c. Need to acknowledge “Individuals and families are directly affected by each jurisdiction’s ability to plan for the housing needs of those who will live, work, and play in every community.” as per https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml. Table 1-2 heading should read Minimum Housing Units Required by RHNA rather than just RHNA. Page 1-10, First Line, after "opportunities", add "the look and character of the city," d. Very minute, but it could be informative to mention the AMI ranges in dollars for each income category for the RHNA targets in Table 1-2. Overall, I found this chapter to be wonderfully written, easy to understand, and very informative for a broader audience. I especially appreciated Table 1-1, the clear-cut identification of Dublin's planned RHNA compliance is a recipe for smooth approval with CA HCD. 80%
20%
Resident Business Owner Property Owner Stakeholder Other 634
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Public Review Draft – Feedback Form
3. Please submit comments on Chapter 2 - Housing Plan.
a. Same comments as above. We support housing needs but it needs to be done responsibly. Increase in housing equals increase capacity and resources for all schools.
It’s not acceptable to say that the City Council and the School District are separate entities. This is ONE DUBLIN and supporting the schools as much you support developers is imperative.
b. See below:
▪ Add Policy B.6 - Enforce the number of inclusionary affordable for-sale units in the City's Municipal Code.
▪ Policy C.2 should be eliminated. It establishes the concept of replacement without any guidelines, therefore allowing multiple units to replace a single home. In addition, it is not necessary to accomplish City goals. Same vagueness regarding the word "enhancement."
▪ Add Policy D.4 - Increase the RATE of affordable for-sale units in all future residential developments.
▪ Page 2-10, second bullet point on the page, add the word "for-sale" after the word "affordable."
▪ Page 2-10, third bullet point under the heading Objectives, add "for-sale" after the word "affordable."
▪ Page 2-12, third bullet point, the concept of "deed-restricted" is undefined as well as impractical. Would the homeowner be REQUIRED to rent the ADU out? if so, how much? What if the property changes hands?
▪ Program B.8 eliminate. The City is required to allow ADU's. That's fine. The City is not obligated to have a minimum quantity of ADU's built. Rezoning to accommodate ADU's is unnecessary and irresponsible.
▪ Program B.9 eliminate. The statements in this section are false. The State law does NOT require non-vacant properties to be rezoned to accommodate 30 units per acre. That is just one choice that is given to a jurisdiction. It is my understanding that the current zoning in Dublin already allows for all of the RHNA housing assignments for the next RHNA cycle. Therefore no rezoning is necessary.
▪ Page 2-16, third bullet point. The rezoning of the 2.5 acres is fine. However, the SCS Property developer has said that they will accommodate on-site inclusionary for-sale units. If the 100 unit parcel is IN ADDITION to the on-site units then fine; but if it is a land dedication to get out of building the inclusionary units that they indicated they would build, then that is not okay. ▪ Page 2-16 delete the paragraph that begins with "The City will continue to use Specific Plans and appropriate zoning to ensure...". The City of Dublin does not need to rezone anything to accommodate the upcoming RHNA requirements c. Same as above
d. Another comment on minutiae – I would appreciate it if there were more differentiation in the reference number for the policies and programs. This could ideally be done by 635
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2023-2031 Housing Element Update
Public Review Draft – Feedback Form
starting the reference letters/numbers for Goals and Policies with 2.1.x and starting the reference letters/numbers for Programs with 2.2.x, thus using the following format:
chapter #.section #. Subsection letter/#.
4. Please submit comments on Appendix A - Review of Past Performance. a. No comment
b. No comment
c. Absolutely DISMAL previous cycles! I am ashamed of our City's complete disdain for the residents of Dublin and the workers who cannot even come close to being able to live here. Your List of Accomplishments is a collection of meetings attended, workshops facilitated, brochures printed and self-congragulatory rhetoric that drones on and on about how great you are, but in the final analysis it all means YOU DID ALMOST NOTHING to benefit your residents. Shame on you!! And shame on us for believing our elected officials when we read your voter pamphlet statements that you supported affordable housing.
Housing Element Goals Progress Report
RHNA Accomplishments*
Housing Units to be Constructed Goal RINA Building Permits Issued Very Low Income (0-50% AMI) 400 1,092 189
Low Income (51-80% AMI) 661 85 0
Moderate Income (81-120% AMI) 410 653 44
Upper Income (>120% AMI) 800 924 2,326
Total 1,610 3,330 2,644
Housing Rehabilitation
Very Low Income (0-50% AMI) 20 17
Low Income (51-80% AMI) 25 12
Total 45 36
Source: City of Dublin, 2014.
Note: * New construction units based on building permits issued.
Table A-1: 5th Planning Cycle Quantified Accomplishments You don't even list a goal this past cycle. Building such a huge amount of Market Rate housing and such a pathetic showing of the other categories is NOT an accomplishment, it is shameful!
Housing Assistance Type RHNA Accomplishments
Very Low-Income 796 26
Low-Income 446 39
Moderate-Income 425 79
Above Moderate-Income 618 4,878
TOTAL 2,285 5,022
d. No critiques for Appendix A. Presenting a summary table of quantifiable past performance was a very transparent and informative method of disseminating such info. 636
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Public Review Draft – Feedback Form
5. Please submit comments on Appendix B - Community Profile. a. No comment
b. No comment
c. No comment
d. I would appreciate it if there were a citation for the city’s definition of “overcrowding” prior to their analysis of the phenomenon in Dublin. This could provide some clarity as well as ethos to what’s being measured, namely cause I have seen some minor variation / discussion on how to properly measure overcrowding (see:
https://www.huduser.gov/publications/pdf/measuring_overcrowding_in_hsg.pdf). I Particularly appreciated the attention to student housing needs, among other segments of the community profile section.
6. Please submit comments on Appendix C - Housing Constraints, Resources, and AFFH. a. No comment
b. Table C-1 Re-calculate these numbers. These numbers are not credible. At $256 per square foot for vacant land in Dublin, this Draft table is claiming that on average, vacant land is (43560) ($256) $11M per acre. I did a search about 6-10 months ago on Zillow or Trulio and found that average to be about $0.5M per acres. The numbers in Table C-1 are ridiculous and misleading. Please correct this or eliminate it. c. Same as above
d. On the “Access to Transit” section of Appendix C, I feel like it’s worth prefacing the availability of transit options and the transit frequency. Without such context, the AllTransit Statistics on Dublin seem potentially misleading to those not familiar with our transportation. Other than that, this Appendix seems very thorough and objective.
7. Please submit comments on Appendix D - Adequate Sites Analysis. a. No comment
b. No comment
c. No comment
d. If possible, I would like to see some explanation of the city’s financial capacity to fulfill the proposed RHNA targets for very-low-income and low-income sites, particularly for the SCS Property since it’ll be the first of the 3 primary sites for meeting the targets.
Other than that, I think that the adequate sites identified to meet the low-income RHNA targets are very feasible to build. I will add though, that I do find a bit of concern with the specific parcel for the Hacienda Crossings Rezoning being placed at the North-East corner of the property. While I can understand the potential revenue that parcel could bring to the shops at Hacienda Crossings, I think that it’s not the most hospitable site for maximizing transit accessibility for potential future residents, which is particularly imperative for very low-income households that may not otherwise have an option to buy a car. From the Bed, Bath and Beyond entrance, for example, it’s a 20-minute walk to the Dublin/Pleasanton BART Station. I would reckon that the South West Corner of Hacienda Crossings would vastly improve transit access, especially considering the future Iron Horse Trail Connector being completed at IKEA Place. 637
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2023-2031 Housing Element Update
Public Review Draft – Feedback Form
8. Please submit comments on the Appendix E - Housing Plan Programs Summary. a. No comment
b. No comment
c. No comment
d. No comment
9. Please submit comments on the Appendix F - Community Engagement Summary. a. No comment
b. I already wrote to the city about the graphs for Community Assistance and Fair Housing.
Please remove line segments between the data points. They don't belong on these graphs and they make the City look inept. Vision for the Future - comments from the community. There were some comments that seemed pro-housing and some were against more housing. There were at least 70% more comments against more housing than for more housing. I REALIZE THAT WE HAVE TO BUILD MORE HOUSING, but the community is tired of it. The City needs build what is required and then give it a rest.
The city of Dublin is not shirking its housing responsibility; it has done far more than it's fair share of building.
c. Vision for the Future - comments from the community. It appears that many respondents expressed concerns about housing. There were some comments that seemed pro-housing and some were against more housing. The community does not see a cohesive vision of the future coming from the City. It is almost as if the goal of the City is to avoid taking the time and interest in protecting the residents and looking to their future well being, such as the failure of the City to require relevant E!Rs for all projects and the recent (2015) appearance of Mello-Roos for infrastructure. All projects and modifications should be geared toward the long-term best outcome for the people of Dublin and the ecosystem which we all call home. Instead, there appears to be a push to find a way AROUND the challenges we face as a community and just check a box, almost as if the future well-being of our community is not a primary concern. d. No comment
10. Please submit comments on the Appendix G - Glossary of Terms. a. No comment
b. Please add the following acronyms to the glossary that are used in this Housing Element.
DMC - Dublin Municipal Code
RHNA - Regional Housing Needs Allocation
I know that you already list "Regional Housing Needs Allocation" but RHNA is used throughout.
c. Same as above
d. No comment
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Public Review Draft – Feedback Form
11. Please submit here any additional comments you have regarding the Dublin 2023-2031 Housing Element.
a. Dublin has done more than its share to help with housing shortage. Please do what you can to balance mew housing with providing adequate school space and resources for current and future students. Thank you.
b. I believe that some of the requirements stated in the Draft Housing Element which are claimed to be mandated from the State are not accurate. Some of the so-called "requirements" are solutions that the City wants to implement in order to build as much as they can - in spite of what residents want. The entire Draft Housing Element is geared toward more development than is necessary. In addition, the RHNA numbers from HCD are being legally challenged as well as challenged internally by another State agency. There is no reason to rezone anything in Dublin due to RHNA requirements.
The zoning to accommodate RHNA is already in place. REVISE AND RESUBMIT. c. I found this draft document to be a study of "the language of the politics". Words that sound good, but are not really what will happen. It is not a vision, it is an excuse for why, as a City, we check the boxes and give away the farm to developers who find Dublin the soft target of the valley. I find it tragic that we have to say we should be building affordable housing to buy and get told that the reason it wasn't included was that the low income buyers would be uncomfortable living in a residential development. You can have a 1000 pages of tables talking about diversity, but you have no heart for those who are less well off.
d. While this to a certain extent goes outside of the scope of the Housing Element itself, I would appreciate it if there were strategies in place to minimize parking as much as possible and expand bike, car, and scooter share services around high-density units planned for this Housing Element Cycle. Particularly pertinent for both CAP 2.0 goals as well as minimizing traffic impacts with these proposed developments, reducing parking and expanding other micro-mobility modes could be a key to making these communities as feasibly car-free as possible. In doing so, it'd benefit the community at large as well as incentivize future proximate commercial development that reinforces the car-free lifestyle of residents within these proposed developments. 639
Draft 2023 – 2031
Housing Element
City Council
May 17, 2022
Item 7.1
Overview
• Background
• Housing Element
Components
– Housing Plan
– Adequate Sites Analysis
• Next Steps
Background
• One of the seven mandated elements of
the General Plan
• Addresses the housing needs of
residents
• Identifies existing and projected housing
needs by income category
• Establishes Citywide goals, policies,
programs, and objectives to guide future
housing
• Requires certification by the California
Department of Housing and
Community Development (HCD)
Dublin General Plan
Land Use
Parks and Open Space
Schools, Public Lands, and Utilities
Water Resources and Energy
Conservation
Economic Development
Community Design and Sustainability
Noise
Seismic and Safety
Conservation
Housing
Circulation and Scenic Highways
Final Allocation
• Approved by ABAG on December 16, 2021
• Assigns 3,719 units to Dublin
Income
Category Very Low Low Moderate Above
Moderate Total
Units 1,085 625 560 1,449 3,719
640
Housing Element Components
• Chapter 1: Introduction
• Chapter 2: Housing Plan
• Appendix A: Review of Past Performance
• Appendix B: Community Profile
• Appendix C: Housing Constraints, Resources,
and Affirmatively Furthering Fair Housing
Housing Element Components
• Appendix D: Adequate Sites Analysis
• Appendix E: Housing Plan Programs Summary
• Appendix F: Community Engagement Summary
• Appendix G: Glossary of Terms
Housing Plan
• Identify specific
programs to implement
policies, goals and
objectives
• Timeframe
• Responsible party
• Specific, measurable
outcomes
Housing Plan
• Continuations of successful programs from the
2014-2022 Housing Element
• Programs reflect the results and analyses of:
– City’s local housing needs
– Available land and financial resources
– Mitigation of identified governmental and nongovernmental constraints • New legislative requirements
641
Notable New Housing Programs
• Program A.5: Preserve and Monitor Affordable
Units At-Risk of Converting to Market-Rate
Units
• Program B.8: Accessory Dwelling Unit
Monitoring Program
• Program B.9: Non-Vacant Adequate Sites to
Satisfy By-Right Requirements of AB 1397
Notable New Housing Programs
• Program B.10: Objective Design Standards and
Streamlined Ministerial Review
• Program B.14: Residential Incentives
• Program C.2: Safety Element and
Environmental Justice Policies
• Program E.1: Affirmatively Furthering Fair
Housing
Notable New Housing Programs
• Program E.4: Low-Barrier Navigation Centers
• Program E.5: Housing for Persons with
Developmental Disabilities
• Program E.6: Farmworker and Employee
Housing
Adequate Sites Analysis
• Inventory of specific
parcels suitable and
available for residential
development
• Identify sites by
income category
642
Sites Inventory
Very Lowand Low- Moderate- Above
Moderate- Total
Allocation 1,710 560 1,449 3,719
Pipeline Projects (394) (184) (1,572) (2,100)
Accessory Dwelling
Units (149) (74) (25) (248)
5th Cycle Sites 0 (252) (573) (825)
Public/Semi-Public
Sites (134) 0 0 (134)
Downtown Dublin (363) (50) 0 (413)
Remaining Need 720 0 (721)
Distribution of Remaining Need
VeryLow- and
LowModerate- AboveModerate- Total
Alameda County
Surplus Property at the
Transit Center 323 0 322 645
Hacienda Crossings 297 0 297 594
SCS Property 100 0 0 100
Total 720 0 619 1,339
Tentative Schedule
Planning
Commission Study
Session
March 8, 2022
City Council
Check-In
March 15, 2022
Planning Commission
Review Draft Housing
Element
April 26, 2022
City Council
Review Draft
Housing
Element
May 17, 2022
HCD Review
Draft Housing
Element
May-August
2022
Environmental
Review and
Prepare
General Plan
Safety Element
and
Environmental
Justice Policy
Amendments
June-November
2022
Revise Housing
Element in
Response to
HCD’s
Comments
AugustNovember
2022
Adopt Housing
Element
November
2022-January
2023
Planning Commission Review
• Adopted Resolution recommending that the
City Council direct Staff to submit the Draft
2023 – 2031 Housing Element to HCD for
review
643
Recommendation
• Adopt Resolution directing Staff to submit
Draft 2023 – 2031 Housing Element to HCD
for review
644
Appendix F: Community Engagement Summary F-16
Draft 2023-2031 Housing Element
F.12 Public Outreach Accomplishments
Following is a summary of all public outreach accomplishments:
Newsletters:
• City Report 2020-2021 newsletter
• City Report 2021-2022 newsletter
• Annual Report 2020-2021 newsletter
• Annual Report 2021-2022 newsletter
Backyard Brief:
• May 2021 (RHNA)
• July 2021 (RHNA appeal)
• January 2022 (survey and workshop
promotion)
• February 2022 (survey and second
workshop promotion)
• May 2022 (Draft Housing Element)
Website:
• Launched Fall 2020
• Periodically updated
Survey:
• December 10, 2021 – February 28, 2022
• English and Mandarin
Community Workshops:
January 19, 2022
February 17, 2022
Notify Me (website subscription):
• January 11, 2022 (survey and workshop
promotion)
• February 10, 2022 (survey and second
workshop promotion)
• February 22, 2022 (survey)
• March 7, 2022 (study session)
• April 15, 2022 (Draft Housing Element)
• April 22, 2022 (Planning Commission
Meeting on Draft Housing Element)
• May 13, 2022 (City Council Meeting on
Draft Housing Element)
• August 15, 2022 (Revised Draft Housing
Element)
Notify Me (Backyard Brief promotion):
• May 3, 2021
• July 1, 2021
• January 5, 2022
• February 1, 2022
• May 3, 2022
News Flash:
• January 11, 2021 (workshop promotion)
• May 3, 2021 (publicize the Backyard
Brief)
• July 1, 2021 (publicize the Backyard
Brief)
• July 30, 2021 (publicize the Annual
Report)
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Appendix F: Community Engagement Summary F-17
Draft 2023-2031 Housing Element
• December 20, 2021 (promote the
survey)
• January 5, 2022 (publicize the Backyard
Brief)
• January 10, 2022 (workshop promotion)
• February 1, 2022 (second workshop
promotion)
• February 1, 2022 (publicize Backyard
Brief)
• February 7, 2022 (second workshop)
• February 22, 2022 (survey deadline
approaching)
• March 7, 2022 (study session)
• March 9, 2022 (promote City Report)
• April 15, 2022 (Draft Housing Element)
• May 6, 2022 (Draft Housing Element)
• May 13, 2022 (City Council Meeting on
Draft Housing Element)
• August 15, 2022 (Revised Draft Housing
Element)
*Additionally, News Flash publicized summaries of City Council actions on the Housing Element.
Nextdoor:
• January 5, 2022 (publicize the Backyard
Brief)
• May 3, 2021 (publicize the Backyard
Brief)
• July 1, 2021 (publicize the Backyard
Brief)
• December 20, 2021
• January 10, 2022 (workshop promotion)
• February 1, 2022 (publicize Backyard
Brief)
• February 10, 2022 (second workshop)
• February 22, 2022
• April 15, 2022 (Draft Housing Element)
• May 3, 2022 (publicize Backyard Brief)
• May 6, 2022 (Draft Housing Element)
• May 13, 2022 (City Council Meeting on
Draft Housing Element)
Facebook:
• December 21, 2021 (survey promotion)
• January 5, 2022 (survey promotion)
• January 11, 2022 (workshop promotion)
• January 18, 2022 (workshop promotion)
• January 20, 2022 (survey promotion,
workshop recording, second workshop
promotion)
• February 7, 2022 (survey and second
workshop promotion)
• February 16, 2022 (survey and second
workshop promotion)
• February 17, 2022 (second workshop)
• February 18, 2022 (survey and second
workshop promotion)
• February 22, 2022 (survey deadline
approaching)
• March 7, 2022 (study session)
• April 15, 2022 (Draft Housing Element)
• April 21, 2022 (Planning Commission
Meeting on Draft Housing Element)
• May 6, 2022 (Draft Housing Element)
• August 16, 2022 (Revised Draft Housing
Element)
Instagram:
• February 16, 2022 (survey and second workshop promotion) • February 22, 2022 (survey deadline approaching)
• April 15, 2022 (Draft Housing Element) – Instagram Story • April 22, 2022 (Planning Commission Meeting on Draft Housing Element) – Instagram Story Twitter:
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Appendix F: Community Engagement Summary F-18
Draft 2023-2031 Housing Element
• December 21, 2021 (survey promotion)
• January 5, 2022 (survey promotion)
• January 11, 2022 (workshop promotion)
• January 18, 2022 (workshop promotion)
• January 20, 2022 (survey promotion,
workshop recording, and second
workshop promotion)
• February 7, 2022 (survey and second
workshop promotion)
• February 16, 2022 (survey and second
workshop promotion)
• February 17, 2022 (second workshop
promotion)
• February 18, 2022 (survey and second
workshop promotion)
• February 22, 2022 (survey deadline
approaching)
• March 7, 2022 (study session)
• April 15, 2022 (Draft Housing Element)
• April 21, 2022 (Planning Commission
Meeting on Draft Housing Element)
• May 6, 2022 (Draft Housing Element)
• August 16, 2022 (Revised Draft Housing
Element)
YouTube:
• January 20, 2022 (workshop recording)
• February 18, 2022 (workshop recording)
TV30 Mayor’s Report:
• June 17, 2021 (RHNA and appeal)
• October 14, 2021 (RHNA)
• January 13, 2022 (RHNA, sites
inventory, survey)
• March 3, 2022 (RHNA, survey,
workshops)
State of the City Address:
• April 20, 2022
• April 20, 2022 – May 31, 2022 (Streaming on TV30)
Postcards:
• January 10, 2022 (survey and workshop promotion)
• February 8, 2022 (survey and second workshop promotion) Universal Email Notification List:
• January 10, 2022 (workshop)
• February 8, 2022 (survey and second
workshop)
• April 15, 2022 (Draft Housing Element)
• May 6, 2022 (Draft Housing Element)
• August 15, 2022 (Revised Draft Housing
Element)
• October 3, 2022 (Initial Study / Negative
Declaration)
• October 14, 2022 (Housing Element,
Associated General Plan and Specific
Plan Amendments, Rezoning, and Initial
Study / Negative Declaration)
Developer and Service Provider Email Notification List:
• February 8, 2022 (survey and second
workshop)
• April 15, 2022 (Draft Housing Element)
• May 6, 2022 (Draft Housing Element)
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Appendix F: Community Engagement Summary F-19
Draft 2023-2031 Housing Element
• April 15, 2022 (Draft Housing Element)
• May 6, 2022 (Draft Housing Element)
• August 15, 2022 (Revised Draft Housing
Element)
• October 3, 2022 (Initial Study / Negative
Declaration)
• October 14, 2022 (Housing Element,
Associated General Plan and Specific
Plan Amendments, Rezoning, and Initial
Study / Negative Declaration)
Newspaper:
• April 16, 2022
• May 6, 2022
• October 15, 2022
Permit Counter:
• April 15, 2022 (Draft Housing Element)
• October 3, 2022 (Initial Study / Negative Declaration) Public Posting (Library, Senior Center, Shannon Center, Civic Center Kiosk):
• January 10, 2022 (survey and second
workshop)
• February 8, 2022 (survey and second
workshop)
• April 15, 2022 (Draft Housing Element)
• May 6, 2022 (Draft Housing Element)
• October 14, 2022 (Housing Element,
Associated General Plan and Specific
Plan Amendments, Rezoning, and Initial
Study / Negative Declaration)
Planning Commission Meetings:
• March 8, 2022 (Study Session)
• April 26, 2022 (Draft Housing Element)
• October 25, 2022 (Housing Element, Associated General Plan and Specific Plan Amendments, Rezoning, and Initial Study / Negative Declaration)
City Council Meetings:
• February 18, 2020 (Informational
Report)
• October 6, 2020 (Check-In)
• June 15, 2021 (RHNA Appeal)
• November 2, 2021 (Study Session)
• March 15, 2022 (Check-In)
May 17, 2022 (Draft Housing Element)
November 15, 2022 (Housing Element,
Associated General Plan and Specific Plan
Amendments, Rezoning, and Initial Study /
Negative Declaration)
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Appendix F: Community Engagement Summary F-20
Draft 2023-2031 Housing Element
o
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Appendix F: Community Engagement Summary F-21
Draft 2023-2031 Housing Element
650
Appendix F: Community Engagement Summary F-22
Draft 2023-2031 Housing Element
651
Appendix F: Community Engagement Summary F-23
Draft 2023-2031 Housing Element
F. 13 Candidate Sites Meetings
Prior to the start of the Housing Element Update and throughout the update process, the City organized one-on-one meetings and outreach events to discuss housing development on parcels now identified as candidate housing sitesin Appendix D. The following lists the outreach the was conducted:
Alameda County Surplus Property:
• February 8, 2022 – City Staff met with Stuart Cook of the Alameda County Surplus Property Authority.
• July 27, 2022 – City Staff met with Eileen Dalton of the Alameda County Surplus Property Authority.
• August 18, 2022 – City Staff met with Eileen Dalton of the Alameda County Surplus Property Authority.
Hacienda Crossing:
• February 10, 2022 – City Staff met with Mariah Michaud (partial owner of the Hacienda Crossings shopping center).
SCS Property:
• May 19, 2021 – City held a Community Advisory Committee meeting to understand community focus areas followed by brainstorming ideas for the site. • May 25, 2021 – Consultant team provided the Planning Commission with a presentation on the project background.
• June 1, 2021 – Consultant team presented the City Council with project background information, market research, and a summary of initial stakeholder outreach. • June 29, 2021 – Urban Land Institute conducted a Technical Advisory Panel of independent industry professionals to assess the SCS Property and advise on the planning and community outreach.
• August 25, 2021 – City hosted a virtual community meeting to provide background research on the project and facilitate an interactive brainstorming session. An online feedback form was made available for extended feedback opportunities.
• October 10, 2021 – City hosted a second virtual community meeting to discuss three plan options regarding the layout of streets, parks, plazas, and land-uses. • October 26, 2021 – Consultant team presented the Planning Commission with vision options. • January 12, 2022 – City hosted a third virtual community meeting to discuss the vision options and gather feedback.
• January 25, 2022 – Consultant team presented the Planning Commission with the final SCS Property Preferred Plan and outcomes from community engagement efforts. • February 15, 2022 – Consultant team presented the City Council with the public outreach efforts and the response to the Preferred Plan. That evening, the City Council approved the SCS Property Preferred Plan.
• Important Outcomes: The outreach conducted led to the identification of the parcel on which affordable housing units would be located. This parcel is identified in Appendix D as a candidate housing site.
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Appendix F: Community Engagement Summary F-24
Draft 2023-2031 Housing Element
F. 14 Special Needs Population Outreach
The following provides a list of the organizations the City outreached to throughout the 2023-2031 Housing Element Update process regarding workshops, public meetings, and engagement opportunities.
These include organizations that directly work with and represent the best interest of special needs populations in Dublin, as well as various housing developers and agencies. This section also includes public meeting comments from the City’s Human Services Commission. • Affordable Housing Associates
• Alameda Country Behavioral Health
Care Services
• Alameda County Housing & Community
Development
• Alameda Housing Authority
• Allied Housing/Abode Services
• Bonita House, Inc.
• California Affordable Housing Law
Project
• California Home Source
• California Housing Partnership
Corporation
• Community Economics, Inc.
• Community Resources for Independent
Living (CRIL) Main Office
• Community Resources for Independent
Living (CRIL) Tri-Valley Office
• East Bay Community Foundation
• East Bay Habitat for Humanity
• East Bay Housing Organizations (EBHO)
• ECHO Housing-Livermore Office
• Envirocom Communications Strategies,
LLC
• EveryOne Home
• Goldfarb & Lipman LLP
• Green Building in Alameda County
• Housing Consortium of the East Bay
• Klein Financial Corporation
• Land is Development, LLC
• Lawrence Livermore National
Laboratory
• Local Initiatives Support Corporation
(LISC), Bay Area
• Merritt Community Capital Corporation
• Mid-Peninsula Housing Coalition
• Non-Profit Housing Association of
Northern California (NPH)
• Northern California Community Loan
Fund
• Rental Housing Association
• Resources for Community Development
• Satellite Housing, Inc.
• Senior Support Services
• The John Stewart Company
• Tri-City Homeless Coalition
• Tri-Valley Haven
• Tri-Valley Interfaith Poverty Forum
• Alameda County Surplus Property
Authority
• Anderson Second Family LP
• Alameda County
• Apolstolic Church of Fremont
• Avalon Bay Communities
• Bay Area Rapid Transit District
• Braddock & Logan Services, Inc.
• Brookfield Homes
• Charter Properties
• City Ventures
• Collier Canyon Properties
• Discovery Homes
• Dublin Land Company
• EBJ Partners LP
• Eden Housing, Inc.
• Emerald Valley Land
• Jordan Charitable Trust/Varni, Fraiser,
Hartwell & Rodgers
• Kaiser Foundation Hospitals
• KB Home Northern California/Bay Area
• Kingsmill Group
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Appendix F: Community Engagement Summary F-25
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• MacKay & Somps
• MidPen Housing Corp.
• Pacific Union Holdings, Inc.
• Regent Properties
• Righetti Partners
• ROEM Development Corporation
• SCS Development Company
• Signature Properties
• Standard Pacific Homes
• Summerhill Homes
• Sun Cal Companies
• Sun Valley Land Development
• The DeSilva Group
• Toll Brothers
• Valley Christian Center
• Valley Oak Partners, LLC
• Westgate Ventures
• Northern CA Carpenters Regional
Council
• Weinberg, Roger & Rosenfeld
• Dublin Unified School District
• CalTrans District 4, Coord. & Project
Development
• Dublin San Ramon Services District
• Adams Broadwell Joseph & Cardozo
• Human Services Commission
• Brookfield Properties Development
• TRI Pointe Homes
• Benchmark Home Construction, Inc.
• DeNova Homes, Inc.
• KB Home Northern California
• KB Homes
• The Hanover Company
• DeSilva Gates
• Eden Housing
• Southern Land Company
• Community Housing Developers, Inc.
(CHD)
• Arcadia Development Co.
• Lenox Homes
• Mark Sweeney
• Smith Quality Homes, Inc.
• Wong-Young Development Corporation
• O'Brien Homes
• Davidon Homes
• Hello Housing
• Bay Vista Development
• Mercy Housing
• Shea Homes
• Essex Property Trust
• Desilva Group
• Tim Lewis Communities
• Guy Houston
• BRIDGE Housing
• Crinnion Construction, Inc.
• Richmond American Homes
• CHISPA/CCRB
• Mike Knuppe
• Signature Homes, Inc.
• Mike Carey
• Meritage Homes of California, Inc.
• Trumark Homes
• Lennar Homes
• Simon Properties
• Blackhawk Services
• The Grupe Company
• Pulte Homes
• Habitat for Humanity EBSV
• Meritage Housing
• Greenbriar Land Company
• Signature Development Group
• Bella Vista Land Advisors
• Ponderosa Homes
• Taylor Morrison
• BrotmanCommercial Real Estate
Services, Inc.
• Regis Homes Bay Area, LLC
• Swift Real Estate
• Pacific West Communities
• PulteGroup
• Hawk Development
• Haven Development
• Maxon Construction
• KGIP
• D.R. Horton
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• PCJ Real Estate Advisors, LLC
• Signature Homes
• Landsea Homes
• DR Horton
• Brookfield Residential
• Century Communities
• DRG Builders, Inc.
