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HomeMy WebLinkAbout5.7 Dublin Fallon 580 Statement of Overriding Considerations STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.7 DATE: January 13, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Dublin Fallon 580 Statement of Overriding Considerations Prepared by: Amy Million, Community Development Director EXECUTIVE SUMMARY: In accordance with the Alameda County Superior Court’s July 30, 2025 order in the matter of Kingswood Owners Association v. City of Dublin (Case No. 24CV087642) and the Court’s further November 19, 2025 decision issuing a writ in this matter, the City Council will ratify, reaffirm, and readopt the Council’s prior statements of overriding considerations for the Eastern Dublin Specific Plan as applied specifically to the specific Dublin Fallon 580 Project. STAFF RECOMMENDATION: Adopt the Statement of Overriding Considerations for the Dublin Fallon 580 Project. FINANCIAL IMPACT: All costs associated with the processing of the Planning Applications are borne by the Applicant. DESCRIPTION: Background On July 16, 2024, the City Council held a public hearing to consider the Dublin Fallon 580 Project , which included eliminating the Public/Semi-Public land use designation, converting 42.6 acres designated Open Space to Parks/Public-Recreation, establishing development standards for the future development of 238 residential units, up to 3,299,670 square feet of commercial/campus office use, and subdividing the 192-acre site into 11 parcels. The City Council’s action included adopting Resolution No. 84-24 approving the California Environmental Quality Act (CEQA) addendum and General Plan and Eastern Dublin Specific Plan Amendment and adopting Resolution No. 85-24 approving the Vesting Tentative Tract Maps. The City Council also introduced Ordinances to allow a Zoning Map amendment, Planned Development Zoning Stage 1 and 2 Development Plan amendments, and a 186 Page 2 of 2 Development Agreement. On August 20, 2024, the City Council adopted Ordinance No. 05-24 and Ordinance No. 06-24 for the Zoning Map amendment, Planned Development Zoning Stage 1 and 2 amendments and the Development Agreement. These actions are collectively referred to herein as the Project approvals. The Kingswood Owners Association sued the City alleging that the Project approvals violated CEQA on numerous grounds. After trial, the Alameda County Superior Court found that the City’s analysis of environmental impacts of the Project complied with CEQA. However, the Court also concluded that because the Project would contribute to significant and unavoidable environmental impacts the City previously identified in prior CEQA documents (including the 1993 Eastern Dublin Specific Plan Environmental Impact Report (EIR), the 2002 East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR, and the 2005 Fallon Village Supplemental EIR), the City was required to adopt a new statement of overriding considerations for the Project in order to fully comply with CEQA. In accordance with the Alameda County Superior Court’s July 30, 2025 order in the matter of Kingswood Owners Association v. City of Dublin (Case No. 24CV087642) and the Court’s further November 19, 2025 decision issuing a writ in this matter, Staff requests that the City Council adopt the attached statement of overriding considerations specific to the Dublin Fallon 580 Project that ratifies, readopts, and supplements the City’s prior statements of overriding considerations for the Eastern Dublin Specific Plan and related approvals. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Statement of Overriding Considerations 187 Attachment 1 DUBLIN-FALLON 580 PROJECT STATEMENT OF OVERRIDING CONSIDERATIONS The City Council has prepared the following statement of overriding considerations specific to the Dublin Fallon 580 Project (the “Project”) based on, and incorporating by reference, the City’s statements of overriding considerations for the Eastern Dublin Specific Plan and related approvals as further discussed below. 1. Eastern Dublin Specific Plan Overview In 1988, the City responded to several proposals for development of the largely agricultural, ranching, and rural properties in the eastern portion of the City and unincorporated Alameda County by preparing a draft General Plan Amendment (“GPA”) for an app roximately 6,920-acre area known as Eastern Dublin. The GPA amended existing land use categories of the Dublin General Plan to include residential, commercial/industrial, and parks and open space. At full buildout, the area encompassing the GPA planned for development of approximately 17,970 new housing units and 10.6 million square feet of new commercial space. The City also prepared the Eastern Dublin Specific Plan (EDSP), which concurrently analyzed future development within a 3,228-acre portion of the GPA. The EDSP projected approximately 12,448 new housing units and 10.9 million square feet of commercial space, amounting to 70% and 94% of the GPA’s anticipated development scope. 