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HomeMy WebLinkAboutReso 54-12 Brannigan St CEQA Addemdum RESOLUTION NO. 54 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** ADOPTING A CEQA ADDENDUM FOR THE PROJECT PROPOSED FOR A 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE WITHIN DUBLIN RANCH AND ADOPTING A RELATED STATEMENT OF OVERRIDING CONSIDERATIONS (APN 985-0052-021) PLPA-2011-00039 WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications for a 3- acre site located along the west side of Brannigan Street north of Gleason Driv(e ("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 and new Stage 2 Development Plan, 3) Site Development Review (SDR) to construct 19 single-family detached homes, 4) Vesting Tentative Tract 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 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 (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, 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 Page 1 of 3 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 and development and finding that the impacts of the proposed Project have been adequately addressed in the prior CEQA documents referenced above. The Addendum is attached as Exhibit A and is incorporated herein by reference; and WHEREAS, on March 27, 2012, the Planning Commission adopted Resolution 12- 09 recommending that the City Council adopt the CEQA Addendum for the Brannigan Street project; and WHEREAS, a Staff Report for the City Council, dated April 17, 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 April 17, 2012 the City Council held a properly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council considered the Addendum, as well as the prior CEQA documents and all above-referenced reports, recommendations, and testimony before taking any action; and 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 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 GEQA documents, the City Council staff report, and all other information contained in the record before the 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 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 project 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. Page 2 of 3 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 sub$tantial 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 City Council of the City of Dublin finds the following: 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 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 considered the information in the Addendum and prior CEQA documents before approving the land use applications for the proposed Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the CEQA Addendum and related Initial Study, attached as Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the Brannigan Street project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the Statement of Overriding Considerations attached as Exhibit B. PASSED, APPROVED AND ADOPTED this 1yth day of April, 2012 by the following vote: AYES: NOES: ABSENT: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti None Councilmember Hildenbrand ABSTAIN: None ai 14J- Mayor A~T: . . A7{ (?9J:; City Clerk . . Reso No. 54-12, Adopted 4-17-12, Item 6.1 Page 3 of 3 EXHIBIT A CEQA ADDENDUM FOR THE BRANNIGAN STREET GPAlSPA PROJECT PLPA-2012-00039 MARCH 27, 2012 On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and ~ecific Plan ("Eastern DublinEIR, OCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum to the Eastern Dublin EIR dated May 4, 1993, assessing a reduced development project alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and ~ecific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. Snc:ecertification of the EIR, many implementing projects have been proposed, relying to various degrees on the certified EIR. In 1997, the City of Dublin adopted a Negative Declaration ("1997 NO") for Dublin Ranch Planning Areas B-E in 1997 that analyzed the impacts of annexing this portion of the Eastern Dublin Planning Area to the City of Dublin as well as approving land use entitlements for these Planning Areas (City Council Resolution No. 140-97, November 18, 1997.) No significant environmental issues were identified in the Initial Sudy on which the Negative Declaration was based. In 2000, an Initial Sudyl Mitigated Negative Declaration ("2000 MND") was approved by the Dublin City Council (Resolution No. 34-00, dated February 15, 2000) for a General Plan Amendment, Eastern Dublin ~ecific Plan Amendment and a Planned Development rezoning with a Sage 1 Development Plan for Dublin Ranch Planning Area F, within which this Project is located. The Initial Sudy analyzed all of the environmental topics recommended in CEQA GuidelinesAppendix G. Based on additional site-spedficanalysis of light and glare, biological resources, cultural resources, hydrology and water quality, and traffic and circulation, supplemental mitigation measures were adopted by the City. In March, 2004, the City of Dublin adopted an Addendum to the all of the previously adopted CEQA documents for Dublin Ranch Planning Area F North (City Council Resolution No. 43-04, March 16, 2004.) No new or more significant impacts were identified in the Initial Sudy on which the Addendum was based. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the Project, as d escri bed bel ow. proj ect 0 escri pti on . The current application indudes a requestto amend the City of Dublin General Plan and Eastern Dublin ~ecific Plan to redesignate a 3-acre (net) site on the north side of Brannigan Sreet: approximately 120 feet north of the intersection of Brannigan Sreet: and Gleason Drive (from "PI S:>-Public/S3mi-Public" to "M-Medium Density Residential." The proposed General Plan and ~ecific Plan would facilitate development of 19 single- family dwellings on the site. Other requested land use entitlements indude a Planned Development rezoning with related Sage 1 Development Plan amendment and a Sage 2 Development Plan, a Vesting Tentative SJbdivision Map, a Ste Development Review permit and a Development Agreement. PriorCEQA Analyses and Determinations As summarized above and discussed in more detail in the attached Initial Sudy, the Project