• Legacy Partners
• Anton DevCo
• Dahlin Architecture
• Warmington Residential California
• ECHO Housing
• Hacienda Owners Association
• Ryder Homes
• Hively
• Alameda County ALL IN
• Alameda County Housing and
Community Development
• Muslim Community Center
• Keystone Adult Learning Center
• Goodness Village
• VFW
• Bay Area Community Services (BACS)
• Shepherd's Gate (Livermore)
• Viet Nam Veterans of Diablo Valley
• PUSD
• Contra Costa Interfaith Housing
• Greenbelt Alliance
• East Bay Asian Local Development
Corporation
• Narika
• Pleasanton Military Families
• Tri-Valley Anti-Poverty Collaborative
• CRIL
• East Bay Housing Organization
• East Bay innovations
• Kaleidoscope Community Adult
Program, Easterseals
• Chabot/Las Positas Community College
District
• Housing Authority of County of
Alameda (HACA)
• Neighborhood Solutions
• Sunflower Hill
• Tri-Valley REACH
• RCEB, Regional Center of the East Bay
• Spectrum Community Services, aka
Meals on Wheels
• Open Heart Kitchen
• Alameda County Behavioral Healthcare
Services
• Alameda County Social Services
• East Bay Rental Housing Association
• Abode
• City Serve of the Tri-Valley
• Senior Support Program of the TriValley
• Brookfield Properties Development
• BIA|Bay Area
• Bay West Development
The City also received the following comment during public Planning Commission and City Council meetings regarding the 2023-2031 Housing Element:
• Planning Commission Meeting (April 26, 2022) - Persons with disabilities will benefit greatly from assisted living projects. It is very important that people with disabilities have access to safe housing that have services available. In the Dublin community of persons with disabilities, many residents have problems affording disability services. These services sometimes cost too much, especially for disabled individuals with many medical needs. Assisted living projects can help these residents afford the care that they need. Some disabled residents would like to see more assisted living projects with services rather than new housing projects that do not accommodate services for persons with disabilities.
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Draft 2023-2031 Housing Element
As part of the Environmental Justice (EJ) Element’s outreach, the Cityoutreached to the following agencies to conduct stakeholder interviews to identify potential EJ issues and opportunities:
• Abode HOPE Mobile Health Clinic
• BACS Valley Wellness
• East Bay Innovations
• Human Services Commission
• Open Heart Kitchen
• Senior Support Program of the Tri-Valley
• Shepherd’s Gate
Representatives from East Bay Innovations, the City’s Human Services Commission, and Open Heart Kitchen participated. East Bay Innovations is an organization that strives to support people with disabilities to live independently and secure stable employment. The City’s Human Services Commissions is dedicated to outreach, education, and collaboration to address the community’s human service needs as represented in the adopted needs assessment. Open Heart Kitchen is an organization focused on equitable access to nutritious food for all today, while building food security tomorrow.
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F. 15 Public Review Draft Comments
The following provides comments received on the Public Review Housing Element Draft. 657
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Public Review Draft Housing Element Feedback Form
On April 15, 2022, the City released the Public Review Draft of the 2023-2031 Housing Element for a 30- day public review. A feedback form was made available with the document to collect responses from the public. Listed below are the comments received; four feedback forms were submitted from the public.
1. What is you association to the City of Dublin?
2. Please submit comments on Chapter 1 – Introduction.
a. We understand housing needs but please work with the school district as one team to assure that schools are sufficient enough to accommodate more school aged residents to maintain and improve quality of education. And assure that every single high school student can graduate with the proper credits, etc. by preventing even more overcrowding.
b. Table 1-2 change heading from RHNA to Minimum Housing Units Required by RHNA.
c. Need to acknowledge “Individuals and families are directly affected by each jurisdiction’s ability to plan for the housing needs of those who will live, work, and play in every community.” as per https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml. Table 1-2 heading should read Minimum Housing Units Required by RHNA rather than just RHNA. Page 1-10, First Line, after "opportunities", add "the look and character of the city," d. Very minute, but it could be informative to mention the AMI ranges in dollars for each income category for the RHNA targets in Table 1-2. Overall, I found this chapter to be wonderfully written, easy to understand, and very informative for a broader audience. I especially appreciated Table 1-1, the clear-cut identification of Dublin's planned RHNA compliance is a recipe for smooth approval with CA HCD. 80%
20%
Resident Business Owner Property Owner Stakeholder Other 658
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3. Please submit comments on Chapter 2 - Housing Plan.
a. Same comments as above. We support housing needs but it needs to be done responsibly. Increase in housing equals increase capacity and resources for all schools.
It’s not acceptable to say that the City Council and the School District are separate entities. This is ONE DUBLIN and supporting the schools as much you support developers is imperative.
b. See below:
▪ Add Policy B.6 - Enforce the number of inclusionary affordable for-sale units in the City's Municipal Code.
▪ Policy C.2 should be eliminated. It establishes the concept of replacement without any guidelines, therefore allowing multiple units to replace a single home. In addition, it is not necessary to accomplish City goals. Same vagueness regarding the word "enhancement."
▪ Add Policy D.4 - Increase the RATE of affordable for-sale units in all future residential developments.
▪ Page 2-10, second bullet point on the page, add the word "for-sale" after the word "affordable."
▪ Page 2-10, third bullet point under the heading Objectives, add "for-sale" after the word "affordable."
▪ Page 2-12, third bullet point, the concept of "deed-restricted" is undefined as well as impractical. Would the homeowner be REQUIRED to rent the ADU out? if so, how much? What if the property changes hands?
▪ Program B.8 eliminate. The City is required to allow ADU's. That's fine. The City is not obligated to have a minimum quantity of ADU's built. Rezoning to accommodate ADU's is unnecessary and irresponsible.
▪ Program B.9 eliminate. The statements in this section are false. The State law does NOT require non-vacant properties to be rezoned to accommodate 30 units per acre. That is just one choice that is given to a jurisdiction. It is my understanding that the current zoning in Dublin already allows for all of the RHNA housing assignments for the next RHNA cycle. Therefore no rezoning is necessary.
▪ Page 2-16, third bullet point. The rezoning of the 2.5 acres is fine. However, the SCS Property developer has said that they will accommodate on-site inclusionary for-sale units. If the 100 unit parcel is IN ADDITION to the on-site units then fine; but if it is a land dedication to get out of building the inclusionary units that they indicated they would build, then that is not okay. ▪ Page 2-16 delete the paragraph that begins with "The City will continue to use Specific Plans and appropriate zoning to ensure...". The City of Dublin does not need to rezone anything to accommodate the upcoming RHNA requirements c. Same as above
d. Another comment on minutiae – I would appreciate it if there were more differentiation in the reference number for the policies and programs. This could ideally be done by 659
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starting the reference letters/numbers for Goals and Policies with 2.1.x and starting the reference letters/numbers for Programs with 2.2.x, thus using the following format:
chapter #.section #. Subsection letter/#.
4. Please submit comments on Appendix A - Review of Past Performance. a. No comment
b. No comment
c. Absolutely DISMAL previous cycles! I am ashamed of our City's complete disdain for the residents of Dublin and the workers who cannot even come close to being able to live here. Your List of Accomplishments is a collection of meetings attended, workshops facilitated, brochures printed and self-congragulatory rhetoric that drones on and on about how great you are, but in the final analysis it all means YOU DID ALMOST NOTHING to benefit your residents. Shame on you!! And shame on us for believing our elected officials when we read your voter pamphlet statements that you supported affordable housing.
Housing Element Goals Progress Report
RHNA Accomplishments*
Housing Units to be Constructed Goal RINA Building Permits Issued Very Low Income (0-50% AMI) 400 1,092 189
Low Income (51-80% AMI) 661 85 0
Moderate Income (81-120% AMI) 410 653 44
Upper Income (>120% AMI) 800 924 2,326
Total 1,610 3,330 2,644
Housing Rehabilitation
Very Low Income (0-50% AMI) 20 17
Low Income (51-80% AMI) 25 12
Total 45 36
Source: City of Dublin, 2014.
Note: * New construction units based on building permits issued.
Table A-1: 5th Planning Cycle Quantified Accomplishments You don't even list a goal this past cycle. Building such a huge amount of Market Rate housing and such a pathetic showing of the other categories is NOT an accomplishment, it is shameful!
Housing Assistance Type RHNA Accomplishments
Very Low-Income 796 26
Low-Income 446 39
Moderate-Income 425 79
Above Moderate-Income 618 4,878
TOTAL 2,285 5,022
d. No critiques for Appendix A. Presenting a summary table of quantifiable past performance was a very transparent and informative method of disseminating such info. 660
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5. Please submit comments on Appendix B - Community Profile. a. No comment
b. No comment
c. No comment
d. I would appreciate it if there were a citation for the city’s definition of “overcrowding” prior to their analysis of the phenomenon in Dublin. This could provide some clarity as well as ethos to what’s being measured, namely cause I have seen some minor variation / discussion on how to properly measure overcrowding (see:
https://www.huduser.gov/publications/pdf/measuring_overcrowding_in_hsg.pdf). I Particularly appreciated the attention to student housing needs, among other segments of the community profile section.
6. Please submit comments on Appendix C - Housing Constraints, Resources, and AFFH. a. No comment
b. Table C-1 Re-calculate these numbers. These numbers are not credible. At $256 per square foot for vacant land in Dublin, this Draft table is claiming that on average, vacant land is (43560) ($256) $11M per acre. I did a search about 6-10 months ago on Zillow or Trulio and found that average to be about $0.5M per acres. The numbers in Table C-1 are ridiculous and misleading. Please correct this or eliminate it. c. Same as above
d. On the “Access to Transit” section of Appendix C, I feel like it’s worth prefacing the availability of transit options and the transit frequency. Without such context, the AllTransit Statistics on Dublin seem potentially misleading to those not familiar with our transportation. Other than that, this Appendix seems very thorough and objective.
7. Please submit comments on Appendix D - Adequate Sites Analysis. a. No comment
b. No comment
c. No comment
d. If possible, I would like to see some explanation of the city’s financial capacity to fulfill the proposed RHNA targets for very-low-income and low-income sites, particularly for the SCS Property since it’ll be the first of the 3 primary sites for meeting the targets.
Other than that, I think that the adequate sites identified to meet the low-income RHNA targets are very feasible to build. I will add though, that I do find a bit of concern with the specific parcel for the Hacienda Crossings Rezoning being placed at the North-East corner of the property. While I can understand the potential revenue that parcel could bring to the shops at Hacienda Crossings, I think that it’s not the most hospitable site for maximizing transit accessibility for potential future residents, which is particularly imperative for very low-income households that may not otherwise have an option to buy a car. From the Bed, Bath and Beyond entrance, for example, it’s a 20-minute walk to the Dublin/Pleasanton BART Station. I would reckon that the South West Corner of Hacienda Crossings would vastly improve transit access, especially considering the future Iron Horse Trail Connector being completed at IKEA Place. 661
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8. Please submit comments on the Appendix E - Housing Plan Programs Summary. a. No comment
b. No comment
c. No comment
d. No comment
9. Please submit comments on the Appendix F - Community Engagement Summary. a. No comment
b. I already wrote to the city about the graphs for Community Assistance and Fair Housing.
Please remove line segments between the data points. They don't belong on these graphs and they make the City look inept. Vision for the Future - comments from the community. There were some comments that seemed pro-housing and some were against more housing. There were at least 70% more comments against more housing than for more housing. I REALIZE THAT WE HAVE TO BUILD MORE HOUSING, but the community is tired of it. The City needs build what is required and then give it a rest.
The city of Dublin is not shirking its housing responsibility; it has done far more than it's fair share of building.
c. Vision for the Future - comments from the community. It appears that many respondents expressed concerns about housing. There were some comments that seemed pro-housing and some were against more housing. The community does not see a cohesive vision of the future coming from the City. It is almost as if the goal of the City is to avoid taking the time and interest in protecting the residents and looking to their future well being, such as the failure of the City to require relevant E!Rs for all projects and the recent (2015) appearance of Mello-Roos for infrastructure. All projects and modifications should be geared toward the long-term best outcome for the people of Dublin and the ecosystem which we all call home. Instead, there appears to be a push to find a way AROUND the challenges we face as a community and just check a box, almost as if the future well-being of our community is not a primary concern. d. No comment
10. Please submit comments on the Appendix G - Glossary of Terms. a. No comment
b. Please add the following acronyms to the glossary that are used in this Housing Element.
DMC - Dublin Municipal Code
RHNA - Regional Housing Needs Allocation
I know that you already list "Regional Housing Needs Allocation" but RHNA is used throughout.
c. Same as above
d. No comment
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11. Please submit here any additional comments you have regarding the Dublin 2023-2031 Housing Element.
a. Dublin has done more than its share to help with housing shortage. Please do what you can to balance mew housing with providing adequate school space and resources for current and future students. Thank you.
b. I believe that some of the requirements stated in the Draft Housing Element which are claimed to be mandated from the State are not accurate. Some of the so-called "requirements" are solutions that the City wants to implement in order to build as much as they can - in spite of what residents want. The entire Draft Housing Element is geared toward more development than is necessary. In addition, the RHNA numbers from HCD are being legally challenged as well as challenged internally by another State agency. There is no reason to rezone anything in Dublin due to RHNA requirements.
The zoning to accommodate RHNA is already in place. REVISE AND RESUBMIT. c. I found this draft document to be a study of "the language of the politics". Words that sound good, but are not really what will happen. It is not a vision, it is an excuse for why, as a City, we check the boxes and give away the farm to developers who find Dublin the soft target of the valley. I find it tragic that we have to say we should be building affordable housing to buy and get told that the reason it wasn't included was that the low income buyers would be uncomfortable living in a residential development. You can have a 1000 pages of tables talking about diversity, but you have no heart for those who are less well off.
d. While this to a certain extent goes outside of the scope of the Housing Element itself, I would appreciate it if there were strategies in place to minimize parking as much as possible and expand bike, car, and scooter share services around high-density units planned for this Housing Element Cycle. Particularly pertinent for both CAP 2.0 goals as well as minimizing traffic impacts with these proposed developments, reducing parking and expanding other micro-mobility modes could be a key to making these communities as feasibly car-free as possible. In doing so, it'd benefit the community at large as well as incentivize future proximate commercial development that reinforces the car-free lifestyle of residents within these proposed developments. 663
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F.16 Summary of Public Comments
The following provides a summary of all public comments received and associated policy programs.
Table F-1: Summary of Public Comments
Summary of Public Comments Policy Programs
The City needs more affordable units.
A number of policies and programs are included within the Housing Plan aimed at promoting and facilitating the development of affordable housing in the City.
Stop building housing in the City. Comment has been noted.
Low- and middle-income units needed.
A number of policies and programs are included within the Housing Plan aimed at promoting and facilitating the development of housing affordable to low- and middle-income households.
Affordable housing needs to be located
near community resources, schools, and
infrastructure.
As part of the adequate sites analysis, the City has identified sites for future housing growth that is located near community resources. Infrastructure has been assessed as part of this analysis.
Build single-family homes, not apartment
buildings.
As part of the Zoning Ordinance, the City facilitates and promotes the development of a variety of housing types so as to address the housing needs of all segments of the community.
Add senior housing options.
Programs are included within the Housing Plan aimed at
promoting and facilitating the development of a variety of housing types – including senior housing.
Stop sprawl and building up with mixeduse.
Program B.1 is included in the Housing Plan to facilitate and incentivize the development of mixed-use projects and place housing units near community resources and public transportation options.
Create transit-oriented developments for
all income levels.
A number of programs are included within the Housing Plan aimed at promoting and facilitating the development of housing units affordable for a range of incomes near public transportation.
City needs to focus on improving
infrastructure.
As part of the adequate sites analysis, the City has evaluated access to infrastructure and identified appropriate sites.
Don’t neglect parks, open space, and
traffic in new developments.
The City continues to implement its development standards for residential projects, as well as work with housing developers on proposed projects to provide affordable units while maintaining necessary resources and accessing potential impacts on traffic and surrounding neighborhoods.
Keep the small-town feel of Dublin. Comment has been noted.
Create affordable, multigenerational, and
senior housing on the eastern side of the
City.
Programs are included in the Housing Plan to provide for the development of senior housing, as well as promote
multigenerational and affordable units. Units have been identified as part of the adequate sites analysis on the City’s eastern side.
Coordinate with schools on ensuring there
is room for future students as housing
growth continues.
The City continues to assess and review community resources, and as part of the Housing Plan will continue to outreach to the community to identify potential future needs.
Persons with disabilities will benefit
greatly from assisted living projects.
The City has included the following programs in the Housing Plan to provide for the development of units for persons with disabilities: Programs B.2, B.17, D.6, E.1, E.3, and E.5.
Comment received by HCD:
Revise the PD Ordinance so that it no
longer requires a two-stage legislative
As outlined in Appendix C, a Planned Development Stage 1 and Stage 2 Development Plan may be adopted concurrently or separately, which is the decision of the developer.
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Table F-1: Summary of Public Comments
Summary of Public Comments Policy Programs
process. All “legislative” zoning issues
should be addressed in the initial zoning
approval. All subsequent approvals should
be non-legislative in nature.
Comment received by HCD:
Commit to facilitating and approving all
housing projects that currently have a
Stage 1 PD zoning without requiring a
Stage 2 PD approval.
The HAA, the Housing Crisis Act of 2019 (Senate Bill 330), and various other state laws prevent or restrict the ability to deny projects that are consistent with applicable, objective standards in effect at a time when the application is deemed complete. The City maintains the opinion that housing developments with an adopted PD Stage 1 Development Plan qualify under the HAA. The City has the practice of approving housing developments with only a Stage 1 Development Plan approval, as evidenced by the East Ranch project approval in May 2022. The City has had collaborative conversations with other property owners with only a PD Stage 1 Development Plan and Staff is currently working with one where the applicant is asserting their rights under the HAA for a project approval with only a PD Stage 1 Development Plan.
Comment received by South Bay YIMBY:
End apartment bans in high opportunity
areas.
The City continues to ensure that all residents have access to highquality resources and opportunities. The City will continue to work with developers to identify opportunities throughout the City. The City takes actions as detailed in Program E.1 to improve affordable housing opportunities.
Comment received by South Bay YIMBY:
Accommodate 7,970 low-income homes
in the site inventory.
As detailed in Appendix D, the City’s adequate sites inventory and RHNA accommodates 1,710 extremely low-, very low-, and lowincome homes. The City is required to accommodate the RHNA allocation. The City will continue to work with developers to create affordable units.
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Appendix F: Community Engagement Summary F-23
Draft 2023-2031 Housing Element
E.14 Summary of Public Comments
The following provides a summary of all public comments received and associated policy programs.
Table F-1: Summary of Public Comments
Summary of Public Comments Policy Programs
The City needs more affordable units.
A number of policies and programs are included within the Housing Plan aimed at promoting and facilitating the development of affordable housing in the City.
Stop building housing in the City. Comment has been noted.
Low and middle income units needed.
A number of policies and programs are included within the Housing Plan aimed at promoting and facilitating the development of housing affordable to low- and middle-income households.
Affordable housing needs to be located
near community resources, schools, and
infrastructure.
As part of the adequate sites analysis, the City has identified sites for future housing growth that is located near community resources. Infrastructure has been assessed as part of this analysis.
Build single-family homes, not apartment
buildings.
As part of it’s Zoning Code, the City facilitates and promotes the development of a variety of housing types so as to address the housing needs of all segments of the community.
Add senior housing options.
Programs are included within the Housing Plan aimed at
promoting and facilitating the development of a variety of housing types – including senior housing.
Stop sprawl and building up with mixeduse.
Program B.1 is included in the Housing Plan to facilitate and incentivize the development of mixed-use projects so as to place housing units near community resources and public transportation options.
Create transit oriented developments for
all income levels.
A number of programs are included within the Housing Plan aimed at promoting and facilitating the development of housing units affordable for a range of incomes near public transportation.
City needs to focus on improving
infrastructure.
As part of the adequate sites analysis, the City has evaluated access to infrastructure and identified appropriate sites.
Don’t neglect parks, open space, and
traffic in new developments.
The City continues to implement its development standards for residential projects, as well as work with housing developers on proposed projects to provide affordable units while maintaining necessary resources and accessing potential impacts on traffic and surrounding neighborhoods.
Keep the small-town feel of Dublin. Comment has been noted.
Create affordable, multigenerational, and
senior housing on the eastern side of the
City.
Programs are included in the Housing Plan to provide for the development of senior housing, as well as promote
multigenerational and affordable units. Units have been identified as part of the adequate sites analysis on the City’s eastern side.
Coordinate with schools on ensuring there
is room for future students as housing
growth continues.
The City continues to access assess and review community resources, and as part of the Housing Plan will continue to outreach to the community to identify potential future needs. 666
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Appendix G: Glossary of Terms G-1
Draft 2023-2031 Housing Element
APPENDIX G:
GLOSSARY OF HOUSING TERMS
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Appendix G: Glossary of Terms G-2
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Glossary of Housing Terms
Above Moderate-Income Household. A household with an annual income usually greater than 120percent of the area median income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available legibility limits established by the U.S. Department of housing and Urban Development (HUD) for the Section 8 housing program.
Accessory Dwelling Unit(ADU). An ADU is a residential unit that provides independent living facilities for one or more persons and includes separate kitchen, sleeping, and bathroom facilities. An ADU may be a part of, attached to, or detached from a single-family, two-family, or multifamily residence and is subordinate to the principal residence. An ADU also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
Agricultural Housing. Dwellings and/or living quarters for farm laborers, or other types of dwellings determined to be substantially similar to the above by the Director of Community Development.
Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. AFFH means "taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
Apartment. An apartment is a multifamily building of three or more individual residential units that is under single ownership. An apartment may have one or more rooms in an apartment house or dwelling occupied, intended, or designated for occupancy by one family for sleeping or living purposes and containing one kitchen.
Area Median Income (AMI). The midpoint of a geographic area’s income distribution, to account for regional differences in cost of living.
Assisted Housing. Generally multi-family rental housing, but sometimes single-family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local housing programs including, but not limited to Federal Section 8 (new construction, substantial rehabilitation, and loan management set-asides), Federal Sections 213, 236, and 202, Federal Sections 221 (d) (3) (below-market interest rate program), Federal Sections 101 (rent supplement assistance), CDBG, FmHA Sections 515, multi-family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs.
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Below-Market-Rate (BMR). Any housing unit specifically priced to be sold or rented to low- or moderateincome households for an amount less than the fair-market value of the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as “low income” or “moderate income.” The financing of housing at less than prevailing interest rates.
Boarding House. Ahousing unit used for residential purposes, other than a hotel, where lodging and meals are provided for compensation for five or more non-transient persons, who are not living as a single housekeeping unit. All residents are be counted when determining the number of persons lodging in a boarding house, including managers, landlords, or building superintendents. A Boarding House is considered to be a Multifamily Dwelling.
Build-Out. That level of urban development characterized by full occupancy of all developable sites in accordance with the General Plan; the maximum level of development envisioned by the General Plan.
Build-out does not assume that each parcel is developed to include all floor area or housing units possible under zoning regulations.
Caretaker Residence. Permanent or temporary housing that is secondary or accessory to the primary use of the property. Such dwellings are used for housing a caretaker employed full-time on the site of a nonresidential use where a caretaker is needed for security purposes or to provide 24-hour care or monitoring of facilities, equipment, or other conditions on the site.
Community Care Facility. A 24-hour residential facility providing care for persons, including: the elderly, persons in an alcoholism or drug abuse recovery or treatment facility, persons in a facility for mentally disordered, handicapped persons or dependent and neglected children, persons in an intermediate care facility/developmentally disabled-habilitative, intermediate care facility/developmentally disablednursing, and congregate living health facilities. A Community Care Facility may be located in any type of residence.
Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitled communities and administered by the State Department of Housing and Community Development (HCD) for non-entitled jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development.
Condominium. A multi-family building where the units are individually owned, and the common space is owned collectively by condominium unit owners. A condominium structure may have two or more units.
Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.
Deed. A legal document which affects the transfer of ownership of real estate from the seller to the buyer. 670
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Density Bonus. The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location.
Density, Residential. The number of permanent residential dwelling units per acre of land. Densities specified in the General Plan may be expressed in units per gross acre or per net developable acre.
Developable Land. Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas.
Discretionary Action. An action or approval which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a project.
Down Payment. Money paid by a buyer from his own funds, as opposed to that portion of the purchase price which is financed.
Duplex. A building on a single lot containing two dwelling units each of which is totally separated from the other by a shared wall that extends from the foundation to the roof.
Dwelling Unit (DU). One or more habitable rooms that are designed and/or used as independent living quarters for one family, with facilities for living, eating and sleeping, with no more than one kitchen facility consisting of one or more of the following: sink, cooking facility or refrigerator (except that two kitchens are allowed where the habitable floor area of the dwelling is 8,000 square feet or larger), and at least one bathroom, and where all such habitable areas have access to each other from within the building. Any detached structure or portion of a dwelling which has a separate entry and is separate from that dwelling, containing a full bathroom including a water closet, basin, and shower or bathtub or containing a half bathroom including a water closet and basin, the area of which half bathroom exceeds 20 square feet, shall also be considered a dwelling or dwelling unit.
Elderly Housing. Typically, one- and two-bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them.
Emergency Shelter. A facility that provides temporary, short-term housing, with minimal supportive services, for individuals or families experiencing homelessness, provided that no facility is used as temporary, short-term housing by any individual or family for more than 30 consecutive days.
Supplemental services may include food, counseling, and access to other social programs. No individual or household may be denied emergency shelter because of an inability to pay.
Extremely Low-Income Household. A household with an annual income that is less than 30 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
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Fair Market Rent. The rent, including utility allowances, determined by the United States Department of Housing and Urban Development for purposed of administering the Section 8 Program.
Family. The term “Family” is defined by the Dublin Municipal Code as one or more persons occupying a dwelling and living as a single, non-profit housekeeping unit, including any servants. This is distinguished from a group occupying a boarding house, community care facility, supportive or transitional housing when configured as group housing, hotel or motel, club, fraternity or sorority house. The U.S. Bureau of the Census defines “Family” as two or more persons related by birth, marriage, or adoption. The California Governor’s Office of Planning and Research-General Plan Guidelines defines “Family” as an Individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.
General Plan. A comprehensive, long-term plan mandated by State Planning Law for the physical development of a city or county and any land outside its boundaries which, in its judgment, bears relation to its planning. The plan shall consist of seven required elements: land use, circulation, open space, conservation, housing, safety, and noise. The plan must include a statement of development policies and a diagram or diagrams illustrating the policies.
Goal. A general, overall, and ultimate purpose, aim, or end toward which the City will direct effort.
Green Building. Green or sustainable building is the practice of creating healthier and more resourceefficient models of construction, renovation, operation, maintenance, and demolition. (U.S.
Environmental Protection Agency)
Historic Preservation. The preservation of historically significant structures and neighborhoods until such time as, and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition.
Historic Property. A historic property is a structure or site that has significant historic, architectural, or cultural value.
Household. All those persons—related or unrelated—who occupy a single housing unit. (See “Family.”) Housing and Community Development Department (HCD). The State agency that has principal responsibility for assessing, planning for, and assisting communities to meet the needs of low- and moderate-income households.
Housing Element. One of the seven State-mandated elements of a local general plan, it assesses the existing and projected housing needs of all economic segments of the community, identifies potential sites adequate to provide the amount and kind of housing needed, and contains adopted goals, policies, and implementation programs for the preservation, improvement, and development of housing. Under State law, Housing Elements must be updated every five years.
Housing Payment. For ownership housing, this is defined as the mortgage payment, property taxes, insurance, and utilities. For rental housing this is defined as rent and utilities. 672
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Housing Ratio. The ratio of the monthly housing payment to total gross monthly income; also called Payment-to-Income Ratio or Front-End Ratio.
Housing Unit. The place of permanent or customary abode of a person or family. A housing unit may be a single-family dwelling, a multi-family dwelling, a condominium, a modular home, a mobile home, a cooperative, or any other residential unit considered real property under State law.
Housing and Urban Development, U.S. Department of (HUD). A cabinet-level department of the federal government that administers housing and community development programs.
Implementing Policies. The City’s statements of its commitments to consistent actions.
Implementation. Actions, procedures, programs, or techniques that carry out policies.
Infill Development. The development of new housing or other buildings on scattered vacant lots in a builtup area or on new building parcels created by permitted lot splits.
Jobs-Housing Balance. A ratio used to describe the adequacy of the housing supply within a defined area to meet the needs of persons working within the same area. The General Plan uses SCAG’s definition which is a job total equal to 1.2 times the number of housing units within the area under consideration.
Junior Accessory Dwelling Unit (JADU). Aunit that is no more than 500 square feet in size that is contained entirely within the walls of a single-family residence, including attached garages, and that has a separate entrance. At a minimum, a Junior Accessory Dwelling Unit shall include an efficiency kitchen with a food preparation counter, cooking facility with appliances and storage cabinets, and may include separate sanitation facilities or may share sanitation facilities within the existing single-family residence.
Land Use Classification. A system for classifying and designating the appropriate use of properties.
Live-Work Units. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Lot Coverage. The maximum lot area which may be covered with buildings and structures. Buildings and structures include all land covered by Principal Buildings, garages and carports, Accessory Structures, covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. All areas of coverage are computed in terms of net lot area at ground level.
Low-Income Household. A household with an annual income usually between 51 and 80 percent of the area median income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
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Low-Income Housing Tax Credits. Tax reductions provided by the federal and State governments for investors in housing for low-income households.
Manufactured Housing. Residential structures that are constructed entirely in the factory, and which since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban Development (HUD). (See “Mobile home” and “Modular Unit.”) Ministerial Action. A non-discretionary action or approval where the City merely has to determine whether a project conforms with applicable statutes, ordinances, or regulations.
Mixed-Use. Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A “single site” may include contiguous properties.
Mobile Home. A vehicle designed and equipped for human habitation, and for being drawn behind a vehicle. Such mobile home must either be constructed after September 15, 1971, and issued an insignia of approval by the California Department of Housing and Community Development and permanently located on a permanent foundation system, or be constructed after July 15, 1976, and issued an insignia of approval by the U.S. Department of Housing and Urban Development and permanently located on a permanent foundation system, or other type of housing determined to be substantially similar to the above by the City of Dublin Director of Community Development or designee.
Mobile Home/Manufactured Home Park. A development or subdivision of an existing parcel, or contiguous parcels, of land for the purpose of separate sale, lease, or financing to allow the installation of mobile homes or manufactured homes.
Moderate-Income Household. A household with an annual income usually between 81 and 120 percent of the area median income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Monthly Housing Expense. Total principal, interest, taxes, and insurance paid by the borrower on a monthly basis. Used with gross income to determine affordability.
Multi-Family Residence. A building or a portion of a building used and/or designed as residences for two or more families living independently of each other. This Includes: half-plex structures (a half-plex is a single residential unit that is half of a two-unit building where a property line separates the two units); duplexes, triplexes, and fourplexes (detached buildings under one ownership with two, three, or four residential units (respectively) in the same building); and apartments (five or more units under one ownership in a single building); attached unit projects such as condominiums and townhouses; and Boarding House. This use type may include other residential types determined to be substantially similar to the above by the City of Dublin Director of Community Development, or designee. 674
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Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county.
Overcrowded Housing Unit. A housing unit in which the members of the household, or group are prevented from the enjoyment of privacy because of small room size and housing size. The U.S. Bureau of Census defines an overcrowded housing unit as one which is occupied by more than one person per room.
Parcel. A lot or tract of land.
