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Home My WebLink AboutReso 184-04 CEQA Addendum Emerald Pl RESOLUTION NO. 184 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING A CEQA ADDENDUM TO BOTH THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN (CERTIFIED 5/10/1993) AND THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE HillA PROJECT (CERTIFIED 3/16/2004) AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PLANNED DEVELOPMENT ZONING DISTRICT AND RELATED STAGE 1 DEVELOPMENT PLAN FOR THE EMERALD PLACE RETAIL CENTER (APNS 986-0033-002 AND 986-0033-003) PA 07-019 WHEREAS, on May 10, 1993, the Dublin City Council adopted Resolution 53-93, approving the Eastern Dublin Specific Plan and General Plan Amendment. At the same time, the City Council adopted Resolution 53-91 certifying an Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment (SCH 91103064, incorporated herein by reference). This Environmental Impact Report evaluated the environmental impacts associated with developing the 6,920 acre Eastern Dublin planning area with a range of residential, commercial, light industrial, open space, parks, schools, and other public uses; and WHEREAS, a Supplemental EIR was prepared in 2003 when a development application was submitted to the City of Dublin for a General Plan and Specific Plan Amendment to change the land use designation on a 27.55-acre piece of property from Campus Office to General Commercial (SCH 2003092076, incorporated herein by reference). The development proposal for the subject property included a 317,000 square foot Ikea retail store and a 137,000 square foot "lifestyle" retail center on the southwest comer of Hacienda Drive and Martinelli Way; and WHEREAS, the City Council certified the Ikea Project SEIR on March 16, 2004 and adopted CEQA findings and a Statement of Overriding Considerations (Resolution No. 44-04, incorporated herein by reference); and WHEREAS, the City received notification in 2006 that the Ikea project was no longer moving forward, and WHEREAS, the Applicant, James Wright on behalf of Blake Hunt Ventures., submitted an application in 2007 requesting approval of a Planned Development Rezone and related Stage 1 Development Plan to construct a 305,000 square foot retail commercial shopping center (the "Project") on the same 27.55! acres ofland, located at on the southwest comer of Hacienda Drive and Martinelli Way within the Eastern Dublin Specific Plan Area; and WHEREAS, the project is proposed to consist of 270,000 square feet of retail uses and 35,000 square feet of restaurant uses in a pedestrian-oriented outdoor center; and Reso No. 184-07, Adopted 10/02/07, Item 6.1 \ Page 1 of3 WHEREAS, the City prepared an Initial Study, dated August 3, 2007, incorporated herein by reference, to determine if additional environmental review was required pursuant to CEQA Guidelines Section 15162. Based on the Initial Study, the City determined that the potentially significant effects of the project were adequately addressed in both the Ikea Project Supplemental EIR and the Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment; and WHEREAS, pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no subsequent EIR shall be prepared for this project, as no substantial changes have been proposed to the project or the conditions under which the project will be carried out that require major revisions of the previous EIRs. No new significant environmental impacts have been identified and no substantial increase in the severity of previously identified impacts have been discovered. The project remains subject to all previously adopted mitigation measures, as applicable; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated August 3,2007, incorporated herein by reference and attached to this resolution as Exhibit A, was prepared which notes the project changes and their relation to the analysis in the Ikea Project Supplemental EIR and the Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment; and WHEREAS, the Addendum was considered by the Planning Commission together with the Ikea Supplemental EIR and the Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment at a properly noticed public hearing on the Project on September 11, 2007. The Planning Commission adopted Resolution 07-46 recommending approval ofthe CEQA Addendum; and WHEREAS, the City Council held a properly noticed public hearing on October 2,2007, at which time interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated October 2, 2007 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 Ikea Project Supplemental EIR and the Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment before making a decision on the Project; and WHEREAS, pursuant to CEQA Guidelines Section 15093 and the California Court of Appeals decision 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 did use 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 does hereby adopt the CEQA Addendum and related Initial Study, attached as Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the Emerald Place Retail Center project. BE IT FURTHER RESOLVED that the City Council hereby adopts the Statement of Overriding Considerations attached as Exhibit B. Reso No. 184-07, Adopted 10/02/07, Item 6.1 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 2nd day of October, 2007, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz and Sbranti, and Mayor Lockhart NOES: None ABSENT: Councilmember Scholz ABSTAIN: None A~T: ,~['f?fJ(- Deputy City Clerk Reso No. 184-07, Adopted 10/02/07, Item 6.1 Page 3 of3 CEQA Addendum to the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (certified 5110/1993) and the Final Supplemental Environmental Impact Report for the Ikea Project (certified 3/16/2004) For the Emerald Place Retail Center Project, PA 07-019 , August 3, 2007 