HomeMy WebLinkAboutPC Reso 12-02 Capistrello Court CEQA AddmRESOLUTION NO. 12 - 02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT A CEQA ADDENDUM TO THE
EASTERN DUBLIN ENVIRONMENTAL IMPACT REPORT, THE SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN DUBLIN PROPERTY OWNERS,
AND THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR FALCON VILLAGE
FOR THE PROJECT KNOWN AS CAPISTRELLO COURT AT POSITANO
(APN 985-0073-005-00)
PA 07-005
WHEREAS, the Applicant, Braddock & Logan Services, Inc. submitted applications for a
2.8-acre parcel known as Capistrello Court within a planned community known as Positano
within the Fallon Village planning area. The applications include: 1) General Plan and Eastern
Dublin Specific Plan amendments to change the land use from its current designation of Semi-
public to Single-Family Residential; 2) Planned Development Rezoning and related Stage 1 and
Stage 2 Development Plan Amendment; 3} Site Development Review (SDR} for the
construction of 12 detached single-family units; and 4} Vesting Tentative Tract Map 8072 to
create 12 lots. The applications collectively are defined as the "Project"; and
WHEREAS, the project site is vacant and located at the southeast corner of Positano
Parkway and West Cantara Drive; and
WHEREAS, the project is in the General Plan Eastern Extended Planning Area and the
Eastern Dublin Specific Plan area, for which the City Council certified a Program Environmental
Impact Report by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May
10, 1993, resolution incorporated herein by reference). The Eastern Dublin EIR identified
significant impacts from development of the Eastern Dublin area, some of which could. not be
mitigated to less than significant. Upon approval of the Eastern Dublin General Plan
Amendment and Specific Plan, the City Council adopted mitigations, a mitigation monitoring
program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein
by reference); and
WHEREAS, in 2002, the City Council adopted Resolution 40-02 certifying a
Supplemental Environmental Impact Report (SEIR} (SCH #2001052114} to the Eastern Dublin
EIR for the Eastern Dublin Property Owners (EDPO) annexation project; and
WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05
certifying a SEIR (SCH #2005062010) to the Eastern Dublin EIR and EDPO SEIR for the Fallon
Village planning area; and
WHEREAS, significant unavoidable impacts were identified in the EIRs referenced above
that required the City Council to adopt Statements of Overriding Considerations. Some of the
significant unavoidable impacts apply to the Project, therefore, approval of the Project must be
supported by a Statement of Overriding Considerations; and
Page 1 of 3
WHEREAS, for the Capistrello Court Project, the City prepared an Initial Study to
determine if additional review of the proposed Project modifications and development was
required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City
prepared an Addendum dated January 24, 2012 describing the modifications, development and
findings that the impacts of the proposed Project have been adequately addressed in the EIRs
referenced above. The Addendum is attached as Exhibit A and is incorporated herein by
reference; and
WHEREAS, a Planning Commission Staff Report dated January 24, 2012 and
incorporated herein by reference analyzed the project and recommended adoption of the CEQA
Addendum and approval of the applications; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
project on January 24, 2012; and
WHEREAS, the Planning Commission considered the Addendum, as well as the EIRs
referenced above, before taking action on the project applications. The Planning Commission
further considered all reports, recommendations and testimony before taking any action; and
WHEREAS, all of the above Resolutions and Ordinances are incorporated by reference
and are available for public review during normal business hours at the Community
Development Department, Dublin City Hall, 100 Civic Plaza, Dublin, CA.
NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council make the following findings to support the determination that no further environmental
review is required under CEQA for the proposed Project. These findings are based on
information contained in the Addendum, the EIRs referenced above, the Planning Commission
Staff Report, and all other information contained in the record before the Planning Commission.
These findings constitute a summary of the information contained in the entire record. The
detailed facts to support the findings are set forth in the Addendum, the EIRs referenced above,
and elsewhere in the record. Other facts and information in the record that support each finding
that are not included below are incorporated herein by reference.
1. The proposed project does not constitute substantial changes to the previous projects
addressed in the EIRs referenced above that will require major revisions to the EIRs due to new
significant environmental effects or a substantial increase in severity of previously identified
significant effects. Based on the Initial Study, ali potentially significant effects of the proposed
project are the same or Tess than the impacts for these EIRs which were addressed previously.
The proposed project will not result in substantially more severe significant impacts than those
identified in the prior EIRs. All previously adopted mitigation measures and mitigation
monitoring programs continue to apply to the proposed Project and project site as applicable.
