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HomeMy WebLinkAboutAttachmt 7-Sec 5-7 Pgs 137-1485.0 Alternatives to the Proposed Project The California Environmental Quality Act requires identification and comparative analysis of feasible alternatives to the proposed Project which have the potential of achieving most of the project objectives, but would avoid or substantially lessen any significant impacts of the project. The following discussion considers alternative development scenarios. Through comparison of these alternatives to the preferred project, the advantages of each can be weighed and considered by the public and by decision-makers. CEQA Guidelines require a range of alternatives "governed by the rule of reason" and require the EIR to set forth a range of alternatives necessary to permit a reasoned choice. 5.1 Alternatives Identified in the Eastern Dublin EIR The Eastern Dublin EIR was prepared for a General Plan Amendment encompassing approximately 6,920 acres of land and for a Specific Plan for 3,328 acres within the General Plan Amendment area. The General PIan Amendment and Specific Plan (GPA/SP) proposed a variety of types and densities of housing, as well as employment-generating commercial, campus office and other land uses. Other portions of the planning area were designated schools, open space and other community facilities. Protection for natural features of the planning area, including riparian corridors and principal ridgelands, was provided through restrictive land use designations and policies. The land use plan reflected the Eastern Dublin Project objectives as set forth in the Eastern Dublin EIR, Section 2.5. As required by CEQA, the Eastern Dublin EIR identified project alternatives that could eliminate or reduce significant impacts of the Eastern Dublin Project. The four identified alternatives included: No Project, Reduced Planning Area, Reduced Land Use Intensities and No Development. These are described below: No Project Alternative. The No Project alternative evaluated potential development of the GPA/SP area under the then-applicable Dublin General Plan for the unincorporated portion of the planning area under the Alameda County General Plan. Reduced Planning Area Alternative. The Reduced Planning Area Alternative evaluated development of the Specific Plan as proposed, but assumed development beyond the Specific Plan only to the Dublin Sphere of Influence boundary. The effect of this alternative was to exclude Upper and Lower Doolan Canyon properties from the project. Reduced Land Use Intensities Alternative. The Reduced Land Use Intensities Alternative evaluated potential development of the entire GPA/SP area, but reduced some higher traffic generating commercial uses in favor of increased residential dwellings. Dublin Ranch West Draft Supplemental EIR Page 137 City of Dublin November 2004 No Development. The No Development Alternative assumed no development would occur in the planning area other than agricultural, open space and similar land uses then in place. The Dublin City Council certified the Eastern Dublin EIR on May 10, 1993, under Resolution No. 51-93. The City Council found the No Project, Reduced Land Use Intensities and No Development alternatives infeasible and then approved a modification of the Reduced Planning Area Alternative rather than the GPA/SP project as proposed (Resolution No. 53-93). This alternative was approved based on City Council findings that this alternative land use plan would reduce land use impacts, would not disrupt the Doolan Canyon community, would reduce growth-inducing impacts on agricultural lands and would reduce traffic, infrastructure and noise impacts of the originally proposed Eastern Dublin Project. Even under this alternative project, however, significant unavoidable impacts would remain. Therefore, upon approval of the GPA/SP, the City Council adopted a Statement of Overriding Considerations (Resolution No. 53- 93). Alternatives selected for analysis in this supplemental document include: Alternative 1: "No Project" (required by CEQA to be considered). Alternative 2: Reorganization and Development of Dublin Ranch West under existing Eastern Dublin General Plan and Specific Plan Land Use designations Alternative 3: Reorganization and Development of Dublin Ranch West with Neighborhood Commercial (NC} and Public/Semi-Public (P-SP) land uses Alternatives are described and evaluated below. 