PROJECT DESCRIPTION AND PRIOR CEQA ANALYSIS: On May 10, 1993, the Dublin City Council adopted Resolution 53-93 approving the Eastern Dublin Specific Plan and General Plan Amendment. At the same time, the City Council adopted Resolution 53- 91 'certifying a Program Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment, hereinafter referred to as the Eastern Dublin EIR (SCH 91103064). This Environmental Impact Report evaluated the environmental impacts associated with developing the 6,920 acre Eastern Dublin planning area with a range of residential, commercial, light industrial, open space, parks, schools, and other public uses. In 2003, a development application was submitted tothe City of Dublin for a General Plan and Specific Plan Amendment to change the land use designation on a 27.55-acre piece of property located within the Eastern Dublin Specific Plan area from Campus Office to General CommerciaL The development proposal for the subj ect property included a 317,000 square foot Ikea retail store and a 13 7,000 square foot "lifestyle" retail center on the southwest comer of Hacienda Drive and Martinelli Way. An Initial Study was completed to determine if the proposed Ikea store and neighboring retail center would require additional ,environmental review beyond that already analyzed in the Eastern Dublin EIR. The Initial Study determined that although many of the impacts 'of the proposed project were already addressed, there were changed circumstances and/or new information that could result in new or intensified impacts. These included: 1. The potential for new or newly-designated special status' biological species to be present on the subject site; 2. A change in traffic and commuting patterns since 1993 which could have substantially increased regional traffic and congestion; and 3. The potential for new regional air quality impacts due to the traffic impacts and congestion. A Supplemental EIR was completed, which examined these potential impacts (SCH 2003092076). On March 16, 2004, the Dublin City Council reviewed and approved a Stage 1 and 2 Planned Development Rezoning, General Plan and Specific Plan Amendment, and related applications for the subject site. The City Council certified the Supplemental EIR (SEIR) for the Ikea Project, including the neighboring retail center (Resolution 44-04), approved the General Plan and Specific Plan Amendments (Resolution 47- 04), and on April 6, 2004, adopted Ordinance 10-04 approving, the rezoning and related ,PD Development Plan (collectively, the "Prior Approvals"). The Prior Approvalsincluded findings and a Statement of Overriding Considerations related to supplemental Air Quality and Traffic Impacts identified in the SEIR. At the end of 2006, the City of Dublin received notice that Ikeadid not intend to move forward with the construction of their retail store, and that another developer intended to propose a modified retail conm1ercial use on the property; Exhibit A In April 2007, Blake Hunt Ventures submitted a Stage 1 Planned Development Rezoning application to the City, seeking entitlements. for a revised project consisting of a 305,000 square foot retail commercial shopping center on the same 27.55-acre site studied in the Ikea Project SEIR, hereafter referred to as "the Proj ect". The Prior Approvals (including the two certified EIRs) referenced above are incorporated' herein by reference and available for public review at Dublin City Hall during normal business hours. CURRENTCEQA ANALYSIS AND DETERMINATION THAT AN ADDENDUM IS APPROPRIATE FOR THIS PROJECT:' In order to determine if there were any significant environmental impacts that were present with the revised project proposal that were not already addressed (and mitigated if necessary) in the both the Eastern Dublin EIR and the Ikea Project SupplementalEIR, an Initial Study was completed. The Initial Study, dated August 3, 2007 and incorporated herein by reference, determined that the potentially significant effects of the proj ect were adequately addressed in the both of the above documents, and that no substantial'changes have been proposed to the Project or the conditions under which the Project will be undertaken which require revisions of the previous EIRs. This Addendum to the Eastern Dublin EIR and, the Ikea Project Supplemental EIR has been prepared, which notes the difference inthe current and previously analyzed projects and their relation to the certified Eastern Dublin EIR and the Ikea Project Supplemental EIR. The 2007 Project varies from the project as originally proposed and analyzed in the IKEA Project SEIR as follows: - Table 1 Project Comparison IKEA Project described in 2004 Emerald 'Place Town Center Difference SEIR proposal Total Project size 454,000 SF 305,000 SF -149,000 SF Retail 329,000 SF 270,000 SF] -59,000 SF 217 KSF Ikea store 112 KSF adjacent retail ctr. Restaurant 46,000 SF. 35,000 SF ] -11,000 SF 21 KSF inside Ikea store 25 KSF at adjacent retail ctr. Warehouse 62,000 SF None -62,000 SF Office 17,000 SF Ancillary to retail use and -17,000 SF included in retail square footage above Parking spaces 1,405 parking spaces 1,423 parking spaces + 18 spaces Sources: Ikea Project SEIR (certified 3/16/2004) and Current Stage 1 Site Plan (dated 8/21/07) I Additional retail use may be substituted for restaurant uses or additional restaurant use may be substituted for retail use at exchange ratios described further in this document. For the purposes of this table, the square footage comparison is based on . the project as currently propo:::ed, Although the overall project size is smaller under the revised proposal, the Initial Study determined that an additional examination of potential impacts to the traffic and circulation section of the SEIR should be completed to ensure that no new significant environmental