HomeMy WebLinkAboutReso 157-06 Grafton Station PD Rezone
RESOLUTION NO. 157 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
APPROVING A CEQA ADDENDUM AND STATEMENT OF OVERRIDING
CONSIDERATIONS FORA STAGE 1 DEVELOPMENT PLAN AMENDMENT AND STAGE 2
PLANNED DEVELOPMENT REZONE FOR THE GRAFTON STATION SHOPPING CENTER
LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON
STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H
OF DUBLIN RANCH (APN 985-0036-009)
P A 05-030
WHEREAS, James Tong, on behalf of Chang Su-O-Lin, H. Yao Lin and H. Lien Lin, has
requested a Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezone,
Development Agreement and Site Development Review for the Grafton Station Shopping Center
located in a portion of Dublin Ranch Planning Area H, which applications are on file in the Planning
Division. These applications are collectively referred to herein as "the Project" or "Grafton Station"; and
WHEREAS, Grafton Station consists of approximately 29.2 acres encompassing a portion of
Dublin Ranch Planning Area H located at the southwest comer of Dublin Boulevard and Grafton Street
and bordered by Dublin Boulevard to the north and Northside Drive to the south, in the Eastern Dublin
Specific Plan area; and
WHEREAS, the Project is within the General Plan Eastern Extended Planning Area and the
Eastern Dublin Specific Plan area, for which a Program Environmental Impact Report (EIR) was certified
pursuant to the California Environmental Quality Act (CEQA) by the City Council by Resolution No. 51-
93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "Eastern Dublin EIR") (SCH
91103064); and
WHEREAS, the Project area is located in a portion of Dublin Ranch Planning Area H for which
the City Council previously approved a Mitigated Negative Declaration on February 15, 2000, entitled and
hereinafter referred to as the "1999 Mitigated Negative Declaration" (Resolution No. 34-00 incorporated
herein by reference); and
WHEREAS, the City Council previously approved a General Plan/Eastern Dublin Specific Plan
Amendment for Area H on March 7,2000 (Resolution No. 35-00 incorporated herein by reference); and
WHEREAS, the City Council previously adopted an Ordinance approving a Stage 1 Development
Plan on March 21, 2000 for Dublin Ranch Planning Area H (Ordinance No. 6-00, incorporated herein by
reference); and
WHEREAS, the City prepared an Initial Study to determine if additional review of the current
Project was required pursuant to CEQA Guidelines section 15162 (the "Initial Study"). The Initial Study,
dated June 2005 is included as a part of Exhibit A and incorporated herein by reference. Based on the
Initial Study, the City prepared an Addendum dated June 2006 (attached as Exhibit A and incorporated
herein by reference) describing minor changes from the previous approvals and finding that the impacts of
Reso No. 157-06, Adopted 8/15/06, Item 6.3
Page 1 of2
the current Project have been adequately addressed in the Eastern Dublin EIR and the 1999 Mitigated
Negative Declaration, all of which documents are incorporated herein by reference; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Project on
July 25,2006, and adopted Resolution 06-24 recommending approval of the CEQA Addendum; and
WHEREAS, the Eastern Dublin EIR identified significant unavoidable impacts from development
of the Eastern Dublin area, some of which would apply to the Project; and
WHEREAS, pursuant to CEQA Guidelines Section 15093 and the California Court of Appeals
decision captioned Communities for a Better Environment v. California Resources Agency (2002) 103
Cal.App. 4th, 98, 125, approval of the Project must be supported by a new Statement of Overriding
Considerations; and
WHEREAS, The City Council held a properly noticed public hearing on August 15, 2006, at
which time interested parties had the opportunity to be heard; and
WHEREAS, a Staff Report dated August 15, 2006 was submitted to the City Council analyzing
the Project and recommending approval of the CEQA Addendum and the project applications; and
WHEREAS, the City Council considered the Addendum with the previously certified Eastern
Dublin Environmental Impact Report and the 1999 Mitigated Negative Declaration for Area H before
making a decision on the Project; and
WHEREAS, the City Council used its independent judgment and considered all reports,
recommendations and testimony before taking action on the Project.
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 adopts the CEQA Addendum and related
Initial Study, attached as Exhibit A, for the Grafton Station project pursuant to CEQA Guidelines Section
15164.
