HomeMy WebLinkAbout8.2 Attmt 1 Reso CEQA AdndmRESOLUTION NO. 09 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING A CEQA ADDENDUM TO THE EASTERN DUBLIN ENVIRONMENTAL IMPACT
REPORT AND 2000 DUBLIN RANCH AREA G MITIGATEll NEGATIVE DECLARATION
FOR THE PROMENADE PROJECT AND ADOPTING A RELATED STATEMENT OF
OVERRIDING CONSIDERATIONS
PA 08-006
WHEREAS, the Applicant proposes to develop an 82,864 sq. ft. commercial center consisting of
a C1ubSport fitness center, a Mercantile Building containing retail acid office uses and a three story, four
level parking garage on a 3.72 acre parcel on the 23 acre Promenade property. The related applications
include Site Development Review for the principal proposed bui dings and related improvements; a
Conditional Use Permit for an indoor fitness center and for minor me difications to the existing PD zoning
to reallocate density within the 23 acre site; a Vesting Tentative Parc~;l Map to divide the 23 acre property
into 4 parcels, Pazcel 4 of which is the 3.72 acres proposed for development; and a Development
Agreement. The above activities anti applications are collectively ref;rred to as the "Project"; and
WHEREAS, the Promenade site is located between Dublin Boulevazd and Central Pazkway along
either side of Grafton Street; the Club Sport/Mercantile Building portion of the Project is located at the
northeast corner of Dublin Boulevard and Grafton Street; and
WHEREAS, the Project is in the General Plan Eastern Extended Planning Area and the Eastern
Dublin Specific Plan area, for which the City Council certified a Program Environmental Impact Report
by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 9110:'064) on May 10, 1993 (incorporated
herein by reference). The Eastern Dublin EIR identified significart impacts from development of the
Eastern Dublin area, some of which could not be mitigated to less than significant. Upon approval of the
Eastern Dublin General Plan Amendment and Specific Plan, the City Council adopted mitigations, a
mitigation monitoring program and a Statement of Overriding Considerations (Resolution 53-93,
incorporated herein by reference); and
WHEREAS, on February 15, 2000, the City Council approved a Mitigated Negative Declazation
("2000 MND") for reconfigured land uses to relocate and develop a Village Center in the Dublin Ranch
Area G portion of Eastern Dublin i Resolution No. 34-00 incorpor~ited herein by reference). The City
Council approved related General and Specific Plan amendmens for Area G on March 7, 2000
(Resolution No. 35-00 incorporated herein by reference), and adopted PD-Planned Development zoning
and related Development Plans on March 21, 2000 (Ordinance No. 6-OQ incorporated herein by
reference); and
WHEREAS, the adopted PD zoning provides for a Village Center on the 23 acre Promenade
property with a range of neighborhood commercial uses permitted and with a cap of 230,000 sq. ft. of
density, allocated among 6 development sites. The Project proposes 1o modify the PD zoning to reallocate
the approved density among the development sites, to subdivide the site and to develop one of the sites;
and
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WHEREAS, the City prepa~~ed an Initial Study to determine if additional review of the proposed
modifications and development was required pursuant to CEQA Guidelines section 15162. Based on the
Initial Study, the City prepared an Addendum dated July 14, 2009 describing the modifications and
development and finding that the impacts of the proposed Project h~rve been adequately addressed in the
Eastern Dublin EIR and 2000 MND. The Addendum and related Initial Study are attached as Exhibit A
and are incorporated herein by reference; and
WHEREAS, the Eastern Dublin EIR identified significant unavoidable impacts from development
of the Eastern Dublin area, some of which would apply to the Project; therefore, approval of the Project
must be supported by a Statement of Overriding Considerations; and
WHEREAS, a Planning Commission Staff Report dated July 14, 2009 and incorporated herein by
reference analyzed the Project Conditional Use Permit and Site Development Review applications and
recommended adoption of the CEQA Addendum and approval of the applications; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the applications
on July 14, 2009; and
WHEREAS, the Planning Commission considered the Addendum as well as the Eastern Dublin
EIR and 2000 MND before taking action on the applications. The Ph.nning Commission further used their
independent judgment and considered all reports, recommendations and testimony before taking action.
NOW, THEREFORE BE IT RESOLVED that the foregcing recitals are true and correct and
made a part of this resolution.
