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HomeMy WebLinkAboutReso 80-10 Jordan Ranch CEQARESOLUTION NO. 80 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** CONSIDERING A CEQA ADDENDUM TO THE EASTERN DUBLIN ENVIRONMENTAL IMPACT REPORT, AND THE 2002 EAST DUBLIN PROPERTY OWNERS (EDPO) AND 2005 FALLON VILLAGE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORTS AND APPROVING ITS FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR THE JORDAN RANCH PROJECT PA 09-011 WHEREAS, the Applicant proposes to devefop a 780-unit residential project on an approximately 189.7 acre site. The Project consists of single and multi-family units, a 6.6 acre residential/retail mixed use site, and a range of public parks, public and semi-public uses, open spaces and roadways. The related applications include a PD-Planned Development Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and Development Agreement. The Project reduces a previous approval for 1,064 units by 284 units. 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 east of Fallon Road and Positano Parkway, south of the Positano residential community under construction, west of the Croak property and north of the Chen property; 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 911Q3064) on May 1Q, 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, the City prepared a Supplemental EIR in 2002 for the 1,120-acre East Dublin Property Owners (EDPO} project in Eastern Dublin, including the Jordan Ranch property ("2002 SEIR", SCH # 2001052114). The 2002 SEIR assessed the impacts of annexing these properties to the City of Dublin and the Dublin San Ramon Services District, detaching the properties from the Livermore Area Parks and Recreation District, prezoning the properties to the PD-Planned Development district and adopting a refated Stage 1 Development Plan for future development of residential, retail, office, open space and other uses. The SEIR was certified on April 2, 2002 by City Council Resolution No. 40-02; and Page 1 of 4 WHEREAS, in 2005 the City prepared a second Supplemental EIR to analyze the Fallon Village project, consisting of a General Plan and Eastern Dubtin Specific Plan amendment, and a PD-rezoning and revised Stage 1 Development Plan for the same properties as the EDPO project, including the Jordan Ranch site. The second SEIR ("2005 SEIR", SCH #2005062010) was certified on December 5, 2005 by City Council Resolution No. 222-05. The 2005 SEIR analyzed the revised Stage 1 Development Plan, including a maximum of 1,064 units on the Jordan Ranch site, at a programmatic level anticipating that the analysis would be used for approval of future development projects unless project or other changes were to require additional environmental review under CEQA section 21166 and related CEQA Guidelines sections 15162 and 15163; and WHEREAS, the City prepared an Initia~ Study to determine if the Project required additional environmental review pursuant to CEQA section 21166 and refated CEQA Guidelines sections 15162 and 15163. Based on the Initial Study, the City prepared an Addendum dated May 11, 2010 describing the Project, including the reduced number of units from the number assumed in the 2005 SEIR, and finding that the impacts of the proposed Project have been adequately addressed in the Eastern Dublin EtR, 2002 SEIR and 2005 SEIR. The Addendum and related Initial Study are attached as Exhibit A and are incorporated herein by reference; and WHEREAS, the Eastern Dublin EIR, the 2002 SEIR and 2005 SE{R identified significant unavoidable impacts from development of the Eastern Dublin area and Fallon Village 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, the Planning Commission held a properly noticed public hearing on the Project on May 11, 2010 and adopted Resolution No. 10-23 recommending the City Council consider the Addendum and adopt its findings that no further environmental review is required for the Project under CEQA; and WHEREAS, on May 11, 2010, the Planning Commission adopted Resolution No. 10-25 approving a site development review and a vesting tentative map for the Project, adopted Resolution No. 10-24 recommending City Council approval of an Ordinance approving a Stage 2 Planned Development, and adopted Resolution No. 10-26 recommending City Council approval of an Ordinance approving a Development Agreement. The Planning Commission considered the Addendum as well as the Eastern Dublin EIR, 2002 SEIR and 2005 SEIR before making recommendations or taking action on the Project applications. WHEREAS, a staff report dated June 1, 2010 and incorporated herein by reference analyzed the Project and recommended consideration of the CEQA Addendum and approval of its findings, as well as approval of the applications for a Stage 2 Planned Development and Development Agreement; and WHEREAS, the City Council held a properly noticed public hearing on the Project's Stage 2 Planned Development, Development Agreement and CEQA Addendum on June 1, 2010 at which time all interested parties had the opportunity to be heard; and Page 2 of 4 WHEREAS, the City Council considered the Addendum as well as the Eastern Dublin EIR, 2002 SEIR and 2005 SEIR before taking action on the Project applications and further considered all reports, recommendations and testimony; and WHEREAS, all of the above resolutions, ordinances, the Addendum, Initial Study, Eastern Dublin EIR, 2002 SEIR, and 2005 SEIR are incorporated by reference and are available for public review during normal business hours at the Community Development Department, Qublin 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. BE IT FURTHER RESOLVED that the City Council make the following findings to support the determination that no further environmentat 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 2002 SEIR and 2005 SEIR, the Planning Commission staff report, the City Council staff report, and all other information contained in the record before the Planning Commission and 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 tnitial Study, Eastern Dublin EIR, 2002 SEIR, 2005 SEIR 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, EDPO and Fallon Village projects that will require major revisions to the EIRs 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 projects which were addressed in the previous EIRs. The proposed Project will not result in substantially more severe significant impacts than those identified in the prior EIRs. Afl 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, 2002 SEIR or 2005 SEIR. 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 and 15163. BE IT FURTHER RESOLVED as follows: 1. The City Council finds that 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 CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 are met. Page 3 of 4 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, negative declaration, or conduct further environmental review for the proposed Project. 3. The City Council considered the CEQA Addendum and related Initial Study attached as Exhibit A, and approved its findings that no further environmental review is required pursuant to CEQA Guidelines sections 15162 and 15163 for the Jordan Ranch Project prior to approving the land use applications for the Project. 4. The City Council hereby adopts the Statement of Overriding Considerations attached as Exhibit B for those significant and unavoidable impacts identified in the certified Eastern Dublin EfR, 2002 SEIR, and 2005 SEIR applicable to the Project. PASSED, APPROVED, AND ADOPTED this 1St day of June, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None `~ ~ -,~. ~~~ ~ -~ Mayor ATTEST: /// ~ ~. W C I~ City Clerk Reso No. 80-10, Adopted 6-1-10, Item 6.1 Page 4 of 4