5.2 No Project CEQA requires an analysis of a "no Project" alternative. Under this alternative, it is assumed that all of the properties would remain in the unincorporated portion of Alameda County and no development would occur on any of the parcels comprising the Project area. Dwellings and other struchzres would remain as they currently exist. However, the Tassajara Creek Conservation Area would be implemented, since this open space area is a required mitigation for Loss of wetlands and habitat elsewhere in Eastern Dublin. This alternative would avoid the range of environmental impacts described in the Eastern Dublin EIR, including: Aesthetics and Light and Glare: There would be no aesthetic change to the Project area. Open spaces views and vistas would remain as they presently exist. Existing levels of light and glare, although minimal, would remain. Air Quality: Existing source of air emissions would remain. There would be no short-term air quality impacts associated with construction of new buildings and other public and private improvements envisioned in the Dublin Ranch West Draft Supplemental EIR Page 138 City of Dublin November 2004 Master Plan. The Project's contribution to long-term, cumulative air quality emissions would not change, since no new auto traffic would be attracted to the site. • Biological Resources: There would be less-than-significant impacts to existing onsite biological resources, since only limited additional development would occur within the Project area that would be allowed under the East County Area Plan (ECAP) and Alameda County zoning standards. • Cultural Resources: There would be no impacts to cultural resources since construction and disruption of the soil would not occur. • Geology and Soils: Limited or no excavation, grading or related impacts would occur so that significant erosion impacts would not occur. Existing building improvements would be exposed to the potential for seismic hazards. • Water and Hydrology: Existing hydrologic and drainage patterns would remain unchanged. • Land Use: Land use within the Project area would remain as presently constituted, including existing buildings, agricultural and other uses. Future development within the Project area would be governed by Alameda County standards, which would be limited to large lot residential and agricultural. • Noise: Existing noise generators on and near the Project area would remain as currently constituted. • Population and Housing: There would be limited increases in on-site population over current area population as allowed under the Alameda County Area Plan and zoning designations. • Transportation, parking and circulation: Existing traffic generation and use of nearby streets would continue as currently found. Widening of Tassajara Road along the Dublin Ranch West Project frontage would be funded by other projects. • Utilities and Community Services: No new or increased demand would be created for utilities and community services, since the existing level of development would remain. • Recreation: There would be very limited increased use or demand for Iocal or regional recreational facilities since the population of the site would not significantly increase. The No Project alternative would not meet Project objectives of annexing presently unincorporated properties into the City of Dublin and Dublin San Ramon Services area, nor the objective of constructing up to 1,034 dwelling units on the Dublin Ranch West site within the Project area. 5.3 Alternative 2: Reorganization and Development Under Existing General Plan and Eastern Dublin Specific Plan The second alternative assumes that all of the properties would annex to the City of Dublin and DSRSD. Development on the Dublin Ranch West property would occur as envisioned in the Eastern Dublin Specific Plan and would include 817 residential units (a mix of Low Density, Medium Density and Medium High Density dwellings types), 10,454 square feet of Neighborhood Commercial floor Dublin Ranch West Draft Supplemental EIR Page 139 City of Dublin November 2004 space, two Neighborhood Parks (11.8 acres), a Neighborhood Square (2.8 acres) and 70 acres of Open Space. No development is anticipated for the Bragg or Sperfslage properties. Anticipated impacts of Alternative 2 would be: Aesthetics: Anticipated aesthetic impacts related to the implementation of Alternative 2 would be the same as included in the Eastern Dublin EIR. With adherence to mitigation measures set forth in the Eastern Dublin EIR, all aesthetic impacts of the proposed Project would be reduced to a level of insignificance. Air Qualify: Alternative 2 would generate the same air quality impacts as analyzed in the Eastern Dublin EIlZ. Although dust emissions during construction phases of the Project and mobile sources of CO could be mitigated to an insignificant level, impacts related to vehicle emissions from construction equipment, mobile sources of ROG and NOX and stationary source emissions could not be mitigated to an insignificant level. Biological Resources: The same general type and level of impacts would be created as the proposed Project since approximately the same area of development would occur within the Project area. Impacts to upland species and habitat areas would be reduced to aless-than-significant level through