Person with a Disability. Any individual (1) with a physical or mental impairment that substantially limits one or more major life activities; (2) with a record of such impairment; or (3) who is regarded as having such an impairment. A physical or mental impairment includes, but is not limited to, conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug addiction, and alcoholism.
Planning Area. The area directly addressed by the general plan. A city’s planning area typically encompasses the city limits and potentially annexable land within its sphere of influence.
Policy. A specific statement of principle or of guiding action that implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its objectives before undertaking an action program. (See “Program.”)
Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or “poverty thresholds” varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index.
Program. An action, activity, or strategy carried out in response to adopted policy to achieve a specific goal or objective. Policies and programs establish the “who,” “how” and “when” for carrying out the “what” and “where” of goals and objectives.
Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use.
Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction and affecting a broad geographic area.
Regional Housing Needs Allocation. A quantification by the local council of governments of existing and projected housing need, by household income group, for all localities within a region.
Rehabilitation. The repair, preservation, and/or improvement of substandard housing.
Residential. Land designated in the General Plan and zoning ordinance for building consisting of dwelling units. May be improved, vacant, or unimproved. (See “Dwelling Unit.”) Residential Care Facility. A facility that provides 24-hour care and supervision to its residents. 675
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Retrofit. To add materials and/or devices to an existing building or systemto improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example.
Rezoning. An amendment to the map to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.
Section 8 Rental Assistance Program. A federal (HUD) rent-subsidy program, which is one of the main sources of federal housing assistance for low-income households, operates by providing “housing assistance payments” to owners, developers, and public housing agencies to make up the difference between the “Fair Market Rent” of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30 percent of the household’s adjusted gross monthly income (GMI). “Section 8” includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation.
Senior Citizen Apartment. A multi-family building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and older.
Shared Living Facility. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of the California Health and Safety Code.
Single-Family Dwelling, Attached. A dwelling unit occupied or intended for occupancy by only one household that is structurally connected with at least one other such dwelling unit. (See “Townhouse.”) Single-Family Dwelling, Detached. A dwelling unit occupied or intended for occupancy by only one household that is structurally independent from any other such dwelling unit or structure intended for residential or other use. (See “Family.”)
Single Housekeeping Unit. Aresidence with two or more members, whose members are a non-transient interactive group of persons jointly occupying a single dwelling unit, including but not limited to the joint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses.
Single Room Occupancy (SRO). A building or buildings constructed or converted for residential living consisting of one-room dwelling units, where each unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site.
Special Housing Needs. Special housing needs are those associated with specific demographic or occupational groups that call for specific Housing Element program responses. State law specifically requires Housing Element analysis of the special housing needs of people who are elderly or disabled 676
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(including developmental disabilities), female-headed households, large families, farmworkers, and people experiencing homelessness. These special-needs groups often spend a disproportionate amount of their income to secure safe and decent housing and are sometimes subject to discrimination based on their specific needs or circumstances.
Subsidize. To assist by payment of a sum of money or by the granting to terms or favors that reduces the need for monetary expenditures. Housing subsidies may take the forms or mortgage interest deductions or tax credits from federal and/or state income taxes, sale, or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like.
Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in California Health and Safety Code Section 53260(d), and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Target Areas. Specifically, designated sections of the community where loans and grants are made to bring about a specific outcome, such as the rehabilitation of housing affordable by very low- and lowincome households.
Target Population. Target population refers to people with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly people, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and people experiencing homelessness.
Tax Increment. Additional tax revenues that result from increases in property values within a redevelopment area. State law permits the tax increment to be earmarked for redevelopment purposes but requires at least 20 percent to be used to increase and improve the community’s supply of very lowand low-income housing.
Tenure. A housing unit is owner-occupied if the owner or co-owner lives in the unit, even if it is mortgaged or not fully paid for. A cooperative or condominium unit is owner-occupied only if the owner or co-owner lives in it. All other occupied units are classified as renter-occupied including units rented for cash rent and those occupied without payment of cash rent.
Townhouse. Asingle-family unit constructed in a group of three or more attachedunits in which each unit extends from the foundation to the roof and with its own front and rear access to the outside. A townhouse unit can be individually owned.
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Transitional Housing. A dwelling unit occupied by seven or more homeless persons or families (large) or six or fewer homeless persons or families (small), which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months.
Undevelopable. Specific areas where topographic, geologic, and/or superficial soil conditions indicate a significant danger to future occupants and a liability to the City. 678
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Acronyms Used
AB: Assembly Bill
ABAG: Association of Bay Area Governments
ACS: American Community Survey
ADU: Accessory Dwelling Unit
AFFH: Affirmatively Furthering Fair Housing
AFH: Assessment of Fair Housing
AI: Analysis of Impediments
AMI: Area Median Income
BMR: Below Market Rate
CAR: California Association of Realtors
CDBG: Community Development Block Grant
CDDS: California Department of Developmental
Services
CEC: California Energy Commission
CEQA: California Environmental Quality Act
CHAS: Comprehensive Housing Affordability
Strategy
CPCU: California Public Utilities Commission
DDSP: Downtown Dublin Specific Plan
DMC: Dublin Municipal Code
DSRSD: Dublin San Ramon Services District
DU/AC: Dwelling Units Per Acre
DU: Dwelling Unit
EBDA: East Bay Dischargers Authority
ECHO: Eden Council for Hope and Opportunity
EDD: California Employment Development
Department
FAR: Floor Area Ratio
FEMA: Federal Emergency Management Agency
FMR: Fair Market Rate
HACA: Housing Authority of the County of
Alameda
HAMI: HUD Area Median Income
HAMFI: HUD Area Median Family Income
HCD: California State Department of Housing
and Community Development
HCVP: Section 8 Housing Choice Voucher
Program
HH: Household(s)
HMDA: Home Mortgage Disclosure Act
HOA: Homeowners Association
HOME: HOME Investment Partnership Program
HCD: California Department of Housing and
Community Development
HUD: Department of Housing and Urban
Development
ICC: International Code Council
JADU: Junior Accessory Dwelling Unit
LAFCO: Local Agency Formation Commission
LAVWMA: Livermore Amador Valley Water
Management Agency
LIHTC: Low Income Housing Tax Credit
MFI: Median Family Income
MFODS: Multi-Family Objective Design
Standards
MSA/MD: Metropolitan Statistical
Area/Metropolitan Division
OEHHA: California Office of Environmental
Health Hazard Assessment
PG&E: Pacific Gas and Electric
R/ECAP: Racially & Ethnically Concentrated
Areas of Poverty
RCAA: Racially & Ethnically Concentrated Areas
of Affluence
RHNA: Regional Housing Needs Allocation
RHND: Regional Housing Needs Determination
ROI: Regional Opportunity Index
RTP: Regional Transportation Plan
SB: Senate Bill
SRO: Single-Room Occupancy Unit
SWP: State Water Project
TCAC/HCD: California Tax Credit Allocation
Committee/HCD
TOD: Transit-Oriented Development
UBG: Urban Growth Boundaries
UC: University of California
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Chapter 8
ENVIRONMENTAL
RESOURCES MANAGEMENT:
SEISMIC SAFETY AND
SAFETY ELEMENT
Attachment 3
Exhibit 2 to Attachment 1
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City of Dublin General Plan | Seismic Safety & Safety Element 8–1
8.1 INTRODUCTION
Government Code sec. 65302(g) requires safety elements to address the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence, liquefaction and other seismic hazards or geologic hazards; flooding; and wildfires and urban fires. The statute requires that seismic and geologic hazard areas be mapped. It also requires the element to address evacuation routes, military installations, peakload water supply, minimum road widths and clearances around structures for geologic and fire hazards identified in the element.
Addressing the hazards relevant to Dublin, this Seismic Safety and Safety Element provides an assessment of the risk of ground shaking, rupture, and failure due to earthquakes. The element discusses landslide, subsidence and liquefaction hazards. It also discusses flooding, and urban and wildfires fires. Related discussion and analysis of these hazards is located in the Technical Supplement and the Conservation Element (Chapter 4).
Chapter One of the General Plan defines the City’s Planning Area to include the Primary Planning Area, Eastern Extended Planning Area, Western Extended Planning Area, Dublin’s Crossing Planning area, and the area known as Doolan-Collier Canyons. The City’s Planning Area, herein referred to as the Planning Area, offers examples of most of the geologic hazards commonly found in California, but only two—downslope movement (mainly landslides) and surface fault rupture due to earthquakes— are significant constraints on the location of urban development. Downslope movement includes landslides, rockfalls, debris flows, and soil creep. Factors affecting downslope movement are groundwater, rock and soil type, slope angle, propensity to erosion, seismic activity, vegetation, and grading or other human alterations.
The Calaveras Fault is the major active fault in the Planning Area with rupture potential and runs parallel to and just west of San Ramon Road. The Pleasanton Fault, near the west edge of Camp Parks, is difficult to locate precisely. The State has identified Alquist-Priolo Earthquake Fault Zones along both faults, requiring detailed studies of rupture hazards prior to construction.
Few potential building sites within the Primary or Extended Planning Areas are without geologic impact or hazard. The hazard may be actual, such as an active landslide or proximity to an active fault, or potential, such as a proposed cut that might activate a landslide. Mitigation of hazards may increase construction cost, but will reduce long-term costs to both property owners and the City.
8.2 SEISMIC SAFETY
8.2.1 ALL PLANNING AREAS
Geological and Seismic Hazards in Dublin
The Planning Area is diverse geologically, as a result of the seismic setting of the region and the effects of climate. Figure 8-1 shows the different geological foundations of the Planning Area. Susceptibility 683
8–2 City of Dublin General Plan | Seismic Safety & Safety Element to geological and seismic hazards is directly related to proximity to active faults.
The Calaveras Fault runs through the western portion of the Planning Area along San Ramon Road and extends 76 miles. Figure 8-1 and Figure 8-2 illustrate the location of the Calaveras Fault as well as other onshore and structural faults. According to the California Department of Conservation 2010 Geological Map data, Dublin has synclines and quaternary faults throughout the Planning Area.
Synclines are folds in the Earth’s crust with younger layers closer to the center of the structure, leading to a less stable structural foundation. Quaternary faults are faults that have evidence of movement in the past 1.6 million years. Thus, these faults are considered active and a geological hazard. Because of the Planning Area’s proximity to active faults, the ground is susceptible to geological and seismic hazards, including expansive soils, subsidence, liquefaction, and landslides. 684
City of Dublin General Plan | Seismic Safety & Safety Element 8–3 Source: California Geological Survey, Geologic Map of California, 2010 DUBLIN GENERAL PLAN DUBLIN (Figure 8-1)
GEOLOGIC AREA MAP
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City of Dublin General Plan | Seismic Safety & Safety Element 8–5 Source: California Geological Survey, Seismic Hazard Zones: Alquist-Priolo Fault Zones & Alquist-Priolo Fault Traces, 2021 DUBLIN GENERAL PLAN DUBLIN (Figure 8-2)
ALQUIST PRIOLO FAULT AREA MAP
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City of Dublin General Plan | Seismic Safety & Safety Element 8–7 Liquefaction and Landslide Hazards
Liquefaction is one of the most destructive secondary effects of seismic shaking. According to the United States Geologic Survey (USGS), liquefaction takes place when loosely packed, water-logged sediments at or near the ground surface lose their strength in response to strong ground shaking.
Expansive soils and subsidence occur due to an abundance of moisture in the soil, causing the soil’s foundation to move unstably. This leads to liquefaction and landslide hazards. Liquefaction occurring beneath buildings and other structures can cause major damage during earthquakes. It occurs primarily on saturated and loose, fine to medium grained soils, in areas where the groundwater table is 50 feet or less below the surface. Liquefaction and landslide hazards often occur due to expansive soils. In general, according to the United States Department of Agriculture (USDA) Natural Resources Conservation Service, Dublin is underlain by sediments, such as clays, silt loams, and substratum. As shown in Figure 8-3, the zones with higher liquefaction potential exist along Dublin Boulevard, Village Parkway, and Tassajara Road.
Landslides are often associated with earthquakes, but other factors may also influence their occurrence, including slope, soil moisture content, and subsurface geology composition. The potential for landslides increases with vegetation loss from wildfires or droughts. The City’s hillside areas are located west of San Ramon Road, east of Tassajara Road, and northwest of Camp Parks. As shown in Figure 8-3, the hillside areas in the eastern and western portions of the Planning Area have higher landslide susceptibility. The City has adopted hazard mitigation requirements in the Dublin Municipal Code and Tri-Valley Hazard Mitigation Plan (HMP), including programs to retrofit and relocate structures in high hazard areas. With existing hazard mitigation in place, the Planning Area is considered to have a slight risk for landslides.
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City of Dublin General Plan | Seismic Safety & Safety Element 8–9 Source: California Geological Survey, Seismic Hazard Zones: Landslide and Liquefaction Zones, 2021 DUBLIN GENERAL PLAN DUBLIN (Figure 8-3)
LANDSLIDE AND LIQUEFACTION RISK ZONES
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City of Dublin General Plan | Seismic Safety & Safety Element 8–11 A. Guiding Policy
1. Geologic hazards shall be mitigated or development shall be located away from geologic hazards in order to preserve life, protect property, and reasonably limit the financial risks to the City of Dublin and other public agencies that would result from damage to poorly located public facilities.
B. Implementing Policies
1. Structural and Grading Requirements
a. All structures shall be designed to the standards delineated in the Dublin Building Code and Dublin’s Grading Ordinance. A “design earthquake” shall be established by an engineering geologist for each structure for which ground shaking is a significant design factor.
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.
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, shall be designed to accommodate the maximum expected offset from fault rupture. Site specific evaluations shall determine the maximum credible offset.
2. Required Geotechnical Analyses
a. A preliminary geologic hazards report shall 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 geologic and seismic hazards described in the Seismic Safety and Safety Element must be evaluated. This hazard analysis shall be prepared by a California licensed engineering geologist. b. Detailed geologic studies shall be required at the tentative subdivision map stage for all projects located within a landslide and/or liquefication zone as identified in Figure 8-3, and for other proposed projects if the preliminary investigation indicates a potential geologic hazard. Proposals for mitigation shall be included at this stage. The detailed analysis for projects in a landslide and/or liquefaction zone must consider:
• Cumulative effect of new development on a partially developed slide; • Effects of septic leach systems, garden watering, and altered drainage patterns; • Impact of a maximum credible earthquake;
• Where applicable, passage of the Calaveras Fault through or under landslide deposits;
• Debris flow and other downslope hazards (especially common in the Eastern Extended Planning Area). Care must be taken not to locate structures in the path of potential debris flows; and
• Where published maps identify or show “ancient” or quaternary slides on sites 693
8–12 City of Dublin General Plan | Seismic Safety & Safety Element 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.
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.
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 to reduce future public repair costs.
e. A surface fault rupture evaluation, as outlined by the State of California Department of Conservation, California Geological Survey, and in accordance with the AlquistPriolo Earthquake Fault Zoning Act shall be required for all development within the identified Earthquake Fault Zones as shown on Figure 8-1). The surface fault rupture evaluation shall be conducted as part of the development review process after building sites are specifically defined.
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.
3. Existing Structures
a. Post-earthquake or damage reconstruction of existing structures shall be permitted only if mitigating factors are incorporated.
4. Data Review and Collection
a. All required reports and data shall be reviewed by the Alameda County Geologist or a consulting engineering geologist. This individual shall participate in the review process from the earliest proposal stage to completion of the project. 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.
c. City and developer shall endeavor to fully disclose hazards to present and future occupants and property owners.
5. Earthquake Response Plan
a. In 2020, the City adopted an Emergency Operations Plan which serves as the foundation for disaster response and recovery operations in Dublin. The City will periodically review the Plan to prepare for and respond to seismic events. b. The City shall continue to partner with Alameda County to generate evacuation routes based upon the incident.
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City of Dublin General Plan | Seismic Safety & Safety Element 8–13
8.3 FIRE SAFETY
8.3.1 ALL PLANNING AREAS
Wildfires
A wildfire is any uncontrolled fire occurring on undeveloped land that requires fire suppression.
Wildfires can be ignited by lightning or by human activity such as smoking, campfires, equipment and vehicle use, and arson. Fire hazards present a considerable risk to vegetation and wildlife habitats throughout Alameda County. While the primary fire threat in the Bay Area is from wildfire, urban conflagration is a major hazard that can occur due to many causes such as wildfires, earthquakes, gas leaks, chemical explosions, or arson. Wildfire risk increases due to climate change because of higher temperatures and longer dry periods over longer fire seasons. Additionally, wildfire risk will also be influenced by potential changes in vegetation.
The size and location of housing stock and critical infrastructure determine the severity of wildfires.
The impacts of a fire are felt long after the fire is extinguished. In addition to the loss of property in fires, the loss in vegetation and changes in surface soils alter the environment. When all supporting vegetation is burned away, hillsides become destabilized and prone to erosion. The burnt surface soils are harder and absorb less water. When winter rains come, this leads to increased runoff, erosion, and landslides in hillside areas. According to the USGS, steep drainage basins recently burned by wildfire can generate deadly and destructive debris flow. To help reduce losses from this type of landslide and hazards associated with wildfires, the USGS conducts post-fire debris-flow hazard assessment for select fires in the western U.S. As of 2022, the USGS Emergency Assessment of Post-Fire Debris-Flow Hazards does not have wildfire debris-flow hazard data for the City of Dublin.
Wildfires present a substantial hazard to life and property in areas of Dublin that are built within or adjacent to hillside areas, commonly known as the Wildland Interface. The northeast and east regions of the Planning Area are located in Moderate Fire Hazard Severity Zones (MFHSZ), as shown on Figure 8-4. The west regions of the Planning Area and portions of the northeast region are located in High Fire Hazard Severity Zones (HFHSZ). According to the California Department of Forestry and Fire (CalFire), the City only has one area that is located in a High Fire Hazard Severity Zone (HFHSZ).
This area is located along the City boundaries east of Fallon Road and Palisades Drive. According to CalFire and as shown on Figure 8-4, there are no areas within the Planning Area that are classified as a Very High Fire Hazard Severity Zone (VHFHSZ).
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City of Dublin General Plan | Seismic Safety & Safety Element 8–15 Source: California Department of Forestry and Fire Protection, Fire and Resource Assessment Program (FRAP), Alameda County CAL FIRE Fire Hazard Severity Zones, Alameda County CAL FIRE State Responsibility Areas, Alameda County CAL FIRE Incorporated Cities, 2021 DUBLIN GENERAL PLAN DUBLIN (Figure 8-4)
FIRE HAZARD SEVERITY ZONES
697
698
City of Dublin General Plan | Seismic Safety & Safety Element 8–17 According to CalFire, the following wildfires of over 10 acres were recorded near the City in recent years:
• June 8, 2013, Vasco Fire: Burned 240 acres off Vasco Road and North Vasco Road, north of Livermore. The fire was contained within one day.
• July 6, 2013, Fallon Fire: Burned 38 acres off Fallon Road and Camino Tassajara, near Dublin.
The fire was contained within one day by Alameda County Fire Department (ACFD). • October 4, 2013, Highland Fire: Burned 150 acres along Highland Road, near Livermore. The fire was contained within one day by CalFire’s Santa Clara Unit (SCU). • June 25, 2015, Tesla Fire: Burned 53 acres off Tesla Road, southeast of Livermore. The fire was contained within one day by CalFire’s SCU.
• August 22, 2015: Burned 2,700 acres off Tesla Road near Corrall Hollow Road, between Livermore and Tracy. This fire took four days to contain with 18 fire personnel and five engines. • July 16, 2020, Hollow Fire: Burned 253 acres along Tesla Road and Mclaughlin Road, southeast of Livermore. The fire was contained within three days by CalFire’s SCU. • August 18, 2020, SCU Lightning Complex Fire: Burned 396,624 acres within multiple locations throughout Santa Clara, Alameda (southeast of Livermore), Contra Costa, San Joaquin, Merced, and Stanislaus Counties. The fire was contained within 45 days. • August 16, 2022, Eden Fire: Burned 58 acres along Eden Canyon Road and Interstate 580.
The City of Dublin opened the Shannon Community Center as a space for evacuees. The fire was contained within a day.
Urban Fires
Fires could also ignite in urbanized areas of the Planning Area because of a wildfire, earthquake, or some other phenomena. A disruption in the water system, causing a reduction in hydrant pressures, could allow a normally controllable structure fire to escape containment by firefighting forces and spread to adjoining buildings or cause spot fires with flying brands and ignite other buildings downwind by igniting wood roofs or vegetation. Steep, inaccessible slopes and brush create a high fire hazard in the western hills. Additionally, areas within the Extended Planning Areas adjacent to open space are susceptible to fire hazards. For projects that are constructed outside a fire station service area (greater than 1.5 miles from the nearest fire station) and/or interface with open space, certain built-in fire protection measures are required.
Fire Hazard Severity Zones and Fire Response
There are no areas within the Planning Area that are classified as a VHFHSZ. The Alameda County Fire Department (ACFD) serves as the fire department for the City of Dublin and provides all fire prevention, fire protection, and First Responder Emergency Medical Services including advanced life support (paramedics) within the City. ACFD includes three specialized response teams, which include Hazardous Materials Unit, Urban Search and Rescue Unit, and Water Rescue Team Unit.
Dublin San Ramon Services District (DSRSD) supplies water to the City of Dublin for both domestic use and fire protection purposes through a series of pipelines, pump stations, and reservoirs. For 699
8–18 City of Dublin General Plan | Seismic Safety & Safety Element fire protection, Alameda County Fire specifies the required fire flows which the DSRSD system is designed to provide. The ACFD requires a minimum of 1,500 gallons of water per minute for two hours. The DSRSD system has separate fire protection storage with an adequate volume of water for two simultaneous fires and storage is kept full at all times.
In Dublin, the ACFD is responsible for Locally Responsible Areas (LRAs). LRAs are incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. The U.S. Army is responsible for Federal Responsibility Areas (FRAs) in Dublin.
The FRA in Dublin, as depicted in Figure 8-5, is located in the Parks Reserve Forces Training Area (Camp Parks), east of Dougherty Road, west of Arnold Road, and north of Dublin Boulevard. While the State Responsibility Areas (SRAs) are not located within City boundaries, there are SRAs adjacent east and west of City boundaries.
Evacuation plans in the event of a fire emergency can be found on the City’s website. The City partners with Alameda County to create evacuation routes for the City. As of 2022, the City has an “Emergency Alerts” page on the City website. In the event of an emergency, residents can opt-in to receive emergency communication and notifications. For more information on emergency procedures, the City has a “Disaster Preparedness” webpage available for up-to-date information on how residents can best prepare for an emergency event.
700
City of Dublin General Plan | Seismic Safety & Safety Element 8–19 Source: California Department of Forestry and Fire Protection, Fire and Resource Assessment Program (FRAP), Alameda County CAL FIRE Fire Hazard Severity Zones, Alameda County CAL FIRE State Responsibility Areas, Alameda County CAL FIRE Incorporated Cities, 2021 DUBLIN GENERAL PLAN DUBLIN (Figure 8-5)
FIRE RESPONSIBILITY AREAS
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702
City of Dublin General Plan | Seismic Safety & Safety Element 8–21 Figure 8-6 depicts essential facilities located throughout Dublin, including those near or in MFHSZ and HFHSZ. Essential facilities include fire service and emergency responder locations as well as places that can be used as emergency shelters, such as schools, in the event of a hazardous event. Essential public facilities work together with fire stations during hazardous events to provide community organization and services in the event of an emergency.
The City continues to implement mitigation and emergency preparedness programs and policies. The City enforces the California Building Code which are outlined in Dublin Municipal Code Chapter 7.32.
The City’s mitigation plans include programs and policies that provide outreach activities related to hazard mitigation and disaster preparedness, utilize vegetation management, and encourage postdisaster recovery planning in development. More information on programs and procedures in response to hazardous events in the City can be found in the Tri-Valley HMP.
A. Guiding Policy
1. The Local Hazard Mitigation Plan (LHMP) for the Tri-Valley was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s 2011 Local Hazard Mitigation Plan guidance. The LHMP, included as an appendix to the Comprehensive Emergency Management Plan, incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risks. The implementation of these mitigation actions, which include both short- and long-term strategies, involve planning, policy changes, programs, projects, and other activities. The City will periodically review and update the Plan to prepare for emergencies.
B. Implementing Policies
1. The City shall continue to enforce the wildfire urban interface regulations to mitigate wildfire risk.
2. The City shall encourage voluntary avoidance of planting certain undesirable vegetation that are invasive due to their physical or chemical characteristics related to flammability risk on private properties in the Moderate or High Fire Hazard Severity Zones.
3. The City shall continue to require property owners to conduct regular maintenance on their properties and roadways to reduce the fire danger and maintain a fire-safe landscape.
4. The City shall partner with Alameda County to map evacuation routes and periodically update as necessary in accordance with applicable state laws.
5. The City shall require special precautions against fire as a condition of development approval in the western hills and elsewhere in the Extended Planning Areas where proposed development would interface with open space.
703
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City of Dublin General Plan | Seismic Safety & Safety Element 8–23 Source: California Department of Forestry and Fire Protection, Fire and Resource Assessment Program (FRAP), Alameda County CAL FIRE Fire Hazard Severity Zones, Alameda County CAL FIRE State Responsibility Areas, Alameda County CAL FIRE Incorporated Cities. Google Earth, 2021 DUBLIN GENERAL PLAN DUBLIN (Figure 8-6)
ESSENTIAL FACILITIES & FIRE HAZARD SEVERITY
705
706
City of Dublin General Plan | Seismic Safety & Safety Element 8–25
8.4 FLOODING AND DAM FAILURE
8.4.1 ALL PLANNING AREAS
Flooding
The Federal Emergency Management Agency (FEMA) defines flooding to be a general or temporary condition of partial or complete inundation of two or more acres of normally dry land or of two or more properties. Flooding can occur from an overflow of inland or tidal waters, unusual and rapid accumulation or runoff of surface waters, mudslides, and collapse or subsidence of land along a body of water due to erosion. Flash floods are an example of what results from large and intense rainfalls that occur over short periods of time. The responsibility for managing flood risks is shared across federal, state, and local government agencies and the private sector. The U.S. Army Corps of Engineers (USACE) established the National Flood Risk Management Program (NFIP), which provides current and accurate floodplain information by identifying and assessing flood hazards, improving public awareness and comprehension of flood hazards and risk, and integrating flood damage and flood hazard programs across federal, state, and local agencies. Flooding associated with severe storms has been among the most common disasters in the Bay Area during the period from 1950 to 2015, occurring on average 1.3 times a year over the past 60 years. Heavy rainfall often brings many areas of localized flooding, especially in low-lying areas of the region.
Figure 8-7 illustrates flood prone areas in the City of Dublin based on data from FEMA. The areas shown identify the 100- and 500-year flood zones in portions of the Primary and Eastern Extended Planning Areas; no 100- or 500-year flood zones have been identified in the Western Extended Planning Area. Areas along Alamo and Tassajara Creeks, and near Interstate 680 are within the 100- year flood zone. Locations near Interstate 580, including a portion of the downtown area, are within the 500-year flood zone. The Planning Area is not located within a 200-year flood zone.
Most of the areas in the 100-year flood and 500-year flood zones have been built upon. Any new construction in flood prone areas must comply with Dublin Municipal Code Chapter 7.24 (Flood Control) including constructing the first floor above the flood level.
A number of channel improvements have been implemented since the early 1990s as a result of local developments partnering with Zone 7 and/or the City of Dublin, and Caltrans transportation projects.
Channel improvements have been made along Tassajara Creek (Line K), Alamo Creek (Line F), and Big Canyon Creek (Line J-1). In addition to the major creeks in Dublin, several tributaries have undergone improvements as well, including the undergrounding of Line G-3 and raising the channel wall of Line G-5. Based on recent FEMA Preliminary Flood Insurance Rate Map Panels and designated floodway maps available from the Central Valley Flood Protection Board, portions of the City are in “Zone X,” defined as an “area of minimal flood hazard.” As of 2021, the Department of Water Resources’ “Best Available Map” tool shows that portions of the Planning Area are located within a 100-year or 500- year flood zone. Due to the City’s location, floodway maps from the Central Valley Flood Protection Board do not show any floodways and levee centerlines in the City of Dublin, and the Planning Area is not located in any levee protection zones.
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8–26 City of Dublin General Plan | Seismic Safety & Safety Element Responsibility for flood protection in Dublin lies with Zone 7, which maintains improved flood-control channels and installs new drainage channels. Under Zone 7 permits, development projects have improved many of the existing channels and created new flood protection facilities. Zone 7 continues to work with local jurisdictions and the development community to identify means and methods to provide greater flood protection for its service area, including the City of Dublin. Figure 8-8 includes essential facilities that can provide emergency shelter and response in the event of a flood emergency. 708
City of Dublin General Plan | Seismic Safety & Safety Element 8–27 Source: Federal Emergency Management Agency (FEMA), FEMA Flood Maps, National Flood Hazard Layer, 2021 DUBLIN GENERAL PLAN DUBLIN (Figure 8-7)
FEMA FLOOD RISK MAP
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City of Dublin General Plan | Seismic Safety & Safety Element 8–29 Source: Federal Emergency Management Agency (FEMA), FEMA Flood Maps, National Flood Hazard Layer, 2021 D U B L I N G E N E R A L P L A N D U B L I N (Figure 8-8)
ESSENTIAL FACILITIES AND FEMA FLOOD RISK ZONES
711
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City of Dublin General Plan | Seismic Safety & Safety Element 8–31 Dam Failure
Dam failure is an uncontrolled release of impounded water from a reservoir through a dam due to structural failures or deficiencies in a dam. A dam is an artificial barrier that can store water, wastewater, or liquid-borne materials for reasons such as flood control, human water supply, irrigation, livestock water supply, energy generation, containment of mine tailings, recreation, or pollution control. More than a third of the country’s dams are greater than 50 years old. Approximately 14,000 dams nationally pose a significant hazard to life and property if failure occurs. Reservoir or dam failure may result in loss of life and damage to structures, roads, and utilities. Several influences can affect the severity of a reservoir or dam failure event: the amount of water impounded and the density, type, and value of the development and infrastructure located downstream of the reservoir or dam. Furthermore, downed tree limbs and other debris can cause localized flooding during heavy rain events.
According to the California Division of Safety of Dams (DSOD) Dam Breach Inundation Map, as of 2022, there are 23 dams in Alameda County of which 18 are classified as high or extremely high hazard according to the DSOD Downstream Hazard Classification Guidelines. Of these, the Del Valle Dam has the highest potential to impact the City of Dublin if a dam failure were to occur. Figure 8-9 depicts the inundation risk for the City of Dublin. As shown in Figure 8-9, a portion of the southern area of the City, along Interstate 580 near Dougherty Road, is of extremely high inundation risk due to the proximity to the Del Valle Dam.
