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HomeMy WebLinkAbout097-87RESOLUTION 97-87 A RESOLUTION OF THE DANVILLE TOWN COUNCIL CERTIFYING REVIEW AND CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS WITH RESPECT TO SIGNIFICANT IMPACTS, AND ESTABLISHING MITIGATION MEASURES FOR REZONING OF THE MAGEE DIABLO RANCH SITE FROM THE A-4 TO THE P-1 ZONE DISTRICT (PUD 85-5). WHEREAS, an environmental impact report (the "EIR") for Magee Diablo Ranch Project (the "Project") was prepared by the Town of Danville (the "Town") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 e.t seq.. and the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Adm. Code Sections 15000 et. seq.. hereafter the ("State EIR Guidelines"); and WHEREAS, on October 30, 1986, the Town forwarded the Draft Environmental Impact Report to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project, and other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice of the completion of the Draft EIR was mailed to all interested persons and agencies and was published in the Valley Times on October 30, 1986; and WHEREAS, the Draft Environmental Impact Report was thereafter reviewed and supplemented to adopt changes suggested, to incorporate comments received, and the Town's response to said comments, and as so revised and supplemented, a Final Environmental Impact Report was submitted to the Town Council of the Town of Danville; and WHEREAS, the Planning Commission held a duly noticed public hearing on the Draft EIR on December 8, 1986, and all persons expressing a desire to comment thereon or object thereto having been heard; and WHEREAS, the Planning Commission on April 30, 1987 and May 11, 1987 considered the Final EIR, which includes the Draft EIR and the Responses to Comments document, and recommended to the Town Council that the Final EIR be certified; and WHEREAS, the Town Council on October 5, 1987 considered the Final EIR including all comments received and the response thereto. 1 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF TOWN OF DANVILLE THAT: A® The Town hereby finds and certifies that the Final EIR has been completed in compliance with the California Environmental Quality Act, as amended ("CEQA"), and the State EIR Guidelines, and that the Town has reviewed and considered the information contained in the Final EIR prior to making a decision on the Project. Be In accordance with S15091 of the State EIR Guidelines, the Town finds that the project will have the following significant impacts and makes findings regarding their mitigation to acceptable levels; unavoidability and overriding considerations: 1. LAND USE. a. Impact 1: Loss of ODen Space. i. Mitigation: The loss of open space which will occur is significantly lessened and mitigated by the fact that 455 of the total 590 acres of the site will be reserved for permanent public and semi-public open space. The open space will be managed and maintained to retain the possibility of grazing or passive recreational use in the future. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the loss of open space, for the following reasons: o The proposed development will result in substantial and immediately needed financial contributions to the Capital Improvement Program (CIP) of the Town of Danville (1987-1992). The improvements to be addressed by the proposed development are set forth in the Conditions of Approval for PUD 85-5, specifically, Conditions F-7, F-8, F-11, F-12, and F-13. Such improvements will cost over $3 Million, and are immediately necessary for the health, safety, and welfare of the citizens of the Town, and others, and will provide for the orderly development of the Town, and o The proposed development will provide needed housing in the Danville area, as identified in 2 be C. the document entitled Growth Trends (1987), which was published by the Contra Costa County Community Development Department as part of its comprehensive County General Plan revision program and will provide needed homes close to work centers, reduce traffic problems, provide quality of life to the residents of Danville and neighboring towns, and in the County and to meet the long-range planning goals of the Town and County General Plans. O The loss of the minimal agricultural use (cattle grazing) on the property is greatly lessened because the property will retain the great majority of the property as open space that may be utilized for agricultural purposes or other open space purposes in conjunction with other adjoining agricultural lands. Impact 2: The Construction of the Proposed Units on the Site Would Constitute a More Intensive Land Use Than Grazing, and Would Impact Traffic. Public Services, Noise and Air Ouality. i. Mitiqation: The Council finds that the referenced impacts are mitigated because the Applicant will implement the mitigation measures for traffic, public services, noise and air quality as more specifically set forth below. The Town further finds the original proposal of 396 units has been reduced to a maximum of 257 units, which reduces the impacts of the higher density proposal. