted in association with the project site.
Based on the Phase I ESA, no contamination has been reported in association with these
' past on-site activities.
Potential Groundwater Contamination
Based on the Phase I ESA, in 2008, the City of Dublin redeveloped the former off-site
Dublin Square Shopping Center to a city park (Heritage Park). This property is located
approximately 200 feet west and up-gradient of the project site. During park construction,
three USTs and a concrete vault were discovered and removed from the northwestern
portion of the property. In addition, 280 tons of petroleum-impacted soil was removed.
Verification groundwater sampling was not conducted and this off-site property remains an
' active open case under regulatory oversight by the Alameda County Department of
Environmental Health (ACDEH). According to the Phase I ESA, the unknown status of
groundwater associated with this up-gradient release presents a potential contamination
tconcern for groundwater underlying the project site.
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Hazards and Hazardous Materials
Regulatory Setting
Federal and State
A material is considered hazardous if it has been designated as such by a federal, state, or
local agency, or if it has characteristics defined as hazardous by such an agency. The '
California Code of Regulations defines a hazardous material as a substance that, because of
physical or chemical properties, its quantity, concentration, or other characteristics, may
either (1) cause an increase in mortality or an increase in serious, irreversible, or
incapacitating illness; or (2) pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or disposed of, or
otherwise managed (22 CCR Section 66260.10 and California Health and Safety Code
[HSC] Section 25501). Based on this definition, "hazardous materials" include, but are not
limited to, hazardous substances, hazardous waste, and any material that a handler or the
administering agency has a reasonable basis for believing would be injurious to the health '
and safety of persons or harmful to the environment if released into the workplace or the
environment (22 CCR Section 66260.10).
Chemical residuals in soil that are the result of the normal application of fertilizer, plant
pesticides for agricultural purposes do not constitute a release of hazardous substances
under the California Hazardous Substances Account Act (HSC Section 25321 (d)). '
Similarly, the Federal Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) exempts parties from liability for the application of federally-registered
pesticides [42 USC Section 9607(i)].
Regulation of hazardous materials and hazardous wastes occurs at the federal, state, and
local levels of government. On the federal level, many hazardous materials-related '
regulations are promulgated by the EPA. Additional regulations pertaining to work place
standards and for transportation of hazardous materials are enforced by the United States
Department of Labor Occupational Health and Safety Administration (OSHA) and the '
United States Department of Transportation (DOT).
In 1993, Senate Bill 1082 gave the California Environmental Protection Agency (CaIEPA)
the authority and responsibility to establish a unified hazardous waste and hazardous
materials management and regulatory program (Unified Program). The purpose of the
Unified Program is to consolidate and coordinate six different haz ardous materials and
hazardous waste programs, and to insure that they are consistently implemented
throughout the state. The unified program is overseen by CaIEPA with support from the
DTSC, SWRCB, the Office of Emergency Services, and the State Fire Marshal.
State law requires county and local agencies to implement the Unified Program. The
county and local agencies in charge of implementing the program are called "Certified ,
Unified Program Agency" (CUPA). The Alameda County Department of Environmental
Health (ACDEH) is the designated CUPA for the City and is the administrative agency that ,
coordinates and enforces numerous local, state, and federal hazardous materials
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management and environmental protection programs in the City. The CUPA administers
the following programs:
Hazardous Materials Business Plan Program —Chapter 6.95 of the Health and Safety Code
establishes minimum statewide standards for Hazardous Materials Business Plans (HMBP's).
HMBP's contain basic information on the location, type, quantity, and health risks of
hazardous materials and/or waste. Each business shall prepare a HMBP if that business
uses, handles, or stores a hazardous material and/or waste or an extremely hazardous
material in quantities greater than or equal to the following:
55 gallons for a liquid
500 pounds of a solid
200 cubic feet for any compressed gas
Hazardous Waste Generator Program -The Hazardous Waste Generator Program
regulates businesses that generate any amount of a hazardous waste. Proper handling,
recycling, treating, storing and disposing of hazardous waste are key elements to this
program.
Underground Storage Tank Program - The UST program regulates the construction,
operation, repair and removals of UST systems used to store hazardous materials and/or
waste.
California Accidental Release Program - The California Accidental Release Program (Cal
ARP) requires any business that handles more than threshold quantities of an extremely
hazardous substance to develop a Risk Management Plan (RMP). The RMP is implemented
by the business to prevent or mitigate releases of regulated substances that could have off-
, site consequences through hazard identification, planning, source reduction, maintenance,
training, and engineering controls.
' Tiered Permitting Program - The Tiered Permitting Program regulates the onsite treatment
of hazardous waste.
Aboveground Storage Tank Program - Facilities with a single tank or cumulative
aboveground storage capacities of 1,320 gallons or greater of petroleum-based liquid
product (gasoline, diesel, lubricants, etc.) must develop a Spill Prevention Control and
Countermeasure plan (SPCC).
An SPCC plan must be prepared in accordance with the oil pollution prevention guidelines
in the Federal Code of Regulations (40 CFR, 1 12). This plan must include procedures,
methods, and equipment at the facility to prevent discharges of petroleum from reaching
navigable waters. A Registered Professional Engineer must certify an SPCC plan and a
complete copy of the plan must be maintained on site.
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Hazards and Hazardous Materials
Local
Alameda County Department of Environmental Health (ACDEH)
The ACDEH is the administrative agency that coordinates and enforces numerous local,
state, and federal hazardous materials management and environmental protection programs
in the County. As the CUPA, the County administers the following programs:
• Hazardous Materials Business Plan Program
• Hazardous Waste Generator Program
• Underground Storage Tank Program
• California Accidental Release Program
• Tiered Permitting Program
• Aboveground Storage Tank Program
• Survey and inspection of waste tire facilities using a grant from the CalRecycle.
City of Dublin General Plan
The Seismic Safety and Safety Element of the City of Dublin Genera/Plan (General Plan)
includes the following policies pertaining to hazards and hazardous materials at the project
site:
8.3.4.l A.• Guiding Policies
I. Maintain and enhance the ability to regulate the use, transport, and storage of
hazardous materials and to quickly identify substances and take appropriate action
during emergencies.
2. Minimize the risk of exposure to hazardous materials from contaminated sites. ,
8.3.4.l B.• Implementing Policies
I. Consider formation of a regional hazardous materials team consisting of specially ,
trained personnel from all Tri-Valley public safety agencies.
2. As part of the City's Comprehensive Emergency Response Plan, the City has
adopted a Hazardous Materials Response Plan. The City will periodically review the
Plan to prepare for and respond to emergencies related to hazardous materials.
3. Periodically review and enforce the City's ordinances regulating the handling, '
transport, and storage of hazardous materials and hazardous waste.
4. Require site-specific hazardous materials studies for new development projects
where there is a potential for the presence of hazardous materials from previous
uses on the site. If hazardous materials are found, require the clean-up of sites to
acceptable regulatory standards prior to development.
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1
City of Dublin Zoning Code
Chapter 8.60, Hazardous Waste Facilities Location Procedure, regulates hazardous waste
facilities in the City of Dublin. The purpose of Chapter 8.60 is to establish uniform
standards, land use regulations, and a permit process for controlling the location, design,
maintenance and safety of off-site hazardous waste facilities. These standards, regulations
and process are intended to be consistent with Article 8.7 of the California Health and
1 Safety Code, applicable portions of the Alameda County Hazardous Waste Management
Plan, and the City of Dublin General Plan.
City of Dublin Wildfire Management Plan
The purpose of the City of Dublin Wildfire Management Plan is to reduce the risk of open
land wildfire to the lowest practical level consistent with the reasonable protection of
1 wildlife habitat and other open space values. The Wildfire Management Plan was adopted
by the City of Dublin in 1996 and amended in 2001 and revised in 2002. The Wildfire
Management Plan provides for development of. a Fire Buffer Zone between open
space/undeveloped lands and developed properties.
Impacts and Mitigation Measures
Methodology
This section is based on the Phase I ESA prepared for the project site and included as
Appendix E of this Draft EIR.
Criteria for Determining Significance
In accordance with CEQA, State CEQA Guidelines, agency and professional standards, a
project impact would be considered significant if the project would:
1 . Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials;
Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment;
Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within 0.25 mile of an existing or proposed school;
Be located on a site that is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would create a
significant hazard to the public or the environment;
For a project located within an airport land use plan or, where such a plan has not
been adopted, within 2 miles of a public airport or public use airport, result in a
safety hazard for people residing or working in the project area;
For a project within the vicinity of a private airstrip, result in a safety hazard for
people residing or working in the project area;
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Hazards and Hazardous Materials
• Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan; and/or '
• Expose people or structures to a significant risk of loss, injury, or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands.
Potential for Airport Hazards
The closest airport/airstrip to the project site is the Livermore Municipal Airport which is
located approximately 5.8 miles to the east. Furthermore, according to the Livermore
Municipa/Airport Master Plan, the project site is not located within the approach zones and
is not located within an unacceptable noise contour. Therefore, the proposed project
would not result in a safety hazard for any people residing or working in the area, which
would be considered no impact. ,
Potential for Wildfire Hazards
Wildfire impacts may be considered significant if the proposed project would expose ,
people or structures to a significant risk, loss, injury or death involving wildfires, including
where wildlands are located adjacent to urban areas or where residences are intermixed
with wildlands. As the project site is located in an urban area in the central portion of the '
City and is surrounded by existing development, it is not subject to potential wildfire
hazards and the proposed project would therefore have no impact in this regard.
Government Code Section 65962.5
The project site is not listed on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5. Therefore, no impact would result in this regard.
Routine Transport, Use, and/or Disposal of Hazardous Materials ,
Impact 3.6-1 The proposed project would not create a significant hazard to the
public or the environment through the routine transport, use, or
disposal of hazardous materials as implementation of existing federal,
state and local standards and regulations would ensure that the
proposed project would have a less than significant impact.
The proposed project involves the demolition of existing commercial structures and the
construction of residential and office uses. Based on age of the existing structures
(constructed between 1978 and 198 1) located at the project site, ACMs and LBPs are not
anticipated to be associated with on-site building materials. Furthermore, long-term
operations associated with proposed residential uses would not involve the routine
transport, use, or disposal of substantial quantities of hazardous materials. Proposed office
uses (such as medical office or laboratory/research operations) could store, handle, and/or
transport hazardous materials. If this is the case, these businesses would be required to
procure business plans and adhere to strict procedures enforced by the ACDEH. Thus,
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Hazards and Hazardous Materials
implementation of the existing federal, state, and local standards and regulations,
' implementation of the proposed project would result in less than significant impact.
Handle/Emit Hazardous Materials in the Vicinity of a School
Impact 3.6-2 Residential uses at the project site are not anticipated to handle/emit
hazardous materials in the vicinity of a school. Future commercial
uses would be required to comply with existing federal, state and
local standards and regulations if minor amounts of hazardous
materials are used on-site. Therefore, the proposed project would
1 result in a less than significant impact pertaining to the handling of
hazardous materials in the vicinity of a school.
The nearest school to the project site is the Little Kids Learning Center (located at 11760
Dublin Boulevard approximately 0.08 mile northwest of the project site). Construction
activities are not anticipated to include the handling of regulated quantities of hazardous
1 materials. Regulated hazardous materials are not typically associated with residential uses.
Minor amounts of hazardous materials may be handled/stored/used on-site within the
proposed office building. However, these businesses would be required to procure
1 business plans and adhere to strict procedures enforced by the ACDEH. Thus, with
implementation of the existing federal, state, and local standards and regulations, the
proposed project would result in a less than significant impact pertaining to the handling of
hazardous substances, if any, within a quarter mile of a school site.
Interfere with an Emergency Response Plan/Emergency Evacuation Plan
Impact 3.6-3: The proposed project would result in a decrease in vehicle trips to the
project site and therefore would not obstruct or impair the operation of
1 major streets in the project vicinity including Dublin Boulevard and San
Ramon Road. In addition, the proposed project would be required to
comply with the City of Dublin emergency evacuation routes and
1 emergency access at the project site. Therefore, the proposed project
would have a less than significant impact on emergency response plans and
evacuation routes.
The project site is currently accessed at two driveways along Donlon Way. With
implementation of the proposed project, the project site would continue to be accessed
from Donlon Way. Project operations would also result in a net decrease in persons at
the project site and vehicle trips accessing the project site. The proposed project would
not obstruct or impair operation of major streets in the vicinity, including Dublin Boulevard
and San Ramon Road. Therefore, implementation of the proposed project would not
physically interfere with an emergency response plan or emergency evacuation plan
through the City. In addition, the proposed project would be required to comply with the
City of Dublin emergency evacuation routes and emergency access at the project site.
Therefore, the proposed project would have a less than significant impact on emergency
response plans and evacuation plans.
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Hazards and Hazardous Materials
Accidental Conditions During Construction
Impact 3.6-4: Construction activities at the project site may result in accidental
conditions as a result of potentially contaminated groundwater
underlying the project site. This is a potentially significant impact ,
However, with implementation of the recommended mitigation, this
potentially significant impact would be reduced to less than
significant levels.
One of the means through which human exposure to hazardous substances could occur is
through accidental release, particularly during construction/site disturbance activities.
Construction equipment may result in petroleum-based fuel spills. The level of risk
associated with this type of spill is not considered significant due to the small volume and
low concentration of hazardous materials utilized during the construction phases. The
project contractor would be required to use standard construction controls and safety
procedures that would avoid and minimize the potential for accidental release of such
substances into the environment in the event of a spill. Standard construction practices
would be observed such that any materials released would be appropriately contained and
remediated as required by local, state, and federal law, as identified above.
Human exposure of contaminated groundwater can also have potential health effects on a
variety of factors, including the nature of the contaminant and the degree of exposure.
Based on the Phase I ESA, potentially contaminated groundwater may underlie the project
site as a result of past release from USTs at Heritage Paris. Construction workers could be
exposed to hazardous substances during grading/excavation activities, should groundwater
be encountered. This is a potentially significant impact. 1
With implementation of the following mitigation measure, this impact would be reduced to
a less than significant level.
Mitigation Measure
MM 3.6-4 Review Files for the former Dublin Square Shopping Center and Prepare a r
WonkerSafetyPlaa Priorto issuance of a grading permit, an environmental
consultant with Phase II/site characterization experience shall review the
existing files maintained by the Department of Toxic Substances and
Control, the Regional Water Quality Control Board, and the Alameda
County Department of Environmental Health for the Heritage Park site and
prepare a worker safety plan to ensure constriction worker safety during
grading/excavation activities.
Accidental Conditions During Operation
Impact 3.6-5: During operation of the proposed project, there is the potential for the '
residential uses to be exposed to hazardous vapors as a result of
contaminated groundwater in the vicinity of the project site. This is a
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Heritage Park Draft EIR
Hazards and Hazardous Materials
potentially significant impact. With implementation of the recommended
' mitigation,this impact would be reduced to less than significant levels.
Implementation of the proposed project would result in the construction of residential and
office uses at the project site. Long-term operations would not involve the routine
transport, use, or disposal of any regulated hazardous materials (other than those typical of
office uses). However, proposed residential uses could be exposed to hazardous vapor
conditions as a result of potentially contaminated groundwater in the vicinity.
Based on the Phase I ESA, a release of hazardous materials to the groundwater has not yet
received case closure from the appropriate regulatory agency at the Heritage Park site.
The project site is also located adjacent to an existing Shell gasoline station (adjoining the
project site to the northeast). Although this gas station has received case closure by the
SWRCB for former releases to groundwater, this case closure was obtained assuming
commercial uses at the project site. Based on available files maintained by the SWRCB,this
site includes land use restrictions for commercial uses (no residential uses allowed),
indicating that some residual contamination may still be present (SWRCB 2013). With
these considerations, there is a potential for vapor encroachment onto the project site
from this off-site use as well. The intrusion of subsurface vapors into buildings is one of
many exposure pathways that must be considered in assessing the risk posed by releases of
hazardous chemicals into the environment. Based on the moderate potential for
' contaminated groundwater underlying the project site and adjoining gasoline station uses,
vapor intrusion into proposed structures could occur. This is a potentially significant
impact.
With implementation of Mitigation Measure 3.65, impacts to persons at the project site as
a result of vapor intrusion would be reduced to less than significant levels.
Mitigation Measure
MM 3.6-5 Conduct a Vapor Intrusion Investigation. Prior to issuance of building
1 permits, vapor intrusion investigations shall be conducted by a qualified
Environmental Professional, in consultation with the Alameda County
Department of Environmental Health (ACDEH) or other appropriate
agency if applicable. Should the environmental professional determine that
proposed buildings could be impacted by vapor intrusion, the Environmental
Professional shall recommend specific design measures to be incorporated
into the building design that would reduce these indoor air quality
concentrations to below applicable regulatory thresholds.
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Hydrology and Water Quality
3.7 Hydrology and Water Quality
This section of the Draft EIR discusses the hydrologic and water quality setting of the
proposed project and surrounding area. This section also evaluates the potential impacts
that the proposed project will have on water resources. The discussion of hydrology and
water quality issues within the proposed project area was based on a technical
memorandum prepared by Carlson, Barbee & Gibson, Inc. in November 2013. The
technical memorandum is included as Appendix F.
Environmental Setting
Regional Setting
The climate of the Livermore-Amador Valley is characterized as Mediterranean, with cool
1 wet winters and warm dry summers. The average annual temperature of the area ranges
from a low of 42 degrees (Fahrenheit) to a high of 73 degrees. The mean annual rainfall in
project vicinity is approximately 17 inches (the majority of which falls between October
1 and April). Analysis of long-term precipitation records indicates that wetter and drier
cycles lasting several years are common in the region. Severe, damaging rainstorms occur
at a frequency of about once every three years.
Surface Water
The project site is located in the City of Dublin, within the western portion of the
Livermore-Amador Valley hydrologic region. The project site is relatively flat, with on-site
elevations ranging from approximately 375 feet above mean sea level (msl) in the western
portion of the project site to 365 feet above msl in the eastern portion of the project site.
Surface water generally flows from west to east.
In an undeveloped setting, when rainfall intensities exceed the infiltration capacity of surface
i soils, run-off flows over the ground surfaces toward established natural drainage channels.
Stormwater runoff is then conveyed away from the area in creeks and streams. In a
developed setting, an increased portion of the natural soils would be covered with
' impervious surfaces (i.e. roads, driveways, and roofs), increasing amounts and altering flow
patterns of runoff.
In developed portions of the City of Dublin, storm drainage is conveyed in underground
pipes, channels, and to a lesser extent, swales. New development is required to install
adequately-sized storrn drains, connected to the City's system, to accommodate increased
' runoff volumes. Stormwater drainage is managed by the City of Dublin Public Works
Department and all runoff in the vicinity is directed to regional storm drain facilities owned
and maintained by Zone 7 of the Alameda County Flood Control and Water Conservation
District (Zone 7).
Reservoirs/Dams
There are 29 reservoirs/dams in Alameda County. The following reservoirs are located
within 12 miles of the proposed project:
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Heritage Park Draft EIR
Hydrology and Water Quality
• Don Castro Reservoir is located approximately 9 miles to the east of the proposed
project in Hayward. It is maintained by the Alameda County Flood Control and
Water Conservation District for flood control, and by the East Bay Regional Park
District as a recreational facility.
• Lake Chabot Reservoir is located approximately nine miles west of the project area.
It was completed in 1875 by damming San Lorenzo creek and served as the
primary water source for the East Bay Area.
• The Upper San Leandro Reservoir is located approximately 13 miles northwest of
the project area. It was built by the East Bay Water Company in 1926 and is
maintained by the East Bay Municipal Utility District. '
• The San Antonio Reservoir is located approximately 13 miles south-southeast of
the project area. Built in 1964 by the City and County of San Francisco, it is ,
managed by the San Francisco Public Utilities Commission (SFPUC). The reservoir
captures local rain and runoff from the Alameda Watershed and contributes surface
water supplies to the SFPUC Water System.
• Lake de Valle is located approximately 14 miles southeast of the project area. De
Valle Dam and Lake de Valle were built in 1968 as part of the State Water Project.
It provides storage for the South Bay Aqueduct and flood control for Alameda
Creek. The East Bay Regional Park District manages the Lake de Valle Regional
Park, which is also a designated State Recreation Area.
Groundwater Basin
The proposed project is located within the Livermore Valley Groundwater Basin, which ,
contains a surface area of approximately 109 square miles. The Livermore Valley
Groundwater Basin lies approximately 40 miles east of San Francisco and 30 miles
southwest of Stockton, within a structural trough of the Diablo Range. The Livermore
Valley Groundwater Basin extends from the Pleasanton Ridge east to the Altamont Hills
(about 14 miles) and from the Livermore Upland north to the Orinda Upland (about three
miles). Surface drainage features include Arroyo Valley, Arroyo Mocho, and Arroyo las
Positas as principal streams, with Alamo Creek, South San Ramon Creek, and Tassajara
Creek as minor streams. All streams converge on the west side of the basin to form
Arroyo de la Laguna, which flows south and joins Alameda Creek in Sunol Valley, and
ultimately draining to the San Francisco Bay. Some geologic structures restrict the lateral
movement of groundwater, but the general groundwater gradient is from east to west,
towards Arroyo de la Laguna and from north to south along South San Ramon Creek and
Arroyo de la Laguna. Elevations within the basin range from about 600 feet in the east,
near the Altamont Hills, to about 280 feet in the southwest, where Arroyo de la Laguna
flows into Sunol Groundwater Basin.
The entire floor of the Livermore Valley and portions of the upland areas on all sides of the
valley overlie groundwater bearing materials. The materials are mostly continental deposits
from alluvial fans, outwash plains, and lakes. They include valley-fill materials, the Livermore ,
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Formation and the Tassajara Formation. Under most conditions, the valley fill and
Livermore Formation yield adequate to large quantities of groundwater to all types of wells,
with the larger supply wells being located in the Main Basin. The Main Basin is composed of
Castle, Bernal, Amador, and Mocho sub-basins.
' Groundwater Quantity
The groundwater resources in the Livermore Valley Groundwater Basin are managed by
Zone 7, under authority from California Water Code Section 30000 (County Water
District). Zone 7 routinely monitors groundwater within the Main Basin. Two
independent methods are used to estimate groundwater storage: 1) Hydrologic Inventory;
and 2) Nodal Groundwater Elevation. The Main Basin is estimated to have a total storage
capacity of which approximately 126,000 acre feet are available for Zone 7 operational
storage. Zone 7's goal is to maintain 128,000 acre feet of groundwater in storage at all
times. The natural sustainable yield of the Main Basin is approximately 13,400 acre feet per
year, which is ten to I I percent of the total estimated useable groundwater storage. Based
on the sustainable yield value, the retailers within Zone 7 including the Dublin San Ramon
Services District (DSRSD) are permitted to pump 7,245 acre feet of water per year. Each
retailer has an established "Groundwater Pumping Quota" (GPQ). Zone 7 pumps
DSRSD's GPQ.
Zone 7 pumps only water that has been previously recharged as part of its artificial
recharge program using its surface water supplies. During high demands, groundwater is
used to supplement surface water delivered via the South Bay Aqueduct (SBA) and treated
at one of the Zone 7's two surface water treatment facilities. Groundwater is also used
when the SBA is out of service due to maintenance and improvements or when Zone 7's
surface water treatment plants are operating under reduced capacity due to construction
repairs, etc.
Finally, Zone 7 uses its stored groundwater (both local and non-local) under emergency or
drought conditions when there may be insufficient water supply available. Zone 7 also
pumps groundwater out of the Main Basin during normal water years to help reduce salt
loading in the Main Basin. To achieve additional salt removal, a demineralization facility has
been in operation since 2009. Zone 7 plans to recharge 9,200 acre feet per year on
average, which means that Zone 7 can pump an equivalent of 9,200 acre feet per year on
average from the Main Basin.
Groundwater Quality
The Main Basin is characterized by relatively good quality groundwater that meets all state
and federal drinking water standards. However, there has been a slow degradation of
groundwater quality as evidenced by rising Total Dissolved Solids (TDS) and hardness
levels over the last few decades. To address this problem, Zone 7 developed a Salt
Management Plan (SMP), which was approved by the Regional Water Quality Control
Board (RWQCB) as a condition of the Master Waste Reuse Permit and incorporated into
Zone 7's Groundwater Management Plan in 2005.
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Hydrology and Water Quality
Zone 7 implements a wastewater and recycled water monitoring program as part of the
Groundwater Management Plan. In 2009, 20 percent of the recycled water produced in the
service area was applied over the Main Basin. Nitrates and salinity have historically been the
primary water quality parameters of concern in recycled water, but nitrates have become
less of a concern since 1995 when the City of Livermore, which along with DSRSD '
stopped nitrifying is effluent. In addition to recycled water application over the Main Basin,
there are also approximately eighty septic tanks over the Main Basin that discharge their
settled effluent but their use is not monitored.
To further manage the quality of water in the Main Basin, Zone 7 also runs a Toxic Site
Surveillance Program documenting and tracking sites across the groundwater basin that '
pose a potential threat to drinking water supplies.
As part of its efforts to address salinity in the Main Basin, Zone 7 completed construction ,
of a wellhead demineralization facility in 2009. Employing a reverse osmosis membrane-
based treatment system, this facility allows for the removal and export of concentrated
minerals or salts from the Main Basin and the delivery of treated water with reduced TDS ,
and hardness levels to Zone Ts customers.
Water Qualitx
The quality of surface and groundwater at the proposed project area is affected by land
uses within the entire watershed. Drainage from the project site affects the quality of
water in Dublin Creek and San Francisco Bay. Water quality in surface and groundwater
bodies is regulated primarily by the State and Regional Water Quality Control Boards
(discussed below).
Project Site Setting
The project site is 6.6 acres and is covered with impervious surfaces (e.g. buildings and
parking lots). The existing improvements are located approximately three and five feet
below Donlon Way and generally slope from west to east. There is an existing storm drain
system on-site, which collects the local drainage from the roofs and parking lot and conveys
it to a 24 inch pipe located in the southeastern portion of the project site. This existing 24-
inch pipe ultimately conveys the stormwater to a concrete line drainage channel located
within Caltrans right-of-way between the southern property line and Interstate 580. The
existing flow rate at the project site is 13.4 cubic feet per second (Carlson, Barbee &
Gibson, Inc. 1 1/2413).
Flooding '
According to the Flood Insurance Rate Maps prepared by FEMA (Panel 06001 C0304G and
Panel 06001 C0308G), portions of the project site are located within the boundaries of the
500-year flood zone (see Figure 3.7-1: FEMA Flood Zones). A 100-year flood zone is
located adjacent to but entirely outside of the project boundary along Dublin Creek.
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Regulatory Setting
Federal
Clean Water Act
' The principal law governing pollution of the nation's surface waters is the Federal Water
Pollution Control Act (Clean Water Act [CWA]). Originally enacted in 1948, it was
amended in 1972 and has remained substantially the same since. The CWA consists of
two major parts: provisions that authorize federal financial assistance for municipal sewage
treatment plant construction and regulatory requirements that apply to industrial and
municipal dischargers. The CWA authorizes the establishment of effluent standards on an
' industry basis. The CWA also requires states to adopt water quality standards that "consist
of the designated uses of the navigable waters involved and the water quality criteria for
1 such waters based upon such uses".
National Pollutant Discharge Elimination System
To achieve its objectives, the CWA is based on the concept that all discharges into the
nation's waters are unlawful, unless specifically authorized by a permit. The National
Pollutant Discharge Elimination System (NPDES) is the permitting program for discharge of
pollutants into surface waters of the United States under Section 402 of the CWA. Thus,
industrial and municipal dischargers (point source discharges) must obtain NPDES permits
from the appropriate RWQCB (i.e., the Central Valley region). The existing NPDES (Phase
1) stormwater program requires municipalities serving more than 1,000,000 persons to
obtain a NPDES stormwater permit for any construction project larger than five acres.
Proposed NPDES storrnwater regulations (Phase II) expand this existing national program
' to smaller municipalities with populations of 10,000 persons or more and construction sites
that disturb more than one acre. For other dischargers, such as those affecting
groundwater or from non-point sources, a Report of Waste Discharge must be filed with
the RWQCB. For specified situations, some permits may be waived and some discharge
activities may be handled through being included in an existing General Permit.
' Construction activity includes any clearing, grading, stockpiling, or excavation that results in
soil disturbances of one acre of total land area or more. Construction activities disturbing
less than one acre are still subject to this permit if the activity is part of a large common
' plan of development or if significant water quality impairment will result from the activity.
The General Permit requires all dischargers whose construction activity disturbs one acre
' or more to:
• Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that
specifies Best Management Practices (BMPs) to prevent all construction pollutants
' from contacting stormwater and with the intent of keeping all products of erosion
from moving off-site into receiving waters; and,
1
• Eliminate or reduce non-storrnwater discharge to storm sewer systems and other
waters of the United States; and inspect all BMPs.
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Impaired Waterbodies
CWA Section 303(d) and Califomia's Porter-Cologne Water Quality Control Act
(described below) require the State to establish the beneficial uses of its State waters and
to adopt water quality standards to protect those beneficial uses. Section 303(d)
establishes a total maximum daily load (TMDL), which is the maximum quantity of a
particular contaminant that a water body can maintain without experiencing adverse effects,
to guide the application of State water quality standards. Section 303(d) also requires the
State to identify "impaired" streams (water bodies affected by the presence of pollutants or
contaminants) and to establish the TMDL for each stream.
Federal Flood Insurance Program I
Congress passed the National Flood Insurance Program (NFIP) Act of 1968 and the Flood
Disaster Protection Act of 1973. The intent of these acts is to reduce the need for large ,
publicly funded flood control structures and disaster relief by restricting development on
floodplains. FEMA administers the NFIP to provide subsidized flood insurance to
communities that comply with FEMA regulations limiting development on floodplains. '
FEMA issues FIRMs for communities participating in the NFIP. FIRMs delineate flood hazard
zones in the community.
A Special Flood Hazard Area (SFHA) is an area within a floodplain having a one percent or
greater chance of flood occurrence within any given year (commonly referred to as the
100 year flood zone). SFHAs are delineated on flood hazard boundary maps issued by
FEMA. The Flood Disaster Protection Act of 1973 and the National Flood Insurance
Reform Act of 1994 make flood insurance mandatory for most properties in SFHAs.
For any changes within the 100-year flood zone, a Conditional Letter of Map Revision
(CLOMR) would need to be prepared. A CLOMR is FEMA's comment on the proposed
project that would, upon construction, affect the hydrologic or hydraulic characteristics of a ,
flooding source and thus result in the modification of the existing regulatory floodway, the
effective Base Flood Elevations (BFE) or the SFHA.
State ,
Porter-Cologne Water Quality Control Act '
The Porter-Cologne Water Quality Control Act acts in cooperation with the CWA to
establish the Surface Water Resources Water Control Board (SWRCB). The SWRCB is
divided into nine regions, each overseen by a RWQCB. The SWRCB, and thus each '
RWQCB, is responsible for protecting Califomia's surface waters and groundwater supplies.
The Porter-Cologne Water Quality Control Act develops Basin Plans that designate the
beneficial uses of Califomia's Hvers and groundwater basins. The Basin Plans also establish
narrative and numerical water quality objectives for those waters. Basin Plans are updated
every three years and provide the basis of determining waste discharge requirements,
taking enforcement actions, and evaluating clean water grant proposals. The Porter-
Cologne Water Quality Control Act is also responsible for implementing CWA Sections
401-402 and 303(d) to SWRCB and RWQCBs.
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Hydrology and Water Quality
Regional Water Quality Control Board, San Francisco Bay Region
The San Francisco Bay Regional Water Quality Control Board (RWQCB) regulates surface
water and groundwater quality in San Francisco Bay, including the City of Dublin. The area
under the RWQCB's jurisdiction comprises all of the San Francisco Bay segments extending
to the mouth of the Sacramento-San Joaquin Delta (Winter Island near Pittsburg). In its
efforts to protect surface waters and groundwaters of the San Francisco region, the
RWQCB addresses region wide water quality concerns through the creation and triennial
update of a Water Qua lity Control Plan for the San Francisco Bay Basin (Basin Plan, 201 1)
and adopts, monitors compliance with, and enforces waste discharge requirements and
NPDES permits.
The RWQCB's overall mission is to protect surface waters and groundwater in the Region.
The Water Board carries out its mission by:
Addressing Region-wide water quality concerns through the creation and triennial
Updating a Water Quality Control Plan (Basin Plan);
Preparing new or revised policies addressing Region-wide water quality concerns;
Adopting, monitoring compliance with, and enforcing waste discharge requirements
and National Pollutant Discharge Elimination System (NPDES) permits;
Providing recommendations to the State Water Board on financial assistance
programs, proposals for water diversion, budget development, and other statewide
programs and policies;
' . Coordinating with other public agencies that are concerned with water quality
control; and
Informing and involving the public on water quality issues.
Stormwater Pollution Prevention Plan (SWPPP
The SWPPP has two major objectives: 1) to help identify the sources of sediment and
other pollutants that affect the quality of storm water discharges, and 2) to describe and
ensure the implementation of BMPs to reduce or eliminate sediment and other pollutants
in both stormwater and in non-stormwater discharges.
BMPs include activities, practices, maintenance procedures, and other management
practices that reduce or eliminate pollutants in stormwater discharges and authorized non-
stormwater discharges. BMPs include treatment requirements, operation procedures, and
practices to control site runoff, spillage, leaks, waste disposal, and drainage from raw
materials storage. BMP implementation must take into account changing weather
conditions and construction activities, and various combinations of BMPs may be used over
the life of the project to maintain compliance with the CWA. The General NPDES Permit
gives the owner the discretion to determine the most economical, effective, and innovative
BMPs to achieve the performance-based goals of the General NPDES Permit.
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There are two categories of BMPs: structural and non-structural. Structural BMPs are the
specific construction, modification, operation, maintenance, or monitoring of facilities that
would minimize the introduction of pollutants into the drainage system, or would remove
pollutants from the drainage system. Non-structural BMPs are activities, programs, and
other nonphysical measures that help reduce pollutants from non-point sources to the
drainage system. In general, nonstructural BMPs are source control measures.
The issue of pollution in stormwater and urban runoff has been recognized by both federal
and state agencies, and there has been a growing concern regarding activities that discharge
water affecting California's surface water, coastal waters, and groundwater. Discharges of
water are classified as either point source or non-point source discharges. A point source '
discharge usually refers to waste emanating from a single, identifiable point. Regulated
point sources include municipal wastewater, oil field wastewater, winery discharges, solid '
waste sites, and other industrial discharges. Point source discharge must be actively
managed to protect the state's waters. A non-point source discharge usually is a waste
emanating from diffused locations. As a result, specific sources of non-point source '
pollution may be difficult to identify, treat, or regulate. The goal is to reduce the adverse
impact of non-point source discharges on water resources through better management of
these activities. Non-point sources include drainage and percolation from a variety of
activities such as agriculture, forestry, recreation, and storm runoff with the latter being the
most common in the Dublin area.
Local
City of Dublin General Plan
The following policies in the City of Dublin General Plan are applicable to hydrology and
water quality.
Environmental Resources Management- Conservation Element
7.2: Guiding Policy A: Maintain natural hydrologic systems.
7.2: Guiding Policy B: Regulate grading and development on steep slopes.
7.2: Implementing Policy C: Enact and enforce erosion and sedimentation ordinance
establishing performance standards in relation to maintenance of water quality and
protection of stream courses.
7.2: Implementing Policy D: Enact ordinance requiring on-site runoff control.
7.2: Implementing Policy E: Review development proposals to insure site design that
minimizes soil erosion and volume and velocity of surface runoff.
7.2: Implementing Policy F: Restrict development on slopes of over 30 percent.
7.2: Implementing Policy G: Development projects shall comply with the requirements of
the Urban Runoff Program.
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Alameda County Flood Control and Water Conservation District Zone 7,Water Agency
Stream Management Master Plan
For the past 40 years, stormwater has been conveyed primarily on channelized arroyos,
many of them concrete, to convey storrnwater through the area as quickly as possible. In
2006, Zone 7 released the Final Stream Management Master Plan (Zone 7, 2006), which
articulates a vision over the next three decades to create a flood-protection program that
relies largely on using a future "chain of lakes," a series of mined-out gravel pits between
Livermore and Pleasanton, to detain stormwater in the Valley. The stored water would be
released downstream only after storms pass through the area — meaning arroyos can be
kept in a more natural state than under the channelization method.
Not only significantly less expensive when it comes to flood control, this technical approach
also affords opportunities to: improve the water supply through groundwater recharge,
' enhance arroyo water quality and habitat, increase the connectivity of trails and recreational
opportunities in the Valley, and promote public understanding of watersheds of through
educational programs.
Of the 45 conceptual projects identified in the Stream Management Master Plan, ten would
' remove or modify fish-passage barriers in Arroyo Mocho, Arroyo del Valle and Arroyo de
la Laguna. Others would restore natural stream flows, replace plants with native types,
stabilize stream banks, create wetlands and other habitat for sensitive species, and install
trails and educational kiosks near Valley arroyos.
Alameda Countywide Clean Water Program
' The City of Dublin is a co-permittee of the Alameda Countywide Clean Water Program
which was started in 1991. This local government and community Program educates the
public on how to keep businesses and homes from contributing to stormwater pollution,
and also coordinates its activities with other pollution prevention programs, such as
wastewater treatment plants, hazardous waste disposal, and water recycling.
' 3.8.3 Relevant Project Characteristics
As shown in Figure 2-9: Preliminary Storm Water Management Plan and described in Table
3.7-1: Pre- and Post- 10-Year Stormwater Flows, the project site is divided into two
drainage areas. These drainage areas will be maintained with the proposed improvements.
Drainage Area I is 0.9 acres and it made up of the existing church and restaurant buildings.
The total flow generated by Area I was estimated to be 1.7 cubic feet per second (cfs)
(Carlson, Barbee Gibson, 1 1/24/13). Total post development flow was estimated to be 3.4
cfs, for a net increase of 1.7 cfs. Area I discharges into an existing 27" storm drain main
' located in Dublin Boulevard, which has a full flow capacity of 17.0 cfs.