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City of Dublin General Plan | Seismic Safety & Safety Element 8–33 Source: California Geological Survey, California Governor’s Office of Emergency Services, and AECOM, 2021 State of California, Tsunami Hazard Area Map, Alameda County, 2021 DUBLIN GENERAL PLAN DUBLIN (Figure 8-9)
INUNDATION RISK
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City of Dublin General Plan | Seismic Safety & Safety Element 8–35 According to the 2021 Alameda County Local Hazard Mitigation Plan, there have been three recorded dam failures in Alameda County, all of which did not take place in Dublin. The three recorded dam failures in Alameda County are:
• 1905: Piedmont #1 Dam had an outlet wall sheared off at the core wall. • 1918: Calaveras Dam failure during construction in 1918. A landslide damaged the upstream shell of the dam and destroyed the dam’s outlet tower.
• 2015: Inflatable dam on Alameda Creek (Rubber Dam 3) failed due to vandalism, releasing a significant supply of the community’s water into San Francisco Bay.
Dam failures have a low incidence of occurrence. Since 2017, DSOD has instituted stricter inspection and emergency response procedures. To mitigate and prepare for dam failure events, the City has implemented mitigation activities and programs, including retrofitting and relocating structures in high hazard areas, streamlining permit processes of residential and commercial structures following disaster, and providing outreach activities related to hazard mitigation and disaster preparedness.
A. Guiding Policy
1. Regulate development in hillside areas to minimize runoff by preserving woodlands and riparian vegetation. Retain creek channels with ample right-of-way for maintenance and for maximum anticipated flow.
B. Implementing Policies
1. Dedication of broad stream corridors shall be required as a condition of subdivision or other development approval.
2. Riparian vegetation shall be protected and removal of woodlands shall be prohibited wherever possible. Vegetation shall be replanted according to the standards in the Eastern Dublin Specific Plan or other applicable standards (see also General Plan Guiding Policy 3.1.A).
3. Drainage studies of entire small watersheds shall be required and assurance that appropriate mitigation measures will be completed as needed prior to approval of development in the extended Planning Areas.
4. The City shall continue to participate in the Federal Emergency Management Agency’s (FEMA) flood insurance program.
5. See additional policies in the Conservation Element (Chapter 7).
8.5 HAZARDOUS MATERIALS
Hazardous materials are defined as any material that due to its quantity, concentration, physical, or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released. Federal, state, and local agency databases maintain comprehensive information on the location of facilities that use large quantities of hazardous materials, as well as facilities that generate hazardous waste. Hazardous materials are transported on the freeways, and some are used by Dublin industries. The Dublin San Ramon Services District, Alameda County Fire Department, and the Dublin Police Services form the City’s hazardous materials team. 717
8–36 City of Dublin General Plan | Seismic Safety & Safety Element
8.5.1 ALL PLANNING AREAS
A. Guiding Policies
1. The City shall 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. The City shall minimize the risk of exposure to hazardous materials from contaminated sites.
B. Implementing Policies
1. The City shall 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. The City shall review and enforce the City’s ordinances regulating the handling, transport, and storage of hazardous materials and hazardous waste.
4. The City shall 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.
8.6 AIRPORT LAND USE COMPATIBILITY
8.6.1 EASTERN EXTENDED PLANNING AREA
A. Guiding Policy
1. All proposed land uses within the Airport Influence Area (AIA) shall be reviewed for consistency with the safety compatibility policies and airspace protection policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
B. Implementing Policy
1. Adopt an Airport Overlay Zoning District to ensure that all proposed development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. 718
Attachment 4
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 5 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE DOWNTOWN DUBLIN SPECIFIC PLAN TO SPECIFY RESIDENTIAL
UNITS ON THREE HOUSING ELEMENT SITES ARE ALLOWED BY RIGHT AND NOT
SUBJECT TO THE DEVELOPMENT POOL OR COMMUNITY BENEFIT PROGRAM (PLPA-2022-00036)
WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City and is approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north; and WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11 approving the DDSP and associated implementation actions; and WHEREAS, on May 6, 2014, City Council adopted an amendment (Resolution No. 49-14) to the DDSP to increase the number of residential units permitted in Downtown Dublin by 1,200 and decrease the amount of commercial square footage permitted by 773,000 square feet, to create minimum density thresholds for the Transit-Oriented and Retail Districts, to restrict residential development west of San Ramon Road in the Retail District, and other minor amendments; and
WHEREAS, on December 3, 2019, the City Council adopted an amendment (Resolution No. 126-19) to the General Plan and DDSP to combine the residential dwelling unit allocation into one pool for all three districts; and
WHEREAS, residential development within the DDSP is governed by a Development Pool; and
WHEREAS, State law requires any non-vacant site identified in a prior Housing Element to be zoned at a minimum density of 30 units per acre and allow residential use by-right for housing developments in which at least 20 percent of the units are affordable to low-income households, if the units would accommodate the very low- and low-income categories of the City’s Regional Housing Needs Allocation; and
WHEREAS, there are three sites in Downtown Dublin, including 7590 Amador Valley Boulevard (APN 941-0305-028-00), 7050 Amador Plaza Road (APN 941-0305-040-00), and 6513 Regional Street (APN 941-1500-030-00), that were identified in the 2014 – 2022 Housing Element and are included in the 2023 – 2031 Housing Element Sites Inventory; and WHEREAS, amendments to the DDSP are proposed to specify the residential units on the three Housing Element sites in Downtown Dublin are allowed by right and not subject to the Downtown Dublin Development Pool or Community Benefit Program provided that 20 percent of 719
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 5 the units on each site are affordable to lower income households, hereafter referred to as the “2022 DDSP Amendments” or the “Project;” and
WHEREAS, consistent with California Government Code Section 65352.3, 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 2022 DDSP Amendments. None of the contacted tribes requested a consultation within the statutory consultation periods and no further action is required; and WHEREAS, the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared an Initial Study for the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings, which found that there was no substantial evidence that the Project would have a significant adverse effect on the environment and, therefore, pursuant to the requirements of CEQA, the City prepared a Negative Declaration, dated October 3, 2022, which reflects the City’s independent judgment and analysis; and
WHEREAS, the Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022; and
WHEREAS, the City of Dublin received no comment letters on the Initial Study/Negative Declaration; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the proposed DDSP Amendments, on October 25, 2022, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission adopted Resolution No. 22-14 recommending that the City Council approve the 2022 DDSP Amendments, which Resolution is incorporated herein by reference; and
WHEREAS, a Staff Report, dated November 15, 2022, and incorporated herein by reference, described and analyzed the 2022 DDSP Amendments for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the 2022 DDSP Amendments on November 14, 2022, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council considered all above-referenced reports, recommendations, and testimony to evaluate the Project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution.
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Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 5 BE IT FURTHER RESOLVED that the City Council finds that the 2022 DDSP Amendments, as set forth below, are in the public interest will promote general health, safety, and welfare, and that the DDSP, as amended, will remain internally consistent.
BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the DDSP:
List of Tables in the Table of Contents shall be amended to add Table 6-2 Development Pool and Community Benefit Program Exemptions, as follows:
List of Tables
Table 6-2: Development Pool and Community Benefit Program Exemptions ……122
and 6 shall be amended to increase the number of dwelling units permitted from 2,500 to 2,916 units and specify 416 of these units are exempt from the Community Benefit Program, as follows:
This Specific Plan allows for a future construction of approximately 2.2 million square feet of nonresidential development and 2,916 residential dwelling units (416 of these units are exempt from the Community Benefit Program as further described in Section 6.4 Development Pool and Community Benefit Program).
Assuming an average of 1,200 square feet per residential unit (and an average of 500 square feet per hotel room), this represents 5.83 million square feet under this Specific Plan.
dwelling units permitted from 2,500 to 2,916 units and add a note specifying 416 of these units are exempt from the Community Benefit Program, as follows:
Table 3-4: Net New Development
DISTRICT
NONRESIDENTIAL
(SF)
RESIDENTIAL
(DU)
MINIMUM
RESIDENTIAL
DENSITY
Retail 2,166,810
(+150 hotel
rooms) 2,916
22 units/net acre
TransitOriented 30 units/net
acres
Village
Parkway 20,730 No minimum
Total
2,262,540
(includes 150
hotel rooms)
2,916
Notes: Includes projects that have been approved, but not yet constructed.
721
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 4 of 5 Includes 416 units which are exempt from the Development Pool, as further discussed in Section 6.4: Development
Pool and Community Benefit Program.
amended to clarify that Table 6-1: Development Pool is only showing the development potential that is subject to the Community Benefit Program, as follows:
As discussed in Section 3.5: Future Development Assumptions, a base and maximum floor area ratio (FAR) is provided for each district in the Specific Plan Area (please refer to Table 3-3: Base and Maximum FAR per District). Property owners are allowed to intensify their site up to the Base FAR by right (non-residential square footage only). If a property owner would like to intensify their site beyond the Base FAR established for their District or construct residential dwellings, they may do so by entering into the Community Benefit Program and obtaining the additional development potential from the Development Pool.
The following Table illustrates the additional development potential (beyond the Base FAR) for each District that is subject to the Community Benefit Program.
amended to add a new subsection about the Development Pool and Community Benefit Program Exemptions and Table 6-2 at the end of the section, as follows:
Development Pool and Community Benefit Program Exemption The 2023-2031 Housing Element identifies three sites in the Downtown Dublin Specific Plan area to accommodate up to 416 units to satisfy a portion of the City’s Regional Housing Need Allocation. The 416 units are allocated to the sites shown in Table 6-2 and are excluded from the Development Pool and exempt from the Community Benefit Program. To qualify, at least 20 percent of the exempt units on each of the sites identified in Table 6-2 must be affordable to lower-income households.
Table 6-2: Development Pool and Community Benefit Program Exemptions 2023-2031
HOUSING
ELEMENT
SITE NUMBER
ADDRESS ASSESSOR’S
PARCEL NUMBER
MAXIMUM
NUMBER OF
EXEMPT UNITS
4 7590 Amador
Valley Blvd. 941-0305-028-00 80
20 7050 Amador
Plaza Road 941-0305-040-00 160
21 6513 Regional
Street 941-1500-030-00 176
PASSED, APPROVED AND ADOPTED this 15th day of November 2022, by the following vote:
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Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 5 of 5 AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
723
Attachment 5
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 5
ORDINANCE NO. XX – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE PLANNED DEVELOPMENT ZONING STAGE 1 DEVELOPMENT PLAN AND APPROVING A STAGE 2 DEVELOPMENT PLAN FOR SITES D-2 AND E-2 OF THE DUBLIN TRANSIT CENTER
(APNs: 986-0034-012-00 AND 986-0034-014-00)
(PLPA-2022-00036)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City.
B. The Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community.
C. State law requires Housing Elements to be updated and certified by the California Department of Housing and Community Development (HCD) every eight years.
D. The City of Dublin prepared the 2023 – 2031 Housing Element in accordance with State law.
E. The Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the City’s Regional Housing Needs Allocation (RHNA), which is included as Appendix D:
Adequate Sites Analysis in the 2023 – 2031 Housing Element.
F. After accounting for pipeline projects, accessory dwelling units, and existing zoning to accommodate the RHNA, the Adequate Sites Analysis identified a “remaining need” of 755 units.
G. A portion of the remaining need is proposed to be accommodated on Sites D-2 and E-2 (APNs: 986-0034-012-00 and 986-0034-014-00) at the Dublin Transit Center.
H. On December 3, 2002, the City Council adopted Ordinance No. 21-02 approving a Planned Development Rezone with a Stage 1 Development Plan for the Dublin Transit Center, which among other approvals, established a maximum of 1,800 residential units for the Transit Center and specified Sites D-2 and E-2 shall be developed with a Campus Office use.
I. The City proposes to amend Ordinance No. 21-02 to change the allowed land use on Sites D-2 and E-2 from Campus Office to Campus Office/High-Density Residential and increase the maximum residential density from 1,800 units to 2,515 units (“the Project”). 724
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 5
J. Consistent with California Government Code Section 65352.3, 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 Planned Development Zoning Amendments. None of the contacted tribes requested a consultation within the statutory consultation periods and no further action is required.
K. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared.
L. The City prepared an Initial Study for the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings, which found there was no substantial evidence that the project would have a significant adverse effect on the environment and, therefore, pursuant to the requirements of CEQA, the City prepared a Negative Declaration (ND), dated October 3, 2022, which reflects the City’s independent judgement and analysis.
M. The Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022.
N. The City of Dublin received no comment letters on the Initial Study/Negative Declaration.
O. On October 25, 2022, the Planning Commission reviewed the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings and adopted Resolution No. 22-14 recommending that the City Council: 1) adopt an Initial Study/Negative Declaration; 2) approve the 2023 – 2031 Housing Element and authorize Staff to submit the Housing Element to the California Department of Housing and Community Development for certification; 3) approve associated amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan; and 4) approve amendments to the Planned Development Zoning for Sites D-2 and E-2 at the Transit Center and Hacienda Crossings shopping center.
P. On November 15, 2022, the City Council held a properly noticed public hearing on the project, including the Initial Study/Negative Declaration, at which time all interested parties had the opportunity to be heard.
Q. A Staff Report, dated November 15, 2022, and incorporated herein by reference, described and analyzed the Project, including the 2023 – 2031 Housing Element, corresponding amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan, and Planned Development Zoning Stage 1 Development Plan Amendments, for the City Council.
R. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.
SECTION 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 5
1. The Planned Development (“PD”) Zoning Stage 1 Development Plan Amendment and Stage 2 Development Plan for northern 6.42 acres of sites D-2 and all of site E-2 at the Dublin Transit Center meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that will be consistent with the General Plan and Eastern Dublin Specific Plan, as amended, and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses. The Project will allow a broader range of uses, including the potential for housing.
2. Development of the Project under the PD zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide a variety of uses for the proposed Campus Office/High-Density Residential sites. The subject parcels are surrounded by residential uses to the north and west, by undeveloped land and Interstate-580 to the south, and by commercial development and undeveloped land to the east.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows:
1. The PD zoning for the proposed Campus Office/High-Density Residential parcels will be harmonious and compatible with existing and potential development in the surrounding area, will take into account adjacent land uses and will provide a wide range of amenities for the community within the development and the surrounding neighborhoods.
2. The conditions of the proposed Campus Office/High-Density Residential parcels are physically suitable for the uses permitted through the PD zoning in terms of type and intensity of the proposed zoning.
3. The PD 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.
4. The PD zoning is consistent with and in conformance with the Dublin General Plan and Eastern Dublin Specific Plan, as amended, in that the proposed uses are compatible with the General Plan land use designation of Campus Office/High-Density Residential.
C. Pursuant to the California Environmental Quality Act, the City Council adopted Resolution No. xx-22 approving an Initial Study/Negative Declaration, prior to approving the Project.
SECTION 3. AMENDMENT TO EXISTING STAGE 1 DEVELOPMENT PLAN AND ADOPTION OF A STAGE 2 DEVELOPMENT PLAN
The Planned Development Zoning Stage 1 Development Plan for the Dublin Transit Center is set forth in Ordinance No. 21-02. Amendments to the Stage 1 Development Plan and standards for the Stage 2 Development Plan for the Dublin Transit Center Sites D-2a and E-2 are set forth below.
1. Statement of Proposed Uses. The Stage 1 DP booklet, Appendix 2, Dublin Transit Center PD Zoning and Uses on page A.6-7 is amended to add “Multi-Family Dwelling” as a permitted use on Site D-2a and all of Site E-2.
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2. Stage 1 Site Plan. Amend the annotations on the Conceptual Illustrative Site Plan in the Stage 1 DP booklet on page 1.5 to state “Office and/or Multi-Family Dwellings,” rather than “Office.” Additionally, amend page 1.15 of the Stage 1 DP Booklet to designate the northern
6.42 acres of Site D-2 as Site D-2a and the southern 5.88 acres as Site D-2b, as shown below:
3. Site Area, Proposed Densities. The table titled Dublin Transit Center: Proposed Land Uses in the Stage 1 DP Book on page 1.13 is amended as follows to add the HighDensity Residential land use and up to 222 units on Site D-2a and up to 493 units on Site E-2 and footnote #5.
Site Area
(gr.ac.)
Area
(net
ac.)
GP/EDSP
Land Use
Max.
Sq. Ft.
Max.
Units
FAR
(gross)
Density
(gross)
FAR
(net)
Density
(net)
Ancillar
y
Retail
Sq. Ft.
Additional
Units
D-2a 9.04 6.42 Campus
Office and/or
High-Density
Residential
496,166 222 1.26 25 1.80 35
D-2b 8.28 5.88 Campus
Office
454,433 0 1.26 0 1.80 0
E-2 11.20 7.70 Campus
Office and/or
High-Density
Residential
560,000 493 1.15 44 1.67 64
Total 90.65 65.2
5 2,000,00
0 2,21
5 70,000 300
Summary
d/e 38.30 26.4
0 Campus
Office and/or
High-Density
Residential
2,000,00
0 715 1.20 25-44 1.80 35-64 22,500 300
NOTES:
5. Site D-2a and all of Site E-2 allow Campus Office and/or High-Density Residential land uses. The floor area ratio applies to both development options (Campus Office and High Density Residential) and is for the 727
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 5
combined commercial and residential uses, if residential units are incorporated, or for commercial uses if commercial is used exclusively. The floor area ratio does not apply to projects with only residential uses.
4. Phasing Plan. For the Phasing Plan, see Stage 1 DP booklet, page 1.17. Amend the legend to state “Campus Office/High Density Residential” for Site D-2a and all of Site E-2.
5. Master Neighborhood Landscape Plan. See Stage 1 DP booklet, page 2.2 to 2.41.
Amend the annotations on the “Streetscape, Open Space, & Landscape” Figures to state “Office and/or Multi-Family Dwellings,” rather than “Office.”
9. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in the Stage 1 and 2 Development Plan, the use, development, improvement, and maintenance of the property shall be governed by the Dublin Zoning Ordinance and shall comply with the Citywide Multi-Family Objective Design Standards.
SECTION 4. SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.
SECTION 5. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
SECTION 6. EFFECTIVE DATE
The Ordinance shall take effect upon certification of the 2023 – 2031 Housing Element by HCD.
PASSED, APPROVED, AND ADOPTED this __th day of _______ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
728
Attachment 6
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 6
ORDINANCE NO. XX – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE PLANNED DEVELOPMENT ZONING STAGE 1 DEVELOPMENT PLAN AND APPROVING A STAGE 2 DEVELOPMENT PLAN FOR
HACIENDA CROSSINGS SHOPPING CENTER
(APNs: 986-0008-009-00 AND 986-0008-010-00)
(PLPA-2022-00036)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City.
B. The Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community.
C. State law requires Housing Elements to be updated and certified by the California Department of Housing and Community Development (HCD) every eight years.
D. The City of Dublin prepared the 2023 – 2031 Housing Element in accordance with State law.
E. The Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the City’s Regional Housing Needs Allocation (RHNA), which is included as Appendix D:
Adequate Sites Analysis in the 2023 – 2031 Housing Element.
F. After accounting for pipeline projects, accessory dwelling units, and existing zoning to accommodate the RHNA, the Adequate Sites Analysis identified a “remaining need” of 755 units.
G. A portion of the remaining need is proposed to be accommodated on two parcels (APNs:
986-0008-009-00 and 986-0008-010-00) at the Hacienda Crossings shopping center (formerly known as the Santa Rita Commercial Center).
H. On January 17, 1995, the City Council adopted Resolution No. 95-02 approving a Planned Development Rezone with a Stage 1 Development Plan for the Santa Rita Commercial Center, which among other approvals, established regulations for the use, improvement, and maintenance of the property.
I. The City proposes to amend Resolution No. 95-02 to add “Multi-Family Residence” as a permitted principal land use on two parcels (APNs: 986-0008-009-00 and 986-0008-010- 00) at the Hacienda Crossings shopping center, and establish a maximum of up to 594 residential units and objective design standards for the two parcels (“the Project”). 729
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 6
J. Consistent with California Government Code Section 65352.3, 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 Planned Development Zoning Amendments. None of the contacted tribes requested a consultation within the statutory consultation periods and no further action is required.
K. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared.
L. The City prepared an Initial Study for the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings, which found there was no substantial evidence that the project would have a significant adverse effect on the environment and, therefore, pursuant to the requirements of CEQA, the City prepared a Negative Declaration, dated October 3, 2022, which reflects the City’s independent judgement and analysis.
M. The Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022.
N. The City of Dublin received no comment letters on the Initial Study/Negative Declaration.
O. On October 25, 2022, the Planning Commission reviewed the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings and adopted Resolution No. 22-14 recommending that the City Council: 1) adopt an Initial Study/Negative Declaration; 2) approve the 2023 – 2031 Housing Element and authorize Staff to submit the Housing Element to the California Department of Housing and Community Development for certification; 3) approve associated amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan; and 4) approve amendments to the Planned Development Zoning for Sites D-2 and E-2 at the Transit Center and Hacienda Crossings shopping center
P. On November 15, 2022, the City Council held a properly noticed public hearing on the Project, including the Initial Study/Negative Declaration, at which time all interested parties had the opportunity to be heard.
Q. A Staff Report, dated November 15, 2022, and incorporated herein by reference, described and analyzed the Project, including the 2023 – 2031 Housing Element, corresponding amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan, and Planned Development Zoning Stage 1 Development Plan Amendments, for the City Council.
R. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.
SECTION 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 6
1. The Planned Development (“PD”) Zoning Stage 1 Development Plan Amendment and Stage 2 Development Plan for the two parcels at the Hacienda Crossings shopping center meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that will be consistent with the General Plan and Eastern Dublin Specific Plan, as amended, and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses. The Project will allow a broader range of uses, including the potential for housing.
2. Development of the Project under the PD zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide a variety of uses for the proposed sites. The subject parcels are surrounded by residential uses to the north, by commercial development to the east and west, and by commercial development and Interstate 580 to the south.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows:
1. The PD zoning for the two parcels will be harmonious and compatible with existing and potential development in the surrounding area, will take into account adjacent land uses and will provide a wide range of amenities for the community within the development and the surrounding neighborhoods.
2. The conditions of the two parcels are physically suitable for the uses permitted through the PD zoning in terms of type and intensity of the proposed zoning.
3. The PD 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.
4. The PD zoning is consistent with and in conformance with the Dublin General Plan and Eastern Dublin Specific Plan, as amended, in that the proposed uses are compatible with the General Plan land use designation of General Commercial.
C. Pursuant to the California Environmental Quality Act, the City Council adopted Resolution No. xx-22 approving an Initial Study/Negative Declaration, prior to approving the Project.
SECTION 3. AMENDMENT TO EXISTING STAGE 1 DEVELOPMENT PLAN AND ADOPTION OF A STAGE 2 DEVELOPMENT PLAN
The Planned Development Zoning Stage 1 Development Plan for the Hacienda Crossings shopping center is set forth in Resolution No. 95-02. Amendments to the Stage 1 Development Plan and standards for the Stage 2 Development Plan for the two subject parcels (APNs: 986- 0008-009-00 and 986-0008-010-00) are set forth below.
2. The permitted principal land uses are amended to add “Multi-Family Residence.”
8.J. The required parking spaces are amended to add the following parking requirements:
731
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 6
USE PARKING REQUIRED
Residential Units Per Dublin Municipal Code Section 8.76
11. The following objective design standards shall apply to Multi-Family Residences:
The Hacienda Crossings shopping center is as a pedestrian- oriented mixed-use development with service, retail, commercial, and entertainment uses serving the daily needs of nearby residential neighborhoods and the larger community. Multi-family residential development with ground floor retail/commercial uses and residential units above is strongly encouraged on two parcels within the shopping center (APNs: 986- 0008-009-00 and 986-0008-010-00). An internal street network shall be added to the shopping center with new minimum eight-foot-wide unobstructed sidewalks to accommodate pedestrian circulation and to divide large parking areas into smaller lots.
New multi-family residential and mixed-use buildings shall:
A. Form a continuous edge along the internal street network that gives definition and scale to the street where buildings are built up to and parallel to sidewalks, except deviations may provide for outdoor dining areas, entry plazas, and other outdoor gathering areas.
B. Incorporate balconies and upper story windows that open on internal streets and other outdoor gathering areas.
C. Be designed with ground floor facades fronting internal streets with at least 60 percent transparent window surface.
D. Include colorful awnings, signage, lighting, and other architectural details along facades to emphasize the pedestrian scale and experience.
The following development standards shall apply to Multi-Family Residences:
STANDARD REQUIREMENT
Access
Building Entrance
Pedestrian Access
Service Access
At least 1 public entrance per business with street
frontage shall be provided along a façade facing the
street. Locate entrances in key retail clusters close
together.
Direct pedestrian access shall be provided from the
sidewalk and parking areas, including structured
parking, to building entrances (excluding private
service entrances).
Service access must be located a minimum of 15 feet
from storefront or residential entrances.
Density Residential units are allowed at a minimum density of 48 dwelling units per acre.
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Mixed-Use Development Ground floor retail or office shall be provided with a minimum Floor Area Ratio of 0.3.
Retail or office space shall be built along at least 80 percent of the property’s street frontage and setback
no more than 10 feet from the building setback
requirement.
Minimum height of ground floor retail/commercial to
second floor is 18 feet.
Common Useable
Outdoor Space
Common useable outdoor space for the residential
units shall be provided at a rate of 15 percent of the
site’s total area.
Height Limits 56 feet
Stories Four stories
Multi-Family Residences shall also comply with the Citywide Multi-Family Objective Design Standards.
SECTION 4. SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.
SECTION 5. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
SECTION 6. EFFECTIVE DATE
The Ordinance shall take effect upon certification of the 2023 – 2031 Housing Element by HCD.
PASSED, APPROVED, AND ADOPTED this __th day of _______ 2022, by the following vote:
AYES:
NOES:
733
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 6
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
734
Attachment 7
1 [CONFIDENTIAL – DRAFT VERSION SUBJECT TO CHANGE]
Environmental Justice Memo
“Environmental justice" is defined in California law as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (California Government Code Section 65040.12(e)).
1. Senate Bill 1000 – Environmental Justice in Local Land Use Planning Senate Bill (SB) 1000 - Environmental Justice in Local Land Use Planning (2015-2016) amended California’s Planning and Zoning Law to require local governments to identify disadvantaged communities and incorporate environmental justice (EJ) into their general plans. The purpose of SB 1000 is to provide transparent public engagement in local government planning and decision making, to reduce pollutants associated with health risk in environmental justice communities, and to promote equitable access to health-inducing benefits such as healthy food options, housing, public facilities, and recreation.
SB 1000 added to the required elements of the general plan an environmental justice element, or related goals, policies, and objectives integrated into other elements, that identifies disadvantaged communities, as defined, within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. Cities and counties are required, on or after January 1, 2018, upon the adoption or revision of two or more elements concurrently, to:
• Adopt an environmental justice element, or include related environmental justice goals, policies, and objectives integrated in other elements;
• Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities, by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity;
• Identify objectives and policies to promote civil engagement in the public decision-making process; and
• Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
2. Relevant Guidance and Related Laws
The State of California Office of Planning and Research (OPR) is required to adopt and periodically revise the State’s General Plan Guidelines (GPG) for the preparation and content of general plans for all cities and counties in California. The GPG serves as the “how-to” resource for drafting a general plan and was last updated comprehensively in 2017. OPR issues technical advisories that supplement the GPG to reflect new information or requirements. Chapter 4: Required Elements, was most recently updated, in June 735
2 2020, to incorporate Subsection 4.8, Environmental Justice Element (referred to as “EJ Guidance”).1 The GPG serves as the primary source regarding requirements, methodology, best practices, and tools for the City of Dublin (City) to form its Environmental Justice Strategy.
OPR’s EJ Guidance includes:
• A brief history of EJ in California;
• A summary of SB 1000 (2016), which established EJ requirements for general plans under Government Code Section 65302(h);
• A summary of the regulatory and policy context related to EJ; • Guidance for determining whether an EJ element or equivalent is required in a local jurisdiction, including identifying the location of disadvantaged communities (as defined in Government Code Section 65302(h)(4)(A)) as well as the nature of their environmental burdens, health risks, and needs;
• Guidance for community engagement when addressing EJ and disadvantaged communities; and • Guidance for developing EJ goals, policies, and programs that address the unique and compounded health risks in disadvantaged communities and prioritize improvements and programs that meet the needs of disadvantaged communities.
In addition to EJ Guidance, OPR established principles set forth in GPG Chapter 3: Community Engagement and Outreach, Chapter 5: Equitable and Resilient Communities, and Chapter 6: Healthy Communities.
Prior to the passage of SB 1000, the Legislature passed SB 535 (2012, de Leon) directing the California Environmental Protection Agency (CalEPA) to create and maintain an EJ Program and an EJ Task Force to facilitate the use of environmental justice considerations in compliance and enforcement programs and enhance communications with community members to maximize benefits in disproportionately impacted areas. The legislation gave CalEPA responsibility for identifying those communities.
SB 535 directed 25 percent of the proceeds from the Greenhouse Gas (GHG) Reduction Fund towards projects that provide a benefit to disadvantaged communities. In 2016, the Legislature passed Assembly Bill (AB) 1550 (Gomez), which requires 25 percent of proceeds from the GHG Reduction Fund be spent on projects located in disadvantaged communities.
1 State of California Office of Planning and Research, General Plan Guidelines, Chapter 4: Required Elements, June 2020. Available at https://opr.ca.gov/docs/20200706-GPG_Chapter_4_EJ.pdf. Accessed December 7, 2021. 736
3 3. Methodology to Determine the Existence of Disadvantaged Communities Local jurisdictions are required to incorporate EJ in their general plan if they have a disadvantaged community and are concurrently adopting or revising two or more elements of their general plan. OPR strongly encourages jurisdictions without formally defined disadvantaged communities to consider creating an optional EJ element to promote equity and protect human health in their community.
The GPG suggests the following steps in determining: 1) whether the EJ element is mandatory for a specific jurisdiction; and, if so, 2) pathways for compliance. An overview of each step is presented in Figure 1, Process for Determining and Addressing EJ Requirements, of EJ Guidance. “Disadvantaged communities” means an area identified by CalEPA pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. (Government Code Section 65302(h)(4)(A)).
The statute further defines “low-income area” to mean “an area with household incomes at or below 80 percent of the statewide median-income or with household incomes at or below the threshold designated as low-income by the [California] Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.” (Government Code Section 65302(h)(4)(C)). Based on the statutory language in Government Code Section 65302(h), there are essentially three potential definitions for a disadvantaged community. Jurisdictions have the discretion to choose which definitions to apply. Local jurisdictions are encouraged to conduct a thorough screening analysis of their planning area using all three definitions and then verify the findings with local or regional agencies and community input to ensure that disadvantaged communities are properly identified.
OPR recommends the following methods for the disadvantaged community screening analysis (see Figure 2, Recommended Screening Process for Identifying Disadvantaged Communities, within EJ Guidance which illustrates this process):
1. Map the planning area census tracts that have a combined score of 75 percent or higher in CalEnviroScreen.
2. Map the planning area census tracts at or below statewide median income.
3. Map the planning area at or below the Department of Housing and Community Development’s (HCD) state income limits and examine for disproportionate pollution burden.