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project at the proposed density outweigh any unavoidable adverse impacts which may occur as a result of the more intensive land use, with its impacts on traffic, public services, noise, and air quality, for the reasons set forth in Findings B.l.a.ii., above. Impact 3: Conversion of Adjacent Agricultural Land to the West of the Site. i. Mitigation: The Council finds that this impact is mitigated because the adjacent landowner has been aware of this Project for many years, since at least 1981 and has not pursued development of this property. If the adjacent landowner does decide to file a Notice of Nonrenewal for his Williamson Act properties, it is believed that it will be for 3 d. e. reasons other than the cancellation of the instant contract and the proposed development. Further, the Applicant herein has eliminated residences located in the northwest corner of the western parcel, pursuant to the Conditions of Approval for PUD 85-5 in order to avoid placing urban use immediately adjacent to agricultural lands. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the conversion of the adjacent agricultural land to the west of the Project for the reasons set forth in Findings B.l.a.ii., above. Impact 4: Compatibility of Multi-Family Homes With Adjacent Single Family Residences. i. Mitiqation: The Council finds that this impact has been fully mitigated. The multi-family homes in the original proposal have been eliminated pursuant to Conditions of Approval for PUD 85-5. Further, pursuant to Conditions of Approval for PUD 85-5, all lots in Areas A, E, and F, shall be developed in accordance with the R-20 standards of the Zoning Ordinance. Finally, a landscape buffer shall be provided betweeh Area E and the Still Creek subdivision, pursuant to Conditions of Approval for PUD 85-5. Impact 5. Construction of 18,000 Linear Feet of Roadway Will Cause Extensive Grading and visible Impacts. i. Mitigation: The Council finds that the Project as approved has mitigated this impact by conforming the roads as much as possible to the topography of the Project site. Mitigation measure (4b) at p. 1-72 of the Final EIR, which will provide for naturalistic clusters of trees along the sloped portions of the main Project road, will be adopted through the final landscape plan. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of construction and visibility of the project roadways, for the reasons set forth in Findings B.l.a.ii., above. 4 fe Impact 6. The Project Would Contribute to the Cumulative Increase in Housing Units and the Associated Loss of Open Space and Agricultural Land in the San Ramon Valley Area. i. Mitiqation: The Council finds that this impact is mitigated pursuant to Conditions of Approval for PUD 85-5, which reduces the 396 units originally proposed to a maximum of 257; and further, that significant open space is being permanently preserved for agricultural and open space use. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed project outweigh any unavoidable adverse impacts which may occur as a result of the cumulative increase in housing units and the associated loss of open space and agricultural land in the San Ramon Valley Area, for the reasons set forth in Findings B.l.a.ii., above 2. GEOTECHNICAL CONCERNS. ao Impact 1: Construction in Areas of Site Underlain by Clays with High Shrink-Swell Potential Could Damage Structures and Utilities. i. Mitigation: The Council finds that this impact is mitigated pursuant to Condition of Approval for PUD 85-5 No. G.18, which requires that the Town will contract with a qualified "third party" for the purpose of conducting an independent review and appraisal of the geologic report on this Project. Mitigation procedures to address the above referenced impact as contained in such report, and as approved by the Town, will be utilized. be Impact 2: Seismic Hazards: Direct Shaking of Buildinqs, Even if There is No Accompanying Ground Failure, Could Severely Damage Structures and Their Contents; Occupants Could Be Struck by Flying Objects. i. Mitigation: The Council finds that this impact is mitigated by the mitigation measure (2a) set forth at the Final EIR, p. 1-22, which states that foundations should be designed to withstand ground shaking and constructed in accordance with the Uniform Building Code for Zone 4. Such measure is hereby incorporated a~ a Condition of Approval that will be addressed at the building permit stage. 