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Home My WebLink AboutPC Reso 08-28 CC Adopt CEQA Addndm to Finl EIR Schaefer Rnch PA08-005RESOLUTION NO. 08 - 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM TO THE 1996 FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SCHAEFER RANCH PROJECT AND A RELATED INITIAL STUDY (APNs 941-2832-027 to 028 and 031 to 032, 941-2835-001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021) PA 08-005 WHEREAS, on July 9, 1996, the Dublin City Council approved a Resolution adopting a General Plan Amendment and Findings and a Statement of Overriding Consideration, (Resolution No. 77-96); an Ordinance and Resolution approving a Planned Development Rezone (Ordinance No. 15-96 and Resolution No. 78-96); and a Resolution certifying an Environmental Impact Report ("Schaefer Ranch EIR") pursuant to CEQA Guidelines section 15168 (SCH No. 95033070), which EIR is available for review in the Planning Division and is incorporated herein by reference (Resolution No. 76-96); and WHEREAS, the Project analyzed in the Schaefer Ranch EIR included the following land uses and related features: a total of 474 residences, including 11 estate residence3, 389 single family detached dwellings and 74 attached residential dwellings; retail and office uses, including a 9.2-acre neighborhood-serving retail and office center on the corner of Dublin Boulevard and Schaefer Ranch Road and a second, smaller 1.5-acre retail and office parcel adjacent to I-580; public and semi-public uses including a recycled water reservoir, a water storage tank and street rights-of-way; and parks and recreation uses consisting of approximately 162 acres of land that includes dedication to the East Bay Regional Park District trail, trail head facilities and related improvements. The Schaefer Ranch EIR examined the direct and indirect effects, cumulative impacts, alternatives and mitigation measures for development of the Schaefer Ranch Project. It identified certain unavoidable significant impacts of the Schaefer Ranch Project relating to impacts on secondary effects on native plants and wildlife, regional pollutant emissions, cumulative loss of open space and landscape alteration, and cumulative vegetation and wildlife impacts; and WHEREAS, the Statement of Overriding Considerations adopted by City Council Resolution No. 77-96 concluded that the substantial public benefits of the Schaefer Ranch Project, including job creation, increased City sales and property tax revenues, increased housing opportunities and a concomitant improvement of the City Jobs/Housing Balance, supported approval of the Project; and WHEREAS, in 1998, the Planning Commission approved VTM 6765 (Resolution 98-38) and created 466 residential lots, and commercial, parks, and public/semi-public parcels for Schaefer Ranch. The Final Map 6765 on the Proposed Project site, Schaefer Ranch South, created 12 -state lots, 24 single-family lots, and a 5.69-acre commercial parcel on approximately 41.5 acres located at the southwest corner of Dublin Boulevard and Schaefer Ranch Road; and WHEREAS, the Applicant, Schaefer Ranch Holdings, LLC (".Applicant"), requested in 2007 that the City Council initiate a General Plan Amendment Study to modify the General Plan Land Use Designations for certain portions of the Project site; and Pagel of 3 WHEREAS, on August 21, 2007, the City Council granted the Applicant's request and initiated a General Plan Amendment Study for the Schaefer Ranch South Project (Pesolution No. 154-07); and WHEREAS, the Applicant has submitted applications for a mo3ification of the Schaefer Ranch Project to allow the construction of up to 140 single-family units on the Schaefer Ranch South Project site. The applications include: a General Plan Amendment (GPA), PD-Planned Development Rezone with Stage 2 Development Plan, Vesting Tentative Map (VTM) 8000, and a Development Agreement. The GPA is for approximately 81.3 acres to change the existing Estate Residential (0.01-0.8 du/acre), Single-Family Residential (0.9-6.0 du/acre), and Retail/Office land use designations to Single:-Family Residential (0.9-6.0 du/acre), Public/Semi-Public, and Open Space. A PD rezone and Stage 2 Development Plan to revise the zoning and development plan. A Development Agreement that vests development approvals for a specified period of time in return for benefits granted to the City, as mutually agreed by both parl ies. A vesting tentative subdivision map to create individual building lots on the Project site. These entitlerrents are collectively referred to as the Project or Proposed Project; and WHEREAS, the overall Schaefer Ranch Project analyzed in the Schaefer Ranch EIR contained 474 residential units and approximately 10.7 acres of commercial uses. Approval of the modifications to the Schaefer Ranch Project under the Proposed Project will result in a total of 406 residential units and property designated to allow public or semi-public uses, including a children's day care center; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and the City of Dublin Environmental Guidelines, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; z.nd WHEREAS, the Proposed Project is a modification to the Schaefer Ranch Project already approved by the City. The impacts of the Schaefer Ranch Project were analyzed in the certified Schaefer Ranch EIR. Since the Schaefer Ranch EIR has been certified, no further environment<l review for Proposed changes to the Schaefer Ranch Project are required under the California Environmental Quality Act (CEQA) unless the conditions for preparation of a subsequent or supplemental EIR under Public Resources Code Section 21166 (Section 21166) and CEQA Guidelines section 15162 and 15163 (Sections 15162/3) are met; and WHEREAS, pursuant to CEQA, the City Staff prepared ar. Initial Study to determine if further environmental review was required under Sections 21166 and 15162/:3 due to modifications to the approved Schaefer Ranch Project under the Proposed Project. The Initial Study, dated October 2008, is attached as Exhibit A of this Resolution. The analysis in the Initial Study determined that none of the standards requiring the preparation of a subsequent or supplemental EIR under these secticns were met. Under CEQA Guidelines Section 15164, an explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162/3 may be included in an addendum. Therefore, an Addendum has been prepared, a copy of which is attached as Exhibit B of this Resolution. The Initial Study and Addendum have been available to the public at the Planning Department at City Hall. CEQA does not require that the Initial Study and Addendum be circulated for agency or public review and comment; and WHEREAS, the Planning Commission held a properly noticed public hearing on October 14, 2008, at which time interested parties had the opportunity to be heard, to review the Addendum, Initial Study, and the Schaefer Ranch EIR prior to making a recommendation on the Project; and WHEREAS, a Staff Report dated October 14, 2008, was submitted to the Planning Commission analyzing the Project and recommending approval of the CEQA Addendum and the Project applications; and Page 2 of 3 WHEREAS, the Planning Commission used its independent judgment and considered all reports, recommendations and testimony before taking action on the Project. 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 Planning Commission has reviewed and considered the Addendum dated October 2, 2008, the Initial Study dated October 2008, and the Schaefer Ranch EIR (which are available for review during normal business hours and on file in the Community Development Department). BE IT FURTHER RESOLVED THAT the Planning Commission recommends that the City Council adopt the CEQA Addendum and related Initial Study attached hereto ?.s Exhibits A and B pursuant to CEQA Guidelines section 15164. PASSED, APPROVED AND ADOPTED this 14"' day of October 2008. AYES: Schaub, Tomlinson, Wehrenberg, Biddle and King NOES: ABSENT: ABSTAIN: Planning Commission -Chair ATTEST: N-an "?' ? Planning ?ge G. IPAM20081PA 08-005 Schaefer Ranch SouthlPlanning CommissionIPC Reso Schaefer CEQA Addenduir.doc Page 3 of 3