4. Incorporate community-specific data and examine for additional pollution burden.
The California Communities Environmental Health Screening Tool (“CalEnviroScreen”) is a data tool developed by CalEPA’s Office of Environmental Health Hazard Assessment (OEHHA). CalEnviroScreen provides Statewide data that can be used to identify communities disproportionately impacted by, or vulnerable to, environmental pollution and contaminants. The mapping tool contains 13 indicators related to pollution burden and eight indicators that track population characteristics and other vulnerabilities.
The environmental pollution indicators include air quality and harmful emissions (including pesticides), 737
4 drinking water and groundwater, traffic, hazardous and solid waste, and toxic releases and cleanups.
Population characteristics include rates of asthma, cardiovascular disease, and low birth-weight infants, education attainment, housing burden, linguistic isolation, unemployment, and poverty. CalEnviroScreen is used by CalEPA to aid in administering environmental justice grants, promote compliance with environmental laws, prioritize site-cleanup activities and identify opportunities for sustainable economic development. It is also being used to identify disadvantaged communities in California, pursuant to SB 535, AB 1550, and Health and Safety Code Section 39711.
4. Environmental Justice Stakeholder Interviews
The GPG suggests a city conduct early community engagement during the screening process. This outreach should include and prioritize low-income communities, communities of color, sensitive populations, and tribal governments, as well as organizations focused on public health and EJ. Targeted outreach with EJ stakeholders should strive to ensure that the location of disadvantaged communities as well as the nature of their environmental burdens, concerns, and needs are accurately identified.
The City developed a list of seven agencies and other nongovernmental organizations (NGOs) that could provide relevant input.
▪ Abode HOPE Mobile Heath Clinic
▪ BACS Valley Wellness
▪ East Bay Innovations
▪ Human Services Commission
▪ Open Heart Kitchen
▪ Senior Support Program of the Tri-Valley
▪ Shepherd’s Gate
The City’s consultant, Kimley-Horn and Associates, contacted these agencies and NGOs, and conducted stakeholder interviews intended to identify potential EJ issues and opportunities in disadvantaged communities and the entire City. These discussions sought meaningful engagement with underserved populations in disadvantaged and underserved communities, the aging population, and communities who do not speak English as their primary language. Representatives from three organizations, including East Bay Innovations, the City’s Human Services Commission, and Open Heart Kitchen, agreed to participate (see Attachment A). Survey results were fairly consistent and identified populations within the City with lower-than-average income levels and/or experiencing intermittent or housing insecurity. Interviewed representatives acknowledged that the City provides multiple grants and partnerships to assist residents in need.
5. Analyses
Data was downloaded from CalEnviroScreen 4.0 and analyzed to determine if communities within Dublin meet the definition of a “disadvantaged community.” Three sets of data were used to determine the pollution burden and income level of the citizens of Dublin, at the census tract level. 738
5 In accordance with the suggested methodology (see Section 3, Methodology to Determine the Existence of Disadvantaged Communities, above), Figure 1, Screening Process for Identifying Disadvantaged Communities, presents the total pollution burden data and map the household median-income greater than the Statewide median income and those household incomes greater than the HCD’s State income limits. Each data set is described in detail below.
Figure A: Screening Process for Identifying Disadvantaged Communities As shown in the legend to Figure A, the solid shading, from dark green to yellow, represents the CalEnviroScreen scores, with green being the lowest scores. The hashing indicates those tracts with households greater than HCD’s State median income level, and the dots indicate those census tracts with households greater than the State income limit. As illustrated in Figure A, based on CalEPA’s latest data regarding the thirteen pollution burden indices and eight population characteristics, the ten census tracts within the City’s boundaries scored within the 0 to 30th percentiles of the Statewide average. Census tracts 4504, 4501.01, and 4507.52 had the highest CalEnviroScreen percentile in Dublin of 26-30 percent, meaning about 64-70 percent of the State’s census tracts experience worse environmental exposure and effects than these census tracts. In addition, based on HCD data, all ten census tracts within the City have 739
6 a median household income greater than the State median income level and they all have a median income greater than the State income limit.
As recommended in the GPG, the results from all three data sets, CalEnviroScreen, income greater than Statewide median income, and income greater than HCD’s State income limit, were combined to screen for the presence of disadvantaged communities. The results are presented in Figure A, Screening Process for Identifying Disadvantaged Communities. The ten census tracts within Dublin are greater than both the State median income levels and HCD’s State income limits. No census tracts within Dublin contain households below the State median income levels or HCD State income limits. Therefore, none of the ten census tracts within the City of Dublin meet the statutory definition of a disadvantaged community based on the combination of the CalEnviroScreen and income levels.
However, because CalEnviroScreen presents data at the census tract level, the City investigated whether smaller communities and neighborhoods that could be considered disadvantaged exist. Thus, further examination of community input and other individual pollution burden indicators was performed to complete the screening process for possible disadvantaged communities. As described in Section 4, Kimley-Horn conducted outreach where agency representatives shared their awareness of disadvantaged communities and sensitive populations in Dublin, gained primarily through the delivery of needed services. These disadvantaged communities were described as linguistically isolated, primarily elderly, and lower socio-economic levels. However, outreach did not identify substantial numbers of individuals within these communities. Furthermore, since all areas of Dublin fall in the 30th percentile (cleanest third in the State) with respect to pollution burden, the smaller existing disadvantaged communities and neighborhoods are not affected by substantial environmental pollution or other hazards.
6. Conclusion
The analyses performed in accordance with the GPG found the following:
• The combined CalEnviroScreen percentiles for all 10 census tracts in the City are below the 75 percent level established by statute (SB 1000);
• All census tracts within the City of Dublin have median household incomes at or above the State median-income level and the HCD State income limit; and • Although community outreach efforts identified specific communities of concern, they did not indicate substantial numbers of individuals within the City and none which experience disproportionally severe environmental pollution or other hazards.
Based on this analysis, the City does not have any communities meeting the definition of a disadvantaged community under SB 1000. The City has a Climate Action Plan (CAP), which establishes greenhouse gas reduction targets for 2030 and 2045 and strategies to meet these targets. Additionally, the City’s General Plan (GP) addresses water resources and energy conservation in Chapters 12 and 13 respectively.
Therefore, in accordance with SB 1000 and OPR’s guidance, the inclusion of an EJ Element, or EJ policies in other required General Plan Elements for the City, is not required. 740
7 Attachment A
Environmental Justice Outreach
Phone Surveys
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Appendix A – Environmental Justice Outreach
ENVIRONMENTAL JUSTICE PHONE INTERVIEW QUESTIONS
Name of Organization: Open Heart Kitchen
POC: Christi Williams Phone:(925) 500-8241
Interviewed: August 10th, 2022, at 9 AM
Introduction
A. What is the focus or mission of your organization?
- Equitable access to nutritious food today, while building a food secure tomorrow B. What specific communities within or outside the City of Dublin do you serve? - Underemployed, low-income seniors, lower-income families ------------------------------------------------------------------------------------------------------------------------------------------ Disadvantaged Community Identification
1. Are you aware of sensitive populations or disadvantaged communities within the City? - Yes
2. In what way would you describe this community as disadvantaged – lower socio-economic levels? linguistically isolated/non-English speakers? Primarily elderly or children? Disabilities or chronically ill?
- Can be described in terms of linguistically isolated/non-English speakers. Community is also primarily elderly.
Housing
3. Do you feel that safe and affordable housing is easily found within the City? - No, there are many people who are unhoused.
4. Is there a type of housing that the City should encourage more of? (houses, apartments, etc.) - They should build more apartments especially since there is less room now. More housing should be geared towards seniors like senior apartments so they have a place to live even with changed living situations like income, family support, etc.
5. Do you feel the City does enough to assist people in need to locate and maintain affordable housing?
- -No
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Community Character
6. Is public transit readily available to your community? - Many of their clients use public transit.
7. Are public facilities like parks and health centers are adequately available to your community? - There are lots of parks and health centers available for seniors
8. Is the infrastructure in your community (sidewalks, powerlines, etc.) adequately maintained? N/A
Quality of Life
9. Is your community directly affected by effects of pollution? Is the burden excessive, compared to other regions of the City?
N/A
10. Is your community adequately protected from/prepared for hazards such as drought, wildfires, or sea level rise?
N/A
11. Are adequate health and wellness resources focused on sensitive members of your community (e.g. seniors, young children, homeless)?
There is however, it is a matter of affordability for many people like seniors, lower-income families, and the unsheltered.
12. Are healthy, affordable food choices equally or comparably available to all, including disenfranchised members of your community?
There aren’t affordable options in general. Many seniors feel like they aren’t able to get groceries affordably, so their program Open Heart Kitchen helps tremendously with elders who usually only eat one meal. For example, many of their senior clients have voiced that the one meal received from Open Heart Kitchen can suffice for two meals within the same day as they do not eat as much food.
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Public Policy
13. Do City policies and services adequately support the needs of your community? Yes, Dublin does a dramatic job advertising because this program has been able to inform many people in the community since they are extremely busy and sometimes even have to turn people away.
14. Do City policies adequately support the growth and development of your community? N/A
15. Should the City enact more policies focused on climate change preparedness? Environmental pollution?
N/A
16. Are potential issues or concerns within your community easily communicated with the City? Are those issues adequately addressed?
N/A
17. Are resources like public meeting notices and environmental documents adequately made available to you or your community?
Yes, a lot of information is passed along to the community especially to the elderly community, especially many do not use online services; however, they are still being informed.
18. Final thoughts:
OHK noticed that there is a very large Asian senior population so there’s a lot of translation services for their menus, food delivery, and assistance, etc. They have many volunteers that assist in speaking simplified Chinese and/or other languages to help communities receive their services.
Thank you for your time. If you would like more information about the Housing and Safety Element updates, please visit the City’s website under community development. 744
Appendix A – Environmental Justice Outreach
ENVIRONMENTAL JUSTICE PHONE INTERVIEW QUESTIONS
Name of Organization: Human Services Commission
POC: Anastasia Nelson Phone: (925) 833-6611
Interviewed: August 10th, 2022, at 10 AM
Introduction
A. What is the focus or mission of your organization?
- Mission: The City of Dublin Health Services Commission is dedicated to outreach, education, and collaboration to address the community’s human service needs as represented in the adopted needs assessment.
- Vision: The human services commission seeks solutions to the needs identified in the adopted needs assessment. The Commission will make recommendations to the Council on priorities for efforts that are consistent with the City Council’s adopted mission, vision, and values.
B. What specific communities within or outside the City of Dublin do you serve? - Seniors, low-income families, moderate income families ------------------------------------------------------------------------------------------------------------------------------------------ Disadvantaged Community Identification
1. Are you aware of sensitive populations or disadvantaged communities within the City? - Yes
2. In what way would you describe this community as disadvantaged – lower socio-economic levels? linguistically isolated/non-English speakers? Primarily elderly or children? Disabilities or chronically ill?
- Would be described as lower socio-economic levels and linguistically isolated (Like Asian ethnicities, non-native speakers)
Housing
3. Do you feel that safe and affordable housing is easily found within the City? - Yes
4. Is there a type of housing that the City should encourage more of? (houses, apartments, etc.) - Perhaps pushing for more multi-family housing and more ownership instead of renting opportunities for homes
5. Do you feel the City does enough to assist people in need to locate and maintain affordable housing?
- Not necessary as there is more ownership affordable housing that is needed. 745
Appendix A – Environmental Justice Outreach
Community Character
6. Is public transit readily available to your community? - Yes, there are lots of public transit available. For example, the BART train that allows many people to get around the city.
7. Are public facilities like parks and health centers are adequately available to your community? - Yes, there are lots of parks and health centers. They also have parks for disabled communities called the (All-abilities Park). These public facilities are also very impacted with people and are quite busy.
8. Is the infrastructure in your community (sidewalks, powerlines, etc.) adequately maintained? - Yes, infrastructure is pretty well maintained. The public has access online to report things for repairs. For example, See-click-fix, is a very accessible tool for people to report anything that needs to be fixed through an anonymous program.
Quality of Life
9. Is your community directly affected by effects of pollution? Is the burden excessive, compared to other regions of the City?
- Not too affected; Dublin is close to the Bay so air pollution travels more so to the central valley.
10. Is your community adequately protected from/prepared for hazards such as drought, wildfires, or sea level rise?
- Yes. Dublin San Ramon Service Districts (DSRD) will send out measures regarding water conservation and other measures to prepare the community for hazards.
11. Are adequate health and wellness resources focused on sensitive members of your community (e.g. seniors, young children, homeless)?
- Yes. Dublin works with an agency such as Axis Community Health held in Livermore to provide regular healthcare/mental health services for community members.
12. Are healthy, affordable food choices equally or comparably available to all, including disenfranchised members of your community?
- Yes, Dublin helps with healthy, affordable food choices. For example, they supported a project in Livermore for commercial kitchen called Open Heart Kitchen that helps disadvantaged communities get hot food. To help out with Open Heart Kitchen, they recently issued a $300k check to help out with their efforts on top of a previously issued check of the same value. 746
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Public Policy
13. Do City policies and services adequately support the needs of your community? - Yes, between the three cities (Tri-Valley); Dublin more closely helps with services close by through the Human Services Commission.
14. Do City policies adequately support the growth and development of your community? - Yes, because they are one of the fastest growing cities
15. Should the City enact more policies focused on climate change preparedness? Environmental pollution?
N/A
16. Are potential issues or concerns within your community easily communicated with the City? Are those issues adequately addressed?
- Yes, community members can go to main webpage of the City and find links to stay informed with departments in Dublin and easily report their issues/concerns. For example, their see-clickfix program. - Issues are adequately addressed because Dublin is a very customer service-geared city that ensures the public is informed and their needs are met.
17. Are resources like public meeting notices and environmental documents adequately made available to you or your community?
- Yes, because it’s all linked in planning commissions or requests through city clerk offices.
18. Final thoughts:
Thank you for your time. If you would like more information about the Housing and Safety Element updates, please visit the City’s website under community development. 747
Appendix A – Environmental Justice Outreach
ENVIRONMENTAL JUSTICE PHONE INTERVIEW QUESTIONS
Name of Organization: East Bay Innovations
POC: Tom Heinz Phone: (510) 301-4724
Interviewed: August 11th, 2022, at 4 PM
Introduction
A. What is the focus or mission of your organization?
- Supporting people with disabilities to live on their own and to secure employment B. What specific communities within or outside the City of Dublin do you serve? - Communities throughout Alameda County
------------------------------------------------------------------------------------------------------------------------------------------ Disadvantaged Community Identification
1. Are you aware of sensitive populations or disadvantaged communities within the City? - Yes
2. In what way would you describe this community as disadvantaged – lower socio-economic levels? linguistically isolated/non-English speakers? Primarily elderly or children? Disabilities or chronically ill?
- People with disabilities often are extremely low income and need access to supportive services
Housing
3. Do you feel that safe and affordable housing is easily found within the City? - No
4. Is there a type of housing that the City should encourage more of? (houses, apartments, etc.) - Apartments
5. Do you feel the City does enough to assist people in need to locate and maintain affordable housing?
- N/A
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Community Character
6. Is public transit readily available to your community? - Yes, but important for housing to be located on transit lines
7. Are public facilities like parks and health centers are adequately available to your community? - Yes
8. Is the infrastructure in your community (sidewalks, powerlines, etc.) adequately maintained? - N/A
Quality of Life
9. Is your community directly affected by effects of pollution? Is the burden excessive, compared to other regions of the City?
- No
10. Is your community adequately protected from/prepared for hazards such as drought, wildfires, or sea level rise?
- It is not too protected as smoke during wildfires can be very difficult for people with chronic health conditions.
11. Are adequate health and wellness resources focused on sensitive members of your community (e.g. seniors, young children, homeless)?
- Yes
12. Are healthy, affordable food choices equally or comparably available to all, including disenfranchised members of your community?
- No
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Public Policy
13. Do City policies and services adequately support the needs of your community? - Not by the City itself
14. Do City policies adequately support the growth and development of your community? - No
15. Should the City enact more policies focused on climate change preparedness? Environmental pollution?
- Yes
16. Are potential issues or concerns within your community easily communicated with the City? Are those issues adequately addressed?
- N/A
17. Are resources like public meeting notices and environmental documents adequately made available to you or your community?
- N/A
18. Final thoughts:
Thank you for your time. If you would like more information about the Housing and Safety Element updates, please visit the City’s website under community development. 750
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 29, 2022
Kristie Wheeler, Assistant Director
Community Development Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Kristie Wheeler:
RE: City of Dublin’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Dublin’s (City) draft housing element received for review on May 31, 2022, along with revisions received on July 25, 2022 and August 15, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on July 7, 2022 with Michael Cass, Principal Planner and consultants Bill Wiseman and Ines Galmiche. In addition, HCD considered comments from Tom Evans, South Bay YIMBY, and Building Industry Association of the Bay Area (BIA) pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites are completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly Attachment 8
751
Kristie Wheeler, Assistant Director
available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication the housing element team provided during the review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Ayala, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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City of Dublin’s 6th Cycle Draft Housing Element Page 1 August 29, 2022
APPENDIX
CITY OF DUBLIN
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Enforcement and Outreach: The element includes a general statement that the City complies with State and local fair housing laws; however, it should provide discussion to support this statement such as listing some state and federal housing laws and describing how the City complies with these laws. For more information on fair housing laws, please see HCD’s guidance (p. 28) at https://www.hcd.ca.gov/affirmativelyfurthering-fair-housing.
Integration and Segregation: While the element adds additional information and data, it must analyze this data for trends over time, patterns across census tracts, and coincidence with other components of the assessment of fair housing. Additionally, the element must evaluate patterns on a regional basis, comparing the City within the TriValley subregion and Alameda County or bay area region as a whole. This analysis should particularly emphasize disparities in income compared to the region and include appropriate programmatic responses to encourage housing mobility and promote new affordable housing opportunities, regardless of the regional housing need allocation (RHNA).
Racially Concentrated Areas of Affluence (RCAA): While the element adds information for HCD’s AFFH Data Viewer, the element must also include an analysis regarding the presence of a RCAA in the jurisdiction. The analysis should evaluate the patterns and changes over time at a local (e.g., neighborhood to neighborhood) and regional level (e.g., City to Tri-Valley and City to County).
Disproportionate Housing Need: While the element adds data regarding homelessness counts over the past five years, it should include meaningful analysis from this data, including disproportionate impacts on protected characteristics (e.g., race, family, 753
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disability), patterns of need and access to opportunities, including services, and transportation.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element includes some discussion of the number of sites by concentrations of socio-economic characteristics. However, this approach to whether identified sites affirmatively further fair housing does not account for where the sites are located. The analysis should address the number of units by all income groups, and location (e.g., neighborhood, planning area, census tract), discuss any isolation of the RHNA by income group and evaluate the magnitude of the impact on existing concentrations of socio-economic characteristics by area. The analysis should be supported by local data and knowledge and other relevant factors and address overlapping fair housing issues with other components of the assessment of fair housing (e.g., segregation and integration, concentrated areas of poverty, disparities in access to opportunity).
Local Data and Knowledge: The element includes some code enforcement data and public outreach, but generally does not meet this requirement. The element must incorporate public outreach into the evaluation of fair housing. For example, the element includes public comment about how the City needs more affordable housing and then another public comment to not build apartments. These comments could be incorporated into the discussion of segregation and integration, explaining a high need for housing choices but then opposition to address that could contribute to the disparities of incomes when comparing the City to the broader region. Further, the City could utilize other sources of local data and knowledge to supplement the data and mapping including planning documents such as locally adopted ordinances, other elements of the general plan, infrastructure assessments, and mobility assessments to fully describe the impacts on fair housing patterns and trends.
Other Relevant Factors: While the element adds general information regarding redlining and anti-displacement policies, the element should complement federal, state, and regional data with other relevant factors. Other relevant factors include describing historical zoning and land use practices, the presence of any CC&Rs (or lack thereof), Camp Parks, and local, state, federal investments in Dublin, such as any community improvement plans, Bay Area Rapid Transit (BART), and the expansion of Dublin east of Dougherty Blvd to fully analyze factors related to fair housing issues in the City. This analysis should discuss how other relevant factors affect the patterns and disparities in access to opportunities in the City and region.
Contributing Factors: The element mentions fair housing issues and goals and priorities from the analysis on fair housing. However, these issues and goals do not appear adequate to facilitate the formulation of significant and meaningful action to AFFH. The element should re-assess and prioritize contributing factors upon completion of analysis and make revisions as appropriate.
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing 754
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factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitments, milestones, geographic targeting, and metrics and given that most of the City is considered a higher-income community, the element should focus on programs that enhance housing mobility and encourage the development of more affordable housing choices in an inclusive manner.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Realistic Capacity: The element does not meet this requirement. Currently, the element (pp. D-9 and D-10) state the City calculated unit capacity on sites, there is no supportive information to justify buildout assumptions. While the element provides assumptions of buildout for sites included in the inventory, it must also describe the specific trends, factors, and other evidence that led to the assumptions. For some sites, the City appears to list the maximum density allowed in a zone multiplied by the size of the parcel. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and the current or planned availability and accessibility of sufficient water.
In addition, the element must account for the likelihood of 100 percent nonresidential uses in zones that allow 100 percent nonresidential uses or are designed for nonresidential uses. The analysis should discuss what zones allow 100 percent nonresidential uses, the presence or absence of any performance standards requiring residential uses, recent trends of all development in these zones, how often 100 percent nonresidential uses occurs, and account for that likelihood in the calculation of residential capacity.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. The analysis shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. For example, Sites 18-20 are identified with existing big box store and parking lot uses, but no analysis was provided to demonstrate whether these existing uses would impede residential development of these sites. Additionally, Sites 23 and 25 have existing residential uses on the site. The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for residential development within the planning period. The element can summarize past experiences converting 755
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existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. The element could also consider indicators such as age and condition of the existing structure expressed developer interest, low improvement to land value ratio, and other factors.
Accessory Dwelling Units (ADU): The element projects 248 ADUs over the planning period which well exceeds recent production (15 units per year). While the element includes Program B-7 (ADUs) with a few actions to promote ADUs, the element should reduce the number of ADUs assumed per year (e.g., 20 units per year) and utilize more recent information on permitted units to support realistic assumptions.
Large Sites: While the element states large sites will only use ten acres of buildable acreage to accommodate lower-income RHNA, it must still provide analysis regarding the development of housing for lower-income households on large sites where the acreage exceeds ten acres. For example, the element should describe how development will work on site, including opportunities and timing for specific-plan development, further subdivision, parceling, site planning or other methods to facilitate appropriately sized sizes and encourage the development of housing affordable to lower-income households on the identified site within the planning period. Absent sufficient evidence that sites of equivalent size with affordability were successfully developed during the planning prior planning period or other evidence that demonstrates the suitability of these sites, the large sites are deemed inadequate to accommodate housing for lower-income households. Based on the outcomes of this analysis, the element should add or modify programs.
Publicly-Owned Sites: Pursuant to Government Code section 65583, subdivision (c)(1), rezones to accommodate a shortfall must occur within three years of adoption of the housing element. While Program C.1 (Sites Inventory and RHNA Monitoring) states rezoning strategies will occur within three years of the January 31, 2023 submittal deadline, Program B.16 (Publicly-Owned Lands) states has a timeframe of three to five years. Program B.16 should include a specific commitment to facilitate development on these sites in the planning period. For example, instead of stating the City will coordinate with the Alameda County Surplus Property Authority within three to five years, the element should include the actual schedule and the actual actions with timing necessary to allow development in the planning period, including any known impediments to development (e.g., leasing, surplusing). In addition, Program C.1 or B.16 should include actions to facilitate development such as zoning, outreach with developers, incentives, fee waivers, priority processing, and financial assistance.
Therefore, the City must amend Program B.16 to address the timing inconsistency and include the relevant development actions described herein, or identify additional sites to ensure available sites for the planning period.
Environmental Constraints: While the element generally concludes that identified sites are not environmentally constrained, it should also discuss whether there are any other 756
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known conditions precluding development on identified sites (e.g., irregular shapes, leases, contamination, title conditions, lawsuits) and add or modify programs as appropriate.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element includes a discussion of capacity and a program to modify parking requirements but it should also list all development standards and evaluate compliance with state requirements, including any constraints on the development of emergency shelters.
• Transitional and Supportive Housing: Transitional and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) The element must demonstrate compliance with these requirements or add or revise programs that comply with the statutory requirements.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: While the element describes development standards and some land use controls, it must also analyze those land use controls for impacts on housing supply (number of units), costs, financial feasibility, timing, approval certainty and ability to achieve maximum densities without exceptions (e.g., conditional use permits, variance, planned development).
In addition, the element concludes parking requirements are not an impediment to development; however, no analysis or supporting information was provided. The element should address parking requirements for multifamily development, particularly the covered or garaged parking requirement plus guest parking space for smaller bedroom types for impacts on cost, supply, housing choice, and financial feasibility and include programs to address identified constraints.
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City of Dublin’s 6th Cycle Draft Housing Element Page 6 August 29, 2022
Processing and Permit Procedures: While the element now describes that most residential development requires a site development review and lists the approval body and required findings, it must also analyze the impacts on housing supply, cost, timing and approval certainty. For example, the element notes site development reviews are subject to planning commission approval but should also discuss the typical number of hearings and whether projects often are subject to subsequent submittal. Also, some listed approval findings appear subjective and should be evaluated for impact approval certainty, costs and timing.
In addition, the element generally describes a Planned Development (PD) Zoning District Ordinance process but must analyze this process for impacts on supply, cost, financial feasibility, timing and approval certainty. For example, the analysis should clearly state whether the Planned Development process is mandatory or optional, whether the burden of establishing zoning and development standards typically rests with the City or developers, particularly on identified sites, impacts of the PD Zoning Ordinance’s process to obtain a Stage 2 Development Plan, the potential for projects to be subject to a referendum under the Ordinance, any additional legislative approvals and any other requirements or mechanisms that may act as a constraint. For your information, a zone that lacks fixed development standards is not zoning and is considered a constraint on development and may not be utilized toward the RHNA unless a program is added to establish zoning and development standards pursuant to Government Code section 65583 (c)(1). In addition, the element must also describe the Ordinance’s compliance with state housing laws, including, but not limited to, SB 330’s five-hearing limit, time limits associated with the Permit Streamlining Act, and any additional constraints that might only be resolved through litigation under the Housing Accountability Act, creating an additional constraint on residential development. The element must add or modify programs to address this constraint on development.
Inclusionary Housing: While the element describes the City’s inclusionary requirements, it should also describe how the City’s inclusionary requirements work with other state housing laws, such as State Density Bonus Law.
Constraints on Housing for Persons with Disabilities: The element must evaluate constraints on housing for persons with disabilities, as follows:
• Reasonable Accommodation: The element indicates a reasonable accommodation is subject to a zoning clearance and must meet various development standards like design compatibility, setbacks and lot coverage. The element further describes no requests have occurred in recent years and applicants may utilize the planned development process – a highly complicated and costly discretionary process that takes a year. First, the lack of requests is not an indicator that the current process works and is more an indicator the process acts as a constraint. Second, a reasonable accommodation is intended as an exception process to zoning, development standards and any other land use controls to provide access to housing for persons with disabilities. Contrarily, the City requires requests for exceptions to meet development standards. This 758
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process is a clear constraint on housing for persons with disabilities and the element must add or modify programs to establish an appropriate process. • Definition of Family: The element defines a family as “one or more persons occupying a dwelling and living as a single, nonprofit housekeeping unit, including any servants”. The element distinguished this definition from a group occupying a boarding house, community care facility, supportive or transitional housing when configured as group housing, hotel or motel, club, fraternity, or sorority house. These housing types should not be excluded from residential zones, most notably low-density zones, which can constrain the availability of housing choices for persons with disabilities. The element should analyze the definition of family and exclusion of several housing types as a potential constraint for persons with disabilities and add or modify programs as appropriate.
4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).) Approval Times: The element mentions requirements to analyze the length of time between application approval and building permits and then concludes projects are constructed in a reasonable time. However, to better inform the analysis and policies and programs, the element must identify the actual length of time between receiving approval for housing development and submittal of application for building permits and discuss any hindrances on construction.
B. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and address the goals of the housing element, programs must be revised with discrete timelines (e.g., month and year), including for Program A.4 (Condominium Conversion Ordinance), Program A.5 (Preserve and Monitor Affordable Units At-Risk of Converting to Market Rate), Program B.4 (Inclusionary Zoning), Program B.5 (Commercial Linkage Fee), Program B.7 (Accessory Dwelling Units and Junior Accessory Dwelling Units), Program B.9 (NonVacant Adequate Sites to Satisfy By-Right Requirements of AB 1397), Program B.11 (Transitional and Supportive Housing), Program B.12 (Single-Room Occupancy), Program B.15 (Replacement Housing), Program B.16 (Publicly-Owned Lands), Program 759
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B.17 (Community Care Facilities), Program C.2 (Safety Element and Environmental Justice Policies), Program D.3 (Emergency Shelters), Program D.4 (Monitoring of Development Fees), Program E.1 (Affirmatively Further Fair Housing), Program E.2 (Equal Housing Opportunity), Program E.4 (Low-Barrier Navigation Centers), Program E.5 (Housing for Persons with Developmental Disabilities), Program E.6 (Farmworker and Employee Housing), and Program E.7 (First-Time Homebuyer Loan Program).
Additionally, all programs should be evaluated to ensure meaningful and specific actions, objectives, and commitments. Programs containing unclear language (e.g., “consider”; etc.) should be amended to include specific and measurable actions. These programs include Program B.12 (Single-Room Occupancy).
In addition, many program actions involve a review of existing standards, procedures, and practices, and additional actions “as necessary” or “if needed”. However, the programs should list the specific trigger for additional action, such as the amount of code enforcement cases in Program A.3 (Code Enforcement) or the pace of condominium conversions for Program A.4 (Condominium Conversion Ordinance). The element should review all programs with such language, and describe what action, or lack thereof, would trigger additional program changes.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09... (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City must add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
In addition, the element must be revised as follows:
Adequate Sites: The element describes a shortfall of sites (p. D-15) and indicates rezoning will occur to accommodate the RHNA. While the element includes Program C.1 (Sites Inventory and RHNA Monitoring), it must specifically commit to acreage, allowable densities and anticipated units. In addition, if necessary, to accommodate the housing needs of lower-income households, programs should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).
Publicly-Owned Sites: As previously described, Program B.16 must be revised to ensure sites on publicly-owned land are made available within three years of the beginning of the planning period. This program should commit to a schedule of actions for development, such as coordinating with developers, making zoning available, issuing requests for proposals, facilitating subsequent entitlement and issue permits. 760
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The program should also include a numeric objective consistent with the assumptions in the sites inventory.
Large Sites: The element must add a program to facilitate the development of lowerincome housing on sites with an acreage of more than ten acres. This program should include a schedule of actions to facilitate parceling and zoning consistent with site inventory assumptions on appropriately sized sites (e.g., 1 to 10 acres).
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings A3 and A4, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
In addition, Program B.17 (Community Care Facilities) should commit to amend zoning to allow these uses in all zones allowing residential uses.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs.
5. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
Program A.5 (Preserve and Monitor Affordable Units At-Risk of Converting to Market Rate) should be revised to commit to proactively seeking funding for units at-risk of converting to market rate uses.
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C. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element describes the public input received through the community outreach process, it generally describes why changes are not needed instead of responding with revisions. The City should re-consider public comments and make changes to the element. 762
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Planning Application Number: PLPA-2022-00036
Attachment 9
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Table of Contents
Project Background 1
Project Title..................................................................................................................................1 Lead Agency .................................................................................................................................1 Contact.........................................................................................................................................1 Project Location & Setting ...........................................................................................................1 Purpose and Regulatory Context.................................................................................................1 Prior CEQA Analysis......................................................................................................................2 General Plan Land Use Designations............................................................................................2 Zoning Designations.....................................................................................................................3 Description of the Project............................................................................................................3 Existing Zoning Sites.....................................................................................................................7 Summary of the Project...............................................................................................................7 Basis for the Impact Analysis .......................................................................................................9 Other Public Agencies Whose Approval Is Required .................................................................10 Environmental Factors Potentially Affected 11
Determination 12
Aesthetics...................................................................................................................................13 Agricultural and Forestry Resources..........................................................................................16 Air Quality ..................................................................................................................................17 Biological Resources...................................................................................................................20 Cultural Resources.....................................................................................................................23 Energy ........................................................................................................................................24 Geology and Soils.......................................................................................................................25 Greenhouse Gas Emissions........................................................................................................27 Hazards and Hazardous Materials .............................................................................................28 Hydrology and Water Quality ....................................................................................................31 Land Use and Planning...............................................................................................................34 Mineral Resources .....................................................................................................................35 Noise ..........................................................................................................................................35 Population and Housing.............................................................................................................37 Public Services............................................................................................................................38 Recreation..................................................................................................................................41 Transportation ...........................................................................................................................41 764
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Tribal Cultural Resources...........................................................................................................43 Utilities and Service Systems .....................................................................................................44 Wildfires.....................................................................................................................................47 Mandatory Findings of Significance 48
List of Figures
Figure 1(a-c): 2023-2031 RHNA Sites Inventory Map
List of Tables
Table 1: Summary of Sites Inventory
Table 2: Existing and Proposed General Plan and Zoning Summary Table 3: Dublin Housing Element GPA/Rezone Properties Land Use Summary 765
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Dublin 2023-2031 Housing Element
Initial Study
Project Background
Project Title
Dublin 2023-2031 Housing Element
PLPA-2022-00036
Lead Agency
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
Contact
Michael P. Cass
Principal Planner
Phone: 925-833-6610
[email protected]
Project Location & Setting
The City of Dublin (City) is located in the San Francisco Bay Area in the eastern portion of Alameda County, California. The City of Pleasanton is located to the south, the City of San Ramon is located in to the north, and unincorporated Alameda County land is located to the east and west. Interstate 580 forms the southern boundary of the City and Interstate 680 bisects the western portion of the City in a north-south direction.
The project site includes the entirety of the City of Dublin as it relates to implementation of the Housing Element in general. Additionally, there are three sites in the proposed Housing Element that would require amendments to the General Plan, Specific Plans, Rezoning, or a combination thereof (as described below). These sites are shown in Figures 1a -c: 2023 – 2031 RHNA Sites Inventory Map.
Purpose and Regulatory Context
The Housing Element is a State-mandated chapter of the City’s General Plan. The purpose of the Housing Element is to identify and plan for the City’s existing and projected housing needs of all economic segments of the community. The Housing Element contains a detailed outline and work program of the City’s goals, policies, programs, and objectives that preserve, improve, and ensure housing for a sustainable future. Each eight-year planning cycle, the City is allocated 766
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a specific number of housing units to plan for – this is referred to as the Regional Housing Needs Allocation (RHNA), determined by the Association of Bay Area Governments (ABAG). The RHNA quantifies current and future housing growth for all cities and counties within the ABAG region. Through research and analysis, the Housing Element identifies available candidate housing sites and establishes policies and programs to accommodate the RHNA. The Housing Element is a critical tool for the City to plan for growth within the community over the eightyear cycle, between 2023 and 2031.
Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study (IS) is conducted by a lead agency to determine if a project may have a significant effect on the environment (CEQA Guidelines Section 15063[a]). If there is substantial evidence that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in accordance with CEQA Guidelines Section 15064(a). However, if the lead agency determines the impacts are, or can be reduced to, less than significant, a Mitigated Negative Declaration (MND) or Negative Declaration (ND) may be prepared instead of an EIR (CEQA Guidelines Section 15070[b]). Pursuant to CEQA Guidelines Section 15070, an MND or ND is appropriate when the project’s Initial Study identifies potentially significant effects, but:
Revisions to the project were made that would avoid or reduce the effects to a point where clearly no significant effects would occur; and
There is no substantial evidence that the project, as revised, may have a significant effect on the environment.
This Initial Study, prepared by the City of Dublin, determined that the project would not have a significant environmental effect, and the preparation of an EIR is not required. Furthermore, no impacts were identified that would require mitigation; therefore, a Negative Declaration can be prepared.
Prior CEQA Analysis
Prior CEQA analysis that are incorporated herein by reference include the following: 1) Dublin General Plan EIR (February 1984); 2) Downtown Dublin Specific Plan EIR (2010); 3) Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 4) Dublin Transit Center EIR (2001); and 5) Santa Rita Commercial Center Project (subsequently renamed Hacienda Crossing) IS/ND (1995).
General Plan Land Use Designations
The Dublin General Plan (1994, as amended) provides for a range of land use designations in the City that can accommodate residential units. These include:
Residential
Rural Residential/Agriculture (one dwelling unit [du] per 100 gross residential acres) Estate Residential (0.01 - 0.8 du/acre [ac])
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Low-Density Single Family (0.5 - 3.8 du/ac)
Single Family Residential (0.9 - 6.0 du/ac)
Medium-Density Residential (6.1 - 14.0 du/ac)
Medium/High-Density Residential (14.1 - 25.0 du/ac)
High-Density Residential (25.1+ du/ac)
Specific Plan Districts
Downtown Dublin - Village Parkway District
Downtown Dublin - Transit-Oriented District
Downtown Dublin - Retail District
Dublin Crossing
Commercial/Industrial
General Commercial (as part of a mixed-use development) Neighborhood Commercial (as part of a mixed-use development) Campus Office (as part of a master planned mixed-use development) Mixed-Use
Mixed Use 2/Campus Office
Medium/High-Density Residential and Retail Office
Zoning Designations
A significant portion of the City of Dublin is subject to Planned Development (PD) zoning through which one or more properties are planned as a unit with development standards tailored to the site. Many of the existing PD zoned properties allow residential development.
Other zones that allow residential development (permitted outright) include:
Single-Family Residential (R-1)
Two-Family Residential (R-2)
Multi-Family Residential (R-M)
Description of the Project
Under state law, every city and county in California must prepare a Housing Element as part of its General Plan. The Housing Element must document in detail existing conditions and projected needs in accordance with state housing law provisions. The Housing Element is also required to contain goals, policies, programs, and quantified objectives that address housing needs over the next eight-year period. The proposed 2023–2031 Housing Element will serve as 768
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the City’s guiding policy document to meet future needs of housing for all the City’s economic groups and will replace the existing 2015-2023 Housing Element.
Unless stated otherwise in the following analysis, the terms “project” and “proposed project” refer to the adoption of the 2023–2031 Housing Element, associated amendments to the General Plan, including the Land Use Map and Seismic Safety and Safety Element. The project also includes amendments to the Downtown Dublin Specific Plan and Eastern Dublin Specific Plan and associated changes to the City’s Zoning Map.
The Housing Element consists of a comprehensive update to the City’s 5th Cycle Housing Element of the City’s General Plan. The Housing Element identifies residential sites adequate to accommodate a variety of housing types for all income levels and needs of special population groups, defined under state law (California Government Code Section 65583). The Housing Element also analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies and programs that promote housing opportunities for all persons.
California Government Code, Section 65588(a)(2), Review and Revision, requires that a proposed Housing Element review the goals, policies, programs, and objectives of the existing Housing Element, and report on the attainment and disposition of the programs. In some instances, the programs from the previous Housing Element are continued through to the 2023–2031 Housing Element. Many existing programs have been amended and continue to reflect current conditions in the City as described in Chapter 2: Housing Plan of the 2023-2031 Housing Element.
The Housing Element is required to identify sites by income category to meet the City’s RHNA.
The sites identified in the Housing Element represent the City’s ability to accommodate housing at the designated income levels during the 2023-2031 planning period.
Adequate Sites Analysis
As described in Appendix D: Adequate Sites Analysis of the Housing Element, the City’s 2023- 2031 RHNA can be accommodated through a variety of methods, including:
Projects in the pipeline
Future development of accessory dwelling units (ADUs) Capacity on existing, residentially-zoned sites
Identification of land to rezone to accommodate remaining RHNA Table 1: Summary of Sites Inventory shows the City’s 2023-2031 RHNA by income category and the number of units that would be provided by each of these methods. 769
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Table 1: Summary of Sites Inventory
Extremely
Low-/Very
Low-Income
LowIncomeModerateIncome
Above
ModerateIncome Total
RHNA (2023-2031) 1,085 625 560 1,449 3,719
Projects in the Pipeline and ADUs
Projects in the Pipeline 535 210 2,104 2,849
Accessory Dwelling Units 96 48 16 160
Existing Zoning
Downtown Dublin 190 50 0 240
Vacant 5th Cycle Sites 0 252 0 252
Public/Semi-Public Sites 134 0 0 134
Total Potential Capacity
Based on Existing GP and
Zoning
324 302 0 626
Strategies to Accommodate Remaining Need
Alameda County Surplus
Properties
358 0 357 715
Hacienda Crossings 297 0 297 594
SCS Property 100 0 0 100
Additional Rezone
Capacity 755 0 654 1,409
Sites Inventory Total
Total Units (All Categories) 1,710 560 2,774 5,044
After utilizing pipeline projects, ADUs, and existing residentially zoned land, the City has a remaining unmet housing need of 755 very low- and low-income units. To accommodate this remaining need, the City has identified a total of 24.8 net buildable acres that will require a General Plan Amendment (GPA), Specific Plan Amendment (SPA), and/or rezone, namely: 1) Alameda County Surplus Property Authority Sites (APNs 986-0034-014-00 and 986-0034-012- 00); 2) Hacienda Crossings Shopping Center (APNs 986-0008-009-00 and 986-0008-010-00); and 3) SCS Dublin (APN 985-0051-006-00), which are described below. Collectively, these properties are identified as the “Remaining Needs Sites” and are shown in Figures 1a -c: 2023 – 2031 RHNA Sites Inventory Map.
In addition, the City has proposed amendments to the Downtown Dublin Specific Plan to exclude two sites and a pipeline project, totaling 416 units, that are identified in the Sites Inventory to meet the City’s RHNA from the Downtown Dublin Development Pool as further discussed below.
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Remaining Needs Sites
Alameda County Surplus Property Authority
The Alameda County Surplus Property Authority sites are located south of Dublin Boulevard, west of Arnold Road, and north and south of Martinelli Way. The two vacant parcels, which are owned by the Alameda County Surplus Property Authority, total 19.7 acres, of which 13.82 acres are buildable due to the approval of a Westin Hotel on the southern 5.88 acres of the site.
Per the Housing Element Sites Inventory, 10.8 acres are identified for future residential development, allowing the remaining approximately three acres to be developed with another compatible use.
The project’s proposed density of 66 dwelling units per acre is comparable to the average residential density within the broader Dublin Transit Center, and is based on existing development trends, proximity to high-capacity transit, and coordination with the property owner. In total, the 10.8 acres could accommodate 715 units, of which 358 units are estimated to be affordable to lower-income households and 357 units to above moderate-income households.
To accommodate housing on the two sites, the project includes: 1) a General Plan Amendment and Eastern Dublin Specific Plan Amendment to change the land use designation from Campus Office to Campus Office/High-Density Residential; and 2) a Planned Development (PD) Rezone to allow residential use.
Hacienda Crossings
The Hacienda Crossings sites (formerly known as the Santa Rita Commercial Center) are bound by Dublin Boulevard, Toyota Drive, Hacienda Crossings, and Hacienda Drive and comprise two parcels totaling 21.2 acres. The 21.2 acres are part of the total retail site (75+ acres), which currently consist of one-story retail uses and surface parking.
Of the 21.2 acres, only 12.4 acres are identified as buildable acreage for future residential development. The two parcels are envisioned to develop with residential units at an average density of 48 dwelling units per acre, which is similar in density to the nearby Waterford Place Apartments. In total, the 12.4 acres could accommodate up to 594 units, of which 297 units are estimated to be affordable to lower-income households and 297 units to above moderateincome households.
To accommodate housing on the two sites, the project includes a Planned Development (PD) Rezone to allow residential uses.
SCS Dublin Affordable Housing Site
On February 15, 2022, the City Council approved a Preferred Plan for the SCS Dublin property, which is a vacant 76.9-acre property located north of Interstate 580 between Tassajara Road and Brannigan Street and extending to the north of Gleason Drive. The Preferred Plan includes a 2.5-acre site for affordable housing that contemplates between 70 and 150 units to 771
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accommodate a portion of the lower-income RHNA. For the purposes of this Initial Study, the SCS Dublin affordable housing site is envisioned to include 100 high-density affordable housing units at a density of 40 dwelling units per acre. A separate SCS Dublin Draft EIR was prepared based on the Preferred Plan.
Although the General Plan land use designation for the site of General Commercial allows housing as part of a mixed-use development, the project includes: 1) a General Plan Amendment and Eastern Dublin Specific Plan Amendment to change the land use designation from General Commercial to Public/Semi-Public; and 2) a PD Rezone to allow an affordable residential project.
Existing Zoning Sites
Downtown Dublin
The Downtown Dublin Specific Plan establishes development standards and design guidelines to create a mixed-use center that provides a wide array of opportunities for shopping, services, dining, working, living, and entertainment in a pedestrian-friendly and aesthetically pleasing setting that attracts both local and regional residents. Downtown Dublin consists of 284 acres and the Specific Plan designates three districts: Village Parkway, Transit-Oriented, and Retail.
Although all three districts allow residential development, only the Transit-Oriented and Retail Districts allow development at a density of at least 30 dwelling units per acre. Transit-Oriented District. The Transit-Oriented District is zoned to allow a minimum residential density of 30 dwelling units per acre with a maximum of 85 dwelling units per acre.
Retail District. The Retail District is zoned to allow a minimum residential density of 22 dwelling units per acre and has no maximum density.
Residential development within the Downtown Dublin Specific Plan is governed by a “Development Pool,” whereby a property owner/developer must request residential units from the Development Pool in exchange for entering into a Community Benefit Program Agreement.
The Development Pool is comprised of 2,500 units and has a projected remaining balance of 796 units. Two sites and a pipeline project, totaling 416 affordable lower-income units are identified in the Sites Inventory to help meet the City’s RHNA. To facilitate the development of these units, Program B.9 in the Housing Plan specifies that these units will not be subject to the Development Pool, nor a Community Benefit Program Agreement.
The project includes an amendment to the Downtown Dublin Specific Plan to implement Program B.9.
Summary of the Project
The existing and proposed General Plan land use changes are summarized in Table 2: Existing and Proposed General Plan and Zoning Summary. The proposed net new residential 772
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development associated with the project is shown in Table 3: Dublin Housing Element GPA/Rezone Properties Land Use Summary.
Table 2: Existing and Proposed General Plan and Zoning Summary Rezone Property
Existing GP
Land Use
Proposed GP
Land Use
Existing
Zoning
Proposed
Zoning
Alameda County Surplus Property
Authority Sites CO CO/HDR PD PD
Hacienda Crossings GC GC1 PD PD
SCS Dublin Affordable Housing Site GC P/SP PD PD
CO: Campus Office
GC: General Commercial
HDR: High-Density Residential
P/SP: Public/Semi-Public
PD: Planned Development
Table 3: Dublin Housing Element GPA/SPA/Rezone Properties Land Use Summary Property
Gross
Acreage
Buildable
Acreage
Rezone
Density /
Acre
Net Potential
Units
Alameda County Surplus Property
Authority Sites 19.8 10.8 66 715
Hacienda Crossings 21.2 12.4 48 594
SCS Dublin Affordable Housing Site 2.5 2.5 40 100
Total 43.5 24.7 1,409
Discretionary permits and future CEQA evaluation may be required prior to approval of future housing development facilitated by the Housing Element, except for development permitted by right such as projects seeking streamlined, ministerial approval under SB 35. This also includes emergency shelters, low barrier navigation centers, and small licensed residential care facilities for six or fewer persons. ADUs and Junior ADUs are also exempt from CEQA, pursuant to State CEQA Guidelines Section 15268 (Ministerial Projects) and Public Resources Code (PRC) Section 1 The General Commercial designation allows mixed use projects incorporating retail, service, and/or office uses, with residential uses also allowed as part of the mix when location and design ensure compatibility.
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21080(b)(1) and discretionary permits per California Government Code (CGC) Sections 65852.2 and 65852.22. In addition, ADUs can be categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301 and 15303, authority cited under PRC Sections 21083 and 21087.
Basis for the Impact Analysis
The impact analysis in this Initial Study is focused on the changes that would occur as a result of implementation of the project. With the exception of the Alameda County Surplus Properties sites, residential land uses are permitted under the General Plan and Eastern Dublin Specific Plan on the other two Remaining Needs Sites to meet the City’s RHNA for lower-income households. Thus, this Initial Study analyzes the change in land use on the Alameda County Surplus Properties sites and the addition of residential development on the Hacienda Crossings and SCS Dublin Affordable Housing sites. In addition, the analysis takes into consideration the two sites and one pipeline project in Downtown Dublin Specific Plan area that would not be subject to the Development Pool and, therefore, would increase residential development allowed in Downtown Dublin.
The impact analysis takes a conservative approach and assumes that the increase in residential development would be allowed with implementation of the 2023-2031 Housing Element and there would be net new development with no credit given for development that would otherwise be allowed under existing General Plan and Specific Plan land use designations and/or zoning. As such, the assumptions used in this Initial Study analyze the incremental change of a projected 1,825 additional units and 5,457 people over the eight-year Housing Element cycle and is within the City’s General Plan buildout assumptions of 83,595 people by 2040.
Note that the 1,825 additional residential units represent the maximum units allowed on the three Remaining Needs Sites and the units that would not be subject to the Downtown Dublin Specific Plan Development Pool.
For the purpose of this Initial Study, no new residential development projects are being proposed and the project does not authorize the construction of any particular development.
This Initial Study only evaluates implementation of the Housing Element’s policies and programs and changes in allowable land use, all with the intent of providing more affordable housing, consistent with State law. Future development would be required to comply with all City regulations and CEQA, as applicable.
Additionally, all sites identified in the Housing Element to meet the City’s remaining RHNA are located in existing urban areas of the City that already have substantial infrastructure improvements and are already served by the respective public services providers.
As such, potential future development would be typical of an urban environment and consistent with the overall intent of the City’s General Plan. This line of reasoning is applied to the impact analysis throughout the subsequent environmental analysis. 774
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Other Public Agencies Whose Approval Is Required
California Department of Housing and Community Development (for the Dublin 2023-2031 Housing Element)
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Environmental Factors Potentially Affected
The environmental factors that would be potentially affected by this project are:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfires
Mandatory Findings of Significance
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Determination
On the basis of this initial evaluation:
I find that the project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the project MAY have a potentially significant or a potentially significant unless mitigated impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the project, nothing further is required.
X
CITY OF DUBLIN
_____________________ _____________________________
Michael P. Cass, Principal Planner Date
October 3, 2022
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Aesthetics
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than Significant
Impact with Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic
vista? X
b) Substantially damage scenic resources,
including but not limited to trees, rock
outcroppings, and historic buildings within a
state scenic highway?
X
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
X
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
X
Environmental Setting
Project Impacts and Mitigation Measures
(a and b) Scenic vistas, views, and resources
Dublin is visually dominated by urban areas in the lower and flatter elevations, and expanses of grassland and rolling hills in higher elevated open space intermixed with some limited residential development.
Land within the City of Dublin generally consists of flat land with a distinct but gentle slope from north to south, towards the I-580 freeway. No major visual features (hillsides and ridges or watercourses) exist on the Remaining Needs Sites.
Scenic corridors consist of land visible from the highway right-of-way and is comprised primarily of natural features and landforms. Scenic corridors are defined as corridors that possess highly scenic and natural features, as viewed from the highway. Topography, vegetation, viewing distance, and/or jurisdictional lines determine the corridor boundaries.
Scenic highways and routes in and around Dublin include I-580, I-680, San Ramon Road, Dougherty Road, Tassajara Road, Doolan Road, and Fallon Road. No scenic resources exist on the Remaining Needs Sites, including but not limited to significant stands of trees, rock outcroppings, or bodies of water.
Scenic vistas and views are protected through several guiding policy documents and regulatory requirements. The Dublin General Plan includes the following applicable policies:
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Policy 10.5.3.A: Incorporate distinctive design features along regional corridors that reinforce a positive image of Dublin. Both within the right-of-way and on adjacent private development, utilize features such as gateway elements, street trees, median planting, special lighting, separated and ample sidewalks, crosswalks, seating, special signs, street names, landscape, decorative paving patterns, and public art. Consider undergrounding utilities along these roadways.
Policy 10.5.3.B: Maintain views through development to distant vistas (i.e. foothills) and view corridors along regional corridors, wherever feasible. Policy 10.5.3.C: Incorporate visual screening techniques such as berms, dense and/or fast-growing landscaping, and appropriately designed fencing where feasible, to ensure that visually challenging features, such as parking lots, loading docks, storage areas, etc. are visually attractive as seen from regional corridors. Policy 10.5.3.D: Provide landscaping and articulated design to soften the visual appearance of existing and new walls and fences that are adjacent to regional corridors, wherever feasible.
Policy 10.5.3.E: Encourage attractive and high-quality landscaping along the edge of the freeways and development surrounding on- and off-ramps to provide softer and more attractive views both to and from the freeways. Landscaping on private property should complement the buildings and overall site design.
The EDSP recognizes Tassajara Road as a scenic corridor and requires that major ridgelands be maintained from scenic corridors. The EDSP goals and policies encourage development that maintains views from scenic corridors to Visually Sensitive Ridgelands, as shown in EDSP Figure
6.3: Environmental Constraints.
The Eastern Dublin Scenic Corridor Policies and Standards identifies the view looking northeast to the ridgelands from the Tassajara Road overpass as a designated viewpoint within the project area. Per the Eastern Dublin Scenic Corridor Policies and Standards, implementation of development shall maintain generally uninterrupted views and have structures that do not extend above the horizon of the Visually Sensitive Ridgelands for more than 25 percent of the total horizon line (the limits of the Visually Sensitive Ridgelands as seen from Viewpoint 2). It also requires development projects to submit a scenic design analysis as part of the Tentative Map and Site Development Review Permit application process for all development projects within 700 feet of Tassajara Road, Fallon Road, and I-580.
Future residential development would be required to demonstrate consistency with the policies and standards described above as part of their respective development review and permitting process. As such, the proposed project would not adversely affect any scenic vista, view or resource, and there would be no impact.
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(c) Substantially degrade the visual character of the site or surrounding area While the Housing Element encourages the provision of a range of housing types and affordability levels, it does not include any specific designs or proposals for development that would degrade the existing visual character of the City. Future development implemented through the policies of the Housing Element and associated land use changes would have the effect of incrementally changing the visual character in the City.
Future development would be subject to applicable General Plan policies and zoning regulations related to height, mass and scale, architectural style, materials, landscaping, and a variety of other standards that would ensure consistency with the visual character of their surrounding areas. All future projects would also be subject to subsequent CEQA analysis, as applicable. There are no policies in the Housing Element or land use changes which either permit or promote development in areas that are not currently developed with existing uses and/or are surrounded by urban development.
Therefore, the project would not substantially degrade the visual character or quality of the surrounding area, and there would be no impact.
(d) Create a new source of substantial light or glare
Outdoor lighting when viewed at night can result in glare that can be defined as “excessive, uncontrolled brightness” from a luminaire. Glare can also occur during the day due to light reflecting off building materials such as highly polished metal and reflective glass. Inappropriate installation of light and reflective materials in future housing could result in effects on nighttime and daytime views through scattering excessive light in the viewers’ eyes, causing a partial or complete inability to see due to light scattering in the eye. The effects of excessive light and glare can result in nuisance impacts ranging from viewer annoyance or an inability to see features in the night sky, to health and safety impacts such as temporary blindness while operating a motor vehicle.
The project does not directly include any specific development designs or proposals that would increase daytime glare or nighttime illumination in the City. Future development implemented through the policies of the Housing Element and associated land use changes would result in new sources of light and glare. Outdoor lighting would be required in parking lots and pedestrian pathways for security purposes as well as accent lighting in landscaping and architectural features. Indoor lighting would also likely be visible through windows. Lighting associated with vehicle travel to and from the Remaining Needs Sites would also be generated.
Future housing developed to meet local and regional housing needs would be subject to the City’s Municipal Code regulating the installation and operation of lighting. Implementation of the lighting requirements of the General Plan and Municipal Code would ensure that lighting is appropriately designed to provide necessary security while not creating undue nuisance or hazards for people at surrounding properties or on roadways in the vicinity of the Remaining Needs Sites. Additionally, Citywide Multi-Family Objective Design Standard 3.7.E requires all building-mounted and site light fixtures for multi-family residences to be fully shielded. 780
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Furthermore, future housing would be reviewed as part of the Site Development Review Permit application process to limit the use of highly reflective materials, thereby minimizing the potential for daytime glare.
Therefore, the project would not directly create a new source of substantial light or glare, and there would be no impact.
Agricultural and Forestry Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
2. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Dept. of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment project and the Forestry Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Aire Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to nonagricultural use? X
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
X
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as
defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
X
e) Involve other changes in the existing environment
which, due to their location or nature, could
result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use?
X
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Project Impacts and Mitigation Measures
(a-e) Convert farmland, conflict with zoning, loss of forest land The Housing Element does not propose any land use change or rezoning of agricultural uses or forest land. In addition, the Housing Element does not propose any specific development that would result in the conversion of farmland to non-agricultural use. Furthermore, no Williamson Act Land Conservation Contract lands or forest land presently exist on the Remaining Needs Sites, nor are any agricultural operations on-going.
Therefore, the project would not directly convert farmland, conflict with zoning or result in the loss of forest land, and there would be no impact.
Air Quality
Project Impacts and Mitigation Measures
(a) Consistent with air quality plans
Dublin is located within the San Francisco Bay Area Air Basin (Air Basin), which includes Alameda County, Contra Costa County, Marin County, Napa County, San Francisco County, San Mateo County, and Santa Clara County. The Air Basin composes of an area of approximately 5,340 square miles in the San Francisco Bay Area.
The Bay Area Air Quality Management District (BAAQMD) is responsible for local control and monitoring of criteria air pollutants throughout the Air Basin. BAAQMD, in coordination with Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG), is also responsible for developing, updating, and implementing the Bay Area Clean Air
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is non- attainment under an applicable
federal or state ambient air quality standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations?
X
e) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?
X
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Plan for the basin. A Clean Air Plan is a plan prepared and implemented by an air pollution district for a county or region designated as nonattainment of the national and/or California Ambient Air Quality Standards. The term non-attainment area is used to refer to an air basin where one or more ambient air quality standards are exceeded. The BAAQMD 2017 Clean Air Plan was approved by the Air Resources Board and is an integral part of the State Implementation Plan.
If a project is inconsistent with the growth assumptions of the regional air quality attainment plans, then it would conflict with or obstruct the implementation of such plans. Projects that result in unplanned population growth, as identified in local general plans and/or community plans, would be considered inconsistent with the respective Clean Air Plan. As described in the Population and Housing section, the project would not induce substantial unplanned population growth within the City as the future development of new housing units over the eight-year cycle (to 2031) would be consistent with ABAG’s 2040 population estimate of 83,595, as used in the 2017 Clean Air Plan.
Therefore, future development would be required to comply with air quality plans, and the project has no impact.
(b) Violate air quality standards or cause cumulatively considerable air pollutants Future residential development would result in an increase in criteria pollutants during construction activities, such as excavation and grading, and operational activities. However, residential developments are not considered a source of emission, such as odors, that would adversely affect a substantial number of people.
Operational emissions generated by both stationary and mobile sources would result from normal daily activities as part of the occupation of future residential development. Stationary area source emissions would be generated by the consumption of natural gas for space and water heating devices, the operation of landscape maintenance equipment, generators, and the use of consumer products. Mobile emissions would be generated by motor vehicles traveling to and from future residential development.
BAAQMD has set its CEQA significance thresholds based on trigger levels for the federal New Source Review (NSR) Program and BAAQMD’s Regulation 2, Rule 2 for new or modified sources.
The NSR Program was created by the Federal Clean Air Act (FCAA) to ensure that stationary sources of air pollution are constructed or modified in a manner that is consistent with attainment of health-based National Ambient Air Quality Standards (NAAQS). NAAQS establish the levels of air quality necessary, with an adequate margin of safety, to protect public health.
Therefore, projects that do not exceed BAAQMD’s mass emissions thresholds would not violate any air quality standards or contribute substantially to an existing or projected air quality violation and no criteria pollutant health impacts.
According BAAQMD’s 2017 Clean Air Plan, the major air quality improvements achieved over the past several decades have greatly benefited public health in the Bay Area, even as the region’s population, the amount of motor vehicle travel, and economic output have all grown 783
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substantially. Population exposure to unhealthy ozone levels declined dramatically. In 1986– 1988, the average Bay Area resident was exposed to unhealthy ozone concentrations 213 hours per year. Exposure to unhealthy ozone levels (ozone exceeding the state one-hour standard of 95 parts per billion) has been reduced to less than one hour per year during the 2012–2014 period, an overall reduction of 99.8 percent.2 Ozone levels are decreasing because of the mandated controls on motor vehicles and the replacement of older polluting vehicles with lower-emitting vehicles. Nitrogen oxide (NOX) emissions (an ozone precursor) from electric utilities have also decreased due to the use of cleaner fuels and renewable energy.
The 2017 Clean Air Plan control strategy includes 85 control measures to reduce multiple pollutants and serve both to protect public health and to protect the climate. With continued implementation of the control measures, the 2017 Clean Air Plan projects continued reductions in emissions and ambient concentrations of ozone and particulate matter (PM) and decreases in population exposure to the most harmful air pollutants, such as fine PM and toxic air contaminants (TACs), in impacted communities.
In addition to BAAQMD, air quality standards are protected through a number of General Plan policies. In particular, Implementing Policy 7.5.1.A.2 requires an air quality analysis for new development projects that could generate significant air emissions on a project and cumulative level and Guiding Policy 13.3.2.A which encourages the installation of energy efficient improvements and alternative energy technology in new residential and commercial development. Additionally, Implementing Policy 13.3.2 requires the installation of conduit to serve electric vehicle parking spaces and encourages the installation of charging stations.
