Loading...
HomeMy WebLinkAboutReso 74-10 Nielsen Property EIRRESOLUTION NO. 74-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** CERTIFYING FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER CEQA FOR THE NIELSEN PROPERTY RESIDENTIAL PROJECT (6407 TASSAJARA ROAD - APN 985-0002-009-02) PA 07-057 WHEREAS, Robert Nielsen submitted applications for the creation of thirty-four (34) residential lots on the property located at 6407 Tassajara Road in the City of Dublin ( Alameda County Assessor's Parcel Number (APN) is 985-0002-009-02) ("Project Site"). The maximum number of dwelling units that would be located on the Project Site are thirty-six (36). The project includes applications for the following: (1) a General Plan Amendment and Eastern Dublin Specific Plan Amendment to modify the land use designation from Rural Residential/ Agriculture to Single Family Residential and to reduce the width of on-site streets; (2) a Planned Development Rezone with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan from PD-RR/A to PD- SFR to allow construction of up to 36 dwellings on 34 lots on the Project Site; and (3) a Vesting Tentative Subdivision Map for the Project Site. The applications are collectively known as the "Project"; and WHEREAS, the Project is located in Eastern Dublin and the Eastern Dublin Specific Pfan 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 environmental findings, mitigations, a mitigation monitoring program, and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein by reference) in accordance with the requirements of the California Environmental Quality Act ("CEQA"); and WHEREAS, significant unavoidable impacts were identified in the Eastern Dublin EIR that apply to the Project and Project site, therefore, any Project approval must be supported by a Statement of Overriding Considerations; and WHEREAS, in compliance with the requirements of CEQA, the City prepared an Initial Study to determine if the proposed Project would require additionat environmental review beyond that analyzed in the Eastern Dublin EIR. The Initial Study found that many anticipated impacts of the proposed Project have been adequately addressed in the Eastern Dublin EIR. This is consistent with the comprehensive environmental analysis undertaken as part of the Eastern Dublin EIR with a 20-30 year build-out horizon. Although the Initial Study concluded that the Eastern Dublin EIR adequately analyzed most of the potential environmental impacts of the proposed Project, it also identified the potential for certain new significant impacts or substantially more severe impacts beyond those analyzed in the Eastern Dublin EIR. The City of Dublin determined that the potential for new and/or substantially more severe impacts required preparation of a supplemental EIR for certain impact areas pursuant to the requirements of CEQA; and Page 1 of 4 WHEREAS, the City circulated a Notice of Preparation, dated May 23, 2008, with the Initial Study to public agencies and interested parties for consultation on the scope of the supplemental EIR. The City also conducted a public scoping meeting on June 18, 2008; and WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City prepared a Draft Supplemental Environmental Impact Report (DSEIR) dated January 2009 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project beyond those analyzed in the Eastern Dublin EIR (Exhibit D, incorporated herein by reference). The DSEIR confirmed that many aspects of the Project were within the scope of the Eastern Dublin program and that the certified Eastern Dublin EIR adequately described these aspects of the Project for CEQA purposes; and WHEREAS, the DSEIR was circulated for public review from February 2, 2009 to March 25, 2009; and WHEREAS, the City received comment letters from State and local agencies and interested parties during the public review period. In accordance with the requirements of CEQA, the City prepared written responses to all the comments received during the public comment period. The City prepared a Final Supplemental EIR (FSEIR), dated April 2010, for the proposed Project which included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the DSEIR. The FSEIR incorporates the DSEfR. The responses to comments provide the City's good faith, reasoned analysis of the environmental issues raised by the comments (Exhibit E, incorporated herein by reference); and WHEREAS, the City carefully reviewed the comments and written responses and determined that the FSEIR, including the clarifications and minor corrections to the DSEIR, do not constitute significant new information requiring recirculation of the DSEIR under the standards in CEQA Guidelines section 15088.5; and WHEREAS, the FSEIR, including comments and responses, reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project; and WHEREAS, the FSEIR and related Project and environmental documents, including the Eastern Dublin EIR, and all of the documents relating to the Project are incorporated herein by reference, and are available for review in the City planning division at the Dublin City Hall, file PA 07- 057, during normal business hours. The location and custodian of the FSEIR and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file PA 07-057; and WHEREAS, the Planning Commission reviewed the staff reports, and the FSEIR at a duly noticed public hearing on April 27, 2010 at which time all interested parties had the opportunity to be heard. Following the hearing and based on the record before it, the Planning Commission adopted Resolution 10-18 recommending certification of the Final Supplemental Environmental Impact Report and adoption of environmental findings under CEQA for the Project and Resolution 10-20 recommending approval of the Project, both of which resolutions are incorporated herein by reference and available for review at the Planning Division in City Hall at 100 Civic Plaza, Dublin, CA 94568; and Page 2 of 4 WHEREAS, a staff report, dated May 18, 2010 and incorporated herein by reference, described and analyzed the Project for the City Council and contained information on the Eastern Dublin EIR and FSEIR; and WHEREAS, on May 18, 2010, the City Council conducted a duly noticed pubtic hearing on the Project and the FSEIR at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the staff report, the Eastern Dublin EIR, the FSEIR, including comments and responses, and all other information in the record on the Project; and WHEREAS, the FSEIR reflects the City's independent judgment and analysis on the potential for environmental impacts for the Project ; and WHEREAS, the Project would have significant supplemental effects on the environment, which can be substantially reduced through supplemental mitigation measures, except for visual impacts; therefore, approval of the Project must include mitigation findings as set forth in attached Exhibit A; and WHEREAS, the FSEIR identified the ProjecYs effects due to visual impacts as significant and unavoidable and cannot be lessened to a level of less than significant; therefore, approval of the Project must include findings regarding alternatives as set forth in attached Exhibit B, and must include a Statement of Overriding Considerations as set forth in attached Exhibit C; and WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is contained in the Final EIR, which is attached as Exhibit E; and NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin City Council hereby makes the following findings on the FSEIR and the environmental impacts of the Project under CEQA: A. The foregoing recitals are true and correct and made a part of this resolution. B. The FSEIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. C. The City Council has independently reviewed and considered the information contained in Eastern Dublin EIR and FSEIR, including the written comments received during the DSEIR review period and the oral and written comments received at the public hearing, prior to making its recommendation on the proposed Project. D. The FSEIR reflects the City's independent judgment and analysis on the potential environmental impacts of the proposed Project. The FSEIR provides information to the decision- makers and the public on the environmental consequences of the proposed Project. E. The FSEIR adequately describes the proposed Project, its significant environmental impacts, mitigation measures and a reasonable range of alternatives to the proposed Project. Page 3 of 4 BE IT FURTHER RESOLVED that the Dublin City Council adopts the mitigation measures and mitigation findings set forth in Exhibit A, the Findings regarding Alternatives set forth in Exhibit B, the Statement of Overriding Considerations set forth in Exhibit C, and the Mitigation Monitoring and Reporting Program set forth in Exhibit E, which Exhibits A, B, C, D and E are incorporated herein by reference, all in compliance with the requirements of CEQA. PASSED, APPROVED, AND ADOPTED this 18th day of May, 2010 by the following vote: AYES: Councilmembers Biddle, Scholz, and Mayor Sbranti NOES: None ABSENT: Councilmember Hart, and Hildenbrand ABSTAIN: None /1~ ~ , ~ ~-- ,d-~~=~..t~.. Mayor ATTEST: ~P~ City Clerk Reso No. 74-10, Adopted 5-18-10, ltem 6.2 Page 4 of 4