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HomeMy WebLinkAboutReso 174-09 Dub Rch Mit Deg DecRESOLUTION NO. 174 - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** ADOPTING A MITIGATED NEGATIVE DECLARATION, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DUBLIN RANCH NORTH PROJECT PA 08-045 WHEREAS, the Applicant, James Tong on behalf of the Lin family, proposes to develop 4 single family residential units on an approximately 157.7 gross acre parcel located at 6582 Tassajara Road. The project site consists of 2 parcels, which include a 157.2 acre parcel owned by the Lin family and a 0.5 acre parcel owned by Dublin San Ramon Services District ("DSRSD"). The majority of the project site, approximately 127 acres, will be placed in a permanent conservation easement for the protection of wildlife. The 0.5 acre parcel owned by DSRSD is improved with a Zone 3 water tank and access road. No further development is proposed on this parcel. The project site is located within the unincorporated area of Alameda County within the City's Sphere of Influence near the northeasterly City Limits. The project also includes related grading, roadway and utility improvements, and landscaping. The project proposes annexation to the City of Dublin ("City") and DSRSD and apre-annexation agreement with the City of Dublin. The project also proposes to amend the General Plan and the Eastern Dublin Specific Plan to change the land use designations on the site from Low Density Residential and Rural Residential/Agricultural to Estate Residential and Open Space; and to prezone the property to the PD, Planned Development, Zoning District and adopt a related Stage 1 and Stage 2 Development Plan. A Vesting Tentative Tract Map and Development Agreement are also proposed. 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.. Page 1 of 7 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 EIR; and WHEREAS, based on the Initial Study, the City prepared a Mitigated Negative Declaration dated October 2009, and incorporated herein by reference, 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 October 6, 2009 to November 5, 2009; and WHEREAS, the City received a comment letter from Dublin San Ramon Services District (DSRSD) dated October 26, 2009 advising that the District can serve the water and sewer demand for the project and a comment letter from the Local Agency Formation Commission (LAFCo) dated November 9, 2009 with comments on the draft MND. The letters are attached as Exhibits B and C, respectively, and are incorporated herein by reference; WHEREAS, a Staff Report, dated November 10, 2009 and incorporated herein by reference, described and analyzed 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 at a noticed public hearing on November 10, 2009 at which time all interested parties had the opportunity to be heard. Following the public hearing, the Planning Commission adopted Resolution 09-45 recommending that the City Council adopt the Mitigated Negative Declaration, which resolution is incorporated herein by reference and available for review at the Dublin City Hall; and WHEREAS, Staff prepared responses to the LAFCo comment letter, which responses contain the City's good faith, reasoned analysis of the environmental issues raised in the comments. The responses are attached as Exhibit D and are incorporated herein by reference; and WHEREAS, a Staff Report, dated December 1, 2009, and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration together with the comment letters and responses, and the Project for the City Council; and WHEREAS, the City Council reviewed the Staff Report, and the Mitigated Negative Declaration together with the comment letters and responses, at a noticed public hearing on December 1, 2009 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Eastern Dublin EIR identified significant unavoidable impacts that apply to the Dublin Ranch North project, therefore a Statement of Overriding Considerations must be adopted; and WHEREAS, the Mitigated Negative Declaration identifies new mitigation measures applicable to the Project, therefore a Mitigation Monitoring and Reporting Program must be adopted; and Page 2 of 7 WHEREAS, the Mitigated Negative Declaration dated October 2009 reflects 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 all of the documents incorporated herein by reference, are available for review in the City Planning Division at the Dublin City Hall, file PA 08-045, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the Dublin Ranch North Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568, attn: Martha Aja. 