Future residential development would also be required to meet NAAQS and BAAQMD thresholds during construction and operation. Measures such as dust control and equipment type are applied to grading or clearing permits.
Future development associated with the project would also be subject to environmental review pursuant to CEQA. as applicable, and the City’s local procedures to determine if any long-term air quality impacts would occur from the operation of a specific new development. As such, future implementation of the project would not result in a cumulative net increase of any criteria pollutant in which the project region is in nonattainment under federal and state ambient air quality standards.
Therefore, the project would not directly violate air quality standards or cause cumulatively considerable air pollutants, and there would be no impact. 2 Bay Area Air Quality Management District, Clean Air Plan 2017, page 2/24, 2017. 784
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(c-d) Expose sensitive receptors to pollutant concentrations or create objectionable odors A sensitive receptor is defined by BAAQMD as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples include schools, hospitals and residential areas.
The Air Basin is designated as attainment for carbon monoxide (CO). Emissions and ambient concentrations of CO have decreased dramatically in the Air Basin with the introduction of the catalytic converter in 1975. No exceedances of the California Ambient Air Quality Standards (CAAQS) or NAAQS for CO have been recorded at nearby monitoring stations since 1991.
Future development would result in an increase in criteria pollutants during construction activities, such as excavation and grading, and operational activities. However, residential developments once operational are not considered a source of emission, such as odors, that would adversely affect a substantial number of people.
Future development would be required to comply with local regulations such as the General Plan policies related to air quality, conform with the 2017 Clean Air Plan, and meet NAAQS and BAAQMD thresholds during construction and operation. Compliance with these policies and regulations is part of the construction rather than entitlement process. Measures such as dust control and equipment type are applied to grading or clearing permits.
Therefore, the project would not directly expose sensitive receptors to pollutant concentrations or create objectionable odors, and there would be no impact.
Biological Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special-status species in local or
regional plans, policies, or regulations,
or by the California Department of
Fish and Wildlife or U.S. Fish and
Wildlife Service?
X
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, regulations,
X
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ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
or by the California Department of
Fish and Wildlife or U.S. Fish and
Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or other
means?
X
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or impede
the use of native wildlife nursery
sites?
X
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or state habitat conservation
plan?
X
Project Impacts and Mitigation Measures
(a-d) Substantial adverse effect on candidate, sensitive, or special status species; natural habitats and wetlands, migratory fish or wildlife.
The Housing Element itself does not specifically authorize the construction of any housing development, nor does it indicate when specific housing projects would occur. The Housing Element is a policy document that addresses the housing need in the City; no actual development is proposed as part of the Housing Element. The project would not result in the approval of any physical improvements. Future development would be subject to projectspecific environmental review pursuant to CEQA, as applicable. 786
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Furthermore, existing applicable federal, state, and/or local policies would prevent future development in areas that support sensitive or special status species, federally protected wetlands, or migration corridors. Applicable regulations include the Federal Endangered Species Act, Section 404 of the Clean Water Act, the California Endangered Species Act, and Sections 2050 through 2098 of the California Fish and Game Code.
Therefore, the project would not directly cause a substantial adverse effect on candidate, sensitive, or special status species, natural habitats and wetlands, migratory fish or wildlife, and there would be no impact.
(e) Conflict with local policies or ordinance including tree preservation or any adopted habitat conservation or natural community conservation plans.
The Dublin General Plan includes a number of policies designed to protect and preserve biological resources, particularly in riparian and stream corridors (Guiding Policies 7.2.1.A.1 and
7.2.1.A.2) and protection of oak woodlands (Guiding Policy 7.4.1.A.1).
Additionally, the Eastern Dublin Specific Plan contains a number of policies and programs associated with biological resources that would potentially apply to future development projects. These include:
Policy 6-16: To ensure long-term protection, high- value habitat areas either should be dedicated as public open space or restricted from potentially harmful development and activities with deed restrictions and design standards. Policy 6-17: Impacts to sensitive wildlife species that occur in the planning area will be avoided wherever possible. Mitigation programs will be required as necessary to reduce or eliminate impacts on special status species.
Policy 6-21: Direct disturbance or removal of trees or native vegetation cover should be minimized and should be restricted to those areas actually designated for the construction of improvements.
Program 6L: The City shall require development applicants to conduct a preconstruction survey within 60 days prior to habitat modification (clearing construction and road site, etc.) to verify the presence or absence of sensitive species, especially the San Joaquin kit fox, nesting raptors, the red-legged frog, western pond turtles, the California tiger salamander, and other species of special concern.
The protection of heritage trees in the City of Dublin is covered by Dublin Municipal Code (DMC) Chapter 5.6 Heritage Trees. DMC Sections 5.60.080 to 5.60.100 include tree protection regulations. A tree permit is required for the removal of any heritage tree on public or private property. Furthermore, the City may require additional conditions barring the issuance of a tree removal permit including that one (1) or more replacement trees be planted of a designated species, size, and location. The proposed project does not modify these requirements and they would continue to apply to future development projects. 787
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There are no adopted habitat conservation plans (HCPs) or natural community conservation plans (NCCPs) within the City.
Therefore, the project would not directly conflict with local policies or ordinance include tree preservation or any adopted habitat conservation or natural community conservation plans, and there would be no impact.
Cultural Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as
defined in CEQA Guidelines section
15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to section 15064.5?
X
c) Disturb any human remains, including
those interred outside of dedicated
cemeteries?
X
Project Impacts and Mitigation Measures
(a-c) Historic and archaeological resources
The Housing Element is a policy-level document that encourages the provision of a range of housing types and affordability levels but does not include specific development proposals.
There are no known historic resources located on any of the Remaining Needs Sites. According to the SCS Dublin Draft EIR, there are no cultural resources on the SCS Dublin Affordable Housing Site.
Where applicable, future project development would be reviewed to ensure that conflicts with existing known cultural and historical resources are minimized. Additionally, construction activities associated with future development have the potential to uncover archaeological resources, including human remains found outside of cemeteries. Guiding Policy 7.7.1.A.2 of the General Plan requires that all development projects follow state regulations as set forth in 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. The Eastern Dublin Specific Plan also includes policies related to the protection of cultural resources, notably Policies 6-24 through 6-25. DMC Section 8.48.020 Archaeology Regulations identifies 788
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procedures in the event that archaeological resources, prehistoric or historic artifacts are discovered during any construction or excavation.
While this information can be provided as part of the CEQA process, the code provisions apply even if the construction or activity is otherwise ministerial or exempt from CEQA. Section 15300.2(f) of the CEQA Guidelines prohibits the use of an exemption if the project affects historical resources.
Therefore, the project would not directly affect historic and archaeological resources, and there would be no impact.
Energy
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
6. Energy. Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation??
X
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
X
Project Impacts and Mitigation Measures
(a-b) Consumption of energy and energy efficiency plans Short-term construction and long-term operational activities resulting from future development would result in energy consumption. Construction activities would consume energy to power electric-operated equipment; during transportation of construction equipment, vehicles, and construction employee passenger vehicles; and in the form of construction materials that would need to be manufactured. During operation activities, energy would be consumed for building operations (such as ventilation, heating/cooling, operation of electrical systems, etc.), and transportation of vehicles.
However, the project does not provide site-specific designs or development proposals and would not directly result in the approval of any physical improvements. Therefore, no direct consumption of energy would occur. Future development would result in more efficient consumption of electrical and natural gas energy as new structures would be required to be constructed in accordance with current energy regulations, such as Title 24 standards and applicable CALGreen requirements which are stricter than previous regulations. 789
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California’s Energy Efficiency Standards for Residential and Non-residential Buildings create uniform building codes to reduce California’s energy consumption and provide energy efficiency standards for residential and non-residential buildings. These standards are incorporated within the California Building Code and are expected to substantially reduce the growth in electricity and natural gas use. For example, requirements for energy efficient lighting, heating and cooling systems, and green building materials are expected to save additional electricity and natural gas.
Therefore, the project would not directly result in the consumption of energy nor conflict with energy efficiency plans, and there would be no impact.
Geology and Soils
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
7. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or
death involving:
X
i) 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?
X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure,
including liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or
the loss of topsoil? X
c) 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 onor off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
X
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ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
d) 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?
X
e) 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?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
X
(a-f) Geologic resources
Construction of new housing could increase exposure for people and structures to seismic hazards, including rupture of a fault, strong seismic shaking, and seismic-related ground failure.
Similarly, future development could result in construction on expansive or erosive soils, or be proposed in areas subject to landslide or collapse.
The General Plan addresses geology and soils as part of the Seismic Safety and Safety Element, and the City has adopted the California Building Code (CBC) that includes provisions for construction in seismically active areas, and on different soil types. The City ensures that compliance with these requirements occurs at the time of building permit issuance.
The Housing Element includes an inventory of sites to accommodate the City’s RHNA, but it does not propose development projects. The project does not change the requirement that all existing and future development in the City must comply with the General Plan policies and the CBC, which includes the requirement to prepare a design-level geotechnical investigation for all future development projects.
No specific development is proposed, and no changes to policies resulting in increased erosion would occur. Continued adherence to the standards of the existing CBC and compliance with the National Pollutant Discharge Elimination System (NPDES) permit and Storm Water Pollution Prevention Plan (SWPPP) requirements, as well as implementation of best management practices (BMPs), would limit impacts related to soil erosion. Additionally, all future development would be required to implement BMPs for construction activities to control and minimize the volume of surface runoff.
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All future development projects must comply with all City, state, and federal standards pertaining to stormwater run-off and erosion.
Therefore, the project would not directly affect geologic resources, and there would be no impact.
Greenhouse Gas Emissions
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
8. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
X
b) Conflict with applicable plan, policy
or regulation adopted for the
purpose of reducing the emissions
of greenhouse gases?
X
Project Impacts and Mitigation Measures
(a, b) Generate greenhouse gas (GHG) emissions or conflict with GHG plans or regulations The proposed project does not include specific development designs or development proposals.
Future development of housing units could result in an increase in greenhouse gas (GHG) emissions during both construction and operational activities; however, development must be consistent with the General Plan and with regional plans that are based on the land use pattern of the General Plan.
Future development as a result of the project would occur in urban areas of the City where public services and infrastructure are currently provided. This development would include direct emissions from area and mobile sources, and indirect GHG emissions from energy consumption, water demand, and solid waste.
Existing regulations would apply to any future residential development, including the California Green Building Standards Code and California’s Title 24 Building Energy Efficiency Standards, and Title 20 standards which include minimum levels of operating efficiency, and other costeffective measures, to promote the use of energy- and water-efficient appliances. Compliance with the CBC would be implemented during the building permit process and would be verified as part of building permit issuance and construction inspections. 792
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Additionally, future residential development would be required to include additional energy efficiency and GHG reduction design features per City’s Climate Action Plan 2030. The purpose of the CAP 2030 is to meet the State’s 2030 GHG emissions reductions target of at least 40 percent below 1990 levels by 2030. The CAP 2030 identifies GHG reduction strategies and measures that relate to renewable and carbon‐free energy, building efficiency and electrification, sustainable mobility and land use, materials and waste management, and municipal leadership. The CAP 2030 is a qualified GHG Reduction Strategy under CEQA, which can be used to determine the significance of GHG emissions from a project (CEQA Guidelines Section 15183.5). BAAQMD also recognizes the use of a CAP as a significance threshold for a project’s GHG emissions. Therefore, the project does not change these requirements and future projects would be required to be consistent with the CAP 2030.
Therefore, the project would not directly generate greenhouse gas (GHG) emissions or conflict with GHG plans or regulations, and there would be no impact.
Hazards and Hazardous Materials
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the
public or the environment through
the routine transport, use, or
disposal of hazardous materials?
X
b) 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?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste
within ¼ mile of an existing or
proposed school?
X
d) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant to
Government Code Section 65962.5
and, as a result, would it create a
significant hazard to the public or
the environment?
X
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ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
e) For a project located within an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or
public use airport, would the project
result in a safety hazard for people
residing or working in the project
area?
X
f) Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?
X
Project Impacts and Mitigation Measures
(a and b) Transport, use, release, or disposal of hazardous materials The Housing Element is a policy-level document that encourages the provision of a range of housing types and affordability levels but does not include specific development proposals. To the extent there are potentially hazardous materials used in construction or during operations associated with future residential development projects, there would be no impacts due to compliance with all applicable regulatory requirements. These include federal regulations such as the Toxic Substances Control Act/Resource Conservation and Recovery Act/Hazardous and Solid Waste Act, the Occupational Safety and Health Administration’s (OSHA) Hazardous Waste Operations and Emergency Response Standard, as well as state regulations including the Hazardous Waste Control Act and numerous regulations as administered through the Department of Toxic Substance Control and the California Office of Emergency Services.
Future residential development would not result in the transport, use or disposal of hazardous materials, since residential development does not use, store or transport significant quantities of hazardous materials.
Therefore, the project would not directly result in the transport, use, release, or disposal of hazardous materials, and there would be no impact.
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(c) Emit hazardous materials within one-quarter mile of an existing or proposed school The project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within on-quarter mile of an existing or proposed school since the expansion of uses would not involve the handling of hazardous materials, as described above.
Therefore, the project would not directly emit hazardous materials within one-quarter mile of an existing or proposed school, and there would be no impact. (d) Listed as a hazardous materials site
The project does not propose any physical change on the environment. Implementation of the project would have no direct effect on any known or potential hazardous material sites. Future development would be required to comply with all relevant regulations regarding the cleanup of hazardous sites, as regulated through the California Department of Toxic Substance Control.
Therefore, the project would not directly affect listed hazardous material sites, and there would be no impact.
(e) Proximity to a public or private airport
Portions of the City are located within the Livermore Airport’s Airport Safety Zone, Airport Protection Area, and/or Airport Influence Area. Implementation of the policies and programs identified in the Housing Element would not conflict with airport’s Airport Land Use Compatibility Plan (ALUP). Additionally, the Remaining Needs Sites are not located in proximity to the Airport Safety Zone, Airport Protection Area and/or Airport Influence Area and, therefore, would not cause a significant safety hazard.
Therefore, the project would not directly affect public or private airports, and there would be no impact.
(f) Impair the implementation of an emergency response plan or emergency evacuation plan No emergency evacuation plan would be affected by the proposed project since no roadways would be blocked or otherwise altered.
Therefore, the project would not directly impair implementation of an emergency response plan or emergency evacuation plan, and there would be no impact. (h) Expose people or structures to wildland fires
As further discussed in the Wildfire section below, the project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.
Therefore, the project would not expose people or structures to wildland fires, and there would be no impact.
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Hydrology and Water Quality
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
10. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or ground water quality?
X
b) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the
basin??
X
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of
a stream or river through the addition
of impervious surfaces, in a manner
which would:
X
i) Result in substantial erosion or
siltation on- or off-site? X
ii) Substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or offsite?
X
iii) 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?
X
iv) Impede or redirect flood flows? X
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
X
e) Conflict with or obstruct
implementation of a water quality
X
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ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
control plan or sustainable
groundwater management plan?
Project Impacts and Mitigation Measures
(a) Violate water quality or waste discharge requirements The Housing Element is a policy-level document that encourages the provision of a range of housing types and affordability levels but does not include specific development proposals. Any future development project, including development on the Remaining Needs Sites, would be required to be designed to treat all of its stormwater runoff for water quality and hydromodification management to meet current Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, Provision C.3 requirements as prescribed in the Municipal Regional NPDES Permit issued by the San Francisco Bay Regional Water Quality Control Board.
Therefore, the project would not directly violate water quality or waste discharge requirements, and there would be no impact.
(b) Substantially deplete or interfere with groundwater supplies The project is within the Livermore Valley Groundwater Basin, which extends about 14 miles from the Pleasanton Ridge east to the Altamont Hills and about three miles from the Livermore Upland north to the Orinda Upland. The Alameda County Flood Control and Water Conservation District, known as Zone 7, extracts groundwater from the Livermore Valley Main Groundwater Basin (Main Basin), which contains high-yielding aquifers and good quality groundwater. The Main Basin has an estimated storage capacity of approximately 254,000 acre feet (af). The California Department of Water Resources (DWR) has not identified the Main Basin as a basin in overdraft or a basin expected to be in overdraft. The Main Basin is considered a storage facility and not a long-term source of water supply because Zone 7 only pumps groundwater it has artificially recharged using its surface water supplies.
As such, future water sources would rely on surface water supplies from the Dublin San Ramon Services District (DSRSD) and not local groundwater supplies. The project is required to support Zone 7’s groundwater recharge program to only pump groundwater it artificially recharges using its imported surface water or locally-stored runoff from Arroyo del Valley. Compliance with this requirement would maintain groundwater at a no net loss for the Livermore Valley Groundwater Basin.
Therefore, the project would not directly result in a net increase in groundwater extraction from Livermore Valley Groundwater Basin, and there would be no impact. 797
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(c) Substantially alter existing drainage patterns
Future development would not significantly change existing drainage patterns and proposed storm drain facilities would be required to be adequately sized for project runoff. All future development projects would be required to comply with the City’s drainage system planned improvements and Watercourse Ordinance with appropriate sizing and construction of downstream facilities. Additionally, General Plan Implementing Policy 7.3.1.B.2 requires the City to review development proposals to ensure site design that minimizes soil erosion and volume and velocity of surface runoff. In addition, General Plan Guiding Polices 12.3.5.A.1 through
12.3.5.A.3 include provisions to protect the quality and quantity of surface water, and minimize stormwater runoff, and provide adequate stormwater facilities.
Therefore, the project would not directly substantially alter existing drainage patterns, and there would be no impact.
(g) Inundation by seiche, tsunami, or mudflow
The City is not located near a major body of water that could result in a seiche. The risk of potential mudflow is considered low since no historic landslides or mudflows have been identified in the City.
Therefore, the project would not directly result in inundation by seiche, tsunami, or mudflow, and there would be no impact.
(h) Conflict with water quality control or groundwater management plans Future development would be required to incorporate and comply with the drainage system master planned improvements as designed and approved by state and local agencies.
Applicable regulations include but are not limited to the Municipal Regional Stormwater NPDES Permit Provision C.3 Requirements (MRP), and the NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit). All future development projects would also be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit. General Plan Implementing Policy 7.3.1.B.1 requires the City to enforce these and other applicable water quality control regulations for all new development projects.
DSRSD, the City of Pleasanton, the City of Livermore, and the California Water Service Company have agreements with Zone 7 limiting their extraction of the long-term sustainable yield of the Main Basin. This agreement, along with Zone 7’s other groundwater management activities, keeps the groundwater budget in balance under average hydraulic conditions. Each of these entities, known as retailers, has a groundwater pumping quota (GPQ) and are responsible for a fee if they pump in excess of their GPQ.
Given these agreements, future development projects would not result in groundwater overdraft, substantial local groundwater level drawdown, or substantially redirect stormwater such that natural basin recharge would be precluded.
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Therefore, the project would not directly conflict with water quality control or groundwater management plans, and there would be no impact.
Land Use and Planning
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
11. LAND USE AND PLANNING. Would the project:
a) Physically divide an established
community? X
b) 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, local coastal program, or
zoning ordinance) adopted for the
purpose of avoiding or mitigating an
environmental effect?
X
Project Impacts and Mitigation Measures
(a) Physically divide an established community
The Housing Element is a policy-level document that encourages the provision of a range of housing types and affordability levels but does not include specific development proposals.
Projects with the potential to divide a community include highways, railways, and large building or infrastructure projects that change the street grid. Future development of the Remaining Needs Sites would be infill in existing urban areas of the City and would be incorporated within the existing street grid.
Therefore, the project would not physically divide an established community, and there would be no impact.
(b) Conflict with general plan
The Housing Element is a mandatory element of the General Plan and has been prepared to ensure consistency with it. As a policy-level document, the Housing Element encourages the provision of a range of housing types and affordability levels but does not include specific development proposals
Future development of the Remaining Needs Sites would be reviewed for consistency with the Dublin General Plan, Specific Plans and Zoning Ordinance, and any applicable land use plan, policy or regulation of an agency having jurisdiction over the project. Furthermore, future development projects would be reviewed in compliance with CEQA prior to approval, as 799
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applicable. Project and site-specific concerns would be evaluated and addressed as development projects for specific sites are proposed.
Therefore, the project would not conflict with any applicable land use plan, policy or regulation of an agency having jurisdiction over the project, and there would be no impact.
Mineral Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
12. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan, or other
land use plan?
X
Project Impacts and Mitigation Measures
(a-b) Loss of known or identified mineral resource
The City does not have any mineral extraction areas so there would be no impacts to mineral resources.
Noise
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
13. NOISE. Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
X
b) Generation of excessive groundborne
vibration or groundborne noise levels? X
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ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
c) 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, would the
project expose people residing or working
in the project area to excessive noise
levels?
X
Project Impacts and Mitigation Measures
(a-b) Exposure to or generate noise or vibration exceeding standards Noise in Dublin comes from transportation sources, including freeways, arterials, and roadways and non-transportation sources, such as commercial/industrial activities, construction equipment and various community activities. The noise environment in Dublin is dominated by vehicular traffic including vehicular generated noise along Interstates 580 and 680 and primary and secondary arterials. In addition, a number of other sources contribute to the total noise environment such as construction activities, power tools, and gardening equipment.
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. Per the City’s Land Use Compatibility for Community Noise Environments standards for residential land uses, the normally acceptable exterior noise level is 60 dBA CNEL or less, and noise levels over 70 dBA CNEL are considered normally unacceptable.
Per General Plan Implementing Policy 9.2.1.B.4, noise impacts related to all new development is required to be analyzed by a certified acoustic consultant. General Plan Implementing Policy
9.2.1.B.6 requires the City to 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.
As no specific development projects are proposed by the project, no specific noise and vibration impacts can be evaluated. Indirect construction activity associated with future potential development could result in temporary increases in noise levels. All construction activities would be required to comply with the City’s Municipal Code requirements and undergo project-level CEQA review to analyze impacts related to noise when more specific project details are known. Such compliance would reduce excessive noise levels associated with construction activities.
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Operational noise associated with future residential development would be from stationary and mobile sources similar to current urban conditions and by the nature of their use would not exceed existing standards.
Therefore, the project would not result in exposure to or generate noise or vibration exceeding standards, and there would be no impact.
(c) Excessive noise level near a public or private airport Some portions of the City are located within the Livermore Municipal Airport’s Airport Safety Zone, Airport Protection Area, and/or Airport Influence Area. However, the Remaining Need Sites would not be located in proximity to the Airport Safety Zone, Airport Protection Area and/or Airport Influence Area. Furthermore, the type of (light) aircraft, the distance to the airport, and the frequency of noise would not result in significant excessive noise level impacts to future residential uses.
Therefore, the project would not result in exposure to excessive noise level near a public or private airport, and there would be no impact.
Population and Housing
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
14. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses)
or indirectly (for example, through
extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
X
Project Impacts and Mitigation Measures
(a-b) Population growth and displacement
According to the US Census (2020), the average Dublin household size is 2.99 persons. While no specific development projects are proposed, the project includes 1,825 additional units to meet the City’s RHNA, resulting in an estimated additional population of 5,457 persons Future growth associated with the project would be within the City’s population growth forecast from 72,589 (2020 US Census population) to 83,595 by 2040 (Plan Bay Area 2040). Therefore, the project’s population growth would be consistent with the City’s population projections. 802
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Implementation of the project would accommodate additional housing and no housing units or people would be displaced as a result of the project.
Therefore, the project would not result in induced substantial population growth or result in existing housing displacement, and there would be no impact.
Public Services
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
15. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or need for new or physical altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
a) Fire protection? X
b) Police protection? X
c) Schools? X
d) Parks? X
e) Other public facilities? X
Project Impacts and Mitigation Measures
(a) Fire
The Alameda County Fire Department (“Fire Department”) provides fire protection, emergency medical services, and public assistance to the City of Dublin. The Fire Department serves approximately 508 square miles and has a service population of 394,000 people in their entire service area.
Although the addition of new residents associated with future development would increase the demand for fire services. This additional demand, which would be located within an existing urban area, has been anticipated by the Fire Department. As such, implementation of the project is not anticipated to have an adverse effect on response times for fire protection and emergency services and would not affect the Fire Department’s ability to serve the project or City at large.
The project would be required to comply with all applicable state and local building and fire codes. In accordance with California Code of Regulations Title 8 Sections 1270 "Fire Prevention" and 6773 "Fire Protection and Fire Equipment," the California Occupational Safety and Health Administration (Cal/OSHA) has established minimum standards for fire suppression and 803
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emergency medical services. The California Fire Code contains regulations relating to construction and maintenance of buildings and the use of premises. 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 future development plans for conformance with locally-defined performance standards including the California Fire Code, as adopted by the Fire Department, and California Building Code standards, and fund on-site and off-site improvements consistent with existing City regulations and requirements. The City would collect public facilities fees (per DMC Chapter 7.78) from future project applicants to help offset fire protection-related capital improvements and on-going maintenance expenses, such as ensuring adequate water supplies and pressure for fire suppression and minimizing wildland fire hazards.
Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities or need for new or physical altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives, and there would be no impact.
(b) Police
The Alameda County Sheriff’s Office provides law enforcement to the City of Dublin on a contract basis (known locally as “Dublin Police Services”). Dublin Police Services responded to 30,706 calls for service in 2020 with an average patrol response time of approximately 5.3 minutes (Dublin Police Services, 2021). This response time meets the Alameda County Sheriff’s Office standards and the industry average of five minutes.
Although the addition of new residents in the City would increase the demand for police services, implementation of the project is not anticipated to have an adverse effect on response times for police services and would not affect the ability of Dublin Police Services to serve the project.
Future development projects would be required to pay public facilities fees (DMC Chapter 7.78) to help off-set police service capital improvements and on-going maintenance expenses prior to issuance of a building permit to ensure that future projects would not cause impacts on law enforcement services.
Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities or need for new or physical altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives, and there would be no impact.
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(c) Schools
Dublin Unified School District (DUSD) provides Transitional Kindergarten (TK) through grade 12 educational services to the City of Dublin. During the 2020-2021 school year, DUSD had a total enrollment of 12,604 students, 689 certified staff members, 359 classified staff, and 65 administrators.
In accordance with Government Code Section 65995(h), future development projects would be required to pay school impact fees at the time of the building permit issuance. DUSD currently implements a Level 2 fee of $7.96 per square foot of residential development and $0.78 per square foot for commercial and industrial uses. These fees are used by DUSD to mitigate impacts associated with long-term operation and maintenance of school facilities.
Future 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 DUSD. School fees from residential and commercial uses would help fund necessary school service and facilities improvements to accommodate anticipated population and school enrollment growth within DUSD’s service area and would allow for DUSD to allocate these funds as deemed necessary.
Pursuant to Government Code Section 65995, payment of development fees is “full and complete mitigation” for impacts on schools. Therefore, there would be no impact. (d, e) Parks and other public facilities
The City of Dublin’s Parks and Recreation Master Plan establishes the goals, standards, policies, and action programs to guide the acquisition, development, and management (operations and maintenance) of Dublin’s park and recreation facilities through the ultimate build-out of the City in accordance with the General Plan.
Future residential development would increase the demand for neighborhood and community parks due to the projected increase in the population. The City’s Public Facilities Fee would be applied to future development projects, which would vary depending on the size and location of the development, and credits for the dedication of land and funding for construction of the parks.
Construction associated with future development would incrementally increase the long-term maintenance demand for roads and other public facilities. However, such additional maintenance demands would be off set by additional City fees and property tax revenues accruing to the City.
Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered parks or other public facilities or need for new or physical altered parks or other public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives, and there would be no impact.
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Recreation
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant Impact No Impact
16. RECREATION. Would the project:
a) 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?
X
b) Include recreational facilities or require the
construction or expansion of recreational
facilities which might have an adverse
physical effect on the environment?
X
Project Impacts and Mitigation Measures
(a, b) Increase the use of existing recreation facilities causing deterioration or require new recreation facilities
See the Public Services section for a discussion of recreation facilities.
Transportation
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
17. TRANSPORTATION. Would the project:
a) Conflict with a program, plan, ordinance,
or policy addressing the circulation
system, including transit, roadway, bicycle
and pedestrian facilities?
X
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision
(b)??
X
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
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Project Impacts and Mitigation Measures
(a) Conflict with applicable transportation circulations plans/standards The Housing Element is a policy-level document that encourages the provision of a range of housing types and affordability levels but does not include specific development proposals.
These sites identified in the Housing Element for future housing development are located in existing urban areas and would not change the existing street grid if developed.
Per General Plan Guiding Policy 5.9.1.A.1, prior to issuance of any building permit, a project applicant is required to pay development impact fees that would address potential traffic impacts. This requirement is independent of the CEQA process and would be unaffected by the project. In addition, any future development projects supported by the Housing Element and land use changes would be reviewed as part of development review process to ensure compliance with state, regional, and local plans.
Therefore, the project would not conflict with any program, plan, ordinance, or policy addressing the circulation system, and there would be no impact. (b) Conflict with CEQA Guidelines Section 15064.3
The Housing Element is a policy-level document that encourages the provision of a range of housing types and affordability levels but does not include specific development proposals.
Future development would be subject to project-specific environmental review pursuant to CEQA, as applicable.
Per the City of Dublin Transportation Impact Analysis (TIA) Guidelines, future development projects would be analyzed to determine if they would result in traffic impacts based on vehicle miles traveled (VMT). Section 4.2 of the City of Dublin TIA Guidelines provides criteria for land use types and intensities that can be “screened out” from requiring detailed VMT analysis because the nature of these land uses is presumed to have a less than significant VMT impact; this includes affordable housing projects. If a project contains less than 100 percent affordable housing, the portion that is affordable is screened out of needing a detailed VMT analysis.
Market-rate housing projects would be evaluated using the City’s Travel Demand Model, an area specific version of the Alameda County Transportation Commission (ACTC) Travel Demand Model, to calculate the average VMT per capita. The threshold of significance is defined at 15 percent below the regional average, or 24.7 miles. As part of the development review process, all future residential projects would be analyzed per the City’s TIA Guidelines to ensure consistency with CEQA Guidelines Section 15064.3.
Therefore, the project would not conflict with CEQA Guidelines Section 15064.3, and there would be no impact.
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(c) Substantially increase hazards due to a design feature or result in inadequate emergency access
Future development projects would be reviewed to ensure that design features would not increase hazards nor result in inadequate emergency access. General Plan Guiding Policies
5.2.2.A.1, 5.2.2.A.3, 5.2.3.A.1, and 5.4.3.A.1 and Implementing Policy 5.2.2.B.2 would require pedestrian and vehicular design to ensure there is adequate emergency access. In addition, the City’s Bicycle and Pedestrian Plan as well as applicable City roadway and fire design standards would be implemented, as applicable, as part of the development review process.
Therefore, the project would not substantially increase hazards due to a design feature or result in inadequate emergency access, and there would be no impact.
Tribal Cultural Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k), or
X
b) A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria set forth
in subdivision (c) of Public Resources
Code Section 5024.1. In applying the
criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe.