At present, it is not known yet if there is sufficient capacity in this 27" storm drain to
accommodate the additional flow. The project applicant plans to conduct a more details
analysis as part of final design to determine if there is sufficient capacity in the existing storm
drain main. If not, a portion of the runoff generated by Area I would be detained within a
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planned bioretention area to ensure that post development flows do not exceed pre-
development flows off site.
Drainage Area 2 is 7.1 acres and includes the existing office buildings and parking lots. The
total flow generated by Area 2 was estimated to be 11.7 cfs. Stormwater from Area 2
would be retained in one of two bio-retention ponds before being discharged into an
existing 24" storm drain pipe, located in the southeast comer of the site. This pipe
connects to an existing concrete lined channel (Dublin Creek) located within the Caltrans ,
right-of-way. The full flow capacity of the 24" outlet pipe was determined to be 12.4 cfs.
The total post-development flows generated by Area 2 was determined to be 8.5 cfs, or a
reduction of 3.2 cfs (Carlson, Barbee Gibson, 1 1/24/13).
Table 3.7-I: Pre-and Post- 10-Year Stormwater Flows
Pre-Stormwater Post-Stormwater '
Drainage Area Acres Flows(cfs) Flows(cfs) Net Change(cfs)
Area 1 0.9 1.7 3.4 1.7 ,
Area 2 7.1 11.7 8.5 (3.2)
Total 8.0 13.4 11.9 (1.5)
Source: Carlson,Barbee&Gibson, 1 1/24/13
Impacts and Mitigation Measures '
Criteria for Determining Significance
In accordance with the CEQA, State CEQA Guide lines, and agency and professional
standards, a project impact would be considered significant if the project would:
• Violate any water quality standards or waste discharge requirements; ,
• Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the production rate of pre- ,
existing nearby wells would drop to a level which would not support existing land
uses or planned uses for which permits have been granted;
• Substantially alter the existing drainage pattern of the site or area, including the '
alteration of the course of a stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site;
• Substantially alter the existing drainage pattern of the site or area, including through
the alteration of the course of a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in flooding on- or off-site; '
• Create or contribute runoff water which would exceed the capacity of existing or
planned Stormwater drainage systems or provide substantial additional sources of
polluted runoff;
• Otherwise substantially degrade water quality;
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•i
Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation
map;
• Place within a 100-year flood-hazards area structures which would impede or
redirect flood flows;
• Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam; and/or
• Inundation by seiche, tsunami, or mudflow.
Methodology
Impacts evaluated in this section were assessed based on previously published reports by
the Regional Water Quality Control Board, the California Department of Water Resources,
and information from the City of Dub/in Genera/ Plan, as well as a hydrology technical
memorandum prepared by Carlson, Barbee & Gibson, Inc. in November 2013.
' Impacts to surface and groundwater quality were analyzed by reviewing existing
groundwater and surface water quality reports that pertain to the project site; identifying
existing on-site ground and surface waters, and evaluating existing and potential sources of
water quality pollutants based on the types of land uses and operational activities that may
occur at the project site. Additionally, the applicability of federal and state regulations,
ordinances, and/or standards to surface and groundwater quality of the project site and
subsequent receiving waters was assessed.
' Project Impacts and Mitigation Measures
Inundation by Seiche, Tsunami, or Mudflow
The proposed project is located more than 14 miles from the shore of the San Francisco
' Bay and approximately 32 miles from the Pacific Ocean. In addition, there are no large
water bodies in the project vicinity. Therefore, the proposed project is not anticipated to
be affected by a tsunami or seiche. The project site and surrounding properties are also
' relatively flat and would not be subject to mudflows. Therefore, no impacts from seiche,
tsunami or mudflow are anticipated to occur.
Flooding Exposure/ Risk, Including the Failure of a Levee or Dam
According to the Association of Bay Area Governments (ABAG) Dam Failure Inundation
' Maps the project site is not located within the limits of potential inundation zone from a
catastrophic failure of the dam at Lake del Valle, which is located approximately 10.5 miles
southeast of the project site (ABAG 2013). In addition, the State Division of Safety of
' Dams under the authority of the Department of Water Resources inspects this and other
dams under its jurisdiction on an annual basis to confirm if each dam is safe, performing as
intended and is not developing problems. Roughly a third of these inspections each year
include in-depth instrumentation reviews of the dam surveillance network data.
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The Division also periodically reviews the stability of dams and their major appurtenances in
light of improved design approaches and requirements, as well as new findings regarding '
earthquake hazards and hydrologic estimates in California. Based on the continued dam-
safety compliance inspection conducted by the Division of Safety of Dams, the risk of
flooding from catastrophic dam failure is considered low. Therefore, the proposed project '
would not experience flooding from failure of a levee or dam and would have no impact in
this regard.
Place Housing or Structures Within a 100-Year Flood-Hazards Area Which Would Impede or
Redirect Flood Flows
According to the Flood Insurance Rate Maps prepared by FEMA (Panel 06001 C0304G and '
Panel 06001 C0308G), portions of the project site are located within the boundaries of the
500-year flood zone (see Figure 3.7-1: FEMA Flood Zones). Approximately 15,700 cubic '
yards of soil would be imported to the project site to elevate the grade on the north, east,
and west parts of the project site, which would modify the current boundaries of the 500-
year flood zone. ,
A 100-year flood zone is located adjacent to but entirely outside of the project boundary
along Dublin Creek. The proposed project would not modify any portion of this 100-year
flood zone.
Because the proposed project would not alter or otherwise affect the existing boundaries
of a 100-year flood zone, no impact would occur.
Violate Water Quality Standards or Waste Discharge Requirements '
Impact 3.7-1 Construction-related activities resulting from implementation of the
proposed project may result in the degradation of surface water
quality, which is considered a less than significant impact. ,
Implementation of the proposed project would require construction and grading activities.
During these activities, there will be the potential for surface water to carry sediment from ,
onsite erosion and small quantities of pollutants into the storm water system and local
waterways including Dublin Creek, which is located south of the project site. Soil erosion ,
may occur along project boundaries during construction in areas where temporary soil
storage is required. Small quantities of pollutants have the potential for entering the storm
drainage system, thereby potentially degrading water quality.
Construction of the proposed project would also require the use of gasoline and diesel
powered heavy equipment, such as bulldozers, backhoes, water pumps, and air
compressors. Chemicals such as gasoline, diesel fuel, lubricating oil, hydraulic oil, lubricating i
grease, automatic transmission fluid, paints, solvents, glues, and other substances will be
utilized during construction. An accidental release of any of these substances could degrade '
the water quality of the surface water runoff and add additional sources of pollution into
the drainage system.
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Implementation of the proposed project would result in an area of disturbance of more
than one acre. To assure implementation of the proposed project would not adversely
affect short-term water quality, the proposed project must comply with NPDES permit
requirements as defined under Section 402 of the Clean Water Act . This includes the
' preparation of a Storm Water Pollution Prevention Plan (SWPPP), which requires Best
Management Practices (BMPs) to control erosion, siltation, and contaminated runoff from
construction sites.
' BMPs for storm water quality treatment are classified as structural and nonstructural.
Structural measures may include bio-filters, wetlands, infiltration basins, or mechanical
structures designed to remove pollutants from storm water. Non-structural measures such
as street sweeping, public education, or hazardous substance recycling centers are
preventive measures intended to control the source of pollutants. Typical BMPs included
' in a NPDES permit include:
• Use of sand bags and temporary desiltation basins during project grading and
' construction during the rainy season (November through April) to prevent
discharge of sediment-laden runoff into storm water facilities;
'
• Installation of landscaping as soon as possible after completion of grading to reduce
sediment transport during storms;
• Hydroseeding of graded building pads if they are not built upon before the onset of
' the rainy season;
• Incorporation of structural BMPs (e.g., grease traps, debris, screens, continuous
' deflection separators, oil/water separators, drain inlet inserts) into the project design
to provide detention and filtering of contaminants in urban runoff from the
developed site prior to discharge to storm water facilities; and
' . Stenciling of catch basins and other publicly visible flood control facilities with the
phrase, "Don't Dump - Pollutes Our Creeks."
' Additionally, prior to construction grading, the project applicant must file a Notice of Intent
(NOI) to comply with the General Permit and prepare the SWPPP, which addresses the
measures that will be included in the project to minimize and control construction and
post-construction runoff to the "maximum extent practicable." Moreover, project grading
plans must conform to the drainage and erosion standards adopted by the City of Dublin
and are subject to approval of the City of Dublin. The SWPPP will also be reviewed by the
' Zone 7 Water Agency to ensure adequacy and appropriateness of BMPs.
Typical measures, or their equivalent, will be included in the SWPPP, which will be
implemented to prevent storm water pollution and minimize potential sedimentation
during construction.
Restrict grading to dry season (April through October) or use BMPs for wet season
erosion control;
' . Preclude non-storm water discharges to the storm water system;
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• Perform monitoring of discharges to the storm water system;
• Construction practices will include the use of stabilized construction entrances
and/or wash racks, street sweeping, use of erosion control devices, including damp
sweeping, straw bales and/or silt fences, and storm drain inlet protection to '
minimize contamination from storm water runoff;
• Provide temporary cover of disturbed surfaces to help erosion control during
construction; and '
• Provide permanent cover to stabilize the disturbed surfaces after construction has
been completed. '
Compliance with NPDES permit requirements, as well as the City of Dublin's drainage and
erosion standards, will ensure that this impact is less than significant impact and no
mitigation is required. '
Deplete Groundwater Supplies and Groundwater Recharge
Impact 3.7-2 The proposed project would not result in adverse impacts to the ,
amount of available groundwater available, degrade groundwater
quality, or decrease groundwater recharge in the project area. This '
is considered a less than significant impact
The water source for the proposed project would rely on surface water supplies from the '
Dublin San Ramon Services District (DSRSD), the purveyor of potable water in the City of
Dublin. DSRSD purchases wholesale water from Zone 7, who in turn purchases 70
percent of its water from the State Water Project (SWP). The remainder of the Zone 7 ,
water is from groundwater aquifers through the Livermore-Amador Valley.
As shown in Table 2-1: Existing and Proposed Water Demand, the proposed project '
would result in a reduction in the water demand as compared to the existing
commercial/office uses at the project site of 8,385 gallons per day (interior) and 18,281
gallons per day (exterior). In addition, the proposed project would increase the amount of '
pervious surfaces at the project site, which would increase the amount of groundwater
recharge within the project site. Because the proposed project would result in an overall
reduction in the amount of water use and increase the amount of pervious surfaces, the '
proposed project is not anticipated to deplete groundwater supplies and/or affect
groundwater recharge over existing conditions. Therefore, the proposed project would
have a less than significant impact on the groundwater basin. i
Substantially Alter Existing Drainage Patterns
As described in Table 3.7-1: Pre- and Post- I 0-Year Stormwater Flows, implementation of ,
the proposed project would decrease the net peak 10-year storm water flows from the
project site from 13.4 cfs to 1 1.9 cfs, for a net reduction of 1.5 cfs. All stormwater would '
be detained on-site in one of three bioretention basins before being discharged into
existing stormwater facilities. Because the post-development stormwater flows would be
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reduced and stormwater would flow into existing facilities, there would be no impact on
existing drainage patterns of the site or area.
wd C�/1"°"AnocwtftW Page 3-109
1
1
1
1
1
1
1
1
1
1
1
1
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it
Legend
' FEMA Flood Zone:500-Year Flood Zone
_ FEMA Flood Zone: 100-Year Flood Zone
Project Site Boundary
A i
Apo-
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t .1
Source:City of Dublin,RBF Consulting(2013)
Heritage Park EIR
' . . . 0 FEMA Flood Zones
CONSULTING
A Company Figure 3.7-1
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Heritage Park Draft EIR
Land Use and Planning
3.8 Land Use and Planning
This section of the Draft EIR examines the land use and planning impacts associated with
proposed project. Specifically, this section analyzes the change in land use characteristics;
analyzes potential conflicts between surrounding land uses, as well as the relationship of the
proposed land use changes to relevant planning policies that guide land use decisions.
Background information and analysis within this section is based on the Dub/in I///age
Historic Area Specific Plan, the City of Dublin General Plan, and the City of Dublin
Municipal Code.
Existing Conditions
Existing Land Uses
The topography of the project site is generally flat and is currently developed with a two-
story, 1 10,000 square foot wood frame office complex. The remainder of the project site
is comprised of surface parking and landscaping including several large and small diameter
trees. Existing conditions of the project site are shown in photographs in Figure 2-3a and
Figure 2-3b: Photographs of the Project Site.
Surrounding Land Uses
Surrounding land uses include the Dublin Heritage Park and Museums and a dog kennel to
the west; a church, restaurant, and gas station to the north; office space to the east across
San Ramon Road; and Interstate 580 to the south. Surrounding land uses are shown in
Figure 2-4: Surrounding Land Uses.
General Plan Designations
The City of Dublin General Plan (City of Dublin 20 10) identifies the general locations,
density and extent of land available for housing, business, industry, natural resources
protection, recreation, and other uses. The project site is designated Retail/Office. The
following land use designations surround the project site: Medium/High Density Residential
to the north; Retail/Office (RO) and Parks/Public Recreation (PPR) to the west; and
Retail/Office (RO) to the east. Existing land use designations are shown in Figure 3.8-1:
Existing General Plan Land Use Designations.
Zoning
According to the City of Dublin Zoning Map, the project site is zoned Planned
Development (PD). The zoning map of the project site is shown in Figure 3.8-2: Existing
Zoning Designations.
Dublin Village Historic Area Specific Plan
The project site is designated RO and zoned PD in the Dublin Vllage Hlstonc Area Specific
Plan, consistent with the current General and Zoning Designations..
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Relevant Project Characteristics
The proposed project includes a General Plan and Specific Plan amendment to change the
General Plan land use designation for the residential portion of the project site from
Retail/Office to Medium Density Residential.
Impacts and Mitigation Measures
Criteria for Determining Significance
The following thresholds of significance are based on Appendix G of the CEQA Guidelines,
as amended, with the exception of thresholds added to consider compatibility with
adjacent uses, and physical impacts on the environment from potential urban decay or
blight (often characterized by property abandonment and/or desolate urban landscapes).
For purposes of this EIR, implementation of the proposed project may have a significant
adverse land use and planning impact if it would result in any of the following:
• Change or intensify development within the project area that creates
incompatibilities with adjacent land uses
• Physical division of an established community
• Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to, the general plan, specific
plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect
• Conflict with any applicable habitat conservation plan or natural community
conservation plan
Conflict with Applicable Conservation Plans
The project site is developed and there are no habitat or natural community conservation
plans in the project area and therefore, no impacts would occur.
Create Land Use Incompatibilities or Physically Divide a Community
Impact 3.8-1: Implementation of the proposed project would redevelop the
project site from a commercial/office development to medium
density residential and commercial/office use. Because the site is
located within an urban setting with existing residential and
commercial uses, the proposed project is not anticipated to create
incompatibilities with adjacent land uses or physically divide an
established community. This is considered a less than significant
impact.
Land use incompatibility can occur where differences exist among uses that are near each
other. These incompatibilities may result from differences in the physical scale of
development, noise levels, traffic levels, hours of operation, and other factors.
►=/1 a meY-Ho,n
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Heritage Park Draft FIR
Land Use and Planning
The project site is an infill redevelopment site located adjacent to existing urban
development. Surrounding land uses include the Dublin Heritage Park and Museums and a
dog kennel to the west; a church, restaurant, and gas station to the north; office space to
the east across San Ramon Road; and Interstate 580 to the south.
The proposed project would be consistent with the design standards and guidelines in the
Dublin I///age Historic Area Specific Plan and would provide a development that
implements the overall vision for the Specific Plan area, which enhances the historic nature
of the area and provides pedestrian connections to surrounding uses, Therefore, the
proposed project would not create land use incompatibilities and/or physically divide a
community.
Conflict with Applicable Land Use Plans, Policies, or Regulations
Impact 3.8-2: Implementation of the proposed project would not conflict with goals and
policy of the City of Dublin Genera/ P lan, nor the City of Dub/in Municipal
Code. This is considered a less-than-significant impact.
For the proposed residential portion of the project site, the City of Dublin General P lan
and the Dublin I///age Historic Area Specific Plan will be amended to: I) Change the text
to reflect the new General Plan/Specific Plan designation from Retail/Office to Medium
Density Residential and 2) Change the General Plan Land Use Map and Specific Plan Land
Use Map from Retail/Office to Medium Density Residential for the residential portion of
the project site (see Figure 3.8-3: Proposed General Plan and Specific Plan Land Use Map).
The zoning designation would remain Planned Development; however, the zoning text
would be amended to include provisions and development regulations as they pertain to
the respective Retail/Office and Medium Density Residential portions of the project site.
With the adoption of the land use and zoning amendments, the proposed project would
be consistent with the City of Dublin General P lan.
The proposed project's consistency with the City of Dublin General Plan is discussed in
Table 3.8-1: City of Dublin General Plan Consistency Analysis. Consistency with policies
related to environmental effects are addressed in each technical section of the Draft EIR.
As demonstrated, the proposed project would not be in conflict with the applicable land
use policies of the City of Dublin General Plan. Therefore, this would be considered a less
than significant, and no mitigation is required.
�Z„and Associates.Inc.
Page 3-113
Heritage Park Draft EIR
Land Use and Planning
Table 3.8-1: City of Dublin General Plan Consistency Analysis
City of Dublin General Plan Consistency Analysis
Land Use Element
20 HousingAuailability
Implementing Policy B – Designate site available for Consistent. The proposed project would redevelop
residential development in the primary planning area the project site from commercial office to residential
for medium to medium high density where site and office uses. The proposed residential uses would
capability and access are suitable and where the be consistent with the surrounding residential uses
higher density would be compatible with existing to the north of the project site across Dublin
residential development nearby. Boulevard.
Circulation and Scenic Highways Element
5.3.l Primary and Extended Planning Areas
Implementing Policy 3 - Encourage higher densities Consistent. The project site is located approximately
and mixed use developments near major transit lines 0.42 miles from the West Dublin/Pleasanton BART
and transit transfer points as a means of encouraging Station. Additionally, the project site is located
the use of public transit. This type of transit- within walking distance (less than 0.4-mile) of
oriented development is especially encouraged near Wheels Bus Routes 503, 10, 3, and R along San
the east Dublin/Pleasanton BART Station and in the Ramon Road and Dublin Boulevard. Because the
Transit-Oriented District of the Downtown Dublin project site is located within proximity to transit,
Specific Plan area. residents and employees would be encouraged to
utilize transit. Therefore, the proposed project
would be consistent with Implementing Policy 3.
Community Design and Sustainability Element
10.7.3/, Site and Building Design
Policy B - Encourage buildings with varied massing, Consistent The commercial/office building would
heights, articulation techniques, and architectural and include building articulation that would ensure it
signage treatments to ensure compatibility with would be compatible with adjacent existing
adjacent uses, in commercial, office, industrial, and commercial uses and the proposed residential uses
mixed use areas. to the south. The ground level of the building
would have a wrap-around porch element, with low
Policy J - Design inviting and attractive office sloping roof planes, exposed rafter ends, and trellis
buildings that incorporate modern and work. A lobby entry at the center of the building
contemporary architectural design elements and would be comprised of a covered trellis and gable
design features that enrich the appearance of the roof. An outdoor patio is also incorporated to one
gathering places, encourage people to use them, and side, framed with a low river rock wall. The second
have attractive appearances from the public right-of- level of the commercial building would have gable
way, in office areas. elements and sloping roofs. Mechanical equipment
would be screened by the sloping roof around the
perimeter. Therefore, the proposed project would
be consistent with these policies.
i ZF,a m,e,.-Ho,�
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Heritage Park Draft FIR
Land Use and Planning
Policy G - Encourage the diversity of garage Consistent. The single-family residential homes
orientation and setbacks, architectural styles, building would be comprised of Craftsman and American
materials, color and rooflines, and other design Farmhouse architectural styles. Architectural
features, on all sides of all buildings in residential elements and details would include the use of front
areas. and upstairs patios and the use of varying building
materials (e.g. board and batten siding and shingles)
that would break up the perceived mass of the
building and provide visual interest. Garages would
generally be recessed from the front of each home.
Therefore, the proposed project would be
consistent with this policy.
Policy H - Orient buildings toward major Consistent. The proposed residential homes and
thoroughfares, sidewalks, pedestrian pathways, and the proposed commercial/office building located
gathering spaces, and incorporate clear and along Donlon Way would be oriented towards the
identifiable entries where feasible in campus office street with sidewalks connecting with Dublin
areas. Boulevard. Therefore, the proposed project would
be consistent with this policy.
10.7.3.2. Landscaping and Natural Features
Policy H - Preserve Mature trees and vegetation, Consistent. As shown in Figure 2-12: Tree Removal
with special consideration given to the protection of Plan,the proposed project would remove 107 trees,
groups of trees and associated under growths and 16 of which are classified as Heritage trees. Of
specimen trees. these Heritage trees, five of them are California
black walnuts located on the western edge of
Donlon Way. 30 trees would be preserved
including three Heritage trees; namely two coast
redwoods (29-inch and 25-inches in diameter) and
one coast live oak (28 inches in diameter) located
on the perimeter of the project site. To help off-set
the impacts to these Heritage Trees, the project
applicant has agreed to fund the City in the amount
of $19,000 to assist in the planting trees in the
proposed Orchard in the Heritage Park. This
payment would be provided to the City prior to
issuance of the site grading permit.
As shown in Figure 2-13: Landscaping Plan, the
proposed project would include extensive on-site
landscaping. This includes planting 13 trees (36"
box) along Donlon Way. Numerous other trees
and shrubs would be planted on site including
redwoods, crape myrtle, Japanese maple, and
Southern magnolia.
C��Wmly .
. -d AS���,�In, Page 3-1 15
Heritage Park Draft EIR
Land Use and Planning
10.8.8.Implementation Measures.,Land Use Pattems and Designs
Implementation Measure A — Review new Consistent. The project site is located across the
neighborhood design and layout for conformance street from Dublin Heritage Park and Museums,
with the following standards: which is a ten acre park that includes historic
buildings, lawns, a historic cemetery, and picnic areas.
I. Design neighborhoods so that a park, civic, The project site is also located within a '/2 mile of
semi-public, or publicly-accessible passive Mape Memorial Park, which contains recreational
use space, at least '/2 acre in size, lies within facilities including play equipment and sand volleyball
a '/4 mile walk distance of 75 percent of courts.
planned and existing residences and
commercial businesses. The space can be
either a public park or a privately-owned as
long as it is accessible to the general public.
2. Design neighborhoods so that a park, civic,
semi-public or publicly accessible
recreational facility at least one acre in size
with either indoor or outdoor recreational
amenities lies within a '/2 mile walk distance
of 75 percent of planned and existing
residences and commercial businesses.
Recreational facilities must include some
physical improvements and may include
"tot lots," swimming pools, sports fields,
community buildings, or recreation centers,
or can be any public park. The recreational
facility can either be a public park or
privately owned, as long as it is accessible
to the general public. It can be a facility that
charges a fee for use.
Page 3-I 6 iZ n K—ey-Horn.
ntl Associates.Inc
1
Legend
_ Parks/Public Recreation
Medium-High Density Residential
_ Retail/Office
® Business Park/Industrial
_ Downtown Dublin -Transit-Oriented District
_ Downtown Dublin- Retail District
p Project Site Boundary €
1 .f
1
t
t
F�A.
1
1
1 Source:City of Dublin,RBF Consulting(2014)
Heritage Paris EIR
1
FBF Existing General Plan Land Use Designations
0
CONSULTING
A+Company Figure 3.8-1
Legend
Planned Development(PD)
_ Retail Commercial (C-1)
Neighborhood Commercial (C-N)
Commercial Office (C-O)
_ Downtown Dublin Zoning District(DDZP)
_ Multi-Family Residential (R-M)
Agriculture (A)
Project Site Boundary
1,
i~ l
_i
t i 1
a x
e
,. ,q.;..
e R
dT
ax �
}
1
c
Source:City of Dublin,RBF Consulting(2014)
Heritage Park EIR
0' . . . Existing Zoning Designations
CONSULTING
A`_ Company Figure 3.8-2
Legend
Parks/Public Recreation
'IT"'W
Medium-High Density Residential
Medium Density Residential
Retail/Office -
Business Park/industrial r
Downtown Dublin-Transit-Oriented District
Downtown Dublin-Retail District
Project Site Boundary w
e
_� ., .. � e■ve' .>_ ..
Y 1'
•
r
y .+
•
•
}
Source:City of Dublin,RBF Consulting(2014)
Heritage Park EIR
V.1.5 1.� 0 Proposed General Plan and Specifc Plan Land Use Map
CONSULTING
AEI,. cumpdny Figure 3.8-3
Heritage Park Draft EIR
Noise
3.9 Noise
This section addresses potential noise impacts from the construction (including demolition),
traffic, and operations that could occur with the proposed project. Data used to prepare
this analysis were drawn from the City of Dublin General Plan, City of Dublin Municipal
Code, and the Heritage Park Environmental Noise Study, prepared by Charles M. Salter
Associates (dated July 18, 2013).
Environmental Setting
Noise Scales and Definitions
Sound is technically described in terms of the loudness (amplitude) of the sound and
frequency (pitch) of the sound. The standard unit of measurement of the loudness of
sound is the decibel (dB). Since the human ear is not equally sensitive to sound at all
frequencies, a special frequency-dependent rating scale has been devised to relate noise to
human sensitivity. The A-weighted decibel scale (dBA) performs this compensation by
discriminating against frequencies in a manner approximating the sensitivity of the human
ear.
Decibels are based on the logarithmic scale. The logarithmic scale compresses the wide
range in sound pressure levels to a more usable range of numbers in a manner similar to
the Richter scale used to measure earthquakes. In general, a I dB change in the sound
pressure levels of a given sound is detectable only under laboratory conditions. A 3 dB
change in sound pressure level is considered a ''just detectable'' difference in most
situations. A 5 dB change is readily noticeable and a 10 dB change is considered a doubling
(or halving) of the subjective loudness. It should be noted that, generally speaking, a 3 dBA
increase or decrease in the average traffic noise level is realized by a doubling or halving of
the traffic volume; or by about a 7 mile per hour (mph) increase or decrease in speed.
For each doubling of distance from a point noise source (a stationary source, such as a
loudspeaker or loading dock), the sound level will decrease by 6 dBA. In other words, if a
person is 100 feet from a machine, and moves to 200 feet from that source, sound levels
will drop approximately 6 dBA. For each doubling of distance from a line source, like a
roadway, noise levels are reduced by 3 to 4.5 dBA, depending on the ground cover
between the source and the receiver. In terms of human response to noise, a sound 10
dBA higher than another is judged to be twice as loud; 20 dBA higher four times as loud;
and so forth. Everyday sounds normally range from 30 dBA (very quiet) to 100 dBA (very
loud). Numerous methods have been developed to measure sound over a period of time;
refer to Table 3.9-1: Noise Descriptors.
►.��and Associates.Inc. Page 3-I 17
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Noise
Table 3.9-I: Noise Descriptors
Term Definition
Decibel (dB) The unit for measuring the volume of sound equal to 10 times the
logarithm (base 10) of the ratio of the pressure of a measured
sound to a reference pressure 20 micro ascals .
A-Weighted Decibel (dBA) A sound measurement scale that adjusts the pressure of individual
frequencies according to human sensitivities. The scale accounts
for the fact that the region of highest sensitivity for the human ear
is between 2,000 and 4,000 cycles per second hertz
Equivalent Sound Level (Leq) The sound level containing the same total energy as a time varying
signal over a given time period. The Leq is the value that expresses
the time averaged total energy of a fluctuating sound level.
Maximum Sound Level (LR,ax) The highest individual sound level (dBA) occurring over a given
time period.
Minimum Sound Level (L,,,,,) The lowest individual sound level (dBA) occurring over a given
time period.
Community Noise Equivalent Level A rating of community noise exposure to all sources of sound that
(CNEL) differentiates between daytime, evening, and nighttime noise
exposure. These adjustments are +5 dBA for the evening, 7:00 PM
to 10:00 PM, and +10 dBA for the night, 10:00 PM to 7:00 AM.
Day/Night Average (Ld,) The Ldp is a measure of the 24-hour average noise level at a given
location. It was adopted by the U.S. Environmental Protection
Agency (EPA) for developing criteria for the evaluation of
community noise exposure. It is based on a measure of the
average noise level over a given time period called the Leq. The
Ld, is calculated by averaging the Leq's for each hour of the day at a
given location after penalizing the "sleeping hours" (defined as
10:00 PM to 7:00 AM), by 10 dBA to account for the increased
sensitivity of people to noises that occur at night.
Exceedance Level (L,) The A-weighted noise levels that are exceeded 1%, 10%, 50%, and
90% (Loi, Lio, Lso, 1_90, respectively) of the time during the
measurement period.
Source:Cyril M. Harris, Handbook of Noise Control 1979.
Mobile and Stationary Noise Sources
Both mobile and stationary noise sources contribute to the existing noise levels within the
project vicinity. The primary noise sources in the project vicinity include commercial/retail
uses, car and truck traffic with high volumes of traffic along Interstate 580 (1-580), and noise
from adjacent local roadways. Traffic along these roadways generates substantial noise
levels at roadside receptors. In addition, the Bay Area Rapid Transit (BART) station is
located approximately 2,228 feet east of the project boundary. The station is located
within the median of 1-580 and any associated noise is generally masked by freeway traffic
noise which is just audible from the eastern boundary of the project site. The Heritage
Park and Museums and a dog kennel are located to the west of the project site.
Stationary noise sources include the existing on-site office complex, activities associated
with the surrounding commercial/retail and residential uses, and recreational uses at the
Heritage Park and Museums located to the west. Although a portion of the project site is
Page 3-1 18 lh � -d'q=�°`t-he
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Noise
occupied, little activity occurs within the site. Existing on-site stationary source noise is
limited compared to the surrounding areas. The primary stationary noise sources in the
project vicinity occur from the adjacent commercial areas and include parking lot noise, and
heating, ventilation, and air conditioning (HVAC) equipment. As described above, Heritage
Park and Museums is located west of the project site, which includes outdoor
recreational/instructional space. Stationary noise from use of the outdoor space at the
Heritage Park and Museums is limited to infrequent events.
Ambient Noise Levels
In order to quantify existing ambient noise levels at the project site and vicinity, Charles M.
Salter Associates conducted long-term noise measurements at the project site between
June 25 and June 28, 2013; refer to Table 3.9-2: Noise Measurements. The noise
measurement sites were representative of typical existing noise exposure within and
immediately adjacent to the project site. Noise monitors were attached to utility poles at a
height of 12 feet above grade and recorded noise levels for approximately 72 hours. The
results of the field measurements are indicated in Appendix G (Noise Data). Existing
measured noise levels range from approximately 66 to 74 dBA Leq.
Table 3.9-2: Noise Measurements
Site No. Location Le (dBA) Ldn (dBA)
I Southern portion of on-site office complex parking lot, 66.0 70.0
near westbound Interstate 580 on-ramp.
2 Eastern portion of on-site office complex parking lot, 71.0 72.0
near San Ramon Road.
3 Near commercial use located to the north of the 74.0 73.0
project site, adjacent to Dublin Boulevard.
Source:Charles M.Salter Associates,June 25 to June 28,2013.
Sensitive Receptors
Land uses that are considered sensitive receptors to noise include residential areas, schools,
hospitals, churches, recreational areas, and transient lodging. Residential areas are also
considered particularly sensitive to noise during the nighttime hours. Several multi-family
units are located approximately 210 feet north of the project site along Dublin Boulevard,
and two single-family residences are located approximately 100 feet to the southwest along
Donlon Way. The Heritage Park and Museums site is located approximately 105 feet to
the west of the project site. The Church of Christ is located approximately 95 feet north
of the project site along Dublin Boulevard, and the Dublin Cemetery is located
approximately 280 feet to the west along Donlon Way.
► -d Associates.Inc Page 3-1
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Noise
Existing Regulatory Setting
State of California Guidelines
The State of California Office of Planning and Research (OPR) /Noise Element Guidelines
include recommended interior and exterior level standards for local jurisdictions to identify
and prevent the creation of incompatible land uses due to noise. The OPR Guidelines
describe the compatibility of various land uses with a range of environmental noise levels in
terms of dBA CNEL.
According to the Office of Planning and Research (OPR) Guidelines, single-family homes
are considered to be ''normally acceptable" in exterior noise environments up to 60 CNEL
and "conditionally acceptable'' up to 70 CNEL. Multiple-family residential uses are
"normally acceptable" up to 65 CNEL and ''conditionally acceptable'' up to 70 CNEL. The
State indicates that locating residential units, parks, and institutions (such as churches,
schools, libraries, and hospitals) in areas where exterior ambient noise levels exceed 65
dBA CNEL is undesirable. The OPR recommendations also note that, under certain
conditions, more restrictive standards than the maximum levels cited may be appropriate.
As an example, the standards for quiet suburban and rural communities may be reduced by
5 to 10 dB to reflect their lower existing outdoor noise levels as compared with urban
environments.
In addition, Title 25, Section 1092 of the Califomia Code of Regulations, sets forth
requirements for the insulation of multiple-family residential dwelling units from excessive
and potentially harmful noise. Whenever multiple-family residential dwelling units are
proposed in areas with excessive noise exposure, the developer must incorporate
construction features into the building's design that reduce interior noise levels to 45 dBA
CNEL.
Local
City of Dublin General Plan
The Noise Element of the City of Dublin General Plan establishes residential, commercial,
and industrial land use compatibility standards for noise measured at the property line of
the receiving land use. The land use compatibility noise criteria provide the basis for
decisions on location of land uses in relation to noise sources and for determining noise
mitigation requirements. Table 3.9-3: City of Dublin Land Use Compatibility for
Community Noise Environments shows the noise standards for the City. As indicated, the
normally acceptable exterior noise level for the City of Dublin is 60 CNEL or less for noise-
sensitive residential land uses and parks, and 70 dBA or less for retail, commercial, office,
and industrial land uses. Noise levels up to 70 dBA are considered conditionally acceptable
for most noise sensitive land uses.
The following policies in the City of Dublin General /fan are applicable to noise in the
project vicinity:
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Noise
Guiding Policy A. Where feasible, mitigate traffic noise to levels indicated by Table
3.10-2: City of Dublin Land Use Compatibility for Community Noise Environments.
Table 3.9-3: City of Dublin —Land Use Compatibility for Community Noise Environments
Corn unity Noise osure Ldn or CNEL, dBA
Land Use Category Normally Conditionally Normally Clearly
Acceptable Acce table Una table Unacce table
Residential 60 or less 61-70 71-75 Over 75
Motels, Hotels 60 or less 61-70 71-80 Over 80
Schools, Churches, Nursing Homes 60 or less 61-70 71-80 Over 80
Neighborhood Parks 60 or less 61-65 66-70 Over 70
Office, Retail, Commercial 70 or less 71-75 76-80 Over 80
Industrial 70 or less 71-75 Over 75 --
Ldn = Day night average; NA = not applicable.
Notes:
NormallyAccepttable: Specified land use is satisfactory,based upon the assumption that any buildings involved are of normal
conventional construction,without any special noise insulation requirements.
Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise
reduction requirements is made and needed noise insulation features have been included in the design. Conventional
construction, but with closed windows and fresh air supply systems or air conditioning,will normally suffice.
Normally Unacceptable: New Construction or development should be discouraged. If new construction or development does
proceed,a detailed analysis of the noise reduction requirements must be made and needed noise-insulation features must be
included in the design.
Clearly Unacceptable: New construction or development should generally not be undertaken.
Source:City of Dublin, City of Dub/in Genera/Plan,adopted February 1 11 1985,updated January 19,2010.
• Implementing Policy F. Noise impacts related to all new development shall be
analyzed by a certified acoustic consultant.
• Implementing Policy H. Review all multi-family development proposals within the
projected 60 CNEL contour for compliance with noise standards (45 CNEL in any
habitable room) as required by State law.
Consistent with the Noise Element of the City of Dub/in Genera/ Plan, the normally
acceptable outdoor noise exposure standard for residential sites is 60 dBA or less. Project
designers may use one or more of four available categories of mitigation measures: site
planning, architectural layout (bedrooms away from noise source, for example), noise
barriers, or construction modifications.
City of Dublin Municipal Code
The City's Municipal Code includes standards pertaining to noise control within the City.
Municipal Code Section 2.28.020 prohibits any person within the City to make any loud, or
disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or
disturbs or injures or endangers the health, repose, peace or safety of any reasonable
person of normal sensitivity present in the area. Section 8.36.060(C) (3) states that for lots
less than 5,000 square feet, mechanical equipment that generates noise (i.e., swimming
pool, spa, and air conditioning equipment) on the property shall be enclosed as necessary
to reduce noise at the property line to a maximum of 50 dBA at any time. For lots 5,000
square feet or larger, mechanical equipment that generates noise when located within a
i K m,eY o
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Heritage Park Draft EIR
Noise
required setback as allowed by this subsection, and within 10 feet of an existing or potential
residence, or an existing paved patio area on adjoining property, shall be enclosed as
necessary to reduce noise at the property line to a maximum of 50 dBA at any time.
Relevant Project Characteristics
The proposed project includes an I I-foot noise barrier along the southern and eastern
boundaries of the project site bordering Interstate 580 and San Ramon Road. The sound
wall would continue in the northeastern portion of the project site between Lots #23
through #26. A five foot sound wall would be constructed along the northern border of
the project site between Lots #19 through #22 and a parking lot located north of the
project site.
Impacts and Mitigation Measures
Criteria for Determining Significance
In accordance with the CEQA, State CEQA Guidelines, agency and professional standards,
a project impact would be considered significant if the project would:
Expose persons to, or generate, noise levels in excess of standards established in
the local general plan or noise ordinance, or applicable standards of other agencies;
Expose persons to, or generate, excessive ground borne vibration or ground borne
noise levels;
E Substantially permanently increase ambient noise levels in the project vicinity above
levels existing without the project;
r Substantially temporarily or periodically increase ambient noise levels in the project
vicinity above levels existing without the project;
For a project located within an airport land use plan or, where such a plan has not
been adopted, within two miles of a public airport or public use airport, expose
people residing or working in the project area to excessive noise levels; and
For a project within the vicinity of a private airstrip, expose people residing or
working in the project area to excessive noise levels.
