HomeMy WebLinkAbout7.2 Arroyo Vista Legis Attch 215~ ~~ ~i55
RESOLUTION NO. XX-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND ADOPTING FINDINGS
CONCERNING SIGNIFICANT IMPACTS AND MITIGATIONS AND ALTERNATIVES, A
STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE ARROYO VISTA PROJECT
LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07)
PA 07-028
WHEREAS, the Arroyo Vista Project hereafter "Arroyo Vista" proposes to demolish the existing
150 unit residential development and construct 378 residential units on an approximately 24.13 gross acre
parcel located at 6700 Dougherty Road. The Project also proposes to amend the General Plan to increase
the allowable density on the site and allow both attached and detached units; to adopt a PD, Planned
Development District rezoning with related Stagel/Stage 2 Development Plan; to approve a Vesting
Tentative Tract Map and a Site Development Review. These proposed actions are collectively referred to
as the "Project"; and
WHEREAS, Eden Housing Inc. and Citation Homes Central, submitted applications for future
development of approximately 378 units including attached, detached and senior housing as well as a
community building and a daycare; and
WHEREAS, the City prepared an Initial Study dated December 2007 for the Project consistent
with CEQA Guidelines section 15063 and determined that an Environmental Impact Report (hereafter
"EIR") was required in order to analyze significant impacts associated with the project; and
WHEREAS, the City circulated a Notice of Preparation dated December 20, 2007, with the Initial
Study, to public agencies and interested parties for consultation on the scope of the EIR. The City also
conducted a public scoping meeting on January 16, 2008; and
WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City
prepared a Draft EIR dated January 2009 (SCH No. 2007122066) which 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 January 31, 2009 to March 23, 2009; and
WHEREAS, the City received comment letters from the public and State and local agencies
during the public review period. The City prepared a Final EIR dated April 2009 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 comments; and
WHEREAS, a Staff Report, dated Apri128, 2009, and incorporated herein by reference, described
and analyzed the Draft and Final EIRs and the Project for the Planning Commission; and
WHEREAS, the Planning Commission reviewed the Staff Report, and the Draft and Final EIIZs at
a noticed public hearing on April 28, 2009, at which time all interested parties had the opportunity to be
heard. Following the hearing and based on the record before it, the Planning Commission adopted
Resolution 09-12 recommending certification of the EIR and Resolutions 09-15 and 09-16 approving the
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Site Development Review and Vesting Tentative Map and Resolutions 09-13 and 09-14 recommending
that the City Council adopt a Resolution approving amendments to the General Plan and adopt an
Ordinance rezoning the project site, which resolutions are incorporated herein by reference and available
for review at the Planning Division in City Hall at 100 Civic Plaza, Dublin, CA 94568; and
WHEREAS, on July 28, 2009 at a duly noticed public hearing, the Planning Commission
reviewed minor modifications to the Stage 1/Stage 2 Development Plan related to the provision of
affordable housing on the site and adopted Resolution 09-32 recommending City Council approval of the
modified development plan. Resolution 09-32 replaces Planning Commission resolution 09-14 and is
incorporated herein by reference; and
WHEREAS, a Staff Report dated August 18, 2009 and incorporated herein by reference,
described the Draft and Final EIRs and the Project for the City Council; and
WHEREAS, the City Council reviewed the Staff Report, and the Draft and Final EIRs at a
noticed public hearing on August 18, 2009, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, on August 18, 2009, the City Council opened the Public Hearing, Closed the Public
Hearing and continued the matter to September 1, 2009 and on September 1, 2009, the City Council
continued the item to September 15, 2009; and
WHEREAS, the Draft and Final EIRs reflect the City's independent judgment and analysis on the
potential for environmental impacts and constitute the Environmental Impact Report for the Arroyo Vista
Project; and
WHEREAS, the Project would have significant effects on the environment, most of which can be
substantially reduced through mitigation measures; therefore, approval of the Project must include
mitigation findings as set forth in attached Exhibit A; and
WHEREAS, some of the significant effects cannot be lessened to a level of less than significant;
therefore, approval of the Project must include findings concerning alternatives as set forth in attached
Exhibit A and a Statement of Overriding Considerations as set forth in attached Exhibit B; and
WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is contained
in attached Exhibit C; and
WHEREAS, the Draft and Final EIRs are separately bound documents, incorporated herein by
reference, and are available for review during normal business hours in the City Planning Division, file
PA 07-028. The custodian of the documents and other materials which constitute the record of
proceedings for the Arroyo Vista Project is the Planning Division, City of Dublin Community
Development Department, 100 Civic Plaza, Dublin, CA 94568, attn: Erica Fraser.
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 the following:
A The EIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of
Dublin Environmental Guidelines.
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B. The EIlZ was presented to the City Council who reviewed and 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 environmental
effects of the Arroyo Vista Project.
BE IT FURTHER RESOLVED that the Dublin City Council adopts the Findings concerning significant
impacts and mitigations and alternatives set forth in Exhibit A, the Statement of Overriding Considerations set
forth in Exhibit B, and the Mitigation Monitoring and Reporting Program set forth in Exhibit C, which exhibits
are incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 15~' day of September 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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EXHIBIT A
FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION MEASURES AND
ALTERNATIVES
Pursuant to Public Resources Code section 21081 and CEQA Guidelines sections 15091, the City Council
hereby makes the findings in Part 1 below with respect to the potential for significant environmental
impacts from the Arroyo Vista project, PA 07-028 (6700 Dougherty Road), and means for mitigating
those impacts. Many of the impacts and mitigation measures in the following findings are summarized
rather than set forth in full. The text of the Draft and Final EIRs (EIRs) should be consulted for a
complete description of the impacts and mitigations.
CEQA requires that an EIR "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..." (CEQA Guidelines
Section 15126.6(a)). If a project alternative will substantially lessen the significant environmental effects
of a proposed project, the decisionmaker should not approve the proposed project unless it determines that
specific economic, legal, social, technological, or other considerations,... make the project alternative
infeasible" (CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3)). The
City Council hereby makes the findings in Part 2 below with respect to alternatives.
Part 1, Findings regarding impacts and mitigation measures.
Impact 4.1-1, Impacts to Aesthetics/Light and Glare (DEIR p. 25)
Mitigation Measure 4.1-1. As a condition of Site Development Review for the Arroyo Vista Project, the
City of Dublin shall require submittal of lighting plans, including photometric detail, to ensure that all
exterior light fixtures will either be oriented downward or equipped with cut-off lenses to ensure no
spillover of unwanted light onto adjacent properties or Alamo Creek. The lighting plan shall be approved
by the Community Development Department and Police Services Department prior to issue of the first
Building Permit (DEIR p. 25).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The mitigation measure will ensure that exterior light fixtures will not spillover
onto the adjacent properties or Alamo Creek.
