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HomeMy WebLinkAboutReso 60-11 Avalon Bay SDRRESOLUTION NO. 60-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***~****** AFFIRMING THE PLANNING COMMISSION DECISION APPROVING SITE DEVELOPMENT REVIEW AND VESTING TENTATIVE TRACT MAP 7929 AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR AVALON BAY COMMUNITIES, SITE C, DUBLIN TRANSIT CENTER (APN 986-0054-005-02) PA 06-060 WHEREAS, the Applicant, Avalon Bay Communities, submitted applications for an area of approximately 7.21 acres known as Dublin Station, Site C within the Dublin Transit Center (PA 06-060) and the Eastern Dublin Specific Plan Area; and WHEREAS, the project site generally is located north of the East Dublin BART Station, east of Iron Horse Trail, generally west of Iron Horse Parkway, and immediately south of Campbell Green within the previously approved Dublin Transit Center; and WHEREAS, the Dublin Transit Center project (PA 00-013) was approved by the City Council on December 3, 2002, by Ordinance 21-02 adopting a PD-Stage 1 Planned Development. The Stage 1 Planned Development Rezone provided for various land uses including the development of residential units and commercial development; and WHEREAS, the Applicant applied for a Stage 2 Development Plan in accordance with Site Development Review, Vesting Tentative Tr 505 residential units on Site C of the Duk Development Review and Vesting Tentative Tr "Project"; and PD-Stage 1 Development Plan amendment and Dublin Zoning Ordinance, Section 8.32-, and for act Map 7929 and a Development Agreement for -lin Transit Center. The application for Site ~ct Map are collectively referred to herein as the WHEREAS, the complete applications submitted are available and on file in the Community Development Department; and WHEREAS, the Planning Commission hefd a public hearing on the Project on March 22, 2011; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the Site Development Review and Vesting Tentative Tract Map subject to the findings and conditions set therein; and Page 1 of 6 WHEREAS, staff recommended that the Planning Commission find that the Project is exempt from the California Environmental Quality Act (CEQA) under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395). None of the standards under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 for preparation of a subsequent or supplement EIR have occurred or are met for the Project. No further environmental review is required; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all reports, recommendations, and testimony before taking action; and WHEREAS, among other actions, the Planning Commission adopted Resolution 11-09 finding the Project exempt from CEQA and approving Site Development Review and Vesting Tentative Tract Map 7929 for the Project; and WHEREAS, on April 1, 2011, the Carpenters Local 713 filed an appeal ("Appeal") of the Planning Commission's adoption of Resolution 11-09 approving Site Development Review and Vesting Tentative Tract Map 7929 for the Project; and WHEREAS, a City Council Staff Report and attachments, dated May 17, 2011 and incorporated herein by reference, analyzed and responded to the Appeal issues. The Staff Report sets forth the basis for rejecting each ground for Appeal. In the Staff Report, staff recommended that the City Council affirm the Planning Commission decision in Resolution 11- 09 and deny the Appeal; and WHEREAS, the City Council held a properly noticed public hearing on the Project and the Appeal on May 17, 2011; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony before taking action. 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 Councit hereby makes the following Findings of Fact, affirming the Planning Commission's approval of Site Development Review and Vesting Tentative Tract Map 7929 for Avalon Bay Communities, Site C in the Dublin Transit Center in accordance with Resolution 11-09. The evidence supporting the findings is contained in the record as a whole, including the Staff Report and attachments thereto which are incorporated herein by this reference. The findings and Conditions of Approval under Planning Commission Resolution 11-09 also are hereby adopted and incorporated herein by reference. Page2of6 Proiect is Exempt from CEQA The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395) (Specific Plan EIR or EIR). The Project is a residential project because it consists of 505 residential units and ancillary parking and fitness center uses. The parking and fitness center are to serve the residences of the Project. The Project is consistent with the Specific Plan because the Plan allows up to 1500 residential units on Sites A, B and C. The Project will result in 505 units on Site C. The Project includes a reduction of maximum units on Site A, so that the overall maximum number of residential units on Sites A, B and C is 1500 units. The 1,500 unit maximum under the PD Stage 1 Development Plan Amendment is consistent with the Specific Plan. The reallocation of the 1,500 units between Sites A, . B and C also. is consistent with the Specific Plan. Note 4 of the Proposed Land Use Table (p. 1.13) states: "Maximum square footage and maximum units per site can be exceeded, as long as the total square footage or units is not". (City Council Ordinance No. 21-02 Approving a Stage 1 Development Plan for the Dublin Transit Center Project (Section 3).) The environmental review for the Project is the Specific Plan EIR certified by the City Council in 2002. There is no substantial evidence in the record showing that the standards for preparation of a subsequent or supplement EIR under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 have occurred or are met for the Project. The CEQA standards for a subsequent EIR are narrow. Since an EIR has been certified for the Project, CEQA creates a presumption that no subsequent EIR is required unless certain limited exceptions are met. The existence of these exceptions must be supported by substantial evidence. An explanation of why each