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Home My WebLink AboutPC Reso07-02 Wallis Ranch PA05-051 Mitigated Neg Declaration RESOLUTION NO. 07 - 02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT OF THE DUBLIN RANCH WEST/W ALLIS RANCH PROJECT TO EXPAND ONTO PROPERTY IN CONTRA COSTA COUNTY PA 05-051 WHEREAS, the Applicant, Martin Inderbitzen, representing Chang Su-O (aka Jennifer) Lin, et aI., submitted applications to the City of Dublin (the "City") requesting to amend the approved PD- Planned Development District Stage 1 Development Plan to include construction of an emergency vehicle access road, possible bioswale, herpetological exclusion fencing and barrier, and grading on an adjacent 11.6-acre parcel ofland within Contra Costa County to support the development of Dublin Ranch West/Wallis Ranch, as described below (the "expansion project"). The amendments also include minor revisions and refinements to the approved site plan and related uses. The applications include a PD-Planned Development District Stage 2 Development Plan, subdivision maps and other requests substantially in compliance with prior project approvals and the proposed Stage 1 Development Plan amendments; and WHEREAS, in 2005, the City Council approved General Plan and Eastern Dublin Specific Plan amendments (Resolution 43-05, incorporated herein by reference), a PD-Planned Development District prezoning and related Stage 1 Development Plan (Ordinance 10-05, incorporated herein by reference), and other approvals for the Dublin Ranch West/Wallis Ranch project (hereafter, "Dublin Ranch West"), a 189-acre area located immediately to the south of the expansion project and within the City of Dublin. . The currently requested amendment applies to the 184.1-acre Lin Family portion of the 2005 approvals, located on the west side of Tassajara Road at the northerly City limits; and WHEREAS, Dublin Ranch West is located in Eastern Dublin, for which the City Council adopted the Eastern Dublin General Plan Amendment and Specific Plan, and certified a program Environmental Impact Report pursuant to California Environmental Quality (CEQA) Guidelines section 15168 (SCH 91103064; City Council Resolution No. 51-93) and Addenda dated May 4, 1993 and August 22, 1994 (collectively the "Eastern Dublin EIR"), which is available for review in the City Planning Department and is incorporated herein by reference; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a related Mitigation Monitoring Program (City Council Resolution No. 53-93), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin including the Dublin Ranch West project. The City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and WHEREAS, in conjunction with the 2005 approval of the Dublin Ranch West project described above, the City Council certified a Supplemental Environmental Impact Report and adopted mitigation findings, findings regarding alternatives, a statement of overriding considerations and a mitigation monitoring plan (the "SEIR")(City Council Resolution No. 42-05, which is available for review in the Page 1 of3 City Planning Department and incorporated herein by reference). The approved mitigation measures from the SEIR continue to apply to the Dublin Ranch West project; and WHEREAS, the proposed Stage 2 Development Plan contains minor revisions and refinements to the previously approved Stage 1 Development Plan for the project area within the City. The proposed amendment to the Planned Development Zoning and Stage 1 Development Plan involve only minor changes to the land use areas and incorporates the 11.6 acre adjacent property in Contra Costa County, further defines the points of access to the property and the boundaries of the land use designations, and adds specific and key elements specific to the Tassajara Creek Open Space Corridor. The City reviewed the various applications and determined that the revisions and refinements for the project within the City substantially comply with the project and analyses from the prior EIRs. These revisions and refinements are shown on the proposed Stage 1 and Stage 2 Development Plans. The proposed expansion of the project area onto 11.6 acres of land in Contra Costa County was not included or analyzed in either the Eastern Dublin EIR or the SEIR; and WHEREAS, the City prepared an Initial Study for the proposed expansion consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration was required in order to analyze potential environmental impacts for the proposed expansion onto the Contra Costa County parcel; and WHEREAS, based on the Initial Study, the City prepared a Mitigated Negative Declaration dated September 2006 which reflected the independent judgment of the City as to the potential environmental impacts of the proposed expansion and which was circulated for public review from September 20,2006 to October 19,2006; and WHEREAS, the City received one comment letter on the Mitigated Negative Declaration during the public review period, from the Regional Water Quality Control Board, dated October 13, 2006. The letter asked whether adequate off-site mitigation lands pursuant to proposed Mitigation 3 are available for CTS aestivation habitat. By letter dated December 13, 2006, the City responded that adequate off-site mitigation lands are expected to be available. The comment letter and the City's response letter are attached as Exhibit A and incorporated herein by reference; and WHEREAS, a staff report, dated January 9, 2007 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration and the Dublin Ranch West project, including the expansion project, for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration at a noticed public hearing on January 9, 2007 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Mitigated Negative Declaration reflects the City's independent judgment and analysis on the potential for environmental impacts from the expansion project; and WHEREAS, the Mitigated Negative Declaration dated September 2006 together with the October 13,2006 letter from the Regional Water Control Board and the City's December 13,2006 response are incorporated herein by reference and constitute the Mitigated Negative Declaration for the expansion project. The Mitigated Negative Declaration and related project and environmental documents, including the prior EIRs analyzing the portion of the project located in the City, are available for review in the City planning department, file PA 05-051, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the Dublin Ranch W est/Wallis Ranch Page 2 of3 project, including the expansion project, is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568, attn: Mike Porto. NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOL VED THAT the Mitigated Negative Declaration together with the previously certified Eastern Dublin EIR and Dublin Ranch West Supplemental EIR adequately describe the impacts of the expansion project and the project area located within the City. There is no substantial evidence in light of the whole record before the City that the Dublin Ranch West project as mitigated will have a significant effect on the environment. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission has reviewed and considered the Mitigated Negative Declaration and hereby recommends that the City Council adopt the Mitigated Negative Declaration as complete, adequate and in compliance with CEQA and the City of Dublin's Environmental Guidelines, and make all required mitigation and other findings. PASSED, APPROVED AND ADOPTED this 9th day of January 2007 by the following votes: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, and Tomlinson NOES: None ABSENT: None M/~~ ABSTAIN: None Planning Commission Chair A TT ST: G:\PA#\2005105-051 Dublin Ranch West-WallislPCIPC Reso recomm MND--Contra Costa portion Dublin Ranch West.DOC Page 3 of3