2. The Initial Study and Addendum did not identify any new significant impacts of the
proposed project that were not analyzed in the EIRs referenced above.
2 of 3
3. The City is not aware of any new information of substantial importance or substantial
changes in circumstances that would result in new or substantially more severe impacts or meet
any other standards in CEQA Section 21166 and related CEQA Guidelines Sections 15162/3.
BE IT FURTHER .RESOLVED that the Planning Commission recommends the following
to the City Council:
1. No further environmental review under CEQA is required for the proposed project
because there is no substantial evidence in the record as a whole that any of the standards
under Sections 21166 or 15162/3 are met.
2. The City has properly prepared an Addendum under CEQA Guidelines section
15164 to explain its decision not to prepare a subsequent or supplemental EIR or conduct
further environmental review for the proposed project.
3. The City Council adopt the CEQA Addendum, attached as Exhibit A, pursuant to
CEQA Guidelines Sections 15162 and 15164 for the project known as Capistrello Court at
Positano.
BE IT FURTHER RESOLVED that the Planning Commission recommends the City
Council adopt any further required CEQA findings or overriding considerations.
PASSED, APPROVED AND ADOPTED this 24t"` day of January, 2012 by the following vote:
AYES: Wehrenberg, Brown, Schaub, O'Keefe, Bhuthimethee
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ecr ary
G:IPA#12007107-005 PositanolPG Mtg 1.24.12 Capistrello Court GPA.SPA.Stage 1,2.SDR.VTMIpc reso recommending addendum for
Capistrello K/T.doc
3 of 3
RESOLUTION NO. XX -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A CEQA ADDENDUM TO THE EASTERN DUBLIN ENVIRONMENTAL IMPACT
REPORT, THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
FOR THE EASTERN DUBLIN PROPERTY OWNERS, AND THE SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT FOR FALCON VILLAGE FOR THE PROJECT
KNOWN AS CAPISTRELLO COURT AT POSITANO AND ADOPTING A RELATED
STATEMENT OF OVERRIDING CONSIDERATIONS
PA 07-005
WHEREAS, the Applicant, Braddock & Logan Services, Inc. submitted applications for a
2.8-acre parcel known as Capistrello Court within a planned community known as Positano
within the Fallon Village planning area. The applications include: 1) General Plan and Eastern
Dublin Specific Plan amendments to change the land use from its current designation of Semi-
public to Single-Family Residential, 2) Planned Development Rezoning with related Stage 1
and Stage 2 Development Plan Amendment; 3) Site Development Review (SDR) for the
construction of 12 detached single-family units; and 4) Vesting Tentative Tract Map 8072 to
create 12 lots. The applications collectively are defined as the "Project"; and
WHEREAS, the Project site is vacant and located at the southeast corner of Positano
Parkway and West Cantara Drive; and
WHEREAS, the Project, is in the General Plan Eastern Extended Planning Area and the
Eastern Dublin Specific Plan area, for which the City Council certified a Program Environmental
Impact Report by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May
10, 1993 (resolution incorporated herein by reference). The Eastern Dublin EIR identified
significant impacts from development of the Eastern Dublin area, some of which could not be
mitigated to less than significant. Upon approval of the Eastern Dublin General Plan
Amendment and Specific Plan, the City Council adopted mitigations, a mitigation monitoring
program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein
by reference); and
WHEREAS, in 2002, the City Council adopted Resolution 40-02 certifying a
Supplemental Environmental Impact Report (SEIR) (SCH #2001052114) to the Eastern Dublin
EIR for the Eastern Dublin Property Owners (EDPO) annexation project; and
WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05
certifying a SEIR (SCH #2005062010) to the Eastern Dublin EIR and EDPO SEIR for the Fallon
Village planning area which is the same area as the EDPO project. The Project site is located
within the Eastern Dublin, EDPO and Fallon Village areas. The Fallon Village SEIR analyzed
potential residential uses of the Project site although the City ultimately approved the site for
Semi-Public uses; and
WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05
approving Planned Development (PD) Zoning -Stage 1 Development Plan for the entire 1,134-
acre Fallon Village (PA 04-040) and Ordinance 33-05 approving the Stage 2 Development Plan
Page 1 of 4 EXHIBIT A TO
ATTACHMENT 7
for the 488-acre Braddock & Logan properties (PA 05-038) now known as Positano. The Stage
1 and 2 Development Plans anticipated Semi-Public use of the Project site; the proposed
project would modify the previously approved Development Plans to provide for a residential
subdivision instead; and
WHEREAS, significant unavoidable impacts were identified in the EIRs referenced above
for development in Eastern Dublin that required the City Council to adopt Statements of
Overriding Considerations. Some of the significant unavoidable impacts apply to the Project,