BE IT FURTHER RESOLVED that the Planning Commission makes the following findings to
support the determination that no further environmental review is required under CEQA for the proposed
Project. These findings are based on information contained in the Addendum, Initial Study, the Eastern
Dublin EIR, the 2000 MND, the Planning Commission Staff Report, and all other information contained
in the record before the Planning Commission. These findings con.>titute a summary of the information
contained in the entire record. The detailed facts to support the findings are set forth in the Addendum,
Initial Study, Eastern Dublin EIR, 2000 MND and elsewhere in the rf;cord. Other facts and information in
the record that support each finding ghat are not included below are it corporated herein by reference:
1. The proposed Project does not constitute substantial ~;hanges to the previously approved
Eastern Dublin and Area G projects that will require major revisicros to the EIR or MND due to new
significant environmental effects or a substantial increase in severity of previously identified significant
effects. Based on the Initial Study, all potentially significant effects of the proposed Project are the same
or less than the impacts for the Eastern Dublin and Area G projects which were previously addressed in
the EIlt and MND. The proposed Project will not result in substantially more severe significant impacts
than those identified in the prior EIR and MND. All previously adopted mitigation measures will apply to
the proposed Project and project site as applicable.
2. The Initial Study did not identify any new significant impacts of the proposed Project that were
not analyzed in the Eastem Dublin EIR and 2000 MND.
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3. The City is not aware of any new information of substantial importance or substantial changes
in circumstances that would result in new or substantially more severe impacts or meet any other
standards in CEQA Section 21166 and related CEQA Guidelines Sections 15162/3.
BE IT FURTHER RESOLVED that:
1. No further environmental review under CEQA is required for the proposed Project because
there is no substantial evidence in the record as a whole that any of the standards under Sections
21166 or 15162/3 are met.
2. The City has properly prepared an Addendum and htitial Study under CEQA Guidelines
section 15164 to explain its decision not to prepare a subsequ:nt or supplemental EIR or conduct
further environmental review for the proposed Project.
3. The Planning Commission hereby adopts the CEQA Addendum and related Initial Study,
attached as Exhibit A, pursuant to CEQA Guidelines Sections 5162 and 15164 for the Promenade
Project.
4. The Planning Commission has considered the information in the Addendum, related Initial
Study, Eastern Dublin EII2 and 2000 MND and adopted the Addendum prior to approving the land use
applications for the proposed Project.
BE IT FURTHER RESOLVED that the Planning Commission adopts the Statement of
Overriding Considerations attached :is Exhibit B.
PASSED, APPROVED AND ADOPTED this 14`h day of July 2009 by the following vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
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G: IPA#120081PA OS-006 Club Sport PrarnentttlelPC Mtg 7-/4-091resonrlaptingcegnnr(dendumnnAsocJ ~rpromennAe.DOC
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EXHIBIT B
STATEMENT OF OVERRIDING CONSIllERATIONS
1. General. Pursuant to CI'sQA Guidelines section 15093, the City Council of the City
of Dublin adopted a Statement of Overriding Considerations for those impacts identified
in the Eastern Dublin EIR as significant and unavoidable. (Resolution 53-93, May 10,
1993, incorporated herein by reference.) The City Council carefully considered each
impact in its decision to approve urbanization of Eastern Dut~lin through approval of the
Eastern Dublin General Plare Amendment and Specific Plan ]project. In 2000, the City
Council approved land use applications for Dublin Ranch, including Dublin Ranch Areas
F, G and H, and adopted a related Mitigated Negative Declaration for potential
development of Area G. The Planning Commission is currently considering the
Promenade project ("Project:") in Dublin Ranch. The Project includes a 23 acre portion
of Area G with a Vesting Tentative Parcel Map to subdivide the site into 4 parcels and a
Conditional Use Permit for .r minor amendment to the Area (i Planned Development
zoning to reallocate the density within the maximum approved density. The Project also
proposes a fitness center and commercial retail and office de~~elopment on 3.72 acres of
the Project area through a Conditional Use Permit and Site Development Review.