Impact 4.1-2, Aesthetics/Scenic Resources (DEIR p. 26)
Mitigation Measure 4.1-2.
a) The final landscape plan shall show that the existing Heritage Tree which is proposed to be removed
as a part of the residential development will be replaced with three 36-inch box size redwood trees on
the Site.
b) The final landscape plan shall show that the trees planted adjacent to Dougherty Road would be a
minimum of 36-inch box size, be of a fast growing variety and conform to the City's adopted
Streetscape Master Plan.
c) Replacement trees shall be provided in the interior of the Project Site, at a minimum ratio of 1
replacement tree for each tree removed (DEIR p. 26).
EXHIBIT A TO
ATTACHMENT 2
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Findin~• Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The mitigation measure will require the replanting of large replacement trees on
the site to mitigate the loss of a Heritage Tree.
Impact 4.2-1, Air Quality/Demolition and Construction Impacts (DEIR p. 35-36)
Mitigation Measure 4.2-1a. The following dust control measures shall be followed by contractors during
demolition of existing structures:
a) Watering shall be used to control dust generation during demolition of structures and break-up of
pavement.
b) All trucks hauling demolition debris from the Site shall be covered.
c) All demolition activity shall comply with BAAQMD Regulation 11, Rule 2, which regulates airborne
toxic pollutants through inspection and law enforcement during demolition. This regulation requires
that the District be notified ten days in advance of any proposed demolition the District must be
provided information on the amount and nature of any hazardous pollutants, nature of planned work
and methods to be employed, and the name and location of the waste disposal site to be used (DEIR
p. 36).
Mitigation Measure 4.2-1b. The following dust control measures shall be implemented by all contractors
during construction of the proposed improvements. These include but are not limited to BAAQMD Basic
and Enhanced measures to reduce construction impacts. According to the BAAQMD, adopting these
measures reduces particulate matter impacts (PM10 and PM2.5) to ales-than-significant level.
a) All active construction areas shall be watered at least twice daily.
b) Stockpiles of debris, soil, sand, or other materials that can be blown by the wind shall be covered or
watered.
c) All trucks hauling soil, sand, and other loose materials shall be covered, or trucks shall maintain at
least two feet of freeboard.
d) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites.
e) All paved access roads, parking areas, and staging areas at construction sites shall be swept daily with
water sweepers, including adjoining streets, if soil material is visible.
f) Inactive construction areas (previously graded areas inactive for ten days or more) shall be
hydroseeded or a non-toxic soil stabilizer applied.
g) Exposed stockpiles (dirt, sand, etc.) shall be enclosed, covered or watered at least twice daily.
h) Traffic speeds on unpaved roads shall be limited to 15 miles per hour.
i) Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways
and Alamo Creek.
j) Alternative fueled construction equipment shall be used to the extent feasible.
k) Vehicle idling time shall be minimized (5 minutes maximum) and all equipment shall be properly
tuned,
1) The hours of operation of heavy equipment and/or the amount of equipment in use shall be minimized
(DEIR p. 36).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. Compliance with the mitigation measures will ensure that construction and
demolition activities will not generate significant exhaust emissions or fugitive dust.
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Impact 4.3-1, Biological Resources/Impacts to nesting birds. (DEIR p. 65)
Mitigation Measure 4.3-1. Clearing of vegetation and the initiation of construction shall be limited to the
non-breeding season between September and January. If these activities cannot be done in the non-
breeding season, a qualified biologist shall perform pre-construction bird surveys within 30 days prior to
construction or clearing of vegetation. If nesting birds, such as loggerhead shrike, are discovered in the
vicinity of planned development, buffer areas shall be established around the nest until the nest is vacated.
The size and duration of the buffer will depend on the particular species of nesting bird present and shall
be established by a qualified biologist (DEIR p. 65).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The above mitigation measure will reduce impacts to nesting birds to a less than
significant level by limiting disturbance to nests to times when there is a low probability of nesting birds
being present on the site.
Impact 4.3-2, Biological Resources/Impacts to potential bat habitat (DEIR p. 66)
Mitigation Measure 4.3-2. Pre-construction bat surveys shall be conducted on the Site by a qualified
biologist between November 1 and August 31, to include trees, and buildings subject to removal or
demolition for evidence of bat use (guano accumulation, or acoustic or visual detections). If evidence of
bat use is found, biologists shall conduct a minimum of three acoustic surveys between April and
September under appropriate conditions using an acoustic detector to determine whether a Site is
occupied. If bats are found, a qualified biologist shall supervise any removal and such removal shall occur
only during the fall prior to construction (DEIR p. 66).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The mitigation measure reduces impacts to bat habitat to a less than significant
level by requiring bat surveys to determine if the site is occupied and by requiring a qualified biologist to
supervise the removal of any bats during the fall months prior to construction. The mitigation ensures
that bat habitat will not be removed or disturbed when bats are present.
Impact 4.3-3, Biological Resources/Impacts to Fish (DEIR p. 66)
Mitigation Measure 4.7-1. Project Developer(s) shall prepare:
a) Erosion Control Plan(s) consistent with City of Dublin and Regional Water Quality Control Board
standards to minimize run-off from the Site during construction. To ensure that erosion impacts are
reduced to ales-than-significant impact to nearby fish and sensitive aquatic species in Alamo Creek
and other bodies of water, Erosion Control Plan(s) shall be reviewed and approved by a biologist to
ensure that no impacts will occur to steelhead and other sensitive aquatic species. The Erosion Control
Plan shall include exclusion fencing to preclude the potential for California Red-legged Frogs from
entering the Project Site. Erosion Control Plan(s) shall be approved by the Dublin Public Works
Department prior to issuance of a grading permit.
b) A Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices
(BMPs) for construction and post-construction conditions. The SWPPP shall be prepared to Regional
Water Quality Control Board standards and Alameda County Clean Water Program requirements. The
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SWPPP shall be prepared prior to issuance of a demolition permit by the City of Dublin to avoid spill
over of material into Alamo Creek during demolition. The BMPs shall include, but is not limited to
incorporation of grassy swales into landscaped areas, use of filtration devices, covering of solid waste
and recycling areas and similar features (DEIR p. 66 and 79).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. Compliance with Mitigation Measure 4.7-1 requires the developer to prepare and
implement an Erosion Control Plan and a Stormwater Pollution Prevention Plan in accordance with
standards and practices recommended by the San Francisco Bay Regional Water Quality Control Board.
Compliance will ensure that pollutant runoff into Alamo Creek and bodies of water will be minimized and
thus will not impact sensitive fish species or red-legged frog during construction or operation of the
Project.
Impact 4.4-1, Cultural Resources/Impacts to Prehistoric, Archeological and Native American
Resources (DEIR p. 69-70)
Mitigation Measure 4.4-1. Prior to issuance of a grading permit, a program of mechanical subsurface
presence/absence testing for cultural resources shall be completed by a qualified archeologist approved by
the Dublin Community Development Department, utilizing a mechanical core sampler in the open space
areas of the existing development to search for potentially buried archaeological deposits. In the event that
any such deposits are discovered, Project work in the vicinity of the deposits shall be immediately halted
and additional core samples shall be taken if needed to map the extent and depth below the surface of
potentially significant cultural materials.