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 adequately describes the impacts of the Project. There is no substantial evidence in light of the whole record before the City Council, including but not limited to the Mitigated Negative Declaration together with the related comment letters and responses, that the Dublin Ranch North Project as mitigated will have a significant effect on the environment beyond the significant effects identified in the prior EIR. BE IT FURTHER RESOLVED THAT the Dublin City Council reviewed and considered the Mitigated Negative Declaration, including comment letters and responses, before approving the Dublin Ranch North Project and hereby adopts the Mitigated Negative Declaration as complete, adequate and in compliance with CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines. BE IT FURTHER RESOLVED THAT the City Council hereby adopts the following Statement of Overriding Considerations for significant unavoidable impacts from the Eastern Dublin EIR that apply to the Project. Statement of Overriding Considerations 1. General. Pursuant to CEQA 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.} The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastern Dublin General Plan Amendment and Specific Plan project. The City Council is currently considering the Dublin Ranch North project, PA 08-045. Although the City Council adopted a Statement of Overriding Considerations with the original land use approvals for urbanization of Eastern Dublin, pursuant to a 2002 court decision, the City Council hereby adopts specific overriding considerations for the Project.' The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR that are applicable to the Project wilt be substantially lessened by mitigation measures adopted with the original approval and by mitigation measures adopted through the Project. Even with mitigation, the City Council recognizes that the implementation of the project carries with it unavoidable adverse environmental effects as identified in the Eastern Dublin EIR. The City Council specifically finds that to the extent that the identified adverse or potentially ~ "...public officials must still go an the record and explain specifically why they. are approving:theaaterprojea despite its significant unavadab4e.iunPacts:°.(emphasis.or~giraal:).Cor~xrwnifiesfoF,a Better,Environment.v~Califomia.Resonrees,.Ager~c~~:1.t~3.CaI:Appr.~~+98,_ ~ . (2002). Page 3 of 7 adverse impacts for the Project have not been mitigated to acceptable levels, there are specific economic, social, environmental, land use, and other considerations that support approval of the Project. 2. Unavoidable Significant Adverse Impacts. The following unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin apply to the Dublin Ranch North project. ^ Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.8/B, Alteration of Rural/Open Space Character. Future development of the vacant Project site will contribute to the cumulative loss of open space land. ^ Traffic and Circulation Impacts 3.3/B, 3.3/E. I-580 Freeway, Cumulative Freeway Impacts: Future development of the Project will contribute to the unavoidable freeway impacts identified 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 Impact 3.5/F, H, U. Increases in Energy Usage through Increased Water Treatment, Disposal and Operation of Water Distribution System: Future development of the Project 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 on the Project site could be subject to damage from large earthquakes. ^ Air Qualit Im acts 3.11/A B C E: Future development of the Project will contribute to cumulative dust deposition, construction equipment emissions, mobile and stationary source emissions. 3. Overriding Considerations. The City Council previously balanced the benefits of the Eastern Dublin project approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR. The City Council now balances those unavoidable impacts that apply to future development on the Project site against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the Project as further set forth below. The project provides four estate lots designed to provide a country estate character which will contribute the diversity of housing types in the area and will provide construction jobs. The residential portion of the project is adjacent to approved residential development; a road extension from the adjacent property will provide access and utilities to the project, minimizing the grading that would otherwise be required for a separate access road. Locating the residential portion of the project on the west side of the property adjacent to other residential development also ensures that City and urban level services are efficiently provided to the residences. The open space conservation area retains approximately 80% of the project site in open space and permanently protects sensitive topographic and biological resources on the site. Page 4~af..7:,. ,. , . BE IT FURTHER RESOLVED that the City Council adopts the following Mitigation Monitoring and Reporting Program: Dublin Ranch North Annexation Area Mitigated Negative Declaration Mitigation Monitoring and Reporting Program PA 08-045 October 2009 Mitigation Measure Implementing Res onsibilit Monitoring Res onsibilit Monitoring Schedule Verification