BE IT FURTHER RESOLVED that the City Council adopts the Statement of Overriding
Considerations attached as Exhibit B.
PASSED, APPROVED AND ADOPTED this 15th day of August 2006 by the following voted:
AYES:
NOES:
ABSENT:
Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
None
None
.#
ABSTAIN: None
ATTEST: '\ \ ,
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City Clerk
Reso No. 157-06, Adopted 8/15/06, Item 6.3
Page 2 of2
Lead Agency:
ADDENDUM
TO THE
EASTERN DUBLIN SPECIFIC PLAN EIR
FOR THE
GRAFTON STATION AREA H PROJECT
City of Dublin
100 Civic Plaza
Dublin, CA 94568
JUNE 2006
Table of Contents
Introduction.................................................................................................................. ................... 1
CEQA..............................................................................................................................................2
Initial Study............ ................ ........ .... .... ........ ... .................. ............................... .................. ........... 5
Evaluation of Environmental Impacts.. ........ ........ .... ....... ....... ................. .............. ... ... ..... ....... ....... 7
I. AESTHETICS............................................................................................................................ 7
II. AGRICUL TURE RESOURCES............................................................................................ 7
III. AIR QUALITY ........................................................................................................................7
IV. BIOLOGICAL RESOURCES............................................................................................... 8
V . CULTURAL RESOURCES.............................................................................................. ....... 9
VI. GEOLOGY AND SOILS ........................................................................................................ 9
VII. HAZARDS AND HAZARDOUS MATERIALS............................................................... 10
VIII. HYDROLOGY AND WATER QUALITy...................................................................... 11
IX. LAND USE AND PLANNING............................................................................................. 12
X. MINERAL RESOURCES...................................................................................................... 13
XI. NOISE....................................................................:............................................................... 13
XII. POPULATION AND HOUSING............................ ...... ..................................................... 14
XIII. PUBLIC SERVICES.......................................................................................................... 14
XIV. RECREATION ................................................................................................................... 15
XV. TRANSPORTATION/TRAFFIC...................................................................................... 15
XVI. UTILITIES AND SERVICE SYSTEMS.......................................................................... 16
XVII. MANDATORY FINDINGS OF SIGNIFICANCE ........................................................ 17
Discussion of Checklist..................... ............ ................ ..................... .......... ..... .......... ............. ..... 18
CEQA Addendum to Dublin Ranch Area H
P A 05-030
May 30, 2006
Introduction
On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an
Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and
Eastern Dublin 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 dated May 4, 1999, assessing a reduced development and project alternative.
The City Council adopted Resolution No. 53-93 approving a General Plan Amendment
and a 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. For identified impacts that could not be mitigated to a less than
significant level, the City Council adopted a Statement of Overriding Considerations. All
previously adopted mitigation measures for development in Eastern Dublin, that are
applicable to this Project, continue to apply to the proposed project. The Eastern Dublin
EIR is incorporated herein by reference.
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 such as Dublin Ranch have been proposed, relying to various
degrees on the Program EIR. A subsequent Mitigated Negative Declaration was later
approved for Planning Area H of Dublin Ranch in 2000 (SCH #99112040, P A 98-070)
adopted by Dublin City Council Resolution No. 34-00 on February 15,2000, hereafter
referred to as the 1999 Mitigated Negative Declaration..
The City of Dublin approved development of Planning Area H on February 15,2000. The
approvals included a General Plan/Specific Plan Amendment and Planned Development
rezoning/Stage 1 Development Plan for a combination of commercial and residential
development.
A Mitigated Negative Declaration (1999 Mitigated Negative Declaration) was also
adopted by the Dublin City Council Resolution No. 34-00 on February 15, 2000 for
Dublin Ranch Planning Area H, 2000 (SCH #99112040, P A 98-070). This project
included an amendment to the Dublin General Plan and Eastern Dublin Specific Plan to
amend the land use designation for a 10.5 acre parcel (which lies within the project area
for this project) to allow campus office and general commercial. The previous land use
designation, General Commercial, was revised to allow a mix of uses, including General
Commercial/Campus Office, to meet changing market conditions. The City Council
Resolution No. 34-00 contained findings that the Project would have impacts associated
with the development of the property that would be mitigated to a less than significant
level with incorporation ofthe mitigation measures into the project.