5 C. d. e. Impact 3: Slope Stability: Major Geologic Constraint for Development of the Project is Known, Identified Slope Instabilities. io Mitigation: The Council finds that the above referenced impact will be mitigated by Condition of Approval G-18, and by the mitigation measures set forth on pp. 1-23 and 1-24 (3.0.1a-3.0.1k) of the Final EIR. Such mitigation measures are herein adopted as Conditions of Approval for this Project. (The Applicant also has consented to a Geologic Hazard Abatement District (GHAD) if the Town requires.) Impact 4: Alteration of Hydrological Patterns: The Project Would Completely Alter Existinq Hydrological Patterns in the Development Area. Major Drainages in Areas D, C and E Would be Filled, With Culverts to Direct the Hydroloqical Flow. The Proposed Development Would Increase Surface Runoff on the Site. In Parts of the Property Where Streams Flow in Deed Channels, Peak Flows Would Not Overflow the Banks Unless Dammed by Mud or Debris. Peak Flows Could Result in Streambank Erosion and Slope Failures Damaging Adjacent Properties. i® Mitigation: The Council finds that the above impacts will be mitigated by Conditions of Approval for PUD 85-5 at G-3, G-4, G-5, G-6, G-7, G-8, G-9, G-10, G-15, G-16, G-17 and G-18; and by mitigation (2) below. ii. Mitigation: The city finds that the above referenced impacts are mitigated with incorporation of mitigation measures identified in the Draft EIR and the Final EIR as part of the Project: a® Draft EIR at pp. 63-64: (5b), (5c), (5d), (5e), (5g), (5h), (5i), (5j); and mitigation measures of the Final EIR as follows: (5a), (5f), (5k), and (51). Impact 5: Downstream Conditions/Offsite Drainage: Channelization of Some of the Streams on the Property Would Cause Increased Flows Downstream of the Project. An Increase in Impervious Surface (Buildings, Pavement) Would Increase the Proportion of Rainfall that Contributes to Peak Storm Runoff. A Potential Consequence of the Increased Flood Flows is Accelerated Bank Erosion Downstream. Increased Sediment in the 6 Stream Could Damaqe Natural Stream Habitats Downstream. Downstream Water Ouality Will be Degraded Due to Urban Runoff Which Contains Oils, Heavy Metals, and Other Pollutants Washed Off of Paved Areas. i. Mitigation: The Council finds that the referenced impacts are mitigated because the mitigation measures in the Draft EIR (6a) through (6e) (excluding 6f at pages 64-65) as modified by the Final EIR, 6a, 6b and 6g at p. 1-26 are hereby incorporated as Conditions of Approval for this Project. These mitigation measures will mitigate the above referenced impacts. With regard to DEIR mitigation measure 6f, the Town Council finds that it is not the applicant's responsibility to provide for street sweeping and drainage channel maintenance off site. ii. Statement of Overriding Consideration: The Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of increased flows downstream of the Project, and related water impacts as referenced above, for the reasons set forth in Findings B.l.a.ii., above. f. Impact 6: Erosion: Surface Erosion of Bare Slopes Can Be as Much as 100 Times that of Vegetated Slopes. Bare Slopes Would be Created By Cuts or Fills for Buildinq Pads or Roadways. TemDorary Construction Roads Would Also be Subject to Accelerated Erosion. ie Mitigation: The Council finds that the above referenced impact is mitigated because the mitigation measures as set forth in (7a) at p.65 of the Draft EIR, (pp. 65-66) and (7b) of the Final EIR (pp. 1-27), are incorporated herein as Conditions of Approval for the Project. ii. Statement of Overridinq Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the erosion as set forth above, for the reasons set forth in Findings B.l.a.ii., above. VISUAL OUALITY. a. Impact 1: Transformation of Site Character from rural in nature to urban. i. Mitigation: Council finds that the Applicant has mitigated this impact by preserving the great 7 be majority of the site's ridgelines and upper slopes in