impacts could be identified and that no increase in the severity of the previously-identified impacts would be discovered. SUPPLEMENTARY TRAFFIC ANALYSIS: The City completed a supplementary traffic analysis to analyze how the traffic impacts' of the revised project (305,000 square foot retail center with 35,000 square feet devoted to restaurant uses) compared to the project studied in the certified Ikea Project Supplemental EIR (454,000 square feet retail, warehouse, office uses with a maximum of 46,000 square feet of restaurant uses). The analysis concluded. that the traffic impacts would not be substantially different. The traffic analysis and the accompanying level of service analysis completed by the City Traffic Engineer is attached to this Addendum as Exhibit A-I, and incorporated herein by reference. The highlights of the traffic analysis are included in the sections below. In assessing whether the revised retail center project creates significant impacts that were not present or that were substantially more severe than the Ikea project, the traffic analysis examined three main measurements: , L Overall trip generation rates of the revised Project; 2. Impacts to levels of service at key intersections as a result of the revised proj ect; and 3. Consistency of the Project with the Alameda County Congestion Management Agency requirements. Project Trip Generation Rates. The traffic analysis examined the Project trip generation rates of the proposed land uses at the highest daily peak hour, as follows: Table 2 - Project Trip Generation PM Peak Hour Land Use Size " Net New Trips (ksf) In Out Total New Blake Hunt 305 KSF retail center . ShooDina Center1 270 381 413 794 Restaurant2 35 133 85 218 TOTAL 305 514 498 1,012 Source: Supplementary Traffic Analysis for the Revised Project (conducted by the City Traffic Engineer and dated 1/8/07) Notes: ksf = thousand square feet 1. Trip rate based on regression equation (and not average value) from ITE's Trip Generation (ih Edition), according to the guiding principles stated in the Trip Generation Handbook (October 1998). Shopping Center rate based on ITE Land Use Code 820. 2. Trip rate based on average rate from ITE's Trip Generation (ih Edition), according to the guiding principles stated in the Trip Generation Handbook (October 1998). Restaurant rate based on ITE Land Use Code 932. Level of Service Analysis. Since the trip generation rate and the PM peak hour trip rate for a quality restaurant are higher than the trip generation rate for a retail space of ~he same size, the traffic analysis .. assumed that the project would contain 35,000 square feet of gross building area for restaurant purposes and 270,000 square feet of gross building area for retail purposes. . However, in an effort to analyze a variety of possible scenarios for the actual use of the center, and based on the rTE standards for restaurant and retail uses, it was determined by the City Traffic Engineer that for each square foot .of space more than 270,000 that is used for retail instead of restaurant, the traffic impacts of the proposed project are reduced compared to the project with a higher amount of restaurant uses. Conversely, for each square foot of space more than 35,000 that is used for restaurant instead of retail, the traffic,impacts of the proposed project area increased. The PD-Development Plan includes the flex:ibility to substitute retail space for restaurant space and vice versa at the exchange ratios indicated below: · For each square foot of restaurant space above 35,000 square feet, 2.12 square feet of retail square footage shall be removed from the 270,000 square foot retail area and, conversely, · For each square foot of retail space above 270,000 square feet, 0..47 square feet of restaurant square footage shall be removed from the 35,000 square foot restaurant area. The traffic analysis conducted assumes that the project will contain 270,000 square feet of retail square footage and 35,000 square feet of restaurant. Any variation from these numbers will need to incorporate the above-stated exchange ratios to determine the maximum allowable square footage permitted that will keep the overall project trip generation rate under the 1,012 net new P.M. Peak Hour trip threshold noted in Table 2. - The results of the supplementary traffic analysis comparing the two projects and their impacts to intersection levels of service are as follows: Table 3 Intersection Levels of Service - Buildout Conditions PM Peak Hour With With Signalized Intersections IKEA Project Emerald Place Retail Center (As approved) Project (270 ksf retail + 35 ksf . restaurant) v/c LOS v/c LOS Dublin Boulevard/Dougherty Road 0.93 E 0.93 E Dublin Boulevard/Hacienda Drive 0.84 D 0.84 D 1-580 EB Ramp/Santa Rita Road/Pimlico 0.84 D 0.84 D Drive (Mitigated per Fallon Village SEIR) . Hacienda Drive/Martinelli Way/Hacienda 0.75 C 0.77 C Crossings 1-580 EB Ramp/Hopyard Road 0.87 D 0.87 D Notes: ksf = thousand square feet Source: Supplementary Traffic Analysis for the Revised Project (conducted by the City Traffic Engineer and dated i i8/07) As shown above, the levels of service at critical intersections are not increased as a result of the revised Project. The volume to capacity ratio is slightly increased at the Hacienda Drive intersection, however, the level of service remains unchanged and at a less than significantlevel. The traffic analysis concludes that no new or substantially more severe significant impacts on levels of service at nearby critical intersections will result from the Project, and no additional mitigation measures are required. Consistency with the Congestion Management Agency requirements. The Alameda County Congestion Management Agency (ACCMA) may require additional trafficimpact analysis on Routes of Regional Significance if specific