therefore, approval of the Project must be supported by a Statement of Overriding
Considerations; and
WHEREAS, for the Capistrello Court Project, the City prepared an Initial Study to
determine if additional review of the proposed Project modifications and development was
required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City
prepared an Addendum dated January 24, 2012 describing the modifications and development
and finding that the impacts of the proposed Project have been adequately addressed in the
EIRs referenced above. The Addendum is attached as Exhibit A to this Resolution and is
incorporated herein by reference; and
WHEREAS, a Planning Commission Staff Report dated January 24, 2012 and
incorporated herein by reference analyzed the Addendum and Project and recommended
adoption of the CEQA Addendum and approval of the Project; and
WHEREAS, on January 24, 2012, the Planning Commission held a properly noticed
public hearing on the Project and following consideration of the Addendum, all reports and
testimony, adopted Resolution 12- XX recommending that the City Council adopt the CEQA
Addendum for the Capistrello Court project; and
WHEREAS, a City Council Staff Report dated , 2012 and incorporated herein
by reference analyzed the Addendum and Project and recommended adoption of the CEQA
Addendum and approval of the Project applications; and
WHEREAS, the City Council held a properly noticed public hearing on the Project on
2012; and
WHEREAS, the City Council considered the Addendum, as well as the EIRs referenced
above, before taking action on the Project applications. The City Council further considered all
reports, recommendations and testimony before taking any action; and
WHEREAS, all of the above referenced resolutions and ordinances are incorporated by
reference and are available for public review during normal business hours at the Community
Development Department, Dublin City Hall, 100 Civic Plaza, Dublin, CA.
NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the City Council makes the following findings to
support the determination that no further environmental review is required under CEQA for the
proposed Project. These findings are based on information contained in the Addendum, the
EIRs referenced above, the City Council staff report, and all other information contained in the
2 of 4
record before the City Council. These findings constitute a summary of the information
contained in the entire record. The detailed facts to support the findings are set forth in the
Addendum, the EIRs referenced above, and elsewhere in the record. Other facts and
information in the record that support each finding that are not included below are incorporated
herein by reference:
1. The proposed Project does not constitute substantial changes to the previous projects
addressed in the EIRs referenced above that will require major revisions to the EIRs
due to new significant environmental effects or a substantial increase in severity of
previously identified significant effects. Based on the Initial Study, all potentially
significant effects of the proposed Project are the same or less than the impacts for
these EIRs which were addressed previously. The proposed Project will not result in
substantially more severe significant impacts than those identified in the prior EIRs.
All previously adopted mitigation measures and mitigation monitoring programs
continue to apply to the proposed Project and project site as applicable.
2. The Initial Study and Addendum did not identify any new significant impacts of the
proposed Project that were not analyzed in the EIRs referenced above.
3. The City is not aware of any new information of substantial importance or substantial
changes in circumstances that would result in new or substantially more severe
impacts or meet any other standards in CEQA Section 21166 and related CEQA
Guidelines Sections 15162/3.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin finds the
following:
1. No further environmental review under CEQA is required for the proposed Project
because there is no substantial evidence in the record as a whole that any of the
standards under Sections 21166 or 15162/3 are met.
2. The City has properly prepared an Addendum and related Initial Study under CEQA
Guidelines section 15164 to explain its decision not to prepare a subsequent or
supplemental EIR or conduct further environmental review for the proposed Project.
3. The City Council considered the information in the Addendum, related Initial Study,
the Eastern Dublin EIR, the EDPO Supplemental EIR and the Fallon Village
Supplemental EIR prior to approving the land use applications for the proposed
Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the
CEQA Addendum and related Initial Study, attached as Exhibit A, pursuant to CEQA Guidelines
Sections 15162 and 15164 for the project known as Capistrello Court at Positano.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the
Statement of Overriding Considerations attached as Exhibit B.