Impacts and Mitigation Measures
Exposure to Short-term Construction-Related Noise and Vibration
Impact 3.9-1: The proposed project may result in short-term construction-related
noise at nearby noise sensitive land uses. This is considered a
potentially significant impact.
Construction activities have a short and temporary duration, lasting from a few days to a
period of several months. Groundborne noise as well as other types of construction-
related noise impacts may occur during the initial site preparation, which can create the
highest levels of noise. Generally, site preparation has the shortest duration of all
construction phases. Activities that occur during this phase include earthmoving and soils
Page 3-122 PZn K1 .y H°,
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compaction, and demolition of existing buildings and facilities. High groundborne noise
levels and other miscellaneous noise levels can occur during this phase by the operation of
heavy-duty trucks, backhoes, and other heavy-duty construction equipment.
Noise from construction activities is generated by the following primary sources: (1) the
transport of workers and equipment to and from construction sites, (2) truck trips
transporting cut/fill; and (3) the noise related to active construction equipment. These
noise sources can be a nuisance to local residents and businesses or unbearable to sensitive
receptors (i.e., residences, hospitals, nursing homes, schools, day care facilities, etc.). The
Federal Transit Administration (FTA) has compiled data regarding noise generating
characteristics of specific types of construction equipment and typical construction activities.
These noise levels would decrease rapidly with distance from the construction site at a rate
of approximately 6 dBA per doubling of distance.
Construction noise can be created by the operation of heavy-duty trucks, backhoes,
bulldozers, excavators, front-end loaders, scrapers, and other heavy-duty construction
equipment. Table 3.9-4: Maximum Noise Levels Generated by Construction Equipment,
describes the anticipated construction equipment noise levels and is based on the quantity,
type, and Acoustical Use Factor for each equipment type that would be used.
Table 3.9-4: Maximum Nose Levels Generated by Construction Equipment
Acoustical Use Factor' [!�(IBA)50 Feet
Type of Equipment (percent)
Crane 16 81
Dozer 40 82
Excavator 40 81
Generator 50 81
Grader 40 85
Other Equipment(> five horse power) 50 85
Paver 50 77
Pile Driver(impact) 20 101
Pile Driver(sonic) 20 96
Roller 20 80
Tractor 40 84
Truck 40 80
Welder 40 73
Note:
I. Acoustical use factor (percent): Estimates the fraction of time each piece of construction
equipment is operating at full power (i.e., its loudest condition) during a construction
o eration.
Source: Federal Highway Administration, Roadway Construction Noise Model (4HWA-HEP-05-
054),Janua 2006.
Operating cycles for construction equipment used during these phases may involve one or
two minutes of full power operation followed by three to four minutes at lower power
settings. Other primary sources of acoustical disturbance would be random incidents,
P�Z^K-I.Y-)IM
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Heritage Park Draft EIR
Noise
which would last less than one minute (such as dropping large pieces of equipment or the
hydraulic movement of machinery lifts). These noise level estimates take into account the
distance to the receptor, attenuation from molecular absorption, and anomalous excess
attenuation.
Construction noise impacts generally occur when construction activities occur in areas
immediately adjoining noise sensitive land uses, during noise sensitive times of the day, or
when construction durations last over extended periods of time. Construction activities
associated with the proposed project could generate significant amounts of noise during
demolition, grading and construction operations. During these construction phases,
adjacent sensitive receptors could be exposed to sporadic high noise levels associated with
construction equipment (as a result of power tools, jack-hammers, truck noise, etc.); refer
to Table 3.9-4: Maximum Noise Levels Generated by Construction Equipment. The
closest construction activities could occur to a noise sensitive receptor is approximately 75
feet from the Church of Christ located to the north of the project site. The majority of the
construction would occur at distances greater than 75 feet from the nearest sensitive
receptors and would not be expected to interfere with normal recreational, institutional, or
commercial activities in the project area.
It is anticipated that construction traffic would access the potential construction sites within
the project site from several major roadways, including Dublin Road, San Ramon Road, as
well as from collector streets such as Donlon Way. As stated above, various sensitive
receptors exist in the project vicinity, and could be exposed to excessive noise levels from
construction vehicles along the surrounding roadways.
The proposed project would be subject to compliance with the implementing policies of
the Noise Element of the City ofDub&7 Genera/Flan, and Municipal Code; however the
Municipal Code does not provide thresholds for construction activities. Additionally,
implementation of Mitigation Measure 3.9-1 would reduce construction noise associated
with the proposed project by limiting construction to the less noise sensitive periods of the
day and ensuring that proper operating procedures are followed during construction so
that nearby sensitive receptors are not adversely affected by noise and vibration.
Therefore, following compliance with City standards and implementation of Mitigation
Measure 3.9-1, impacts would be reduced to a less than significant level.
Mitigation Measures:
MM 3.9-1 Implement Short-Term Construction Best Management Noise Practices
Prior to issuance of any Grading Permit, the Public Works Director and the
Building Official shall confirm that the Grading Plan, Building Plans, and
specifications stipulate that the following basic construction mitigation
measures shall be implemented for all construction projects:
All construction equipment shall be equipped with mufflers and
sound control devices (e.g., intake silencers and noise shrouds) no
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less effective than those provided on the original equipment and no
equipment shall have an un-muffled exhaust.
• The contractor shall maintain and tune-up all construction
equipment to minimize noise emissions.
• Stationary equipment shall be placed so as to maintain the greatest
possible distance to the sensitive receptors.
• Idling times shall be minimized either by shutting equipment off
when not in use or reducing the maximum idling time to five
minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at
all access points.
• All equipment servicing shall be performed so as to maintain the
greatest possible distance to the sensitive receptors.
• A qualified ''Noise Disturbance Coordinator' shall be designated
amongst the construction crew whom shall be responsible for
responding to any local complaints about construction noise. When
a complaint is received, the Disturbance Coordinator shall notify the
City within 24 hours of the complaint and determine the cause of
the noise complaint (e.g., starting too early, malfunctioning muffler,
etc.) and shall implement reasonable measures to resolve the
compliant, as deemed acceptable by the Planning Department.
• Select demolition methods to minimize vibration, where possible
(e.g., sawing masonry into sections rather than demolishing it by
pavement breakers),
• Construction trucks shall utilize a route that is least disruptive to
sensitive receptors, preferably major roadways (San Ramon Road,
and Interstate 580). Construction trucks should, to the extent
practical, avoid the weekday and Saturday a.m. and p.m. peak hours
(7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.).
Exposure to Short-term Construction-Related Vibration
Impact 3.9-2: The proposed project could result in short-term construction-related
vibration that could result in vibration impacts to nearby sensitive receptors
during grading and construction activities. This is considered a less than
significant impact.
Project construction can generate varying degrees of ground-bome vibration, depending on
the construction procedure and the construction equipment used. Operation of
construction equipment generates vibrations that spread through the ground and diminish
in amplitude with distance from the source. The effect on buildings located in the vicinity
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of the construction activities often varies depending on soil type, ground strata, and
construction characteristics of the receiver building(s). The results from vibration can range
from no perceptible effects at the lowest vibration levels, to low rumbling sounds and
perceptible vibration at moderate levels, to slight damage at the highest levels. Ground-
bome vibrations from construction activities rarely reach levels that damage structures.
The Federal Transit Administration (FTA) has published standard vibration velocities for
construction equipment operations. In general, the FTA architectural damage criterion for
continuous vibrations (i.e., 0.2 inch/second) appears to be conservative.
The types of construction vibration impact include human annoyance and building damage.
Human annoyance occurs when construction vibration rises significantly above the
threshold of human perception for extended periods of time. Building damage can be
cosmetic or structural. Ordinary buildings that are not particularly fragile would not
experience any cosmetic damage (e.g., plaster cracks) at distances beyond 30 feet. This
distance can vary substantially depending on the soil composition and underground
geological layer between vibration source and receiver. In addition, not all buildings
respond similarly to vibration generated by construction equipment. The vibration
produced by construction equipment, is illustrated in Table 3.9-5: Typical Vibration Levels
for Construction Equipment.
Table 3.9-5: Typical Vibration Levels for Construction Equipment
Approximate peak particle Approximate peak particle
Equipment velocity at 25 feet velocity at 75 feet
Cinches/second inches/second
Large bulldozer 0.089 0.017
Loaded trucks 0.076 0.015
Small bulldozer 0.003 0.001
Auger/drill rigs 0.089 0.017
Jackhammer 0.035 0.007
—Vibratory hammer 0.035 0.007
Vibratory compactor/roller 0.003 0.001
Notes:
I. Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, May 2006.
Table 12-2.
2. Calculated using the following formula:
PPV eQ'P= PPV-,x(25/D)"
where: PPV (equip) =the peak particle velocity in in/sec of the equipment adjusted for the
distance
PPV (ref) = the reference vibration level in in/sec from Table 12-2 of the FTA
Transit Noise and Obration Impact Assessment Guidelines
D=the distance from the equipment to the receiver
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines,May 2006.
Ground-bome vibration decreases rapidly with distance. As indicated in Table 3.9-5:
Typical Vibration Levels for Construction Equipment, based on the FTA data, vibration
velocities from typical heavy construction equipment operations that would be used during
project construction range from 0.003 to 0.089 inch-per-second peak particle velocity
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(PPV) at 25 feet from the source of activity. The closest structures to the project site are
the nearby churches (i.e., Old St. Raymond's Church along Donlon Way and the Church of
Christ along Dublin Boulevard) which are located over 75 feet from the nearest
construction activity areas. With regard to the proposed project, ground-bome vibration
would be generated primarily during site clearing and grading activities on-site and by off-
site haul-truck travel. At 75 feet from the source of activity, vibration it range from
0.001 to 0.017 inch-per-second PPV. Therefore, as each of these values is below the 0.2
inch-per-second PPV significance threshold, and the nearest structures are located over 75
feet away from construction activity areas, the vibration impacts associated with
construction would be less than significant.
Exposure to Long-Term Stationary Noise
Impact 3.10-3: Sensitive receptors could be exposed to noise levels in excess of allowable
City noise standards. However, project design features will be included as
part of project construction which will reduce noise levels to be consistent
with and/or lower than City noise standards. This is considered a less than
significant impact.
The proposed project would result in minimal long-term stationary noise impacts on
sensitive receptors in the project vicinity, which consist of residential, institutional, and park
uses adjacent to the project site. Typical stationary noise sources associated with the
proposed land uses on the project site (single family residential and commercial/office)
include parking lot noise, HVAC systems, and noise associated with residential uses,
including outdoor mechanical equipment, audible noise from domestic animals and outdoor
activities. The proposed on-site uses would be required to comply with the City's noise
standards established in the City of Dublin Municipal Code. The following discusses
potential stationary noise impacts associated with the project.
Delivery Trucks and Parking Areas
Typically, a medium 2-axle truck used to make deliveries can generate a maximum noise
level of 75 dBA at a distance of 50 feet. These are levels generated by a truck that is
operated by an experienced "reasonable'' driver with typically applied accelerations.
Higher noise levels may be generated by the excessive application of power. Lower levels
may be achieved, but would not be considered representative of a nominal truck
operation. The residential uses located in the northeastern portion of the project site
would be located approximately 50 feet from the nearest commercial use. Noise from
delivery trucks on this commercial property could expose the residents on the project site
to excessive noise levels above City standards (60 dBA for exterior, 45 dBA for interior).
Noise associated with parking lots is typically not of sufficient volume to exceed community
noise standards, which are based on a time-averaged scale such as the CNEL scale; refer to
Table 3.9-6, Maximum Noise Levels Generated by Parking Lots. The instantaneous
maximum sound levels generated by a car door slamming, engine starting up and car pass-
bys may be an annoyance to the adjacent residential uses on-site.
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Noise
Table 3.9-6: Maximum Noise Levels Generated by Parking Lots
Noise Source Maximum Noise Levels at 50 Feet from
Source dBA Le
Car door slamming 63
Car starting 60
Car idling 61
Source: RBF Consulting,2013.
The commercial uses to the north of the project site include parking areas as close as 50
feet from the proposed residential uses on the project site. Most of the noise generated in
the parking area would be at a distance of 50 feet from the nearest sensitive on-site
residential use.
The proposed project includes five-foot and I I-foot noise barriers surrounding the
exteriors of the residential portion of the project site to reduce exterior noise levels from
adjacent uses and traffic noise at on-site sensitive receptors to below City standards (60
dBA) (Charles Salter and Associates 2013) In addition, the proposed project will include
windows with a minimum Sound Transmission Class (STC) of 28 to ensure interior noise
levels are below the City's 45 dBA CNEL interior standard. Construction of the sound wall
and installation of STC-compatible windows will ensure that stationary noise impacts from
delivery trucks would be less than significant.
Mechanical Equipment
The uses surrounding the project site require the use of heating, ventilation, and air
conditioning units (HVAC). HVAC systems typically result in noise levels that average
between 40 and 50 dBA Leci at 50 feet from the equipment. As the future residential uses
on the project site would be located approximately 50 feet from the nearest surrounding
use, and further from the closest potential location of the HVAC equipment, potential
noise levels would be below the City's limits of 60 dBA for residential uses (Noise Element
of the City of Dub/in Genera/Plan). As such, a less than significant impact would occur in
this regard.
Impacts to On-Site Receptors
The proposed project would place sensitive receptors (i.e., residential and commercial
uses) within 330 feet of the 1-580 freeway. According to the noise study prepared for the
project, noise levels would be approximately 67 dB at the residential yards along the edge
of the project site (Charles M. Salter and Associates 2013). To reduce noise levels within
the City's residential standards of 60 dB, the proposed project would construct an I I-foot
barrier along the southern and eastern perimeter of the project site. This barrier would be
continuous from grade to top, have no cracks or gaps, and have a minimum surface density
of three pounds per square foot (e.g. one-inch thick plywood, CMU) (Salter,July 18, 2013).
Additionally, to reduce interior (i.e., residential and commercial) noise levels to the City's 45
dBA standard, windows with a Sound Transmission Class (STC) ranging from 28 to 38
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would be installed (see Figure 3.9-1: Proposed Noise Reduction Measures). With
construction of the sound wall and STC-compliant windows, on-site sensitive receptors
would not be exposed to excessive noise and a less than significant impact would occur in
this regard.
Exposure to Long-Term Mobile Noise
Impact 3.9-4: Development of the proposed project would not permanently
increase noise levels from mobile sources (vehicular traffic) in the
project area, and would not expose persons to excessive airport-
related noise. This is considered a less than significant impact.
In order to assess the potential for mobile source noise impacts, it is necessary to
determine the noise currently generated by vehicles traveling through the project site.
According to the trip generation prepared for the proposed project, the existing land use
(Commercial/Office) on the project site generates approximately 1,41 1 daily trips. The
proposed project's land uses (Medium Density Residential and General Office) would
generate approximately 81 1 daily trips. Therefore, there would be an overall reduction of
600 daily trips and an associated reduction in traffic noise levels as compared to existing
conditions. Furthermore, neither a public nor private airport is located within two miles of
the project site; therefore, a less than significant impact would occur in this regard.
P�Z„Ki ;l y Hw
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rvp�.y,p..-..,. �'^'.:1'F�""-`... +-•v,•°'Z..•••,,.}; .a w.._.»..1 ��P�:iu<.11,6,1tTYAY,:^YYLK LA.JVi,31i;
NOTE: NOISE BARRIERS TO BE LOCATED ALONG THE PROPERTY LINE. THEY
ARE CURRENTLY SHOWN ON ADJACENT PROPERTY TO CLARIFY THEIR
LOCATION. - m
Gil I� d1 6 c,F
i ` ,
LL
Imo_
0
0
1
= STC 38 ® = 11' HIGH NOISE BARRIER
' = STC 35 ® = 5' HIGH NOISE BARRIER
o = STC 32
= STC 28 C ID
CHARLES
M. SALTER ASSOCIATES, INC.
' - °^-- -- FOR ACOUSTICAL DESIGN INFORMATION ONLY
' Note:STC=Sound Transmission Class
Source:Charles M Salter Associates,Inc.(2014)
Heritage Park EIR
0 Proposed Noise Reduction Measures
CONSULTING
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Heritage Park Draft EIR
Public Services and Utilities
3.10 Public Services and Utilities
This section of the Draft EIR analyzes the impacts associated with implementation of the
proposed project on public services and facilities and services, including fire protection, law
enforcement, schools, libraries, parks/recreation facilities, stormwater drainage, potable
water, wastewater treatment, solid waste management, and other public utilities.
Information in this section is derived primarily from the proposed project, as well as
personal communication with service providers.
Environmental Setting
Fire Protection
The proposed project would be served by the Alameda County Fire Department
(hereinafter "ACFD''), which provides fire protection and suppression services under
contract to the City of Dublin. ACDF currently consists of 36 line personnel.
ACDF has 28 fire stations, three of which are located in the City of Dublin. Station No. 16
is located at 7494 Donohue Drive; Station No. 17 is located at 6200 Madigan Avenue; and
Station No. 18 is located at 4800 Fallon Road.
• Station No. 16 houses one engine company, a patrol and a water tender, and a
patrol. This station provides initial response to west and downtown Dublin.
• Station No. 17 provides service to the west, and central core sections of Dublin
and would provide initial response to the project area. This station houses one
engine and one truck company.
■ Station No. 18 provides the primary response for the eastern most portions of
Dublin. This station includes one engine company and one bulldozer.
Law Enforcement
The proposed project would be served by the City of Dublin Police Department. Police
services for the City of Dublin are performed under contract to the Alameda County
Sheriffs Office. As of June 2013, the City of Dublin has 51 sworn personnel (Personal
Communication with Lieutenant Nate Schmidt, Alameda County Sherrfff; Department/City
of Dublin Police Department, June 5, 2013).
Police Services are provided by the Alameda County Sheriff personnel located at the
Dublin Civic Center, 100 Civic Center Plaza. Services provided include uniformed police
officers patrolling the City in marked vehicles, criminal investigations, crime prevention, drug
enforcement prevention education programs, and special investigation officers responsible
for narcotic and vice suppression. Response times to various places in the City can vary
depending on the time of day and the available units. The average response time to a life-
or-death emergency averages approximately 3.5 to five minutes. For non-emergencies, the
response time is typically 15 minutes. Dispatch and some data processing functions are
handled at the Sheriffs Office facilities located in Oakland, San Leandro, and Hayward.
Dublin police also enforce city ordinances and state laws within the limits of the City of
Dublin.
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Schools
The Dublin Unified School District (DUSD) provides public education in the City of Dublin
and the surrounding area (including the proposed project area). The DUSD includes five
elementary schools, one K-8 school, one middle school, a comprehensive high school, a
continuation high school, and a K-3 parent participation program. The elementary schools
all feature before and after school child care.
The proposed project would be served by Dublin Elementary School, Wells Middle School
and Dublin High School. Primary and secondary school facilities, 20 12-20 13 student
enrollment, and the school's optimum capacity are identified in Table 3.10-1: Optimum
Capacity of Schools Serving the Project Site,
Table 3.10-I: Enrollment Capacity of Schools Serving the Project Site
[Dublin de Level and School Student Enrollment in
me 2012-2013 Optimum Capacity Excess Capacity
mentary
675 755 80
Middle School
Wells 802 1,063 261
High School
Dublin HS 1,864 2
Source: Dublin Unified School Distnct,2013.
For planning purposes, a school district's projected student generation rates are based on
dwelling units. Student generation rates are the average number of students residing in a
home. It is also an indicator of the number of students that will come from new housing
developments. According to the Dublin Unified School District's Demographic Study and
Facilities P lan, 2011-2012, each new single-family home (large and medium lot single family
home) generates an average of 0.75 K-12 students per home; medi um density housing
including single family residential with lots less than 4,000 square feet generates an average
of 0.525 K-12 students per home; medium-high density attached housing (otherwise known
as "townhomes'') generate an average 0.295 K-12 students per home; and a new high
density residential (multifamily housing development) generates an average of 0.125 K-12
students per unit (DUSD 2012).
Libraries
The Dublin Public Library is located at 200 Civic Plaza, and is a partnership between the
City of Dublin and the Alameda County Library. The City of Dublin owns the library
building and contracts with Alameda County for library services. The Dublin Public Library
contains a collection of 145,700 materials including books, DVDs, and audio books,
newspapers, and magazines funded with $1.3 million dollars given to the Library by the City
of Dublin.
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The Alameda County Library provides library services from ten branch libraries in the cities
of Albany, Dublin, Fremont, Newark, and Union City, and the unincorporated communities
of Castro Valley and San Lorenzo. The Alameda County Library is funded primarily by
local property taxes, with additional revenue from State grants and contracts with cities for
additional open hours and services.
Parks/Recreation Facilities
The City of Dublin's current park system includes thirteen parks and two open space areas.
The City's Parks and Community Services Department manages park planning and
development, and the Public Works Department coordinates park maintenance. The
nearest City parks to the project site include:
Dublin Heritage Park and Museums —The Dublin Heritage Park and Museums is a
ten acre park located across Donlon Way that includes historic buildings, lawns, a
historic cemetery, and picnic areas.
Mape Memorial Park — Mape Memorial Park is located between San Sabana and
Calle Verde streets, off of Mape Way north of the project site. The park contains
barbeque grills, drinking fountains, picnic tables, play equipment, sand volleyball
courts, and walkways/trails.
The City's existing trail network consists of bikeways located along Amador Valley
Boulevard, Village Parkway, San Ramon Road, Alamo Creek, Dublin Boulevard, Tassajara
Creek and Dougherty Road, a public local trail along Martin Canyon Creek, and a regional
trail link along the Iron Horse Trail.
Stormwater Drainage
The City of Dublin Public Works Department maintains the City's storm drain pipelines
that are located within the public streets. The Alameda County Water Conservation
District Zone 7 (Zone 7) owns and operates regional storm drain facilities that collects
runoff from the City.
Existing storm drain facilities are located within the project site, including a 24-inch storm
drain pipe that discharges into a hardened channel to the south of the project site.
Water
The Dublin San Ramon Services District (DSRSD) is the purveyor of potable water in the
City of Dublin. DSRSD has provided drinking water to more than 60,000 people in Dublin
since March 1961 and in Dougherty Valley since May 2000. In addition to potable water,
DSRSD also provides recycled (reclaimed) water for irrigation and other non-potable uses.
DSRSD Ordinance No. 301 requires recycled water use for approved customer categories
for all new land uses, including commercial, multi-family residential, and institutional
irrigation uses with the DSRSD potable water service area. The City of Dublin also has
Water-Efficient Landscaping Regulations that reduce water use for irrigation (refer to the
Dublin Municipal Code, Chapter 8.88).
DSRSD's Urban Water Management Plan Ounei 201 1) (here e tier ''DSRSD aW20P0.
includes a projection of future potable a
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This projection is shown in Table 3.10-2: DSRSD Current and Projected Water Meter
Connections by Customer Type.
Table 3.10-2: DSRSD Current and Projected Water Meter Connections by Customer Type
Demand Source 2010' 20152 2020 2025 2030 2035
Potable Water
Residential (Total DRSD 15,661 18,397 23,598 25,451 26,553 26,970
Service Area)3
Commercial 1,218 I,982 2,166 2,4 15 2,527 2,569
Landscape Irrigation' 686 1,120 1,338 1,504 1,587 1,613
Institutional/Governmental5 106 232 274 304 307 311
Potable Water Subtotal 17,671 21,731 27,375 29,674 30,973 31,463
Recycled Water 283 452 732 860 885 910
Total 17,954 22,183 28,108 30,534 31,858 32,373
Notes:
I. DSRSD water accounts as of December 31,2010.
2. DSRSD land use projections as of March 201 1,
3. Future residential dwelling units based on the sum ofthe residential units anticipated for individual projects and
subdivisions per the land use projections and anticipated development scheduled as provided by the city of Dublin and
individual developers.
4. Future projections for number of commercial,school,and imgation connections based on current density of those
connections applied to future projected acreage for those land uses.
5. Future jail connections assumed to remain the same as existing jail connections
Source:Dublin San Ramon Services Dist id 2010 Urban Water Mana ement Plan 201
DSRSD is responsible for planning to supply sufficient water to meet the anticipated
growth in demand, in which it is planned to use a combination of potable and recycled
water supplies as well as conservation of water resources to meet demand.
The wholesale supplier of water to DSRSD is Zone 7. DSRSD has a contract with Zone 7
which establishes the obligations between the parties to meet demand in the DSRSD
service area. Under the contract, DSRSD is obligated to purchase all of the treated water
it requires from Zone 7, unless Zone 7 is unable to deliver sufficient water. If Zone 7 is
unable for a period of time to deliver sufficient water to satisfy DSRSD's needs, DSRSD is
permitted to acquire water from other sources during the period that Zone 7 has
insufficient water. Zone 7 relies on a combination of supplies to meet treated and
untreated (i.e. raw surface water) demands. Zone 7's water supplies consist of imported
surface water and local runoff.
Zone 7 conducts a periodic review of its water supply reliability. The most recent review
was completed in July 2011. The sustainability and reliability of Zone 7's existing water
supply system is achieved first by having sufficient long term supplies to meet demands and
then by storing surplus water in wet years for use in dry years; it is heavily dependent on
having enough wet years to balance the dry years. This balance between wet and dry years
is evaluated by comparing projected yields from existing water supplies over a wide range
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of historic hydrology to make sure that Zone 7 can meet 100 percent of its treated water
customer water supply needs during: an average water year, the worst single dry year from
the historic record that represents the lowest yield from all available supplies; and multiple
dry water ears from the historic record. Traditionally, if the projected yields over a long
range of hydrology can be shown to meet a future demand every year, then the system is
called sustainable for that level of demand. In general, if long-term average yields from
existing water supplies are less than projected water demands, then over time, the storage
reserves needed to meet reliability goals will erode and the system is not sustainable.
Zone 7 and DSRSD currently charge connection and other fees on new development
within their service area. Fees are used for construction of planned water system capital
improvements including storage, pumping, transmission, and on-going system water
maintenance and improvements.
Sewer/Wastewater
DSRSD is also the purveyor of wastewater collection services in the City of Dublin and a
portion south San Ramon and Pleasanton. DSRSD wastewater collection system includes
over 170 miles of sanitary sewers ranging from six to 42 inches in diameter that are from
five to over 40 years old.
Disposal of treated wastewater is under the jurisdiction of the Livermore-Amador Valley
Water Management Authority (LAVWMA). Wastewater collected from the DSRSD
service area travels by gravity to the DSRSD wastewater treatment plant, which is located
near the southeast corner of Interstate 580 and Interstate 680 in the City of Pleasanton.
The plant has an average dry-weather flow (ADWF) capacity of 17.0 million gallons per day
(mgd). At projected buildout, the secondary facilities will have an ADWF capacity of 20.7
mgd; 10.4 mgd of this influent is projected to originate from the DSRSD service area. The
remaining 10.3 mgd of influent is projected to originate from Pleasanton, which is treated
by DSRSD by contract.
Disposal of treated effluent from DSRSD's wastewater treatment plant in Pleasanton is the
responsibility of the LAVWMA. LAVWMA exports secondary treated wastewater to the
East Bay Discharges Authority interceptor pipeline for ultimate discharge to San Francisco
Bay via a deepwater outfall. LAVWMA facilities are designed to export a maximum flow of
41.2 mgd during wet weather events.
DSRSD currently charges wastewater connection and other fees on all new development
within the District's service area and would require the developer to enter into a planning
agreement with the District to cover wastewater collection and wastewater treatment.
Fees are used for construction of planned wastewater treatment and collection system
capital improvements, as well as on-going wastewater system maintenance.
Solid Waste Management
Coordination of the solid waste management activities in Alameda County is the joint
responsibility of the County's Waste Management Authority and local jurisdictions. The
City of Dublin currently contracts with Amador Valley Industries (AVI), a private company
for residential and commercial garbage collection within the City limits. The City of Dublin
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also has an aggressive and comprehensive recycling program and collects both recycling and
organics. All single-family residences are provided with recycling containers. In addition,
free recycling service is available to all commercial customers that subscribe to garbage
service. In regards to construction and demolition debris, the City requires all construction
and demolition projects to recycle at least 50-percent of waste generated on a job site.
Solid waste generated within the project site would be deposited at the Altamont Landfill.
The Altamont Landfill has a total estimated permitted capacity of 62,000,000 cubic yards.
The total estimated capacity used is 16,280,000 cubic yards (or 26.3 percent), and the
remaining estimated capacity is at 45,720,000 cubic yards (or 73.7 percent). The estimated
closure date of this landfill is January 2029.
Electricity and Natural Gas
Pacific Gas and Electric Company (PG&E) provides electricity to all or part of 47 counties in
California, and provides natural gas to all or part of 39 counties in California, constituting
most of the northern and central portions of the state. PG&E provides electricity and
natural gas service to the City of Dublin. PG&E charges connection and user fees for all
new development, in addition to sliding rates for electrical and natural gas service based on
use. Electricity and gas services are currently offered in the project vicinity.
Title 24, Part 6, of the California Code of Regulations, entitled ''Energy Efficiency Standards
for Residential and Nonresidential Buildings," specifies requirements to achieve the State's
minimum energy efficiency standards. The standards apply to new construction of both
residential and nonresidential buildings, and regulate energy consumed for heating, cooling,
ventilation, water heating and lighting. Compliance with these standards is verified and
enforced through the local building permit process. Projects that apply for a building
permit on or after January 1, 2010, must comply with the 2008 Energy Efficiency Standards.
In addition, the California Energy Commissions' EnergyAware P/arming Guide is available as
a reference tool to assist in project planning.
Regulatory Setting
State
Schools
School Facilities Act of 1998
The School Facilities Act of 1998 (also known as Senate Bill [SB] 50), provides state funding
for new school construction projects that can satisfy certain criteria for such funding,
including eligibility due to growth, Division of State Architect plan approval. However, the
Act also dramatically limits the maximum amount of impact fees, which can be charged by
school districts as mitigation for new residential, commercial, and industrial construction.
The Act also prohibits local agencies from denying a development application on the basis
of a person's refusal to provide school facilities mitigation that exceeds the fee amount and
refusing to approve any legislative or adjudicative act on the basis that school facilities are
inadequate.
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Parks and Recreation
Quimby Act
Since the passage of the 1975 Quimby Act (California Government Code Section 66477),
cities and counties have been authorized to pass ordinances requiring that developers set
aside land, donate conservation easements, or pay fees for park improvements. The goal
of the Quimby Act was to require subdividors to provide park and recreational lands to
meet the increased demand from new subdivisions. Originally, the Act was designed to
ensure "adequate" open space acreage in jurisdictions adopting Quimby Act standards,
which ranged from three to five acres per 1,000 residents.
Water Supply and Distribution
Title 22 California Code of Regulations
The California Department of Public Health (CDPH) promulgates and enforces state
regulations for drinking water treatment facilities and distribution systems. These state
regulations are at least as strict as federal drinking water regulations, although not all federal
regulations are currently incorporated into corresponding state regulations. These state
drinking water regulations are contained in California Code of Regulations (CCR) Title 22.
The CDPH also regulates the distribution and use of recycled water through CCR Title 22.
Urban Water Management Plan
In 1983, the California Legislature enacted the Urban Water Management Planning Act
(Water Code Sections 10610 - 10656). The California Urban Water Management Planning
Act requires that each urban water supplier, providing water for municipal purposes either
directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet
of water annually, shall prepare, update and adopt its urban water management plan at
least once every five years on or before December 3 1, in years ending in five and zero.
Wastewater Treatment
Clean Water Act
The Federal Water Pollution Control Act Amendments of 1972 (CWA (33 U.S.C. 1251 et
seq.)) have as their goal the restoration of the physical, chemical, and biological integrity of
the nation's waters. The primary regulatory mechanism to achieve the goal is the National
Pollutant Discharge Elimination System (NPDES). The CWA requires that parties seeking
to discharge pollutants to the water of the United States obtain a permit under the
NPDES. The federal government has delegated responsibilities for implementing the CWA
NPDES program in California to the State. A discharge of pollutants from a source with a
single readily identifiable point of discharge, such as a municipal wastewater outfall, is only
permitted if it meets certain quality standards, known as effluent limits. Effluent limits are
based on available wastewater treatment technology. For surface water discharges of
stormwater runoff, additional regulations may apply, as discussed further below.
CWA Section 303(d)(1)(A) requires states to identify surface waters within their
boundaries where numeric or narrative water quality objectives are not being achieved or
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maintained and/or where beneficial uses are not fully protected after application of
technology-based controls. Section 401 of the CWA requires applicants for federal
licenses or permits to obtain safe certification that any discharge of pollutants to surface
waters from a proposed activity will comply with the CWA, including applicable water
quality standards. CWA Section 404(b)(1) Guidelines (40 CFR 230) regulate dredge and
fill activities that affect jurisdictional wetlands and waters, including water quality aspects of
such activities.
California Porter-Cologne Act
The California Porter-Cologne Act created an administrative structure and procedures for
management of water quality in the state. California's water quality program is
administered by the State Water Resources Control Board (SWRCB) and by nine Regional
Water Quality Control Boards (RWQCBs). Each RWQCB is responsible for regulating
water quality within their watershed. In accordance with the Porter-Cologne Act, each
RWQCB implements the Basin Plan developed for its region by issuing and enforcing waste
discharge requirements to individuals, communities, or businesses whose waste discharges
can affect water quality. These requirements can be either waste discharge requirements
(WDRs) for discharges to land (which may impact groundwater), or federally delegated
NPDES permits for discharges to surface water.
Solid Waste
Integrated Waste Management Act
The Integrated Waste Management Act (AB 939) mandates that communities reduce their
solid waste. The Act requires local jurisdictions to divert 25 percent of their solid waste by
1 995 and 50 percent by 2000, compared to a baseline of 1990. AB 939 also establishes an
integrated framework for program implementation, solid waste planning, and solid waste
facility and landfill compliance.
Local
City of Dublin Public Facilities Fee
Chapter 7.78, Public Facilities Fee of the City of Dublin Municipal Code establishes a public
facilities fee in order to finance public facilities and to pay for each development's fair share
of construction and acquisition costs of improvements to public facilities that are caused by
future development.
City of Dublin General Plan
The following policies in the City of Dublin General Plan are applicable to public services
and utilities within the project area:
Parks/Recreational Facilities
Guiding Policy A. Expand park areas throughout the primary and extended planning areas
to serve new development.
Guiding Policy B. Maintain and improve outdoor facilities in conformance with the
recommendations of the City's Parks and Recreation Master Plan.
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Implementing Policy C. Acquire and improve parklands in conformance with the standards
and policies recommended in the City's Parks and Recreation Master Plan.
Solid Waste
Guiding Policy A. Ensure that adequate solid waste disposal capacity is available to avoid
constraining development consistent with the Dublin General Plan.
Implementing Policy B. Continue to enforce City Source Reduction and
Recycling/Household Hazardous Waste Elements.
Implementing Policy C. Cooperate with Alameda County, as necessa , for adoption and
ry
implementation of the County Integrated Waste Management Plan,
Implementing Policy D. Prior to project approval, the applicant shall demonstrate that
capacity will exist in solid waste disposal facilities for their projects prior to issuance of
building permits.
Implementing Policy E. Large scale projects should be required to submit a plan that
demonstrates how they will contribute towards the City's State mandated diversion
requirement.
Sewage Treatment and Disposal
Guiding Policy A. Expand sewage treatment and disposal capacity to avoid constraining
development consistent with the Dublin General Plan.
Implementing Policy B. Prior to project approval, developers shall demonstrate that
adequate capacity will exist in sewage treatment and disposal facilities for their projects
prior to the issuance of building permits.
Water Supply
Guiding Policy A. Base General Plan proposals on the assumption that water supplies will
be sufficient and that local wells could be used to supplement imported water if necessary.
Implementing Policy B. Consider obtaining water from the East Bay Municipal Utility
District and other sources.
Relevant Project Characteristics
Public Services
Based on a population estimate of 2.73 persons per household and construction of 54
residential units, the proposed project would increase the population by approximately 147
persons, which would increase the demand for fire and police protection service;
educational facilities; parks and recreation facilities; and library services. Utilities would be
served by existing services and upgraded to serve the proposed project.
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Impacts and Mitigation Measures
Criteria for Determining Significance
In accordance with the CEQA, State CEQA Guidelines, agency and professional standards,
a project impact would be considered significant if the project would:
E Result in substantial adverse physical impacts associated with the provision of or
need for new or physically altered governmental facilities, the construction of which
could cause significant environmental impacts, to maintain acceptable service ratios,
response times, or other performance objectives for any of the public services:
• Fire protection,
• Police protection,
• Schools,
• Parks, or
• Other public facilities;
Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board;
E Increase the use of existing neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be
accelerated;
Result in a determination by the wastewater treatment provider that serves or may
serve the project that it has inadequate capacity to serve the project's projected
demand in addition to the provider's existing commitments;
E Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects;
E Have insufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed;
E Require or result in the construction of new stormwater drainage facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects;
• Be served by a landfill with insufficient permitted capacity to accommodate the
project's solid waste disposal needs; and/or
• Comply with federal, state and local statutes and regulations related to solid waste.
Methodology
Information in this section is derived primarily from the City of Dublin General P/an, the
DSRSD Urban Water Management Plan, Dublin Unified School District Demographics
Update, as well as personal communication with service providers.
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Impacts and Mitigation Measure
Electricity, Gas and Telecommunications
Comcast currently provides cable television and Internet service; AT&T and numerous
long-distance telecommunication companies provide telephone and cellular phone service;
and PG&E provides electrical and natural gas services to the City. The project site is already
served by these utilities and there is adequate infrastructure in place both on and adjacent
to the project site to serve the proposed project. As such, redevelopment of the
proposed project is not anticipated to result in the need for construction of new electricity,
gas or telecommunications infrastructure. Therefore, the proposed project would have no
impact on electricity, gas and telecommunications.
Increased Demand for Fire Protection Service
Impact 3.10-1: The proposed project would not significantly increase the need for
fire protection services such that it would result in the need for or
the construction of new or physically altered facilities to meet the
City's response times or other standards for fire protection services.
This is considered a less than significant impact.
The City of Dublin contracts with the Alameda County Fire Department to provide fire
and rescue services. The County of Alameda currently provides the City with 36 line
personnel that are assigned to the City at three fire stations (Stations 16, 17 and 18).
