Loading...
HomeMy WebLinkAbout8.2 Attmt 7 CEQA AdndmRE~EIVE~ JUL 0 S 2009 DUBLIN BIANNIN~ CEQA ADIIENDUM FOR THE PROMEIIADE PROJECT PA OS-006 July 14, 2009 On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("Eastern Dublin EIR, SCH #91103064). The certified :3IR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum to the Eastern Dublin EIR dated May 4, 1993; assessing a reduced development project alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and Specific Plan for the reduced area alternative on May 10, 1993.On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for E;istern Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. Since certification of the EIR, many implementing projects have been proposed, relying to various degrees on the certified EIR. A subsequent Mitigated Negative Declaration (SCH #99112041) was prepared for an 87-acre portion of the Eastern Dublin planning area, known as Dublin Ranch Area G. The Mitigated Negative Declaration was adopted on Februaryl5, 2000 by City Council Resolution No. 34 00. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the Project, as described below. Project Description and Prior Approvals In 1998, an application was filed with the City to approve an amendment to the Dublin General Plan (GPA) and Eastern Dublin Specific Plan (SPA) and a Stage 1 & 2 Planned Development rezoning for Dublin Ranch Area G within Eastern Dublin. The applications, approved in 2000, reoriented land uses and the local circulation system from an east-west direction to a north-south Neighborhood Commercial orientsYion along Grafton Street. The GPA and SPA was adopted by City Council Resolution No. 3400, on February 15, 2000. The Planned Development rezoning with related a Stage 1 & Stage 2 Development Plan was approved by City Council Ordinance No. 06-00. The current application includes a request for a Site Development Review (SDR) permit on a 3.72-acre portion of a lazger 23 site known as the Promenade.. The SDR permit would approve the architectural design, landscaping, signs and related development details for a commercial development that encompasses a Club Sport fitness center within atwo-story 47,669 square foot building, atwo-story Mercantile office and retail building with 35,195 square feet and a four-level parking garage. T'he proposed Project also includes consideration of a Conditional Use Permit to allow the Club Sport indoor fitness center as an indoor/outdoor recreation use and to allow a minor revision of the Planned Development r<~zoning to provide for a reallocation of development. intensity among the 23-acre Promenade Village Commercial ATTACHMENT 7 sites, so long as the existing maximum development intensity is not exceeded. A vesting tentative parcel map is included within the application to create 4 parcels of land from the 23- acre Promenade site that includes the 3.72-acre developmenr site. A Development Agreement is also proposed pursuant to the Eastern Dublin Specific Pla:~ requirement. Prior CEQA Analyses anti Determinations Eastern Dublin EIR. The Project is within the Eastern Dublin planning area, which was the subject of the Eastern Dublin EIR, certified in 1993. The EIl2 analyzed the potential effects of future urban development planned for athen-largely undeveloped area east of the then- existing city of Dublin. Numerous environmental impacts were identified and numerous mitigations adopted upon approval of the Eastern Dublin General Plan Amendment and Specific Plan. For identified impacts that could not be mitig;tted to insignificance, the City Council adopted a Statement of Overriding Considerations..411 previously adopted mitigation measures for development of Eastern Dublin that are applic~.ble to the Project and Project site continue to apply to the currently proposed Project. The Eastern Dublin EIR is incorporated herein by reference. 2000 Mitigated Negative Declaration. In 1998, the property owner requested modifications to the Dublin General Plan and the Eastern Dublin Specific Plan for Area G of the Dublin Ranch property. In response to the applicant and consistent with thf: City's practice for projects in Eastern Dublin, the City prepared an Initial Study [o determine if the requests would require additional environmental review beyond that set forth in the Eastern Dublin EIR. The Initial Study disclosed that many of the anticipated impacts of the l;eneral and specific plan amendments were adequately addressed in the Eastern Dublin EIR. This was predictable given the comprehensive planning for the Eastern Dublin development area and the Eastern Dublin EIR's analysis of buildout under the Dublin General Plan aml East Dublin Specific Plan land use designations and policies. Similarly, the long-term 20-30 year focus of the Dublin General Plan, Eastern Dublin Specific Plan and Eastern Dublin EIR analyses assumed implementation and related development pursuant to the General and Specific P13ns. The Initial Study concluded that the Eastern Dublin EIR adequately analyzed most of the potential environmental impacts of the proposed General and Specific Plan Amendments; it also identified the potential for some new significant impacts or substantially intensified impacts beyond those analyzed in the Eastern Dublin EIR. Based on the findings of the initial study, a Mitigated Negative