HomeMy WebLinkAboutAttachmt 2 Reso CC Adopt Mit Neg Declr Vargas Proj
RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION FOR THE VARGAS PROJECT
P A 06-030
WHEREAS, Sun Valley Land Development Company proposes to develop up to 33
single family residential units on an approximately 5.0 gross acre (4.38 net acre) parcel located at
7020 Tassajara Road, near the Contra Costa County border. Tassajara Creek is located just
offsite to the west of the parcel. The project includes related grading, roadway and utility
improvements, a pedestrian trail along the creek, a water quality pond detention basin,
landscaping, and demolition of an existing house and related accessory structures. The project
proposes annexation to the City of Dublin ("City") and the Dublin San Ramon Services District
("DSRSD") and a pre-annexation agreement with the City. The project also proposes to amend
the General Plan and the Eastern Dublin Specific Plan to change the approximately 3.6 acre
Mediurn/High Density Residential land use designation to Medium Density Residential; and to
prezone the property to the PD-Planned Development zoning district and adopt a related Stage 1
Development Plan. These proposed actions are collectively referred to as the "Project"; and
WHEREAS, the Project site 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 Act ("CEQA")
Guidelines section 15168 (SCH 91103064; City Council Resolution No. 51-93). The certified
EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an
Addendum dated May 4, 1993. On August 22, 1994, the City Council adopted a second
Addendum updating wastewater disposal plans for Eastern Dublin. These documents are
collectively referred to as the "Eastern Dublin EIR", or "EDEIR". The Eastern Dublin EIR and
Resolution 51-93 are incorporated herein by reference and available for review at the Dublin
City Hall; 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,
incorporated herein by reference and available for review at the Dublin City Hall), which
mitigation measures and monitoring program continue to apply to development in Eastern
Dublin including the Project. The City also adopted a Statement of Overriding Considerations
for significant impacts that could not be avoided; and
WHEREAS, in conjunction with the City's 2005 approval of the Dublin Ranch
West/Wallis Ranch project located to the north, west and south of the Vargas project site, the
City Council certified a Supplemental Environmental Impact Report (City Council Resolution
No. 42-05, incorporated herein by reference and available for review at the Dublin City Hall).
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Attachment 2
Included in the certified Supplemental EIR is an analysis of cumulative buildout traffic impacts,
which analysis assumed development of the Vargas site. The Supplemental EIR cumulative
buildout analysis as to the Dublin Boulevard/Dougherty Road intersection is incorporated herein
by reference and available for review at the Dublin City Hall; and
WHEREAS, the City prepared an Initial Study for the proposed Project consistent with
CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative
Declaration was required in order to analyze the potential for new or additional significant
environmental impacts of the Project beyond those identified in the prior EIRs; and
WHEREAS, based on the Initial Study, the City prepared a Mitigated Negative
Declaration dated March 2007 which reflected the City's independent judgment and analysis of
the potential environmental impacts of the Project, and which was circulated for public review
from March 5, 2007 to April 3, 2007; and
WHEREAS, the City received five comment letters on the Mitigated Negative
Declaration during the public review period, from the following agencies.
Regional Water Quality Control Board, dated March 15,2007
Dublin San Ramon Services District, dated March 19,2007
Alameda LAFCO, dated March 20, 2007
Department ofFish and Game, dated March 26, 2007
Zone 7, dated April 2, 2007
The City prepared responses to each ofthe comments in the above letters, providing the City's
good faith reasoned analysis as to the environmental issues raised in the comments. Some of the
comments propose revisions to the Mitigated Negative Declaration text. The City carefully
reviewed the proposed revisions and determined that they were not "substantial revisions"
requiring recirculation of the Mitigated Negative Declaration pursuant to CEQA Guidelines
section 15073.5. The comment letters and responses to the comments are attached as Exhibit A
and are incorporated herein by reference; and
WHEREAS, a staff report, dated April 10, 2007 and incorporated herein by reference,
described and analyzed the Mitigated Negative Declaration, comments on the Mitigated
Negative Declaration, and the Project for the Planning Commission; and
WHEREAS, the Planning Commission reviewed the staff report and the Mitigated
Negative Declaration, including comments and responses, at a noticed public hearing on April
10, 2007 at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Mitigated Negative Declaration dated March 2007, together with the
comment letters and responses in Exhibit A, constitute the Mitigated Negative Declaration for
the Project and reflect the City's independent judgment and analysis on the potential for
environmental impacts from the Project. The Mitigated Negative Declaration and related project
and environmental documents, including the prior Eastern Dublin EIR and the above-referenced
portion of the Dublin Ranch West/Wallis Ranch Supplemental EIR and all of the documents
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incorporated herein by reference, and are available for review in the City planning division at the
Dublin City Hall, file P A 06-030, during normal business hours. The custodian of the documents
and other materials which constitute the record of proceedings for the Vargas Project is the City
of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568, attn:
Erica Fraser.
NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and
correct and made a part of this resolution.
BE IT FURTHER RESOLVED THAT the Mitigated Negative Declaration together
with the previously certified Eastern Dublin EIR and the above referenced cumulative buildout
analysis of traffic impacts at the Dublin Boulevard/Dougherty Road intersection in the Dublin
Ranch West/Wallis Ranch Supplemental EIR adequately describe the impacts of the Project.
There is no substantial evidence in light of the whole record before the City that the Vargas
Project as mitigated will have a significant effect on the environment.
BE IT FURTHER RESOL VED 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, the State CEQA Guidelines, and the City of Dublin's Environmental Guidelines, and
make all required CEQA findings.
PASSED, APPROVED AND ADOPTED this 10th day of April, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
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