Mitigation Measure 1: If work is to Project Dublin Prior to occur between February 1 and Developers Planning Issuance of a August 31 (general bird breeding Division Building season), apre-construction breeding Permit or bird survey shall be conducted by a Grading qualified biologist no more than 10 Permit days prior to the initiation of work activities. The surveys shall be conducted within all suitable nesting habitats within and adjacent to the development area. All active non- status passerine nests identified shall be protected by a minimum 25- foot radius exclusion zone. Active raptor or special status species nests shall be protected by a minimum 50-foot radius exclusion zone. Each exclusion zone shall be established with appropriate construction fencing. Work outside of exclusionary buffers may continue; however, ground disturbance activities shall be prohibited in these areas until the nest has fledged successfully, been predated or abandoned as a result of natural causes as determined by a ualified biolo ist. Mitigation Measure 2: The Project Dublin Prior to Applicant shall perform either two Developers ~ Planning Issuance of a years of protocol-level California Division Building tiger salamander (CTS) trapping Permit or surveys to confirm absence of this .Grading species on the site or assume the i Permit presence of this species aestivating on the site and purchase CTS mitigation credits. The focused trapping shall occur on the 5-10 acre portion of the project site where grading will occur. Permission for these surveys would be obtained from USFWS and final results would .. be ro id d t ~USFWS ll lf o . p v e o no, •as::we e ... .. ~ Page 5 of 7 CTS are found during two years of trapping, protective silt fencing shall be installed prior to Project grading. If CTS are found on site, the Applicant shall purchase CTS mitigation credits in a nearby approved conservation bank, consistent with USFWS a royal. Mitigation Measure 3: A Pre- Project Dublin Prior to construction American badger Developers Planning Issuance of a burrow/den survey shall be Division Building conducted by a qualified biologist Permit or within and immediately adjacent to Grading the development area no more than Permit 10 days prior to the initiation of ground disturbance. If the survey results indicate that the American Badger is present during the general breeding period (roughly spring through summer), the biologist should assess if young are present in any identified dents. If young are deemed present, an exclusionary buffer shall be placed around each occupied den until all young are independent. Once young are independent or if badgers are found to be present during non-breeding period, use of the site should be discouraged using passive relocation techniques to remove badgers from areas to be impacted prior to the initiation of round disturbance. Mitigation Measure 4: A pre- Project Dublin Prior to construction Burrowing Owl survey Developers Planning Issuance of a per protocol approved by CDFG shall Division Building be conducted no more than 14 days Permit or prior to initiation of ground Grading disturbance within the development Permit area. If surveys are conducted during the breeding season (February 1 - August 31) and owls are found to be breeding within the development area, a suitable exclusionary buffer shall be placed around the nest site until all offspring have fledged. Once all offspring have fledged passive relocation techniques shall be employed and all owls shall be removed prior to initiation of ground disturbances. If a Burrowing Owl is found to be breeding within the development area, Burrowing - Owl ~ mitigatit~n credits-slidlt'be pu~cFiased. , Page 6 of 7 in a nearby, approved conservation bank. If owls are found during the non-breeding season, passive relocation techniques shall be employed and all owls removed from areas having ground disturbances on ~ site. Mitigation Measure 5: To ensure Project Dublin Prior to that disturbance of the California red- Developers Planning Issuance of a legged frog (CRLF) does not occur Division Building as a result of this project, work Permit or activities should be limited to the non- Grading rainy season (roughly May 16 Permit. through October 15). If work is to occur during the rainy season, the Applicant shall install an exclusion fence (e.g. silt fence) around all work areas to prevent CRLF from entering work areas. The fencing shall be one- way funnels to allow animals inside the fenced area to escape. Mitigation Measure 6: An Project Dublin Grading engineering geologist shall inspect all I Developers Planning Permit Stage cut slopes exposures for evidence of Division & potential instability during the Department Grading Permit Stage. of Public Works PASSED, APPROVED AND ADOPTED this 1St day of December, 2009, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTE T: . City Clerk / v Mayor Reso No. 174-09, Adopted 12-1-09, Item 6.1 Page 7 of 7