their natural state, pursuant to Conditions of Approval for PUD 85-5. Further, the Applicant has preserved approximately seventy-seven percent of the total area of the property as open space. ii. Mitigation: The Council further finds that alteration of the site's topography is mitigated by implementation of Condition of Approval for PUD 85-5 at D-3, which requires the Applicant to submit plans for structures for review and approval by the Architectural Review Committee prior to approval of a tentative map; this implements mitigation measure (la) and (lb) in the Final EIR. iii. Statement of Overridinq Consideration: The Town Council finds that the benefits of the proposed Project outweight any unavoidable adverse impacts which may occur as a result of the general transformation of the character of the site from rural to residential, for the reasons set forth in Findings B.l.a.ii., above. Impact 2: Alteration of Site's Topography: Development of the Project Would Involve Significant Alteration of the Site's Topography on the 135 Acre Development Area. This Cutting and Filling is of Concern if it Creates Topoqraphic Forms with Unnatural, Angular Lines, and if through Failure to Revegetate and Screen, the Affected Areas Appear as Scars on the Landscape. The Major Cut and Fill Areas that Would be Most visible to Viewers Outside the Site Would be the Fill Bank and Cut Slope at the Slope End of the Swale in the Eastern Parcel, the Fill Area at the Bend in the Cul-De-Sac in Area C, and the Cuts in the West Slope in Area C. ie Mitigation: The Council finds that the Applicant has mitigated and minimized alteration of site topography in the development plan as referenced in the Conditions of Approval for PUD 85-5 and as required by mitigation measure 2a. Further, the impacts referenced above will be mitigated by incorporation of the mitigation measure as contained in the Final EIR on p. 1-71 as follows: (2b) through (2d). ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts 8 C. de which may occur as a result of the alteration of site topography on the 135 acres of development of the Project, for the reasons set forth in Findings B.l.a.ii., above. Impact 3: Disturbance of Natural Veqetation, Includinq Removal of Existinq Mature Trees. i. Mitigation: The Applicant has submitted per request of the Planning Commission a complete tree survey and accompanying letter dated August 13, 1987, which identifies each tree to be removed. The amount of trees to be removed is approximately 168. The Council finds that the removal of such trees is mitigated by the fact that the Project will protect the vast majority (over ninety percent) of the trees on the site. The great majority of the retained trees will be dedicated along with their surrounding acreage to open space. ii. Mitigation: The Council further finds that other disturbances of natural vegetation as referenced in the above impact are mitigated by the required Conditions of Approval for PUD 85-5 at C-1 through C-4, and C-6 through C-7. All trees will be removed in conformance with the tree removal plan, and Condition of Approval C-5. iii. Statement of Overridinq Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the disturbance of natural vegetation, including tree removal, for the reasons set forth in Findings B.l.a.ii., above. Impact 4: Appearance of On-Site Roads: The Project Roads that Would be Most Visible from Viewing Points Outside the Project Include the Cul-De-Sac in Area C that Would be Visible from the Souther End of Saddleback Drive, a Portion of the Main Loop Road in Areas A and B that Would be Visible from Parts of the wood Creek Subdivision, and a Portion of the Main Loop Road on the Slope Behind Area F that Would be Partially Visible from Blackhawk Road. In Addition, Many of the Project's Roads Would be Visible from the Mt. Diablo Scenic Boulevard. . Miti~ation~ Th~ Council findm that th~ imDactm as referenced above are mitigated by the 9 implementation of mitigation measures (4a) and (4b) at p. 1-72 of the Final EIR, as part of the Applicant's final landscape plan. e Statement of Overriding Consideration. The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the appearance of on-site roads, for the reasons set forth in Findings B.l.a.ii., above. e. Impact 5: Appearance of Structures: The Project Would Transform the Site's Appearance From rural to Suburban. i. Mitigation: The Council finds that the above-referenced impacts are mitigated by the implementation of mitigation measures set forth in the Final EIR at p. 1-72 (5a), (5b), through review by the design review process and final landscape plan. ii. Statement of Overriding Consideration: The Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the appearance of the structures or transformation of the site's appearance, for the reasons set forth in Findings B.l.a.ii., above. 