3 of 4
PASSED, APPROVED AND ADOPTED this day of , 2012 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#12007107-005 PositanolPC Mtg 1.24.12 Capistrello Court GPA.SPA.Stage 1,2.SDR.VTMICC Reso CEQA Addendum.doc
4 of 4
CEQA ADDENDUM FOR THE CAPISTRELLO COURT AT
FALCON VILLAGE PROJECT
PA 05-038
January 24,2012
On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an
Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific
Plan ("Eastern Dublin EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and
Responses to Comments bound volumes, as well as an Addendum to the Eastern Dublin EIR
dated May 4, 1993, assessing a reduced development project alternative. The City Council
adopted Resolution No. 53-93 approving a General Plan Amendment and Specific Plan for the
reduced area alternative on May 10, 1993.On August 22, 1994, the City Council adopted a
second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern
Dublin EIR evaluated the potential environmental effects of urbanizing Eastern Dublin over a
20 to 30 year period. Since certification of the EIR, many implementing projects have been
proposed, relying to various degrees on the certified EIR.
A Supplement was prepared to the Eastern Dublin EIR in 2002 (State Clearinghouse No.
2001052114) for an annexation and prezoning request. The 2002 Supplemental EIR, provided
updated analyses of agricultural resources, biology, air quality, noise, traffic and circulation,
schools, and utilities. In certifying the 2002 SEIR and approving the prezoning, the City
Council, through Resolution No. 40-02, adopted a Statement of Overriding Considerations for
cumulative air quality and cumulative traffic impacts.
In 2005, a second Supplemental EIR was prepared and certified by the City of Dublin for the
Fallon Village project (SCH #2005062010), which included the same properties as the 2002
SEIR (see City Council Resolution No. 222-OS). The second SEIR addressed new and detailed
information for the proposed development areas, and, as well as several changes in
circumstances since the prior EIRs which could have affected the impacts and/or mitigations
previously identified for the Fallon Village Project.
This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the
Project, as described below.
Project Description
The current application includes a request for amendments to the General Plan and Eastern
Dublin Specific Plan for an approximately 2.8-acre site located site on the southwest corner of
Positano Parkway and West Cantara Drive in Eastern Dublin. The proposed amendments would
replace the existing "SP-Semi-Public (S-P)" land use designation with a "L-Low Density
Residential" land use designation. The Semi-Public land use designation was included in the
2005 approval in response to a General Plan policy that developments should strive to include
semi-public uses within development projects at a rate of 1 net acre of S-P use per 1,000
residents.
Exhibit A
The proposed Single Family Residential land use designation would allow for 0.9 to 6.0 dwelling
units per gross acre. If approved, the land use resignation would allow up to 12 single-family
dwellings to be constructed on the site at the mid-point density range (3.45 dwellings per gross
acre); the proposed development is further described in the PD zoning amendment application.
Approval of this application would increase the total dwelling unit count for the overall Positanto
development from 1,043 dwellings to 1,055 dwellings while, at the same time, removing future
Semi-Public uses on this site. The 2005 SEIR evaluated the construction of up to 1,078 dwellings
for the Positano project, including the 12-unit residential subdivision on the Project site.
Prior CEQA Analyses and Determinations
As summarized above and discussed in more detail in the attached Initial Study, the Positano
property has been planned for urbanization since the Eastern Dublin approvals in 1993, 2002
and 2005 and has been the subject of three previously certified EIRs. The Eastern Dublin EIR
identified numerous environmental impacts, and numerous mitigations were adopted upon
approval of the Eastern Dublin General Plan Amendment and Specific Plan. For identified
impacts that could not be mitigated to insignificance, the City Council adopted a Statement of
Overriding Considerations. Similarly, the 2002 SEIR and 2005 SEIR identified supplemental
impacts and mitigation measures, as well as additional significant unavoidable impacts for
which statements of overriding considerations were adopted. All previously adopted
mitigation measures for development of Eastern Dublin identified in the Eastern Dublin EIR,
the 2002 SEIR and the 2005 SEIR that are applicable to the Project and Project site continue
to apply to the currently proposed Project as further discussed in the attached Initial Study.
Current CEQA Analysis and Determination that an Addendum is Appropriate for this
Project.
Updated Initial Study. The City of Dublin has determined that an Addendum is the appropriate
CEQA review for the Project, which proposed a minor amendment to the approved General Plan,
Eastern Dublin Specific Plan and Planned Development zoning. If approved, the proposed
project would replace the existing "SP-Semi-Public (S-P)" General Plan and Eastern Dublin
Specific Plan land use designation with a "L-Low Density Residential" land use designation.
This action would facilitate construction of up to 12 detached single-family dwellings on the
approximately 2.8-acre site.