If it is determined that new construction activities will impact resource deposits, a plan for the evaluation of
the deposit(s) consistent with CEQA Guidelines Section 15064.5 shall be submitted to the City of Dublin and
other appropriate agencies for approval. Evaluation shall be completed to determine if the resources are
eligible for inclusion on the California Register of Historic Resources (CRHR) and/or the National Register
of Historic Places (NRHP). If human remains are encountered, the County Coroner shall be contacted
immediately (DEIR p. 69-70).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The mitigation measure requires more specific site investigations to determine if
unknown resources exist and requires specified actions in the event that cultural resources are found on
the site.
Impact 4.5-1, Geology and Soils/Soil Hazards (DEIR p. 73)
Mitigation Measure 4.5-1. Future Site improvements shall be designed and constructed in a manner
consistent with the Project geotechnical report. These include but are not limited to: (DEIR p. 74)
a) Testing and removal of all undocumented fill material on the Site.
b) Proper compaction of engineered fill material.
c) Installation of proper subdrainage facilities.
d) Use ofpost-tensioned and/or mat slab building foundations (DEIR p. 74).
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Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. Compliance with this mitigation measure will reduce these impacts to a less than
significant level by requiring the design and construction of site improvements to implement
recommendations included in the Project geotechnical report for expansive soils and/or undocumented
fills.
Impact 4.6-1 Hazards and Hazardous Materials/Soil Contamination with Lead. (DEIR p. 76)
Mitigation Measure 4.6-1. Prior to grading activities, but after demolition of existing improvements, soil
samples shall be collected and analyzed for lead using EPA methods. If actionable levels of lead are found
on the Site, a remediation program shall be prepared by a qualified consultant and implemented.
Necessary permits and approvals shall be obtained from appropriate regulatory agencies, including the
Bay Area Air Quality Management District. Worker safety plans shall be included in any remediation
plan (DEIR p. 76).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the E1R.
Rationale for Finding. The mitigation measure requires a focused analysis for the presence of lead in site
soils prior to grading and requires that appropriate remediation actions, including worker safety plans, be
implemented if actionable amounts of contamination are found on the Project site.
Impact 4.6-2, Hazards and Hazardous Materials/Asbestos and Lead Based Paint (DEIR p. 76-77)
Mitigation Measure 4.6-2. The following actions shall be taken before issuance of the first demolition
permit, if multiple permits are issued by the City:
a) Asbestos containing material shall be removed by a licensed contractor and disposed of in a landfill
licensed to accept this level of contaminated material. If required, a permit shall be obtained from the
Bay Area Air Quality Management District prior to commencement of work.
b) Testing and analysis for lead based paints shall be conducted, If such materials are found, remediation
shall be completed by a licensed contractor. Necessary permits shall be obtained prior to
commencement of work (DEIR p. 77).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the E1R.
Rationale for Finding. The mitigation measure ensures that any asbestos and lead paint will be safely
removed prior to building demolition and requires that a permit be obtained from the Bay Area Air
Quality Management District prior to the commencement of removal of asbestos.
Impact 4.7-1, Hydrology and Water Quality/Soil Erosion, Siltation and violation of Water Quality
Standards (DEIR p. 79)
Mitigation Measure 4.7-1. Project Developer(s) shall prepare:
a) Erosion Control Plan(s) consistent with City of Dublin and Regional Water Quality Control Board
standards to minimize run-off from the Site during construction. To ensure that erosion impacts are
reduced to ales-than-significant impact to nearby fish and sensitive aquatic species in Alamo Creek
and other bodies of water, Erosion Control Plan(s) shall be reviewed and approved by a biologist to
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Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. Compliance with this mitigation measure will reduce these impacts to a less than
significant level by requiring the. design and construction of site improvements to implement
recommendations included in the Project geotechnical report for expansive soils and/or undocumented
fills.
Impact 4.6-1 Hazards and Hazardous Materials/Soil Contamination with Lead. (DEIR p. 76)
Mitigation Measure 4.6-1. Prior to grading activities, but after demolition of existing improvements, soil
samples shall be collected and analyzed for lead using EPA methods. If actionable levels of lead are found
on the Site, a remediation program shall be prepared by a qualified consultant and implemented.
Necessary permits and approvals shall be obtained from appropriate regulatory agencies, including the
Bay Area Air Quality Management District. Worker safety plans shall be included in any remediation
plan (DEIR p. 76).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The mitigation measure requires a focused analysis for the presence of lead in site
soils prior to grading and requires that appropriate remediation actions, including worker safety plans, be
implemented if actionable amounts of contamination are found on the Project site.
Impact 4.6-2, Hazards and Hazardous Materials/Asbestos and Lead Based Paint (DEIR p. 76-77)
Mitigation Measure 4.6-2. The following actions shall be taken before issuance of the first demolition
permit, if multiple permits are issued by the City:
a) Asbestos containing material shall be removed by a licensed contractor and disposed of in a landfill
licensed to accept this level of contaminated material. If required, a permit shall be obtained from the
Bay Area Air Quality Management District prior to commencement of work.
b) Testing and analysis for lead based paints shall be conducted, If such materials are found, remediation
shall be completed by a licensed contractor. Necessary permits shall be obtained prior to
commencement of work (DEIR p. 77).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Findin. The mitigation measure ensures that any asbestos and lead paint will be safely
removed prior to building demolition and requires that a permit be obtained from the Bay Area Air
Quality Management District prior to the commencement of removal of asbestos.
Impact 4.7-1, Hydrology and Water Quality/Soil Erosion, Siltation and violation of Water Quality
Standards (DEIR p. 79)
Mitigation Measure 4.7-1. Project Developer(s) shall prepare:
a) Erosion Control Plan(s) consistent with City of Dublin and Regional Water Quality Control Board
standards to minimize run-off from the Site during construction. To ensure that erosion impacts are
reduced to aless-than-significant impact to nearby fish and sensitive aquatic species in Alamo Creek
and other bodies of water, Erosion Control Plan(s) shall be reviewed and approved by a biologist to
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ensure that no impacts will occur to steelhead and other sensitive aquatic species. The Erosion Control
Plan shall include exclusion fencing to preclude the potential for California Red-legged Frogs from
entering the Project Site. Erosion Control Plan(s) shall be approved by the Dublin Public Works
Department prior to issuance of a grading permit.
b) A Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices
(BMPs) for construction and post-construction conditions. The SWPPP shall be prepared to Regional
Water Quality Control Board standards and Alameda County Clean Water Program requirements. The
SWPPP shall be prepared prior to issuance of a demolition permit by the City of Dublin to avoid spill
over of material into Alamo Creek during demolition. The BMPs shall include, but is not limited to
incorporation of grassy swales into landscaped areas, use of filtration devices, covering of solid waste
and recycling areas and similar features (DEIR p. 79).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The above mitigation measure will ensure that the developers incorporate state of
the art Best Management Practices into construction and post-construction activities to reduce soil erosion
and other water quality contaminants resulting from these activities.
