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Home My WebLink AboutPC Reso07-13 MitNegDeclr Vargas Proj PA06-030 RESOLUTION NO. 07 - 13 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, A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS 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 ofthe 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 1 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). Included in the certified Supplemental EIR is an analysis of cumulative buildout traffic impacts, which analysis assumed development ofthe 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 of Fish and Game, dated March 26, 2007 Zone 7, dated April 2, 2007 The City prepared responses to each of the 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 2 and environmental documents, including the prior Eastern Dublin EIR and the above-referenced portion ofthe Dublin Ranch West/Wallis Ranch Supplemental EIR and all of the documents 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 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, the State CEQA Guidelines, and the City of Dublin's Environmental Guidelines, and make all required CEQA findings. PASSED, APPROVED AND ADOPTED this 101h day of April, 2007. AYES: Cms. Biddle, King, Tomlinson, Wehrenberg and Chair Schaub NOES: ABSENT: ABSTAIN: ft/~ Planning Commission Chair A ITEST: , , I V VI, j L, . IV, \ , If 1 ~\o G:\P A#\2003\03-060 Moller Ranch\PC 4-1 0-07\pc recommend mnd for vargas project.DOC 3