HomeMy WebLinkAboutReso 46-10 Dubin Rch Area F CEQARESOLUTION NO. 46 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPT A CEQA ADDENDUM TO THE EASTERN DUBLIN ENVIRONMENTAL IMPACT
REPORT AND 2000 DUBLIN RANCH AREA F MITIGATED NEGATIVE DECLARATION FOR
THE SORRENTO EAST PROJECT
PA 08-002
WHEREAS, the Applicant proposes to develop a 581 unit residential project on an
approximately 68 acre site. The project consists of 513 detached units and 68 attached units, a
private recreational facility, a 5.6 acre Neighborhood Park site and other related improvements.
The related applications include amendments to previous PD-Planned Development Stage 1
and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and
Development Agreement approvals. The proposed project reduces the previously approved
development from 694 units to 581 units and changes the mix of units from primarily attached to
primarily detached. The above activities and applications are further described in applications
on file with the City and are collectively referred to as the "Project"; and
WHEREAS, the Project site is located between Gleason Drive and Central Parkway and
between Grafton Street and Lockhart 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 91103064) on May
10, 1993 (incorporated herein by reference). The Eastern Dublin EIR identified significant
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
Declaration ("2000 MND") for approximately 147 acres known as Dublin Ranch Area F in
Eastern Dublin (Resolution No. 34-00 incorporated herein by reference). The City Council
approved related General and Specific Plan amendments for Area F 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. 6-00,
incorporated herein by reference). The approvals anticipated low and medium density
residential development in Area F with related parks and schools; and
WHEREAS, in 2004, the City Council approved Resolution 47-04, a General/Specific
Plan amendment to reallocate land uses in portions of Dublin Ranch Areas F, B and E. The
Medium Density Residential land use designation for most of the Project site remained
unchanged; approximately 4 acres of public/semi-public land on the Project site was
redesignated to Medium Density Residential. The Council also approved Ordinance 12-04
adopting a revised PD-Stage 1 Development Plan for an approximately 285.4 acre planning
area and a Stage 2 Development Plan for 88.5 acres north of the current Project site. The
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Council determined that any potentially significant impacts from the reallocation of uses was
adequately addressed in the prior EDEIR and 2000 MND and that no further environmental
review was required. The Council adopted a CEQA Addendum documenting this determination
(Resolution 43-04, March 16, 2004). The above referenced resolutions and ordinance are
incorporated herein by reference; and
WHEREAS, in 2005, the City Council approved Ordinance 24-05 for the 124.8 acre
Sorrento East and West portion of Area F for a 1,112 unit residential development on either
side of Grafton Street. The ordinance revised the previously approved PD-Stage 1
Development Plan by increasing the maximum number of potential residences in Area F from
1,290 to 1,351 and approved a PD-Stage 2 Development Plan for the Sorrento East and West
development; companion Site Development Review as well as a Master Vesting Tentative Map
and Vesting Tentative Maps for individual neighborhoods were also approved. The east and
west portions of the residential development would be linked by a pedestrian and open space
corridor and a pedestrian bridge across Grafton Street. The westerly portion of the
development is nearing completion; the easterly portion of the approved development is the
current Project site. The City Council approved a Development Agreement for the Sorrento
East portion of the development on October 2, 2007; and
WHEREAS, the City prepared an Initial Study to determine if additional review of the
proposed Project modifications and development was required pursuant to CEQA Guidelines
section 15162. Based on the Initial Study, the City prepared an Addendum dated March 9,
2010 describing the modifications and development and finding that the impacts of the
proposed Project have 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 City Council staff report dated April 20, 2010 and incorporated herein by
reference analyzed the Project and recommended adoption of the CEQA Addendum and
approval of the applications; and
WHEREAS, the City Council held a properly noticed public hearing on the Project on
April 20, 2010; and
WHEREAS, the City Council considered the Addendum as well as the Eastern Dublin
EIR and 2000 MND before taking action on the Project applications. The City Council further
considered all reports, recommendations and testimony before taking any action; and
WHEREAS, all of the above resolutions and ordinances incorporated by reference are
available for public review during normal business hours at the Community Development
Department, Dublin City Hall, 100 Civic Plaza, Dublin, CA.
NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
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BE IT FURTHER RESOLVED that the City Council 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 and
related Initial Study, the Eastern Dublin EIR, the 2000 MND, the City Council Staff Report, and
all other information contained in the record before the City Council. These findings constitute a
summary of the information contained in the entire record. The detailed facts to support the
findings are set forth in the Addendum and related Initial Study, Eastern Dublin EIR, 2000 MND
and elsewhere in the record. Other facts and information in the record that support each finding
that are not included below are incorporated herein by reference:
1. The proposed Project does not constitute substantial changes to the previously
approved Eastern Dublin and Area F projects that will require major revisions 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 F
projects which were previously addressed in the EIR 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 continue to 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 Eastern Dublin EIR and 2000 MND.
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 the City Council of the City of Dublin finds the
following:
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 related Initial Study under
CEQA Guidelines section 15164 to explain its decision not to prepare a subsequent or
supplemental EIR or conduct further environmental review for the proposed Project.
3. The City Council adopt the CEQA Addendum and related Initial Study, attached as
Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the Regent/Sorrento
East Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts any
further required CEQA findings.
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PASSED, APPROVED AND ADOPTED this 20th day of April, 2010 by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATT ST:
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~r1PU-r~ City Clerk
Reso No. 46-10, Adopted 4-20-10, Item 6.1
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CEQA ADDENDUM FOR THE SORRENTO EAST PROJECT
PA 08-002
March 9, 2010
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 ("Easte~n Dublin EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and
Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993,
assessing a reduced development project altemative. 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 EasXern Dublin. The Eastem 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 # 99112040) was prepazed for a 147-acre
portion of the Eastem Dublin planning azea, known as Dublin Ranch A.rea F. The Mitigated
Negative Declaration was adopted on February 15, 2000 by City Council Resolution No. 34-
00.
In February, 2004 the City of Dublin adopted an Addendum to the 1993 EIR and 2000 MND
that included Area F. This document analyzed the impacts of re-designating General Plan and
Eastern Dublin Specific Plan land use designations at the Central Pazkway/Grafton Street
intersection from "Public-Semi-Public" to "Medium Density Residential" designations. A
majority of the land use designation, "Medium Density Residential," remained unchanged
This current Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for
the Project site, 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 and Eastern Dublin Specific Plan and a Stage 1 Planned Development rezoning for Planning
Area F of Dublin Ranch within Eastem ,Dublin. The application, approved in 2000, shifted
higher density residential and commercial land uses between Area F and adjacent Area G to
create a town center in Area G and shifted more medium density residential uses to Area F.
Approved Area F land uses also included middle and elementary school sites, similar to those
adopted in the 1993 General Plan and EDSP. Additionally, a 14.2-acre Neighborhood
Commercial (NC) land use designation was relocated from Area F to Area G. The GPA and SPA
was adopted by City Council Resolution No. 35-00, on March 7, 2000; the Planned Development
zoning with related Stage 1 Development Plan was approved through Ordinance 6-00 on March
21, 2000.
EXHIBIT ' ^ -
3/vD 1~(j ~~51
In 2004, the City of Dublin approved amendments to the General Plan and Eastern Dublin :
Specific Plan affecting Dublin Ranch Planning Areas B, E and F within the Eastern Dublin ~~rea,
as well as other related planned development rezonangs. In regard to the current Project site, this
action re-designated lands at the Central Parkway/Grafton Street intersection from "Public-Semi-
Public" to "Medium Density Residential" land use. A majority of the Iand use designation,
"Medium Density Residential," remained unchanged. The GPA and SPA was adopted by City
Council Resolution No. 43-04, on March 16, 2004; the Planned Development zoning with a
revised Stage 1 Development Plan was approved through Ordinance 12-04.
In 2005, the City approved a further revised Stage 1 Development Plan and a Stage 2
Development Plan for the Project site and neighboring site (Ordinance 24-OS), and approved Site
Development Review and Vesting Tentative Maps. In 2007, the City approved a related
Development Agreement.
The current application includes a request to the City o#'Dublin for the following amended
entitlements: Stage 1& Stage 2 Development Plans, Site Development Review, one or more
Vesting Tentative Subdivision Maps and Development Agreement. The proposed Project would
allow construction of up to 581 dwellings, which would represent a decrease of 113 dwellings
from the currently approved Development Plans. If approved, the new mix of residential
dwellings would include detached green courts, single-family dwellings and tuck-under
townhomes.
