HomeMy WebLinkAbout8.1 Attmt 1 Exh B Stmt Overriding ConsiderationEXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant to CEQA Guidelines section 15093, the City Council of the City
of Dublin adopted a Statement of Overriding Considerations for those impacts identified
in the Eastern Dublin EIR as significant and unavoidable. (Resolution 53-93, May 10,
1993, incorporated herein by reference.) 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. In 2000, the City
Council approved land use applications for Dublin Ranch, including Dublin Ranch Areas
F, G and H, and adopted a related Mitigated Negative Declaration for potential
development of Area G. The City Council is currently considering the Promenade
project ("Project") in Dublin Ranch. The Project includes a 23 acre portion of Area G
with a Vesting Tentative Parcel Map to subdivide the site into 4 parcels and a Conditional
Use Permit for a minor amendment to the Area G Planned Development zoning to
reallocate the density within the maximum approved density. The Project also proposes a
fitness center and commercial retail and office development on 3.72 acres of the Project
area through a Conditional Use Permit and Site Development Review.
The City Council adopted a Statement of Overriding Considerations with the original
land use approvals for urbanization of Eastern Dublin. As decision maker on the
Promenade project and pursuant to a 2002 court decision, the City Council hereby adopts
specific overriding considerations for the Promenade project. 1 The City Council
believes that many of the unavoidable envirorunental effects identified in the Eastern
Dublin EIR that are applicable to the Promenade site will be substantially lessened by
mitigation measures adopted with the original approval and by the environmental
protection measures adopted through the Area G project approval, 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 Promenade 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 Impacts. The following summarizes the
unavoidable significant environmental impacts identified in the Eastern Dublin EIR for
future development of Eastern Dublin that apply to the Promenade project:
Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands; Visual
Impacts 3.8/B, 3.8/F, Alteration of Rural/Open Space Character and Alteration of Visual
Character of Flatlands. Although considerable development has occurred throughout
1 "...public officials must still goon the record and explain specifically why they are approving the
later project despite its significant unavoidable impacts." (emphasis original.) Communities for a
Better Environment v. California Resources Agency 103 Cal.App. 4th 98, _ (2002).
Exhibit B
Attachment 1
Dublin Ranch, the site is presently undeveloped land and has some open space character.
Future development of the Promenade site will contribute to the cumulative loss of open
space land.
Traffic and Circulation Impacts 3.3/B, 3.3/E. I-580 Freeway, Cumulative Freeway
Impacts: City street and interchange impacts can be mitigated through planned
improvements, payment of Traffic Impact Fees and other measures, however, mainline
freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern
Dublin EIR and 2000 MND. Future development on the Promenade site will
incrementally contribute to the unavoidable freeway impacts.
Traffic and Circulation Impacts 3.3/I, 3.3/M. Santa Rita Road/I-580 Ramps, Cumulative
Dublin Boulevard Impacts: The Promenade project will be required to implement all
applicable adopted traffic mitigation measures, including contributions to the City's 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. S/F, H, U. Increases
in Energy Usage Through Increased Water Treatment, Disposal and Operation of Water
Distribution System: Future development of the Promenade 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 Promenade project could
be subject to damage from large earthquakes, much like the rest of the Eastern Dublin
planning area.
Biological Resources Impact 3.7/C. Loss or Degradation of Botanically Sensitive
Habitat. Development of the Promenade project would contribute to the overall loss or
degradation of botanically sensitive lands in Eastern Dublin.
Noise Impact 3.10/B. Exposure of Existing Residences to Future Roadway Noise. The
Promenade project will increase traffic on area roadways contributing to increased noise
levels.
Air Quality Impacts 3.11/A, B, C, and E: Future development of the Promenade project
will contribute to cumulative dust deposition, construction equipment emissions, mobile
and stationary source emissions.
3. OverridinE 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 considers the
previously identified significant unavoidable impacts, balances those unavoidable
impacts that apply to future development on the Promenade site against its benefits, and
hereby determines that the benefits of the Promenade project as further set forth below
outweigh its unavoidable impacts.
Economic considerations. The Project proposes new construction of commercial
facilities on a vacant site and will provide substantial benefits of new jobs, construction
jobs, increased sales tax revenue and increased property tax revenue.
Land use considerations. The Project will further the urbanization of Eastern Dublin as
planned through the comprehensive framework established in the original Eastern Dublin
approvals. The proposed development will implement the. Village Center concept
established in the 2000 Area G approvals by providing a fitness center and commercial
retail and office facilities and related services and employment opportunities within ready
walking and bicycling distance of higher density housing and proximate to other housing
in Dublin Ranch and Eastern Dublin.
G: IPA#120081PA 08-006 Club Sport PromenadelDevelopment AgreementlPC Mtg 8-I1-091CC promenade stmt ofoverriding
considerations. DOC