HomeMy WebLinkAbout8.2 Att 6 Exh A with attch "E"-Stmt Overriding Considerations EXHIBIT E
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant to CEQA Guidelines section 15093, the City Council of the City
of Dublin adopted a Statement of Overriding Considerations for those impacts identified
in the Eastern Dublin EIR as significant and unavoidable (Resolution 53-93, May 10,
1993). The City Council carefully considered each impact in its decision to approve
urbanization of Eastern Dublin through approval of the Eastern Dublin General Plan
Amendment and Specific Plan project. The City Council is currently considering
General Plan/Eastern Dublin Specific Plan amendments, PD rezoning amendments and
development applications for portions of Dublin Ranch Subarea 3, Wallis Ranch, and
Jordan Ranch. The Jordan Ranch portion also includes a Development Agreement
amendment. More specifically, the current project proposes the following:
Dublin Ranch Subarea 3. Change the land use designation for 10.4 acres from
RR/A to Parks/Public Recreation and approve a Planned Development rezoning with
related Stage 1 Development Plan.
Wallis Ranch. Change the land use designation for 1 .9 acres from Semi-Public to
Parks/Public Recreation and approve a Planned Development rezoning with related
Stage 1 Development Plan.
Jordan Ranch. Parcel H: Change the land use designation for 4.6 acres from
Mixed Use to Medium Density Residential; approve Planned Development rezoning with
related Stage 1 and 2 Development Plan, Site Development Review, and Vesting
Tentative Map. Neighborhood 7: Approve Planned Development rezoning with related
Stage 1 and 2 Development Plan, Site Development Review, and Vesting Tentative
Map. School site: Change the land use designation for 3.7 acres from Parks/Public
Recreation to Public/Semi-Public and approve Planned Development rezoning with
related Stage 1 Development Plan for future development of a school site. The Jordan
Ranch proposal also requests approval of a Development Agreement amendment.
All three of the areas described above are in Eastern Dublin and were addressed in the
certified Eastern Dublin EIR. All three of the areas have received subsequent
development approvals that were analyzed in subsequent CEQA documents, including
3 supplemental EIRs. Pursuant to CEQA section 21166, the City prepared a Mitigated
Negative Declaration (MND) for the current project described above. The MND
identified no additional significant unavoidable impacts for the current project; however,
the Eastern Dublin EIR and all three supplemental EIRs identified significant
unavoidable impacts, for which statements of overriding considerations were adopted
for the related project approvals. Pursuant to a 2002 court decision, the City Council
must again adopt overriding considerations for the previously identified unavoidable
impacts that apply to the current 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.
2524514.1 Page l oC
- Exhibit E
The City Council believes that many of the unavoidable environmental effects identified
in the Eastern Dublin EIR and the Supplemental EIRs will be substantially lessened by
mitigation measures adopted with the previous approvals and by the environmental
protection measures included in the current project design or adopted through the
project approvals, to be implemented with the development of the project on the sites
described above. Even with mitigation, the City Council recognizes that the
implementation of the current project on the above described sites carries with it
unavoidable adverse environmental effects as identified in the Eastern Dublin EIR and
the Supplemental EIRs. The City Council specifically finds that to the extent that the
identified adverse or potentially adverse impacts for the project have not been mitigated
to acceptable levels, there are specific economic, social, environmental, land use, or
other considerations that support approval of the current project.
2. Unavoidable Significant Adverse Impacts from the Eastern Dublin EIR. The
following unavoidable significant environmental impacts identified in the Eastern Dublin
EIR for future development of Eastern Dublin apply to the current project.
Land Use Impact 3.1F. Cumulative Loss of Agricultural and Open Space Lands;
Visual Impacts 3.8/B; and, Alteration of Rural/Open Space Character
Traffic and Circulation Impacts 3.3/8, 3.3/E. I-580 Freeway, Cumulative Freeway
Impacts
Traffic and Circulation Impacts 3.3/l, 3.3/M. Santa Rita Road/I-580 Ramps, Cumulative
Dublin Boulevard Impacts.