Station No. 16 located at 7494 Donohue Dr. would be the first responder to any fire or
emergency occurring within the project vicinity. This station has one engine and one truck
company.
Although the number of calls for service from the project site would likely increase with
redevelopment of the project site from commercial/office use to residential and
commercial/office use, the proposed project would be required to meet certain State
building and fire codes. Typically, these codes require a development plan that provides for
fire protection systems, ingress and egress, maximum occupancy limitations, and
construction techniques and materials dictated by the proposed use of the structure (refer
to the City of Dublin's Municipal Code, Chapter 5.08, Fire Code). Specifically, the Fire
Department would review for conformance with locally-defined performance standards,
including the California Fire Code, as adopted by the Fire Department, and California
Building Code standards. Site access, capacity of the water mains, road widths and turning
radii, road grades, surfacing, load bearing capability, sprinkler systems, stand pipes, smoke
detectors, and fire alarms would also be reviewed for consistency with Fire Department
standards.
The proposed project will be required to fund its own project-specific on-site and off-site
improvements consistent with existing City regulations and requirements. The City would
collect public facilities fees (Chapter 7.78 of the City of Dublin Municipal Code) from the
project applicant to help off-set fire protection-related capital improvements and on-going
maintenance expenses incurred by new development prior to issuance of a Building Permit.
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As the proposed project would be required to comply with the Fire Code and other
applicable fire protection regulations and to pay the City's public facilities fee, the proposed
project is not expected to create any adverse impacts on fire protection services that
would result in significant environmental impacts. Therefore, this would be considered a
less than significant impact, and no mitigation is required.
Increased Demand for Law Enforcement Service
Impact 3.10-2: The proposed project would not significantly increase the need for
law enforcement services, which would result in the need for the
construction of new or physically altered facilities in order to meet
the City's response times. Therefore, the proposed project would
have a less than significant impact on law enforcement services.
The City of Dublin contracts with the Alameda County Sheriffs Department for police
services. The County Sheriff, under consultation with the City, designates a commanding
officer that functions and is empowered to act as the City's Police Chief. Patrol, criminal
investigation, crime prevention, and business office functions are handled at the Dublin
Civic Center location. Dublin Police Services is staffed so that there is a five-minute
response time to all emergency calls. The City of Dublin has 51 sworn personnel with a
population of 46,572, for a ratio of 1.09 sworn personnel per 1,000 residents.
Although the addition of new residents to the project site would slightly increase the
demand for police services as compared to commercial/office uses on the project site,
implementation of the proposed project is not anticipated to have an adverse effect on
response times for police services and would not affect the Department's ability to serve
the proposed project.
The proposed project would be required to comply with Chapter 7.32.300 (Building
Security) and Chapter 7.32.3 10 (Nonresidential building security) of the City's Building
Code, which includes building standards aimed at reducing law enforcement calls within the
City. In addition, the City would collect public facilities fees (Chapter 7.78 of the City of
Dublin Municipal Code) from future development to help off-set police service capital
improvements and on-going maintenance expenses incurred by the new development
prior to issuance of a Building Permit to ensure that the proposed project will not cause
impacts on law enforcement services that would result in significant environmental impacts.
Therefore, the proposed project would have a less than significant impact on law
enforcement services, and no mitigation is required.
Increased Demand for Educational Facilities
Impact 3.10-3: Implementation of the proposed project would increase the number
of students in the Dublin Unified School District (DUSD). The
proposed project would include the construction of 54 residential
units, which would generate approximately 28 students. These
students would attend Dublin Elementary School, Wells Middle
School and Dublin High School The proposed project would be
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required to pay school impact fees as required under State law to
the DUSD. This is considered a less than significant impact
The proposed project would allow for a future net new development potential with a
maximum of 54 residential units within the project site. Children from the proposed
residential dwelling units would likely attend DUSD schools including: Dublin Elementary
School; Wells Middle School; and Dublin High School. Based on the DUSD's student
generation rate for medium density housing (single family residential with lots less than
4,000 square feet) of 0.525 K-12 students per home and 54 homes, the proposed project
would generate approximately 28 students. As shown in Table 3.10-1: Enrollment Capacity
of Schools Serving the Project Site, there is currently an excess capacity of 977 students at
the schools that would serve the proposed project.
Future development within the project site would be required by law to pay school impact
fees at the time of the building permit issuance. The DUSD currently charges development
fees in the amount of $2.97 per square foot of residential development and $0.47 per
square foot for commercial and industrial uses. These fees are used by the DUSD to
mitigate impacts associated with long-term operation and maintenance of school facilities.
A project applicant's fees would be determined at the time of the building permit issuance
and would reflect the most current fee amount established by the DUSD. School fees
exacted from residential and commercial uses would help fund necessary school service
and facilities improvements to accommodate anticipated population and school enrollment
growth within the DUSD service area, and would allow for the DUSD to allocate these
funds as deemed necessary. Therefore, the increased demand on the DUSD is considered
a less than significant impact on school services, and no mitigation is required.
Increased Demand for Park and Recreation Facilities
Impact 3.10-4: The proposed project would increase the demand for park and
recreational uses within the project site. However, development
projects within the project area would be required to pay the City's
Public Facilities Fee prior to Building Permit issuance. This is
considered a less than significant impact.
ion of the proposed project would increase the demand for neighborhood and
Implementat
community parks due to the projected increase in the residential population generated by
the proposed project. The City of Dublin Genera/Plan establishes park standards that call
for five net acres per 1,000 residents. Based on a population estimate of 2.73 persons per
household and construction of 54 residential units, the proposed project would increase
the population by approximately 147 persons. This would result in the demand of .73
acres of parks. The proposed project includes private open space at the residential units
(e.g. private porches).
The Parks and Community Services Department Public Facilities Fee would be applied to
development at the project site. The Public Facilities Fees would vary according to the size
of residential units, the location of the development, and a credit for the dedication of land
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and funding for construction of the parks. With payment of the City's public facilities fees
(Chapter 7.78 of the City of Dublin Municipal Code), the proposed project would have a
less than significant impact on park and recreation facilities in the City, and no mitigation is
required.
Increased Demand for Library Services or Other Public Facilities
Impact 3.10-5: The proposed project would result in an increase in demand for
library services. The proposed project would provide adequate
property tax revenue to the City, a portion of which is used to fund
libraries and other public facilities. Existing library facilities have
adequate capacity to serve the proposed project. In addition, the
proposed project would not physically impact other public facilities.
This is considered a less than significant impact.
The Dublin Library is a partnership between the City of Dublin and Alameda County
Library. Although the proposed project would increase the demand for library services,
funding for additional library facilities and other public facilities would be provided with an
increase in property taxes and therefore additional demand for these services could be met
concurrent with implementation of the proposed project. Implementation of the proposed
project is not anticipated to require the construction of new library facilities; would not
cause or accelerate the physical deterioration of existing library facilities; and would not
physically impact other public facilities. This would be considered a less than significant
impact, and no mitigation is required.
Change in Wastewater Demand
Impact 3. 10-6 The proposed project would result in a decrease in the amount of
wastewater generated at the project site. Implementation of the
proposed project would not require the construction of new
wastewater treatment facilities, or the expansion of existing facilities.
Additionally, the existing service provider has an adequate capacity
to meet this demand. Therefore, this would be considered a less
than significant impact.
DSRSD provides wastewater collection services in the project vicinity. The proposed
project would connect to the existing eight inch sanitary sewer main located in Donlon
Way. The existing sewer is approximately five feet deep at the proposed tie-in point and
therefore the proposed project would require installation of a sewer pump. The on-site
sewer system would serve the Single Family Residential Lots 8 to 54 and Lots I to 7 and
would have laterals connecting to the existing sewer main located within Donlon Way. A
separate sewer lateral would be installed for the commercial office building, which would
connect to the existing main in Donlon Way.
As shown in Table 3.10-3: Proposed Wastewater Generation, the proposed project would
result in a dry weather flow of 1,410 gallons per day (gpd) based on an average daily flow
of 256 gpd per Single Family Residential unit and 367 gpd per acre for commercial/office
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use. Compared to the existing wastewater generation of 2,426 gpd, the proposed project
would result in a reduction of the dry weather flow of 1,674 gpd.
Table 3.10-3:Wastewater Generation
Wastewater
Land Use Units and Acres Wastewater Generation Rate* Generation
Existing Land Use
Commercial/Office 6.6 Acres 367.64 gallons per day per acre 2,426 gpd
2,426 d
Subtotal
Pro osed Land Use
Commercial/Office 367.64 gallons per day per acre
0.75 Acres
Single Family Residential 256 gallons per day per SFR
54 SFR units SFR ,410 d
Subtotal -I,1 674 d
Total
*Rates from DRSD
Based on the existing wastewater generation, the proposed project is not anticipated to
result in dry weather wastewater flows that exceed existing infrastructure in the project
vicinity. The proposed project would be responsible for the cost and construction of new
backbone infrastructure, including the extension of collection lines required to serve the
proposed project.
Public facility improvements for sanitary sewer drainage are managed and maintained by
the DSRSD. In the District's Capital Improvement Plan, the costs of capital improvement
projects are assigned to Local Sewer Replacement (Fund 210) and/or Local Sewer
Expansion (Fund 220). The Replacement fund represents costs that are allocated to
existing users (generally through sewer rates), and the Expansion fund represents the costs
allocated to future users (generally through connection fees). Implementation of these
actions would ensure that adequate wastewater infrastructure exists to serve the proposed
project. In addition, implementation of the proposed project would comply with
wastewater treatment requirements established by the Regional Water Quality Control
Board (RWQCB).
The wastewater treatment plant has an excess capacity of 5.52 million gallons per day and
could adequately serve the proposed project and therefore would have a less than
significant impact on the existing wastewater treatment plant. The proposed project would
be required to pay the sanitary sewer connection fee to the DSRSD in order for the
District to serve the proposed project. This is considered a less than significant impact, and
no mitigation is required.
Change in Water Demand and Extension of Water Infrastructure
Impact 3.10-7: Implementation of the proposed project would result in a decrease
in the water demand at the project site. This would be considered
a less than significant impact.
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As shown in Table 2-1: Existing and Proposed Water Demand, the proposed project
would result in a decrease of 26,669 gallons per day with redevelopment of the project site
from commercial/office to residential and commercial/office uses.
The project site has multiple water laterals, which serve the existing office buildings located
off of Donlon Way. The proposed project would include an additional connection point to
the existing eight-inch main within Dublin Boulevard to create a looped system. As shown
in Figure 2-10: Preliminary Utility Plan, the on-site water system will serve Single Family
Residential Lots 8-54, while Lots 1-7 will be served with individual laterals from the public
water main located in Donlon Way.
The proposed project would be required to pay connection and other fees to Zone 7 and
DSRSD who currently charge connection fees for the construction of planned water
system capital improvements including storage, pumping, transmission, and on-going system
water maintenance and improvements. With the payment of connection fees, the
proposed project would result in a less than significant impact to water infrastructure in the
City.
Change in Stormwater Runoff
Impact 3. 10-8: Implementation of the proposed project would result in a decrease in
stormwater flows through the project site. The proposed project would be
required to install proposed drainage improvements and pay applicable
impact fees at the time of issuance of the building permits. Therefore, this is
considered a less than significant impact.
As previously mentioned, the City of Dublin Public Works Department maintains the City's
storm drain pipelines that are located within public streets. Zone 7 owns and operates
regional storm drain facilities that collect runoff from the City.
Surface water management consists of both on-site runoff and the management of off-site
runoff extending through or around the project site. As part of demolitions, a majority of
existing storm drain facilities would be removed from the project site. As described in
Table 3.7-1: Pre- and Post- I 0-Year Stormwater Flows, implementation of the proposed
project would decrease the net peak I 0-year storm water flows from the project site from
13.4 cfs to 1 1.9 cfs, for a net reduction of 1.5 cfs,
All stormwater would be detained on-site in one of three bioretention basins before being
discharged into existing stormwater facilities. Stormwater in the residential area would
drain into two bioretention basins located at the southern edge of the project site (Parcel
D and Parcel E), before being discharged into an existing 24-inch storm drain pipe and into
Dublin Creek.
Stormwater from the proposed commercial office building would be collected in a separate
bio-retention basin located within a re-configured parking lot before being discharged into a
27-inch storm drain located under Dublin Boulevard.
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In accordance with the Alameda County Clean Water Program, low impact design (LID)
site design measures for water quality protection will be implemented to adequately
address the impacts of the proposed project and to show compliance with the post-
construction, long-term requirements of Provision C.3. Water quality features include
bioretention areas, flow-through planters, tree well filters, median filters and "treatment
trains." Trash capture facilities would also be incorporated into the system. These on-site
facilities would be connected to the stormwater drain system in the backbone roadways.
Stormwater Pollution Previsions Plans (SWPPPs) would also be prepared, as a separate
document, to control short-term construction-related discharge pollutants as required by
the CA State Water Resources Control Board Order No. 99-08-DWQ.
In addition to installing the proposed drainage improvements, the proposed project would
be required to pay applicable impact drainage fees at the time of development, which
includes development impact fees to Zone 7 based on total increases in impervious
surfaces associated with future development. Compliance with existing stormwater
regulations and payment of these development impact fees to Zone 7 would ensure that
the proposed project would result in a less than significant impact on stormwater
infrastructure and services, and no mitigation is required
Change in Generation of Solid Waste
Impact 3.10-9: Implementation of the proposed project would increase the generation of
solid waste, but would be served by landfills with adequate capacity to
accommodate the increase. This is considered a less than significant impact.
Development of the proposed project would convert the project site from commercial
office uses to a combination of residential and commercial development within the City.
Solid waste services are currently provided by Amador Valley Industries (AVI) and include
the collection of waste, recycling, and organics.
The proposed project would also generate construction debris during construction
activities from the demolition of the existing office uses and removal of other
improvements (e.g. asphalt and building materials, etc.). The City requires all construction
and demolition projects to recycle at least 50 percent of waste generated on a job site
(Chapter 7.30 of the Municipal Code). The City of Dublin also has an aggressive and
comprehensive recycling program. All single-family residences are provided with recycling
containers. In addition, free recycling service is available to all commercial customers that
subscribe to solid waste collection.
All solid waste generated by development under the proposed project would be deposited
at the Altamont Landfill. The Altamont Landfill has a total estimated permitted capacity of
62,000,000 cubic yards. The total estimated capacity used is 16,280,000 cubic yards (or
26.3 percent), and the remaining estimated f this capacity is at 45,720,00 cubic landfill is January 20290 Developmdent under
percent). The estimated closure date
the proposed project would occur over an extended period of time, meaning the Altamont
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Landfill would see an incremental increase in additional project solid waste until ultimate
buildout of the proposed project.
The proposed project calls for the construction 54 residential homes and a 14,000 square
foot commercial office building. Table 3.10-5: Proposed Project Solid Waste Generation
Rates provides the projected amount of solid waste with implementation of the proposed
project.
Table 3.10-5: Proposed Project Solid Waste Generation Rates
Solid Waste Generation Solid Waste
Land Use S uare FeetlUnits Rate* Generation
Existin Land Use
Non-Residential (Office) 110,000 2.5 lb./1000 sq. ft./day
.1375 tons/day
Subtotal 1375 tons/da
Pro osed Land Use
Non-Residential
(Commercial 14,000 sq. ft. 2.5 Ib./1000 sq. ft./day
017 tons/day
Retail/Office
Residential .
1223 lb./unit/day 54 residential units 33 tons/day
Subtotal
Difference 12.48 tons/day
1).34 tons/da
*Rates from CalRec cle Website:,2013
The proposed project would generate approximately 12.34 tons of waste per day. The
Altamont Landfill's permitted maximum disposal rate is 1 1,500 tons/day. The proposed
project's solid waste generation amount represents approximately 0.1 percent of the
landfill's maximum daily disposal rate. In addition, future development within the project
area would be required to reduce 75 percent of trash through recycling and the
composting of organics, which would also reduce the overall waste generation of the
proposed project. Therefore, the Altamont Landfill has sufficient capacity to accommodate
the waste disposal needs of the proposed project. This would be considered a less than
significant impact, and no mitigation is required.
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CEQA Consideration
4. CEQA Considerations
This section of the EIR discusses long-term implications of the proposed project as required
by CEQA. The topics discussed include significant irreversible commitment of resources,
growth-inducing impacts, significant and unavoidable environmental effects, energy
conservation and effects found not to be significant. Cumulative impacts and alternatives to
the proposed project are also discussed herein.
4.1 Significant and Unavoidable Environmental Effects
Unavoidable adverse impacts are those effects of the proposed project that would
significantly affect the environment, and cannot be mitigated to a less-than-significant level
as identified in the previous analyses. The proposed project would not result in any
significant and unavoidable impacts.
4.2 Significant Irreversible Changes
Section 15126.2(c) of the State CEQA Guidelines requires an EIR to discuss the significant
irreversible environmental changes that would be involved if the proposed project would
be implemented. Examples include the following: uses of nonrenewable resources during
the initial and continued phases of the project, since a large commitment of such resources
makes removal or nonuse thereafter unlikely; primary and secondary impacts of a project
that would generally commit future generations to similar uses (e.g., highway improvements
that provide access to a previously inaccessible area); and/or irreversible damage that could
result from any potential environmental accidents associated with the proposed project.
Analysis
Although, the project site is currently developed, a variety of nonrenewable and limited
resources would be irretrievably committed for construction and operation of the
proposed project, including but not limited to: oil, natural gas, gasoline, lumber, sand and
gravel, asphalt, steel, water, land, energy, and construction materials. With respect to
operational activities, compliance with all applicable building codes, as well as project
mitigation measures or project requirements, would ensure that all natural resources are
conserved or recycled to the maximum extent feasible.
The proposed project would result in an additional demand on public services and utilities.
For example, an increase in the intensity of land uses within the project site would result in
an increase in regional electric energy consumption to satisfy additional electricity demands
from the proposed project. These energy resource demands relate to initial project
construction, transport of goods and people, and lighting, heating, and cooling of buildings.
However, the proposed project would not involve a wasteful or unjustifiable use of energy
or other resources, and energy conservation efforts would occur with new construction. In
addition, the proposed project would be constructed and operated in accordance with
specifications contained in Title 24 of the California Code of Regulations. Therefore, the
use of energy on-site would occur in an efficient manner.
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CEQA Considerations
4.3 Growth Inducement
CEQA requires that growth-inducing aspects of a project be discussed in an EIR.
According to CEQA, it must not be assumed that growth in any area is necessarily
beneficial, detrimental or of little significance to the environment. A project would have
growth-inducing effects if it would:
• Foster economic or population growth, or the construction of additional housing
(either directly or indirectly) in the surrounding environment;
• Remove obstacles to population growth;
• Tax existing community services or facilities, requiring the construction of new
facilities that could cause significant environmental effects; or
• Encourage and facilitate other activities that could significantly affect the
environment, either individually or cumulatively.
If a project meets any one of these criteria, it may be considered growth inducing.
Generally, growth inducing projects are either located in isolated, undeveloped, or
underdeveloped areas, necessitating the extension of major infrastructure such as sewer
and water facilities or roadways, or encourage premature or unplanned growth.
To comply with CEQA, an EIR must discuss the ways in which the proposed project could
promote economic or population growth in the vicinity of the project and how that growth
will, in turn, affect the surrounding environment [CEQA Guidelines Section 15126.2(d)].
Foster Economic Growth
The proposed project would increase population growth through increased residential
units, which would indirectly contribute to commercial sales and activities within the City, as
well as enhance the economic viability of the regional area.
The positive revenue stream may result in the creation of indirect and induced jobs.
Indirect jobs are those that would be created when the future owners and/or managers of
the retail-commercial uses purchase goods and services from businesses in the City and the
region, and induced jobs are those that are created when wage incomes of those
employed in direct and indirect jobs are spent on the purchase of goods and services in
City and the region.
The project fosters economic growth primarily as the result of purchases of goods and
services as well as payment of taxes and salaries, which affects the regional economy of the
City and County, and on a more indirect basis, California. Therefore, the positive revenue
stream and the resulting increased economic viability of the proposed project could result
in indirect growth-inducing impacts.
Remove Obstacles to and/or Foster Population Growth
Growth can be induced in a number of ways, including the direct construction of new
homes and businesses, the elimination of obstacles to growth, or through the stimulation of
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economic activity within the region. The discussion of the removal of obstacles to growth
relates directly to the removal of infrastructure limitations (typically through the provision
of additional capacity or supply), or the reduction or elimination of regulatory constraints
on growth that could result in growth unforeseen at the time of project approval.
The elimination of either physical or regulatory obstacles to growth is considered to be a
growth-inducing effect. A physical obstacle to growth typically involves the lack of public
service infrastructure. The extension of public service infrastructure, including roadways,
water mains, and sewer lines, into areas that are not currently provided with these services
would be expected to support new development. Similarly, the elimination or change to a
regulatory obstacle, including existing growth and development policies, could result in new
growth.
The proposed project would not induce substantial population growth in the area beyond
that already forecasted for the City of Dublin. The City of Dublin Housing Element
estimates that the population of the City will be 62,700 residents in 2020. The proposed
project provides for the future development of 54 residential dwelling units. Based on
population estimates of 2.73 persons per household, the proposed project would increase
the population in the City by approximately 147 persons. With a current population of
approximately 46,934 residents in the City, the proposed project would represent
approximately .58 percent of this growth.
Although the proposed project would increase the population in the City and includes a
General Plan and Specific Plan Amendment, the proposed designations would be generally
consistent with the nature of surrounding development; would be within the estimate of
population growth per the City of Dublin Housing Element, and would represent an
incremental increase in population with implementation of the proposed project.
Therefore, the proposed project would not be growth inducing as a result of removing an
obstacle to growth.
Tax Existing Community Services or Facilities or Encourage Other Activities that Could
Affect the Environment
The proposed project would not require significant regional public infrastructure upgrades
for any utility or service. Water demand, wastewater generation, and stormwater runoff
would be less as compared to existing conditions. Under these circumstances, the
proposed project would not be growth inducing as a result of taxing existing communities
or facilities such that construction of new facilities would be required or would not
encourage other activities that could affect the environment.
4.4 Energy Conservation
Public Resources Code Section 21 100(b)(3) and CEQA Guidelines Appendix F require a
description (where relevant) of the wasteful, inefficient, and unnecessary consumption of
energy caused by a project. In 1975, the California State Legislature adopted Assembly Bill
1575 (AB 1575) in response to the oil crisis of the 1970s. Appendix F of the State CEQA
Guidelines provides guidance for assessing potential impacts that a project could have on
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energy supplies, focusing on the goal of conserving energy by ensuring that projects use
energy wisely and efficiently. Because Appendix F does not include specific significance
criteria, this threshold is based on the goal of Appendix F. Therefore, an energy impact is
considered significant if the proposed project would:
Develop land uses and patterns that cause wasteful, inefficient, and
unnecessary consumption of energy or construct new or retrofitted
buildings that would have excessive energy requirements for daily
operation.
Project Energy Consumption
Short-Term Construction
In 1994, the U.S. Environmental Protection Agency (EPA) adopted the first set of emission
standards (Tier 1) for all new off-road diesel engines greater than 37 kilowatts (kW). The
Tier I standards were phased in for different engine sizes between 1996 and 2000,
reducing NOx emissions from these engines by 30 percent. The EPA Tier 2 and Tier 3
standards for off-road diesel engines are projected to further reduce emissions by 60
percent for NOx and 40 percent for particulate matter from Tier I emission levels. In
2004, the EPA issued the Clean Air Non-road Diesel Rule. This rule will cut emissions
from off-road diesel engines by more than 90 percent, and will be fully phased in by 2014.
As described in Section 3.2, Air Quality, the project would incorporate Mitigation Measure
3.2-1 b to ensure that the proposed project utilizes diesel construction equipment that is
equipped with Best Available Control Technology, complies with CARB's most recent
certification standards for off-road heavy duty diesel engines, and achieves a 20 percent
NOx reduction and 45 percent PM reduction during all construction phases.
Implementation of Mitigation Measure 3.2-1 b would not only reduce exhaust emissions,
but would also improve the fuel economy of the equipment fleet. As such, there are no
unusual project characteristics that would necessitate the use of construction equipment
that would be less energy-efficient than at comparable construction sites in the region or
State. Therefore, it is expected that construction fuel consumption associated with the
proposed project would not be inefficient, wasteful, or unnecessary. Also, diesel powered
construction equipment in general will continue to become more efficient as the EPA
standards phase in.
Long Term Operations
Transportation Energy Demand
Pursuant to the Federal Energy Policy and Conservation Act of 1975, the National Highway
Traffic and Safety Administration (NHTSA) is responsible for establishing additional vehicle
standards and for revising existing standards. Since 1990, the fuel economy standard for
new passenger cars has been 27.5 miles per gallon (mpg). Since 1996, the fuel economy
standard for new light trucks (gross vehicle weight of 8,500 pounds or less) has been 20.7
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mpg. Heavy-duty vehicles (i.e., vehicles and trucks over 8,500 pounds gross vehicle weight)
are not currently subject to fuel economy standards. Compliance with Federal fuel
economy standards is not determined for each individual vehicle model. Rather,
compliance is determined based on each manufacturer's average fuel economy for the
portion of their vehicles produced for sale in the United States.
As discussed in Section 4.5, Effects Found Not to be Significant, the proposed project
would result in a 600 net vehicle trip reduction as compared to existing conditions. In
addition, the project site is located in proximity to the West Dublin/Pleasanton BART
station, and Wheels Routes 503, 10, 3, and R transit stops. As such, the proposed project
is not anticipated to result in any unusual characteristics that would result in excessive long-
term operational fuel consumption. The proposed project involves typical residential, and
office use type trips which would include internal trip capture rates. Fuel consumption
associated with vehicle trips generated by future development within the project area
would not be considered inefficient, wasteful, or unnecessary.
Other Non-Motorized Transportation Options
The Livermore Amador Valley Transit Authority (LAVTA) provides public transportation
for the Tri-Valley communities of Dublin, Livermore and Pleasanton. Additionally, the
Dublin/Pleasanton BART station provides LAVTA with easy connections to San Francisco
and the East Bay via BART. Additionally LAVTA operates the Wheels local bus system,
which provides regular bus service in Dublin as well as bus rapid transit service along Dublin
Boulevard. The project site is located within 0.50 miles of the West Dublin/Pleasanton
BART station, and 0.40 miles of Wheels Bus Routes 503, 10, 3, and R transit stops.
Residents and employees would be encouraged to utilize the existing transit options in the
project vicinity. The proximity of the project site to BART and Wheels routes would
reduce the number of trips to and from the proposed project. The proposed project
would not result in the inefficient, wasteful, or unnecessary consumption of transportation
energy.
Building Energy Demand
According to Appendix B, Air Quality and Greenhouse Gas Data, the proposed project
would result in a net reduction of approximately 1.54 million kilowatt hours (kWh)
demand of electricity per year compared to the existing office complex on-site . In addition,
the proposed project would be expected to result in a net consumption reduction of
232,360 British Thermal units (BTU) of natural gas per year compared to existing
conditions. The proposed project would involve operations typical of residential and office
uses, requiring electricity and natural for typical lighting, climate control, and day-to-day
activities. Additionally, as stated in Section 3.5, Greenhouse Gas Emissions and C/imate
Change, the proposed project would incorporate energy efficiency measures, including
exceeding Title 24 requirements, and high efficiency lighting. Therefore, the proposed
project would not be considered inefficient, wasteful, or unnecessary .
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Energy Efficiency Measures
Title 24, California's Energy Efficiency Standards for Residential and Non-residential
Buildings, was established by the California Energy Commission (CEC) in 1978 in response
to a legislative mandate to create uniform building codes to reduce California's energy
consumption, and provide energy efficiency standards for residential and non-residential
buildings. In 2010, the CEC updated Title 24 standards with more stringent requirements.
The 2010 Standards are expected to substantially reduce the growth in electricity and
natural gas use. Additional savings result from the application of the Standards on building
alterations. For example, requirements for cool roofs, lighting, and air distribution ducts are
expected to save about additional of electricity. These savings are cumulative, doubling as
years go by.
Implementation of the project design features would result in reduced project-related
GHG emissions. For example, the proposed project would comply with the Tier I
requirements of Title 24, Part I I (California Green Building Standards Code) of the
California Code of Regulations. Tier I requires projects to exceed Title 24 by 15 percent.
Additionally, the proposed project would install high efficiency lighting. The project would
adhere to all Federal, State, and local requirements for energy efficiency. As such, the
proposed project would not result in the inefficient, wasteful, or unnecessary consumption
of building energy.
4.5 Effects Found Not to be Significant
A significant effect on the environment is defined as a substantial or potentially substantial
adverse change in the physical environment (CEQA Guidelines Section 15382). The term
"environment,'' as used in this definition, means the physical conditions that exist within the
area that will be affected by a proposed project including land, air, water, minerals, flora,
fauna, ambient noise and objects of historic or aesthetic significance. The area involved
shall be the area in which significant effects would occur either directly or indirectly as a
result of the proposed project. The "environment" includes both natural and man-made
conditions (CEQA Guidelines Section 15360).
Detailed analyses and discussion of environmental topics found to be significant are
provided within Section 3.0 of this EIR. Section 3.0 also identifies impacts that are found to
be less than significant. The project site is an urban infll area and the following
environmental resources do not exist on the project site and/or are not considered to have
the potential to cause a significant environmental impact. As such, detailed analyses of the
following environmental resources were not included in the EIR:
E Agricultural and Forest Resources — The project site is developed and is not being
utilized for agricultural uses. The project site is designated ''Other Land'' on the
Alameda County Important Farm/and Map that is published by the California
Department of Conservation (DOC). In addition, the project site does not contain
any forest resources as defined by the CEQA Guidelines.
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Biological Resources - The proposed project would remove 107 trees, 16 of which
are classified as Heritage trees. Of these Heritage trees, five of them are California
black walnuts located on the western edge of Donlon Way. 30 trees would be
preserved including three Heritage trees; namely two coast redwoods (29-inch and
25-inches in diameter) and one coast live oak (28 inches in diameter) located on
ject site. To help off-set the impacts to these Heritage
the perimeter of the pro
Trees, the project applicant has agreed to fund the City in the amount of $19,000
to assist in the planting trees in the proposed Orchard in the Heritage Park. This
payment would be provided to the City prior to issuance of the site grading permit.
As shown in Figure 2-13: Landscaping Plan, the proposed project would include
extensive on-site landscaping. This includes planting 13 trees (36'' box) along
Donlon Way. Numerous other trees and shrubs would be planted on site
including redwoods, crape myrtle, Japanese maple, and Southern magnolia.
Mineral Resources — According to the California Department of Conservation,
Califomia Geologic Survey, the project site is not identified as an area with
significant mineral deposits (DOC 2013).
Population and Housing - The proposed project provides for the future
development of a maximum of 54 residential dwelling units. Based on population
estimates of 2.73 persons per household and 54 residential units, the proposed
project would increase the population by approximately 147 persons upon buildout
of the proposed project. With a current population of approximately 46,934
residents in the City, the proposed project would represent approximately .31
percent of this growth. Although the proposed project would increase the
population in the City and includes a General Plan Amendment, the proposed
designations would be consistent with the nature of surrounding development;
would be within the estimate of population growth per the City of Dub/in Housing
Element. See also, Section 4.3 above regarding growth inducement.
There is no existing housing within the project site and therefore, the proposed
project would not displace any existing housing.
Transportation and Circulation - As shown in Table 4-1: Trip Generation of the
Proposed Project Compared to Existing Conditions, the proposed project would
result in a decrease in average daily trips during the AM and PM peak hours as
compared to the trip generation for the existing development.
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Table 4-1: Trip Generation of the Proposed Project Compared to Existing Conditions
ITE Description ITE Size Units Trips
Code Daily AM PM
Existing Conditions
General Office 710 I 1 0,000 SF I,4 I I 207 202
Proposed Trip Generation
General Office 710 14,000 SF 294 39 94
Single Family
Residential 210 54 DU 517 41 55
Total 811 80 149
Delta -600 -127 -53
Source:RBF Consulting 2013
Based on this preliminary analysis which shows a net reduction in trips, and the fact that the
Downtown Dub/in Specific Plan EIR where most the project trips would be travelling
allows for relaxed level of service (LOS) standards in the downtown area, the proposed
project would have no impact during the AM and PM peak hour.
4.6 Cumulative Impacts
CEQA Requirements
CEQA defines cumulative impacts as two or more individual effects which, when
considered together, are substantial or which compound or increase other environmental
impacts. An evaluation of cumulative impacts is required by CEQA when they are
significant, but need not be as detailed as the discussion of project impacts. Cumulative
conditions are defined as conditions in the foreseeable future. The CEQA Guidelines
require that an EIR discuss the cumulative impacts of a project where the project's
incremental effect is cumulatively considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the effects of probable future
projects.
The criteria for determining significance of cumulative impacts are the same as those that
apply to the project-level analysis unless otherwise noted in this section, where other
agency standards regarding cumulative analyses may apply. Where the combined
cumulative impact associated with the project's incremental effect and the effects of other
projects is not significant, the EIR indicates why the cumulative impact is not significant and
is not discussed in further detail in the EIR. Where the EIR identifies a significant cumulative
impact, but finds that the project's contribution to that impact would be less than
considerable, an explanation for that conclusion is provided.
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According to the California State CEQA Guidelines section 15130 (a)(1), there is no need
to evaluate cumulative impacts to which the project does not contribute. Relevant
potential cumulative impacts to which the proposed project could contribute include:
aesthetics; air quality; cultural resources; geology and soils; hazards and hazardous materials;
hydrology and water quality; land use and planning; noise; public services and utilities; and
transportation and circulation. Each of these topics is addressed herein.
Cumulative Impacts Analysis and Assumptions
Impacts associated with cumulative development were analyzed based on the proposed
project's effects in combination with a summary of projections in the adopted City of
Dublin General Plan (February 1 1, 1985, Updated May 2013) and the City's Capital
Improvement Program (CIP).
Aesthetics
The proposed project is located within an already urbanized area of the City and neither
the project site nor surrounding area contain any scenic resources. Although
implementation of the proposed project would allow redevelopment of the project site
from commercial/office to residential and commercial/office uses, the proposed project is
consistent with the Dublin Village Historic Area Specific Plan which guides the design of
future development within the area. The design guidelines in the Dublin Village Historic
Area Specific Plan would also ensure that the proposed project does not introduce
substantial light and glare, which would pose a hazard or nuisance. The proposed project
would also be required to comply with a number of other City policy documents that
address urban design and aesthetics, including the Streetscape Master Plan, Community
Design and Sustainability Element of the General Plan and the Bikeways Master Plan. In
addition, future development would be required to undergo Site Development Review.
The above considerations ensure that cumulative development would result in a less than
significant cumulative impact.
Conclusion., The proposed project would be required to comply with the design
standards and guidelines in the Dublin Village Historic Area Specific Plan as well as
other City policy documents, which would ensure that the proposed project does
not contribute to cumulative light and glare in the City and surrounding areas, and
would ensure that the proposed project is of quality design. The existing setting
together with the design features of the proposed project would ensure the
project's cumulative contribution to aesthetics would result in a less than significant
cumulative impact in regards to aesthetics.
Air Quality
Cumulative Air Quality Impacts
Construction and operation of the proposed project would not result in regional air
emissions from area, energy, and mobile sources in exceedance of the BAAQMD
thresholds with application of Mitigation Measures 3.2-1 a, 3.2-1 b, and 3.2-2. The
BAAQMD recommends that for any project that does not individually have significant
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operational air quality impacts, the determination of significant cumulative impact should be
based on an evaluation of the consistency of the project with the local general plan and of
the general plan with the regional air quality plan. As noted above, the proposed project
would be consistent with the primary goals and applicable control measures of the Bay
Area 2010 Clean Air Plan, Further, the proposed project would not disrupt or hinder
implementation of the Bay Area 2010 Clean Air Plan control measures. As a result, the
proposed project would have a less than significant impact related to Bay Area 2010 Clean
Air Plan consistency.
Conclusion: With mitigation, any project contribution to cumulative air quality
impacts would be less than significant. The same analysis and conclusion apply on a
cumulative level and the proposed project would result in a less than significant
cumulative impact as to consistency with the Bay Area 2010 Clean Air Plan.
Cumulative Odor Impacts
Cumulative development may result in airborne odors associated with construction
equipment, as well as from commercial uses (e.g. restaurants) and other uses in the City.
City regulations require protection from excessive odors (City of Dublin Municipal Code
Chapter 8.24, Commercial Zoning Districts, Chapter 8.64, Home Occupation Regulations,
and Chapter 8.20, Residential Zoning Districts). Further, BAAQMD, Regulation No. 7
(Odorous Substances) establishes general limitations on odorous substances and specific
emission limitations on certain odorous compounds.
Conclusion:The proposed project consists of residential and office uses, which do
not generate significant sources of odors. Further, the project would be required to
comply with the City's Municipal Code regulations and BAAQMD Regulation 7.
Therefore, cumulative odor impacts would be less than significant.
Cultural Resources
The project site is located within a high archaeologically sensitive area. Mitigation measures
MM 3.3-2a: Archaeological Monitoring and MM 3.3-2b: Halt Work/Archaeological
Evaluation/Site-Specific Mitigation are incorporated into the Draft EIR to address the
potential for unidentified archaeological resources within the project site. Implementation
of these mitigation measures would ensure that the proposed project would not have a
significant cumulative impact to cultural resources.
Conclusion: No significant cumulative impacts are predicted relative to cultural
resources after mitigation. Therefore, the proposed project as mitigated would have
a less than significant cumulative impact to cultural resources.
Geology and Soils
The geographic context for the analysis of impacts resulting from geologic hazards generally
is site-specific, rather than cumulative in nature, because each construction site has unique
geologic considerations that would be subject to uniform site development and
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construction standards. As such, the potential for cumulative impacts to occur is limited.
Impacts associated with potential geologic hazards related to soil or other conditions
(liquefaction, expansive soils, surface fault rupture, etc.) occur at individual building sites.
Buildings and facilities in the City of Dublin would be sited and designed in accordance with
the City's Building Code. General Plan, Specific Plan and findings from a design-level
geotechnical study prepared for future development in accordance with Mitigation Measure
MM 3.4-3: Preparation of Design-Level Geotechnical Report.