4. TRAFFIC AND CIRCULATION. a. Impact 1: The Proposed Project Would Generate Approximately 4,124 Vehicle Trips Per Day. Traffic on Still Creek Road Would Increase From 440 Trips Per Day to 2,290 Trips Per Day, a Volume Commensurate with Classification as a Residential Collector Street. i. Mitigation: The Council finds that the above impacts are reduced because the density of the Project as originally proposed at 396 units has been reduced to a maximum of 257 units, pursuant to the Conditions of Approval for PUD 85-5 with a resultant reduction in the number of vehicle trips by approximately 1500 to a total of 2617. ii. Mitigation: The Council further finds that traffic generated by the proposed Project is mitigated to substantially lessen the affects to within acceptable limits, provided the developer complies wi%h Condi%ion~ of Approval for PUD g5-5 at F-7, F-8, F-11, F-12, and F-13. 10 be Co iii. Mitigation: The Council further finds that the referenced impact is mitigated because Still Creek Road will be closed to vehicular traffic into the Project and remain open only for pedestrians, bicycles, and emergency vehicle access. This will eliminate traffic impacts on Still Creek Road as an access road to the Project. At the intersection of the Project entrance, Hidden Oaks Drive, and Blackhawk Road, the following will be implemented: Condition of Approval PUD 85-5 at F-11; which requires the developer to fund the installation of a traffic signal and attendant intersection modification at the intersection of Hidden Oaks Drive and Blackhawk Road. iv. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the increased traffic generated by the Project, for the reasons set forth in Findings B.l.a.ii,. above. Impact 2: Oueuing of Vehicles and Delays Would Occur During Peak Hours at the Main Project Road and Blackhawk Road and at Still Creek and Blackhawk. i. Mitigation: The Council finds that impacts at the main Project road and Blackhawk are mitigated by the funding for a traffic signal as referenced above; and that impacts at Still Creek Road and Blackhawk are mitigated by elimination of the Still Creek Road as an access road to the Project. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweighs any unavoidable adverse impacts which may occur as a result of the above referenced impacts, for the reasons set forth in Findings B.l.a.ii., above. Impact 3: Two Nearby Intersections Will Need Future Signalization: Diablo Road/E1 Cerro and Diablo Road/Green Valley Road. i. Mitigation: Pursuant to Conditions of approval for PUD 85-5 at D-7, the Applicant will be required to jointly fund such signals. The Council thus finds that this impact has been fully mi%iga%ed. 11 d. e. Impact 4: Cumulative Traffic Impacts are Projected As: O Small decrease in service level at E1 Cerro/I-680 and Diablo Road/I-680. o Drop in a.m. peak hour service at Diablo Road/Mt. Diablo Scenic Road to Level C. O Drop in a.m. peak hour service level at Diablo/Green Valley Road to D (poor conditions) and p.m. peak hour service to Level B. O Drop in service level at Camino Tassajara/Sycamore Valley Road to D (a.m. peak) and E (p.m. peak). o Drop to service Level F (failinq conditions) at Diablo/E1 Cerro in the p.m. peak. o Drop to service Level D at Diablo/Camino Tassajara in the p.m. peak hour. i. Mitigation: The Town of Danville finds that the Applicant mitigates the above referenced impact by complying with Conditions of Approval for PUD 85-5 at F-7, F-8, and F-11 through F-13; further, the Applicant has mitigated this impact by reducing density on the Project from 396 units to a maximum of 257 units. ii. Statement of Overridinq Concern: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the cumulative impacts of traffic of which this Project is a part, for the reasons set forth in Findings B.l.a.ii., above. Impact 5: Traffic Impact Distribution. O The Project would add 2,270 VPD to Diablo Road; cumulative development would add 4,000 VPD. O West of Green Valley Road, cumulative development would add 4,500 VPD on Diablo Road. O Cumulative development would increase traffic on Blackhawk Road. east of the site. to 11.200 VPD. 12 f. go o Traffic on Blackhawk Road between