The applicant is also seeking approval City approval of a Stage 1 and 2 PD zoning amendment
and a vesting subdivision map.
The City prepared an updated Initial Study dated December 12, 2011, incorporated herein by
reference, to assess whether any further environmental review is required for this Project
Through this Initial Study, the City has determined that no subsequent EIR, or Negative
Declaration is required for the plan and zoning amendments or the refined development
details.
Page 2
No Subsequent Review is Required der CEQ_A Guidelines Section 15162. CEQA Guidelines
Section 15162 identifies the conditions requiring subsequent environmental review. After a
review of these conditions, the City has determined that no subsequent EIR or negative
declaration is required for this Project. This is based on the following analysis:
a) Are there substantial changes to the Project involving new or more severe significant
impacts? There are no substantial changes to the Project analyzed in the Eastern
Dublin EIR, as supplemented by the 2002 SEIR and the 2005 SEIR. The Project is
almost identical to the residential subdivision analyzed in the 2005 SEIR, although
the site was eventually approved for Semi-Public uses. As demonstrated in the Initial
Study, the replacement of the planned semi-public use with residences is not a
substantial change to either the 2005 SEIR analysis or the Semi-Public designation,
will not result in additional significant impacts, and no additional or different
mitigation measures are required.
b) Are there substantial changes in the conditions which the Project is undertaken involving
new or more severe significant impacts? There are no substantial changes in the conditions
assumed in the Eastern Dublin EIR, the 2002 SEIR or the 2005 SEIR. This is documented
in the attached Initial Study prepared for this Project dated December 12, 2011.
c) Is there new information of substantial importance, which was not known and could not
have been known at the time of the previous EIR that shows the Project will have a
significant effect not addressed in the previous EIR; or previous effects are more severe;
or, previously infeasible mitigation measures are now feasible but the applicant declined
to adopt them; or mitigation measures considerably different from those in the previous
EIR would substantially reduce significant effects but the applicant declines to adopt
them? As documented in the attached Initial Study, there is no new information showing a
new or more severe significant effect beyond those identified in the prior EIRs. Similarly,
the Initial Study documents that no new or different mitigation measures are required for
the Project. All previously adopted mitigations continue to apply to the Project. The
previously certified EIRs adequately describe the impacts and mitigations associated with
the proposed development of the Capistrello Court Project on the Positano property.
d) If no subsequent EIR-level review is required, should a subsequent negative declaration
be prepared? No subsequent negative declaration or mitigated negative declaration is
required because there are no impacts, significant or otherwise, of the Project beyond
those identified in the Eastern Dublin EIR and previous SEIRs, as documented in the
attached Initial Study.
Conclusion. This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based
on the attached Initial Study dated December 1, 2011. The Addendum and Initial Study
review the proposed General Plan and Eastern Dublin Specific Plan Amendments, the Planned
Development rezoning amendment and Vesting Tentative Subdivision Map, as discussed
above. Through the adoption of this Addendum and related Initial Study, the City determines
that the above minor changes in land uses do not require a subsequent EIR or negative
declaration under CEQA section 21166 or CEQA Guidelines Sections 15162 and 15163. The
Page 3
City further determines that the Eastern Dublin EIR, the 2002 SEIR and the 2005 SEIR
adequately address the potential environmental impacts of the land use designation change for
the Positano site as documented in the attached Initial Study.
As provided in Section 15164 of the Guidelines, the Addendum need not be circulated for
public review, but shall be considered with the prior environmental documents before making
a decision on this project.
The Initial Study, Eastern Dublin EIR, the 2002 SEIR, the 2005 SEIR and all resolutions cited
above are incorporated herein by reference and are available for public review during normal
business hours in the Community Development Department, Dublin City Hall, 100 Civic
Plaza, Dublin CA.
Page 4
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant to CEQA Guidelines section 15093, the City Council of
the City of Dublin adopted a Statement of Overriding Considerations for those
impacts identified in the Eastern Dublin EIR as significant and unavoidable.
(Resolution 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 project. The
City Council is currently considering the Capistrello Court residential project, PA
07-005. The Project includes entitlements necessary to allow residential
development of up to 12 units on the 2.8 acre project site. More specifically, the
project includes General Plan/Eastern Dublin Specific Plan amendments to
change the land use designation of the site from Semi-Public to Single Family
Residential. A Planned Development rezoning with related Stage 1 and 2
Development Plan would amend the existing PD zoning accordingly. A Site
Development Review and Vesting Tentative Tract Map 8072 would approve
construction of 12 homes and a related subdivision map. These actions are
collectively referred to herein as the "Project".