Cumulative development could expose soil surfaces and further alter soil conditions,
subjecting soils to erosional processes during construction. To minimize the potential for
cumulative impacts that could cause erosion, all proposed construction projects in the City
are required to be developed in conformance with the provisions of applicable federal,
state, county, and City laws and ordinances. Adequate control of sedimentation and
erosion must be incorporated into individual projects to address current legal requirements
for control of erosion caused by stormwater discharges. The proposed project would be
required to comply with the provisions of the NPDES permitting process and local
implementation strategies, which would minimize the potential for erosion during
construction and operation. In addition, future development would be required to comply
with the City of Dublin Public Works Department Policy No. 95-I I to control erosion
during construction activities. Compliance with this permit process, in addition to the City's
Building Code and other legal requirements related to erosion control practices, would
minimize cumulative effects from erosion. Therefore, cumulative impacts would considered
be less than significant.
Conclusion., Extensive federal, state and local regulations address erosion and
sedimentation control. Adherence to all relevant plans, codes, and regulations with
respect to project design and construction would provide adequate levels of safety
regarding geologic and seismic hazards and would prevent soil erosion. The
proposed project is required to be sited and designed in accordance with the City's
Building Code. General Plan, and findings from a design-level geotechnical study in
accordance with Mitigation Measure MM 3.4-3: Preparation of Design-Level
Geotechnical Report. Therefore, the proposed project as mitigated would result in
a less than significant cumulative impact in regards to geology and soils.
Greenhouse Gas Emissions and Climate Change
Cumulative development has the potential to result in an increase of greenhouse gas
emissions in the region. As discussed above, the proposed project would result in a net
reduction of GHG emissions of 3,328.28 MTCO2eq/year due to a reduction in mobile
source emissions. The BAAQMD threshold for annual GHG emissions is 1,100
MTCO2eq/year; as such, the proposed project would not exceed BAAQMD thresholds for
GHG emissions.
Conclusion: The proposed project would be consistent with the City's CAP.
Therefore, as the project is consistent with the CAP, and the CAP is is with
AB 32, the proposed project would not hinder the State's GHG reduction
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strategies for meeting the goals established by AB 32. Since the proposed project
would not exceed the BAAQMD's 1,100 MTCOZeq/year threshold, there would
be a less than significant cumulative impact with regards to global climate change,
and a cumulative contribution from project-related GHG emissions.
Hazards & Hazardous Materials
The proposed project could result in the accidental release of hazardous materials,
particularly during construction activities. In addition, future development within the project
site could include hazardous waste typical of proposed residential and commercial uses
such as the routine transport, use, or disposal of any regulated hazardous materials.
Cumulative development would likely generate similar types of waste from operational and
construction impacts, all of which would be regulated by federal, state and local statutes.
Conclusion: Hazardous materials and substances are highly regulated at the federal,
state, and local levels. Compliance with all applicable local, state, and federal laws
that regulate, control, or respond to hazardous waste, transport, disposal, or clean-
up would ensure that cumulative development, which includes the project site as
well as implementation of Mitigation Measures MM 3.6-4, and MM 3.6-5 would
ensure that the proposed project as mitigated would have a less than significant
cumulative impact in regards to hazards and hazardous materials.
Hydrology and Water Quality
As described in Table 3.7-1: Pre- and Post- I 0-Year Stormwater Flows, existing pre-
development off-site stormwater flows stormwater outflows from the project site was
calculated to be 13.4 cubic feet per second (cfs) for a 10-year storm event. Post-
development stormwater flows would be 1 1.9 cfs, resulting in a net decrease of 1.5 cfs for
a ten year storm event (Carlson, Barbee, & Gibson 2013). All stormwater would be
treated in one of three on-site bioinfiltration basins prior to leaving the project site.
Conclusion: Compliance with NPDFS construction of the bio-retention basins
would ensure that the proposed project would have a less than significant
cumulative impact in regards to stormwater runoff and water quality.
Land Use and Planning
The City of Dublin has planning programs such as the General Plan, Zoning Ordinance, and
Municipal Code, that have established plans and guidelines for growth and development
within the City under buildout of the City of Dublin General Plan. The proposed project
would not conflict with habitat conservation plan, create land use incompatibilities or
physically divide a community, conflict with applicable land use plans, policies or regulations,
or result in urban decay or blight.
Conclusion: Development of the proposed project would be compatible with
surrounding land uses and would not conflict with applicable plans or policies.
Therefore, the cumulative impact of the proposed project with respect to future
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development would result in a less than significant cumulative impact in regards to
land use and planning.
Noise
Upon completion of construction and during operation of other cumulative development,
it is expected that each project would generate noise from stationary sources (e,g., HVAC
equipment, parking lot noise, etc.). The noise generated by stationary equipment
associated with cumulative projects cannot be quantified due to the speculative nature of
conceptual nature of each development. However, each cumulative project would require
separate discretionary approval and CEQA assessment, which would address potential
noise impacts and identify necessary attenuation measures, where appropriate.
Additionally, noise dissipates as it travels away from its source, so noise impacts from
stationary sources would be limited to each of the respective sites and their vicinities.
Other potential development anticipated under the General Plan is not located in close
proximity to the project site.
Conclusion: Due to distance, it is unlikely that stationary noise associated with the
proposed project would overlap with stationary noise sources of other cumulative
development. As noted above, the proposed project would not result in significant
stationary noise impacts that would significantly affect surrounding sensitive
receptors. Thus, the proposed project and identified cumulative projects would
result in a less than significant cumulative impact.
Implementation of the proposed project would result in an overall trip reduction of
600 trips (RBF Consulting 2013), Therefore, the proposed project would not
contribute to cumulative mobile source noise as it would result in lower traffic
noise levels as compared to existing conditions. Thus, the proposed project, in
combination with cumulative background traffic noise levels, would result in a less
than significant cumulative impact in this regard.
Public Services and Utilities
Significant cumulative impacts to public services would occur if cumulative development
would overburden the public service agencies, and if utility providers were unable to
provide adequate services. Implementation of the proposed project in combination
cumulative development would result in the increased demand for public services, which
would result in the need for the provision of fire and police protection services, educational
services, and parks and recreation facilities with the construction of residential uses at the
project site. However, development fees would provide funding in order to help off-set
capital improvements and maintenance to these services. Therefore, the proposed project
would have a less than significant cumulative impact on public services.
The proposed project would result in less of a demand for water and wastewater as
compared to existing conditions. The proposed project would result in a decrease of
8,385 gallons per day of interior water use and 18,281 gallons per day of exterior water
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use as compared to existing conditions. The proposed project would result in a decrease
of dry weather flow of 1,674 gallons per day of wastewater as compared to existing
conditions. The wastewater treatment plant currently has capacity for 17.0 million gallons
per day of dry weather flow with an average flow per day of 1 1.48 million gallons per day
and excess capacity of 5.52 million gallons per day. Therefore, the wastewater treatment
plant has capacity to serve the proposed project and the water demands can be provided
by DSRSD.
Conclusion: The increased need for funding of public services would be covered by
the City's public facilities fee (Chapter 7.78, of the City of Dublin Municipal Code),
which is assessed on all new construction. Development fees are assessed on a
project-by-project basis to fund improvements to meet the increased demand on
public services. As a result, the proposed project would have a less than significant
cumulative impact in regards to public services. The generation of wastewater and
demand for water can be accommodated by the DSRSD and therefore, the
proposed project is anticipated to result in a less than significant cumulative impact
to utilities.
4.7 Project Alternatives
The alternatives discussion briefly identifies and describes several alternatives as developed
by City staff that would feasibly attain most of the project objectives and would avoid or
reduce significant environmental impacts of the proposed project including the following:
• Alternative #I — No Project Alternative
• Alternative #2 — Retail/Office Alternative
This section discusses the environmental impacts associated with each of these alternatives
as compared with the impacts resulting from the proposed project. The impact level of
each of the altematives (less, similar, greater) is noted in parentheses at the beginning of
each comparison. Table 4.5-2: Comparison of Project Alternatives to the Proposed Project
at the conclusion of this section provides a summary. This section also identifies the
"environmentally superior'' alternative.
4.10.1 Relationship to Project Objectives
Consistent with the CEQA Guidelines Section 15124(b), a clear statement of objectives
and the underlying purpose of the proposed project can help the City develop a
reasonable range of alternatives. Each alternative would be evaluated as to how well it
meets the objectives of the project, as currently proposed. The City of Dublin and the
project applicant have provided the following project objectives for the proposed project:
L Design new housing and commercial uses consistent with the Dub/in I///age
Historic Area Specific Plan,
Ensure a viable infill project that provides for the creation of new housing in
proximity to Downtown Dublin and public transit.
Page 4-14 [ZF,K—ey.Horn
Heritage Park Draft EIR
CEQA Consideration
• Create a community that is compatible in scale and design with surrounding land
uses.
• Establish a cohesive community feel in the project area through compliance with
the Dublin Historic Ili//age Specific Plan design guidelines that ensure consistency
between individual neighborhoods while allowing unique architectural expression.
4.10.3 Alternative #I — No Project Alternative
Characteristics
CEQA Guidelines Section 15126.6(e)(3) requires that a No-Project alternative be
evaluated as part of an EIR, proceeding under one of two scenarios: the project site
remaining in its current state or development of the project site under its current General
Plan land use and zoning designations. Because the proposed project proposes General
Plan land use changes, Alternative #I — No Project Alternative considers the
environmental effects of not approving the proposed project with the continuation of the
existing 1 10,000 square foot commercial/office complex at the project site into the future.
Comparative Analysis
Aesthetics (slightly greater . There would be no change in the visual character of the
project site under the No Project Alternative. Therefore, the existing structures would
remain, which are considered inconsistent with the vision of the Dublin Vllage Historic
Area Specific Plan. Therefore, the No Project Alternative would result in slightly greater
impacts as compared to the proposed project.
Air Quality(slightly greater). The No Project Alternative would continue commercial/office
uses at the project site into the future and would not place residential uses adjacent to
Interstate-580. However, mitigation measures incorporated herein would reduce potential
health risk hazards to residential uses to a less than significant level. In comparison to the
proposed project, the No Project Alternative includes a slightly greater volume of vehicle
trips and air quality emissions during operations, which would result in slightly greater air
quality emissions compared to the proposed project. Therefore, the No Project
Alternative would result in slightly greater air quality emissions as compared to the
proposed project.
Cultural Resources (less). The No Project Alternative would eliminate potential damage to
any unknown cultural resources, including historic, archaeological, or paleontological
resources, and/or human remains that could result with construction of the proposed
project. Although, the proposed project would result in a less than significant impact to
cultural resources with mitigation measures incorporated herein, the No Project Alternative
would result in slightly less impacts to cultural resources as compared to the proposed
project.
Geology and Soils (similar). Impacts under the No Project Alternative would be similar to
the proposed project in that the project site could still be exposed to seismic ground
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CEQA Considerations
shaking, liquefaction, soil erosion, and expansive soils. Although the No Project Alternative
would not expose up to 54 residential units to seismic ground shaking, development
associated with the proposed project would still be required to comply with the City's
Building Code and the California Building Code. In addition, the proposed project has been
designed to incorporate a 25-foot buffer for the Calaveras fault that traverses the project
site . Therefore, the No Project Alternative would result in similar impacts as compared to
the proposed project.
Greenhouse Gas Emissions and Climate Change (slightly greater). The No Project
Alternative has slightly greater greenhouse gas emissions due to greater vehicle emissions as
compared to the proposed project. Therefore, the No Project Alternative results in slightly
greater impacts as compared to the proposed project.
Hazards and Hazardous Materials (similar). Similar to the proposed project, the No Project
Alternative includes hazardous waste typical of commercial uses such as the routine
transport, use or disposal of regulated hazardous materials. Therefore, the No Project
Alternative would have similar impacts as compared to the proposed project.
Hydrology and Water Quality (greater). Surface water runoff under this alternative is
greater due to the amount of impervious surfaces at the project site and increased
stormwater runoff as compared to the proposed project. In addition, the proposed project
includes the installation of two proposed bio-retention parcels that would collect and clean
stormwater runoff before discharging it from the project site in compliance with the
Regional Water Quality Control Board current standards. As the No Project Alternative
does not currently meet current standards, impacts under this alternative would be greater
as compared to the proposed project.
Land Use and Planning (similar). The No Project Alternative would result in no change to
existing conditions and would continue to be consistent with the land use designation in
the Dublin Vllage Historic Area Specific Plan and the City of Dublin General Plan, The
proposed project would amend these documents to be consistent with the proposed land
use. Therefore, the No Project Alternative would result in similar impacts as compared to
the proposed project.
Noise (less). The No Project Alternative would result in no short-term construction as
compared to the proposed project. Additionally, the No Project Alternative would not
require noise barriers and would not expose single family residences to long-term traffic
noise exposure from Interstate 580. Therefore, the No Project Alternative would result in
less impacts as compared to the proposed project.
Pub/ic Services and Utilities (similar). The No Project Alternative would result in less
impacts to public services due to a reduction in demand for schools, fire, police, and parks
from residential uses as compared to the proposed project. However, the demand for
water, sewer and stormwater runoff under the No Project Alternative would be greater as
Page 4-16 [MFJ„me,Hom
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Heritage Park Draft EIR
CEQA Consideration
compared to the proposed project. Overall, impacts to public services and utilities under
the No Project Alternative would be similar to the proposed project.
Ability to Meet Project Objectives
This alternative would not be consistent with any of the project's objectives, including
ensuring a long-term financially viable infill project in the Dub/in t///age Historic Area
Specific Parr, providing housing capacity to meet the city's projected housing needs in City's
Housing Element; and creating a desirable livable community with a strong sense of place
for the residents of the City of Dublin.
4.10.4 Alternative #2 — Retail/Office Alternative
Characteristics
Alternative #2 — Retail Office would consist of a 172,498 square foot retail and office uses,
consistent with the existing land use designation and maximum Floor to Area Ratio (FAR)
of .60 in the Dub/in V//age Historic Area Specific Plan. This would result in an increase of
62,498 square feet at the project site of retail and office uses as compared to existing
conditions.
Under Alternative #2, the retail and office uses would be constructed consistent with the
design standards and guidelines in the Dublin t/llage Historic Area Specific Plan, The
proposed retail/office use would be located outside of the 25-foot buffer zone of the
Calaveras Fault, and outside of the FEMA 500-year flood zone.
Comparative Analysis
Aesthetics (similar). Alternative #2 would be consistent with the vision of the Dub/in
Village Historic Area Specific Plan and the City of Dublin General Plan. Therefore,
Alternative #2 would result in similar impacts as compared to the proposed project.
Air Quality (greater). Alternative #2 would not place residential uses adjacent to
Interstate-580. However, mitigation measures incorporated herein would reduce potential
health risk hazards to residential uses proposed by the proposed project to a less than
significant level. In comparison to the proposed project, Alternative #2 would result in an
increase in vehicle trips to the project site, which would subsequently increase mobile
source emissions. Therefore, Alternative #2 would result in greater air quality emissions as
compared to the proposed project.
Cultural Resources (similar). Alternative #2 would include ground disturbing activities (e.g.
grading and excavation) within a high archaeological sensitivity area. Therefore, Alternative
#2 would result in similar impacts to cultural resources with mitigation measures
incorporated herein.
Geology and Soils (similar). Impacts under Alternative #2 would be similar to the
proposed project in that the project site could still be exposed to seismic ground shaking,
liquefaction, soil erosion, and expansive soils. Alternative #2 would also be required to
�F,a,mley-�� Page 4-17
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Heritage Park Draft FIR
CEQA Considerations
comply with the City's Building Code and the California Building Code, as well as
incorporate a 25-foot buffer for the Calaveras fault. Therefore, Alternative #2 would result
in similar impacts as compared to the proposed project.
Greenhouse Gas Emissions and Climate Change (greater). Alternative #2 would result in
greater greenhouse gas emissions due to an increase in vehicle emissions from more
vehicle trips to the project site.
Hazards and Hazardous Materials (similar). Similar to the proposed project, the Alternative
#2 would include hazardous waste typical of commercial uses such as the routine
transport, use or disposal of regulated hazardous materials. Therefore, Alternative #2
would have similar impacts as compared to the proposed project.
Hydrology and Water Quality (similar). Surface water runoff under this alternative would
be similar as compared to the proposed project, as both projects would have similar site
coverage and both would be required to comply with Regional Water Quality Control
Board standards that require post-development off-site flows to be similar or less than pre-
development conditions.. Therefore, Alternative #2 would result in similar impacts as
compared to the proposed project.
Land Use and Planning (less). Alternative #2 would continue to be consistent with the
land use designation in the Dublin Vllage Historic Area Specific Plan and the City of Dublin
General Plan. The proposed project would amend these documents to be consistent with
the proposed land use. Therefore, Alternative #2 would result in similar impacts as
compared to the proposed project.
Noise (similar). Alternative #2 would result in the construction of retail/office instead of
residential and commercial/office uses. This would result in a slight reduction of noise
impacts as compared to the proposed project due to the reduced exposure of residential
uses to noise from Interstate 580. However, the proposed project incorporates noise
barriers into the project design, which would reduce project noise impacts to a less than
significant level. Therefore, this alternative would result in similar impacts as compared to
the proposed project.
Public Services and Utilities (similar). Alternative #2 would result in less impacts to public
services as compared to the proposed project due to a reduction in demand for schools,
fire, police, and parks. However, the demand for water, sewer and increased stormwater
runoff is anticipated to be greater as compared to the proposed project. Therefore,
Alternative #2 would be similar to the proposed project.
Consistency with Project Objectives
This alternative would be consistent with the project's objectives, including ensuring a long-
term financially viable infll project in the Dublin I/llage Historic Area Specific P1,317 and
creating a desirable livable community with a strong sense of place for the residents of the
Page 4-18 MrJ Ki Ii y.Fim
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Heritage Park Draft EIR
CEQA Consideration
City of Dublin. It would not be consistent with the objective of providing housing capacity
to meet the city's projected housing needs in City's Housing Element.
4.10.3 Environmentally Superior Alternative
CEQA Guidelines Section 15126(e)(2) requires that the environmentally superior
alternative be identified. If the environmentally superior alternative is the No Project
Alternative, the EIR shall identify an environmentally superior alternative among the other
alternatives. The environmentally superior alternative is Alternative #2 — Retail/Office
Alternative followed by Alternative #I — No Project Alternative.
Table 4 -2: Comparison of Project Alternatives to the Proposed Project
EAesthetics mental Category Alternative#11 —No Alternative#2—
Pro'ect Alternative Retail/office Alternative
Slightly Greater Similar
lit Slightly Greater Greater
Cultural Resources Less Similar
Geology and Soils Similar Similar
Greenhouse Gas
Emissions and Climate Slightly Greater Greater
Change
Hazards and Hazardous Similar Similar
Materials
Hydrology and Water Greater Similar
Quality Less
Land Use and Plannin Similar
Noise Less Similar
Public Services and Similar Similar
Utilities
Ability to Meet Project Less Less
Ob ectives
Ki Il y-H.M Page 9-19
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Heritage Park Draft EIR
References
S. References
References Cited
Alameda County. Livermore Airport Master P/an, 201 1. Airport Data.com, Camp Parks
Heliport (4CA3) Information, Accessed May 20, 2013. htLp://www.airport-
data.com/airporU4CA3/.
Alameda County, Alameda County Hydrology and Hydraulics Manual. 2003.
Alameda County. Livermore Municipal Airport Draft Land Use Compatibility Plan, 201 1.
Alameda County Flood Control and Conservation District. Hydrologic Procedures and
Design Discharges for the Zone 7 1997.
Association of Bay Area Governments (ABAG). Dam Failure Inundation Map web site
(http://gis.abag.ca.gov/Website/Daminundation/). Accessed June 18, 2013.
ABAG. 2000 Census Data. http://www.abag.ca.gov/abag/overview/datacenter/popdemo/.
Accessed June 18, 2013.
Bay Area Air Quality Management District (BAAQMD). Options andjustification Report,
October 2009.
BAAQMD. CEQA Air Quality Guidelines, May 201 1.
BAAQMD. Stationary Source Risk & Hazard Analysis Tool, Alameda Permitted Sources,
May 30, 2012.
BAAQMD. Tools and Methodology web site (http://www.baagmd.gov/Divisions/Planning-
and-Research/CEQA-GUI DELI NES/Tools-and-Methodology.aspx) Accessed November 1 1,
2013.
BAAQMD. 2010 Bay Area Clean Air Plan. September 2010.
Brian-Kangas-Foulk. Santa Rita Drainage Master Plan. 1995.
Bureau Veritas. Phase I Environmental Site Assessment. February 21, 2012.
California Department of Conservation (DOC). Califomia Geological Survey web site
�http://www.conservation.ca.gov/cgs/minerals/mlc/Pages/index.aspx�. Accessed October 14,
2013.
California Department of Conservation. Alameda County Important Farmland Map, 2010.
Z"a m ey-Horn Page 5-1
d AS$O—IeS.1n
Heritage Park Draft EIR
References
California Air Resources Board. Aerometric Data Analysis and Measurement System,
Summaries from 2010 to 2012 web site (http://www.arb.ca.gov/adam/). Accessed
November 5, 2013.
California Department of Transportation. Traffic and Vehicle Data Systems Unit, All Traffic
Volumes on California State Highways, 2012 web site (http://traffic-
counts.dot.ca.gov/2012all/index.html). Accessed November 4, 2013.
Cal Engineering and Geology. Geotechnical and Geologic Review, Geotechnical and Fault
Rupture Hazards Reports, Proposed Heritage Park Residential Development, Dublin
Boulevard, Dublin, California. July 2013.
Cal Engineering and Geology. Second Geotechnical and Geologic Review, Geotechnical
and Fault Rupture Hazards Reports, Proposed Heritage Park Residential Development,
Dublin Boulevard, Dublin, California. August 2013
Carlson, Barbee & Gibson. Heritage Park Hydrology Analysis November 4 and
November 24, 2013.
City of Dublin. City of Dublin General Plan, adopted February 1 1, 1985, updated January
19, 2010.
City of Dublin. Dublin Vllage Historic Area Specific Plan. 2006.
City of Dublin. Initial Study and Mitigated Negative Declaration for the Draft Dublin Vllage
Historic Area Specific Plan and General Plan Amendment, Draft Parks and Recreation
Master Pan 2006 Update, Dublin Historic Park Draft Master Plan, and Dublin Village
Historic Area Rezoning. May 2006
City of Dublin. City of Dublin Municipal Code.
City of Dublin. City of Dublin Final Model Development Report. Apn12012.
City of Dublin. Wildfire Management Plan. Adopted July 1996. Revised November 2010.
City of Dublin. City of Dublin Climate Action Plan. 2010.
Cyril M. Harris. Handbook of Noise Control. 1979.
Charles M. Salter and Associates, Inc. Heritage Park Environmental Noise Study. July 18,
2013.
Charles M. Salter and Associates, Inc. Heritage Park Noise Requirements for Single Family
Homes September 16, 2013.
Dublin San Ramon Community Services District (DSRSD). 2010 Urban Water
Management Plan. June 201 1.
Page 5-2 ../1 K-1i,born
and Associates.Inc
Heritage Park Draft EIR
References
Dublin Unified School District. Ca/PADS Enrollment. October 2013.
Dublin Unified School District. Demographics Update, Board of Trustees Meeting. March
2012.
Federal Transit Administration. Transit Noise and Vibration Impact Assessment Guide lines,
May 2006.
HortScience. Preliminary Tree Report, Heritage Park October 2013.
Intergovern mental Panel on Climate Change. Climate Change, The Science of Climate
Change — Contribution of Working Group l to the Second Assessment Report of the
IPCC. 1 996.
Natural Resources Conservation Service (NRCS). Alameda County Soil Survey. 1 996.
State Water Resources Control Board. Geotracker Database web site.
(http://geotracker.waterboards.ca.gov/) Accessed October 15, 2013.
Stevens, Ferrone & Bailey Engineering Company. Updated Fault Rupture Hazard
Investigation. June 26, 2013.
Stevens, Ferrone & Bailey Engineering Company. Geotechnical Investigation, Heritage Park
Residential Development. March 2, 2012.
TJKM Transportation Consultants. Shared Parking Analysis for Heritage Park
Office/Church/Restaurant Uses in the City of Dublin. September 9, 2013.
United States Environmental Protection Agency. Inventory of United States Greenhouse
Gas Emissions and Sinks 1990 to 2009. April 201 1.
United States Environmental Protection Agency. High GWP Gases and Climate Change,
June 14, 2012.
United States Environmental Protection Agency. Protection of Stratospheric Ozone: Listing
of Global Warming Potential for Ozone Depleting Substances, October 29, 2009.
http://www.epa.gov/EPA-AIR/1 996/January/Day-19/pr-372.htm1, accessed on November 29,
2012.
United States Environmental Paooe�oioone/ods htm�/access�zon NDepmbe�2012 Substances,
August 19, 2010. http://www.ep g
U.S. Environmental Protection .Agency
ons/ ase�f ases html). EmIssions web
July 15 2013.
site
(http://epa.gov/climatechange/ghgemiss g g
U.S. Environmental Protection Agency. Protection of Stratospheric Ozone.' Listing of
Global Warming Potential for Ozone Depleting Substances, dated October 29, 2009
=
=f,K-1 Y-„orn Page 5-3
tl AS-IeS.1n
Heritage Park Draft EIR
References
(http://www.epa.gov/EPA-AIR/1 996/January/Day-19/pr-372.htm1). Accessed on November
5, 2013.
The Weather Channel Web Site:
(http://www.weather.com/outlook/events/weddings/wxci1matoIogy/monthly/graph/USCA03
14). Accessed November 4, 2013.
William Self and Associates. Archaeo%gica/Assessment Report, Don/on Way Specific
pan,
August 2003.
Page 5-4 =fin K—m H-
antl A—ate Inc.
Heritage Park Draft EIR
References
List of Preparers
City of Dublin
Mike Porto, Consultant Project Manager
Luke Sims, Community Development Director
Jeff Baker, Assistant Community Development Director
Andrew Russell, City Engineer
Obaid Khan, Senior Civil Engineer
Jayson Imai, Senior Civil Engineer
RBF Consulting
Bill Wiseman, Vice President
Erika Spencer, Senior Environmental Planner
Jonathan Schuppert, Environmental Planner
Eddie Torres, Air Quality and Noise Specialist
Achilles Malisos, Air Quality and Noise Specialist
Ryan Chiene, Air Quality and Noise Specialist
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Heritage Park
Final EIR
Table of Contents
I Introduction 1_1
1.1 Document Organization and Framework..................................................................................... 1-1
1.2 CEQA Requirements Regarding Comments and Responses........................................... 1-2
2 List of Commenters on the Draft EIR 2.1
3 Changes to the Draft EIR 3-1
4 Mitigation Monitoring and Reporting Program 4-1
4.1 Introduction.....................................................................................................................................................4-1
4.2 Format................................................................................................................................................................4-1
4.3 Enforcement...................................................................................................................................................4-2
Kimley}»Horn Page i
Heritage Park
Final EIR
I Introduction
The Heritage Park Draft Environmental Impact Report (DEIR) was circulated for a 45-
day public review period from Monday, March 3, 2014 to Thursday, April 17, 2014, as
assigned by the State of California Governor's Office of Planning and Research State
Clearinghouse and consistent with CEQA regulations. Copies of the document were
distributed to state, regional, and local agencies, as well as organizations and individuals,
for their review and comment.
This Heritage Park Final FIR has been prepared in accordance with CEQA and state and
local CEQA Guidelines and represents the independent judgment of the City, as CEQA
Lead Agency. This Final FIR, together with the DEIR, technical appendices, and other
written documentation prepared during the FIR process, as those documents may be
modified by the City Council at the time of certification, will constitute the Final FIR, as
defined in the State CEQA Guidelines, Section 15132, and the City of Dublin's
environmental document reporting procedures.
1.1 Document Organization and Framework
This Response to Comments package is organized as follows: Section I provides a brief
introduction to this report. Section 2 provides a list of agencies and interested persons
commenting on the DEIR. This section also contains individual comments followed
thereafter by responses. To facilitate review of the responses, an index number (e.g., I-
1, 1-2, 2-1) has been assigned to each comment and to its corresponding responses.
Section 3 contains changes to the Draft FIR as a result of the comments by agencies and
interested persons.
City Staff has reviewed the comment letters, draft responses and information generated
in the course of preparing the responses and determined that none of this material
constitutes significant new information that requires a recirculation period for further
public comment under CEQA Guideline Section 15088.5. None of this new material
indicates that the project will result in a significant new environmental impact not
previously disclosed in the DEIR. Additionally, none of this material indicates that there
would be a substantial increase in the severity of a previously identified environmental
impact that will not be mitigated, or that there would be any of the other circumstances
requiring recirculation as described in Section 15088.5.
Kimley»)Horn Page I-I
Heritage Park
Final EIR
1.2 CEQA Requirements Regarding Comments and Responses
CEQA Guidelines Section 15204 (a) outlines parameters for submitting comments, and
reminds persons and public agencies that the focus of review and comment of Draft
EIRs should be, "on the sufficiency of the document in identifying and analyzing possible
impacts on the environment and ways in which significant effects of the project might be
avoided or mitigated." Comments are most helpful when they suggest additional
specific alternatives or mitigation measures that would provide better ways to avoid or
mitigate the significant environmental effects. At the same time, reviewers should be
aware that the adequacy of an EIR is determined in terms of what is reasonably
feasible... CEQA does not require a lead agency to conduct every test or perform all
research, study, and experimentation recommended or demanded by those submitting
comments. When responding to comments, lead agencies need only respond to
significant environmental issues and do not need to provide all information requested by
reviewers, as long as a good faith effort at full disclosure is made in the EIR."
Kimley»)Horn page 1-2
Heritage Paris
Final EIR
2 List of Commenters on the Draft EIR
This section includes all written comments received on the DEIR and the City's responses
to each comment. Comment letters and specific comments are given letters and numbers
for reference purposes. Where sections of the DEIR are excerpted in this document, the
sections are shown indented. Changes to the DEIR text are shown in underline for
additions and 44EeeH for deletions.
The following is a list of agencies and persons that submitted comments on the Draft EIR
during the public review period:
Table 2-I: List of Written Comments Received on the Draft EIR
Comment Commenting Agency/ Person Date of Comment
Letter No.
I Alameda County Fire Department 4/10/14
2 Dublin San Ramon Service District 3/18/14
3 Dublin Unified School District 4/18/14
4 Dublin Historical Preservation Association 4/15/14
5 Richard Guarienti 4/16/14
6 Steve Minniear 4/7/14
Kimley)»Horn Page 2-1
% PyPMEDA CpUryTh .
Comment Letter #1
OF
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E s Alameda County Fire Department
DEPAR"T Fire Prevention O11 BUl eaU `
�LrFOR�`�
City of Dublin
100 Civic Plaza,Dublin,California 94568 Phone:925-833-6606 Fax:925-829-9248
APPLICATION REFERRAL LETTER COMMENTS
DATE: April 10, 2014
TO: Mike Porto—Consultant Project Manager
FROM: Darrell Jones—Deputy Fire Marshal
SUBJECT/PERMIT#: E.I.R HERITAGE PARK (PLPA 2013-00002)
ADDRESS: 11875 DUBLIN BLVD
Review of Planning referrals are usually based on information and plans that lack sufficient
information and details for specific comments. The primary focus of our review is to assure fire
access to the site. Specific fire and building code issues will be addressed during the regular
building permit submittal and review process.
Comments: PLEASE REVISE DRAFT ENVIRONMENTAL REPORT
1. Fire Access to lots #32-37 appears inadequate as shown
2. Revise 3.10 Public Services: Station 16 has single patrol not two as listed & Station 17 is
second due responding station not primary= station 16 1-2
G:AFP\Dublin\Plan Check\Dublin Blvd\11875\13 PI-PA-00002 draft EIR revision required.doc
Heritage Paris
Final EIR
Response to Comment Letter#I from Mr. Darrell Jones, Alameda County
Fire Department— Fire Prevention Bureau, dated April 10, 2014
Response to Comment I-I — Fire Access to Lots #32—37 appears inadequate
Comment noted. Prior to issuance of grading permits, the project applicant shall
demonstrate to the City of Dublin that access to Lots #32 -37 is adequate to the
satisfaction of the Alameda County Fire Department.
Response to Comment 1-2—Revisions to Section 3.10 Public Services of the Draft EIR
Comment noted and revisions to the DEIR, as shown in Section 3, have been incorporated
into this Final EIR.
Kimley»)Horn Page 2-1
Comment Letter#2
Subject: FW: Errors in Heritage Park Draft EIR
-----Original Message-----
From: Stan Kolodzie<kolodzie(cDdsrsd.com>
To: mike.porto <mike.porto(cDdublin.ca.gov>
Cc: Steven Delight<delighta_dsrsd.com>; Rhodora Biagtan <biagtant�dsrsd.com>
Sent: Tue, Mar 18, 2014 10:46 am
Subject: Errors in Heritage Park Draft EIR
Mike,
Here is a summary of the mathematic errors I found in tables 2-1 and 3.10-3
We found this Draft EIR to be inadequate due to both the presence of mathematic errors in the
topics of concern to DSRSD and the omission of any discussion of recycled water.
Mathematic Errors: 1) In table 2-1, the DSRSD factor for exterior water use is erroneously given
as 3,125 gallons per day per acre. This factor is actually 312.5 gallons per day per acre. The
resultant total exterior water calculated is in error by a factor of 10; 2) The interior water use 2-1
factor for residential units is correctly given as 225 gallons per day per unit. However, the
result of multiplying this factor by 54 new units is incorrectly calculated as 1,215 gallons per day
rather than the correct result of 12,150 gallons per day; 3) the Net Difference from development
in Table 2-1 is incorrectly calculated to be a water savings (26,669 gallons per day) rather than
an increased water demand (721.9 gallons per day).
More Mathematic Errors: In a similar way, Table 3.10-3 incorrectly shows the calculation of 54
residential units times the wastewater generation factor of 256 gallons per day. The correct
result of 13,824 gpd should be added to the wastewater generation of the commercial/office
factor of 276 gpd to yield a subtotal of 14,100 gpd. Therefore the proposed development will
actually show an INCREASE in wastewater generation of 11,674 gpd rather than a decrease as 2-2
shown in the table. Two of the entries in the far right column of this table are hard to
decipher. The entrees are close to the bottom right. They are 1,3824 gpd" and "-1,1674
gpd". These two numbers don't make any sense to me. Also, they create errors in the table
since 276 gpd and 1,3824 gpd" are shown to add to 1,410 gpd.
Recycled Water: DSRSD did not find any discussion in the document of the use of Recycled
Water for landscape irrigation to decrease the demand for potable water. DSRSD requires that 2-3
Recycled Water be used for landscape irrigation on sites other than single family homes to
decrease total potable water demand.in new projects.
The errors above create a significant error in that the tables purport to show that the project will
reduce potable water demand and reduce wastewater handling demand. The correct numbers
show the project will actually INCREASE both potable water demand and wastewater handling
demand. I would be available to review these conclusions with the authors of the draft EIR if
needed.
Stan Kolodzie
DSRSD Associate Engineer
i
Heritage Paris
Final FIR
Response to Comment Letter#2 from Mr. Stan Kolodzie, Dublin San
Ramon Service District (via email), dated March 18, 2014
Response to Comment 2-1 —Table 2-1: Existing and Proposed Water Demand
The commenter notes mathematical errors in Table 2-1: Existing and Proposed Water
Demand relating to exterior water demand. The table has been revised in Section 3 of the
Final EIR and the analysis of impacts (Impact 3.10-7 Change in Water Demand and
Extension of Water Infrastructure) has been revised. The analysis of cumulative impacts to
water and wastewater (Section 4.6 Cumulative Impacts — Public Services and Utilities) has
also been revised. Even with the corrected water factors, project-induced and cumulative
impacts will remain less than significant, as further explained in the Section 3 revisions.
Response to Comment 2-2—Table 3.10-3: Wastewater Generation
The commenter notes mathematical errors in Table 3.10-3: Wastewater Generation
related to wastewater generation for the single-family residential units. The table has been
revised in Section 3 of the Final EIR and the analysis of impacts (Impact 3.10-6 Change in
Wastewater Demand) has been revised. The analysis of cumulative impacts to wastewater
(Section 4.6 Cumulative Impacts — Public Services and Utilities) has also been revised. Even
with the corrected wastewater factors, project-induced and cumulative impacts will remain
less than significant, as further explained in the Section 3 revisions.
Response to Comment 2-3 —Use of Recycled Water
Commenter states they did not find any discussion in the document regarding the use of
recycled water for landscape irrigation to decrease the demand for potable water which is
required on sites other than single family homes in new projects.
Comment noted. As part of project approvals by DSRSD to serve the proposed project,
the project applicant is required to adhere to all relevant DSRSD regulations including
Ordinance No. 301 which requires recycled water use for approved customer categories
for all new land uses, including commercial, multi-family residential, and institutional
irrigation uses. Additionally, the project applicant is required to comply with Chapter 8.88
of the Dublin Municipal Code —Water-Efficient Landscaping Regulations that reduce water
use for irrigation, which requires the following:
• Preparation of a water-efficient landscape worksheet to demonstrate compliance
with a "maximum applied water allowance" as defined by the CA Department of
Water Resources.
• Preparation of a soil management report to reduce runoff and encourage healthy
plan growth.
• Preparation of a landscape design plan that includes the selection of water-
conserving plant and turf species, the use of recycled water where available, and the
use of mulch and amendments to retain moisture.
• Preparation of an irrigation design plan to minimize the use of water.
KimleyoHorn Page 2-2
Heritage Paris
Final EIR
Preparation of a grading design plan to minimize soil erosion, runoff, and water
waste.
Conclusion: Recalculating water and wastewater figures in accordance with the comments
increases the project demand compared to the DEIR information and analysis. However,
even with the increased figures, the related impacts remain less than significant. Use of
recycled water is addressed in DSRSD regulations (Ord. 310) and City regulations (Ch.
8.88) and thus, already apply to the Project. This information clarifies existing regulations
affecting recycled water and does not result in any new or substantially more severe
impacts requiring recirculation of the DEIR.