Mt. Diablo Scenic Road and Green Valley Road would increase about 5.8000 VPD. o Traffic on Camino Tassajara between Blackhawk Road and Sycamore Valley Road would increase by 36,000 VPD and on Sycamore Valley Road by 32,000. io Mitigation: The Council finds that the Applicant has mitigated the above referenced impacts by reducing density on the Project from the proposal of 396 units to a maximum of 257 units, and the following mitigation measures. ii. Mitigation: The Council finds that the above referenced impacts have been mitigated by the Town's adoption and the Applicant's compliance with Conditions of Approval for PUD 85-5 at F-7, F-8 and F-11 through F-13. iii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the traffic impact distributions stated above for the reasons set forth in Findings B.l.a.ii., above. Impact 6: The Most Adversely Affected Portion of Diablo Road is the Segment Between the Diablo Road Scenic Boulevard and Blackhawk Road. Major Improvements are Infeasible. i. Mitigation: The Council finds that the above referenced impact is mitigated by the Applicant's compliance with Conditions of Approval F-7, F-8, and F-11 through F-13 which require improvements to this segment of road to the extent possible. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the impacts which may occur as a result of the impacts generated by the affected portion of Diablo Road between Mt. Diablo Scenic and Blackhawk Road, for the reasons set forth in Findings B.l.a.ii., above. Impac% 7: Cumulatlv~ Traffic Eff~ct~ on N~ighborhood~ Near Diablo/Green Valley and Along Diablo Between E1 Cerro and 1-680. 13 /.~. ~-~ i. Mitigation: See Mitigation set forth for e. Impact 5, and Statement of Overriding Consideration for e. Impact 5, above. h. Impact 8: Increase in Safety Concerns in Area of Green Valley School Due to Increased Traffic. i. Mitigation: See Mitigation measures and Statement of Overriding Consideration for e. Impact 5, above. i. ImDact 9: Increase in Demand for Public Transit. i. Mitigation: The mitigation measures set forth in the Final EIR at p. 146 (10a) will be implemented. 5. COMMUNITY SERVICES. a. Impact 1: Average daily water Consumption of 300,000 Gallons Per Day With a Peak of 900,000 Gallons Per Day in Summer. i. Mitigation: The Council finds that the above referenced impacts are mitigated by incorporation of mitigation measures (la) and (lb) as set forth at p. 103 of the Draft EIR, which are incorporated herein as Conditions of Approval for this Project. , ! 11. Mitiqation: The Council finds that the above referenced impact, and all community services impacts listed herein are further mitigated by the Applicant's reduction of units from 396 to a maximum of 257. be Impact 2: Location of Residences in Area G May Conflict with Inlet and Outlet Pipes for Scenic East Reservoir. i. Mitigation: The Council finds that the above referenced impact is completely mitigated: the Applicant has previously met with EBMUD and coordinated location of residences in Area G to prevent conflict. c. Impact 3: Generation of 126,600 GPD of Sewage. i. Mitigation: The Council finds that the referenced impact is mitigated by payment of fees for connie%ion %0 CCC~D'm treatment ~y~t~m pursuant to mitigation measure (la) of the Draft EIR at p.105. 14 d. e. f. g. hm Impact 4: Generation of 2,800 pounds of Solid Waste per day, and the Reduction of Capacity of Landfill Sites. i. Mitigation: The Council finds that the above referenced impact is mitigated by the final development plan implementation of the mitigation measure (la) at p. 106 of the Draft EIR. Impact 5: Increased Calls for Fire Protection From Station No. 5 at Camino Tassajara and Blackhawk Road. i® Mitigation: The Council finds that the above referenced impact is mitigated by the adoption herein as Conditions of Approval of the mitigation measures (2a) through (2g), in the Draft EIR at pp. 108-110. Impact 6: The Project Would Add Approximately 240 Children to Local Schools. i. Mitigation: The Applicant will pay a development fee of $1.50 per square foot of living area to SRVUSD as required by state law and the SRVUSD as required by state law and the SRVUSD; this fully mitigates the above referenced impact. ii. Statement of Overriding Consideration: The Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the generation of child care demand, for the reasons set forth in Findings B.l.a.ii., above. Impact 7: The Project Would Generate a Child Care Demand of Approximately 35 children. io Mitigation: The Applicant shall comply