2. Overview of Dublin-Fallon 580 Project The EDSP project includes the residential and commercial mixed-use development of the approximately 192-acre Dublin Fallon 580 property located in the eastern portion of Dublin (Assessor’s Parcel Numbers [APN]: 905-0001-006-03; 985-0027-002; 985-0027-005; 985-0027- 004) (the “Project site”). The Project site is located east of Fallon Road and north of Interstate 580 (I-580). Croak Road divides the Project site from north to south and the future Dublin Boulevard Extension Project bisects the property from west to east. The Project site is located within the Fallon Village area within the EDSP.1 The Project site is one of the last remaining areas in the existing urban, mixed use, residential and commercial development planned for Eastern Dublin pursuant to the EDSP. The Project consists of a total of 238 medium high density residential units on “Parcel 7” and “Parcel 8,” which together comprise approximately 14 acres, and up to 3,299,670 square feet of commercial/office uses on approximately 126.3 acres. The Project includes conversion of approximately 42 acres from Open Space zoning to Parks/Public Recreation zoning. The City Council considered the Dublin Fallon 580 Project, PLPA-2023-00033 (Project) on July 16, 2024. The Project includes the following planning actions and entitlements: 1) a General Plan and Eastern Dublin Specific Plan (EDSP) amendments to change land use designations, 2) a Planned Development (PD) Zoning Stage 1 Development Plan amendment, 3) a Stage 2 1 The Property was identified as the Anderson and Chen properties in the EDSP. 188 2 Development Plan for the residential portion of the project, 4) Vesting Tentative Tract Maps Nos. 8663, 8666, and 8667, 5) a Development Agreement, and 6) an Addendum to the EDSP Environmental Impact Reports (EIR). These actions are collectively referred to herein as the “Project” approvals. 3. EDSP Statement of Overriding Considerations Pursuant to CEQA Guidelines section 15093, the City Council of the City of Dublin adopted findings and a Statement of Overriding Considerations for those impacts identified in the Eastern Dublin Specific Plan Environmental Impact Reports (EIR) that were significant and unavoidable (Resolution No. 53-93, May 10, 1993). The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastern Dublin General Plan Amendment and Specific Plan (EDSP) project. The City Council’s 1993 EDSP Statement of Overriding Considerations included the impacts resulting from the development of the EDSP area including the Project site. The City Council also adopted Statements of Overriding Considerations for the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002) (the “EDPO Supplemental EIR”) and the Fallon Village Supplemental EIR (2005), which likewise included the Project site. Pursuant to a 2002 court decision as reaffirmed by the Alameda County Superior Court’s July 30, 2025, Order Granting Writ of Mandate in Kingswood Owners Association v. City of Dublin (Case No. 24CV087642), the City Council readopts and ratifies the statements of overriding considerations for the previously identified unavoidable impacts that apply to the Dublin Fallon 580 Project.2 The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR and two Supplemental EIRs will be substantially lessened by mitigation measures adopted with the previous approvals and by the environmental protection measures included in the Project design or adopted through the Project approvals, to be implemented with the development of the Project. Even with mitigation required by the EDSP EIR, the City Council recognizes that the implementation of the Project in a manner consistent with the EDSP carries with it unavoidable adverse environmental effects as identified in the Eastern Dublin EIR and the Supplemental EIRs. The City Council specifically finds that to the extent the Addendum summarized the identified adverse or potentially adverse impacts for the Project that were previously identified in the prior Eastern Dublin EIR and two Supplemental EIRs and have not been mitigated to acceptable levels, there are specific economic, social, environmental, land use, or other considerations that support approval of the Project. 4. Unavoidable Significant Adverse Impacts from the Eastern Dublin EIR The following unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin apply to the Project as stated in the Project’s Addendum (see pages 1 through 4) and evaluated in the Dublin Fallon 580 Environmental Checklist/Initial 2 “[P]ublic officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts.” Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98, 102. 189 3 Study dated April 8, 2024 (PLPA-2023-00000). The City Council adopted Resolution No. 53-93 adopting a statement of overriding considerations for the following significant and unavoidable impacts as summarized on pages 3 and 4 of the Initial Study:  Cumulative loss of agriculture and open space land  Cumulative traffic  Extension of certain community facilities (natural gas, electric and telephone service)  Consumption of non-renewable natural resources  Increases in energy uses through increased water treatment and disposal and through operation of the water distribution system  Inducement of substantial growth and concentration of population  Earthquake ground shaking  Loss or degradation of botanically sensitive habitat  Regional air quality  Noise  Alteration of visual character The Initial Study and Addendum evaluated the Project’s effects with respect to each of the significant impacts and significant unavoidable impacts identified in the Eastern Dublin EIR. The Addendum, however, concluded that the Project impacts were determin ed to be less than significant with implementation of mitigation measures identified in the Eastern Dublin EIR as summarized in the Addendum and evaluated in the Initial Study. With respect