Kimley}»Horn Page 2-3
Comment Letter#3
z,
DUBLIN SCHOOLS
DUBLIN UNIFIED SCHOOL DISTRICT
7471 Larkdale Avenue, Dublin,CA 94568-1599 • 925-828-2551 • www.dubIIn.k12.ca.us
All Dublin Students will
Become Lifelong Learners
i
April 18, 2014
Mike Porto, Consultant Project Manager
City of Dublin
j Community Development Department
f 100 Civic Plaza
I Dublin, CA 94568
Email: mike.porto dublin ca yov
Re: Dublin Unified School District Comments re
Heritage Park Draft Environmental Impact Report
i
[ Dear Mr. Porto:
The Dublin Unified School District ("District") provides these comments in response to the City
of Dublin's ("City") DRAFT Environmental Impact Report entitled Heritage Park, State Clearinghouse
No. 2013092043 (referred to herein as the"DEIR").
By letter dated March 4, 2014, to Luke Sims, Community Development Director, regarding the
Impact of Zone Changes, the District provided Information about the foreseeable impacts of
proposed land use/General Plan Amendments, including but not limited to the Heritage Park 3-�
entitlements, on the District's ability to house students generated by new residential development.
A copy of that letter is enclosed.
Project and Cumulative Impacts on District Schools
Section 3.10 of the DEIR (Public Services and Recreation) addresses impacts on public schools that
would serve the project area. Specifically, Impact 3.10-3 provides that"Implementation of the
proposed project would increase the number of students in the Dublin Unified School District
(DUSD). The proposed project would include the construction of 54 residential units, which would
generate approximately 28 students. These students would attend Dublin Elementary School, Wells
Middle School and Dublin High School. The proposed project would be required to pay school
Impact fees as required under State law to the DUSD. This is considered a less than significant
impact." 3-2
However, the District's high generation figures from the project, which are routinely exceeded by
actual enrollment, are as follows: elementary: 19, middle school: 8 and high school: 9 students, for
a total of 36 students. While the DEIR states that the three schools that would be expected to
accommodate these students have sufficient space to house the students to be generated by this
project, the District's March 4, 2014, letter to Mr. Sims tells a different story. Looking just at the
elementary level, Dublin Elementary School is already short forty seats, well over a full classroom,
of capacity to house its current student enrollment.
Furthermore, as stated in the District's March 4, 2014, letter to Mr. Sims, "[O]verall, the infill
project areas under consideration, Downtown Dublin Specific Plan, Dublin Ranch Sub Area 3,
Frederick, The Green at Park Place, The Groves Lot 3, Heritage Park, Schaefer Ranch Unit 3, and
the Transit Center Site A-1, are proposed to generate a total of 975 students from 3,628 units, 400
more than the current densities for those areas would generate. These are the "high" generation
rates which District enrollment has consistently exceeded." The District urges the City to consider
this cumulative development potential rather than looking at each project in isolation.
At the elementary level, Dublin Elementary School will be faced with 272 new students from these
project areas, and it is already short forty seats, well over a full classroom. The District plans to
add six portable and six permanent classrooms to this school to house growth anticipated WITHOUT
these changes in density.
The DEIR's analysis of cumulative impacts fails to analyze the cumulative impacts of these projects
on the District's capacity to house new students generated by these residential infill projects. While
the Cumulative Impacts Analysis and Assumptions section states at Page 4-9 that cumulative
impacts "were analyzed based on the proposed project's effects in combination with a summary of 3-3
projections in the adopted City of Dublin General Plan (February 11, 1985, Updated May 2013) and
the City's Capital Improvement Program (CIP)," the DEIR does not describe the projects or their
cumulative Impacts at all.
The DEIR states at Page 4-13 that "Significant cumulative impacts to public services would occur if
cumulative development would overburden the public service agencies .... Implementation of the
proposed project in combination cumulative development (sic) would result in the need for the
provision of ... educational services ... with the construction of residential uses at the project site."
However, the DEIR then concludes that "development fees would provide funding in order to help
off-set capital improvements and maintenance to these services. Therefore, the proposed project
would have a less than significant cumulative impact on public services." (DEIR, P. 4-13.) In the
area of educational services, this conclusion that the cumulative impact of this and other projects
would be less than significant is clearly wrong, as is documented by the District's own analysis of
the cumulative impacts of urban infill projects on the District's capacity to house students generated
by these infill projects. (March 4, 2014, letter to Luke Sims.) Likewise, the conclusion that
development fees would provide adequate funding is also clearly wrong. Developer fees pay
substantially less than half the cost of school facilities to house students from new developments,
and this percentage continues to decrease.
Consideration of Impacts from New Schools
As noted above, the DEIR only considered impacts associated with the development of the Project.
However, the DEIR did not address the impacts on elementary, middle and high schools
if enrollment continues to grow in spite of the lack of capacity at any of the District's schools
and whether or not improvements are made to the facilities themselves to accommodate increased
student enrollment.
Specifically, the District notes that Heritage Park, when considered along with cumulative 3-4
development from other infill projects, will result in a number of additional unstudied impacts. For
example, there will be increased traffic resulting from students being required to travel from the
new development to receptor schools (schools that will need to accommodate growth generated by
the infill projects). Increased vehicular traffic, in turn, will impact air quality in and surrounding the
new routes of travel. Further, because the District will need to accommodate students in existing
facilities with capacity, students may be required to attend any of the District's schools within the
District's boundaries. Accordingly, the attendant traffic and air quality impacts will be experienced
City-wide.
Once again, we appreciate the City's effort to work with the District and the developers to ensure
that the impact of new development on schools is as minimal as possible. However, the District
requests that the impacts identified above be addressed before proceeding with approval of
the Heritage Park DEIR.
For purposes of the Heritage Park DEIR Response, the District's contact person is Beverly
Heironimus, Assistant Superintendent of Business Services, phone: (925) 828-2551, Ext. 8041;
email: heironimusbeverl dublinuscl org,
Very truly yours,
i
Ste hen Hanke I
I Superintendent
AveN !B Hu
Asst. Superintendent, Business Services
Enclosure: March 4, 2014, letter to Luke Sims,AICP, Community Development Director
cc: Marilyn J. Cleveland
D-UBLIN SCHOOLS
DUBLIN UNIFIED SCHOOL DISTRACT
7471 Larkdale Avenue,Dublin,CA 94588-1599 • 925-828-2551 • www.dublin.kl 2.ca.us
All Du tin Stude r w7rl
Become Lifelong Learners
March 4, 2014
Luke Sims,AICP
Community Development Director
City of Dublin
100 Civic Plaza
Dublin CA 94568
Re: Impact of Zone Changes
Dear Mr. Sims,
Thank you for your letter of February 7,2014,and for seeking Information from the Dublin Unified School
District concerning the foreseeable Impacts of proposed land use/General Plan Amendments, Including but not
limited to the Downtown Dublin Specific Plan Amendment,on the DisMct's ability to house students
generated by new residential development.
As we previously discussed,the District's facilities are severely Impacted by the continuing Influx of additional
students to the District resulting in virtually every school in the District being at or over capacity. This has
required the addition of portable buildings each year to house the additional students. Last year,for instance,
the District enrolled an additional 1000 new students requiring an additional 12 portable classrooms
throughout the District.
Anticipated Student Generation
Overall,the project areas under consideration,Downtown Dublin Specific Plan,Dublin Ranch Sub Area 3,
Fredericsenk,The Green at Park Place,The Groves Lot 3,Heritage Park,Schaefer Ranch Unit 3,and the
Transit Center Site A-1,are proposed to generate a total of 975 students from 3,628 units,400 more than the
current densities for those areas would generate. These are the"high"generation rates which District
enrollment has consistently exceeded.
The District anticipates that the Downtown Area General Plan Amendment alone will generate an
additional 442 students,243 at the elementary level,93 at the middle school level,and 106 at the high
school level. The District does not have the capacity to house these additional students,nor does It have the
resources to increase that capacity sufficiently tD add enough classrooms to house these students.
Current Capacity
Looking just at the elementary level,Dublin Elementary School will be faced with 272 new students from
these project areas,and It is already short forty seats,well over a full classroom. The District plans to add six
portable and six permanent classrooms to this school to house growth anticipated WITHOUT these changes in
density. Frederiksen Elementary School anticipates growth of 10 new students from the Transit Center Site
A-1. Even without this growth,It has had to convert a computer laboratory to classroom space this year.
Dougherty Elementary School will be faced with 69 additional students from these zone changes, Particularly
from The Green at Park Place. Dougherty has already needed six portables this year for additional growth
without these density changes. Kolb School will require space for an additional 181 students from Dublin
Ranch Sub Area 3 and The Groves,Lot 3. Even without this additional enrollment,it has no available space
with enrollment of over 1000 students.
District Lack of Resources to Meet Capacity Needs
The lack of a state bond for school construction has placed tremendous pressure on the District to rneet the
challenges of continuing growth in residential population and vaulting student enrollment. A major step in
addressing Dublin's current challenges for housing students and maintaining the quality of education provided
Is a new state school bond.
Imnicaly,the District has also been unable to assess development Impact fees that would fully these rntUgate the
cost of housing new students from ese new projects. Under the Education Code provisions for dell a
OpMent
the
impact fees,these fees were supposed to increase from meeting 50%of the cost of school facilities(Level 2)
to l00%of the cost of new school facilities(Level 3)when state bond funds were no longer available. That
change has been forestalled,leaving Impacted dls c s throughout the state,Including Dublin,struggling to
meet the cost of school facillUes to house new students from new development without the state providing its
50%of the cost of those facilities. Mother option would be to remove the artificial limits on development
Impact fees all together,returning the District,and other districts throughout the state,to the option of
developers providing full mitigation of the impacts of new development on school capacity.
Other options for mitigation of these Impacts include the formation of a Mello Roos Community Facility District
through which future residents can repay a bond measure Issued by the CFD to pay for school facilities"
funding through mitigation agreements with developers,or further Impacting the education of all students by
the District being forced to Increase class sizes and decrease the teaming resources at schools in order.to
house more students. Facilities do Impact leaming,and having adequate facilities Is critical to the quality of
learning In Dublin's schools.
We thank you again for the opportunity to address this issue before action by the Planning Commission or City
Council and look forward to working with the City on ways to maintain and improve the quality of education
provided in the District's schools while addressing the need for additional housing within the City.
Sincerely,
kV Helronimus
Assistant Superintendent,Business Services
Dublin Unified School District
Kim McNeely
Heritage Paris
Final EIR
Response to Comment Letter#3 from Mr. Stephen Hanke and Ms. Beverly
Heironimus, Dublin Unified School District (DUSD), dated April 18, 2014
Response to Comment 3-1 — Reference to previous letter to Mr. Luke Sims, Community
Development Director, City of Dublin, dated March 4, 2014.
Comment noted.
Response to Comment 3-2—Student Generation Rates
The commenter states that the proposed project would generate approximately 36
students, eight more than the 28 assumed in the Draft EIR.
As stated in the Draft EIR (page 3-132):
"For planning purposes, a school district's projected student generation rates are
based on dwelling units. Student generation rates are the average number of
students residing in a home. It is also an indicator of the number of students that
will come from new housing developments. According to the Dublin Unified
School District's Demographic Study and Facilities Plan, 2011-2012, each new
single-family home (large and medium lot single family home) generates an average
of 0.75 K-12 students per home; medium density housing including single family
residential with lots less than 4,000 square feet generates an average of 0.525 K-12
students per home; medium-high density attached housing (otherwise known as
''townhomes") generate an average 0.295 K-12 students per home; and a new high
density residential (multifamily housing development) generates an average of 0.125
K-12 students per unit (DUSD 2012)."
Based on the above documented student generation rates, the Draft EIR assumed a total of
28 (54 units x 0.525) K-12 students. As part of the preparation of the response to the
DUSD's comment letter, the City researched and identified that a DUSD School Facility
Needs Analysis (SFNA) was adopted by the DUSD Board of Trustees on August 28, 2012.
This SFNA identified a student generation rate of 0.748 K-12 students for each new
detached single family home on a large or medium size lot, and 0.847 K-12 students for
each single family home on a small lot. Conservatively assuming a small lot generation
factor, the proposed project would generate 46 K-12 students (54 x 0.847), or 10 more
than identified in the comment letter.
The Final EIR has been modified to reflect an assumed generation rate of 46 K-12 students
associated with the proposed project. This increase represents less than one percent
(>I%) of the total student capacity of 6,757 (SFNA, 2012). The difference of eighteen
students from that identified in the Draft EIR is statistically insignificant and would have no
effect on the development fees that will be paid as mitigation as these fees are based on
actual the square footage of proposed residential and commercial buildings. Therefore,
the impacts would remain less than significant as identified in the Draft EIR due to the
Project's payment of development fees required under State law — See Response to
Comment 3-3.
Kimley»>Horn Page 2-4
Heritage Park
Final EIR
Response to Comment 3-3 — Project and Cumulative Impacts on the Dublin Unified
School District
The commenter states that the Draft EIR, when the project is considered in conjunction
with other recently approved development projects, fails to adequately consider the
project and cumulative impacts on enrollment and capacity limitations at schools within the
Dublin Unified School District (DUSD).
The impacts of the proposed project, including impacts on DUSD schools from increased
enrollment, are identified in the Draft EIR. The conclusion of the Draft EIR is based on the
current state law, which set per square-foot limits on school fees that may be assessed by
school districts.
The following is a detailed discussion regarding the legal standard for analyzing the potential
impacts of proposed project on school districts under CEQA.
State Funding and Developer Fees
The DUSD is under the State government's jurisdiction, is subject to California Education
Code regulations, and is under the governance of the State Board of Education. School
capital facility funds come from various sources including State funding, State bonds, local
General Obligation bonds, developer fees, surplus property sale proceeds, and School
Facility Improvement and Community Facilities Districts (CFDs). Limited or no funding is
available for school facilities from the federal government.
Historically, the State has been responsible for passing legislation for the funding of
construction of public schools. To assist in providing school facilities to serve students
generated by new development projects, the State passed Assembly Bill (AB) 2926 in
1986. This bill allows school districts to collect impact fees from developers of new
residential and commercial/industrial building space. Development impact fees are also
referenced in the 1987 Leroy Greene Lease-Purchase Act, which requires school districts
to contribute a matching share of costs for construction, modernization, and reconstruction
projects.
Senate Bill (SB) 50, which passed in 1998, provides a comprehensive school facilities
financing and reform program, and enables a statewide bond issue to be placed on the
ballot. The provisions of SB 50 allow the State to offer funding to school districts to acquire
school sites, construct new school facilities, and modemize existing school facilities. SB 50
also establishes a process for determining the amount of fees developers may be charged
to mitigate the impact of development on school facilities resulting from increased
enrollment. Under this legislation, a school district could charge fees above the statutory
cap only under specified conditions, and then only up to the amount of funds that the
district would be eligible to receive from the State. The tradeoff for these funding
opportunities is that the Legislature preempted the field of CEQA impacts and mitigations
with respect to impacts related to "a district's ability to accommodate enrollment.''
(Government Code section 65995(e).) According to Section 65996 of the California
Kimley»)Horn Page 2-5
Heritage Park
Final EIR
Government Code, development fees authorized by SB 50 are deemed to be 'full and
complete school facilities mitigation':
SB 50 establishes three levels of developer fees that may be imposed upon new
development by the governing board of a school district depending upon certain conditions
within a district. These three levels are as follows:
Level l
Level I fees are the base statutory fees. These amounts are the maximum that can be
legally imposed upon new construction projects by a school district unless the district
qualifies for a higher level of funding.
Pursuant to Section 65995 of the California Government Code, as of January 2008, the
statutory maximum Level I school fees that may be levied by a school district on new
development is a maximum of$2.97 per assessable square foot of residential construction
and a maximum of $0.47 per square foot of enclosed and covered space for
commercial/industrial development. These rates are established by the State Allocation
Board, and may be increased to adjust for inflation based upon a statewide cost index for
Class B construction. To implement Level I fees, the governing board of a school district
must adopt a nexus study linking development impacts and the need for construction of
new facilities. Although not standard, such studies are frequently referred to as Developer
Fee Justification Study (DFJS).
Level2
Level 2 fees allow the school district to impose developer fees above the statutory level, up
to 50 percent of new school construction costs. To implement Level 2 fees, the governing
board of the school district must adopt a School Facilities Needs Analysis (SFNA) and meet
other pre-requisites in accordance with Section 65995.6 of the California Government
Code.
The purpose of an SFNA is to determine the need for new school facilities attributable to
growth from new residential development (California Government Code §65995.6). An
SFNA documents that the district has met prerequisite eligibility tests and calculates the fee
per square foot of new development. If the school district is eligible for State new
construction funding, the State will match the Level 2 fees if funds are available.
Level
Level 3 fees apply if the State runs out of bond funds, allowing the school district to impose
100 percent of the cost of the school facility or mitigation minus any local dedicated school
monies. If the State runs out of bond funds, the DUSD would be eligible to charge Level 3
fees.
CEQA Limitations Under Senate Bill 50
SB 50 employs three primary means to preempt the field of development fees and
mitigation measures related to school facilities. First, it authorizes developer fees, but
KimleyoHorn Page 2-6
Heritage Paris
Final EIR
provides for a cap on the amount of fees, charges, dedications or other requirements which
can be levied against new construction to fund construction or reconstruction of school
facilities. Second, SB 50 removes denial authority from local agencies by prohibiting denial
of legislative or adjudicative acts based on a developer's refusal to provide school facilities
mitigation exceeding the capped fee amounts, or based on the inadequacy of school
facilities. Third, it limits mitigation measures which can be required, under the California
Environmental Quality Act or otherwise, to payment of the statutorily capped fee amounts
and deems payment of these amounts to provide full and complete school facilities
mitigation (See Chawanakee referenced below, citing to Miller& Starr, Cal. Real Estate (3d
ed. 2007) § 25:49, pp. 25-213 to 25-214, fns. omitted.)
Specifically, Subdivision (h) of Government Code section 65995 provides that payment of
the statutory fee is "deemed to be full and complete mitigation of the impacts of any
legislative or adjudicative act, or both, involving [the] development of real property ... on
the provision of adequate school facilities." Furthermore, a public agency may not refuse to
approve the development of real property based on the developer's refusal to provide
school facilities mitigation that exceeds the amount authorized by statute. (Gov. Code, §
65995, subd. (i).) The developer fee approach is a common CEQA mitigation technique
for a project's contribution to cumulative impacts (See e.g., CEQA Guidelines section
15130(a)(3).)
Recent Legal Interpretation
In the first major decision since the enactment of the Leroy F. Greene School Facilities Act
of 1998(a.k.a. "SB 50") to examine the complex interplay between the California
Environmental Quality Act ("CEQA") and the school impact fee limitations enacted as part
of SB 50, the California Court of Appeal, Fifth District held that in addition to prohibiting
mitigation of impacts on school facilities beyond statutory school fees, the provisions of SB
50 allow land use agencies to exclude from their CEQA documentation any discussion or
analysis of the impacts of new construction on school facilities in their CEQA
documentation. (Chawanakee Unified School District v County of Madera, et al., (201 1)
196 Ca1.App.4th 1016)
Background
SB 50 implemented a new state funding scheme for school facilities, and expanded the
school impact fee statutes to allow districts to charge additional statutory square footage
fees on new development in certain circumstances. SB 50 also took away the ability of land
use authorities to condition development approvals on the payment by developers of
amounts in excess of statutory fees, to offset the impact of development on local school
facilities. SB 50 overturned several key court decisions that collectively had formed the basis
for school districts to challenge new development through the CEQA process.
The Chawanakee case arose out of the approval by the County of Madera ("County'') of a
large residential development that was anticipated to bring 3,200 new students into the
Chawanakee Unified School District ("District''). Presumably, though unstated, the District
lacked sufficient school capacity to house the anticipated students, and school impact fees
KimleyoHorn Page 2-7
Heritage Park
Final EIR
were insufficient to provide the needed facilities. Throughout the lengthy environmental
review process, the District objected to the County's Environmental Impact Report ("EIR''),
citing numerous defects in the EIR. The County considered the District's objections, but
approved the project.
In challenging the project approval, the District contended that SB 50 did not eliminate the
requirement under CEQA for full disclosure within the EIR of significant environmental
effects of development on school services. The District argued that SB 50 did not affect
requirements that an EIR contain a full analysis and disclosure of school-related
environmental effects of a project, in order to consider alternative mitigation measures. In
contrast, the County contended that SB 50 strictly limits the County's consideration, as well
as mitigation, of school impacts.
Decision
The court held that the reference in Government Code section 65996, subdivision (a)
("section 65996(a)") to statutory fees being the "exclusive method of considering and
mitigating impacts" meant that the inclusion of a description and analysis of impacts on
school facilities in the EIR was not required. Because the "methods" set forth in section
65996(a) are ''exclusive," the provision eliminates the need for an EIR to contain a
description and analysis of a development's impacts on school facilities. As a result, the
court rejected the District's claim that the EIR approved by the County violated CEQA
because it lacked any analysis of the environmental consequences for the existing school
facilities that would be forced to accommodate hundreds of students beyond current
overcrowded conditions.
The court also examined the phrase ''impacts on school facilities,'' and determined that the
Legislature's use of the word ''on" (as opposed to "related to'') narrowed the applicability
of the statute by limiting the impacts excluded from consideration and mitigation under the
provision. Consequently, a project's indirect impacts on parts of the physical environment
that are not school facilities are not excused from being considered and mitigated. Applying
this interpretation to the dispute at hand, the court agreed with the District and concluded
that an impact on traffic, even if that traffic is near a school facility and related to getting
students to and from the facilities, is not an impact ''on school facilities" for the purposes of
section 65996(a). Therefore, such an impact must be considered in the EIR.
Finally, the court also noted that the reasonably foreseeable impacts of the construction of
new facilities on the non-school physical environment, such as dust that degrades air quality
and noise caused by construction activity, were not "impacts on school facilities'' and were
not excluded from consideration in the EIR.
Endings
The court's decision attempts to clarify the language of section 65996(a), as amended by
SB 50, and to assist districts in understanding the legal standard to which they may hold
their local land use agencies when new projects come forward. The court distinguished
what kinds of environmental impacts on schools, students and facilities are required in
Kimley»)Horn Page 2-8
Heritage Park
Final EIR
CEQA documentation, and which are not. As articulated by the court, SB 50 strictly limits
the disclosure, discussion and analysis of the physical impacts of new development on
school grounds, school buildings and "any school-related consideration relating to a school
district's ability to accommodate enrollment." However, impacts on parts of the physical
environment that are not school facilities (such as traffic, air quality, and noise), are not
excused from consideration and mitigation and must be included in the EIR.
Local Funding
Measure C
In 2004, the citizens of the City of Dublin passed Measure C, a Dublin Unified School
District ("District") bond measure. Measure C authorizes the District to issue school bonds
in series over time in aggregate principal amount not to exceed $184,000,000 at an interest
rate not exceeding the statutory maximum. The purpose of the bonds is to finance the
District projects and purposes set forth in the ballot measure and to qualify for state
matching grants for school construction projects. Measure C requires an annual
performance and financial audit pursuant to Education Code Section 15264 et seq.) and
provides for the appointment of a citizens' oversight committee pursuant to Education
Code Section 15278 et seq. to review and report on whether the funds are spent in
accordance with the measure.
As stated in the arguments for the (voter) bond measure, as registered with Alameda
County, "Measure C will accommodate the growing student population by expanding and
renovating necessary buildings at all school sites and by developing new state-of-the-art
high school facilities.''
According to the Measure C Bond Update Progress Report (DUSD, March 2013), the
DUSD had expended $131M in bond funds through June 2012 and has approximately
$53M remaining. The final sale of Measure C funds was anticipated in 2013, but was
anticipated to be sold in 2015 as a result of depression in assessed value. Current estimates
of the final Measure C Bonds indicate the final sale may not occur until 2017. Economically
driven delays in Measure C bond sales continue to necessitate the Board of Trustees to
prioritize limited resources. Key District priorities continue to move forward at Murray
Elementary School, Wells Middle School and Dublin High School.
Measure E
On June 26, 2012 the DUSD Board of Trustees approved and certified that Measure E
(aka Dublin Quality Education and Safe Classrooms Measure) was approved by more than
55% of the votes cast at the Bond Election on June 5, 2012 (62% voted to approve).
Measure E is a bond that allows the DUSD to borrow $99 million to finance school
facilities projects in the measure. The bond allows for the collection of $29 for every
1 http://www.smat-tvcter.otg/2004/II/02/ca/alm/meal/C/
KimleyoHorn Page 2-9
Heritage Park
Final EIR
$1,000 in assessed property value. In a written statement regarding the bond, Dr. Stephen
Hanke, Superintendent of the DUSD stated that Measure E will:
• Protect quality education in core subjects like math, science, reading and writing
• Update science and computer labs for students
• Provide up-to-date computers and academic technology
• Update classrooms and facilities to meet current fire, emergency and safety codes
• Prevent student overcrowding
• Improve energy efficiency to provide ongoing savings to fund instruction and
teachers
Passage of Measure E also qualified the DUSD to levy a justified Level 2 fee, based on their
adopted SFNA, which was approved by the DUSD Board of Trustees on August 28, 2012.
This Level 2 fee is currently $4.79 per square foot of new residential area.
Conclusion
Because development fees authorized by SB 50 are deemed to be "full and complete
school facilities mitigation", cumulative impacts would not be applicable per the developer
fees that are imposed upon each new development. For the proposed project, the
applicant will be required to pay the DUSD approximately $646,650 in Level 2 fees for the
single-family residential units and approximately $6,580 in Level I fees for the commercial
building. Additionally, individual homeowners will be required to pay fees associated with
the financing of both the Measure C and Measure E bonds.
DUSD asserts that the project impact on schools is clearly not less than significant and that
developer fees are inadequate mitigation. The existing discussion in the DEIR and the
expanded discussion above directly refutes both assertions. The Legislature has preempted
the filed in both respects and determined that statutory development fees constitute full
and complete mitigation on these matters.
Furthermore, the proposed project was determined to be consistent with the City of
Dublin General Plan (updated May 2013) and the City's Capital Improvement Program and
all cumulative impacts addressed in the Draft EIR were determined to be less than
significant.
Response to Comment 3-4— Indirect Cumulative Impacts
The commenter notes that the Draft EIR only considered impacts associated with the
development of the project, and did not consider other impacts including increased traffic
resulting from students being required to travel from the proposed project to the receptor
schools, and the associated impacts to air quality from these trips.
Indeed, in the case of Chawanakee Unified School District vs County of Madera, described
above, the court determined that impacts on parts of the physical environment that are not
Kimley»)Horn Page 2-10
Heritage Park
Final EIR
school facilities (such as traffic, air quality, and noise), are not excused from consideration
and mitigation and must be included in the EIR.
The phrase "impacts on school facilities" used in Senate Bill 50 does not cover all possible
environmental impacts that have any type of connection or relationship to schools. As a
matter of statutory interpretation, the court concluded that the prepositional phrase "on
school facilities" limits the type of impacts that are excused from discussion or mitigation to
the adverse physical changes to the school grounds, school buildings and "any school-
related consideration relating to a school district's ability to accommodate enrollment."
(Gov. Code, § 65996, subd. (c).) Therefore, the court ruled that the project's indirect
impacts on parts of the physical environment that are not school facilities are not excused
from being considered and mitigated.
Based on the Chawanakee case, the City examined whether there were any indirect traffic
impacts on school facilities. The District says it plans to add new classrooms to
accommodate existing deficiencies; it is not clear that the modest increase in students from
the Project would require any additional facilities beyond those already planned. In any
case, in the Heritage Park Draft EIR, the traffic analysis indicated that there would be a net
reduction in the number of average daily traffic trips. Specifically it stated the following:
Transportation and Circulation - As shown in Table 4-1: Trip Generation of the
Proposed Project Compared to Existing Conditions, the proposed project would
result in a decrease in average daily trips during the AM and PM peak hours as
compared to the trip generation for the existing development.
Table 4.1:Trip Generation of the Proposed Project Compared to Existing Conditions
s
ITE Description Code Size Units Trips
Daily AM PM
Existing Conditions
General Office 710 I 1 0,000 SF I,4 I I 207 202
Proposed Trip Generation
General Office 710 14,000 SF 294 39 94
Single Family 210 54 DU 517 41 55
Residential
Total 81 1 80 149
Delta -600 -127 -53
Source:RBF Consulting 2013
Kimley>»Horn Page 2-11
Heritage Park
Final EIR
Given the change in land use from the existing office to largely residential, commute
patterns during the AM and PM peak hours would generally be opposite. However, the
relatively few number of additional students (approximately 46) traveling to three or more
different schools would result in a negligible increase in traffic adjacent to school roadways
and intersections, and there would be no impact.
The Draft EIR concluded that the proposed project would have no impact on
transportation, and correspondingly, no impact on air quality associated with transportation.
There would also be no impact associated with a concentration of vehicle emissions
around schools and the increase in trips to these facilities would be negligible. Finally, no
construction is proposed in the immediate area of a school, and in any case, the Project
would be required to implement the DER mitigations for construction noise and emissions
to protect sensitive receptors in the area.
Kimley>»Horn Page 2-12
Comment Letter #4
April 15, 2014
Mike Porto
Community Development
City of Dublin
Dear Mr. Porto,
I am writing today as a representative of the Dublin Historical
Preservation Association (DHPA), In my capacity as President of the
board of directors I have had an opportunity to review and discuss with
our board the proposed Draft EIR for the project known as Heritage
Park. As it sits directly across Donlon Way from the Dublin Heritage
Park and Museums, it is an important component of this very historic
area of the Dublin community.
Having met with the developer for the project and studied the Draft EIR
DHPA has still three areas of concern we would like to comment on for
your consideration.
Parking remains a concern for our board. We understand the vision of
shared parking, and that certainly can work depending on who is
sharing. If it were park guests and a business center that is closed on the
week-end that would make more sense. Unfortunately,when you add
fifty plus housing units to the mix, parking demands grow greater.We
do understand the plan for space for two cars in the garage and two in
the driveway, and while on paper it looks really good,the reality of 4-1
living in four and five bedroom homes is that usually there are older
children as well many visitors or house guests that also need to be
accommodated. The seven additional curbside spaces on the east side
of Donlon Way that will be added will most likely be used by the
residents. Our suggestion would be to include plans for shared parking
at other sites close to the park as well.There are businesses to the west
of the park and across Dublin Blvd. that have space that could be
designated for overflow parking during Heritage activities and events.
Our parking concerns tie closely to our concern for the intersection of 4_2
Dublin Blvd. and Donlon Way. Traffic coming off the hill and heading
east mixing with drivers making a right turn onto Dublin Blvd. and the
left turn off of Dublin Blvd. onto Donlon Way creates an adventure at
best. When you add the mix of visitors who might also be trying to cross 4-2
Dublin Blvd. on foot to enter the park, we feel a dangerous situation is (cont'd.)
only time away.We would like you to consider options that would make
this area safer for pedestrians and drivers.
Our last concern deals with the families living at Heritage Park. No
where on the plan did we see any kind of tot lot or play area for younger
children. We do not feel that the Heritage Park and Museums is 4-3
equipped to handle the children living across the street. These families
have no playground with appropriate equipment set up for 50-100
children who could potentially be living in close proximity. Developing
at least a tot lot might help families with small children in search of
some play space.
These comments are not made in an effort to drive away a project that
offers many benefits to the city,but rather an opportunity to share
concerns that we feel need to be addressed to make this project work in
harmony with the wonderful investment the City and the residents of
Dublin have put forth with the Heritage Park and Museums.
Thank you for your consideration.We look forward to your comments.
:4:
Steven L. Lockhart
President, D.H.P.A.
Heritage Park
Final EIR
Response to Comment Letter#4 from Mr. Steven Lockhart, Dublin
Historical Preservation Association (DHPA), dated April 15, 2014
Response to Comment 4-1 —Parking
As noted in the Draft EIR, primary access to the project site would be provided off Donlon
Way and would include an internal network of streets (Streets A through E). The
residential component of the proposed project would include a total of 250 parking spaces,
including 108 garage spaces (two per house), 108 driveway spaces (two per house), and 34
guest spaces. Additionally, six new publicly accessible parking spaces would be constructed
along the east side of Donlon Way. This parking allocation of 250 residential parking
spaces exceeds the City of Dublin Municipal Code Section 8.76.080 Parking Requirements
by Use Type by 99 spaces which requires 151 spaces, as shown in the following:
Residential Use Type Number of Parking Spaces Required
Lots of 4,000 square feet or 2 in enclosed garage per dwelling plus one on-street parking space per
less dwelling unit within 150 feet of that dwelling unit.
Lots greater than 4,000 2 in enclosed garage per dwelling`.
square feet
Source: City of Dublin Municipal Code Section 8.76.080 Parking Requirements by Use Type,May 2014.
The parking area for the proposed commercial building would be shared with the two
adjacent properties located north of the project site (Church of Christ and the Frankie,
Johnnie, and Luigi restaurant) adjacent to Dublin Boulevard. The parking lot would include
71 standard spaces; 40 compact spaces; and six accessible spaces for a total of 1 18 parking
spaces. The project applicant proposes to enter into a shared parking agreement with the
church and restaurant to share these spaces, taking into account hourly and day of week
parking demands between the uses. With the primary hours of commercial use during the
daytime, and the primary hours of the restaurant and church as evening and weekend, a
shared parking program is expected to be adequate and makes more effective use of the
parking lot. The shared parking agreement will be considered as part of the project
approval process.
Shared use parking is allowed under the City of Dublin Municipal Code Section 8.76.050 F
— Parking Reductions for Shared Parking. In such cases, the Community Development
Director may grant a reduction in off-street parking requirements (from the sum of the
parking required by each use type) in compliance with Chapter 8.102, Minor Use Permit.
Reductions for shared parking may be granted if the Community Development Director
finds that each of the following standards is met:
1. A sufficient number of spaces are provided to meet the greatest parking demands
of the participating use types and to ensure that there will not be a parking
deficiency.
KimleyoHorn Page 2-13
Heritage Park
Final EIR
2. Satisfactory evidence is provided that the use types, by their natures and operating
times, will not conflict with each other.
3. Overflow parking will not adversely affect any adjacent use.
4. Additional documents, covenants, deed restrictions, or other agreements as may be
deemed necessary by the Community Development Director are executed to
assure that the required parking spaces provided are maintained and that uses with
similar hours and parking requirements as those uses sharing the parking facilities
remain for the life of the documents, covenants, deed restrictions, or other
agreements.
Staffs preliminary review indicates that the four required findings can be met.
Response to Comment 4-2 — Unsafe pedesthan/vehicular traffic Conditions at the
Intersection of Dublin Boulevard and Donlon Way
err The intersection of Dublin Boulevard and Donlon Way is outside of the project boundary
and would not be modified as part of the proposed project.
As shown in the figure below, this intersection includes special colored treatment on the
pavement to clearly identify pedestrian crossings on all four segments. This pedestrian
treatment is more extensive than most intersections in the City and has been constructed
according to city and state design standards.
r
KimleyoHorn Page 2 I4
Heritage Park
Final EIR
Additionally, as noted in Table 4-1: Trip Generation of the Proposed Project Compared to
Existing Conditions of the Draft FIR, the proposed project would result in a decrease in
average daily trips during the AM and PM peak hours as compared to the trip generation
for the existing development.
Therefore, the project itself will result in less average daily trips at this and other
intersections. Given the existing improvements, pedestrians from the proposed project or
otherwise, will be able to cross safely at the Donlon Way/Dublin Boulevard intersection
using the existing pedestrian crosswalks.
Response to Comment 4-3 — Park Space and Recreation
While the City does not believe nor endorse the statement that Heritage Park and
Museum is not equipped to handle children living across the street, the project applicant
has agreed to install a "tot-lot" for children living in the residential units in the proposed
project, There is adequate room in the project for this added feature which has been
included in the final project design as shown in the Site Development Review drawings to
be reviewed and approved by the Planning Commission and City Council.
KimleyoHorn Page 2-15
Comment Letter#5
April 16,2014 RECEIVE[)
City of Dublin,Community Development Dept. APR 17 2014
Attn: Mike Porto, Consultant Project Manager
100 Civic Plaza Dublin, CA 94568 DUBLIN PLANNING
Dear Mr. Porto
I have reviewed the draft EIR for the proposed Heritage Park project and wish to offer
my comments on the document and some concerns on the impacts of the development.
As a Docent and member of the Heritage Guild at the Heritage Park and Museums across
the street,I have a great interest in preserving and enhancing the historic nature of this
area. I am also on the Board of DHPA and support the areas of concern expressed in a
separate letter sent from the Board President.
I have great concern of adequate parking for both the residents, the restaurant,the church,
and users of the Heritage Park and Museums. Conflicts can arise with the planned shared
parking. If residents or business users find it convenient to use parking on Donlon Way,
this will impact available parking for weddings,funeral services,or other reserved events 5-1
at City facilities in the park as well as for scheduled special events. Extra resident and
guest parking should be provided within the project complex as well as the City looking
for other possible parking space outside the park for special events,etc.
The aesthetics of the area will change with the removal of many of the trees and with the
homes lining Donlon Way being much closer to the street than the current office
complex. While the design of the homes facing the street look nice,it would be much
nicer if they were set-back further from the street to retain some of the previous 5-2
ambiance. It would also be great if at least one or two of the"Heritage"walnut trees on
Donlon Way could be preserved as part of the history of the area,possibly near the
entrance of the project. There may be one or two in better condition than the others.
I am pleased to see that a number of the existing trees along San Ramon Rd before the
freeway on--ramp will be retained on the outside of the planned project sound-wall. Great
effort should made to keep them healthy during construction to soften the visual effect 5-3
when entering or departing Dublin. More native trees and less ornamental trees should
be planted on site. Also any plan for sycamore trees should consider that they are water
loving trees.
There is no mention in the EIR of the historical marker for the Murray-Green Homes
located on the east side of the office complex. The developer say he plans to move it to 5-4
the project entrance,but this plan should be reflected in the EIR.
Another concern is the building of homes right along the 25 foot buffer from the
Calaveras Fault Line. While legal,this assumes a lot for the accuracy of the assessments 5-5
to the potential homeowners. This is a potentially significant impact to the project that
has been mitigated to less than§ignificant by the seismic assessments performed. How
i
will this information be publicized to the potential homeowner? I would visit a business 5-5
located at that distance from the fault line,but I don't think I would want to live there! I (cont'd.)