adherence to mitigation measures set forth in Section 3.7 of the EDSP EIR and supplemental mitigations that would need to be developed to apply to the California Tiger Salamander, Congdon's Tarplant and other species and their habitats that have been state or federally listed since certification of the Eastern Dublin EIR. Although portions of Tassajara Creek could be impacted to accommodate Specific Plan land uses, adherence to mitigation measures contained in the Eastern Dublin EIR would reduce these impacts to a level of insignificance. Land Use: Land use impacts in the Project area and surrounding areas. would be the same as analyzed in the Eastern Dublin EIR. Significant and unavoidable land use impacts regarding the cumulative loss of agriculture and open space lands were identified in the Eastern Dublin EIR and would apply to this Alternative. Population and Housing: The same amount on-site population and non- residential (commercial) space would be created under Alternative 2 as identified and analyzed in the Eastern Dublin EIlZ. All population and housing impacts assoaated with the adoption of the General Plan Amendment and Specific Plan could be reduced to an insignificant level. Transportation and Circulation: Proposed development of Dublin Ranch West under Alternative 2 would be the same as analyzed in the Eastern Dublin EIR. Significant and unavoidable traffic and transportation impacts would remain under with regard to the I-580 and I-680 freeways, I-580 freeway interchanges at Tassajara Road, Fallon Road and Airway Boulevard, cumulative freeway traffic, Santa Rita Road / I-580 eastbound intersection ramps, and cumulative impacts to Tassajara Road. All other traffic and transportation impacts could be mitigated to a level of insignificance. Dublin Ranch West Draft Supplemental EIR Page 140 City of Dublin November 2004 Utilities and Community Services: These impacts were examined in the Eastern Dublin EIR, with the exception of demand for utility extensions and consumption of non-renewal natural resources, all utility and community service impacts could be reduced to a level of insignificance with adherence to mitigation measures identified in the Eastern Dublin EIR. Recreation: The same type and level of intensity related to park and recreation impacts would occur under Alternative 2 as discussed in the Eastern Dublin EIR. All recreation impacts could be reduced to a level of insignificance with adherence to mitigation measures identified in the Eastern Dublin EIR. This alternative would not meet the Project objectives to increase residential development potential on the Project site and to protect Tassajara Creek by removing nearby urban-type land uses. This alternative would also retain the current 9.7-avre planned Elementary School site that the Dublin Unified School District has determined is no longer needed. 5.4 Alternative 3: Reorganization and Development of Dublin Ranch West with Revised Neighborhood Park Location Alternative 3 assumes that all of the properties would annex to the City of Dublin and DSRSD. Development on the Dublin Ranch West property would include the same uses as the proposed Project, including 1,034 dwellings at varying densities, but would also include relocation of an approximate 7.76-acre (net) neighborhood park on the southerly portion of the Project site. The current 8.7 acre (gross) park site would be designated for residential uses; but as noted above, the designation "swap" would not increase the number of proposed units. Preliminarily, the park would be located on either side of Tassajara Creek and could include softball or soccer fields, a tennis complex, volleyball facilities, picnic areas and potential off-street parking. This alternative would also include a 1.2-acre site for a future Public/Semi-Public facility, which is not specified. The proposed general plan amendment, specific plan amendment and Stage 1 Planned Development prezoning requests would need to be modified to accommodate Alternative 3. Anticipated impacts associated with this alternative would include: Aesthetics: Anticipated aesthetic impacts related to the implementation of Alternative 3 would be the same as the Project, since approximately the same amount of development would occur. The proposed relocated neighborhood park would need to be reviewed for consistency with the Eastern Dublin Comprehensive Stream Restoration Program. With adherence to mitigation measures as set forth in the Eastern Dublin EIR and Specific Plan Community Design standards, all aesthetic impacts would be less-than-significant. Air Quality: Alternative 3 would generate the same air quality impacts as the proposed Project. Although dust emissions during construction phases of the Project and mobile sources of CO could be mitigated to an Dublin Ranch West Draft Supplemental EIR Page 141 City of Dublin November 2004 