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HomeMy WebLinkAbout8.1 Attch 7 ResoAdoptCEQAaddendumRESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR THE PROJECT PROPOSED FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE WITHIN DUBLIN RANCH (APN 985-0052-021) PLPA-2011-00039 WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications fora 3- acre site located along the west side of Brannigan Street north of Gleason Drive ("Project Site"). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Public/Semi-Public to Medium Density Residential; 2) Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan; 3) Site Development Review (SDR) to construct 19 single-family detached homes; 4) Vesting Tentative Tract Map 8093 to create 19 residential lots; and 5) Development Agreement. The Project Site and the applications are collectively known as the "Project;" and WHEREAS, the Project site and currently is vacant land; 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 General Plan Amendment and Eastern Dublin 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, since certification of the EDEIR, the Project site has been addressed in several later CEQA reviews, including a 1997 Negative Declaration (Resolution 140-97), a 2000 MND for the Dublin Ranch Area F project (Resolution 34-00), and a 2004 Addendum for the Dublin Ranch Area F North project (Resolution 43-04). The foregoing resolutions 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, for the Brannigan Street 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 March 27, 2012 describing the modifications, development and findings that the impacts of the proposed Project have been adequately addressed in the prior Page 1 of 3 ATTACHMENT 7 CEQA documents referenced above. The Addendum is attached as Exhibit A and is incorporated herein by reference; and WHEREAS, a Staff Report for the Planning Commission, dated March 27, 2012 and incorporated herein by reference, described and analyzed the project, and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, on March 27, 2012 the Planning Commission held a properly noticed public hearing on the project at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the CEQA Addendum as well as the prior CEQA documents, and all above-referenced reports, recommendations, and testimony before taking any action on the project. 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 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 CEQA Addendum, the prior CEQA documents, 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 CEQA Addendum and related Initial Study, the prior CEQA documents, 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 affecting the Project site, as addressed in the prior CEQA documents, that will require major revisions to the prior documents 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 previously addressed. The proposed Project will not result in substantially more severe significant impacts than those identified in the prior CEQA documents. All previously adopted mitigation measures 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 prior CEQA documents. 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 of 3 2. The City has properly prepared a CEQA 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 Project. PASSED, APPROVED AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIKit's DOC commentslpc reso recommending cega addendum for brannigan lennar. DOC 3 of 3