There is one glaring error in the Draft FIR that evaluates existing and proposed water
demand that needs to be corrected. Especially since water usage is such a hot topic these
days. Table 2-1 states that for 54 units of medium density residential, the 225 gallons per
day per dwelling results in a usage of 1,215 gallons per day total,instead of 12,150
gallons per day.A major typo! I also wonder what homes with 4 to 5 bedrooms(with 5-6
kids) only uses 225 gallons per day. The table also suggests an existing usage at the
office park at 11,000 gpd interior and 20,625 gpd for the exterior! In the 30 year history
of the office complex have the numbers ever been that high? Have they been watering
the paved parking lot each day?This table makes no sense! How many other
inaccuracies of information are like this?
There is an assessment for increased demand for educational facilities(impact 3.10-3)
that states that the 54 residential units would generate 28 students. That means for family
homes of 4 to 5 bedrooms, half of them(or more) will be occupied by a family of two. 5-7
So there will be no impact on the schools! These homes are not 2 bedroom condos or
townhouses. There is a big mismatch with the specified criteria and reality. I guess
that's why they think that will be no major impact on kids using the Heritage Park across
the street.
Many of my concerns and comments could be resolved with a less dense housing project.
More on-site parking could be provided;a set-back from Donlon Way could be achieved;
less existing trees would need removal; homes would not need to be located so close to
the fault line;an on-site tot-lot could be provided for recreation for young children;less
impact on schools and other city provided services,etc.
5-8
Only two project alternatives were provided in the Draft FIR: a No Project Alternative
and a Retail/Office Alternative. Possibly the proposed project could be revised to a less
dense housing layout or a third project alternative be provided for less housing. I know it
is an economic issue to be viable, but one should take another look at the options.
Thanks for the opportunity to comment. I look forward to your response.
Sincerely,
Richard Guarienti
Heritage Park
Final EIR
Response to Comment Letter#5 from Mr. Richard Guarienti, dated April
16, 2014
Response to Comment 5-1 — Parking
See response to Comment 4-1, above.
The proposed project is not required to provide parking for special events associated with
Heritage Park. When special events have occurred there in the past, cars were parking on
the project site, which is private property, without the consent of the property owner.
Furthermore, the proposed project is proposing to construct six (6) new (additional)
publicly accessible parking spaces along the east side of Donlon Way.
Response to Comment 5-2—Aesthetics and Tree Removal on Donlon Way
The aesthetic appearance of the proposed residential units on Donlon Way and the
surrounding area were analyzed in Section 3.1 Aesthetics, of the Draft EIR. The Draft FIR
found that the proposed project would be consistent with the development standards and
design guidelines as identified in the Dublin V7 1age Historic Area Specific Plan and would be
more aesthetically appealing than the existing office building complex (see Impact 3.1-2
starting on page 3-9).
Regarding preservation of''one or two'' of the walnut trees on Donlon Way, the Final FIR
has been amended as they were erroneously identified as Heritage Trees which they are
not. Furthermore, a Preliminary Tree Report was prepared by Hort Science (October
2013) to access the condition of the trees on the project site. The report noted that:
"Twelve (12) Calif. black walnuts were present. Trees were variable in development
with trunk diameters from 6'' to 57" (#5). Tree condition was variable: 4 trees
were poor, 6 were fair and #25 (39'') and #41 (14") were good. Larger walnuts
had been impacted by development. This species is intolerant of root severance
and other changes associated with grading. In addition, trees #I — 5 were located
below overhead power lines and had been pruned to maintain clearance."
Based on this assessment and the fact that these California black walnut trees are not listed
by the City of Dublin as Heritage Trees, they would be removed. Furthermore, PG&E
were planning to eventually remove these trees due to interference with the underground
gas lines.
To help off-set the impacts to the Heritage Trees and other trees removed on site, the
project applicant has agreed to fund the City in the amount of $19,000 to assist in the
planting trees in the proposed Orchard in the Heritage Paris and Museums. This payment
would be provided to the City prior to issuance of the site grading permit.
Furthermore, as shown in Figure 2-13: Landscaping Plan of the Draft EIR, the proposed
project would include extensive on-site landscaping. This includes planting six trees (36"
box, species to be determined) along Donlon Way. Numerous other trees and shrubs
KimleyoHorn Page 2-16
Heritage Park
Final EIR
would be planted on the project site including redwoods, crape myrtle, Japanese maple,
and Southern magnolia. The extensive landscaping will provide a pleasing complement to
the historic park, the residential edge and to motorists in the area.
Response to Comment 5-3 —Trees Along San Ramon Road and On-site Landscaping
Comment noted. The existing tree along San Ramon outside of the project sound wall will
be retained and impacts during construction will be minimized during construction
consistent with requirements as described in Section 7.56.090 Tree Protection of the City
of Dublin Municipal Code.
The selection of trees and other landscaping identified in the proposed project are
addressed as part of the site development review process for consistency with
requirements as described in Chapter 8.88 Water-Efficient Landscaping Regulations of the
City of Dublin Municipal Code. As part of the Site Development Review, a lush landscape
pallet is proposed which will greatly accentuate the area. The proposed on-site landscaping
conforms to the City's plant materials listing.
Response to Comment 5-4 — Relocation of the Historical Marker for the Murray-Green
Homes
The historical marker for the Murray-Green Homes is currently located on the west side of
Building D, approximately 150 feet from the sidewalk fronting the east side of Donlon
Way.
The project applicant has agreed to relocate this mariner to the west side of the proposed
office building and adjacent to the sidewalk. This location will be more visible to the public
and will be consistent with the two existing markers located at the southwest and
southeast corners of Donlon Way and Dublin Boulevard. This marker relocation has been
included in the final project design as shown in the Site Development Review drawings to
be reviewed and approved by the Planning Commission and City Council.
Response to Comment 5-5 —Calaveras Fault Line and Buffer
Potential impacts associated with the potential for fault rupture were described in Impact
3.4-2 starting on page 3-64 of the Draft FIR. The analysis found that the middle third of
the proposed project is located within a currently designated AP Earthquake Fault Zone for
the Calaveras Fault. A single active fault trace extends across the project site at the
approximate location shown in Figure 3.4-3: Habitable Building Setback Zone. The
previous AP fault trenching performed to the north and south of the project site provides
adequate coverage to show that only one active fault trace from the Calaveras fault
extends across the project site.
Recent fault trenching performed at the project site by SFB Engineering (20 13) revealed
that the active fault trace forms a straight linear line across the project site and that it is well
constrained to that location. Soils observed in the trenching showed evidence of four fault
rupture events, the most recent event having occurred approximately 365 years ago and
that the fault rupture recurrence interval between those events is tentatively on the order
Kimley)»Horn Page 2-17
Heritage Park
Final EIR
of about 400 to 600 years. Future fault rupture is most likely to occur along previous
traces of fault rupture. Future fault rupture is expected to occur along the straight linear
fault projection shown in Figure 3.4-3: Habitable Building Setback Zone.
The proposed project includes a 25-foot fault set-back zone where no residential or
commercial development is proposed in accordance with the recommended set-back by
SFB Engineering. In addition, future development within the project site would be
performed in accordance with the latest edition of the CBC, the City Building Code, and
policies of the City of Dub/in Genera/ 11/an. Compliance with the statutory and design
requirements would ensure that no significant impacts related to fault zone rupture would
occur.
Based on this analysis, the Draft FIR reasonably concluded that the potential for fault
rupture is considered a less than significant impact with incorporation of the 25-foot
setback into the design of the proposed project and the construction conformance
requirements, and no mitigation is required.
Response to Comment 5-6—Table 2-1: Existing and Proposed Water Demand
See response to Comment 2-1, above.
Response to Comment 5-7— Project Impacts on DUSD Schools
See response to Comment 3-2, above.
Furthermore, children as well as any other person is allowed and encouraged to use the
adjacent Heritage Park, as this is a public park and a community asset for all residents and
guests to the City of Dublin.
Response to Comment 5-8—Project Density and Alternatives
The commenter suggests that a less density alternative be considered in the FIR.
Section 15126.6 Consideration and Discussion of Alternatives to the Proposed Project
requires that an FIR describe a range of reasonable alternatives to the project, or to the
location of the project, which would feasibly attain most of the basic objectives of the
project but would avoid or substantially lessen any of the significant effects of the project,
and evaluate the comparative merits of the alternatives. An FIR need not consider every
conceivable alternative to a project. Rather it must consider a reasonable range of
potentially feasible alternatives that will foster informed decision making and public
participation. An FIR is not required to consider alternatives which are infeasible. The lead
agency (in this case the City of Dublin) is responsible for selecting a range of project
alternatives for examination and must publicly disclose its reasoning for selecting those
alternatives. There is no ironclad rule governing the nature or scope of the alternatives to
be discussed other than the rule of reason.
As discussed in Section 3.8 Land Use Planning of the Draft FIR determined that the
proposed project would not conflict with applicable City of Dublin land use plans, policies
Kimley)»Horn Page 2-18
Heritage Park
Final EIR
or regulations. Specifically, Impact 3.8-2 analyzed potential impacts to the City of Dublin
General Plan, the Dublin Village Historic Area Specific Plan, and the City of Dublin Zoning
Code and determined impacts would be less than significant.
Furthermore, there are a number of project objectives (as described in Section 2.5 Purpose
and Objectives) of the Draft EIR that support the proposed project. Given this analysis, it
was determined that a less dense residential development project was not required under
CEQA Section 15126.6 as it would not avoid or substantially lessen any of the significant
effects of the project. Additionally, a less-dense residential development would not feasibly
enhance or augment the most of the basic objectives of the proposed project.
Page 2-19
Kimley>»Horn
Comment Letter #6
RECEIVED
APR 0 9 2014
7 April 2014 DUBLIN PLANNING
City of Dublin,Community Development Department
Attn: Mike Porto, Consultant Project Manager
100 Civic Plaza
Dublin, CA 94568
Subject: Comments on Draft Environmental Report(DEIR)Heritage Park EIR(State Clearing
House Number 201 3092043)
Dear Mr. Porto,
I believe the proposed project, as described,does not adequately consider two important impacts.
These impacts should be further considered before moving forward.
The project will have a major impact on traffic at the corner of Donlon Way and Dublin
Blvd. Currently heavy traffic on Dublin Blvd.exceeds speed limits and the large number of U-
turns at the Donlon intersection increases the potential for accidents. This suggests that the
introduction of more cars turning into and out of the Donlon Way intersection will increase the
risk of pedestrian and vehicle accidents. This is especially the case since the intersection has no 6-1
stoplight or sign. The traffic calculations done in the report are not based on actual traffic
patterns at the intersection. A new traffic analysis of the intersection should be done before the
project's approval. It should determine how the project will affect traffic and what mitigations
could be introduced to improve pedestrian and vehicle safety.
The project will put a number of houses almost directly on an active fault line. Given the 6-2
increasing probability of a major earthquake on this fault,the proposed offset does not seem
sufficient.
If you have any questions,please contact me. Thank you for the opportunity to comment.
Si cerely,
Steven Minniear
11902 West Vomac Road
Dublin,CA 94568
i
i
I
Heritage Park
Final EIR
Response to Comment Letter#6 from Mr. Steven Minniear dated April 7,
2014
Response to Comment 6-1 — Unsafe pedestrian/vehicular traffic Conditions at the
Intersection of Dublin Boulevard and Donlon Way
See response to Comment 4-2, above.
Response to Comment 6-2—Calaveras Fault Line and Buffer
See response to Comment 5-5, above.
Kimley)))Horn Page 2-20
Heritage Paris
Final EIR
3 Changes to the Draft EIR
Changes to the Draft EIR are shown on the following pages.
Kimley)))Horn Page 3-1
Heritage Park DFaft Final EIR
Executive Summary
Table S-I: Executive Summary of Project Impacts
Project Impacts Level of Significance it Measures Resulting Level of
Without Mitigation Significance
Aesthetics
Impact 3.1-1: Damage Less than Significant No mitigation measures necessary Less than Significant
to Scenic Resources
along Scenic Highways
Impact 3.1-2: Less than Significant No mitigation measures necessary Less than Significant
Degradation of the
Visual Character of the
Project Site and
Surrounding Area
Impact 3.1-3: Light and Less than Significant No mitigation measures necessary Less than Significant
Glare
Air Quality
Impact 3.2-1: Short- Potentially MM 3.2-1 a: Implement Short-term Less than Significant
term Construction Significant Construction Best Management
Emissions Practices
MM 3.2-1 b: Implement NOX
Reduction Measures
Impact3.2-2: Long- Potentially MM 3.2-2: Implement only natural Less than Significant
Term Operational Significant gas hearths in residential units
Emissions—Regional
Emissions
Impact 3.2-3: Long- Less than Significant No mitigation measures necessary Less than Significant
Term Operational
Emissions- Localized
Carbon Monoxide
(CO)
Impact 3.2-4; Long- Potentially MM 3.2-4: Provide Upgraded Less than Significant
Term Operational Significant Ventilation Systems. Exposure to
Emissions—Toxics Air Odorous Emissions
Contaminants
Impact 3.2-5: Exposure Less than Significant No mitigation measures are Less than Significant
to Odorous Emissions necessary
Impact 3.2-6: Long- ;gin Ne mitigatieR measures are Less than Significant
Term Operational Siga+f+c-aatPotentially MM 3.2-2: Implement
Emissions—Clean Air Significant only natural gas hearths in
Plan Consistency. residential units
Cultural Resources
Impact 3.3-1: Historical Less than Significant No mitigation measures necessary Less than Signif cant
Resources
Kimley»)Horn Page ES-3
Heritage Park DFafFinal EIR
Project Description
2.8 Infrastructure Improvements
Stormwater
The project site is divided into two drainage areas. These drainage areas will be maintained
with the proposed improvements. Drainage Area I is 0.9 acres and it made up of the
existing church and restaurant buildings. The total flow generated by Area I was estimated
to be 1.7 cubic feet per second (cfs) (Carlson, Barbee Gibson, 1 1/24/13). Total post
development flow was estimated to be 3.4 cfs, for a net increase of 1.7 cfs. Area I
discharges into an existing 27" storm drain main located in Dublin Boulevard, which has a
full flow capacity of 17.0 cfs. At present, it is not known yet if there is sufficient capacity in
this 27" storm drain to accommodate the additional flow. The project applicant plans to
conduct a more details analysis as part of final design to determine if there is sufficient
capacity in the existing storm drain main. If not, a portion of the runoff generated by Area
I would be detained within a planned bioretention area to ensure that post development
flows do not exceed pre-development flows off site.
Drainage Area 2 is 7.1 acres and includes the existing office buildings and parking lots. The
total flow generated by Area 2 was estimated to be 1 1.7 cfs. Stormwater from Area 2
would be retained in one of two bio-retention ponds before being discharged into an
existing 24'' storm drain pipe, located in the southeast corner of the site. This pipe
connects to an existing concrete lined channel (Dublin Creek) located within the Caltrans
right-of-way. The full flow capacity of the 24'' outlet pipe was determined to be 12.4 cfs.
The total post-development flows generated by Area 2 was determined to be 8.5 cfs, or a
reduction of 3.2 cfs (Carlson, Barbee Gibson, 1 1/24/13).The preliminary infrastructure
improvement plans are shown in Figure 2-8: Preliminary Utility Plan and Figure 2-9:
Preliminary Storm Water Management Plan.
Potable Water
The project site has multiple water laterals, which serve the existing office buildings located
off of Donlon Way. The proposed project would include an additional connection point to
the existing eight-inch main within Dublin Boulevard to create a looped system. As shown
in Figure 2-8: Preliminary Utility Plan, the on-site water system will serve Single Family
Residential Lots 8-54, while Lots 1-7 will be served with individual laterals from the public
water main located in Donlon Way.
Water Demand
As shown in Table 2-1: Existing and Proposed Water Demand, the proposed project
would result in man increase in the water demand of 1):6,669721.9 gallons per day
as compared to the existing commercial/office uses at the project site.
Kimley}>)Horn Page 2-5
Heritage Park 9mft Final EIR
Project Description
Table 2-1: Existing and Proposed Water Demand
Land Use.. _ Unrts;and°Acres' V�later Generation,fate. Water Generation
Exis6ng Land Use
Commercial/Office 0.10 gallons per day/square
1 10,000 square feet(interior) and 4-P-43 12.5 1 1,000 gpd (interior)
feet gallons per day per acre 20 2,062.5 gpd
6.6 Acres (exterior) (exterior)
Proposed Land Use
Commercial/Office 14,000 Square 0.10 gallons per day/square 1,400 gallons per day
Feet feet(interior) and 342--5312.5 (interior)
0.75 Acres gallons per day per acre 2-344234.4 gallons per
exterior day exterior
Medium Density 54 units 225 gallons per day/dwelling -1-,212,150 gallons per
Residential unit day
Subtotal 2,4-t-513,550 gpd
(Interior)
1,344234.4 gpd
Exterior
)2,550 gpd
(Interior)
{4 }1,828.1 gpd
(Exterior)
Net Difference 721.9 gpd
1. Rates from DRSD do not take into account recycled water use.
Source: DRSD and RBF Consulting,2013.
Sanitary Sewer
As shown in Figure 2-8: Preliminary Utility Plan, the proposed project would connect to the
existing eight inch sanitary sewer main located in Donlon Way. The existing sewer is
approximately five feet deep at the proposed tie-in point and therefore the proposed
project would require installation of a sewer pump. The on-site sewer system would serve
Lots 8 to 54 and Lots I to 7 and would have laterals connecting to the existing sewer main
located within Donlon Way. A separate sewer lateral would be installed for the
commercial office building, which would connect to the existing main in Donlon Way.
2.9 Construction Activities
Demolition, Grading and Excavation
The proposed project would include grading and site preparation activities within the entire
project site. This would include the demolition the two-story commercial/office buildings
totaling and removal of asphalt and existing utilities, generating approximately 2,500 tons of
mixed material. Figure 2-11: Demolition Plan presents the proposed demolition plan.
Approximately 15,700 cubic yards of soil would be imported to the project site in order to
elevate the grade on the north, east, and west parts of the project site. The proposed
project also includes the construction of several retaining walls located throughout the
Page 2-6 Kimley)))Horn
Heritage Park DrA Final EIR
Project Description
project site including one at the southerly and easterly boundaries, which would be part of
the proposed sound walls. The preliminary grading plan for the proposed project is shown
in Figure 2-11: Preliminary Grading Plan.
Tree Removal and Landscaping
Based on the Preliminary Tree Report prepared by HortScience (October 2013) for the
project applicant, the project site contains 137 trees. Of these, 33 were rated as Excellent,
37 Good, 40 Fair and 27 Poor. There are 19 Heritage trees as defined by Section 5.60 of
the City of Dublin Municipal Code (Heritage Tree Ordinance). 18 of these Heritage trees
are Coast redwood and one is a Coast live oak.
As shown in Figure 2-12: Tree Removal Plan, the proposed project would remove 107
trees, 16 of which are classified as Heritage trees.
30 trees would be
preserved including three Heritage trees; namely two coast redwoods (29-inch and 25-
inches in diameter) and one coast live oak (28 inches in diameter) located on the
perimeter of the project site. To help off-set the impacts to these Heritage Trees and
other trees removed on site, the project applicant has agreed to fund the City in the
amount of$19,000 to assist in the planting trees in the proposed Orchard in the Heritage
Park. This payment would be provided to the City prior to issuance of the site grading
permit.
As shown in Figure 2-13: Landscaping Plan, the proposed project would include extensive
on-site landscaping. This includes planting 44six trees (36" box) along Donlon Way.
Numerous other trees and shrubs would be planted on site including redwoods, crape
myrtle, Japanese maple, and Southern magnolia.
2.10 Requested Actions, Entitlements, and Required Approvals
Initial entitlements required for development at the project site in the Dublin Vllage
Historic Area Specific Plan include the following actions to be taken by the Dublin City
Council:
E/R Certification: Certification of the Heritage Park Environmental Impact Report
(FIR), including findings that identify significant environmental impacts of the
proposed project and mitigation measures that must be implemented as part of the
Project, which will be reflected in the Mitigation Monitoring and Reporting Program
(MMRP) and imposed as conditions of approval on subsequent discretionary
approvals. This action will be adopted by resolution.
Genera/Plan Amendment For the proposed residential portion of the project site,
the City of Dublin Genera/Plan will be amended to: 1) Change the text to reflect
the new General Plan designation from Retail/Office to Medium Density Residential
and 2) Change the General Plan Land Use Map from Retail/Office to Medium
Density Residential for the residential portion of the project site.
Kimley»)Horn Page 2-7
Heritage Park Final HEIR
Aesthetics
within the planning area, which includes future development at the
project site. With implementation of these design standards and
guidelines, the proposed project is not anticipated to degrade the
visual character of the project site and surrounding uses and is
therefore considered a less than significant impact.
The existing two-story office buildings were constructed between 1978 and 1981 and
generally look dated and to be of poor architectural character. These buildings were
constructed with wood siding and flat roofs. Perimeter balconies surround most of the
office spaces resulting in dark void spaces on the ground level. The facades have little
architectural detail and consist of long, unarticulated "walls
The buildings are set back from the street and contain large open surface parking. From an
urban design perspective, the project site is not pedestrian-friendly and would be
considered incompatible with the City's design standards as described in the General P lan
Community Design and Sustainability Element as well as the development standards and
design guidelines as described in the Dublin Village Historic Area Specific Plan.
The proposed project has been designed in accordance with the Dublin Village Historic
Area Specific Plan. The proposed 54 single family residential homes would be two stories
and comprised of Craftsman and American Farmhouse style. Architectural elements and
details are consistent with these architectural styles providing variation in building form and
providing an appropriate scale with surrounding land uses (e.g. Heritage Park and
Museums). Proposed architectural details include the use of front and upstairs patios and
the use of different building materials (e.g. board and batten siding and shingles) that would
break up the perceived mass of the building and provide visual interest.
The proposed two-story 14,000 square foot commercial office would have a wrap-around
porch element, with low sloping roof planes, exposed rafter ends, and trellis work. A lobby
entry at the center of the building would be comprised of a covered trellis and gable roof.
An outdoor patio is also incorporated to one side, framed with a low river rock wall. The
second level of the commercial building would have gable elements and sloping roofs.
Mechanical equipment would be screened by the sloping roof around the perimeter. The
bottom floor of the commercial office building would have river rock at the base, wall
shingles at the ground level, board and battens for the second level, and a composition
roof.
As shown in Figure 2-12: Tree Removal Plan, the proposed project would remove 107
trees, 16 of which are Heritage trees. 30 trees would be preserved including three
Heritage trees; namely two coast redwoods (29-inch and 25-inches in diameter) and one
coast live oak (28 inches in diameter) located on the perimeter of the project site. To help
off-set the impacts to these Heritage Trees and other trees removed on site, the project
applicant has agreed to fund the City in the amount of $19,000 to assist in the planting
trees in the proposed Orchard in the Heritage Park. This payment would be provided to
the City prior to issuance of the site grading permit.
Page 3-10 Kimley>))Horn
Heritage Paris DFa€ Final EIR
Aesthetics
As shown in Figure 2-13: Landscaping Plan, the proposed project would include extensive
on-site landscaping. This includes planting 13-six trees (36" box, species to be determined)
along Donlon Way. Numerous other trees and shrubs would be planted on site including
redwoods, crape myrtle, Japanese maple, and Southern magnolia.
The overall change in the visual character of the project site from commercial/office uses to
a combination of residential and commercial/office uses would result in a change to the
character of the project site. However, the proposed project would be considered a
beneficial change in that it would be more consistent with the design guidelines and
historic-contextual design intended in the Dub/in Vi//age Historic Area Specific Plan and
thereby, would complement the surrounding uses. Therefore, the proposed project would
not result in the degradation of the visual character of the project site, which would be
considered a less than significant impact. No mitigation measures are necessary.
Light and Glare
Impact 3.1-3: The project site and its surroundings are currently developed with
buildings and site improvements that currently generate daytime and
night-time light and glare. Additional sources of daytime glare and
nighttime lighting would be introduced with implementation of the
proposed project. The Dublin Vllage Historic Area Specific Plan
includes design guidelines to reduce light and glare. With
implementation of these design guidelines, the proposed project
would result in a less than significant impact to light and glare.
Implementation of the proposed project result in a slight increase in daytime and nighttime
light and glare. The main sources of daytime glare would be from sunlight reflecting from
structures with reflective surfaces, such as windows. The main sources of nighttime light
and glare would be from additional lighting, including, but not limited to, internal and
external building lights from proposed residential uses, parking lot lights, street lighting, site
lighting, lights associated with vehicular travel (i.e., vehicle headlights), and any new security
lighting associated with the new commercial building.
The Dublin V//age Historic Area Specific Plan includes design guidelines that address lighting
within the project site, including, site lighting (e.g. ensuring that lighting is directed and
shielded) and glare (e.g. designing lighting so that only the intended area is illuminated and
off-site glare is controlled. The proposed project would be required to comply with these
lighting standards by demonstrating the proposed exterior lighting is non-intrusive while still
providing an adequate amount of light. Compliance with the design guidelines would
ensure that the proposed project does not introduce substantial light and glare which
would pose a hazard or nuisance. Therefore, the proposed project would have a less than
significant impact, and no mitigation is required.
Kimley»#Horn Page 3-11
Heritage Park Final DFa#EIR
Land Use and Planning
Policy G - Encourage the diversity of garage Consistent. The single-family residential homes
orientation and setbacks, architectural styles, building would be comprised of Craftsman and American
materials, color and rooflines, and other design Farmhouse architectural styles. Architectural
features, on all sides of all buildings in residential elements and details would include the use of front
areas. and upstairs patios and the use of varying building
materials (e.g. board and batten siding and shingles)
that would break up the perceived mass of the
building and provide visual interest. Garages would
generally be recessed from the front of each home.
Therefore, the proposed project would be
consistent with this policy.
Policy H - Orient buildings toward major Consistent. The proposed residential homes and
thoroughfares, sidewalks, pedestrian pathways, and the proposed commercial/office building located
gathering spaces, and incorporate clear and along Donlon Way would be oriented towards the
identifiable entries where feasible in campus office street with sidewalks connecting with Dublin
areas. Boulevard. Therefore, the proposed project would
be consistent with this policy.
10.7.3.2. Landscaping and Natural Features
Policy H - Preserve Mature trees and vegetation, Consistent. As shown in Figure 2-12: Tree Removal
with special consideration given to the protection of Plan,the proposed project would remove 107 trees,
groups of trees and associated under growths and 16 of which are classified as Heritage trees. 9f
specimen trees. these Heritage tFees, five of them ,l f
e;ack wa;,Uts leeated en the westem edge of
DeRlen 1,61a),. 30 trees would be preserved
including three Heritage trees; namely two coast
redwoods (29-inch and 25-inches in diameter) and
one coast live oak (28 inches in diameter) located
on the perimeter of the project site. To help off-set
the impacts to these Heritage Trees and other trees
removed on site,the project applicant has agreed to
fund the City in the amount of$19,000 to assist in
the planting trees in the proposed Orchard in the
Heritage Park. This payment would be provided to
the City prior to issuance of the site grading permit.
As shown in Figure 2-13: Landscaping Plan, the
proposed project would include extensive on-site
landscaping. This includes planting-I- six trees (36"
box) along Donlon Way. Numerous other trees
and shrubs would be planted on site including
redwoods, crape myrtle, Japanese maple, and
Southern magnolia.
Kimley»)Horn Page 3-115
Heritage Park Final Braf EIR
Public Services and Utilities
3.10 Public Services and Utilities
This section of the Draft EIR analyzes the impacts associated with implementation of the
proposed project on public services and facilities and services, including fire protection, law
enforcement, schools, libraries, parks/recreation facilities, stormwater drainage, potable
water, wastewater treatment, solid waste management, and other public utilities.
Information in this section is derived primarily from the proposed project, as well as
personal communication with service providers.
Environmental Setting
Fire Protection
The proposed project would be served by the Alameda County Fire Department
(hereinafter ''ACFD"), which provides fire protection and suppression services under
contract to the City of Dublin. ACDF currently consists of 36 line personnel.
ACDF has 28 fire stations, three of which are located in the City of Dublin. Station No. 16
is located at 7494 Donohue Drive; Station No. 17 is located at 6200 Madigan Avenue; and
Station No. 18 is located at 4800 Fallon Road.
• Station No. 16 houses one engine company, none patrol and a water tender, and a
patrol. This station provides initial response to west and downtown Dublin.
• Station No. 17 provides service to the west, and central core sections of Dublin
and would provide second response to the project area. This station houses
one engine and one truck company.
• Station No. 18 provides the primary response for the eastem most portions of
Dublin. This station includes one engine company and one bulldozer.
Law Enforcement
The proposed project would be served by the City of Dublin Police Department. Police
services for the City of Dublin are performed under contract to the Alameda County
Sheriffs Office. As of June 2013, the City of Dublin has 51 sworn personnel (Personal
Communication with Lieutenant Nate Schmidt, Alameda County Sherrff; Department/City
of Dublin Police Department, June 5, 2013).
Police Services are provided by the Alameda County Sheriff personnel located at the
Dublin Civic Center, 100 Civic Center Plaza. Services provided include uniformed police
officers patrolling the City in marked vehicles, criminal investigations, crime prevention, drug
enforcement prevention education programs, and special investigation officers responsible
for narcotic and vice suppression. Response times to various places in the City can vary
depending on the time of day and the available units. The average response time to a life-
or-death emergency averages approximately 3.5 to five minutes. For non-emergencies, the
response time is typically 15 minutes. Dispatch and some data processing functions are
handled at the Sheriffs Office facilities located in Oakland, San Leandro, and Hayward.
Dublin police also enforce city ordinances and state laws within the limits of the City of
Dublin.
KimleyoHorn Page 3-131
Heritage Park Final Draft EIR
Public Services and Utilities
required to pay school impact fees as required under State law to
the DUSD. This is considered a less than significant impact
The proposed project would allow for a future net new development potential with a
maximum of 54 residential units within the project site. Children from the proposed
residential dwelling units would likely attend DUSD schools including: Dublin Elementary
School; Wells Middle School; and Dublin High School. Based on the DUSD's student
generation rate for
small lot single-family residential dwelling units of 0.847 K-12
students per home and 54 homes, the proposed project would generate approximately 2-9
46 students. As shown in Table 3.10-1: Enrollment Capacity of Schools Serving the Project
Site, there is currently an excess capacity of 977 students at the schools that would serve
the proposed project.
Future development within the project site would be required by law to pay school impact
fees at the time of the building permit issuance. The DUSD currently charges Level 2
development fees in the amount of$ 4,79 per square foot of residential development
and $0.47 per square foot for commercial and industrial uses.
For the proposed project the applicant will be required to pay the DUSD approximately
$646,650 in Level 2 development fees for the single-family residential units and
approximately $6,580 in Level I fees for the commercial building. These fees are used by
the DUSD to mitigate impacts associated with long-term operation and maintenance of
school facilities.
Additionally, individual homeowners will be required to pay fees associated with the
financing of the both Measure C and Measure E bonds which are used to help pay in part
for new school facilities.
A project applicant's fees would be determined at the time of the building permit issuance
and would reflect the most current fee amount established by the DUSD. School fees
exacted from residential and commercial uses would help fund necessary school service
and facilities improvements to accommodate anticipated population and school enrollment
growth within the DUSD service area, and would allow for the DUSD to allocate these
funds as deemed necessary. Therefore, the increased demand on the DUSD is considered
a less than significant impact on school services, and no mitigation is required.
Increased Demand for Park and Recreation Facilities
Impact 3.10-4: The proposed project would increase the demand for park and
recreational uses within the project site. However, development
projects within the project area would be required to pay the City's
Public Facilities Fee prior to Building Permit issuance. This is
considered a less than significant impact.
Implementation of the proposed project would increase the demand for neighborhood and
community parks due to the projected increase in the residential population generated by
the proposed project. The City ofDubhn Genera/Plan establishes park standards that call
Kimley»)Horn Page 3-143
Heritage Paris Plan Final BFaft EIR
Public Services and Utilities
for five net acres per 1,000 residents. Based on a population estimate of 2.73 persons per
household and construction of 54 residential units, the proposed project would increase
the population by approximately 147 persons. This would result in the demand of .73
acres of parks. The proposed project includes private open space at the residential units
(e.g. private porches).
The Parks and Community Services Department Public Facilities Fee would be applied to
development at the project site. The Public Facilities Fees would vary according to the size
of residential units, the location of the development, and a credit for the dedication of land
and funding for construction of the parks. With payment of the City's public facilities fees
(Chapter 7.78 of the City of Dublin Municipal Code), the proposed project would have a
less than significant impact on park and recreation facilities in the City, and no mitigation is
required.
Increased Demand for Library Services or Other Public Facilities
Impact 3.10-5: The proposed project would result in an increase in demand for
library services. The proposed project would provide adequate
property tax revenue to the City, a portion of which is used to fund
libraries and other public facilities. Existing library facilities have
adequate capacity to serve the proposed project. In addition, the
proposed project would not physically impact other public facilities.
This is considered a less than significant impact.
The Dublin Library is a partnership between the City of Dublin and Alameda County
Library. Although the proposed project would increase the demand for library services,
funding for additional library facilities and other public facilities would be provided with an
increase in property taxes and therefore additional demand for these services could be met
concurrent with implementation of the proposed project. Implementation of the proposed
project is not anticipated to require the construction of new library facilities; would not
cause or accelerate the physical deterioration of existing library facilities; and would not
physically impact other public facilities. This would be considered a less than significant
impact, and no mitigation is required.
Change in Wastewater Demand
Impact 3.10-6 The proposed project would result in dee=easean increase in the
amount of wastewater generated at the project site.
Implementation of the proposed project would not require the
construction of new wastewater treatment facilities, or the
expansion of existing facilities. Additionally, the existing service
provider has an adequate capacity to meet this demand. Therefore,
this would be considered a less than significant impact
DSRSD provides wastewater collection services in the project vicinity. The proposed
project would connect to the existing eight inch sanitary sewer main located in Donlon
Way. The existing sewer is approximately five feet deep at the proposed tie-in point and
therefore the proposed project would require installation of a sewer pump. The on-site
Page 3-144 Kimley 0 Hotn
Heritage Park Final HEIR
Public Services and Utilities
sewer system would serve the Single Family Residential Lots 8 to 54 and Lots I to 7 and
would have laterals connecting to the existing sewer main located within Donlon Way. A
separate sewer lateral would be installed for the commercial office building, which would
connect to the existing main in Donlon Way.
As shown in Table 3.10-3: Proposed Wastewater Generation, the proposed project would
result in a dry weather flow of 4-,4 X914,100 gallons per day (gpd) based on an average daily
flow of 256 gpd per Single Family Residential unit and 367 gpd per acre for
commercial/office use. Compared to the existing wastewater generation of 2,426 gpd, the
proposed project would result in , Egan increase of the dry weather flow of
X41 1,674 gpd.
Table 3.10-3:Wastewater Generation
Wasteuatep
� k
M ::' ..Lari'f Use, ;Un ands,fires a v.ast +ater Y ene on;Ra#e .µ. Sri i*pq, u gp
Existing Land Use
Commercial/Office 6.6 Acres 367.64 gallons per day per acre 2,426 gpd
Subtotal 2,426 gpd
Proposed Land Use
Commercial/Office 0.75 Acres 367.64 gallons per day per acre 276 gpd
Single Family Residential 54 SFR units 256 gallons per day per SFR 113,824 gpd
SFR
Subtotal +4814,410 d
Total -17411,674 d
*Rates fi-om DRSD
picepesed
Public facility improvements for sanitary sewer drainage are managed and maintained by
the DSRSD DSRSD in collaboration with MWH Inc. completed a Wastewater Collection
System Master Plan Update in June of 2005 Land use data form the basis for estimating
wastewater flows in the collection system Based on the Wastewater Master Plan (2005),
the existing sewer infrastructure system that provides service to the project area is sized to
accommodate existing and planned development based on the City's General Plan and the
Dublin Village Historic Area Specific Plan rg owth projections.
Public facility improvements for sanitary sewer drainage are managed and maintained by
the DSRSD. In the District's Capital Improvement Plan, the costs of capital improvement
Projects are assigned to Local Sewer Replacement (Fund 210) and/or Local Sewer
Expansion (Fund 220). The Replacement F€und represents costs that are allocated to
existing users (generally through sewer rates), and the Expansion fund represents the costs
allocated to future users (generally through connection fees). Implementation of these
Kimley>})Horn Page 3-145
Heritage Park Plan Final HEIR
Public Services and Utilities
actions would ensure that adequate wastewater infrastructure exists to serve the proposed
project. In addition, implementation of the proposed project would be required to comply
with wastewater treatment requirements established by the Regional Water Quality
Control Board (RWQCB).
The wastewater treatment plant has an excess capacity of 5.52 million gallons per day
(DSRSD 2005) and could adequately serve the proposed project–and-4heFereFe—He `4
Additionally,
tThe proposed project would be required to pay the sanitary sewer connection fee to the
DSRSD 4-E�for the District to serve the proposed project.
Although implementation of the proposed project would result in an increase in the
demand for wastewater treatment and disposal this demand is not anticipated to result in
dry weather wastewater flows that exceed existing or planned capacity of the wastewater
treatment plant. This is considered a less than significant impact, and no mitigation is
required.
Change in Water Demand and Extension of Water Infrastructure
Impact 3.10-7: Implementation of the proposed project would result in a deEFease
an increase in the water demand at the project site. This would be
considered a less than significant impact.
As shown in Table 2 1: Existing and Proposed Water Demand the proposed project
would result in an increase of 721.9 gallons per day. The project site has multiple water
laterals, which serve the existing office buildings located off of Donlon Way. The proposed
project would include an additional connection point to the existing eight-inch main within
Dublin Boulevard to create a looped system. As shown in Figure 2-10: Preliminary Utility
Plan, the on-site water system will serve Single Family Residential Lots 8-54, while Lots 1-7
will be served with individual laterals from the public water main located in Donlon Way.
