HomeMy WebLinkAboutAttachmt 7 - Section 2.0
2.0 Introduction
2.1 EIR Requirement
This Environmental Impact Report supplements an earlier Environmental Impact
Report prepared to address the impacts of the Eastern Dublin General Plan
Amendment and Specific Plan, which was adopted by the City of Dublin on May 10,
1993 by Resolution No. 53-93.
The purpose of these documents are to regulate land use and development for the
Eastern Extended Planning Area of the City of Dublin. This Planning Area encompasses
approximately 3,328 acres of land generally located between the 1-580 freeway to the
Alameda-Contra Costa County line, east of Parks RFT A to east of Fallon Road.
The environmental impacts of the General Plan Amendment and Specific Plan were
addressed in the Eastern Dublin Environmental Impact Report (hereafter referred to as
the Eastern Dublin EIR). The State Oearinghouse Number (SCH) for this EIR is
91103064.
Annexation and development of three properties within the Eastern Dublin area is now
being proposed. Consistent with the City's practice for projects in Eastern Dublin, the
City prepared an Initial Study to determine if the proposed annexation, prezoning and
development program for one of the properties would require additional
environmental review beyond that analyzed in the previous EIR. The Initial Study is
found in Appendix 7.1. The Initial Study disclosed that many anticipated impacts of the
proposed actions have been adequately addressed in the Eastern Dublin EIR. This is
consistent with the comprehensive environmental analysis undertaken as part of the
Eastern Dublin EIR with a 20-30 year build-out horizon. Although the Initial Study
concluded that the previous project concluded that the previous EIR adequately
analyzed most of the potential environmental impacts of the proposed project, it also
identified the potential for a number of new significant impacts or potentially intensified
impacts beyond those analyzed in the Eastern Dublin EIR. The Gty of Dublin has
determined that the potential for new and/ or substantially intensified impacts required
review at an EIR level and concluded that a Supplemental EIR be prepared.
Consequently, as required by CEQA, the City prepared and circulated a Notice of
Preparation (NOP) to interested public and private parties. A copy of the NOP is
included as Appendix 7.2 and responses to the NOP are included in Appendix 7.3.
2.2 Scope of Supplemental EIR
Once an EIR is certified for a project, CEQA prohibits Lead Agencies from preparing a
supplemental or subsequent EIR except under specific circumstances. According to
CEQA Guidelines Section 15162, additional EIR-Ievel review may be required oilly
when substantial changes to the project would cause new or substantially increased
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significant effects. Or when substantial changes in circumstances would result in new or
substantially increased significant effects, or when substantial new information shows
the project would cause new or substantially increased significant effects, or shows that
previously infeasible mitigation measures would now be feasible but the project
proponent declines to adopt them.
As reflected in the Initial Study (Appendix 8.1), the Project is substantially the same as
analyzed in the Eastern Dublin EIR, although there are potential changes in the
requested entitlements for development of the Dublin Ranch West portion of the
Project that would vary somewhat from the adopted Eastern Dublin General Plan
Amendment and Specific Plan. The requested reorganization and prezoning and other
related items are identified as implementing actions in the previous approval of the
Eastern Dublin General Plan Amendment and Specific Plan. However, as further
identified in the Initial Study, there are also changed circumstances and new
information since certification of the Eastern Dublin EIR that could result in new or
intensified significant impacts. These include:
1. The potential for new biological species to be present on the project area.
2. Long-distance commuting trends identified in the 1993 approvals may have
substantially increased regional traffic and congestion beyond that identified in
the Eastern Dublin EIR.
3. There may be potentially significant changes in the provision of public services
and utilities.
4. The potential increase in the number of residential dwellings may have potential
impacts to air quality and population impacts.
The Initial Study identifies impacts to the categories of agricultural resources, air
quality, biological resources, land use and planning, transportation, utilities and public
services and recreation for further review in an EIR. This DSEIR describes the degree to
which the Project's potential impacts to these environmental categories were
adequately addressed in the previously certified Eastern Dublin EIR. It further describes
the type and extent of potential significant impacts beyond those analyzed in the
previous EIR. Where supplemental significant impacts are identified, mitigation
measures are proposed to reduce the impacts to a less-than-significant level.
CEQA requires that an ErR identify a reasonable range of alternatives, which was done
in the Eastern Dublin EIR. One of these alternatives was adopted in modified fonn in
the 1993 approvals. However, to address the potential for new and/ or substantially
intensified significant impacts, this revised DSEIR identifies additional alternatives for
the Project area that could avoid or potentially lessen identified impacts.
Similar to the Eastern Dublin EIR, this Draft Supplemental EIR is a Project level
environmental document that focuses on new or substantially increased significant
impacts of continued development based on an approved General Plan and Specific
Plan. The Eastern Dublin EIR and this Draft Supplemental EIR together fully identify
and assess all of the potentially significant impacts of proposed Project development. As
provided in CEQA, and discussed in the Eastern Dublin EIR and this DSEIR, further
individual development projects will be required prior to approval of future land use
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entitlements so long as the scope of future development is consistent with the type,
intensity and general location of land uses assessed in this SDEIR.