CEQA Addendum for Grafton Station Area H
City of Dublin 1
June 2006
Proiect
The applicant has requested approval of an amendment to the Stage 1 Development Plan.
The amendment is required to modify the gross acres stated in the development plan for
this site. The increase is due to the re-alignment of Dublin Boulevard and a more accurate
measurement of the site. The increase in gross floor area will also allow for an increase in
floor area in order to maintain the Floor Area Ratio (FAR) which has been established for
the site in the Eastern Dublin Specific Plan (.25). The actual gross acreage of the site is
29.2 acres which means that 318,000 square feet of commercial space can be constructed
on the site with a .25 FAR.
Although the proposal would increase the amount of commercial square footage on the
site by 25,059 square feet (over what was estimated in the Stage 1 Development Plan),
this number is consistent with the square footage estimated for general commercial in the
Eastern Dublin Specific Plan for the Tassajara Gateway subarea, of which this site is part
of.
CEOA
The State CEQA Guidelines provide guidance on the appropriate document for revisions
to a previously certified EIR. Section 15162 requires the preparation of a Subsequent EIR
if the lead agency determines, on the basis of substantial evidence in the light of the
whole record, one or more of the following:
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 or the Mitigated Negative Declaration for Planning Area
H. The Project proposes to amend the Stage 1 Development Plan to reflect the
actual gross acreage on the site. This would increase the amount of square footage
that could be built on the property, however, the project would be built at an FAR
of.25 which was studied in the Eastern Dublin EIR and the Mitigated Negative
Declaration and the total amount of square footage that would be constructed is
consistent with the overall types of land uses and densities allowed in the Dublin
General Plan and the Eastern Dublin Specific Plan.
The Eastern Dublin EIR studied the development potential for the Tassajara
Gateway subarea. The increase in square footage on the project site will fall
within the development potential which was studied in the Eastern Dublin EIR.
The increase in square footage will not reduce the square footage available to the
Dublin Land Company parcel, based on an FAR of .25 (which is the FAR
established in the Eastern Dublin Specific Plan).
b) Are there substantial changes in the conditions which the Project is undertaken
involving new or more significant impacts? There are no substantial changes in
the conditions in the Eastern Dublin EIR or the 1999 Mitigated Negative
CEQA Addendum for Grafton Station Area H
City of Dublin 2
June 2006
Declaration. The Project will be required to adhere to all of the mitigation
measures in both documents which apply to this Project.
c) Is there new information of substantial importance, which was not 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? There is no new information showing a new or more
significant effect. The proposed Project would be consistent with the Eastern
Dublin Specific Plan and the Eastern Dublin EIR mitigation measures and the
mitigation measures included in the 1999 Mitigated Negative Declaration.
d) If no subsequent EIR level review is required, should a subsequent negative
declaration be prepared? No additional review is required based on the Initial
Study. The Initial Study concluded that the Project will not create any significant
impacts other than those identified in the Eastern Dublin EIR and the 1999
Mitigated Negative Declaration.
As discussed above, none of the conditions described in the CEQA Guidelines Section
15162 has occurred. Under such circumstances, Section 15164 requires the lead agency
to prepare an addendum to a previously certified EIR if some changes or additions are
necessary but none of the conditions described in Section 15162 calling for preparation of
a subsequent EIR have occurred. An addendum to be prepared as described below:
a) The lead agency or responsible agency shall prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none of
the conditions described in Section 15162 calling for preparation of a
subsequent EIR have occurred.
b) An addendum to an adopted negative declaration may be prepared if only
minor technical changes or additions are necessary or none of the conditions
described in Section 15162 calling for the preparation of a subsequent EIR or
negative declaration have occurred.
c) An addendum need not be circulated for public review but can be included
in or attached to the final EIR or adopted negative declaration.
d) The decision making body shall consider the addendum with the final EIR
or adopted negative declaration prior to making a decision on the project.
e) A brief explanation of the decision not to prepare a subsequent EIR pursuant
to Section 15162 should be included in an addendum to an EIR, the lead
agency's findings on the project, or elsewhere in the record. The explanation
must be supported by substantial evidence.