DSRSD is the purveyor of potable water in the City of Dublin. DSRSD purchases
wholesale water from Zone 7 who in turns purchases 70 percent of its water from the
State Water Project The remainder of the Zone 7 water is from groundwater aquifers
through the Livermore-Amador Valley.
Page 3-146 Kimley o Horn
Heritage Park Final Draft EIR
Public Services and Utilities
DSRSD in collaboration with West Yost & Associates completed a Water Supply Master
Plan Update in 2005 The Water Master Plan Update based future demand (in part) on
the City of Dublin's General Plan and respective Specific Plan growth projections. The
update recommends additional storage for the central Dublin area and potable water
system facility improvements to support existing and future conditions. No additional
pumping capacity is required for Pressure Zone I which includes the project area.
Potable Water Supply Availability and Reliability - Zone 7 is DSRSD's sole potable water
supplier and Zone 7 is aggressively planning for water supply programs and projects to
meet the water demands of its customers through buildout of the adopted general plans.
With Zone 7's planned programs and projects implemented DSRSD anticipates no water
supply shortage However, if Zone 7's planned programs and projects are not
implemented DSRSD anticipates:
• Approximately three percent water shortage starting 2030 during Normal years;
• Approximately one percent water supply shortage starting 2030 during a Single
Dry Year,
• For a multiple year event that starts in 2025 DSRSD will receive 100 percent of its
total potable water demand in the first year, 100 percent of its total water demand
in the second year, and 72 percent of its total potable water demand (28 percent
water shortage) in the third year,
• For a multiple year event that starts in 2030 DSRSD will receive 98 percent of its
total potable water demand (2 percent water shortage) in the first year, 100
percent of its total potable water demand in the second year, and 69 percent of its
total potable water demand (31 percent water shortage) in the third year,
• For a multiple d yyear event that starts in 2035 DSRSD will receive 98 percent of
its total potable water demand (2 percent water shortage) in the first year, 100
percent of its total potable water demand in the second year, and 69 percent of its
total potable water demand (31 percent water shortage) in the third year.
The Zone 7 Board of Directors adopted a revised water supply policy on October 17,
2012 which includes the following level of service goals:
• Meet 85 percent of Municipal and Industrial (M&I) water demands 99 percent of
the time;
• Meet 100 percent of M&I water demands 90 percent of the time;
• Meet at least 80 percent of the maximum month demand during an extended
unplanned outage.
The revised reliability policy does not change the amount of water supply available to the
retailers under Normal Single Dry or Multiple Dry years. Rather, it provides Zone 7 with
the additional flexibility and time necessary to evaluate develop and implement cost-
effective solutions necessary to allow Zone 7 to continue to provide a reliable high-quality
water supply to its customers in the face of an uncertain water supply future. Changing the
third goal to reflect a prolonged outage on the maximum month instead of the maximum
day should allow Zone 7 to develop more cost-effective solutions to major, prolonged
KimleyoHorn Page 3-147
Heritage Park Plan Final HEIR
Public Services and Utilities
shortages while also providing the time necessary to communicate with and obtain a
response from its customers (the water retailers).
DSRSD proposed to manage and further reduce its potable water demands through
additional conservation efforts and its recycled water program. However, if supply
shortages do occur, DSRSD may have to invoke its Water Shortage Contingency and
Drought Plan as described in the 2010 UWMP.
Pursuant to Water Code Section 10910(c)(4) and based on the DSRSD 2010 UWMP,
potable water demands for the proposed project can be met by the DSRSD during
Normal Single Dry and Multiple Dry water years for a 20-year protection with no water
supply shortage if Zone Ts planned programs and projects are implemented. If Zone Ts
planned programs and projects are not implemented the proposed project would be
subject to the same water conservation measures and water use restrictions as DSRSD s
other existing and future potable water customers as included in DSRSD's Water Shortage
Contingency and Drought Plan.
Recycled WaterAuai/ability and Reliability- Although more than what was included in the
DSRSD 2010 UWMP the projected recycled water demands for the proposed protect can
be met as wastewater collected in the DSRSD's service area exceeds projected recycled
water demands DSRSD anticipates resolving the current recycled water production
limitations and actual unit recycled water use would be less than projected unit recycled
water use (36 inches per year versus 48 inches per year) Furthermore DSRSD does not
anticipate significant issues in its ability to provide recycled water to its customers. DSRSD s
recycled water supply is reliable under Normal Single Dry, and Multiple Dry water years.
Therefore pursuant to Water Code Section 10910(c)(4) and based on the DSRSD 2010
UWMP potable and recycled water demands for the proposed project can be met during
Normal Single Dry and Multiple Dry years for a 20-year protection. Therefore, there is
adequate capacity to serve build-out of the proposed project.
Based on a review of these projections there is adequate capacity to service the proposed
project In addition new development would tie into the existing service lines. Other than
minor construction to improve and/or expand existing connections no major upgrades to
water infrastructure will be required Additionally, the application would be responsible for
the cost and construction of new infrastructure required to serve new development.
Implementation of these actions would ensure that adequate water infrastructure would be
available to serve the proposed project This would be considered a less than significant
impact and no mitigation is required.
Change in Stormwater Runoff
Impact 3.10-8: Implementation of the proposed project would result in a decrease in
stormwater flows through the project site. The proposed project would be
required to install proposed drainage improvements and pay applicable
impact fees at the time of issuance of the building permits. Therefore,this is
considered a less than significant impact.
Page 3-148 Kimley o Horn
Heritage Park Final Draft EIR
CEQA Considerations
Title 24, California's Energy Efficiency Standards for Residential and Non-residential
Buildings, was established by the California Energy Commission (CEC) in 1978 in response
to a legislative mandate to create uniform building codes to reduce California's energy
consumption, and provide energy efficiency standards for residential and non-residential
buildings. In 2010, the CEC updated Title 24 standards with more stringent requirements.
The 2010 Standards are expected to substantially reduce the growth in electricity and
natural gas use. Additional savings result from the application of the Standards on building
alterations. For example, requirements for cool roofs, lighting, and air distribution ducts are
expected to save about additional of electricity. These savings are cumulative, doubling as
years go by.
Implementation of the project design features would result in reduced project-related
GHG emissions. For example, the proposed project would comply with the Tier I
requirements of Title 24, Part I I (California Green Building Standards Code) of the
California Code of Regulations. Tier I requires projects to exceed Title 24 by 15 percent.
Additionally, the proposed project would install high efficiency lighting. The project would
adhere to all Federal, State, and local requirements for energy efficiency. As such, the
proposed project would not result in the inefficient, wasteful, or unnecessary consumption
of building energy.
4.5 Effects Found Not to be Significant
A significant effect on the environment is defined as a substantial or potentially substantial
adverse change in the physical environment (CEQA Guidelines Section 15382). The term
"environment," as used in this definition, means the physical conditions that exist within the
area that will be affected by a proposed project including land, air, water, minerals, flora,
fauna, ambient noise and objects of historic or aesthetic significance. The area involved
shall be the area in which significant effects would occur either directly or indirectly as a
result of the proposed project. The "environment" includes both natural and man-made
conditions (CEQA Guidelines Section 15360).
Detailed analyses and discussion of environmental topics found to be significant are
provided within Section 3.0 of this EIR. Section 3.0 also identifies impacts that are found to
be less than significant. The project site is an urban infill area and the following
environmental resources do not exist on the project site and/or are not considered to have
the potential to cause a significant environmental impact. As such, detailed analyses of the
following environmental resources were not included in the FIR:
Agricultural and Forest Resources — The project site is developed and is not being
utilized for agricultural uses. The project site is designated ''Other Land" on the
Alameda County Important Farmland Map that is published by the California
Department of Conservation (DOC). In addition, the project site does not contain
any forest resources as defined by the CEQA Guidelines.
Biological Resources - The proposed project would remove 107 trees, 16 of which
are classified as Heritage trees.
Page 4-6 Kimley>»Horn
Heritage Park Final Drat EIR
CEQA Consideration
blaEk WaIA45-ieE4ed en the 30 trees would be
preserved including three Heritage trees; namely two coast redwoods (29-inch and
25-inches in diameter) and one coast live oak (28 inches in diameter) located on
the perimeter of the project site. To help off-set the impacts to these Heritage
Trees and other trees removed on site, the project applicant has agreed to fund the
City in the amount of $19,000 to assist in the planting trees in the proposed
Orchard in the Heritage Park. This payment would be provided to the City prior
to issuance of the site grading permit.
As shown in Figure 2-13: Landscaping Plan, the proposed project would include
extensive on-site landscaping. This includes planting - six trees (36'' box) along
Donlon Way. Numerous other trees and shrubs would be planted on site
including redwoods, crape myrtle,Japanese maple, and Southern magnolia.
• Mineral Resources — According to the California Department of Conservation,
California Geologic Survey, the project site is not identified as an area with
significant mineral deposits (DOC 2013).
• Population and Housing - The proposed project provides for the future
development of a maximum of 54 residential dwelling units. Based on population
estimates of 2.73 persons per household and 54 residential units, the proposed
project would increase the population by approximately 147 persons upon buildout
of the proposed project. With a current population of approximately 46,934
residents in the City, the proposed project would represent approximately .31
percent of this growth. Although the proposed project would increase the
population in the City and includes a General Plan Amendment, the proposed
designations would be consistent with the nature of surrounding development;
would be within the estimate of population growth per the City of Dublin Housing
Element. See also, Section 4.3 above regarding growth inducement.
There is no existing housing within the project site and therefore, the proposed
project would not displace any existing housing.
Transportation and Circulation - As shown in Table 4-1: Trip Generation of the
Proposed Project Compared to Existing Conditions, the proposed project would
result in a decrease in average daily trips during the AM and PM peak hours as
compared to the trip generation for the existing development.
Kimley»)Horn Page 4-7
Legend
Parks/Public Recreation
Medium-High Density Residential
' Medium Density Residential "
Retail/Office A
' Business Park/Industrial
Downtown Dublin -Transit-Oriented District
_ Downtown Dublin - Retail District
Project Site Boundary
1
w
P
Source:City of Dublin,RBF Consulting(2014)
Heritage Park EIR
. .
0
Proposed General Plan and Specifc Plan Land Use Map
CONSULTING
A- - Company Figure 3.8-3
t
Heritage Park
Final EIR
4 Mitigation Monitoring and Reporting Program
4.1 Introduction
When approving projects with Environmental Impact Reports (EIRs) that identify significant
impacts, the California Environmental Quality Act (CEQA) requires public agencies to
adopt monitoring and reporting programs or conditions of project approval to mitigate or
avoid the identified significant effects (Public Resources Code Section 21081.6(a)(1)). A
public agency adopting measures to mitigate or avoid the significant impacts of a proposed
project is required to ensure that the measures are fully enforceable, through permit
conditions, agreements, or other means (Public Resources Code Section 21081.6(b)). The
mitigation measures required by a public agency to reduce or avoid significant project
impacts not incorporated into the design or program for the project, may be made
conditions of project approval as set forth in a Mitigation Monitoring and Reporting
Program (MMRP). The program must be designed to ensure project compliance with
mitigation measures during project implementation.
The MMRP includes the mitigation measures identified in the FIR required to address only
the significant impacts associated with the project being approved. The required mitigation
measures are summarized in this program; the full text of the impact analysis and mitigation
measures is presented in the Draft FIR.
4.2 Format
The MMRP is organized in a table format (see Table 4-I: Mitigation Monitoring and
Reporting Program), keyed to each significant impact and each FIR mitigation measure.
Only mitigation measures adopted to address significant impacts are included in this
program. Each mitigation measure is set out in full, followed by a tabular summary of
monitoring requirements. The column headings in the tables are defined as follows:
Mitigation Measures adopted as Conditions of Approval: This column presents the
mitigation measure identified in the FIR.
Implementation Procedures: This column identifies the procedures associated with
implementation of the migration measure.
Monitoring Responsibility: This column contains an assignment of responsibility for
the monitoring and reporting tasks.
Monitoring and Reporting Action: This column refers the outcome from
implementing the mitigation measure.
Mitigation Schedule: The general schedule for conducting each mitigation task,
identifying where appropriate both the timing and the frequency of the action.
Verification of Compliance: This column will be used by the lead agency to
document the person who verified the implementation of the mitigation measure
and the date on which this verification occurred.
Kimley»)Horn Page 4-1
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EXHIBIT C
FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION MEASURES
Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, the City Council
hereby makes these findings with respect to the potential for significant environmental impacts from
implementation of the Heritage Park project PLPA-2013-00002 ("Project") and means for mitigating those
impacts. For the purpose of these findings, the term "EIR" means the Draft and Final EIR documents
collectively, unless otherwise specified.
These findings do not attempt to describe the full analysis of each environmental impact contained in the EIR.
Instead, the findings provide a summary description of each impact, describe the applicable mitigation
measures identified in the EIR and adopted by the City, and state the findings on the significance of each
impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings
and conclusions is in the EIR, and these findings hereby incorporate by reference the discussion and analysis
in those documents supporting the EIR's determinations regarding mitigation measures and the Project's
impacts and mitigation measures designed to address those impacts. The facts supporting these findings are
found in the record as a whole for the Project.
In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and
explanation in the EIR, and ratifies, adopts, and incorporates into these findings the determinations and
conclusions of the EIR relating to environmental impacts and mitigation measures,except to the extent that any
such determinations and conclusions are specifically and expressly modified by these findings.
Impact 3.2-1: Short-term Construction Emissions. The proposed project may result in future short-term air
quality impacts associated with construction activities, including grading, operation of equipment, and
demolition of existing structures on the project site. This is a potentially significant impact.
MM 3.2-1a: Implement Short-term Construction Best Management Practices. Prior to issuance of any
Grading or Demolition Permit, the City Engineer and the Chief Building Official shall confirm that the Grading
Plan, Building Plans, and contract specifications stipulate that the proposed project adhere to the most recent
BAAQMD CEQA guidelines regarding short-term construction best management practices. These may include
the following:
• Water all active construction areas to maintain 12 percent soil moisture.
• All grading shall be suspended when winds exceed 20 miles per hour.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
Pave,apply water two times daily,or apply(non-toxic)soil stabilizers on all unpaved access roads,parking
areas, and staging areas at construction sites.
Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas
inactive for ten days or more).
Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.).
1
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street
sweepers at least once per day. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways.
• Site access points from public roadways shall be paved or treated to prevent track-out.
• Replace vegetation in disturbed areas as quickly as possible.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum
idling time to two minutes. Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturer's
specifications. All equipment shall be checked by a certified mechanic and determined to be running in
proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to contact at the City regarding dust
complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone
number shall also be visible to ensure compliance with applicable regulations.
MM 3.2-1 b: Implement NOX Reduction Measures. The following measures shall be implemented during
construction to reduce NOx related emissions. They shall be included in the Grading Plan, Building Plans,and
contract specifications and shall include the following:
• All construction equipment, diesel trucks, and generators shall be equipped with Best Available Control
Technology for emission reductions of NOx.
• All contractors shall use equipment that meets the California Air Resources Board's most recent
certification standard for off-road heavy duty diesel engines.
• The idling time of diesel powered construction equipment shall be minimized to two minutes.
• The project shall develop a plan demonstrating that the off-road equipment(more than 50 horsepower)to
be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a
project wide fleet-average 20 percent NOx reduction and 45 percent PM reduction compared to the most
recent California Air Resources Board fleet average. Acceptable options for reducing emissions include
the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology,
after-treatment products, add-on devices such as particulate filters, and/or other options as such become
available.
• Utilize existing power sources(i.e.,electrical power)when available. This measure would minimize the use
of higher polluting gas or diesel generators.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
2
Rationale for Finding: Implementation of the mitigation measures will reduce exhaust emissions from
construction equipment and trucks by nearly half as shown in DEIR Table 3,2-5;the reduced emissions would
comply with BAAQMD thresholds for NOx emissions. Including the NOx reduction measures in grading and
other construction plans ensures that the measures will be implemented in the construction process.
Implementation of the measures will reduce nuisance fugitive dust emissions as recommended by BAAQMD.
Therefore, after applying the mitigation measure, the impact would be less than significant.
Impact3.2-2: Long-Term Operational Emissions—Regional Emissions. Implementation of the proposed
project could result in regional air emissions from operational sources in exceedance of BAAQMD significance
thresholds. This is a potentially significant impact,
MM 3.2-2: Implement only natural gas hearths in residential units. The proposed project shall include
natural gas hearths only in the proposed on-site residential units. These shall be incorporated into the project
design to reduce operational ROG air emissions to ensure consistency with BAAQMD emission thresholds.
The project applicant shall demonstrate the incorporation of natural gas hearths priorto approval of final design
documents.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: Restricting hearths in the residences to natural gas only would substantially reduce
area emissions from the Project, resulting in emissions well below the ROG thresholds. Therefore, after
applying the mitigation measure, the impact would be less than significant.
Impact 3.2-4: Long-Term Operational Emissions—Toxics Air Contaminants. The proposed project could
expose sensitive receptors to substantial long-term operational pollutant concentrations, particularly from
vehicles and trucks on adjacent roadways. These impacts are potentially significant.
Mitigation Measures 3.2-1a and 1b. See above description.
MM 3.2-4: Provide Upgraded Ventilation Systems. Prior to the issuance of building permits,the Community
Development Director shall confirm that all building plans and contract specifications require residential dwelling
units within 600 feet of the north edge of the 1-580 general purpose lanes to be equipped with sealed heating,
ventilation, and air-conditioning (HVAC)systems. The sealed air system shall be designed so that all ambient
air introduced into the interior living space would be filtered to remove diesel particulate matter(DPM)and other
particulate matter at minimum of up to 75 percent of particulates of 0.3 micron or larger in size from the ambient
air that is introduced to the system, and 90 percent of particulates of 1 micron or larger.
This mitigation measure also requires a commitment by the applicant to ensure regular maintenance and
replacement of filters as needed. This requirement will be included as part of the conditions of approval and
could be done as part of the responsibility of the Home Owner's Association.
Project design specifications shall stipulate that the heating ventilation and air conditioning (HVAC) system
intakes shall be placed as far away from 1-580 as feasible. The design shall also require positive pressure with
the HVAC system in all occupied spaces to prevent the incursion of outside air that bypasses the HVAC filters.
3
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: Implementation of the mitigations will reduce exposure to diesel exhaust for the
residences within 600 feet of 1-580 to less than applicable exposure thresholds . The mitigations employ a
combination of techniques to reduce such exposure. The mitigations require use of sealed ventilation systems
to filter and remove diesel and other particulates so the amount entering the homes would be reduced by 75%
or more. By requiring positive pressure in the ventilation system, the mitigation further limits the amount of
diesel exhaust exposure to residents because outside air would not bypass the filters. By requiring the HOA to
maintain and replace the filters, the mitigation ensures that the filtration system will function as intended. In
addition to filtering,the measure ensures that ventilation system intakes are located as far from the freeway as
feasible since the exposure decreases with distance from the freeway,thereby further decreasing exposure to
residents. Therefore, after applying the mitigation measure, the impact would be less than significant.
Impact 3.2.6: Long-Term Operational Emissions—Clean Air Plan Consistency. Construction-related and
operational criteria pollutant emissions may conflict with or obstruct implementation of the applicable Air Quality
Plan. Therefore, implementation of the proposed project would result in a potentially significant impact.
Mitigation Measure 3.2-2. See above description.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: By restricting the use of residence hearths to natural gas only, the mitigation ensures
that implementation of the Project would reduce ROG emissions to below applicable standards,thus ensuring
compliance with state ozone standards and the 2010 Bay Area Clean Air Plan. Therefore, after applying the
mitigation measure, the impact would be less than significant,
Impact 3.3-2: Archaeological Resources. The proposed project has been previously disturbed with
development of the Heritage Park commercial/office complex. However, based on the existence of the
archaeological resources within and adjacent to the Dublin Village Area Specific Plan,there is a high probability
of identifying Native American archaeological resources and encountering historic-period archaeological
resources within the Specific Plan area and at the project site, Therefore, this is a potentially significant
impact.
MM 3.3-2a: Archaeological Monitoring. An archaeological monitor shall be present at the project site during
ground disturbing activities (e.g. grading and excavation) during construction of the proposed project. If
anything is discovered during the archaeological monitoring, the project applicant shall implement Mitigation
Measure 3.3-2b.
MM 3.3-2b: Halt Work/Archaeological Evaluation/Site Specific Mitigation. If any potential archaeological,
pre-historic or cultural artifacts are encountered during site grading or other construction activities, all ground
4
disturbance within 50 feet of the discovery shall be halted until a qualified archaeologist can identify and
evaluate the resource(s)in accordance with State CEQA Guidelines 15064.5(f). The archeological consultant
shall immediately notify the project sponsor and the City staff of the encountered archeological deposit. If the
deposit does not qualify as an archaeological resource,then no further protection or study is necessary. If the
deposit does qualify as an archaeological resource then the impacts shall be avoided by project activities. If the
deposit cannot be avoided,adverse impacts to the deposit shall be addressed in accordance with State CEQA
Guidelines 15126.4(b). Measures may include, but are not limited to archaeological data recovery,etc. Upon
completion of the assessment by the archaeologist, a professional-quality report shall be submitted to the City,
the project applicant, and the Northwest Information Center at Sonoma State University in Rohnert Park. The
project applicant shall fund and implement the mitigation in accordance with Section 15064.5(c)through (f)of
the CEQA Guidelines and Public Resources Code 21083.2.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The mitigations ensure that currently unknown archeological resources will not be
inadvertently disturbed or destroyed as a result of construction activities. Through the requirement for an
archeological monitor, the mitigations also ensure that a knowledgeable professional will be present during
construction activities to recognize and identify potential artifacts or other resources. Therefore,after applying
the mitigation measure, the impact would be less than significant.
Impact 3.3-3: Paleontological Resources. No paleontological resources are known to exist within the project
vicinity. However, the presence of unknown paleontological resources could be discovered during site
preparation and grading activities, which would be a potentially significant impact.
MM 3.3-3: Halt Work/Paleontological Evaluation/Site Specific Mitigation. If paleontological resources are
encountered during subsurface construction activities, all work within 50 feet of the discovery shall be
redirected until a qualified paleontologist can evaluate the finds. If the paleontological resources are found to be
significant,they shall be avoided by project construction activities and recovered by a qualified paleontologist.
Upon completion of the recovery, a paleontological assessment shall be conducted by a qualified paleontologist
to determine if further monitoring for paleontological resources is required. The assessment shall include: l)the
results of any geotechnical investigation prepared for the project area; 2) specific details of the construction
plans for the project area; 3) background research; and 4) limited subsurface investigation within the project
area. If a high potential to encounter paleontological resources is confirmed,a monitoring plan of further project
subsurface construction shall be prepared in conjunction with this assessment. After project subsurface
construction has ended, a report documenting monitoring, methods, findings, and further recommendations
regarding paleontological resources shall be prepared and submitted to the Director of Community
Development.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
5
Rationale for Finding: The mitigations ensure that currently unknown paleontological resources will not be
inadvertently disturbed or destroyed as a result of construction activities. Therefore, after applying the
mitigation measure, the impact would be less than significant.
Impact 3.3-4: Disturb Human Remains Interred Outside of Formal Cemeteries. Due to the disturbed
nature of the project site, there are no known human remains interred outside of formal cemeteries that are
anticipated to be disturbed during short-term construction activities, However, human remains could be
discovered during site preparation and grading activities, which would be a potentially significant impact.
MM 3.3-4: Halt Work/Coroner's Evaluation/Native American Heritage Consultant/Compllance with Most
Likely Descendent Recommendations. In the event that human remains are encountered during grading and
site preparation activities,all ground-disturbing work within 50 feet of the remains shall cease immediately and
a qualified archaeologist shall notify the Office of the Alameda County Coroner and advise that office as to
whether the remains are likely to be Native American. If determined to be Native American, the Alameda
County Coroner's Office shall notify the Native American Heritage Commission of the find, which in turn will
then appoint a"Most Likely Descendent. (MLD)."The MILD in consultation with the archaeological consultant
and the project sponsor will advise and help formulate an appropriate plan for treatment of the remains,which
might include recordation, removal, and scientific study of the remains and any associated artifacts, After
completion of the analysis and preparation of the report of findings, the remains and associated grave goods
shall be returned to the MLD for burial.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The mitigations ensure that currently unknown human remains will not be inadvertently
disturbed or destroyed through ground disturbance as a result of construction activities. Therefore, after
applying the mitigation measure, the impact would be less than significant.
Impact 3.4-3: Exposure of People or Structures to Seismic Ground Shaking. Ground shaking is likely to
occur at the project site and in the project vicinity in the event of a major earthquake on one of the nearby faults
resulting in the exposure of people and/or structures to potentially significant adverse effects,including the risk
of loss, injury or death. This is considered a potentially significant impact.
MM 3.4-3: Preparation of Design-Level Geotechnical Report. The project applicant shall consult with a
registered geotechnical engineer to prepare a design level geotechnical report that incorporates the
recommendations in the geotechnical investigation by Stevens Ferrone and Bailey Engineering Company, Inc,
(March 2012). These include maintaining a minimum 25 foot setback from the center line of the Calaveras fault
trace,construction of post-tensioned slab foundations,and over-excavation of disturbed weak soils and fill. The
design level geotechnical report shall address site preparation and grading (including measures to address
potential liquefaction and expansive soils), building foundations, CBC seismic design parameters, and
preliminary pavement sections. This report shall be submitted in conjunction with Building Permit application(s)
and reviewed and approved by the City. Recommendations from the design-level geotechnical report shall be
incorporated into the project design and construction documents.
Net Impact After Mitigation: Less than Significant
6
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The Project is subject to the California Building Code ("CBC") which recognizes the
seismic risk of developing in this state and includes stringent design and construction requirements and
engineering applicable not only to future Project structures but also to grading,foundations,retaining walls and
other structures. The Project also prepared site- and project-specific geotechnical studies with
recommendations which the City peer-reviewed as part of the EIR process, Building from the background of
the CBC regulatory scheme and the existing preliminary geotechnical studies,the identified mitigation sets forth
the next steps for the Project, consistent with City requirements for design-level geotechnical studies to show
how the CBC requirements and the preliminary study recommendations will be implemented through specific
structural and improvement design. Though the mitigation,the Project will continue the process of increasingly
refined engineering review to ensure that ground shaking is addressed at each step of the development
process. Therefore, after applying the mitigation measure, the impact would be less than significant.
Impact 3.4-4: Exposure of People or Structures to Liquefaction. The proposed project could expose
people or structures to potential substantial adverse effects of liquefaction. This is a potentially significant
impact.
MM 3.4-3: Preparation of Design-Level Geotechnical Report. See above description.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The required design-level geotechnical report will build on the existing geotechnical
studies to show how liquefaction regulations in the CBC, and the City's standard engineering practices and
design criteria for soil stability will be implemented in project construction and improvement. The mitigation will
ensure that proper soil engineering, foundation design and construction will be implemented to avoid hazards
from seismic-related ground failure such as liquefaction. Therefore,after applying the mitigation measure,the
impact would be less than significant.
Impact 3.4-6: Exposure to Expansive Soil. Implementation of the proposed project would include future
development within an area that has expansive soils. With adherence to the City's Building Code and CBC
requirements, this is a potentially significant impact.
MM 3.4-3: Preparation of Design-Level Geotechnical Report. See above description.
Net Impact After Mitigation: Less than significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The required design-level geotechnical report will build on the existing geotechnical
studies to show how regulations in the CBC, and the City's standard engineering practices and design criteria
7
for soil stability will be implemented in project construction and improvement. The mitigation will ensure that
proper soil engineering, foundation design and construction will be implemented to avoid hazards from
expansive soils. Therefore, after applying the mitigation measure, the impact would be less than significant.
Impact 3.6-4: Accidental Conditions During Construction. Construction activities at the project site may
result in accidental conditions as a result of potentially contaminated groundwater underlying the project site.
This is a potentially significant impact.
MM 3.6-4: Review Files for the former Dublin Square Shopping Center and Prepare a Worker Safety
Plan. Prior to issuance of a grading permit, an environmental consultant with Phase II/site characterization
experience shall review the existing files maintained by the Department of Toxic Substances and Control, the
Regional Water Quality Control Board, and the Alameda County Department of Environmental Health for the
Heritage Park site and prepare a worker safety plan to ensure construction worker safety during
grading/excavation activities.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The mitigation recognizes the potential for contaminated groundwater from previous
underground storage tank releases and ensures that an effective construction worker safety program will be
crafted based on existing information from regulatory agencies,so as to limit exposure of workers to hazardous
materials. Therefore, after applying the mitigation measure, the impact would be less than significant.
Impact 3.6-5: Accidental Conditions During Operation. During operation of the proposed project,there is
the potential for the residential uses to be exposed to hazardous vapors as a result of contaminated
groundwater in the vicinity of the project site. potentially significant impact.
MM 3.6-5: Conduct a Vapor Intrusion Investigation. Prior to issuance of building permits, vapor intrusion
investigations shall be conducted by a qualified Environmental Professional, in consultation with the Alameda
County Department of Environmental Health (ACDEH) or other appropriate agency if applicable. Should the
environmental professional determine that proposed buildings could be impacted by vapor intrusion, the
Environmental Professional shall recommend specific design measures to be incorporated into the building
design that would reduce these indoor air quality concentrations to below applicable regulatory thresholds.
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The mitigation follows up on the existing Phase I ESA to determine if vapor intrusion
will occur from prior onsite and offsite uses. The mitigation requires that the nature and extent of the vapor
encroachment will be identified, if any, and that appropriate design measures will be implemented to ensure
that applicable indoor air quality standards are met, in compliance with county and state regulatory
requirements. Therefore, after applying the mitigation measure, the impact would be less than significant.
8
Impact 3.9-1: Exposure to Short-term Construction Related Noise and Vibration. The proposed project
may result in short-term construction-related noise at nearby noise sensitive land uses. This is a potentially
significant impact.
MM 3.9.1: Implement Short-Term Construction Best Management Noise Practices. Prior to issuance of
any Grading Permit, the Public Works Director and the Building Official shall confirm that the Grading Plan,
Building Plans, and specifications stipulate that the following basic construction mitigation measures shall be
implemented for all construction projects:
All construction equipment shall be equipped with mufflers and sound control devices (e.g., intake
silencers and noise shrouds) no less effective than those provided on the original equipment and no
equipment shall have an un-muffled exhaust. The contractor shall maintain and tune-up all construction
equipment to minimize noise emissions.
Stationary equipment shall be placed so as to maintain the greatest possible distance to the sensitive
receptors. '
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum
idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section
2485 of California Code of Regulations[CCR]).Clear signage shall be provided for construction workers at
all access points.
All equipment servicing shall be performed so as to maintain the greatest possible distance to the sensitive
receptors.
A qualified"Noise Disturbance Coordinator"shall be designated amongst the construction crew whom shall
be responsible for responding to any local complaints about construction noise. When a complaint is
received,the Disturbance Coordinator shall notify the City within 24 hours of the complaint and determine
the cause of the noise complaint(e.g.,starting too early, malfunctioning muffler, etc.)and shall implement
reasonable measures to resolve the compliant, as deemed acceptable by the Planning Department.
Select demolition methods to minimize vibration,where possible(e.g.,sawing masonry into sections rather
than demolishing it by pavement breakers).
® Construction trucks shall utilize a route that is least disruptive to sensitive receptors, preferably major
roadways(San Ramon Road, and Interstate 580). Construction trucks should,to the extent practical,avoid
the weekday and Saturday a,m, and p.m. peak hours (7:00 a.m. to 9:00 a,m. and 4:00 p.m, to 6:00 p.m.).
Net Impact After Mitigation: Less than Significant
Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or
substantially lessen the significant environmental effect identified in the EIR.
Rationale for Finding: The mitigation measure ensures that construction traffic will be limited to less noise
sensitive periods of the day, that construction equipment is operated and maintained to reduce noise levels,
and that staging and storage areas are located as far from sensitive receptors as feasible. Through this variety
of measures, the mitigation ensures that construction noise impacts will be reduced to less than significant.
Therefore, after applying the mitigation measure, the impact would be less than significant.
2277291.1
9
June 10, 2014
Or Diz6
19 —' 8'2
�`�LIFO12�1�`
SB 343
Senate Bill 343 mandates supplemental materials that have been
received by the Community Development Department that relate to
an agenda item after the agenda packets have been distributed to the
Planning Commission be available to the public. This document is
also available in the Community Development Department, the Dublin
Library, and the City's Website.
The attached documents were received in the Community
Development Department after distribution of the June 10, 2014
Planning Commission meeting agenda packet.
June 10, 2014
Item #8.2
G:1Forms&Documents PC-CC Forms\PC Forms\SB 343 Form.doc
.C11431 NOt*
~ June 10, 2014
Mike Porto
Project Planner
City of Dublin Planning Commission
100 Civic Plaza
Dublin, CA 94568
Dear Mr. Porto,
The purpose of this letter is to voice the enthusiastic and unqualified support of Challenge Dairy
Products for the Heritage Park development p ject proposed by Stringer Bates and which is
subject to the City's review and approval. We ask for the p ject to be approved.
Challenge has called Dublin it's Headquarters' home since 1977 and it has been located at
Heritage Park for over 30 years. It's a wonderful community, a convenient location for our
employees who come to work in Dublin from all around the Bay Area, and a peaceful, pleasant
place to call home. Challenge and its employees want to stay in Dublin and in Heritage Park
and this p ject will allow us to do so.
But this p ject does not just provide Challenge with an opportunity to stay in H Park. It
also provides us with two si ificant benefits:
1) A modern, upgraded design which provides the company and its em with a
Headquarters building that should keep Challenge in Dublin for years to come, and
� \
2) A new neighborhood environment,which improves the connection and relationship
with the Heritage Park. The design,from the site plan to the details of finish and
landscape, creates an integrated park in which it will be a pleasure to work and to live.
Throughout the design process, Stringer Bates has demonstrated a sincere desire to turn the
current office space/parking lot into a beautiful, unique neighborhood in which home owners,
tenants and the City of Dublin would take pride. Challenge believes that they have
accomplished this objective in their design, and heartily endorses its approval.
Best Regards,
(- // ivy;
/ �m/ /"/ /1/1:141-"C) '
' - [
Irvin Holmes K. Ho� ex
President & CEO
Challenge Dairy Products,Inc. , u876 Dublin 8lvd,Suite 8a3o " Dublin,CA 94568
Phone:925801.4355 " Fax: 925.828.4016 , www.uhnOeoAodniiy.cmmn
Heritage Park in Dublin Page 1 of 1
From: Fulfillment Systems, Inc. <fulfillmentsys @sbcglobal.net>
To: odhill <odhill @aol.com>
Cc: 'Mike D'Ambrosio'<mdambrosio @interorealestate.com>; 'John D'Ambrosio'<jdmproperty @yahoo.com>;
scottlstringer<scottlstringer @ aol.com>
Subject: Heritage Park in Dublin
Date: Fri, Jun 6,2014 10:44 am
Dear Mr. Porto:
We the D'Ambrosio Family, owners of the property and restaurant at 11891 Dublin Blvd., Dublin (DBIC/Frankie,
Johnnie & Luigi, Too) adjacent to Heritage Park, are very excited about the proposal. We have been very
impressed while dealing with Mr. Bates & Mr. Stringer throughout this process.
We have had several similar experiences with a project like this in the past and none have been as straight
forward, pleasurable and professional as they have been. We have high confidence that Bates Stringer
Ventures are going to produce a project as they have proposed and envisioned.
We sincerely hope they get all the cooperation they deserve. Feel free to call me with any questions.
Very Truly Yours,
John V. D'Ambrosio
DBIC
Fulfillment Systems, Inc.
408 541-0382
Brenda
Director of Admin
Fulfillment Systems, Inc.
1282 Hammerwood Ave.
Sunnyvale, CA 94089
408 541-0382
http://mail.aol.com/38584-416/aol-6/en-us/mail/PrintMessage.aspx 6/10/2014
Heritage Park Project Page 1 of 1
From: susan <susan @dublincreekkennel.com>
To: odhill <odhill @aol.com>
Cc: ScottLStringer<ScottLStringer @aol.com>
Subject: Heritage Park Project
Date: Tue,Jun 10, 2014 2:07 pm
Dear Mr Porto
I own a well established business, Dublin Creek Kennels, located at 6570 Donlon Way, in Dublin. My home is
also on Donlon Way where I have lived for the past eighteen years. For eleven years now, I have also been on
the Board of Directors for the Dublin Chamber of Commerce.
I have been following with great interest the proposed housing to be built on the Heritage Park Business site
which is across the street from my property. I have seen the plans for the new development and I felt they were
well thought out. The style of the homes, the streetscape and the new building for Challenge Butter would
absolutely enhance and beautify not only Donlon Way, but west Dublin as well. As someone who would be
directly affected by this project, I do support it. I feel it would be a major improvement to the historic area of
Dublin.
If you need to contact me, I can be reached at 925-828-5355.
Sincerely,
Susan O'Reilly
•
http://mail.aol.com/38584-416/ao1-6/en-us/mail/PrintMes sage.aspx 6/10/2014
Debra LeClair
From: Mikep
Sent: Tuesday,June 10, 2014 6:50 AM
To: Debra LeClair
Subject: Fwd: Dublin City Meeting
For the file.
Original Message
From: Rob Liszt<Rob.Liszt(a�pmcs.com>
To: odhill <odhill(c�aol.com>
Cc: ScottLStringer<ScottLStringer(cr�aol.com>; Tim Bormann <tbormannvahoo.com>;jay Wyant
<jay(c1iwmillwright.net>
Sent: Mon, Jun 9, 2014 6:38 pm
Subject: Dublin City Meeting
Mike,
Ism writing you on behalf of the leaders (Elders) of the Church of Christ in
Dublin. We are unable to join the Public hearing. Therefore, we wanted to send
a note to let you know just how professional, thorough and patient Scott Stinger
has been during the discussions and final plans for the development project by
Bates, Stringer Ventures.
He has interacted with us with utmost integrity, always taking extra care to
ensure that we are comfortable with the changes that are proposed. Special care
has been taken by Scott to ensure our needs and concerns have been fully
addressed.
We look forward to the final approval and completion of this exciting
development and the positive impact it will have on our property and our ongoing
Church activities on our property.
Regards,
Rob Liszt
On behalf of Tim Bormann and Jay Wyant
Sent from my iPhone
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