The City Council adopted a Statement of Overriding Considerations with the original
land use approvals for urbanization of Eastern Dublin. As decision maker on the
Promenade project and pursuant to a 2002 court decision, the Planning Commission
hereby adopts specific overriding considerations for the Promenade project. 1 The
Planning Commission believes that many of the unavoidable environmental effects
identified in the Eastern Dublin EIR that are applicable to the: Promenade site will be
substantially lessened by mitigation measures adopted with the original approval and by
the environmental protectioir measures adopted through the E~rea G project approval, and
the related Conditions of Approval, to be implemented with fhe development of the
project. Even with mitigation, the Planning Commission recognizes that the
implementation of the project carries with it unavoidable adverse environmental effects
as identified in the Eastern Dublin EIR. The Planning Commission specifically finds that
to the extent that the identified adverse or potentially adverse impacts for the Promenade
project have not been mitigated to acceptable levels, there aro specific economic, social,
environmental, land use, and other considerations that support approval of the project.
2. Unavoidable Significant Adverse Impacts. The following summarizes the
unavoidable significant environmental impacts identified in the Eastern Dublin EIR for
future development of Eastern Dublin that apply to the Prom made project:
Land Use Impact 3.1/F. Cumulative Loss of Agricultural an~i Open Space Lands; Visual
Impacts 3.8/B, 3.8/F, Alteration of Rural/Open Space Character and Alteration of Visual
Character of Flatlands. Although considerable development teas occurred throughout
1 "...public officials must still go on the record and explain specifically why they are approving the
later project despite its significant unavoidable impacts." (emphasi ~ original.) Communities for a
Better Environment v. California Resources Agency 103 Cal.App. ,tin 98, _ (2002).
Dublin Ranch, the site is presently undeveloped land and has some open space character.
Future development of the Promenade site will contribute to :he cumulative loss of open
space land.
Traffic mid Circulation Impacts 3.3/B, 3.3/E. I-580 Freeway, Cumulative Freeway
Impacts: City street and intc;rchange impacts can be mitigate3 through planned
improvements, payment of Traffic Impact Fees and other measures, however, mainline
freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern
Dublin EIR and 2000 MND. Future development on the Promenade site will
incrementally contribute to the unavoidable freeway impacts.
Traffic a~:d Circulation Impacts 3.3/I, 3.3/M. Santa Rita Road/I-580 Ramps, Cumulative
Dublin Boulevard Impacts: The Promenade project will be r~;quired to implement all
applicable adopted traffic mitigation measures, including contributions to the City's TIF
program; however even with mitigation these impacts continue to be identified as
unavoidable, as anticipated in the Eastern Dublin EIR.
Community Services and Facilities Impact 3.4/S. Consumption of Non-Renewable
Natural Resources and Sewer, Water; and Storm Drainage bnpact 3.5/F, H, U Increases
in Energy Usage Through Increased Water Treatment, Disposal and Operation of Water
Distribution System: Future development of the Promenade I~roject will contribute to
increased energy consumption.
Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary
Effects: Even with seismic design, future development of th<; Promenade project could
be subject to damage from l.rrge earthquakes, much like the rest of the Eastem Dublin
planning area.
Biological Resources Impact 3.7/C. Loss or Degradation of ltotanically Sensitive
Habitat. Development of the Promenade project would contr bute to the overall loss or
degradation of botanically sensitive lands in Eastem Dublin.
Noise Impact 3.10/B. Exposure of Existing Residences to Future Roadway Noise. The
Promenade project will increase traffic on area roadways contributing to increased noise
levels.
Air Quality Impacts 3.11/A, B, C, and E: Future development of the Promenade project
will contribute to cumulative dust deposition, constmction equipment emissions, mobile
and stationary source emissions.
3. Overridine Considerations. The City Council previous ly balanced the benefits of
the Eastern Dublin project approvals against the significant aid potentially significant
adverse impacts identified iri the Eastern Dublin EIR. The Planning Commission
considers the previously identified significant unavoidable impacts, balances those
unavoidable impacts that apply to future development on the Promenade site against its
benefits, and hereby determines that the benefits of the Promenade project as further set
forth below outweigh its unavoidable impacts.
z
Economic considerations. 1'he Project proposes new construction of commercial
facilities on a vacant site an<l will provide substantial benefit:; of new jobs, construction
jobs, increased sales tax revenue and increased property tax revenue.
Land use considerations. The Project will further the urbani~ ation of Eastern Dublin as
planned through the comprehensive framework established itl the original Eastern Dublin
approvals. The proposed development will implement the V-.page Center concept
established in the 2000 Area. G approvals by providing a fitnf;ss center and commercial
retail and office facilities and related services and employme ~t opportunities within ready
walking and bicycling distance of higher density housing anc proximate to other housing
in Dublin Ranch and Eastern Dublin.
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