insignificant level, impacts related to vehicle emissions from construction equipment, mobile sources of ROG and NOX and stationary source emissions could likely still not be mitigated to an insignificant level. Ozone emissions and the Project's contribution to regional, cumulative air quality would also be significant and unavoidable impacts. • Biological Resources: Since the same area of land would be disturbed for development in Alternative 3 as the proposed Project, impacts to biological resources would be approximately the same. The design of the proposed relocated neighborhood park would need to be reviewed to ensure that stormwater runoff and use of landscape care products are limited to minimize runoff and related water quality impacts to Tassajara Creek. • Land Use: Land use impacts in the Project area and surrounding areas would be approximately the same as analyzed in the Eastern Dublin EIR, since current land use designations include neighborhood park use. The proposed park adjacent to Tassajara Creek would likely be more consistent with the proposed Open Space designation that would be applied to the Creek corridor than the Project's proposed residential uses. Additional amendments would be needed to the General Plan and Eastern Dublin Specific Plan to accommodate the relocated park under this alternative. • Population and Housing: Population and Housing impacts under Alternative 3 would be the same as the proposed Project, since the dwelling unit count would be the same. • Transportation and Circulation: Minimal if any additional traffic would be expected under Alternative 3 than the proposed Project, since the number of dwelling units would not change from the proposed Project. Minor but less-than-significant increases could be expected for the proposed 1.2-acre Public/Semi-Public use on the site under this Alternative. The Projects traffic contribution to local freeways would continue to be significant and unavoidable. • Utilities and Community Services: Implementation of Alternative 3 would result in approximately the same impacts as under the proposed Project since generally the same land use pattern would be implemented. Demand for utility extensions and consumption of non-renewal natural resources would likely still be a significant and unavoidable impact as identified in the Eastern Dublin EIR. • Recreation: A somewhat lesser impact to local and regional recreational resources would occur under Alternative as the proposed Project, since a larger park would be provided (7.66-net acres under Alternative 3 versus 6.8 net acres in the proposed Project}. The amount of local park deficit would be reduced from 1.9 acres in the proposed Project to 1.04 net acres under Alternative 3. The relocated neighborhood park would also provide for enhanced recreation opportunities near Tassajara Creek and the multi- use trail. The amount of parkland proposed in this Alternative would still not comply with the acreage of Neighborhood Park and Neighborhood Square facilities anticipated for the Dublin Ranch West property in both the EDSP and City of Dublin Park and Recreation Master Plan and Supplemental Mitigation PARK-1 would apply to this Alternative. Dublin Ranch West Draft Supplemental E1R Page 142 City of Dublin November 2004 This alternative would meet the Project objectives of constructing additional residential dwelling units within the Project area by using the existing Elementary School site no longer needed by the school district. This alternative would provide additional protection and an amenity to Tassajara Creek through construction of a neighborhood park adjacent to the creek rather than residences. A greater amount of parkland would also be provided, although a deficit would still occur. It is generally consistent with the General Plan and Eastern Dublin Specific Plan intent for urban development on the Project site but would still require amendments to the General and Specific Plan would be needed for modified land use types and locations. 5.5 Environmentally Superior Alternative Section 15126 (d) (4) of the State of California CEQA Guidelines states that if the environmentally superior alternative is the "No Project" alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Alternative 1, the No Project alternative, would result in fewer and less intensive environmental impacts than either the proposed Project or Alternatives 2 or 3, and would therefore be the Environmentally Superior Alternative. As between the remaining alternative, Alternative 2 would result in slightly Less traffic impacts but would not provide protection for Tassajara Creek by modifying existing land use designations within and adjacent to the creek. Alternative 3, which would contain an approximate 7.7-acre neighborhood park on either side of Tassajara Creek, would provide greater protection for Tassajara Creek and enhance aesthetic