project trip generation thresholds are exceeded. The threshold for analysis is met . if the project generates 100+ net new vehicle trips during the weekday PM peak hour. The ACCMA . assumptions for potential vehicle trips are based on local General Plans. Under the Campus Office land use category that was studied in the 1993 Eastern Dublin EIR, 922 PM peak hour trips would have been generated by a project on this 27.55-~cre site. Under the midpoint range of the General Commercial land use category that was adopted for the Ikea Project, 962 PM peak hour trips would have been generated. Therevised Project would generate 1,012 PM peak hour trips (assuming 35,000 square feet of restaurant uses within the Project). As noted above, exchange ratios. have been established which allow some flexibility in "trading" retail square footage for restaurant square footage (and vice versa) without increasing the overall trip generation rate for the project. As shown in Table 3 of the traffic analysis, the Project would generate approximately 50 more PM peak , , hour trips than assumed under the General Commercial designation. Thus, the net new }>M peak hour trips generated by the revised Project would generate fewer trips than ACCMA's 100-trip threshold, as compared to mid-point density General Commercial development (or previous General Plan/Eastern Dublin Specific Plan designation of Campus Office). Therefore, no additional. traffic impact analysis on Routes of Regional Significance is required to satisfy the Land Use Analysis Program of the Alameda County Congestion Management Program. It was determined by the City Traffic Engineer that there was not a substantial difference in the impacts .. to levels of service at the City's key intersections, as detailed in Exhibit A-I to this Addendum. Additionally, the increase in PM peak hour trips resulted in only 50 PM peak additional trips, which is below the threshold triggering ACCMA review. After reviewing the prior EIRs and the Supplementary Traffic Analysis and assessing the minor increase in PM peak hour trips, the City Traffic Engineer concluded that the traffic mitigation measures that were approved in the Eastern Dublin EIR and the Ikea Project SEIR would also be sufficient to mitigate the traffic-'related impacts of the revised Project and that no new or additional mitigation measures are required for the Project. NO SUBSEQUENT REVIEW IS REQUIRED PER CEQA GUIDELINES SECTION 15162: Pursuant to Section 15162. of the California Environmental Quality Act (CEQA) Guidelines, no subsequent EIR shall be prepared for this Project, as no substantial changes have been proposed to the Project or the conditions under which the Project will be undertaken which require revisions of the previous EIRs. No new significant environmental impacts have been identified and no substantial increase in the severity of previously identified impacts has been discovered. Pursuant to CEQA Guidelines . Section 15164, with minor technical amendments and clarifications as . outlined in this Addendum, the Program Environmental Impact Report for the Eastern Dublin Specific Plan and - General Plan Amendment and the Supplemental EIR for the Ikea Project will continue to adequately address the significant environmental impacts of the revised Project. CONCLUSION: The, City prepared an Initial Study in connection with the determination to adopt an Addendum. As provided in Section 15164, the Addendum need not be circulated for public review, but shall be considered with the prior EIR and SEIR before making a decision on the proposed project. The Initial Study, the supplementary traffic analysis and its updated Level of Service analysis conducted by the City Traffic Engineer, the Eastern Dublin EIR, and the Ikea Project SEIR are available for review in the Community Development Department at the City of Dublin, 100 Civic Plaza, Dublin, California. Exhibit A-I: Supplementary Traffic Analysis for the Revised Emerald Place Retail Center Project and Level of Service CalculationslResults PA 07~019 January 8,2007 Back2round The City of Dublin Traffic Engineer conducted a threshold analysis to determine the maximum square footage of General Commercial development that can be supported on the Project site without creating additional traffic impacts at study area intersections beyond those projected under buildout conditions of the City's General Plan including the currently approved IKEA Project. Based on this review, it was concluded that up to 305,000 square feet (SF) of General Commercial use can be supported on this site, including 270,000 SF shopping center retail and 35,000 SF restaurant use. The traffic analysis associated with this finding is summ'arized below, and the detailed level of service analysis conducted follows this document. . Proiect Trip Generation and Assi2nment Trip generation during the weekday PM peak hour was calculated for a 305,000 SF shopping center, incl~ding 270,000 SF retail and 35,000 SF restaurant use. Table 1 below summarizes trip generation calculations. The analysis was specifically conducted during the weekday PM peak . hour because peak demand for retail/restaurant uses typically coincides with peak traffic demand on adjacent streets occurring during the evening commute period. Table 1. Project Trip Generation PM Peak Hour Land Use Size Trip Rates Total Trips 0/0 Net New Trips (kst) In Out In Out Pass-By In Out Total Shopping Centerl 270 2.14 2.32 578 626 . 34 381 413 794 Restaurant2 35 6.66 4.26 233 149 43 133 85 218 TOTAL 305 811 775 514 498 1,012 Notes: ksf= thousand-square feet 1. Trip rat~ based on reg~essionequation (and n~t average value) from ITE's Trip Generation (7th Edition), according to the guiding principles stated in the Trip Generation Handbook (October 1998). Shopping Center rate based on ITE Land Use Code 820. 