CEQA Addendum for Grafton Station Area H
City of Dublin 3
June 2006
The City of Dublin has determined that an Addendum is the appropriate CEQA review
for the proposed Project. Prior to making this determination, the City reviewed the
Eastern Dublin EIR and the previous Mitigated Negative Declaration for Planning Area
H to determine if any further environmental review was required for the proposed Site
Development Review and Stage 1 Development Plan amendment and Stage 2 Planned
Development rezoning.
This Addendum is adopted pursuant to CEQA Guidelines section 15164 based on the
environmental checklist. The Addendum reviews the proposed additional square footage
on the site, over what was reviewed in the Stage 1 Development Plan and 1999 Mitigated
Negative Declaration. Through the adoption ofthis Addendum, the City has determined
that the proposed changes do not require a subsequent EIR or negative declaration under
Section 15162 of the CEQA Guidelines. The City further determines that the Eastern
Dublin EIR and the 1999 Mitigated Negative Declaration adequately address the
potential environmental impacts of the proposed project.
Pursuant to Section 15164 of the CEQA Guidelines, the Addendum does not need to be
circulated for public review. The environmental document will be considered with the
prior environmental documents before making a decision on this project.
The attached Initial Study, referenced Eastern Dublin EIR and the 1999 Mitigated
Negative Declaration are all available for review in the Community development
Department located in the Dublin City Hall at 100 Civic Plaza in Dublin.
CEQA Addendum for Grafton Station Area H
City of Dublin 4
June 2006
Initial Study
1. Project title:
Grafton Station
2. Lead agency name and address: City of Dublin
100 Civic Plaza
Dublin, CA 94588
3. Contact person and phone number: Erica Fraser, Senior Planner, City of Dublin
Planning Division (925) 833-6610
4. Project location: North ofInterstate 580, south of Dublin
Boulevard and east of Tassajara Road
5. Assessors Parcel Number(s):
985-0036-009
6. Project sponsor's name and address: Dave Chadbourne
MacKay and Somps
5142 Franklin Drive Suite B
Pleasanton, CA 94588
7. General Plan Designations: General Commercial and General
Commercial/Campus Office
8. Zoning: PD (Planned Development) District
9. Specific Plan Designation: General Commercial and General
Commercial/Campus Office
10. Description of project:
The Applicants have proposed amendment to the Stage 1 Development Plan to
increase the approved square footage for the property from 292,941 square feet to
318,000 square feet, while maintaining a .25 Floor Area Ratio for a retail shopping
center. The development will be constructed on 29.2 gross acres which is larger than
the acreage estimated by the Stage 1 Development Plan which estimated that the
gross acreage ofthe site was 26.9 acres (a difference of2.3 acres). The increase in
gross floor area is due to the re-alignment of Dublin Boulevard, the inclusion of half
ofthe street right-of way of Northside Drive and a more accurate measurement ofthe
parcels.
CEQA Addendum for Grafton Station Area H
City of Dublin 5
June 2006
The Project is consistent with the General Commercial and General Commercial/Campus
Office land use designations of the General Plan and Eastern Dublin Specific Plan. The
purpose ofthis project (an amendment to the Stage 1 Planned Development Zoning) is to
construct a project which has an FAR of .25 which is the established FAR for this
property. The Project will result in a commercial center which is 318,000 square feet in
size, which is approximately 25,000 square feet larger than originally studied for this
property. Although the Project will result in an increase of25,059 square feet of
commercial floor area, the total amount of floor area proposed has been the subject of
prior CEQA reviews, through the 1993 Eastern Dublin EIR with mitigation measures. All
ofthe mitigation measures in the 1993 EIR continue to apply to this property including
the Project. For the significant and unavoidable impacts, the City adopted a Statement of
Overriding Considerations (Resolution 53-93) as part of the 1993 Eastern Dublin EIR.
This Project also lies within Dublin Ranch Area H. In 1999, the City adopted a Mitigated
Negative Declaration for the proposed Project which reviewed development on the
property and looked at the approved conditions for the Eastern Dublin Specific Plan area.
This amendment to the Stage 1 PD is also consistent with the Mitigated Negative
Declaration adopted for Dublin Ranch Area H.