The City Council adopted a Statement of Overriding Considerations with the
1993 land use approvals for urbanization of Eastern Dublin, including the
Capistrello Court property. Statements of Overriding Considerations were also
adopted for the EDPO and Fallon Village land use approvals, which likewise
included the Project site. Pursuant to a 2002 court decision, the City Council
must adopt new overriding considerations for the previously identified
unavoidable impacts that apply to the current Project.l The City Council
believes that many of the unavoidable environmental effects identified in the
Eastern Dublin EIR and the 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, the City Council recognizes that the
implementation of the Project 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 that the identified adverse or
potentially adverse impacts for the Project have not been mitigated to acceptable
levels, there are specific economic, social, environmental, land use, or other
considerations that support approval of the Project.
~ "...public officials must still go on the record and explain specifically why they are approving the
later project despite its significant unavoidable impacts." (emphasis original.) Communities for a
Better Environment v. California Resources Agency 103 Cal.App. 4th 98, _ (2002).
Exhibit B
2. 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.
Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands;
Visual Impacts 3.8/B; and, Alteration of Rural/Open Space Character.
Traffic and Circulation Impacts 3.3/8, 3.3/E. I-580 Freeway, Cumulative Freeway
Impacts.
Traffic and Circulation Impacts 3.3/l, 3.3/M. Santa Rita Road/I-580 Ramps,
Cumulative Dublin Boulevard Impacts.
Community Services and Facilities Impact 3.4/S. Consumption of Non-
Renewable Natural Resources and Sewer, Water; and Storm Drainage Impact
3.5/F, H, U. Increases in Energy Usage Through Increased Water Treatment,
Disposal and Operation of Water Distribution System.
Soils, Geology, and Seismicity Impact 3.6/8. Earthquake Ground Shaking,
Primary Effects.
Air Quality Impacts 3.11/A, 8, C, and E. Future development of the Project will
contribute to cumulative dust deposition, construction equipment emissions,
mobile and stationary source emissions.
3. Unavoidable Significant Adverse Impacts from the EDPO Supplemental
EIR. The following unavoidable supplemental environmental impacts were
identified in the EDPO Supplemental EIR and could apply to the Project.
Supplemental Impact Traffic 6: Year 2025 cumulative buildout with project
scenario, Dougherty Road/Dublin Boulevard intersection.
Supplemental Impact Traffic 7: Year 2025 cumulative buildout with project
scenario, Hacienda Drive/Dublin Boulevard intersection.
Supplemental Impact Traffic 8: Year 2025 cumulative buildout with project
scenario, Fallon Road/Dublin Boulevard intersection.
Supplemental Impact Traffic 11: Year 2025 cumulative buildout with project
scenario, freeway segments on I-580 and I-680 in the EDPO project area.
4. Unavoidable Significant Adverse Impacts from the Fallon Village
Supplemental EIR. The following unavoidable significant environmental impacts
were identified in the Fallon Village Supplemental EIR and could apply to the
Project.
2
Supplemental Impact TRA-1: Project contribution to impact the Dublin/Dougherty
intersection (DSEIR p. 64).
Supplemental Impact TRA-4: Cumulative impacts to local freeways (DSEIR p.
69).
Supplemental Impact TRA-5: Consistency with Alameda County Congestion
Management Plan (DSEIR p. 73).
Supplemental Impact CUL-2: Demolition of the Fallon Ranch House (DSEIR p.
218.)
Supplemental Impacts AQ-2, AQ-3: Increase in regional emissions (DSEIR pp.
239-240. ).
4. Overriding Considerations. The City Council previously balanced the
benefits of the Eastern Dublin project approvals against the significant and
potentially significant adverse impacts identified in the Eastern Dublin EIR. The
City Council now balances those unavoidable impacts that apply to future
development on the Project site as well as the supplemental unavoidable impacts
identified in the Supplemental EIRs, against its benefits, and hereby determines
that such unavoidable impacts 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.
The Project will further the urbanization of Eastern Dublin as planned through the
comprehensive framework established in the original Eastern Dublin approvals.
The Project will create a small residential neighborhood that is compatible with
the residential development in the vicinity of the Project. The Project will provide
local roadway improvements contributing to an efficient public roadway system.
Although small, 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 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
neighborhoods. The Project will create 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 City-wide. Development of the site will provide construction
employment opportunities for Dublin residents.
1781732
3