qualities adjacent to the Creek. This Alternative would require modifications to the General Plan and Specific Plan Amendments to implement. Therefore, Alternative 3 would be the next most Environmentally Superior Alternative. Dublin Ranch West Draft Supplemental EIR Page 143 City of Dublin November 2004 6.0 Required CEQA Discussion This section of the DEIR addresses the potential cumulative impacts of implementing the proposed Project, as required by CEQA. 6.1 Cumulative Impacts Cumulative impacts are defined by CEQA Guidelines (Section 15126.2) as those which taken individually may be minor but, when combined with similar impacts associated with existing development, proposed development projects and planned but not built projects, have the potential to generate more substantial impacts. CEQA requires that cumulative impacts be evaluated when they are significant and that the discussion describe the severity of the impacts and the estimated likelihood of their occurrence. CEQA also states that the discussion of cumulative impacts contained in an EIR need not be as detailed as that provided for the Project alone. A number of cumulative impacts were identified in the Eastern Dublin EIR. Those related to this Project include: • Cumulative loss of agricultural and open space lands (Impact 3.1 / F) • Cumulative degradation of I-580 freeway operations between Tassajara Road and Fallon Road (Impact 3.3/A) • Cumulative degradation of I-580 freeway operations between I-680 freeway and Dougherty Road (Impact 3.3/B) • Cumulative degradation of I-580 freeway operations between Tassajara Road and Airway Boulevard Impact 3.3/C) • Cumulative degradation of I-680 freeway operations north of I-580 (Impact 3.3 / D) • Cumulative degradation of I-580 east of Airway Boulevard and between Dougherty Road and Hacienda Boulevard (Impact 3.3/D) • Cumulative degradation of Dublin Boulevard intersections with Hacienda Drive and Tassajara Road (Impact 3.3/M) • Cumulative degradation of Tassajara Road intersections with Gleason Road, Fallon Road and Transit Spine (renamed to Central Boulevard) (Impact 3.3/N) • Increased solid waste production and impact on solid waste faalities (Impact 3.4 O and P) • Future lack of wastewater treatment plant capacity (Impact 3.5 / E) • Increase in demand for water (Impact 3.5 / ~ • Direct habitat loss (Imapct3.7/A) • Loss or degradation of botanically sensitive habitat (Impact 3 / 7 / C) • Construction equipment /vehicle emissions (Impact 3.11 / B) • Mobile source emissions of reactive organic gasses and oxides of nitrogen (Impact 3.11 / C) • Stationary source emissions (Impact 3.11 / E) Dublin Ranch West Draft Supplemental EIR Page 144 City of Dublin November 2004 The Project would create one more severe cumulative significant impact beyond that identified in the Eastern Dublin EIR. This is Supplemental Impact AQ-3, exceedances of Bay Area Air Quality Management District's thresholds of significance for ozone precursors. 6.2 Significant and Unavoidable Environmental Impacts Unavoidable significant adverse impacts are those impacts that cannot be mitigated to a less-than-significant level. CEQA requires decision-makers to balance the benefits of a proposed Project against its unavoidable impacts in considering whether to approve the Project. If the benefits of the proposed Project outweigh the anticipated unavoidable impacts, the adverse environmental impacts may be considered acceptable by the Lead Agency. To approve the Project without significantly reducing or eliminating an adverse impact, the Lead Agency must make a Statement of Overriding Consideration supported by the information in the record. Upon approval of the Eastern Dublin Project, the City Council adopted a Statement of Overriding Considerations for the significant unavoidable impacts identified in the Eastern Dublin EIR. (Resolution 53-93, May 10, 1993.) Any approval of the current Project would likewise require adoption of a Statement of Overriding Considerations for the significant unavoidable supplemental impacts identified in this DSEIR, i.e., Supplemental Impacts AQ-3 (regional ozone air quality emission), AQ-3 (cumulatively considerable regional air emissions) and TRA-2 (p.m. peak hour impacts to the Dougherty Rd /Dublin Blvd. and the Hacienda Dr. /Dublin Blvd. intersections under Buildout conditions). Pursuant to the recent Citizens for a Better Environment case, the Statement of Overriding Considerations would also be required to address the significant unavoidable impacts from the Eastern Dublin EIR that are related to the Project. Significant and unavoidable impacts identified in this Supplement are all cumulative impacts. These impacts were also previously identified as cumulatively significant and unavoidable in the Eastern Dublin EIR. Dublin Ranch West Draft Supplemental EIR Page 145 City of Dublin November 2004 7.2 References