Impact 4.7-2, Hydrology and Water Quality/Alteration of Drainage Patterns, Flooding and
Drainage System Capacity (DEIR p. 80)
Mitigation Measure 4.7-2. Project Developer(s). shall prepare a drainage and hydrology plan using
Regional Water Quality Control Board, Zone 7 and City drainage criteria which shall indicate that
adequate on and off-site capacity exists in local and regional drainage facilities to accommodate the
direction, rate and amount of increased stormwater runoff. If necessary, developer(s) shall upgrade
undersized drainage facilities to ensure that: a) no on-site flooding would occur; and b) downstream
drainage facilities are not overburdened by Project drainage. The drainage and hydrology plan shall be
approved by the Dublin Public Works Department and Zone 7 and all recommendations for drainage
improvements shall be incorporated into Project improvement plans (DEIR p. 80 as revised in FEIR p. 3,
12).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Findin. The mitigation measure will avoid impacts related to the alteration of drainage
patterns, flooding and drainage system capacity by ensuring that adequate capacity exists in downstream
drainage facilities to accommodate stormwater runoff related to the Project and to eliminate the potential
for on-site flooding.
Impact 4.8-1, Noise/Short-term Construction Noise (DEIR p. 86-87)
Mitigation Measure 4.8-1. Project Developer(s) shall prepare a Construction Noise Management Plan for
approval by the Dublin Planning Manager and Building Official prior to issuance of a demolition permit.
The Construction Noise Management Plan shall contain specific elements to reduce demolition and
construction noise to the lowest possible noise level, including but not limited to limiting days and hours
of demolition and construction activities, requiring mufflers for gasoline-powered equipment, using
electric-powered equipment to the fullest extent possible, and provisions for providing advance notice to
surrounding residents for major noise producing events. If the Project is constructed in phases, the
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Construction Noise Management Plan shall include specific measures to reduce on-site noise for existing
Site residents and visitors (DEIR p. 86-87).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Findin. The mitigation measure requires specific noise reduction measures to be included
in a Construction Noise Management Plan and followed during demolition and construction activities so
that noise related to the development of the project does not impact residents on the site or the
surrounding properties.
Impact 4.8-2, Noise/Traffic Noise Impacts. (DEIR p. 88)
Mitigation Measure 4.8-2_ Final building plans shall include solid barriers adjacent to Project driveways
at Dougherty Road that would reduce exterior noise levels in side and rear yards of dwellings under
future cumulative conditions to a level of 65 dBA or less (DEIR p 88).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The mitigation measure ensures that noise generated on Dougherty Road is
reduced on the Project site, to City standards, by the installation of a solid noise barrier on Dougherty
Road.
Impact 4.8-3 Noise/Mechanical Noise Impacts (DEIR p. 88-89)
Mit~¢ation Measure 4.8-3. Final building plans for the Project shall be accompanied by a report from a
qualified acoustic consultant indicating that all HVAC and other mechanical equipment used in the
Project either meets City and state noise exposure levels, or has been enclosed or screened in a manner
that ensures compliance with applicable City and state noise exposure levels (DEIR p. 88-89).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Findin. The mitigation measure ensures that noise generated by on-site mechanical
equipment, including HVAC equipment, is reduced to a less than significant level by requiring the
equipment to be appropriately located or enclosed to meet City noise standards.
Impact 4.8-4, Noise/Parks RFTA Noise Impacts (DEIR p. 89)
Mitigation Measure 4.8-4. Future residents of the Arroyo Vista Project shall receive written notification at
the time of sale, rental or lease of their respective dwelling unit of the potential for helicopter activities,
weapons training and similar noise generating activities at Parks RFTA. Written notices shall be approved
by the Dublin Community Development Director (DEIR p. 89).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
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Rationale for Findin. The mitigation measure ensures that future residents of Arroyo Vista receive
written notification of the potential for helicopter activities, weapons training and similar noise generation
activities at Parks RFTA.
Impact 4.8-5, Noise/Interior Noise Level Impacts (DEIR p. 89-90)
Mitigation Measure 4.8-5. Final building plans shall be accompanied by a report from a qualified
acoustical consultant indicating that the Project will include appropriate construction techniques to reduce
interior noise levels to a maximum of 45 dBA Ldn. This shall include but is not limited to proper wall
construction techniques, installation of appropriate insulation, the selections of proper windows and
doors, and the incorporation of forced-air mechanical ventilation systems. Residences located adjacent to
Dougherty Road shall also be equipped with a full heating and air-conditioning system because it is
unlikely residents would open their windows for ventilation (DEIR p. 90).
Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Findin. The report and construction techniques will ensure that interior noise levels are
reduced to a maximum of 45 dBA.
Impact 4.11-1, Transportation and Circulation/Local Traffic Delay at Project Driveways. (DE1R p.
104)
Mitigation Measure 4.11-1. The South Mariposa Road/Dougherty Road intersection shall be signalized to
improve operations to an acceptable level. Signalization will result in LOS A operations. The signal shall
be installed prior to the first Certificate of Occupancy by the City of Dublin (DEIR p. 104).
Findin .Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The above mitigation measure requires signalization at a Project driveway in order
to allow an adequate "gap" in traffic on Dougherty Road so that vehicles can safely exit the Project site.
Impact 4.11-2, Transportation and Circulation/Short-Term Cumulative Traffic Impacts (DEIR p.
108)
No feasible mitigation measures have been identified. This is a significant and unavoidable impact.
Findin .Funds are collected through the City's Traffic Impact Fee program and improvements identified
in the program would eventually reduce the impact at the Dougherty Road/Amador Valley Boulevard
intersection to a less than significant level. However, because these improvements would not be
constructed by 2015 and as discussed in the DEIR (p. 108) it is infeasible to require the developers to
construct these improvements at this time, this impact is significant and unavoidable. Therefore, a
Statement of Overriding Consideration must be adopted upon approval of the Project. Specific economic,
technical and other considerations make it infeasible to construct these improvements at this time.
Rationale for Findin. No measures are available to further reduce these impacts; therefore the impact
remains significant and unavoidable.
8
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Impact 4.11-3, Transportation and Circulation/Short-Term Cumulative Traffic Impacts (DEIR p.
108-109)
No feasible mitigation measures have been identified. This is a significant and unavoidable impact.
Findin .Funds are collected through the City's Traffic Impact Fee program and improvements identified
in the program would eventually reduce the impact at the Hacienda Drive/I-580 westbound offramp to a
less than significant level. However, because these improvements would not be constructed by 2015 and
as described in the DEIR (p. 108-109), it is infeasible to require the developers to construct these
improvements at this time, this impact is significant and unavoidable. Therefore, a Statement of
Overriding Consideration must be adopted upon approval of the Project. Specific economic, technical and
other considerations make it infeasible to construct these improvements at this time.
Rationale for Finding. No measures are available to further reduce these impacts; therefore the impact
remains significant and unavoidable.
Impact 4.11-4, Transportation and Circulation/Impacts on Side Street Traffic (DEIR~p. 109)
Mitigation Measure 4.11-4. Signalization of the South Mariposa Road/Dougherty Road intersection
would improve operations to an acceptable level. Signalization would result in LOS C operations during
the a.m. peak hour and LOS A operations during the p.m. peak hour (DEIR p. 109).
Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Findin. This mitigation measure requires signalization at the Project entrance to allow an
adequate "gap" in traffic on Dougherty Road so that vehicles can safely exit the site.
Impact 4.11-5, Transportation and Circulation/Amador Valley Blvd./Dougherty Rd. Cumulative
Traffic Impacts (DEIR p. 115)
Mitigation Measure 4.11-5. The Long-term Cumulative scenario assumes that the Dougherty Road
Improvement CIP project is complete. Additional intersection modifications required to improve
operations to-LOS D or better include the addition of a southbound right-turn lane and modification of the
traffic signal system to accommodate split phasing for the eastbound and westbound approaches.
Should the Camp Parks access not be relocated opposite Amador Valley Boulevard, then this significant
Project impact would not occur. Even with the relocation of access to this location, the City does not have
the authority to require the Army to construct improvements to the Dougherty Road/Amador Valley
Boulevard intersection. Therefore, the potential impact remains significant and unavoidable. (DEIR p.
115)
Findin The impact would occur and mitigation improvements be necessary only if the Army relocates
its access. Specific economic, technical and other considerations make it infeasible to construct the
necessary improvements because the City does not have the authority to require the Army to construct
them. Therefore, if the access is relocated, the impact would be significant and unavoidable and a
Statement of Overriding Consideration must be adopted upon approval of the Project.
9
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Rationale for Finding. Mitigation measures for roadway improvements if the Camp Parks access is
relocated are included in the EIR. However, implementation of the measures requires action on the part
of the Army, which the City cannot compel, therefore, the impact remains significant and unavoidable.
Impact 4.11-6, Transportation and Circulation/Dublin Blvd./Dougherty Rd. Cumulative Traffic
Impacts (DEIR p. 115)
No feasible mitigation measures have been identified. This is a significant and unavoidable impact.
Fi dingy. This impact cannot be avoided or substantially lessened; therefore, a Statement of Overriding
Consideration must be adopted upon approval of the Project. Specific economic, technological, or other
considerations, including physical constraints and safety considerations, make it infeasible to construct
additional lanes to reduce these impacts.
Rationale for Finding. Recent improvements were completed at this intersection. Additional
improvements could include a fourth northbound left turn lane; however, this improvement is infeasible
because of the potential safety impacts from four adjacent left turn lanes. Therefore these potential
impacts associated with this Project cannot be reduced to a less than significant level. Consistent with the
General Plan and the future cumulative nature of this potential impact, the City shall continue to monitor
intersection operations to assist in compliance with General Plan policies requiring implementation of
transportation measures to improve levels of service as appropriate.
Impact 4.11-7, Transportation and Circulation/S. Mariposa Dr./Dougherty Rd. Cumulative Traffic
Impacts (DEIR p. 116.)
Mitigation Measure 4.11-7. Signalization of the South Mariposa Drive/Dougherty Road intersection
would improve operations to an acceptable level, LOS B during the a.m. peak hour and LOS A during the
p.m. peak hour. This signal shall be installed prior to the first Certificate of Occupancy by the City of
Dublin (DEIR p. 116).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. This mitigation measure requires signalization at the Project entrance to allow an
adequate "gap" in traffic on Dougherty Road so that vehicles can safely exit the site.
Impact 4.11-8, Transportation and Circulation/Transit Circulation (DEIR p. 122-124)
Mitigation Measure 4.11-8 Provide alternate bus circulation and transit amenities necessary to
accommodate demand. A final determination of bus routing shall be made through coordination between
the City of Dublin, LAVTA and the Project applicant and shall be shown on Project improvement plans.
The Project applicant shall provide the necessary bus stops and/or bus pullouts and associated amenities
required to implement the final bus routes (DEIR p. 124).
Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or
substantially lessen the significant impacts identified in the EIR.
Rationale for Finding. The mitigation measure requires the cooperation of the local service provider, the
developers and the City to ensure the placement of necessary public transit support facilities to be located
on or near the site.
10
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Part 2, Findings regarding alternatives.
In Part 1, the City Council identified the significant and potentially significant environmental effects of
the Project and mitigation measures to avoid or reduce those impacts. The City Council found that most
of the identified impacts would be reduced to less than significant. The City Council further found that
four of the identified traffic impacts could not be reduced to less than significant. Through these findings
in Part 2, the City Council examines whether there are feasible alternatives that will substantially reduce
the impacts that could not be mitigated to less than significance.
The Project objectives are identified on p. 10 of the DEIR. Alternatives are analyzed in Chapter 5 of the DEIR and
include the required No Project Alternative, a Reduced Development Alternative and a Mixed Use Development
Alternative. Each of the alternatives was assessed for each resource topic and compared to potential Project impacts.
As further set forth below, the City Council considered the alternatives identified and analyzed in Chapter
5 of the DEIR and finds them to be infeasible for specific economic, social, or other considerations
pursuant to CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3). For
CEQA purposes, "feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, social, technological, and legal
factors. (CEQA Section 21061.1, CEQA Guidelines Section 15364.)
No Project Alternative
Under the No Project Alternative, the existing 150 unit public housing development would continue, subject to
ongoing maintenance and repair. Future cumulative traffic conditions at the four significantly affected intersections
would continue to be unacceptable but there would be no additional traffic from the Project. Similarly, side street
traffic would continue to experience delays under existing and cumulative conditions, but there would be no
additional traffic from the Project. There would also be no signalization to relieve the side street delays as identified
Proj ect mitigations would also not be implemented.
By eliminating Project traffic, the No Project Alternative eliminates the Project's unavoidable significant traffic
impacts. However, the City finds this alternative infeasible because it would not accomplish the basic Project
objectives identified in the DEIIZ other than maintaining a minimum of 150 income restricted dwellings on the site.
The aging dwellings and infrastructure would continue to require considerable maintenance and would continue an
inefficient lower density development pattern on a relatively unconstrained infill site. The No Project Alternative
would not provide amixed-income community with a variety of housing types, would not upgrade the appearance
of the units and would not upgrade the infrastructure beyond basic health and safety code requirements.
Alternative 2: Reduced Development
Under the Reduced Development Alternative, the existing development would be demolished and replaced by
approximately 238 dwellings rather than the 378 proposed by the Project. The Alternative 2 development would
be approximately 10 units/acre, with the units clustered generally in the center of the site further from Dougherty
Road and Alamo Creek than the Project.
Alternative 2 would reduce the amount of additional traffic as compared to the Project but because traffic would
neverkheless be increased over existing levels, the Project's unavoidable effects would not be eliminated. As
demonstrated in the DEIR, all four of the significant intersections are projected to experience unacceptable levels of
service under short term cumulative (Impacts 4.11-2 and -3) and long term cumulative (Impacts 4.11-5 and -6)
conditions without the Project. Anticipated traffic under Alternative 2 would be less than for the Project but would
still exacerbate projected unacceptable conditions.
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Alternative 2 would implement Project objectives to maintain a minimum of 150 income restricted units and would
allow upgraded development and infrastructure on the site. Unlike the Project, however, it would not increase the
number of affordable units and would provide less income diversity opportunities. This alternative would also
continue a relatively low-density land use pattern that does not make efficient use of a fizlly-served infill site.