2, Trip rate based on average rate from ITE's Trip Generation (7th Edition), according to the guiding principles stated in the Trip Generation Handbook (October 1998). Restaurant rate based on ITE Land Use Code 932. The above Project trips were then assigned to individual turning movements at adjacent intersections using the same trip distribution and assignment assumptions used in the traffic analysis for the IKEA Project SEIR. This information was utilized to update PM peak hour turning movement volume forecasts at critical intersections in the vicinity of the Project under buildout conditions, assuming that the above 305,000 SF shopping center is developed in place of the IKEA Project. Level of Service Analysis Levels of service (LOS) at five adjacent intersections were calculated during the PM peak hour under buildout conditions with the 305,000 SF shopping center occupying the study site (see attached analysis sheets). The LOS calculations were then compared to pI7eviously calculated levels of service from the City's traffic demand model which includes IKEA Project trips. The results of this comparative analysis are summarized in Table 2 below. The five intersections listed in Table 2 were selected for the analysis because they are currently projected to operate at or below level of service D during the PM peak hour at buildout, and/or are in proximity to the Project site. Table 2 --:- Intersection Levels of Service - Buildout Conditio us PM Peak Hour With With Signalized Intersections IKEA Project Emerald Place Retail Center (As approved) Project (270 ksf retail + 35 ksf restaurant) v/c LOS v/c LOS Dublin Boulevard/Dougherty Road 0.93 E 0.93 E .. Dublin BoulevardlHacienda Drive 0.84 D 0.~4 D 1-580 EB Ramp/Santa Rita Road/Pimlico 0.84 D 0.84 D Drive (Mitigated per Fallon Village SEIR) Hacienda Drive/Martinelli Way/ 0.75 C 0.77 C Hacienda Crossings 1-580 EB Ramp/Hopyard Road 0.87 D 0.87 D Notes: ksf = thousand square feet As shown in Table 2, the volume-to-capacity (v/c) ratios are not expected to change at the study intersections, as a result of the 305,000 SF shopping center Project, except for the Hacienda DriveIMartinelli Way/Hacienda Crossings intersection where the v/c ratio is expected to increase insignificantly from 0.75 to 0.77 - still within an acceptable LOS standard. This increase would not affect the intersection LOS and the intersection is projected to operate at level of service "C", which is an acceptable level. . Levels of service would remain unchanged at all five intersections, as indicated in Table 2. The Dublin Boulevard/Dougherty Road intersection is projected to operate at level of service "E" during the PM peak .hour under buildout conditions. . As a result, this intersection was identified as the most critical intersection in determining an upper threshold for the size of General Commercial development that can be supported by the adjacent street system. Based on this LOS analysis, it was concluded that 305,000 SF of shopping center (including 270,000 SF retail and 35,000 SF restaurant use) would represent the maximum size of development that cart be supported without causing the v/cratio at the Dublin Boulevard/Dougherty Road intersection to further increase where operations already exceed the City's target performance of LOS "D". For example, if development size exceeded the 305,000 SF threshold, the PM peak hour v/c ratio at this intersection would then increase beyond current projections of 0.93 at buildout, and intersection operations could deteriorate into a more unstable LOS "E." Based on this analysis, there would be no additional supplemental cumulative impacts at study area intersections beyond those described in the IKEA SEIR as a result of implementing the above 305,000 SF shopping center Project. Therefore, the supplemental mitigations listed in the IKEA SEIR remain adequate and no additional mitigations are required, Consistency with Alameda County Con2'estion Mana2'ement A2'encvReQuirements The above 305,000 SF shopping center Project would be consistent with current "General Commercial" designation for this site under the General Plan and Eastern Dublin Specific Plan. The Alameda County Congestion Management Agency (ACCMA) may require additional traffic impact analysis on Routes of Regional Significance if specific project trip generation thresholds are exceeded. The threshold for analysis is met if the project generates 100+ net new vehicle trips during the weekday PM peak hour. To assess whether additional traffic impact analysis is necessary, on Routes of Regional Significance in the Project area, the 305,000 SF Project trip generation during the PM peak hour was compared to the following site development scenarios, as shown in Table 3: 1. General Commercial development at mid-point density, as specified in the General Plan and Eastern Dublin Specific Plan. 2. Previous General Plan/Eastern Dublin Specific Plan designation of Campus Office for the site (e.g., previous Commerce One approvals). Table 3 Congestion Management Agency Trip Generation Assessment Site Development Scenarios 305 ksf Shopping Center Mid-Point Density GC . Campus Office Trip Difference PM Peak Hour Trips Notes: ksf = thousand square feet 1,012 I. See Project Trip Generation discussed above. 2. Mid-point density equivalent to 359,893 SF. Shopping Center assumed for trip generation (with 34% pass-by) based on ITE Land Use Code 820. Trip rate based on regression equation (and not average value) from ITE's Trip Generation (7th Edition), according to the guiding principles stated in the Trip Generation Handbook (October 1998). 