with Condition of Approval G-19 of the Conditions of Approval for PUD 85-5. This will mitigate the above referenced impact. Impact 8: Increase Usage of Local and Regional Recreational Facilities. i. Mitigation: Council finds that the above referenced impact would be mitigated by the Applicant's contribution of in-lieu park dedication fees which will be required as a Condi%ion of Approval of thi~ Project. Further, this impact is mitigated by the contribution of 15 455 acres of open space as passive recreational use and other open space use as part of this Project. ii. Statement of Overriding Consideration: The Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the increase in usage of recreational facilities, for the reasons set forth in Findings B.l.a.ii., above. 6. HOUSING AND EMPLOYMENT a. Impact 1: The 396 Units and Estimated 1,247 Residents Would Contribute to Housing And Population Growth and May Have Growth Inducinq Impact in San Ramon Valley Area. The Units Would Not Be Affordable to Families with Income Similar to Those Now Living in Danville. i. Mitigation: The Council finds that the Applicant has mitigated the above referenced impact by reducing density of the Project from 396 to a maximum of 257 units and by providing for a housing type and lot size much in need and demand. ii. Statement of Overridinq Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of growth inducing impacts of the Project, and affordability of the Project, for the reasons set forth in Findings B.l.a.ii., above. 7. FISCAL ANALYSIS. a. Impact 1: The Need for Fiscal Impact Mitigation Measures Cannot Be Determined Based on the Information Available for this EIR. i. Mitigation: The Council finds that the above referenced impacts are mitigated by the incorporation of Conditions (la) and (lb) in the Final EIR at p. 1-48 and 1-49 as Conditions of Approval in this Project. 8. AIR OUALITY a. Impact 1: Construction Impacts from Dust, Vehicles' Emissions and Paving. 16 · be c. NOISE. a. i. Mitigation: The Council finds that the above referenced impacts are mitigated by the incorporation of Conditions (la) and (lb) in the Final EIR at p. 1-48 and 1-49 as Conditions of Approval in this Project. ii. Statement of Overriding Consideration: The Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of construction impacts as set forth above for the reasons set forth in Findings B.l.a.ii., above. Impact 2: Direct and Indirect Air Pollutants Emissions from the Project, the Most Siqnificant from Increased Reqional vehicle Miles Traveled. 1. Mitiqation: The Council finds that the Applicant has mitigated the above referenced impact by reducing the project proposal from 396 units to 257 units maximum, and by providing for homes near existing and proposed employment centers. ii. Statement of Overriding Consideration: Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of air pollutant emissions from the Project, for the reasons set forth in Findings B.l.a.ii., above. Impact 3: Project and Cumulative Traffic Would Increase Carbon Monoxide Emissions Alonq Local Roadways and at Intersections. Levels Would Remain Well Below Federal and State Standards. i. Mitigation: See Mitigation measures and Statement of Overriding Considerations for Impact 2 under Air Quality, above. Impact 1: The Thirteen Residences in Area F and Ten of the Residences in G may be Exposed to Outdoor Noise Levels in Excess of 60 dBA and Indoor Levels in Excess of 45 dBA. i. Mitigation: The Town of Danville finds that the above referenced impacts on the Project itself will be mitigated by the requirement that noise ~tudy be d~v~lop~d prior to filing of th~ 17 tentative subdivision map, as recommended in the Final EIR, and that such requirement is adopted herein as a Condition of Approval for the Project. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of construction noise levels, for the reasons set forth in Findings B.l.a.ii., above. b. Impact 2: Construction Noise Levels Would Range between 93 and 100 dBA, 200 feet from the Source. ie Mitigation: The Council finds that the above referenced impact is mitigated by the adoption of the mitigation measure recommended at (2a) in the Draft EIR at p. 137, which is incorporated herein as a Condition of Approval for the Project. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the construction noise levels of the Project, for the reasons set forth in Findings B.l.a.ii., above. 