11. Surrounding land uses and setting:
The project site is located in an area referred to as Planning Area H in Dublin Ranch
within the Eastern Dublin Specific Plan Area. The subject property is approximately 29.2
gross acres. The subject property is located south of Dublin Boulevard, north ofI-580 and
Northside Drive. The subject property is also located within the Tassajara Gateway
subarea in the Eastern Dublin Specific Plan.
12. Other public agencies whose approval is required: (e.g., permits, financing
approval, or participation agreement.)
Tentative and Final Subdivision Maps (City of Dublin)
Site Development Review (City of Dublin)
Grading and Building Permits (City of Dublin)
Sewer and Water Connections (DSRSD)
CEQA Addendum for Grafton Station Area H
City of Dublin 6
June 2006
Evaluation of Environmental Impacts
The source of determination is listed in parenthesis. See listing of sources used to determine each potential
impact at the end of the checklist. A full discussion of each item is found following the checklist.
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a scenic vista?
(Source: 2,5)
b) Substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway? (Source: 2,5)
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? (Source: 2,5)
d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
(Source: 2,3,5)
II. AGRICULTURE RESOURCES -- Would the
project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as shown
on the maps prepared pursuant to the Farmland Mapping
and Monitoring Program of the California Resources
Agency, to non-agricultural use? (Source: 1,2 )
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? (Source: 1,2,3)
c) Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use? (Source:
1,2)
III. AIR OUALITY - Would the project:
a) Conflict with or obstruct implementation ofthe
CEQA Addendum for Grafton Station Area H
City of Dublin 7
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
June 2006
applicable air quality plan? (Source: 2,3)
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation? (Source: 2,3)
c) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)? (Source: 2,3)
d) Expose sensitive receptors to substantial pollutant
concentrations? (Source: 2)
e) Create objectionable odors affecting a substantial
number of people? (Source: 2)
IV. BIOLOGICAL RESOURCES --Would the
proj ect:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by
the California Department ofFish and Game or U.S.
Fish and Wildlife Service? (Source: 2,3)
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department ofFish and Game or US Fish and Wildlife
Service? (Source: 2,3)
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological
interruption, or other means? (Source: 2,3)
CEQA Addendum for Grafton Station Area H
City of Dublin 8
Potentially Less Than Less Than No
Significant Significant Significant Impact
. Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
June 2006
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
(Source: 2,3)
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance? (Source: 2,3,8)
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan
or other approved local, regional, or state habitat
conservation plan? (Source: 2,3)
V. CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the significance
of a historical resource as defined in S 15064.5?
(Source: 2,3)
b) Cause a substantial adverse change in the significance
of an archaeological resource pursuant to S 15064.5?
(Source: 2,3)
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? (Source: 2,3)
d) Disturb any human remains, including those interred
outside of formal cemeteries? (Source: 2,3)
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
CEQA Addendum for Grafton Station Area H
City of Dublin 9
June 2006
Division of Mines and Geology Special Publication 42.
(Source: 3)
ii) Strong seismic ground shaking? (Source: 3)
iii) Seismic-related ground failure, including liquefaction?
(Source: 3)
iv) Landslides? (Source: 3)
b) Result in substantial soil erosion or the loss of topsoil?
(Source: 3)
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result ofthe project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
(Source: 3)
d) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or property? (Source: 3)
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water? (Source: 3)
VII. HAZARDS AND HAZARDOUS MATERIALS --
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal
of hazardous materials? (Source: 3,4)
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment? (Source: 3)
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
X
CEQA Addendum for Grafton Station Area H
City of Dublin 10
June 2006
c) Emit hazardous emissions or handle hazardous or acutel
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
(Source: 3)
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment? (Source: 3)
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area? (Source: 3)
t) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area? (Source: 1,3)
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan? (Source: 1,2)
h) Expose people or structures to a significant risk ofloss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands? (Source: 1,2)
VIII. HYDROLOGY AND WATER OUALITY -
Would the project:
a) Violate any water quality standards or waste discharge
requirements? (Source: 2,3)
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
y
X
X
X
X
X
X
X
CEQA Addendum for Grafton Station Area H
City of Dublin 11
June 2006
rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)? (Source: 2,3)
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-site?
(Source: 3)
d) Substantially alter the existing drainage pattern ofthe
site or area, including through the alteration of the
course of a stream or river, or substantially increase the
rate or amount of surface runoff in a manner which would
result in flooding on- or off-site? (Source: 3)
e) Create or contribute runoff water which would exceed
the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff? (Source: 2,3)
f) Otherwise substantially degrade water quality?