Furthermore, the lower density and clustered unit location for this Alternative were identified in response to
potential traffic noise along Dougherty Road and the potential for impacts to Alamo Creek. As demonstrated in the
DEIR, however, the Project is not expected to result in significant traffic noise or creek-related biological or
hydrological impacts. Thus, the alternative is not necessary as a means of avoiding significant impacts in these two
resource areas. Since this alternative does not avoid the Project's significant traffic impacts, does not provide
efficient development of a relatively unconstrained infill site, and does not avoid any otherwise unavoidable
impacts, the City Council finds the Reduced Development Alternative infeasible.
Alternative 3: Mixed Use Development
Under the Mixed Use Development Alternative, the existing development would be demolished and replaced by
188 low and very-low income units on 18.8 acres of the site at an approximately 10 unit/acre density. The
approximately 5-acre balance of the site would be developed for local serving commercial development along
Dougherty Road and assuming 54,500 square of development. The intent of the commercial development would
be to buffer residential areas from traffic noise on Dougherty Road. This alternative would not include child care or
community center facilities.
Alternative 3 would increase the amount of traffic over existing levels and would generate more traffic than the
Project, thus, the Project's unavoidable effects would not be elinunated. As demonstrated in the DEIR, all four of
the significant intersections are projected to experience unacceptable levels of service under short term cumulative
(Impacts 4.11-2 and -3) and long term cumulative (Impacts 4.11-5 and -6) conditions without the Project.
Anticipated traffic under the Project would exacerbate projected unacceptable conditions; Alternative 3 would
further exacerbate the congestion due to increased traffic generation beyond Project levels.
Alternative 3 would implement Project objectives to maintain a minimum of 150 income restricted units and
would provide additional affordable units beyond the existing number. It would also provide upgraded
development and infrastructure on the site. However, this alternative would not meet Project objectives for
economic diversity. At a residential density of 10 units/acre, this alternative would also continue a relatively low-
density land use pattern that does not make efficient use of a fizlly-served infill site. Furthermore, while the
commercial area may provide some buffer to Dougherty Road traffic noise for some of the residential area, the
DEIR discloses that the commercial uses create the potential for significant noise impacts related to the commercial
operations, such as noise from patrons or from truck deliveries. In any case, the DEIR does not identify
unavoidable traffic noise impacts from the Project, so this alternative would not be necessary to avoid a significant
impact. This alternative does not avoid the Project's significant traffic impacts, does not provide efficient
development of a relatively unconstrained infill site, and does not avoid any otherwise unavoidable impacts,
therefore, the City Council finds the Mixed Use Development Alternative infeasible.
G: (Arroyo VistalCC PfflExh A Mitigation Finrlings.doc
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EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General.
Pursuant to CEQA Guidelines Section 15093, the City Council of the City of Dublin makes the following
Statement of Overriding Considerations.
The City Council has balanced the benefit of the Arroyo Vista Project to the City of Dublin against the
adverse impacts identified in the Environmental Impact Report (EIR) as significant and potentially
significant which have not been mitigated to a less than significant impact. Pursuant to Section 15093, the
City Council hereby determines that the benefits of the Arroyo Vista project outweigh the adverse impacts
and the Project should be approved.
The City Council has carefully considered each impact in reaching its decision to approve the Project.
Even with mitigation, the City Council recognizes that the implementation of the Project carries with it
unavoidable adverse environmental effects as identified in the EIR. The City Council specifically finds
that to the extent that the identified adverse or potentially adverse impacts for the project have not been
mitigated to acceptable levels, there are specific social, land use, provision of affordable housing and
other considerations that support approval of the project.
Z. Unavoidable Significant Adverse Impacts. The following unavoidable significant environmental
impacts are associated with the proposed Project as identified Draft EIR
Transportation and Circulation/Short-term cumulative traffic impacts, Impact 4.11-2. Under Short-term
Cumulative (2015) Conditions, the intersection of Dougherty Road/Amador Valley Boulevard would
operate at unacceptable LOS F conditions during the a.m. and p.m. peak hours. The addition of Project
traffic would exacerbate this condition.
Transportation and Circulation/Short-term cumulative traffic impacts, Impact 4.11-3. Under Short-term
Cumulative (2015) Conditions, the intersection of Hacienda Drive/I-580 Westbound Off-Ramp would
operate at unacceptable LOS E conditions during the a.m. peak hour. The addition of Project traffic would
exacerbate this condition.
Transportation and Circulation/Amador Valley Blvd./Dougherty Rd. cumulative traffic impacts, Impact
4.11-5. The assumed relocation of the Camp Parks access onto Dougherty Road opposite Amador Valley
Boulevard results in the Dougherty Road/Amador Valley Boulevard -Camp Parks intersection operating
at an unacceptable LOS E during the a.m. and p.m. peak hours under Long-term Cumulative (2025)
Conditions. The addition of Project traffic would exacerbate this condition. Should the Camp Parks access
not be moved, this impact will not occur. Even with the relocation of the access, the City does not have
the authority to require the Army to construct roadway improvements and therefore this is a significant
impact.
Transportation and Circulation/Dublin Blvd./Dougherty Rd. cumulative traffic impacts, impact 4.11-6.
Under Long-term Cumulative (2025) Conditions, the Dublin Blvd./Dougherty Rd. intersection would
operate at an unacceptable LOS E during the p.m. peak hour. The addition of Project traffic will
exacerbate this condition.
1
EXHIBIT B TO
ATTACHMENT 2
3. Overriding Considerations. The City Council has carefully considered each impact in reaching its
decision to approve the Project. The City Council now balances those unavoidable impacts, against its
benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the
Project as further set forth below.
The Project will redevelop an underutilized site within the City that would otherwise need significant
maintenance and modernization to support the residents. The Project site is an infill site, served by public
utilities, and convenient to major arterials, services, and public transit. The Project increases density to
make more efficient use of the site's infill location and is similar to nearby residential densities.
Development of the site as a new residential community will provide new residential opportunities within
the City as well as creating amixed-income community. The new development will increase the amount
of and type of affordable housing within the City of Dublin, including senior housing, family apartments
and for-sale dwelling units. The number of affordable rental units will increase from 150 to 178 units. An
additional 14 affordable for-sale units will be provided in compliance with the inclusionary housing
ordinance. The affordable rental housing component will also contain deeper affordability. As explained
in the FEIR (p. 26), the existing units are available to residents with incomes at or below 80% of Area
Median Income while the new units will be affordable at or below 60% of the Area Median Income for
the family units and at or below 50% of the Area Median Income for the senior units.
The Project continues to include a child care facility, providing a valuable and needed resource to the
residents of the Project and to the Dublin community. Development of the site will also provide
construction employment opportunities for Dublin residents.