10. ENERGY a. ImDact 1: Operating Energy for the 396 Residences Would be Approximately 33,150 Million BTU's Per Year. i. Mitigation: The Town Council finds that the Applicant has mitigated the above referenced impact by reducing the application from 396 units to a maximum of 257 units. ii. Mitigation: The Town Council finds that the above referenced impact is mitigated by the Applicant being required as a Condition of Approval herein to meet the requirements of Title 24 with regard to energy. iii. Statement of Overriding Consideration: The Town Council finds that the benefit of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the operating energy figures for the Project, for the reasons set forth in Findings B.l.a.ii., above. b. Impact 2: Energy Would be Required to Provide for the Transportation Needs of Residents. 18 i. Mitigation: The Council finds that the above referenced impact is mitigated by the Town's general encouragement of the measures similar to those set forth in (2a) and (2b) of the Draft EIR. ii. Statement of Overriding Consideration: The Council finds that the benefits of the proposed Project outweigh and unavoidable adverse impacts which may occur as a result of the energy required for transportation needs of residents, for the reasons set forth in Findings B.l.a.ii., above. 11. BIOTIC RESOURCES. 80 Impact 1: The Project Would Remove Existing Mature Trees and about 135 acres of Grassland. i. Mitigation: The Council finds that the above referenced impacts are mitigated by Applicant's development of a tree removal survey and procedures therein for removing trees, dated August 13, 1987, which shall be implemented in this Project, and through the final landscape plan. The Council recognizes that the trees to be removed number approximately 168. ii. Statement of Overridinq Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the removal of trees and shrubs (approximately 168 trees would be removed), for the reasons set forth in Findings B.l.a.ii., above. b. Impact 2: Elimination of Wildlife Habitat. i. Mitigation: The Council finds that the above referenced impact is mitigated by utilization of native plant species in the landscaping. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweight any unavoidable adverse impacts which may occur as a result of the elimination of wildlife habitat, for the reasons set forth in Findings B.l.a.ii., above 19 c. Impact 3: Damage to Riparian Habitats. i. Mitigation: The Council finds that the above referenced impact is mitigated by mitigation measure (3a) in the Draft EIR at p. 148, which is incorporated herein as a Condition of Approval, and by the compensation for destruction of riparian vegetation by enhancement or replacement at other locations, which requirement is also incorporated here in as a Condition of Approval. ii. Statement of Overriding Consideration: The Town Council finds that the benefit of the proposed Project outweighs any unavoidable adverse impacts which may occur as a result of the damage to riparian habitats, for the reasons set forth in Finding B.l.a.ii., above. 12. CULTURAL RESOURCES. a. Impact 1: Elimination of Ruins of Potentially Historic Farms in area C. i. Mitigation: The Council finds that the above referenced impact has been mitigated because the Applicant has previously secured a study by a qualified historic archaeologist which has been reviewed and accepted by the Town, which defines mitigation measures, and which is incorporated herein as an approval of the Project. Secondly, if archaeological deposits are encountered during construction, the Applicant shall halt work in the vicinity and contact the Town and an archaeologist to evaluate the findings; and such requirement is hereby incorporated in this Project. ii. Statement of Overriding Consideration: The Town Council finds that the benefits of the proposed Project outweigh any unavoidable adverse impacts which may occur as a result of the elimination or loss of ruins of potentially historic farms in Area C, or other historic ruins or anything of the historic value, for the reasons set forth in Findings B.l.a.ii., above. C. Upon approval of the Project by the Town Council, the City Clerk is hereby directed to file a Notice of Determination with the County Clerk of Contra Costa County pursuant to the provision of Section 21152 of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto. 20 PASSED AND ADOPTED this 5th day of October, 1987 by the following vote: Councilmembers: Councilmembers: Councilmembers: AYES; NOES: ABSENT: I nnp, May, (lffpnhart7, Schlendnrf ABSTAIN: Councilmembers: Nnn~ Kpnnptt Nnnp X ATTEST: Clerk arep3 21