3. SeeIKEA Pro'ect SEIR, Table 4.3.lO. As noted in Table 3, the net new PM peak hour trips generated by the 305,000 SF shopping, center scenario would generate fewer trips than ACCMA's 100-trip threshold, as compared to mid-point density General Commercial development or previous General Plan/Eastern Dublin Specific Plan designation of Campus Office. Therefore, no additional traffic impact analysis on Routes of Regional Significance is required to satisfy the Land Use Analysis Program of the Alameda County Congestion Management Program (CMP). Exchan2e Ratio: Retail square foota2e to restaurant and vice-versa At the Applicant's request, the City Traffic Engineer reviewed trip generation comparisons between shopping center retail and restaurant uses, considering PM peak hour trip generation rates as well as percent pass-by traffic for each type of use in the analysis. Based on this review, the City Traffic Engineer determined that for each square foot of space more than 270,000 that is used for retail instead of restaurant, the traffic impacts of the proposed project are reduced compared to the project with a higher amount of restaurant uses. Conversely, for each square foot of space more than 35,000 that is used for restaurant instead of retail, the traffic impacts of the proposed project are increased. Based on the trip generation rates of the two use types, the City Traffic Engineer determined that square, footage can be "traded" at the exchange ratios indicated below: · For each square foot of restaurant space above 35,000 square feet developed in the project, 2.12 square feet of retail square footage shall be removed from the 270,000 square foot retail area and, conversely, · For each square foot of retail space above 270,000 square feet developed in the project, 0.47 square feet of restaurant square footage shall be removed from the 35,000 square foot restaurant area. LOS Resu lts LOS Software by TJK M. Transportati on consultants ======================================================================== Con di ti on: Bui 1 dout +prj 12/20/06 INTERSECTION Count Date === ================ ================ =============== ================ ======= ci ty of Dub 1 i n Peak Hour PM 1 Doughe rty /Dub 1 i n Time --- ---------------- ---------------- --------------- ---------------- ------ CCT A METHOD RIGHT THRU LEFT 8-PHASE SIGNAL ----------- 134 1315 44 I I I ^ I I I ^ I <--- v --- > I split? N LEFT 263 2.0 1.1 4.1 2.0 1.0 18 RIGHT STREET NAME: THRU 1456 ---> 3.0 (NO. OF LANES) 3.0<--- 1719 THRU Dublin RIGHT 566 2.0 3.0 3.0 2.0 3.0 798 LEFT I <--- ^ --- > I v I I I v N I I I SIG WARR ANTS: W + E 1015 1922 544 urb=Y, Rur=Y S LEFT THRU RIGH T spl it? N STRE ET NAME: Dougher ty MOVEMENT --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ , ' CRITICAL v/c ORIG INAL ADJ USTED VOL UME VOLUMEt< CAPACITY V/C RATIO --- ---------------- ---------------- --------------- ---------------- ------ NB RIGHT (R) THRU (T) LEFT (L) 544 1922 1015 238 * 1922 1015 3000 4950 4304 0.0793 O. 3883 O. 2358 0.2358 --- ---------------- ---------------- --------------- ---------------- ------ SB RIGHT (R) THRU (T) LEFT. (L) T + R 134 1315 44 134 1315 44 1449 1650 6600 . 3000 6600 O. 0812 O. 1992 O. 0147 O. 2195 0.2195 ------------------------------------------------------------------------ EB RIGHT. (R) THRU (T) LEFT (L) 566 1456 263 177 * 1456 263 3000 4950 3000 O. 0590 0.2941 O. 0877 0.2941 --- ---------------- ---------------- --------------- ---------------- ------ WB RIGHT(R) THRU (T) LEFT (L) 18 1719 798 o * 1719 798 1650 4950 4304 0.0000 0.3473 O. 1854 0.1854 --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ TOTAL VOLUME-TO-CAPACITY RATIO: INTERSECTION LEVEL OF SERVICE: 0.93. E --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ * ADJUSTED FOR RIGHT TURN ON RED INT=BLDPRJ. INT, VOL= BLDPRJ PM. PMV, CAP =. . . LOSCAP. TAB page 1 LOS Resu 1 ts LOS Software ,by TJKM Transportation consultants --- ---------------- ---------------- --------------- ---------------- ------ ------------------------------------------------------------------------ === ================ ================ =============== ================ ====== con di ti on: Bui 1 dout +prj 12 /20/06 INTERSECTION count Date 4 Haci enda/Dub 1 in Time city of Dubli n peak Hou r. PM --- ---------------- ---------------- --------------- ---------------- ------ CCT A METHOD RIGHT THRU LEFT 8-PHASE SIGNAL ----------- 275 . 547 253 I I I ^ I I I ^ I <--- v --- > I split? N LEFT 346 2.0 1.0 3.0 2.0 1.0 52 RIGHT STREET NAME: THRU 1446 ---> 3.0 (NO. OF LANES) 3.0<~-- 901 THRU Dublin RIGHT 320 2.5 3.0 3.0 1.0 2.0 .768 LEFT I <--- ^ --- > I v I I I v N I I I SIG WARR ANTS: W + E 295 902 763 urb=Y, Rur=Y S LEFT THRU RIGH T split? N STRE ET NAME: Haci end a ------------------------------------------------------------------------ ------------------------------------------------------------------------ MOVEMENT ORIG INAL ADJ USTED VOL UME VOLUME* CAPACITY , vlc RATIO CRITICAL vlc -- - -- --- - ---------- ---- - ----,------- --------------- -- ---- -- - - ---- - - ------ NB RIGHT (R) 763 341 * 1650 O. 2067 0.2067 THRU (T) 902 902 4950 o. 1822 LEFT (L) 295 295 4304 O. 0685 --- ---------------- ---------------- --------------- ---------------- ------ SB RIGHT (R) 275 85 J. 1650 O. 0515 THRU (T) 547 547 4950 O. 1105 LEFT (L) 253 253 3000 O. 0843 0.0843 --- ---------------- ---------------- --------------- ---------------- ------ EB RIGHT (R) 320 114 * 3000 O. 0380 THRU (T) 1446 1446 4950 o. 2921 0.2921 LEFT (L) 346 346 3000 O. 1153 --- ---------------- ---------------- --------------- ---------------- ------ WB RIGHT (R) THRU (T) LEFT (L) , 52 901 768 o * 901 768 1650 4950 3000 0.0000 O. 1820 O. 2560 0.2560 ------------------------------------------------------------------------ ------------------------------------------------------------------------ TOTAL VOLUME-T O-CAPACITY RATIO: INTERSECTION LEVEL OF SERVICE: 0.84 D ------------------------------------------------------------------------ --- ---------------- ---------------- --------------- ---------------- ------ * ADJUSTED FOR RIGHT TURN ON RED INT=BLDPRJ . INT, VOL= BLDPRJ PM. PMV ,CAP =. . . LOSCAP. TAB page 2 LOS Results LOS Software by TJKM Transportation consultants --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ Con di ti on: Bui 1 dout +prj 12/20/06 ------------------------------------------------------------------------ --- ---------------- ---------------- --------------- ---------------- ------ INTERSECTION Count Date 7 Santa Ri ta Rd. /1 -580 EB Ramps ci ty of Dubl i n . Ti me Peak Hour PM --- ---------------- ---------------- --------------- ---------------- ------ LEFT 1057 RIGHT THRU LEFT 7-PHASE SIGNAL 927 1791 270 I I I ^ I I I ^ I <--- v --- > I split? N 3.0 . 