of the subsequent EIR standards are not met is provided below. There are no substantial changes to the Project requiring major revisions to the Specific Plan EIR due to new significant or substantially more severe environmental effects than previously identified in the EIR. The Project is consistent with the Specific Plan and no amendments to the Specific Plan are required for Project approval. There is no substantial evidence of substantial changes to the circumstances under which the Project is undertaken requiring major revisions of the EIR due to new significant or substantially more severe environmental effects than previously identified in the EIR. The circumstances under which the Project is undertaken are substantially the same and any changes do not result in a new or substantially greater impact from those identified in the EIR. There is no substantial evidence of new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, showing any of the following: (i) new significant or substantially more severe environmental effects than previously identified in the EIR; (ii) mitigation measures or alternatives previously Page 3 of 6 found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (iii) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Site Development Review A. The proposal is consistent with the purposes of this Chapter, with the Generat Plan and with any applicable Specific Plans and design guidelines in that: The proposed site design for the development of the Dublin Station project, as conditioned, is consistent with Chapter 8.104 of the Dublin Zoning Ordinance, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, the Stage 1 Planned Development zoning, the Stage 2 Development Plan, and with all other requirements of the Dublin Zoning Ordinance in that it will create housing opportunities; establish ancillary retail/commercial development; and allow for proper maintenance and emergency access. B. The proposal is consistent with the provision of Title 8, Zoning Ordinance, Chapter 8.104, Site Development Review of the Dublin Zoning Ordinance in that it provides a well designed project in relation to BART, other development in the area, and the Campbell Green. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot on which the project is proposed because it is within the context of development in the area; it is consistent with the Dublin Transit Center area development, and continues with implementation of the plan adopted with Stage 1 Planned Development Rezone Amendment by coordinating improvements, circulation, and housing opportunities with the adjacent properties. D. The subject site is physically suitable for the type and intensity of the approved development because it provides high-density housing, continues the envisioned development pattern for the Dublin Transit Center which is within the recommended density for the site. E. Impacts to the existing slopes and topography are addressed as the site is predominately flat and drainage has been accommodated into an underground collection system and conveyed away from the property. F. Architectural considerations, including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors, and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity, have been incorporated into the project, and as conditions of approval, in order to ensure compatibility with the design concept or theme and the character of adjacent buildings within and adjacent to the project. G. Landscape considerations, including the location, type, size, color, te~ure and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public. Page 4 of 6 H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrian, and automobiles. Vestinq Tentative Tract Map A. The proposed Vesting Tentative Tract Map is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of the proposed Vesting Tentative Tract Map is consistent with the General Plan and the Eastern Dublin Specific Plan, as amended, as it relates to the subject property in that it is a subdivision for implementation the Dublin Transit Center, a community of various uses (including residential, commercial and campus office), in an area designated for this type of development. C. The proposed Vesting Tentative Tract Map is consistent with the Stage 1 and Stage 2 Planned Development zoning and is therefore consistent with the City of Dublin Zoning Ordinance. D. The properties created by the proposed Vesting Tentative Tract Map will have adequate access to major constructed or planned improvements as part of the Dublin Transit Center Master Plan and development in progress on surrounding and adjacent properties. E. Project design, architecture, and concept have been integrated with topography of the project site created by the proposed Vesting Tentative Tract Map to minimize overgrading and extensive use of retaining walls. Therefore, the proposed subdivision is physically suitable for the type and intensity of development proposed. F. The Mitigation Monitoring program adopted with the Dublin Transit Center Environmental Impact Report would be applicable as appropriate for addressing or mitigating any potential environmental impacts identified. G. The proposed Vesting Tentative Tract Map will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. H. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the maps and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the City Council hereby denies the Appeal of the Planning Commission's adoption of Resolution 11-09 approving the Site Development Review and Vesting Tentative Tract Map 7929 for the Project. The particular grounds for denying the appeal are set forth in the record as a whole, including the staff report and attachments thereto which are incorporated herein by this reference. Page 5 of 6 PASSED, APPROVED AND ADOPTED this 17th day of May 2011 by the following vote: AYES: Councilmembers Biddle, Hart, Hiidenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ., ~V ~`"~ ~ ~ Mayor ATTES • ~ ~~~ City Clerk Reso No. 60-11, Adopted 5-17-11, Item 62 Page 6 of 6