to the Project impacts due to the cumulative loss of agricultural and open space lands and the alteration of rural/open space visual character , the Addendum found that although the FAR limit has been increased, the Project applicant has proposed a mix of limited light manufacturing, hotel, retail, and office uses for the GC/CO parcels that is compatible with the surrounding area and falls within the anticipated development intensity (e.g., traffic, air emissions) anticipated in the EDSP EIRs.” (Initial Study, page 9.) The Initial Study and Addendum also analyzed the proposed Project grading (Initial Study, page 9) and the associated alteration of the site’s visual character . (Initial Study pages 18 through 23.) Comparing the proposed Project uses to the development analyzed in th e EDSP EIR, the Initial Study concludes: As described in the Initial Study, the Eastern Dublin EIR determined that development associated with implementation of the EDSP would alter the character of existing scenic vistas and obscure important sightlines which the EDSP EIR identified as a significant unavoidable impact. The Addendum, however, concluded that the Project impacts were determined to be less than significant with implementation of mitigation measures identified in the Eastern Dublin EIR as summarized in the Addendum and evaluated in the Initial Study pages 18 through 23. 5. Unavoidable Significant Adverse Impacts from the EDPO Supplemental EIR The Addendum (page 3) stated that in certifying the 2002 Supplemental EIR, the City adopted a Mitigation Measures and Monitoring Program and a Statement of Overriding Considerations (Resolution No. 40-02) for the following impacts. These impacts continue to apply to development in Eastern Dublin, including the project site as summarized in the Project’s Addendum (see pages 1 through 4) and evaluated in the Dublin Fallon 580 Environmental Checklist/Initial Study dated 190 4 April 8, 2024 (PLPA-2023-00000). The City adopted a Statement of Overriding Considerations for the following significant and unavoidable impacts that apply to the Project:  Exceedance of Bay Area Air Quality Management District air quality standards  Cumulative loss/degradation of sensitive habitats  Cumulative traffic operations at several intersections, including Dougherty Road/Dublin Boulevard, Hacienda Drive/Dublin Boulevard, and Fallon Road/Dublin Boulevard  Freeway operations on Interstate 580 (I-580) and I-680. In the year 2025 cumulative buildout with project scenario, freeway segments on 1-580 and 1-680 in the project area would operate at unacceptable levels of service during the AM and PM peak hours. (EDPO DSEIR, p. ST-26.) The Initial Study and Addendum evaluated the Project’s effects with r espect to each of the significant impacts and significant unavoidable impacts identified in the EDPO Supplemental EIR. The Addendum, however, concluded that the Project impacts were determined to be less than significant with implementation of mitigation measures identified in the EDPO Supplemental EIR as summarized in the Addendum and evaluated in the Initial Study. 6. Unavoidable Significant Adverse Impacts from the Fallon Village Supplemental EIR The Addendum stated that in 2005, the City of Dublin considered additional approvals for the 1,132-acre Fallon Village area. These requested approvals included: 1. Amendments to the General Plan and EDSP to include the entire 1,132-acre Fallon Village area and to reflect changes to the land use designations on the site; 2. Revisions to the 2002 approval of the Planned Development Rezone with a Stage I Development Plan to increase the number of dwellings units by 582 to a total of 3,108 units and increase non -residential uses from 1,081,725 square feet to 2,503,175 square feet of commercial and office uses; and 3. A Stage 2 Development Plan, Vesting Tentative Map, Development Agreement, and Lot Line Adjustment for the development of the northerly 488 acres of the Fallon Village area t o allow 1,078 dwelling units, a school, parks, and associated use. The City approved all three components of the Fallon Village project. On December 6, 2005, the City certified the Final Supplemental Fallon Village Project Environmental Impact Report (2005 Supplemental EIR) that analyzed the new uses and revisions to the previous approvals for the Fallon Village project. The 2005 Supplement al EIR identified potentially significant environmental impacts and related mitigation measures. The City adopted a Mitigation Measures and Monitoring Program for this approval that continues to apply to development in the Fallon Village area, including the Project site. In addition, as part of Resolution No. 222-05, the City adopted a Statement of Overriding Considerations for the following significant and unavoidable impacts that apply to the Project:  traffic impact to Dublin Boulevard/Dougherty Road intersection,  cumulative impacts to local roadways, consistent with the Alameda County Congestion Management Plan, (Fallon Village DSEIR p. II-3.), 191 5  demolition of the Fallon Ranch House, and  an increase in regional emissions beyond Bay Area Air Quality Management District (BAAQMD) thresholds. (Fallon Village DSEIR pp. II-31–II-32.) The Initial Study and Addendum evaluated the Project’s effects with respect to each of the significant impacts and significant unavoidable impacts identified in the Fallon Village SEIR. The Addendum, however, concluded that the Project impacts were