1.9 2.0 1.0 2.5 515 RIGHT CCT A METHOD STREET NAME: THRU 79 ---> 1.0 (NO. OF LANES) 0.0<--- 0 THRU 1-580 EB Ramps RIGHT 65 1.9 0.0 4.1 1.1 2.0 126 LEFT I <--- ^ --,.. > I v I I I v N I I I SIG WARR ANTS: W + E o 2596 203 urb=Y, Rur=Y 5 LEFT THRU RIGH T split? N STRE ET NAME: Santa Rita Rd. ------------------------------------------------------------------------ --- ---------------- ---------------- --------------- ---------------- ------ MOVEMENT ORIGINAL ADJUSTED VOLUME VOLUME* CAPACITY V/C RATIO CRITICAL v/e NB RIGHT (R) THRU (T) T + R 203 2596 .203 2596 2799 1650 6600 6600 O. 1230 O. 3933 0.4241 0.4241 ------------------------------------------------------------------------ SB RIGHT (R) 927 927 1650 O. 5618 THRU (T) 1791 1791 3300 O. 5427 LEFT (L) 270 270 1650 O. 1636 0.1636 --- ---------------- ---------------- --------------- ---------------- ------ EB RIGHT (R) 65 65 1650 O. 0394 THRU (T) 79 79 1650 O. 0479 LEFT (L) 1057 1057 4304 O. 2456 0.2456 WB RIGHT (R) LEF'T' (L) 515 126 24 * 126 3000 3000 0.0080 O. 0420 0.0080 . === ================ ================= ================ ================ ====== TOTAL VOLUME-TO-CAPACITY RATIO: INTERSECTION LEVEL OF SERVICE: 0.84 D ======================================================================== * ADJUSTED FOR RIGH T TURN ON RED INT=BLDPRJ.INT,VOL=BLDPRJPM.PMV,CAP=...LOSCAP.TAB page 3 LOS Results LOS software by TJKM Transportation consultants ------------------------------------------------------------------------ --- ---------------- ---------------- --------------- ---------------- ------ Con di tion: Bui 1 dout +prj 12 /20/06 --- ---------------- ---------------- --------------- ---------------- ------ ------------------------------------------------------------------------ INTERSECTION Count Date 18, Hacienda Dr/Haci enda xing Time City of Dubli n ) Peak Hour PM STRE ET NAME: Haci end a Dr --- ---------------- ---------------- --------------- ---------------- ------ ------------------------------------------------------------------------ MOVEMENT ORIGINAL ADJUSTED VOLUME VOLUME* CAPACITY , V/C RATIO CRITICAL v/c NB RIGHT (R) 331 106 * 1650 O. 0642 THRU (T) 1502 1502 4950 O. 3034 LEFT (L) 753 753 4304 O. 1750 0.1750 --- ---------------- ---------------- --------------- ---------------- ------ SB RIGHT (R) 260 260 1650 O. 1576 THRU (T) 13 76 1376 6600 O. 2085 LEFT (L) 10 10 3000 O. 0033 T + R 1636 6600 0.2479 0.2479 --- ---------------- ---------------- --------------- -------.;..-------- ------ EB RIGHT (R) 1173 884 ~ 4304 O. 2054 THRU (T) 42 42 1650 O. 0255 LEFT (L) 458 458 1650 0.2776 T +R 926 4304 O. 2151 0.2151 --- ---------------- ---------------- --------------- ---------------- ------ WB RIGHT (R) 10 10 1650 0.0061 THRU (T) 40 40 1650 O. 0242 LEFT (L) 409 409 3000 O. 1363 0.1363 T + R 50 1650 O. 0303 ======================================================================== TOTAL VOLUME-TO-CAPACITY RATIO : INTERSECTION LEVEL OF SERVICE: 0.77 C === ================= ================ =============== ===:============= ====== ~, ADJUSTED FOR RIGH T TURN ON RED INT=BLDPRJ.INT,VOL=BLDPRJPM.PMV,CAP=...LOSCAP.TAB Page 4 LOS Results LOS Software by TJK M Transportati on consul tants --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ condi ti on: Bui 1 dout +prj 12 120106 --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ INTERSECTION cou nt Date 26 Hopyard Rd./I-580 EB Ramps . Time , ci tyof Dubl i n Peak Hour PM --- ---------------- ---------------- --------------- ---------------- ------ CCTA METHOD RIGHT THRU LEFT 2-PHASE SIGNAL ----------- 529 1597 0 I I I ^ I ~ I I ^ I <--- v --- > I split? N LEFT 852 2.0 1.9 3.0 0:0 0.0 0 RIGHT STREET NAME: THRU 0 -,--> 0.0 (NO. OF LANES) 0.0<--- '0 THRU 1-580 EB Ramps RIGHT 1200 2.0 0.0 3.0 1.9 0.0 0 LEFT I <--- ^ --- > I v I I I v N I I I SIG WARR ANTS: W + E o 2722 337 urb=Y, Rur=Y S LEFT THRU RIGH T Split? N STRE ET NAME: Hopya rd Rd. ------------------------------------------------------------------------ --- ---------------- ---------------- --------------- ---------------- ------ MOVEMENT ORIG INAL ADJ USTED VOL UME VOLUME* CAPACITY vlc RATIO CRITICAL vlc NB RIGHT (R) THRU (T) 337 2722 337 2722 1800 5400 O. 1872 O. 5041 0.5041 SB RIGHT (R) THRU (T) . 