2
Arroyo Vista EIR
Mitigation Monitoring and Reporting Program
PA #07-028
August 2009
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Mitigation Measure Implementing
Res onsibili Monitoring
Res onsibilit Monitoring
Schedule Verification
Mitigation Measure 4.1-1. As a condition of Site Project Dublin Prior to approval
Development Review for the Arroyo Vista Developers Community both public
Project, the City of Dublin shall require submittal Development improvement
of lighting plans, including photometric detail, to Department plans (for street
ensure that all exterior light fixtures will either be lights) and final
oriented downward or equipped with cut-off building plans ~~
lenses to ensure no spill-over of unwanted light (for light fixtures ~'i
onto adjacent properties or Alamo Creek. The on private 'i
lighting plan shall be approved by the property)
Community Development Department and Police
Services Department prior to issue of the first
building permit.
Mitigation Measure 4.1-2 . Project Dublin Shown on final j
a) The final landscape plan shall show that the Developers Community landscape plans
existing Heritage Tree which is proposed to Development
be removed as a part of the residential Department
development will be replaced with three 36-
inch box size redwood trees on the Site.
b) The final landscape plan shall show that the
trees planted adjacent to Dougherty Road
would be a minimum of 36-inch box size, be ~~~
of a fast rowin varie and conform to the ~~
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City's adopted Streetscape Master Plan.
c) Replacement trees shall be provided in the
interior of the Project Site, at a minimum
ratio of 1 replacement tree for each tree
removed.
Mitigation Measure 4.2-1a. The following dust Project Dublin Building Included on plans
control measures shall be followed by Developers Division and specifications
contractors during demolition of existing for demolition
~ structures: activities
a) Watering shall be used to control dust
generation during demolition of structures
and break-up of pavement.
b) All trucks hauling demolition debris from
the Site shall be covered.
c) All demolition activity shall comply with !
BAAQMD Regulation 11, Rule 2, which
regulates airborne toxic pollutants through
inspection and law enforcement during
demolition. This regulation requires that the
District be notified ten days in advance of
any proposed demolition the District must
be provided information on the amount and
nature of any hazardous pollutants, nature
of planned work and methods to be
employed, and the name and location of the
waste disposal site to be used
Miti ation Measure 4.2-1b. The followin dust Pro~ect Dublin Buildin Included on lans
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control measures shall be implemented by all Developers Division and specifications
contractors during construction of the proposed for grading
improvements. These include but are not limited activities
to BAAQMD Basic and Enhanced measures to
reduce construction impacts. According to the
BAAQMD, adopting these measures reduces
particulate matter impacts (PM10 and PM2.5) to a
less-than-significant level.
a) All active construction areas shall be
watered at least twice daily.
b) Stockpiles of debris, soil, sand, or other
materials that can be blown by the wind
shall be covered or watered.
c) All trucks hauling soil, sand, and other loose
materials shall be covered, or trucks shall
maintain at least two feet of freeboard.
d) Pave, apply water three times daily, or apply
(non-toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging
areas at construction sites.
e) All paved access roads, parking areas, and
staging areas at construction sites shall be
swept daily with water sweepers, including
adjoining streets, if soil material is visible.
f) Inactive construction areas (previously
graded areas inactive for ten days or more)
shall be hydroseeded or a non-toxic soil
stabilizer applied.
Ex osed stock files (dirt, sand, etc.) shall be
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enclosed, covered or watered at least twice
daily. ~,
h) Traffic speeds on unpaved roads shall be
limited to 15 miles per hour.
i) Sandbags or other erosion control measures
shall be installed to prevent silt runoff to
public roadways and Alamo Creek.
j) Alternative fueled construction equipment
shall be used to the extent feasible.
k) Vehicle idling time shall be minimized (5
minutes maximum) and all equipment shall
be properly tuned,
1) The hours of operation of heavy equipment
and/or the amount of equipment in use shall i
be minimized.
Mitigation Measure 4.3-1._Clearing of vegetation Project Dublin Building Included on plans
and the initiation of construction shall be limited Developers Division and specifications
to the non-breeding season between September for grading
and January. If these activities cannot be done in activities
the non-breeding season, a qualified biologist
shall perform pre-construction bird surveys
within 30 days prior to construction or clearing of
vegetation. If nesting birds, such as loggerhead
shrike, are discovered in the vicinity of planned
development, buffer areas shall be established
around the nest until the nest is vacated. The size
and duration of the buffer will depend on the ~
articular s ecies of nestin bird resent and
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shall be established by a qualified biologist.
Mitigation Measure 4.3-2. Pre-construction bat Project Dublin Planning Prior to grading
surveys shall be conducted on the Site by a Developers Division activities and for
qualified biologist between November 1 and major tree
August 31, to include trees, and buildings subject removals
to removal or demolition-for evidence of bat use
(guano accumulation, or acoustic or visual
detections). If evidence of bat use is found,
biologists shall conduct a minimum of three
acoustic surveys between April and September
under appropriate conditions using an acoustic
detector to determine whether a Site is occupied.
If bats are found, a qualified biologist shall
supervise any removal and such removal shall
occur only during the fall prior to construction.
Mitigation Measure 4.4-1. Prior to issuance of a Project Dublin Planning Prior to issuance
grading permit, a program of mechanical Developers Division of a grading
subsurface presence/absence testing for permit
cultural resources shall be completed by a
qualified archeologist approved by the Dublin
Community Development Department,
utilizing a mechanical core sampler in the open
space areas of the existing development to
search for potentially buried archaeological
deposits. In the event that any such deposits are
discovered, Project work in the vicinity of the
de osits shall be immediatel halted and
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additional core samples shall be taken if needed
to map the extent and depth below the surface
of otentiall si ificant cultural materials.
If it is determined that new construction
activities will impact resource deposits, a plan
for the evaluation of the deposit(s) consistent
with CEQA Guidelines Section 15064.5 shall be
submitted to the City of Dublin and other ',
appropriate agencies for approval. Evaluation
shall be completed to determine if the resources i
are eligible for inclusion on the California '~,
Register of Historic Resources (CRHR) and/or ',
the National Register of Historic Places (NRHP).
If human remains are encountered, the County ',
Coroner shall be contacted immediately.
Mitigation Measure 4.5-1. Future Site Project Dublin Building Prior to issuance
improvements shall be designed and Developers Division of building permit
constructed in a manner consistent with the
Project geotechnical report. These include but
are not limited to:
a) Testing and removal of all undocumented
fill material on the Site.
b) Proper compaction of engineered fill
material.
c) Installation of proper subdrainage facilities.
d) Use of post-tensioned and/or mat slab
building foundations.
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Mitigation Measure 4.6-1. Prior to grading Project Dublin Planning Prior to issuance
activities, but after demolition of existing Developers Division of grading permit.
improvements, soil samples shall be collected and but before
analyzed for lead using EPA methods. If I commencement of
actionable levels of lead are found on the Site, a construction
remediation program shall be prepared by a
qualified consultant and implemented. Necessary
permits and approvals shall be obtained from
appropriate regulatory agencies, including the
Bay Area Air Quality Management District.
Worker safety plans shall be included in any
remediation plan.