determined to be less than significant with implementation of mitigation measures identified in the EDPO Supplemental EIR as summarized in the Addendum and evaluated in the Initial Stud y. With respect to impacts to visual resources, the Addendum, as supported by the analysis in the Initial Study, determined that consistent with the findings in the Fallon Village SEIR, due to the elevation and existing topography of the project site, proposed development would continue to limit views of the primary ridgeline and affect scenic vistas from I -580 and other public vantage points. (Initial Study at pages 18-23.) The Addendum also found that although the density of the proposed general commercial/campus office uses would be greater than previously analyzed in the EDSP EIRs, the general type and massing o f buildings would not be significantly different than analyzed in the EDSP EIRs. However, consistent with the findings of the Fallon Village SEIR, proposed development would continue to limit views of the primary ridgeline, designated as scenic resource in the Eastern Dublin EIR (Initial Study at page 22). Based on the information in the EDSP EIRs and the Initial Study analysis, the Initial Study concluded that the Project would not substantially increase the severity of the previously identified aesthetic/visual impacts, nor result in new significant impacts. The Initial Study stated that because the Project would be required to adhere to applicable regulatory requirements and EDSP EIR mitigation measures, there would be no new or substantially more severe significant impacts to aesthetic resources beyond what those which were analyzed in the prior EIRs, and no further environmenta l review was required (Initial Study at pages 22 through 24.) 7. Overriding Considerations The City Council previously balanced the benefits of the Eastern Dublin Specific Plan project approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR and the Supplemental EIRs. As evaluated in the Project Addendum and the Initial Study, the City did not identify any new or substantially more severe environmental impacts from the Project than were previously disclosed, mitigated, and for which the City previously prepared and adopted a Statement of O verriding Considerations. Consequently, the City Council ratifies and reaffirms and readopts the Council’s prior statements of overriding considerations for the EDSP as applied specifically to the specific Dublin Fallon 580 Project. The City Council balances those unavoidable impacts that still apply to future development on the Project site against its benefits, and hereby determines th at such unavoidable impacts 192 6 are outweighed by the benefits of the Project as further set forth below. The City declares that each one of the benefits included below, independent of any other benefits, would be sufficient to justify approval of the Project and override the Project’s significant and unavoidable impacts. The substantial evidence demonstrating the benefits of the Project are found in these findings, and in the documents found in the administrative record for the Project , including the City’s prior statements of overriding considerations for the EDSP and related project approvals, and the specific Project approvals including the Project Development Agreement. The Project will further the urbanization of Eastern Dublin as planned through the comprehensive framework established in the original Eastern Dublin approvals and implemented through the City’s approval of the Project approvals and Developer’s obligations specified in the Dublin Fallon 580 Project Development Agreement. The Project’s 238 medium high density residential units on “Parcel 7” and “Parcel 8” will establish residential development that is compatible with the residential development in the vicinity of the Project. The Project will help the City toward its RHNA goal for new housing units and will help implement policies contained in the Housing Element of the General Plan. The development of up to 3,299,670 square feet of commercial/office uses on approximately 126.3 -acres will complete the development of the GC/CO uses in one of the last remaining undeveloped portions of the EDSP area along I-580. The Project includes conversion of approximately 42 acres from Open Space zoning to Parks/Public Recreation zoning and will provide extensive parks and open space including 7.2-acres for a Community Park, 2.3-acres of Open Space, and 42.6-acres for a Natural Community Park, as well as wetlands mitigation on the project site. The Project will provide local roadway improvements contributing to an efficient public roadway system, including the dedication of land for the City’s construction of the Dublin Boulevard Extension through the Project site. The Project will provide streetscape improvements such as curb, gutter, sidewalk, and landscaping that will be an amenity to the larger community and provide safer pedestrian and bicycle access between existing neighborh oods. The Project will generate new revenue for the City, County, and State through the transfer and reassessment of property due to the improvement of the property and the corresponding increase in value. The Project will contribute funds to construct schools, parks, and other community facilities that are a benefit to the surrounding community and City-wide. Development of the project site will provide construction employment opportunities for Dublin residents. 193