Community Services and Facilities /mpact 3.4/S. Consumption of Non-Renewable
Natural Resources and Sewer Water and Storm Drainage Impact 3.5/F, H, U.
Increases in Energy Usage Through Increased Water Treatment, Disposal, and
Operation of Water Distribution System.
Soils, Geology, and Seismicity Impact 3.6/8. Earthquake Ground Shaking, Primary
Effects.
Air Quality Impacts 3.11/A, 8, C, and E. Future development of the Project will
contribute to cumulative dust deposition, construction equipment emissions, mobile and
stationary source emissions.
3. Unavoidable Siqnificant Adverse Impacts from the EDPO Supplemental EIR.
The following unavoidable supplemental environmental impacts were identified in the
EDPO Supplemental EIR and could apply to the current project.
Supplemental Impact Traffic 6: Year 2025 cumulative buildout with project scenario,
Dougherty Road/Dublin Boulevard intersection.
California Resources Agency 103 Cal. App. 4`h 98. (2002)
2524514.l Page 2 of
Supplemental Impact Traffic 7: Year 2025 cumulative buildout with project scenario,
Hacienda Drive/Dublin Boulevard intersection.
Supplemental Impact Traffic 8: Year 2025 cumulative buildout with project scenario,
Fallon Road/Dublin Boulevard intersection.
Supplemental /mpact Traffic 11: Year 2025 cumulative buildout with project scenario,
freeway segments on I-580 and I-680 in the EDPO project area.
4. Unavoidable Siqnificant Adverse Impacts from the Fallon Village Supplemental
EIR. The following unavoidable significant environmental impacts were identified in the
Fallon Village Supplemental EIR and could apply to the current project.
Supplemental Impact TRA-1: Project contribution to impact the Dublin/Dougherty
intersection (DSEIR p. 64).
Supplemental Impact TRA-4: Cumulative impacts to local freeways (DSEIR p. 69).
Supplemental Impact TRA-5: Consistency with Alameda County Congestion
Management Plan (DSEIR p. 73).
Supplemental Impact CUL-2: Demolition of the Fallon Ranch House (DSEIR p. 218.)
Supplemental Impacts AQ-2, AQ-3: Increase in regional emissions (DSEIR pp. 239-
240.).
5. Unavoidable Siqnificant Adverse Impacts from the Dublin Ranch West (Wallis
Ranch) Supplemental EIR. The following unavoidable significant environmental
impacts identified in the 2005 Supplemental EIR and could apply to the current project.
Supplemental Impacts AQ-2, AQ-3. 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 Impact TRA-2. 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 TIF program, the project will contribute to significant and unavoidable
impacts at this intersection under buildout conditions.
6. 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 the Supplemental EIRs. The
City Council now balances those unavoidable impacts that apply to future development
on the current project sites against its benefits, and hereby determines that such
unavoidable impacts are outweighed by the benefits of the current project as further set
2524514.1 Page 3 of
forth below. The City declares that each one of the benefits included below,
independent of any other benefits, would be sufficient to justify approval of the current
project and override the current project's significant and unavoidable impacts. The
substantial evidence demonstrating the benefits of the current project are found in these
findings, and in the record as a whole for the current project.
The current project will further the urbanization of Eastern Dublin as planned through
the comprehensive framework established in the original Eastern Dublin approvals. The
current project will maintain and expand open space through the proposed parkland
designations. The current project provides a much-needed school site for future
construction by the Dublin Unified School District. The current project will create
residential development that is compatible with residential development in the vicinity,
provides housing to help satisfy the City's housing production RHNA goals, and will help
implement policies contained in the Housing Element of the General Plan. The
development portions of the current project will provide local roadway improvements
contributing to an efficient public roadway system. The project will provide streetscape
improvements such as curb, gutter, sidewalk, and landscaping that will be an amenity to
the larger community and provide safer pedestrian and bicycle access between existing
neighborhoods. The project will create new revenue for the City, County, and State
through the transfer and reassessment of property due to the improvement of the
property and the corresponding increase in value. The project will contribute funds to
construct schools, parks, and other community facilities that are a benefit City-wide.
Development of the project site will provide construction employment opportunities for
Dublin residents.
2524514.1 Page 4 of