(Source: 2,3)
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
(Source: 2,4,7)
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? (Source: 2,3)
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam? (Source: 3,7)
j) Expose people or structures to a significant risk of loss,
injury or death involving inundation by seiche, tsunami, or
(Source: 3)
IX. LAND USE AND PLANNING - Would the project:
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
CEQA Addendum for Grafton Station Area H
City of Dublin 12
June 2006
a) Physically divide an established community?
(Source: 2,5)
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect? (Source: 2)
c) Conflict with any applicable habitat conservation plan
or natural community conservation plan? (Source: 1,2)
X. MINERAL RESOURCES -- Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents ofthe state? (Source: 2)
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
(Source: 2)
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies? (Source: 2,3)
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
(Source: 2,3)
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing without
the project? (Source: 2,3)
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above levels
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
X
CEQA Addendum for Grafton Station Area H
City of Dublin 13
June 2006
existing without the project? (Source: 2,3)
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing Of working in the project
area to excessive noise levels? (Source: 1,2,3)
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
the project area to excessive noise levels? (Source: 1,2,3)
XII. PO PULA TION AND HOUSING-
Would the project:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)? (Source: 1,2)
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? (Source: 2)
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
(Source: 2)
XIII. PUBLIC SERVICES --
a) Would the project result in substantial adverse
physical impacts associated with the provision of new or
physically altered governmental facilities, need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any ofthe public services (Source: 2,3)
Fire Protection?
Police Protection?
Schools?
CEQA Addendum for Grafton Station Area H
City of Dublin 14
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
June 2006
Parks?
Other Public Facilities?
XIV. RECREATION--
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated? (Source: 2)
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect on
the environment? (Source: 2)
xv. TRANSPORT A TION/TRAFFIC -
Would the project:
a) Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in either
the number of vehicle trips, the volume to capacity ratio
on roads, or congestion at intersections)? (Source: 1,2,3)
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
(Source: 1,2,3)
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in location
that results in substantial safety risks? (Source: 1,2,3)
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)? (Source: 1,2,3,4)
e) Result in inadequate emergency access? (Source: 1,2,3,4
f) Result in inadequate parking capacity? (Source: 1,2,3,4)
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
X
X
CEQA Addendum for Grafton Station Area H
City of Dublin 15
June 2006
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)? (Source: 1,2,3,4)
XVI. UTILITIES AND SERVICE SYSTEMS --
Would the project:
a) Exceed wastewater treatment requirements ofthe
applicable Regional Water Quality Control Board?
(Source: 2,3)
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects? (Source: 2,3)
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects? (Source: 2,3)
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed? (Source: 2,3)
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments? (Source: 2,3)
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs? (Source: 2,3)
g) Comply with federal, state, and local statutes and
regulations related to solid waste? (Source: 2,3)
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
X
X
X
X
X
X
X
X
CEQA Addendum for Grafton Station Area H
City of Dublin 16
June 2006
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
Incorporation
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
X
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples ofthe major periods of
California history or prehistory?
X
c) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects)?
X
c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Sources used to determine potential environmental impacts:
1. Eastern Dublin Specific Plan/General Plan (1994)
2. Eastern Dublin Specific Plan/General Plan EIR (1994)
3. Dublin Ranch Area H Mitigated Negative Declaration (1999)
4. Project Plans
5. Site Visit
6. Letter from Berlogar Geotechnical Consultants dated March 6, 2006
7. Letter of Map Revision Based on Fill Determination Document from FEMA (2004)
8. Other Source.
CEQA Addendum for Grafton Station Area H
City of Dublin 17
June 2006
Discussion of Checklist
Legend
PS:
LS/M:
LS:
NI:
Potentially Significant
Less Than Significant After Mitigation
Less Than Significant Impact
No Impact
The following information is provided for the environmental checklist. The discussions are
summary only, the proper EIR and MND should be consulted for a full discussion of all of
the impacts and mitigation measures. The discussion also examine whether the additional
square footage of the commercial center would require preparation of a subsequent EIR,
MND, or ND pursuant to CEQA Guidelines Section 15162. Because the Project does not
propose a new development or square footage beyond what was originally studied for the
Tassajara Gateway subarea ofthe Eastern Dublin Specific Plan, most impacts area
unchanged for the Project. Finally, many of the prior impacts related to biology, soils,
drainage and other similar terrain-related impacts no longer apply to the Project Area since
the area has previously been rough graded.