X
Project Impacts and Mitigation Measures
(a) Listed or eligible for listing in the California Register of Historical Resources The Housing Element is a policy-level document that encourages the provision of a range of housing types and affordability levels but does not include specific development proposals. The Remaining Needs Sites are either undeveloped or covered with parking lots such that there are no listed or eligible for listing historical resources. 808
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Therefore, the project would not affect any historic resources listed or eligible for listing in the California Register of Historical Resources, and there would be no impact. (b) Significant resource pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1
Per Senate Bill 18, the City of Dublin sent letters to 14 California Native American Tribes regarding the project. No requests for consultation were received.
Furthermore, given the programmatic nature of the project, any future development would be required to comply with applicable regulatory requirements protecting tribal cultural resources, including Public Resources Code Section 5024.1.
Therefore, the project would not result in an substantial adverse change in the significance of a resource to a California Native American tribe, and there would be no impact.
Utilities and Service Systems
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
19. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
X
b) Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
X
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project projected demand in addition to
the provider’s existing commitments?
X
d) Generate solid waste in excess of State
or local standards, or in excess of the
capacity of local infrastructure, or
X
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ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
otherwise impair the attainment of solid
waste reduction goals?
e) Comply with federal, state, and local
statutes and regulations related to solid
waste?
X
Project Impacts and Mitigation Measures
(a, c) Wastewater treatment requirements and facilities The Housing Element is a policy document and would not result in the approval of any physical improvements.
Wastewater associated with future development would be accommodated within the DSRSD Wastewater Treatment Plant. Per the DSRSD 2017 Wastewater Treatment and Biosolids Facilities Master Plan, DSRSD’s Wastewater Treatment Plant has a total capacity of 75 million gallons per day (mgd).
Future development associated with land use changes represent a delta from their existing commercial, or mixed-use land use designation and this incremental change is not considered significant in context to the City’s General Plan buildout assumptions. Furthermore, as discussed in the Population and Housing Section, the additional population associated with the project would be consistent with the General Plan buildout projections. The DSRSD Master Plan anticipates adequate wastewater treatment capacity to meeting projected future demand during the Housing Element planning period.
General Plan Implementing Policy 4.5.1.B.1 requires that prior to project approval, developers demonstrate that adequate capacity exists in sewage treatment and disposal facilities for their projects prior to the issuance of building permits.
Eastern Dublin Specific Plan Program 9Q: Connection to Public Sewers requires all developments within the Specific Plan area to be connected to public sewers. Exceptions to this requirement, in particular septic tank systems, are allowed upon receipt of written approval from Alameda County Environmental Health Department and DSRSD.
Therefore, the project would not result in a significant impact to wastewater treatment requirements and facilities, and there would be no impact. (b) Sufficient water supplies
The Housing Element is a policy document and would not result in the approval of any physical improvements.
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DSRSD has master planned their water supply capacity, water distribution system, reservoirs and pumping in the project area in accordance with the General Plan demand levels and buildout projections as documented in the current Urban Water Management Plan (UWMP, 2020). Connection fees are based on these master plans.
General Plan Guiding Policy 12.3.1.A.1 requires the City to work with Zone 7 and DSRSD to secure an adequate water supply for, and provide water delivery to, existing and future customers in Dublin.
Per SB 610, a residential project with 500 or more units is required to prepare a Water Supply Assessment to determine water supply sufficiency for a 20-year projection in addition to the demand of existing and other planned future uses. Per SB 221, future development projects would be required to obtain written verification from DSRSD that sufficient water supply is available. This may include the use of recycled water as a way of water conservation.
Future development associated with land use changes represent a delta from their existing commercial, or mixed-use land use designation and this incremental change is not considered significant in context to the City’s General Plan buildout assumptions. Furthermore, as discussed in the Population and Housing Section, the additional population associated with the project remains consistent with the General Plan buildout projections. The UWMP anticipates adequate water supply for meeting projected future demand during the Housing Element planning period.
Therefore, the project would not result in a significant impact to water supply, and there would be no impact.
(d, e) Solid waste disposal and regulatory compliance
Approval of future development projects would incrementally increase the generation of solid waste. Over the long term, the annual rate of solid waste reaching the landfill would decrease as a result of statewide regulations mandating increased recycling and organics diversion.
General Plan Implementing Policy 4.4.1.B.3 requires that prior to project approval, the applicant must demonstrate that capacity exists in solid waste disposal facilities for their project. In addition, future development projects would be required to comply with the Dublin Municipal Code regarding solid waste, which includes DMC Chapter 5.32 - Solid Waste Management; Chapter 7.30 - Waste Management Plan; and Chapter 7.98 - Solid Waste and Recycling Enclosure Standards.
Therefore, the project would not result in a significant impact to solid waste disposal and regulatory compliance, and there would be no impact.
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Wildfires
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
20. Wildfires. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted
emergency response plan or emergency
evacuation plan??
X
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire risks,
and thereby expose project occupants
to, pollutant concentrations from a
wildfire or the uncontrolled spread of a
wildfire?
X
c) Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines or other utilities)
that may exacerbate fire risk or that
may result in temporary or ongoing
impacts to the environment
X
d) Expose people or structures to
significant risks, including downslope or
downstream flooding or landslides, as a
result of runoff, post-fire slope
instability, or drainage changes?
X
Project Impacts and Mitigation Measures
(a) Impair emergency response plan
Given the programmatic nature of the project, any future development projects would be required to comply with the City’s Wildfire Management Plan and DMC Chapter 7.32 to ensure that emergency access and response plans are not impaired. Future development would also be reviewed as part of the development review process to ensure there is adequate fire protection and emergency response access.
Therefore, the project would not impair an adopted emergency response plan or emergency evacuation plan, and there would be no impact.
(b) Pollutants or uncontrolled spread
None of the Remaining Needs Sites are located in areas mapped as a Very High Fire Hazard Severity Zone and, therefore, potential future projects would not be exposed to wildfire risk. 812
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Future development would be reviewed as part of the development review process to minimize the risk that any pollutant concentrations from wildfires.
Therefore, the project would not exacerbate wildfire risk due to slope, prevailing winds or other factors, and there would be no impact.
(c) Infrastructure
Potential future development would occur as infill, replacement, or new residential development within existing urban areas in the City. Thus, it is not anticipated that any future development projects would require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that would exacerbate fire risk or result in temporary or ongoing impacts to the environment.
Future development would be reviewed as part of the development review process to ensure that all infrastructure is constructed according to the latest City and state fire code requirements.
Therefore, the project would not exacerbate wildfire risk due to required installation or maintenance of related infrastructure, and there would be no impact. (d) Slope instability resulting in post-fire slope instability None of the Remaining Needs Sites are located areas that are subject to landslides. Therefore, potential future projects would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. As discussed in the Hydrology and Water Quality section, future development projects would be required to prepare an erosion control plan that implements slope erosion control measures during and post-construction and does not change historic drainage patterns outside of the project site.
Therefore, the project would not expose people or structures to significant risk, and there would be no impact.
Mandatory Findings of Significance
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
21 MANDATORY FINDINGS OF SIGNIFICANCE. Does the project:
a) Have the potential to degrade the quality
of the environment, substantially reduce
the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
X
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ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
below self-sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the range
of a rare or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
b) Have impacts that are individually limited,
but cumulatively considerable?
("Cumulatively considerable" means that
the incremental effects of a project are
considerable when viewed in connection
with the effects of the past projects, the
effects of other current projects, and the
effects of probable future projects.)
X
c) Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or
indirectly?
X
(a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? As discussed and analyzed in this document, the project would not degrade the quality of the environment. Additionally, for the reasons discussed in the Biological Resources section, the project would not substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal.
Further, for the reasons identified in the Cultural Resources section, the project would not substantially affect significant cultural resources, and no impacts to such resources would occur.
(b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? No impacts have been identified in this document and, therefore, there are none that would be cumulatively considerable.
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The project includes a Housing Element Update, which is a policy-level document that encourages the provision of a variety of housing types and affordability levels. The project does not include specific development proposals. All future residential development associated with the land use changes within the City would be required to conform to local regulations, including the General Plan and Dublin Municipal Code. Environmental impacts as a result of future development projects would be considered pursuant to CEQA, as applicable.
As such, this Initial Study demonstrates that there is no substantial evidence that the project may have a significant effect on the environment and, therefore, a Negative Declaration is warranted consistent with CEQA Guidelines Section 15070. (c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
The project would not result in adverse environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly.
All future residential development within the City would be required to conform to local regulations, including the General Plan and Dublin Municipal Code. Environmental impacts as a result of future development projects would be considered pursuant to CEQA, as applicable.
Therefore, the project would result in no environmental effects that would cause substantial direct or indirect adverse effects on human beings, and there would be no impact.
As such, this Initial Study demonstrates that there is no substantial evidence that the project may have a significant effect on the environment and, therefore, a Negative Declaration is warranted consistent with CEQA Guidelines Section 15070. 815
Source: Kimley
-Horn, 2022
Figure Figure 1(a): 2023-2031 RHNA Sites Inventory Map
Dublin 2023-2031 Housing Element
CEQA Initial Study
Not to scale
816
Source: Kimley
-Horn, 2022
Figure Figure 1(b): 2023-2031 RHNA Sites Inventory Map
Dublin 2023-2031 Housing Element
CEQA Initial Study
Not to scale
817
Source: Kimley
-Horn, 2022
Figure Figure 1(c): 2023-2031 RHNA Sites Inventory Map
Dublin 2023-2031 Housing Element
CEQA Initial Study
Not to scale
818
Reso. No. 22-14, Item 6.2, Adopted 10/25/22 Page 1 of 4 RESOLUTION NO. 22-14
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL: 1) ADOPT AN INITIAL STUDY/NEGATIVE DECLARATION; 2) APPROVE THE 2023 – 2031 HOUSING ELEMENT AND AUTHORIZE
STAFF TO SUBMIT THE HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR CERTIFICATION; 3) APPROVE
ASSOCIATED AMENDMENTS TO THE GENERAL PLAN, EASTERN DUBLIN SPECIFIC PLAN, AND DOWNTOWN DUBLIN SPECIFIC PLAN; AND 4) APPROVE AMENDMENTS TO PLANNED DEVELOPMENT ZONING FOR SITES D-2 AND E-2 OF THE DUBLIN TRANSIT
CENTER AND HACIENDA CROSSINGS SHOPPING CENTER
(PLPA-2022-00036)
WHEREAS, the State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City; and WHEREAS, the Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community; and
WHEREAS, State law requires Housing Elements to be updated and certified by the California Department of Housing and Community Development (HCD) every eight years; and WHEREAS, the City of Dublin prepared the 2023 – 2031 Housing Element in accordance with State law; and
WHEREAS, the Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the City’s Regional Housing Needs Allocation (RHNA), which is included as Appendix D: Adequate Sites Analysis in the 2023 – 2031 Housing Element; and WHEREAS, after accounting for pipeline projects, accessory dwelling units, and existing zoning to accommodate the RHNA, the Adequate Sites Analysis identified a “remaining need” of 755 units; and
WHEREAS, a portion of the remaining need is proposed to be accommodated on Sites D2 and E-2 (APNs: 986-0034-012-00 and 986-0034-014-00) at the Dublin Transit Center, which requires amendments to the General Plan and Eastern Dublin Specific Plan land use designations for the two sites; and
WHEREAS, on December 3, 2002, the City Council adopted Ordinance No. 21-02 approving a Planned Development Rezone with a Stage 1 Development Plan for the Dublin Transit Center, which among other approvals specified Sites D-2 and E-2 shall be developed with a Campus Office use; and
WHEREAS, amendments are proposed to Ordinance No. 21-02 to change the allowed land use on Sites D-2 and E-2 from Campus Office to Campus Office/High-Density Residential and allow up to 715 residential units on these sites; and Attachment 10
819
Reso. No. 22-14, Item 6.2, Adopted 10/25/22 Page 2 of 4 WHEREAS, a portion of the remaining need is proposed to be accommodated on two parcels (APNs: 986-0008-009-00 and 986-0008-010-00) at the Hacienda Crossings shopping center (formerly known as the Santa Rita Commercial Center) WHEREAS, on January 17, 1995, the City Council adopted Resolution No. 95-02 approving a Planned Development Rezone with a Stage 1 Development Plan for the Santa Rita Commercial Center, which among other approvals, established regulations for the use, improvement, and maintenance of the property; and
WHEREAS, amends are proposed to Resolution No. 95-02 to add “Multi-Family Residence” as a permitted principal land use on two parcels (APNs: 986-0008-009-00 and 986- 0008-010-00) at the Hacienda Crossings shopping center, and allow up to 594 units and objective design standards for the two parcels; and
WHEREAS, in accordance with Senate Bill (SB) 1035, the City prepared amendments to the Seismic Safety and Safety Element to identify flood hazards and address the risk of fire hazards in certain lands; and
WHEREAS, the 2023 – 2031 Housing Element, associated amendments to the General Plan, including the Land Use Element, and Seismic Safety and Safety Element, associated amendments to the Downtown Dublin Specific Plan and Eastern Dublin Specific Plan, and Planned Development Zoning Amendments to Sites D-2 and E-2 at the Transit Center and the Hacienda Crossings shopping center are collectively referred to as the “Project;” and WHEREAS, the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared an Initial Study for the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings to determine if they may have a significant effect on the environment; and WHEREAS, the Initial Study determined that the proposed 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings would not have any significant environmental effects and the preparation of a Negative Declaration is the appropriate CEQA document; and
WHEREAS, the Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022; and
WHEREAS, the City of Dublin received no comment letters on the Initial Study / Negative Declaration at the time the Planning Commission forwarded their recommendation to the City Council; 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 820
Reso. No. 22-14, Item 6.2, Adopted 10/25/22 Page 3 of 4 within the 90-day statutory consultation period and no further action is required under section 65352.3; and
WHEREAS, a Staff Report, dated October 25, 2022, and incorporated herein by reference, described and analyzed the Project, including the 2023 – 2031 Housing Element, corresponding amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan, and Planned Development Zoning Amendments, for the City Council; 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 following recitals are true and correct and made part of this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council:
x Adopt the Resolution, attached hereto as Exhibit 1, adopting an Initial Study/Negative Declaration; approving the 2023 – 2031 Housing Element, attached hereto as Exhibit 2, and authorizing Staff to submit it to the California Department of Housing and Community Development for certification; approving associated amendments to the General Plan, including the Land Use Element and Land Use Map, and Seismic Safety and Safety Element, attached hereto as Exhibit 3; and approving amendments to the Eastern Dublin Specific Plan;
x Adopt the Resolution, attached hereto as Exhibit 4, approving amendments to the Downtown Dublin Specific Plan;
x Adopt the Ordinance, attached hereto as Exhibit 5, approving amendments to Planned Development Ordinance No. 21-02 Stage 1 Development Plan and establishing a Stage 2 Development Plan for the Sites D-2 and E-2 of the Dublin Transit Center; and x Adopt the Ordinance, attached hereto as Exhibit 6, approving amendments to the Planned Development Resolution No. 95-02 for the Hacienda Crossings shopping center.
PASSED, APPROVED, AND ADOPTED this 25th day of October, 2022 by the following vote:
AYES: Grier, Qaadri, Thalblum, Tyler, Wright
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
821
Reso. No. 22-14, Item 6.2, Adopted 10/25/22 Page 4 of 4
Assistant Community Development Director
822
August 12, 2022
Jose Ayala
Housing Policy Specialist
Housing and Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 [email protected]
Dear Mr. Ayala:
The Building Industry Association of the Bay Area (BIA) respectfully submits these comments on the City of Dublin’s draft housing element (Draft). We believe the Draft does not meet the requirements for certification because the governmental constraints analysis is inadequate. In particular, the constraints analysis fails to address a very significant constraint within the City’s land use approval and permit process: the City’s PD Zoning Ordinance.
Dublin’s PD Zoning Ordinance (Dublin Muni. Code § 8.32.030.B)) subjects housing projects to a “2-Stage” zoning approval process. The code requires housing projects proposed on sites that are already designated in the General Plan and have “Stage 1” zoning approval for residential development to obtain an additional project-specific “rezoning” (called a “Stage 2 Development Plan,” to be approved by a “rezoning ordinance.”).
Requiring housing projects to obtain project-specific rezonings where the site is already planned and zoned for residential use is a significant constraint on housing. First, by requiring projectspecific rezonings, the PD Zoning Ordinance subjects each housing project to the need to obtain an additional legislative approval. Requiring a project-specific legislative approval exposes the project to the risk of having the second required zoning approval be overturned by local anti-housing interests in a referendum election, as recently happened with the 573-unit East Ranch project1
.
There is a well-organized and active anti-housing voting bloc in Dublin that has the resources to overturn housing approvals on sites that have been planned and zoned for housing for decades.
Not only does Dublin’s 2-stage zoning requirement present a significant constraint by placing projects with Stage 1 zoning at risk of referendum when the Stage 2 zoning is sought, but the zoning requirements also act as a significant constraint under housing element law by undermining other key state housing law protections. Under SB 330, projects that have secured necessary general plan and zoning can only be subject to 5 hearings; they also are protected by the vested rights provisions of Gov’t Code Sec. 65589.5(o) and the time limits of the Permit Streamlining Act. The City’s PD Zoning Ordinance, by maintaining that a site’s zoning is not complete until a Stage 2 rezoning is approved, could make it difficult or infeasible for developers to invoke these key housing statutes. Alternatively or in addition, developers could be forced to threaten litigation under the Housing Accountability Act to avoid the need for a Stage 2 rezoning ordinance, which itself would constitute an additional constraint on processing a housing project. 1 The East Ranch project secured “Stage 1” zoning in 2005. The City Council approved “Stage 2” zoning in December 2021, which the voters then referended, resulting in a repeal of the “Stage 2” zoning ordinance earlier this year.
Attachment 11
823
- 2 -
The significance of these conflicts between key state housing reform statutes and the City’s PD Zoning Ordinance is magnified by the fact that much of the City—and many of its housing sites—are subject to the PD Zoning Ordinance. The grey/lavender areas below are all zoned PD Zoning:
Notably, the areas covered by the PD Zoning Ordinance also include a significant number of units that the draft Housing Element considers approved “pipeline” units for purposes of satisfying the City’s current RHND. However, sites that have yet to secure a Stage 2 rezoning ordinance cannot be considered zoned for housing for purposes of meeting the adequate sites requirement.
Based on all the foregoing, BIA Bay Area believes that certification of Dublin’s Housing Element should be conditioned on adequately addressing this significant governmental constraint. We believe this should include:
1. Revising the PD Ordinance so that it no longer requires a 2-stage legislative process.
All “legislative” zoning issues should be addressed in the initial zoning approval. All subsequent permits and approvals should be non-legislative in nature.
2. Committing to facilitate and approve all housing projects that currently have a Stage 1 zoning approval without requiring a Stage 2 legislative zoning approval.
It is imperative that these actions be expressed as formal conditions of Housing Element certification.
824
- 3 -
Thank you for the opportunity to comment. Please contact the undersigned with any questions.
Yours truly,
Paul Campos
Sr. V.P. & General Counsel
825
August 04, 2022
Dear Dublin City Council:
We are writing on behalf of South Bay YIMBY regarding Dublin’s 6th Cycle Housing Ele‐ ment Update. As a regional pro-housing advocacy group, South Bay YIMBY works to en‐ sure cities adopt housing elements that are fair, realistic, and lawful.
Per §8899.50(a)(1) of state code, Dublin's housing element must affirmatively further fair housing, which entails 'taking meaningful actions... that overcome patterns of segrega‐ tion.'
The City of Dublin is uniquely positioned to affirmatively further fair housing, as Dublin is a wealthy, exclusionary city that researchers with the Othering and Belonging Institute at UC Berkeley identify as highly segregated from the rest of the Bay Area. This socioeco‐ nomic segregation is caused by the exclusionary cost of housing in your community, where an average home, as of April 30th, costs $1,492,000, which is only affordable to someone earning a salary of $261,000, meaning only the richest 4% of households can afford to settle down in your community. It is thus no coincidence that your city is 38% less black than the rest of the Bay Area. Sadly, your city's demographics have trended in an even less equitable direction, losing 2066 black residents and losing 487 brown residents since 2010.
In a 2021 report entitled 'Exclusionary Zoning: Its Effect on Racial Discrimination in the Housing Market,' economic advisors for the White House outline how exclusionary zoning, like yours, causes segregation. Your exclusionary zoning pushes low income children to live in less resourced areas, which begets worse life outcomes from health to income. The research is clear: exclusionary zoning violates your duty to further fair housing.
To take meaningful actions that overcome patterns of segregation, we recommend you:
1. End apartment bans in high opportunity areas. This will give middle and working class families the opportunity to share in the resources your rich neighborhoods enjoy. As of 2020, your city banned apartments in over 66.9% of high opportunity residen‐ tial areas.
2. Accommodate 7970 low income homes in your site inventory. While substantially larger than the floor of 1710 low income homes required by RHNA, 7970 is the number of homes required to bring the proportion of low income families in your city in line with the rest of the Bay Area. While this number is large enough to be politically challenging, it will always be politically challenging to overcome segregation, as AFFH requires.
Thank you,
Salim Damerdji, South Bay YIMBY
Keith Diggs, YIMBY Law
826
2023 – 2031
Housing Element
City Council
November 15, 2022
Item 6.1
827
Overview
• Background
• Housing Element
• HCD Review
• General Plan Amendments
• Specific Plan Amendments
• Rezoning
• Environmental
Determination
828
Background
• One of the seven mandated elements of
the General Plan
• Addresses the housing needs of
residents
• Identifies existing and projected housing
needs by income category
• Establishes Citywide goals, policies,
programs, and objectives to guide future
housing
• Requires certification by the California
Department of Housing and
Community Development (HCD)
Dublin General Plan
Land Use
Parks and Open Space
Schools, Public Lands, and Utilities
Water Resources and Energy
Conservation
Economic Development
Community Design and Sustainability
Noise
Seismic and Safety
Conservation
Housing
Circulation and Scenic Highways
829
Final Allocation
• Approved by ABAG on December 16, 2021
• Assigns 3,719 units to Dublin
Income
Category Very Low Low Moderate Above
Moderate Total
Units 1,085 625 560 1,449 3,719
830
Housing Element Components
• Chapter 1: Introduction
• Chapter 2: Housing Plan
• Appendix A: Review of Past Performance
• Appendix B: Community Profile
• Appendix C: Housing Constraints, Resources,
and Affirmatively Furthering Fair Housing
831
Housing Element Components
• Appendix D: Adequate Sites Analysis
• Appendix E: Housing Plan Programs Summary
• Appendix F: Community Engagement Summary
• Appendix G: Glossary of Terms
832
Adequate Sites Analysis
• Inventory of specific
parcels suitable and
available for residential
development
• Identify sites by
income category
833
Site Inventory
Very Lowand Low- Moderate- Above
Moderate- Total
Allocation 1,710 560 1,449 3,719
Pipeline Projects (535) (210) (2,104) (2,849)
Accessory
Dwelling Units (96) (48) (16) (160)
5th Cycle Sites 0 (252) (0) (252)
Public/SemiPublic Sites (134) 0 0 (134)
Downtown Dublin (190) (50) 0 (240)
Remaining Need 755 0 0
834
Distribution of Remaining Need
Very-Lowand Low- Moderate- AboveModerate- Total
Transit Center Sites
D-2 and E-2 358 0 357 715
Hacienda Crossings 297 0 297 594
SCS Property 100 0 0 100
Total 755 0 654 1,409
835
Draft Housing Element Review
• Public Review: April 15 – May 15, 2022
• Planning Commission: April 26, 2022
• City Council: May 17, 2022
• HCD: May 27 – August 29, 2022
• Housing Element Revised in Response to HCD’s
Comments
836
Land Use Element
Transit Center Sites D-2 and E-2
• Existing: Campus Office
• Proposed: Campus
Office/High-Density
Residential
• Update residential household
size to 2.99 persons per unit
based on 2020 Census
837
Seismic Safety and Safety Element
• Safety Elements address the protection of the community from any unreasonable risks
• Senate Bill 1035 requires amendments to Safety Elements to identify flood hazards and address fire hazard risks upon each revision to the Housing Element
• Assembly Bill 2140 allows cities to adopt Local Hazard Mitigation Plans into their Safety Element, making them eligible for California Disaster Assistance Act funding • Proposed amendments address SB 1035 and AB 2140
838
Environmental Justice Policies
• SB 1000 requires local governments to identify
disadvantaged communities and incorporate
environmental justice into their general plans
• Dublin does not have any communities meeting the
definition of “disadvantaged community”
• Inclusion of environmental justice policies in the
General Plan is not required
839
Eastern Dublin Specific Plan Amendments
Transit Center Sites D-2 and E-2
• Existing: Campus Office
• Proposed: Campus
Office/High-Density
Residential
• Update residential household
size to 2.99 persons per unit
based on 2020 Census
840
Downtown Dublin Specific Plan Amendments
• Non-vacant sites identified in a prior Housing Element must be zoned at a minimum of 30 du/ac and allow
residential use by right for projects with at least 20
percent of the units affordable to lower-income
households
• Residential development within the Downtown Dublin
Specific Plan is governed by a Development Pool
• To reserve residential units, a developer must enter into the Community Benefit Program Agreement
841
Downtown Dublin Specific Plan
Amendments
• Three non-vacant sites identified in the 2014 – 2022
Housing Element are shown to be suitable for up to
416 units affordable to lower-income households
• Propose to exempt these units from the Development
Pool and the Community Benefit Program Agreement
requirement
842
Rezoning
• After pipeline projects, ADUs, and existing, residentiallyzoned sites, the City has a remaining need of 755 lowerincome units • Propose to rezone:
– Transit Center Sites D-2 (northern portion) and E-2
– Hacienda Crossings shopping center
843
Transit Center Sites D-2 and E-2
• Ordinance No. 21-02 – Established PD Stage 1
Development Plan
• Proposed Amendments:
– Land Use Designation: Campus Office/High Density
Residential
– Add 715 residential units
– Approve a Stage 2 Development Plan
– Specify development must comply with the Citywide MultiFamily Objective Design Standards 844
Hacienda Crossings
• Resolution No. 95-02 – Approving a PD Rezone
• Amendments include:
– Add “Multi-Family Residential” as a permitted use
– Establish development standards
– Specify development must comply with the Citywide MultiFamily Objective Design Standards – Transition shopping center to more pedestrian-oriented mixed-use development
845
Environmental Determination
• Initial Study prepared for Housing Element and
corresponding amendments and rezonings
• Determined no significant environmental effects
• Negative Declaration is the appropriate CEQA
document
• Minor edits based on DSRSD and Zone 7 comments
846
Planning Commission Review
• Adopted Resolution No. 22-14 recommending
that City Council:
– Adopt the Initial Study / Negative Declaration
– Approve the 2023-2031 Housing Element and
authorize Staff to submit to HCD
– Approve amendments to the General Plan, Eastern
Dublin Specific Plan, Downtown Dublin Specific Plan
– Approve amendments to PD Zoning for Transit
Center Sites D-2 and E-2, and Hacienda Crossings
shopping center
847
Recommendation
• Adopt Resolution:
– Adopting the Initial Study / Negative Declaration
– Approving the 2023-2031 Housing Element and authorize Staff to submit to HCD
– Approving associated amendments to the General Plan and Eastern Dublin Specific Plan
• Adopt Resolution approving amendments to the
Downtown Dublin Specific Plan
• Waive the reading and INTRODUCE the Ordinances
approve amendments to PD Zoning for Transit Center Sites D-2 and E-2, and Hacienda Crossings shopping center
848
November 15, 2022
SB 343
Senate Bill 343 mandates supplemental materials
that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets
have been distributed to the City Council be available
to the public.
The attached documents were received in the City
Clerk’s office after distribution of the November 15,
2022, Regular City Council meeting agenda packet.
Item 6.1
849
COMMUNITY DEVELOPMENT
DEPARTMENT MEMORANDUM
DATE: November 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
PREPARED BY: Michael P. Cass, Principal Planner
SUBJECT: Item 6.1: 2023-2031 Housing Element and Related Amendments to the General Plan, Eastern Dublin Specific Plan and Downtown Dublin Specific Plan, and Planned Development Zoning for Dublin Transit Center Sites D-2 and E-2 and Hacienda Crossings Shopping Center (PLPA-2022-00036)
Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Initial Study/Negative Declaration (IS/ND) for the proposed project. The IS/ND was available for public review between October 4, 2022, and November 2, 2022. During the public review period, the City received the attached minor comments from the Dublin San Ramon Services District (DSRSD) (Attachment 1) and Zone 7 (Attachment 2) in regards to the “Utilities and Service Systems” and “Hydrology and Water Quality” sections of the IS/ND. Staff worked with the consultant to make minor amendments to the IS/ND, which are included as Attachment 3.
Attachments
1. Dublin San Ramon Services District Comments
2. Zone 7 Public Comments
3. Revised Initial Study / Negative Declaration Excerpts 850
November 2, 2022
Via email to [email protected]
Michael P. Cass, Principal Planner
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
Subject: Comments on Dublin 2023-2031 Housing Element Initial Study/Negative Declaration Dear Michael:
Dublin San Ramon Services District (DSRSD) has reviewed the City of Dublin 2023-2031 Housing Element Initial Study/Negative Declaration document. DSRSD found inaccurate information in the document.
Below are our corrections and comments for your consideration.
Utilities and Service Systems
(a, c) Wastewater treatment requirements and facilities (page 45) The DSRSD Regional Wastewater Treatment Plant is permitted to operate up to 17 million gallons per day (mgd) on average dry weather flow. The Initial Study Document incorrectly stated that DSRSD RWTP has a total capacity of 75 mgd.
The Initial Study/Negative Declaration Document also stated that the DSRSD 2017 Wastewater Treatment and Biosolids Facilities Master Plan (WWTP Master Plan) anticipates adequate wastewater treatment capacity to meet projected future demand during the Housing Element planning period. This is an incorrect statement; the 2017 WWTP Master Plan did not include the additional housing units required by the 2023-2031 Housing Element. Before future project approval, confirmation of the wastewater treatment capacity from DSRSD is required.
The Initial Study document does not include a review of wastewater collection services and makes no mention of the most recent Wastewater Collection System Master Plan (2017).
Depending on the location of additional housing units, capacity may not be available within the existing collection system infrastructure.
(b) Sufficient water supplies (pages 45 to 46)
The 2023-2031 Housing Element requirement was released after the adoption of DSRSD’s 2020 Urban Water Management Plan (2020 UWMP). The 2020 UWMP included water supply to meet previously planned housing units under the “Projects in the Pipeline” and “Existing Zoning Areas” (Table 1, page 5). Additional units required for the 2023-2031 Housing Element that are not part of these categories are not included in DSRSD’s 2020 UWMP. The UWMP is prepared 851
Comments on Dublin 2023-2031 Housing Element Initial Study/Negative Declaration November 2, 2022
H:\ENGDEPT\Dublin City\RHNA 2023-2031\DSRSD Comment Ltr on Dublin 2023-2031 Housing Element Initial Study.docx