The following documents, in addition to those included in the Appendix, were used in the preparation of this DEIR. Jennings, Mark R. and M. P. Hayes, 1994 Department of Fish and Game, Sacramento, Zeiner, Jr., K. E. Mayer, and M. White, 1990 . C., F. Laudenslayer, Biological Resources Reports, Casamira Valley, Dublin, California, Wetlands Research Associates, 2003 City of Dublin Eastern Dublin General Plan Amendment and Specific Plan, 1993, Wallace Roberts and Todd, as amended 1993, Wallace Roberts and Todd, including supplements City of Dublin Revised Draft Supplemental Environmental Impact Report, 2002 Electronic Inventory of Rare and Endangered Vascular Plants of California, California Native Plant Society, 2004 Distribution of the San Joaquin Kit Fox in the North part of its range, H. T. Harvey & Associates, Inc., 1997 Dublin Ranch West, California Tiger Salamander survey and salvaee revort. Winter 2003-2004. Prepared for Ms. Jennifer Lin c/ o Martin Inderbitzen, H.T. Harvey & Associates, Inc., 2004 Dublin Ranch Tassa~ara Creek Conservation Area Habitat Management Plan, Prepared for Martin W. Inderbitzen, H.T. Harvey & Associates, Inc., March 2003 Dublin Ranch West Rare Plant Surveys Report (Summer 2002-Summer 2003), Prepared for Ms. Jennifer Lin c/ o Martin Inderbitzen, H.T. Harvey & Associates, Inc., 2003 Dublin Ranch West Biological Resources Report, Prepared for Ms. Jennifer Lin c / o Martin Inderbitzen, H.T. Harvey & Associates, Inc., 2002 Dublin Ranch San Toaquin Kit Fox Survey (Revised), H.T. Harvey & Associates, Inc., 1997 Dublin Ranch West Draft Supplemental EIR Page 147 City of Dublin November 2004 7.0 Organizations and Persons Consulted 7.1 Persons and Organizations EIR Preparers The following individuals participated in the preparation of this document. Jerry Haag, Urban Planner (project manager) Tom Fraser, Wetlands Research Associates (biology) Shannon Lucas, Wetlands Research Associates (biology) Donald Ballanti (air quality) Gordon Lum, P.E., TJKM Associates (traffic and transportation) Jane Maxwell, Blue Ox Associates (graphics) City of Dublin Staff Eddie Peabody, Jr. AICP, Community Development Director Kathleen Faubion, AICP, Assistant City Attorney Jeri Ram, AICP, Planning Manager Michael Porto, Consulting Planner Pierce MacDonald, Associate Planner Mike Stella, P.E. Associate Civil Engineer (former) Ray Kuzbari, P.E., Traffic Engineer Diane Lowart, Parks and Community Services Director Scott McMillan, Fire Department Rose Macias, Police Department Applicant Consulting Team Martin Inderbitzen-applicant attorney Rod Andrade-MacKay &Somps, civil engineer Connie Goldade-MacKay &Somps, planner Other Agencies and Organizations Contacted East Bay Regional Park District-Larry Tong, Steve Fiala Dublin Unified School District-Kim McNeeley, Gene Turner, Blair Aas Dublin San Ramon Services District-Greg Taylor Livermore-Amador Valley Water Management Agency-Vivian Housen Pacific Gas & Electric-Buck Jones, Shelia Cebalos, Bill Salvador Livermore-Dublin Disposal Co.-Nick Perata Parks RFTA-Kevin Shevlin Dublin Ranch West Draft Supplemental EIR Page 146 City of Dublin November 2004 Dublin Ranch West Traffic Impact Study, TJKM Associates, November, 2004 Eastern Dublin Comprehensive Stream Restoration Program, Sycamore Associates LLC, et. al. ,June 1996 Existing Routine Ranching Activities; Final Rule. Federal Register Vol. 69 No. 149 pp. 47211-47248.,U.S. Fish and Wildlife Service, 2004 Critical Habitat for the California Tiger Salamander, proposed rule, Federal Register VoI.69 No. 153 pp.48569-48649, U.S. Fish and Wildlife Service, 2004 Critical Habitat for the California Red-legged frog, proposed rule, Federal Register Vol. 69 No. 71 pp.19620-19642, U.S. Fish and Wildlife Service, 2004 Endangered and Threatened Wildlife and Plants: Proposed listing for the California Tiger Salamander, proposed rule, Federal Register Vol. 68 pp. 28647, U.S. Fish and Wildlife Service, 2003 Sycamore Associates LLC, March 1996. Natural Diversity Database, Wildlife and Habitat Data Analysis Branch, California Department of Fish and Game, 2004 Natural Diversity Database, Wildlife and Habitat Data Analysis Branch, California Department of Fish and Game, 2004 Preliminary Descriptions of the Terrestrial Natural Communities of California. Departrnent of Fish and Game, Nongame-Heritage Program, Holland, Robert, October 1986 Prime Agricultural Land Evaluation, Dublin Ranch West Annexation Area, Berlogar Geotechnical Consultants, 2003 Status Report: The California Tieer Salamander, Amb~stoma californiense. Final Report for California Department of Fish and Game, Saffer, H.B., Fisher R.N., and S.E. Stanley, 1992 Recovery nlTan for upland species of the San Toacluin Valley, Califonnia, U.S. Fish and Wildlife Service, 1998 .T. Harvey & Associates, Inc., 2000 Dublin Ranch West Draft Supplemental EIR Page 148 City of Dublin November 2004