1. Aesthetics
The project area is vacant and is relatively flat. The Eastern Dublin EIR classifies the project
site as "valley grasslands." The Project site is located adjacent to 1-580 and is located south
of Dublin Boulevard which is one of the City's major thoroughfares.
The Eastern Dublin EIR contains a number of Mitigation Measures that are applicable to this
project to assist in reducing aesthetic impacts to a less than significant level. The proposed
project will not result in any new impacts other than those identified in the 1999 Mitigated
Negative Declaration.
The 1999 Mitigated Negative Declaration identified supplemental Mitigation Measure 1 that
requires pole mounted streetlights to be equipped with cut-off lenses and oriented down
toward interior streets to minimize unwanted glare spillover. Building security lights and all
other lights shall also be directed downwards.
Proiect Impacts
a) Have a substantial adverse impact on a scenic vista? LS. Approval and
construction of the proposed project would convert an existing vacant field, which
was historically used for agricultural uses, to a commercial development. This
impact was addressed in the Eastern Dublin EIR (Impact 3.8/F) and it was
determined that no measures would reduce this impact to a less than significant
level. The EIR concluded that this impact would be a potentially significant
CEQA Addendum for Grafton Station Area H
City of Dublin 18
June 2006
irreversible change and a Statement of Overriding Considerations has been
approved for this impact.
b) Substantially damage scenic resources, including state scenic highway? NI. The
project site is located adjacent to the 1-580 freeway which is not a state scenic
highway.
c) Substantially degrade existing visual character or the quality of the site? LS. This
impact was addressed in the Eastern Dublin EIR and a Statement of Overriding
Considerations.
d) Create light or glare? LS. This impact was addressed in the 1999 Mitigated
Negative Declaration. The Mitigated Negative Declaration determined that any
development on this project site could create undue glare on adjacent properties.
Mitigation Measure 1 was incorporated into the project which reduced this impact
to a less than significant level. Mitigation Measure 1 will also apply to the new
project.
Overall, no additional impacts to aesthetics (as identified in the Eastern Dublin EIR or the
1999 Mitigated Negative Declaration) are expected to occur as a result of this Project.
II. Agricultural Resources
The Eastern Dublin EIR notes that the project site does not have soils or prime or unique
farmland. Additionally, the project site is not currently used for agricultural purposes and is
not enrolled in the Williamson Act. The Eastern Dublin EIR determined that the loss of
agricultural land was significant and unavoidable.
Proiect Impacts
a-c) Convert Prime Farmland, conflict with agricultural zoning or involve other
changes which could result in conversion of farmland to a non-agricultural use?
NI. As discussed above, although the site has been historically used for agricultural
purposes, the site is currently vacant and is not considered prime farmland.
No additional impacts to agricultural resources (as identified in the Eastern Dublin EIR or the
1999 Mitigated Negative Declaration) are expected to occur as a result of this Project.
III. Air Quality
Dublin is located in the Tri-Valley Air Basin. Within the Basin, state and federal standards
for nitrogen dioxide, sulfur dioxide and lead are met. Standards for other airborne pollutants,
including ozone, carbon monoxide and suspended particulate matter (PM-1 0) are not met in
at least a portion of the Basin.
CEQA Addendum for Grafton Station Area H
City of Dublin 19
June 2006
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant to CEQA Guidelines Section 15093, the City Council of the City of
Dublin ('"City") 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 later approved land use
applications for Dublin Ranch, including Dublin Ranch H. The City Council is currently
considering the Grafton Station shopping center project in Dublin Ranch. The project
includes a portion of Area H, and proposes a commercial development which is generally
consistent with prior approvals. The project area consists of approximately 29.2 acres,
identified in the applications as Grafton Station. The proposed project includes an
amendment to the Stage 1 Development Plan which estimated the gross acreage of the
site to be 26.9 acres. The actual gross acreage of the site is 29.2 (or a difference of 2.3
acres) and the change in gross acreage is due to several factors, including the re-
alignment of Dublin Boulevard, a more accurate measurement of the parcel, and the
inclusion of half of the street right-of way of Northside Drive in the gross acreage.