Mitigation Measure 4.6-2. The following actions Project Dublin Building Prior to issuance
shall be taken before issuance of the first Developers Division of the first
demolition permit, if multiple permits are issued demolition permit
by the City:
a) Asbestos containing material shall be
removed by a licensed contractor and
disposed of in a landfill licensed to accept this
level of contaminated material. If required, a
permit shall be obtained from the Bay Area
Air Quality Management District prior to
commencement of work.
b) Testing and analysis for lead based paints shal
be conducted, If such materials are found,
remediation shall be completed by a licensed
contractor. Necessary permits shall be obtaine
rior to commencement of work.
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Mitigation Measure 4.7-1. Project Developer(s) Project Dublin Public Prior to issuance
shall prepare: Developers Works of grading permit.
a) Erosion Control Plan(s) consistent with City Department
of Dublin and Regional Water Quality
Control Board standards to minimize run-off
from the Site during construction. To ensure
that erosion impacts are reduced to a less-
than-significant impact to nearby fish and
sensitive aquatic species in Alamo Creek and
other bodies of water, Erosion Control
Plan(s) shall be reviewed and approved by a
biologist to ensure that no impacts will occur
to steelhead and other sensitive aquatic
species. The Erosion Control Plan shall
include exclusion fencing to preclude the
potential for California Red-legged Frogs
from entering the Project Site. Erosion
Control Plan(s) shall be approved by the
Dublin Public Works Department prior to
issuance of a grading permit.
b) A Stormwater Pollution Prevention Plan
(SWPPP) that incorporates Best Management
Practices (BMPs) for construction and post-
construction conditions. The SWPPP shall be
prepared to Regional Water Quality Control
Board standards and Alameda County Clean
Water Program requirements. The SWPPP
shall be re ared rior to issuance of a
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demolition permit by the City of Dublin to
avoid spill over of material into Alamo
Creek during demolition. The BMPs shall
include, but is not limited to incorporation of
grassy swales into landscaped areas, use of
filtration devices, covering of solid waste
and recycling areas and similar features.
Mitigation Measure 4.7-2. Project Developer(s) Project Dublin Public Prior to issuance
shall prepare a drainage and hydrology plan Developers Works of grading permit
using Regional Water Quality Control Board, Department and
Zone 7 and City drainage criteria which shall Zone 7
indicate that adequate on and off-site capacity
exists in local and regional drainage facilities to
accommodate the direction, rate and amount of
increased stormwater runoff. If necessary,
developer(s) shall upgrade undersized drainage
facilities to ensure that: a) no on-site flooding
would occur and b) downstream drainage
facilities are not overburdened by Project
drainage. The drainage and hydrology plan shall
be approved by the Dublin Public Works
Department and Zone 7 and all
recommendations for drainage improvements
shall be incorporated into Project improvement
plans.
j Mitigation Measure 4.8-1. Project Developer(s) Project Dublin Planning Prior to issuance
shall re are a Construction Noise Mana ement Develo ers Division of demolition
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Plan for approval by the Dublin Planning permit
Manager and Building Official prior to issuance ',
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of a demolition permit. The Construction Noise '~,
Management Plan shall contain specific elements
to reduce demolition and construction noise to
the lowest possible noise level, including but not it
limited to limiting days and hours of demolition '~,
and construction activities, requiring mufflers for '~
gasoline-powered equipment, using electric- ',
powered equipment to the fullest extent possible, '
and provisions for providing advance notice to ',
surrounding residents for major noise producing
events. If the Project is constructed in phases, the
Construction Noise Management Plan shall
include specific measures to reduce on-site noise
for existing Site residents and visitors.
Mitigation Measure 4.8-2. Final building plans Project Dublin Building Prior to issuance ',
shall include solid barriers adjacent to Project Developers Division of building permit '~,
driveways at Dougherty Road that would ',
reduce exterior noise levels in side and rear ~,
yards of dwellings under future cumulative !,
conditions to a level of 65 dBA or less. ~I
~~
Project Dublin Building Prior to issuance ',
Mitigation Measure 4.8-3. Final building plans Developers Division of building permit
for the Project shall be accompanied by a report
from a qualified acoustic consultant indicating
that all HVAC and other mechanical e ui ment
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used in the Project either meets City and state
noise exposure levels, or has been enclosed or
screened in a manner that ensures compliance
with applicable City and state noise exposure
levels.
!i
Mitigation Measure 4.8-4. Future residents of Project Dublin Planning Prior to initial
the Arroyo Vista Project shall receive written Developers Division sale, lease or
notification at the time of sale, rental or lease of rental of all
their respective dwelling unit of the potential for dwellings
helicopter activities, weapons training and
similar noise generating activities at Parks
RFTA. Written notices shall be approved by the
Dublin Community Development Director.
Mitigation Measure 4.8-5. Final building plans Project Dublin Building Prior to issuance
shall be accompanied by a report from a qualified Developers Division of building permit
acoustical consultant indicating that the Project
will include appropriate construction techniques
to reduce interior noise levels to a maximum of 45
dBA Ldn. This shall include but is not limited to
proper wall construction techniques, installation
of appropriate insulation, the selections of proper
windows and doors, and the incorporation of
forced-air mechanical ventilation systems.
Residences located adjacent to Dougherty Road
shall also be equipped with a full heating and air-
conditioning system because it is unlikely
residents would o en their windows for
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Mitigation Monitoring and Reporting Program
City of Dublin
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ventilation.
Mitigation Measure 4.11-1. The South Mariposa Project Dublin Public Prior to issuance
Road/Dougherty Road intersection shall be Developers Works of first Certificate
signalized to improve operations to an acceptable Department of Occupancy
level. Signalization will result in LOS A
operations. The signal shall be installed prior to *.
the first Certificate of Occupancy by the City of
Dublin.
I
Mitigation Measure 4.11-4. Signalization of the Project Dublin Public As determined by
South Mariposa Road/Dougherty Road Developers Works City Engineer
intersection would improve operations to an Department
acceptable level. Signalization would result in
LOS C operations during the a.m. peak hour and
LOS A operations during the p.m. peak hour.
Mitigation Measure 4.11-5. The Long-term Project Dublin Public Shown on public
Cumulative scenario assumes that the Developers Works improvement
Dougherty Road Improvement CIP project is Department plans
complete. Additional intersection modifications
required to improve operations to LOS D or
better include the addition of a southbound
right-turn lane and modification of the traffic
signal system to accommodate split phasing for
the eastbound and westbound approaches.
Miti anon Measure 4.11-7. Si alization of the Project Dublin Public Prior to issuance
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City of Dublin
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South Mariposa Drive/Dougherty Road Developers Works of first Certificate
intersection would improve operations to an Department of Occupancy ~
acceptable level, LOS B during the a.m. peak hour
and LOS A during the p.m. peak hour. This signal
shall be installed prior to the first Certificate of
Occupancy by the City of Dublin.
Mitigation Measure 4.11-8. Provide alternate bus Project Dublin Planning Prior to issuance
circulation and transit amenities necessary to Developers Division of the first
accommodate demand. A final determination of Certificate of
bus routing shall be made through coordination Occupancy
between the City of Dublin, LAVTA and the
Project applicant and shall be shown on Project
improvement plans. The Project applicant shall
provide the necessary bus stops and/or bus
pullouts and associated amenities required to
implement the final bus routes.
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