529 1597 529 1597 1800 5400 O. 2939 O. 2957 EB RIGHT (R) LEFT (L) 1200 852 1200 852 3273 3273 O. 3666 O. 2603 0.3666 ------------------------------------------------------------~----------- --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ TOTAL VOLUME-TO-CAPACITY RATIO: INTERSECTION LEVEL OF SERVICE: 0.87 o --- ---------------- ---------------- --------------- ---------------- ------ --- ---------------- ---------------- --------------- ---------------- ------ * ADJUSTED FOR RIGHT TURN ON RED INT=BLDPRJ. INT, VOL= BLDPRJPM. PMV ,CAP,,:.. . LOSCAP. TAB page 5 EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS 1. GENERAL. The . Project is within the Eastern Dublin General Plan Amendment .and Specific Plan (the "Eastern Dublin GPAlSP") planning area which was the subject of the Eastern Dublin EIR, certified by Resolution 53-93 on May 10, 1993. The EIR analyzed the potenti~ll effects of future Urban development planned for a largely undeveloped area east of the then-existing City. Numerous environmental impacts were identified and numerous mitigation measures adopted. upon approval of the Eastern Dublin GP AlSP ~ The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastern Dublin GPAlSP project. For identified impacts that could notbe mitigated to a less than significant level, the Dublin City Council adopted a Statement of Overriding Considerations. While the Eastern Dublin EIR evaluated traffic impacts throughout the plan area, it concluded that cumulative traffic impacts at the DublinIDougherty intersection could be mitigated to a less than significant level. Later environmental reviews, including the Ikea Project Supplemental EIR, certified by City Council Resolution 44-04 on March 16,.2004, identified cumulative traffic impacts at the DublinIDougherty intersection as being significant and unavoidable. The Dublin City Council adopted a Statement of Overriding Considerations for this impact. Pursuant to a 2002 California Court of Appeals decision, the City Council hereby adopts specific overriding considerations for the Emerald Place Retail Center project.! The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR and Ikea Project SEIR that are applicable to the project site will be substantially lessened by mitigation measures adopted with the original approval. 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 Ikea Project SEIR. 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 SIGNIFICANT ADVERSE IMP ACTS. The following unavoidable, significant environmental impact(s) identified in the Eastern Dublin EIRand Ikea Project SEIR for future development of Eastern Dublin apply to the Emerald Place Retail Center project. The impact(s) cannotbe fully mitigated by changes or alterations to the project. Traffic and Circulation Impacts 3.3/B, 3.3/E. 1-580 Freeway, Cumulative Freeway Impacts: While city street and interchange impacts can be mitigated through planned improvements, transportation demand management, the 1-580 Smart Corridor program and other similar measures, mainline freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern. Dublin EIR. Future, development on the Emerald Place Retail Center site will still incrementally contribute to the unavoidable freeway impacts. I "". public officials must still go on the record and explain specifically why they are approving the lat.er project despite its significant unavoidable impacts." (emphasis original.) Communities for a Better Environment v, California Resources Agencyj2002)103 Ca1.App.4th 98, 125. ~ . 10f3 Exhibit B Traffic and Circulation Impacts 3.3/L 3.3/M. Santa Rita RoadJI-580 Ramps, Cumulative Dublin Boulevard Impacts: The Emerald Place Retail Center project willbe required to implement all applicable adopted traffic mitigation measures, including contributions to the City's TIP program; however even with mitigation these impacts continue to be identified as unavoidable, as anticipated in the Eastern DublinEIR. . 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 Emerald Place Retail Center 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 Emerald Place Retail Center project could be subject to damage from large earthquakes, much like the rest of the Eastern Dublin planning area. Air Quality Impacts 3.ll/A, B, C, and E. Future development of the Emerald Place Retail Center project will contribute to cumulative dust deposition, construction equipment emissions, and mobile and: stationary source emissions. Supplemental Impacts SM-AQ-2. Project emission increase that would exceed the BAAQMD significance thresholds for ozone precursors on project and cumulative levels: Even with implementation of the previously adopted mitigation measures and the additional mitigation measures in the Supplemental EIR, project and cumulative precursor emissions will exceed BAAQMD thresholds. Supplemental Impacts SM-AQ-4. Project would change traffic volumes and congestion levels, changing carbon monoxide concentrations: Even with implementation of the previously adopted mitigation measures and the additional mitigation measures in the Supplemental EIR, project traffic volumes and, congestion levels will likely change carbon monoxide concentrations. Supplemental Impact SM- TRA -3. Impacts to study intersections under Buildout conditions (Dublin Boulevard/Dougherty Road): Even with implementation of the previously adopted mitigation measures, including contribution to intersection improvements through the TIP program, the Emerald Place Retail Center project will contribute to significant and unavoidable impacts at this intersection under buildout conditions. 3. 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 and Ikea Project SEIR. The City Council now balances those unavoidable impacts that apply to development of the Emerald Place Retail 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 retail shopping center. 20f3 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 a 305,000 square foot retail center which is located in close proximity to existing and future dwelling units and will provide shopping and dining opportunities to all residents of Dublin and the Tri-Valley region. The project is also located in close proximity to the I-580 freeway, which will promote regional and community access to the site. 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) opportunities for Dublin and Tri Valley residents to shop and dine closer to home, thereby reducing the need to travel greater distances to do so; and 3) an increase in revenues from property and sales taxes. 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 the Emerald Place Retail Center, as it is further developed, will serve as a gateway to the community. 30f3