Consistent with the prior approvals, the applicant obtained a Section 404 permit from the
Corps of Engineers and has completed grading of the Development Area pursuant to the
Corps permit.
The City Council adopted a Statement of Overriding Considerations with the original
land use approvals for urbanization of Eastern Dublin. Pursuant to a 2002 California
Court of Appeals decision, the City Council hereby adopts specific overriding
considerations for the Grafton Station project.1 The City Council believes that many of
the unavoidable environmental effects identified in the Eastern Dublin EIR that are
applicable to the project site will be substantially lessened by mitigation measures
adopted with the original approval and by the environmental protection measures adopted
through the Area H project approvals, and the related Conditions of Approval, 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. 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, and other considerations that support approval
of the project.
2. Unavoidable Si2nificant Adverse Impacts. The following unavoidable significant
environmental impacts identified in the Eastern Dublin EIR, for future development of
Eastern Dublin apply to the Grafton Station project. The impacts cannot be fully
mitigated by changes or alterations to the project.
1 "... 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_(2002) 1 03 Cal.App. 4th 98,125.
EXHIBIT B
Land Use Impact 3.1IF. Cumulative Loss of Agricultural and Open Space Lands; Visual
Impacts 3.8/B; and, Alteration of Rural/Open Space Character. Although considerable
development has occurred throughout Dublin Ranch and the site is presently undeveloped
land, and has some open space character. Future development of the project site will
contribute to the cumulative loss of open space land.
Traffic and Circulation Impacts 3.3/B, 3.3/E. 1-580 Freeway, Cumulative Freeway
Impacts: The Traffic Study prepared for the Area H Stage 1 Development Plan (1999
Mitigated Negative Declaration) project and the Eastern Dublin EIR, update cumulative
impacts to the 1-580 and 1-680 freeways from development in Eastern Dublin. While city
street and interchange impacts can be mitigated through planned improvements,
transportation demand management, the 1-580 Smart Corridor program, and the
extension of Fallon Road to Tassajara Road and other similar measures, mainline freeway
impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin
EIR. Future development on the site will incrementally contribute to the unavoidable
freeway impacts.
Traffic and Circulation Impacts 3.3/L 3.3/M. Santa Rita Road/I-580 Ramps, Cumulative
Dublin Boulevard Impacts: The Grafton Station project will be required to implement all
applicable adopted traffic mitigation measures, including contributions to the City's
Traffic Impact Fee (TIF) program; however even with mitigation these impacts continue
to be identified as unavoidable, as anticipated in the Eastern Dublin EIR.
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: Future development of the Grafton Station project will contribute to
increased energy consumption.
Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary
Effects: Even with seismic design, future development of the project could be subject to
damage from large earthquakes, much like the rest ofthe Eastern Dublin planning area.
Air Quality Impacts 3.ll/A, B, C, and E: Future development of the project will
contribute to cumulative dust deposition, construction equipment emissions, mobile and
stationary source emissions.
3. Overridin2 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 development of the Grafton Station shopping
center project against the benefits of the project as set forth below. The City Council,
acting pursuant to CEQA Guidelines Section 15093, hereby determines that unavoidable
impacts of the project are outweighed by the substantial benefits of developing a regional
and community serving retail center.
The project will further the urbanization of Eastern Dublin as planned through the
comprehensive framework established in the original Eastern Dublin approvals.
Development of the project will provide 318,000 square feet of commercial floor area
which is located in close proximity to existing and future dwelling units in the vicinity
and will provide retail services to all residents of Dublin and the region. The project is
also located in close proximity to the I-580 freeway, which will promote regional and
community access to the center. In addition, the project will result in the following
economic benefits: 1) a significant number of new jobs, including part-time and full-time
employment for local residents; 2) substantial increases in sales tax revenues for the City
due to the commercial development; and 3) substantial increases in property tax
revenues.
Finally, the project serves as a continuation of the architectural and landscape themes,
materials, forms and elements as established by surrounding development, thereby
promoting the aesthetic development of the area. The design theme of Grafton Station is
a "Main Street" design theme, and will serve as a gateway to the community.