The Eastern Dublin EIR is available for review at the City of Dublin Community
Development Department, 100 Civic Plaza, Dublin CA 94568.
2.3 Legal Basis for Supplemental EIR
Based on the previous EIR analysis and CEQA Guidelines Sections 15162 and 15163, the
City has determined that a Supplemental EIR should be prepared for this project rather
than a Subsequent EIR. Subsequent and Supplemental EIRs are both similar in
procedural and substantive respects. Both types of EIRs build on a previously certified
EIR. Both types of EIRs analyze potentially significant changes to a project and/ or
environmental circumstances when those changes would result in a new significant
impact or would substantially increase the severity of previously identified impacts.
Both types of EIRs are circulated by themselves, without the previously certified EIR.
With the above similarities, the choice between a Subsequent and Supplemental EIR is a
matter of the degree of additions or modifications to the previous EIR needed to
analyze the new or substantially increased significant impacts. Neither is a "new" EIR;
both types of EIRs analyze the substantial changes from the previous analysis. Based on
the Initial Study prepared for the project, the City has determined that a Supplemental
EIR is appropriate for the following reasons:
1. The Project proposes land use minor changes to increase the number of dwelling
units proposed on the largest property within the Project area, eliminate an
existing Neighborhood Commercial land use designation and an Elementary
Schools site and increase the amount of non-buildable Open Space. The overall
type, intensity and urban character of land uses within the Project area are
consistent with the approved Eastern Dublin General Plan and Specific Plan.
2. There are no new impact categories from the previous EIR. All of the potential
additions or modifications involve impact categories that were analyzed in the
previous EIR.
3. Proposed additions or modifications needed to update the previous EIR do not
require a full re-analysis of a particular impact. None of the modifications
introduces an entirely new environmental topic not addressed in the previous
EIR.
4. The proposed Project includes actions identified in the previously certified EIR as
implementing actions.
For the above reasons, the City has determined that the current Project does not raise
new policy issues as to the type, location, direction or extent of growth. Further, the
range of potential impacts identified in the Initial Study is the same range as previously
analyzed. Finally, the nature of the potential changes identified in the Project Initial
Study requires updating or refinement of the previous EIR analysis, rather than a full
re-analysis. Irrespective of the label, and consistent with both Subsequent and
Supplemental EIR provisions of CEQA Guidelines Section 15162 and 15163, the City will
not approve the Project without first certifying an EIR which comprehensively
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addresses the potential for significant environmental impacts of the current Project
beyond those addressed in the previous EIR.
2.4 Organization of Draft Supplemental EIR
The Draft Supplemental EIR ("DSEIR") supplements the Program EIR and Addenda
certified by the City of Dublin for the Eastern Dublin General Plan Amendment and
Specific Plan (SCH #911003064, "Eastern Dublin EIR, or "EDEIR," incorporated herein
by reference).
This document is organized as follows:
· Chapter 1: Summary of impacts and mitigation measures. This is presented in
tabular form.
· Chapter 2: Introduction. Chapter 2 describes the organization of the DSEIR.
· Chapter 3: Project Description. This chapter describes the proposed Project,
Project location and setting. Project Objectives are also described as well as future
approvals required to implement the proposed Project.
· Chapter 4: Environmental Setting, Impacts and Mitigation Measures. Chapter 3
includes the impact and mitigation analysis for the Project. Each environmental
topic includes existing conditions (the setting); potential supplemental
environmental impacts and their level of significance; and mitigation measures
recommended to reduce identified significant impacts.
· Chapter 5: Alternatives. This chapter addresses alternatives to the proposed
Project and a discussion of an environmentally superior alternative.
· Chapter 6: References. Chapter 5 includes references used in the preparation of
the DSEIR.
· Chapter 7: Report Authors. Chapter 6 lists the authors of the EIR and
organizations and persons consulted as part of the environmental analysis.
· Chapter 8: Appendices. Contained in the Appendices are the Initial Study, Notice
of Preparation (NOP), responses to the NOP, Resolution No. 53-93 approving the
Eastern Dublin Project EIR, including mitigation findings, overriding
considerations and mitigation monitoring program; and copies of the
supplemental air quality analysis, biological analysis and traffic analysis.
2.5 DSEIR Review Process
The DSEIR will be circulated for public review and comment pursuant to CEQA.
Written responses will be prepared to all relevant comments on environmental issues
received during the public review period. Public comments and responses will be
compiled in a Final Supplemental EIR (FSEIR). After certification, the City will consider
the requested Project approvals and make appropriate findings based on the certified
SEIR.
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2.6 Future Environmental Analysis
Future land use entitlements, including Stage 2 PD-Planned Development rezonings,
Site Development Reviews, subdivision maps and other permit-level entitlements, will
be required for individual development sites within the Project area.
Further environmental review may be required for these future projects and additional
documentation may be required as appropriate under CEQA and the CEQA Guidelines
for activities not examined in the Eastern Dublin EIR or this DSEIR.
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