Reasons for Exemption
The City of Dublin, acting as lead agency, determined on December 21, 2021, that approval of the Project and related actions for the Project, were exempt from CEQA pursuant to pursuant to Government Code section 65457 and CEQA Guidelines section 15182, subdivision (c), which exempts residential development projects that are consistent with a specific plan for which an Environmental Impact Report (EIR) has been certified. CDFW considered the City of Dublin’s exemption determination and found, in the exercise of its own independent judgement, that CDFW’s approval of the Project and issuance of the ITP is also properly the subject of the exemption identified in Government Code section 65457 and CEQA Guidelines section 15182, subdivision (c). Issuance of the ITP, in this respect, is statutorily exempt from environmental review under CEQA because under Government Code section 65457 and CEQA Guidelines section 15182, CEQA does not apply to certain residential projects, including but not limited to land subdivisions, zoning changes, and residential planned unit developments undertaken pursuant to and in conformity to a specific plan for which a public agency prepared an EIR after January 1, 1980, and no events subsequent to adoption of the specific plan have required a subsequent or supplemental EIR pursuant to Public Resources Code section 21166 and California Code of Regulations, title 14, section 15162. The Project is a residential planned unit development undertaken pursuant to and in conformity to the Eastern Dublin General Plan Amendment and Specific Plan EIR (SCH No. 91103064; certified May 10, 1993), the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (SCH No. 2001052144; certified April 2, 2002), and the Fallon Village Supplemental EIR (SCH No. 2005062010; certified December 5, 2005), certified by the lead agency, City of Dublin, for the Project pursuant to the California Environmental Quality Act (CEQA). The Project was envisioned by and is in conformance with the Specific Plan as detailed in the City of Dublin’s Ordinance No. 11-21 passed and adopted on December 21, 2021, and includes Permittee's existing obligation to implement and adhere to the mitigation measures related to the Covered Species in the Biological Resources sections of the EDSP EIRS certified by the City of Dublin for the project on May 10, 1993, April 2, 2002, and December 5, 2005, respectively as lead agency for the Project.