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HomeMy WebLinkAbout8.2 Attch 7 PC Reso CEQA AddendumRESOLUTION NO. 12 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT A CEQA ADDENDUM TO THE EASTERN DUBLIN ENVIRONMENTAL IMPACT REPORT, THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN DUBLIN PROPERTY OWNERS, AND THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR FALCON VILLAGE FOR THE PROJECT KNOWN AS CAPISTRELLO COURT AT POSITANO (APN 985-0073-005-00) PA 07-005 WHEREAS, the Applicant, Braddock & Logan Services, Inc. submitted applications for a 2.8-acre parcel known as Capistrello Court within a planned community known as Positano within the Fallon Village planning area. The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Semi- public to Single-Family Residential; 2) Planned Development Rezoning and related Stage 1 and Stage 2 Development Plan Amendment; 3) Site Development Review (SDR) for the construction of 12 detached single-family units; and 4) Vesting Tentative Tract Map 8072 to create 12 lots. The applications collectively are defined as the "Project"; and WHEREAS, the project site is vacant and located at the southeast corner of Positano Parkway and West Cantara Drive; 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, resolution 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, in 2002, the City Council adopted Resolution 40-02 certifying a Supplemental Environmental Impact Report (SEIR) (SCH #2001052114) to the Eastern Dublin EIR for the Eastern Dublin Property Owners (EDPO) annexation project; and WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 certifying a SEIR (SCH #2005062010) to the Eastern Dublin EIR and EDPO SEIR for the Fallon Village planning area; and WHEREAS, significant unavoidable impacts were identified in the EIRs referenced above that required the City Council to adopt Statements of Overriding Considerations. Some of the significant unavoidable impacts apply to the Project, therefore, approval of the Project must be supported by a Statement of Overriding Considerations; and Page 1 of 3 ATTACHMENT 7 WHEREAS, for the Capistrello Court Project, 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 January 24, 2012 describing the modifications, development and findings that the impacts of the proposed Project have been adequately addressed in the EIRs referenced above. The Addendum is attached as Exhibit A and is incorporated herein by reference; and WHEREAS, a Planning Commission Staff Report dated January 24, 2012 and incorporated herein by reference analyzed the project and recommended adoption of the CEQA Addendum and approval of the applications; and WHEREAS, the Planning Commission held a properly noticed public hearing on the project on January 24, 2012; and WHEREAS, the Planning Commission considered the Addendum, as well as the EIRs referenced above, before taking action on the project applications. The Planning Commission further considered all reports, recommendations and testimony before taking any action; and WHEREAS, all of the above Resolutions and Ordinances are incorporated by reference and 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. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council make 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, the EIRs referenced above, the Planning Commission Staff Report, and all other information contained in the record before the Planning Commission. 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, the EIRs referenced above, 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 previous projects addressed in the EIRs referenced above 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 these EIRs which were addressed previously. The proposed project will not result in substantially more severe significant impacts than those identified in the prior EIRs. All previously adopted mitigation measures and mitigation monitoring programs continue to apply to the proposed Project and project site as applicable. 2. The Initial Study and Addendum did not identify any new significant impacts of the proposed project that were not analyzed in the EIRs referenced above. 2 of 3 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 Planning Commission recommends the following to the City Council: 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 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, attached as Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the project known as Capistrello Court at Positano. BE IT FURTHER RESOLVED that the Planning Commission recommends the City Council adopt any further required CEQA findings or overriding considerations. PASSED, APPROVED AND ADOPTED this 24th day of January, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Secretary G:IPA#12007107-005 PositanolPC Mtg 1.24.12 Capistrello Court GPA.SPA.Stage 1,2.SDR.VTMIpc reso recommending addendum for Capistrello KIT.doc 3 of 3