Prior CEQA A.nalyses and 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 EIR analyzed the potential effects of
future urban development planned for a then-largely undeveloped azea east of the then-
existing city of Dublin. Numerous environmental impacts were identified and numerous
mitigations adopted upon approval of the Eastem Dublin General Plan Amendment and
Specific Plan. For identified impacts that could not be mitigated to insignificance, the City
Council adopted a Statement of Overriding Considerations. All previously adopted mitigation
measures for development of Eastem Dublin that are applicable 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. In response to the application and
consistent with the City's practice for projects in Eastern Dublin, the City prepared an Initial
Study to 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 general and specific plan amendments were adequately addressed in the Eastern Dublin
EIR. This was predictable given the comprehensive planning for the development area; the
Ea.stern Dublin EIR's analysis of buildout under the Dublin General Plan and East Dublin
Specific Plan land use designations and policies; the long term 20-30 yeaz focus of the Dublin
General Plan, East Dublin Specific Plan and Eastern Dublin EIR analyses. Although the Initial
Study concluded that the Eastern Dublin EIR adequately analyzed most of the potential
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environmental impacts of the proposed general and specific plan amendments, it also identified
the potential for some new significant impacts or substantially intensif ed 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 City adopted the 2000 MND and a related
Mitigation Monitoring Program through Reso~ution No. 34-00. The 2000 MND is hereby
incorporated herein by reference.
2004 Addendum. In 2004, an Addendum to the 1993 Eastern Dublin EIR and 2000 MND was
approved for General Plan and Eastem Dublin Specific Plan amendments affecting Dublin
Ranch Areas B, E and F(see City Council Resolution No. 47-04 adopted March 16, 2004).
Current CEQA Analysis and Determination that an Addendum is Appropriate for this
Project.
Updated Initial Study. The City of Dublin has detem~ned that an Addendum is the
appropriate CEQA review for the proposed Project. Prior to making this determination, the
City reviewed the Eastern Dublin EIR, the previous MND and previous Addendum to
determine if any further environmental review was required for the actions proposed for this
Project site.
The City prepared an updated Initial Study dated February 22, 2010, and incorporated herein
by reference. Through this Initial Study, the City has determined that no subsequent ETR, or
negative declaration is required for this Project.
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 declazation is required for this Project. This is based 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, 2000 MND or the 2004 Addendum. The Project proposes the same type and general
density of dwelling units but with 113 fewer dwellings than currently approved. 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.
~i) ~ Are there substantial changes in the conditions which the Project is undertaken involving
new or more severe signifrcant impacts? There are no substantial changes in the conditions
assumed in the Eastern Dublin EIR, the 2000 MND or the 2004 Addendum. This is
documented in the Initial Study prepared for this Project dated February 22, 2010.
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 previous effects are more severe;
or, previously infeasible mitigation measures are now feasible but the applicant declined
to adopt them; or mitigation measures considerably different from those in the previous
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EIR would substantially reduce significant effects but the applicant declines to adopt ~
them? ? There is no new information showing a new or more severe significant effect. The
applicant's plans for Sorrento East project are'consistent with Eastern Dublin ElR andf
2000 MND mitigation measures.
d} If no subsequent EIR-level review is required, should a subsequent negative declaration
be prepared? No subsequent negative declaration or mitigated negative declaration is
required because there are no impacts, significant or otherwise, of the Project beyond
those identified in the Eastem Dublin EIR, previous MND and the previous Addendum.
Conclusion. This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based
on an Initial Study dated February 22, 2010. The Addendum and Initial Study reviews the
proposed development activities discussed above. Through the adoption of this Addendum
and related Initial Study, the City determines that the proposed Project does not require a
subsequent EIR or negative declaration under Guidelines Section 15162. The City further
determines that the Eastern Dublin EIR, previous mitigated negative declaration and
Addendum, and this Addendum/Initial Study adequately address the potential environmental
impacts of the proposed Project.
As provided in Section 15164 of the Guidelines, the Addendum need not be circulated for
public review, but sha11 be considered with the prior environmental documents before making
a decision on this project.
The above referenced resolutions, ordinances, Initial Study, Eastern Dublin EIR, the 2000
MND and 2004 Addendum are all available for public review in the Community Development
Department, Dublin City Hall, 100 Civic Plaza, Dublin CA, during normal business hours and
are all incorporated herein by reference.
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