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10
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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020309
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10
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1/29/2009 9:24:19 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
2/3/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
10
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04
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\CITY CLERK\AGENDA PACKETS\2009\022409
04 ATTACHMENT 09
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\CITY CLERK\AGENDA PACKETS\2009\022409
04 ATTACHMENT 10
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\CITY CLERK\AGENDA PACKETS\2009\022409
04 ATTACHMENT 17
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\CITY CLERK\AGENDA PACKETS\2009\022409
04 ATTACHMENT 18
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\CITY CLERK\AGENDA PACKETS\2009\022409
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construction timing. Further, staff recommends that mitigation measure TR-10C <br />(relating to potential impacts at the Dublin Boulevard/Dougherty Road intersection) be <br />deleted since the City of Dublin has confirmed that additional intersection improvements <br />are infeasible at the Dublin Boulevard/Dougherty Road intersection. These <br />recommended revisions, including minor corrections to the draft EIR, are shown in <br />Attachment 9. <br />Statement of Overriding Considerations <br />If a lead agency approves a project without mitigating all of the significant impacts, it <br />must adopt a statement of overriding considerations, in which it balances the benefits of <br />the project against the unavoidable environmental risks. The statement of overriding <br />considerations must explain the social, economic, or other reasons for approving the <br />project despite its environmental impacts. As noted above, the EIR identifies three <br />items that are "significant and unavoidable" requiring adoption of a Statement of <br />Overriding Considerations. A comprehensive list of benefits, including social benefits, is <br />provided in the Statement of Overriding Considerations (see Attachment 6). Staff <br />concludes, and recommends that the Council find that the potential benefits outweigh <br />the environmental risks of the Ice Center Alternative. <br />CEQA Findings <br />CEQA requires the lead agency to adopt findings for each potentially significant <br />environmental impact disclosed in an EIR. Specifically, for each significant impact, the <br />lead agency must make one or more of the following three findings: <br />• Changes or alterations have been incorporated into the project to avoid or <br />substantially lessen the significant environmental effects identified in the EIR; <br />Such changes or alterations are within the responsibility and jurisdiction of <br />another public agency and should be adopted by that agency; or <br />• Specific economic, social, legal, technological, or other considerations make the <br />mitigation measures or alternatives identified in the EIR infeasible. <br />The CEQA findings are included in Attachment 6. <br />CONCLUSION <br />Based on the above planning and environmental analysis, staff concludes that the <br />planning documents are consistent with the MOU and as a result, they are being <br />recommended for approval as set forth in the Staff Recommendations 1, 2 and 3 listed <br />on page two of this report. If the Council concurs with staffs recommendation, staff <br />intends to begin processing the project PUD's for approval. While a specific PUD <br />review schedule has not yet been established, it is assumed that the first Planning <br />Commission review will be related to the Hendrick Automotive/Mercedes Benz <br />applications, followed by CLC and Fremont Land. Reviews should begin within the next <br />90 days. In addition, staff is currently holding discussion with the SJAM regarding a <br />potential ground lease for the ice skating facility (Ice Center) and expects that this will <br />be forwarded to the Council for its review in the second quarter of this year. If the <br />Page 7 of 10 <br />
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