HomeMy WebLinkAbout8.2 Exh B SOC EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant to CEQA Guidelines section 15093, the City Council of the City
of Dublin adopted a Statement of Overriding Considerations for those impacts identified
in the Schaefer Ranch EIR as significant and unavoidable (Resolution No. 76-96, July 9,
1996). The City Council carefully considered each impact in its decision to approve
urbanization of the Schaefer Ranch through approval of a General Plan Amendment
and the Schaefer Ranch Planned Development Zoning and Land Use and Development
Plan. The City Council is currently considering a General Plan Amendment, a PD
rezoning amendment and related development applications for Unit 3 of the Schaefer
Ranch.
More specifically, the project involves a resubdivision of a portion of Unit 3 at the
terminus of Dublin Boulevard, known as Schaefer Way. The resubdivision would create
19 residential lots in lieu of six existing lots on the site. The project also involves a
modification of Mitigation Measure 4.G.1 contained in the 1996 EIR that required the
project developer to pay a fair share of the cost to signalize the Dublin Canyon
Road/Schaefer Ranch Road intersection. The proposed action would delete this portion
of Mitigation Measure 4.G.1 since it has been documented by Alameda County Public
Works Department that signal warrants are not met.
The area described above is in Schaefer Ranch and was addressed in the certified
Schaefer Ranch EIR. Pursuant to CEQA Guidelines section 15162, the City prepared
an Addendum to the 1996 Schaefer Ranch EIR for the current project described above.
The Addendum is based on a completed Initial Study that identified no additional
significant unavoidable impacts for the current project; however, the Schaefer Ranch
EIR identified three significant unavoidable impacts, for which statements of overriding
considerations were adopted for the related 1996 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.'
The City Council believes that many of the unavoidable environmental effects identified
in the Schaefer Ranch EIR 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 Schaefer Ranch 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,
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 103 Cal. App. 4`h 98. (2002)
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Exhibit B
environmental, land use, or other consicierations that support approval of the current
project.
2. Unavoidable Siqnificant Adverse Impacts from the Schaefer Ranch EIR. The
following unavoidable significant envirc�nmental impacts identified in the Schaefer
Ranch EIR for future development of Schaefer Ranch apply to the current project.
Vegetation and Wildlife, Impact 6E. Secondary effects on native plants and wildlife.
Air Quality Impact 12D. Regional pollutar�t emissions.
Cumulative Impact 18.4D. Cumulative vec�etation and wildlife impacts.
3. Overridinq Considerations. The City Council previously balanced the benefits of
the Schaefer Ranch project approvals a�ainst the significant and potentially significant
adverse impacts identified in the Schaefer Ranch EIR. The City Council now balances
those unavoidable impacts that apply to future development on the current project site
against its benefits, and hereby determines that such unavoidable impacts are
outweighed by the benefits of the current project as further set forth below. The City
declares that each one of the benefits included below, independent of any other
benefits, would be sufficient to justify a�proval 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 the Schaefer Ranch area as planned
through the comprehensive framework e�tablished in the original Schaefer Ranch Land
Use and Development Plan. The current project provides for approximately 10.26 acres
of permanent open space on the west side of Schaefer Ranch that does not currently
exist. Future lots that will be allowed by the Project would be of a size and configuration
more consistent with other nearby residential lots in Schaefer Ranch. By adding new
dwelling units, the Project will assist the City in providing unique lotting opportunities
and housing options as set forth in the �dopted Housing Element of the General Plan.
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 Citywide. Development of the
project site will provide construction employment opportunities for Dublin residents.
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