Declaration was prepared by the City. The <'ity Council adopted the 2000 MND, through Resolution No. 3400 as well as a related Mitigation Monitoring Program. The 20(10 MND is y incorporated herein by reference. Current CEQA Analysis and Determination that an Addendum is Appropriate for this Project. Updated Initial Study. The City of Dublin has determined chat an Addendum is the appropriate CEQA review for the Project, which proposed a minor amendment to the approved Planned Development density standard and provides design and development details for a commercial center with a fitness center, a retail and office building and a parking garage on a portion of the Promenade site. Page 2 The City prepared an updated Initial Study dated July 14, 2009, incorporated herein by reference, to assess whether any further environmental review is required for this Project Through this Initial Study, the City has determined that no subsequent EIR, or Negative Declaration is required for the Planned Development zoning modification or the refined development details. No Subsequent Review is Required per CEQA Guidelines Section 15162. CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions, the City has determined that no subsequent EIR or Negative Declaration is required for this Project. This is bas:d on the following analysis: a) Are there substantial changes to the Project involving new or more severe significant impacts? There are no substantial changes to the Project analyzed in the Eastern Dublin EIR, or the 2000 MND. The Project proposes a commer~:ial complex comprised of a fitness center, a building that would contain office, retail and food service use and a multi- story parking garage. Such uses are consistent with the cverall types of land uses and densities allowed in the Dublin General Plan, Eastern Dublin Specific Plan and Planned Development zoning. No changes or modifications have been requested or are required to the Dublin General Plan or Eastern Dublin Specific Plan to accommodate proposed uses and activities. The minor modification to the Planned Development standards allows the maximum developmem density for the 23-acre Village ('ommercial to be reallocated between the development sites, but does not increase the overall amount of allowed development or change the range of land uses previousl~• approved. This would not be a substantial change, as documented in the initial study, Similarly, the subdivision of the 23- acre site into smaller parcels was previously anticipated and the Development Agreement is required by the Eastern Dublin Specific Plan; neither is a substantial change. b) Are there substantial changes in the conditions which tl~e Project is undertaken involving new or more severe significant impacts? There are no substantial changes in the conditions assumed in the Eastern Dublin EIR or the 2000 MND. This is documented in the Initial Study prepared for this Project dated July 14, 2009. c) Is there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR that shows the Project will have a significant effect not addressed in the previous EIR; or I revious effects are more severe; or, previously infeasible mitigation measures are naw feasible but the applicant declined to adopt them; or mitigation measures considerably dill gent from those in the previous EIR would substantially reduce significant effects but th~~ applicant declines to adopt them? There is no new information showing a new or more severe significant effect. The applicant's plans for The Promenade Project would be amsistent with Eastern Dublin EIR mitigation measures, other mitigation measures previously adopted, as well as the 2000 MND. The project includes proposed development that implements the General Plan, the Specific Plan and zoning previously approved for this si':e. Page 3 d) If no subsequent EIR-level review is required, should a subsequent negative declaration be prepared? No subsequent negative declaration or miti;;ated negative declaration is required because there are no impacts, significant or otherwise, of the Project beyond those identified in the Eastern Dublin EIR and previous 1\4ND. Conclusion. This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based on an Initial Study dated July 14, 2009. The Addendum and ]nitial Study review the proposed development activities as discussed above. Through the adoption of this Addendum and related Initial Study, the City determines that the proposed Site Development Review (SDR), Conditional Use Permit (CUP), vesting tentative parcel map and development agreement do not require a subsequent EIR or Negative Declaration under Guidelines Section 15162. The City further determines that the Eastern Dublin EIR, previous: Negative Declarations and this Addendum/Initial Study adequately address the potential environmental impacts of the proposed Project. As provided in Section 15164 of the CEQA Guidelines, the Addendum need not be circulated for public review, but shall I)e considered with the prior environmental documents before making a decision on this project. The referenced resolutions, ordinance, the Initial Study, East~;rn Dublin EIR, the 2000 MND are all incorporated herein by reference and are available for public review in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin CA during normal business hours. Page 4