site has been planned for urbanization in all the related Eastern Dublin approvals in 1993, 1997, 2000 and 2004 and has been the subject of a Negative Dedaration (ND), Mitigated Negative Dedaration (MND) and an Addendum as well as the original Eastern Dublin EIR. The Eastem Dublin EIR identified numerous environmental impacts, and numerous mitigations were adopted upon approval of the Eastern Dublin General Plan Amendment and EPecific Plan. For identified impacts that could not be mitigated to insignificance, the City Council adopted a Satement of Overriding Considerations. The 2000 MND identified supplemental impacts and mitigation measures in addition to those in the Eastern Dublin EIR. No additional mitigation measures were induded in the 1997 ND or the 2004 Addendum. All previously adopted mitigation measures for development of Eastern Dublin identified in the Eastern Dublin EIR and the 2000 MND that are applicable to the Project continue to apply to the aJrrently proposed Project as further discussed in the attached Initial Sudy. Current CEQA Analysis and Determination that an Addendum is Appropriate for this Project. Updated Initial Study The City of Dublin has determined that an Addendum is the appropriate CEQA review for the Project, which proposes to amend the approved General Plan and Eastern Dublin EPecific Plan for the Brannigan Sreet site. If approved, the proposed Project would change land uses on the 3-acre site as identified above. The applicant is also seeking approval City approval of a PD rezoning with related Sage 1 Development Plan amendment, a Sage 2 Development Plan, a Ste Development Review permit, a vesting tentative subdivision map and a Development Ag reement. The City prepared an updated Initial Sudy dated March 16,2012, incorporated herein by reference, to assess whether any further environmental review is required for this Project Through this Initial Sudy, the City has determined that no subsequent EIR, or Negative Dedaration is required for the plan and zoning amendments or the refined development details. No SJbseQuent Review is Required per CEQA Guidelines S3c1:ion 15162. CEQA Guidelines S3c1:ion 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions, the City has determined that no subsequent EIR or negative dedaration is required for this Project. This is based on the following analysis: a) Are tlwe SJJ:ximtici d1crgJs to tta Prcje:i involving neN cr mCTe tBlere sgnificmt impcriS? There are no substantial changes to the Project analyzed in the Eastern Dublin EI R, as supplemented by the 1997 NO, the 2000 MND and the 2004. Addendum. As demonstrated in the Initial Sudy, the proposed land uses for Project site is not a substantial change to uses analyzed in previous CEQA documents and will not result in additional significant impacts, and no additional or different mitigation measures are requira:L b) Are tMe SJJ:ximtici ci1a'"gJs in tta a:nditims which tta Prcje:i is unc8tci(B7 involving neN cr mCTe s:JIfTe sgnificmt impcriS? There are no substantial changes in the conditions assumed in the Eastern Dublin EIR, the 1997 NO, the 2000 MND or the 2004 Addendum. This is documented in the attached Initial Sudy prepared for this Project March 16,2012. c) Is tMe naN infcrmctim af SJJ:ximtici imp:xtm~ which was nel knOIAlT1 and a1Jld nel have bee1 knOIAlT1 ct tta timeaf tre pra!iC1.Js EIR and elM CEQA ctwl7181ts that SuNStta Prcje:i will have a sgnificmt fffe:i nel afiessa:J in tta pre;iC1.Js ctwl7181t~ cr pre;iC1.Js fffe:iscremCTes:JIfTff cr, pre;iC1.Jsy inffBiliemitigatim rnaBJrfBcrenON ffBiliebut tta EfJplicmt cEdinfD to adopt tlm1; cr mitigatim rnaBJrfB a:nsdarctiy differB7t from tl1::s3in tta pre;iC1.Js EIR and MND WC1.Jld SJJ:ximticily rfduresgnificmt fffe:is but tta EfJplicmt cEdinfBto acbpt tlm1? As documented in the attached Initial Study, there is no new information showing a new or more severe significant effect beyond those identified in the prior EIR and MND. Smilarly, the Initial Sudy documents that no new or different mitigation measures are required for the Project. All previously adopted mitigations continue to apply to the Project. The previously certified EIR and other CEQA documents adequately describe the impacts and mitigations associated with the proposed development on the Project site. d) If no SJI:8:quB7t EIR-lfMi re;iaN is rf1:jUirfd, dwld a SJI:8:quB7t n8J8live cEdcrctim be pr€p8(fd? No subsequent negative declaration or mitigated negative declaration is required because there are no impacts, significant or otherwise, of the Project beyond those identified in the Eastern Dublin EIR and other previous CEQA documents for the site, as documented in the attached Initial Sudy. Condusion. This Addendum is adopted pursuant to CEQA Guidelines S3ction 15164 based on the attached Initial Sudy dated March 16, 2012. The Addendum and Initial Sudy revie.v the proposed General Plan and Eastern Dublin ~edfic Plan Amendments, the P1annoo Development rezoning amendment, Vesting Tentative SJbdivision Map, the Ste Development Revie.v permit and Development Agreement as discussed above. Through the adoption of this Addendum and related Initial Sudy, the City determines that the above minor changes in land uses do not require a subsequent EIR or negative declaration under CEQA section 21166 or CEQA Guidelines S3ctions 15162 and 15163. The City further determines that the Eastern Dublin EIR, the 1997 NO, the 2000 MND and the 2004 Addendum adequately address the potential environmental impacts of the land use designation change and proposed development for the Brannigan site as documented in the attached Initial Study. As provided in Section 15164 of the Guidelines, the Addendum need not be. drculatEdfor public revieN, but shall be considered with the prior environmentaLdocuments before making a decision on this project. . The Initial 3udy, Eastern Dublin EIR, the 1997 NO, the 2000 MND, the 2004 Addendum and all resolutions dtEd above are incorporated herein by reference and are available for public revieN during normal business hours in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin CA. n_ _ _ 0 _PI'\ EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS 1. General. Pursuant to CEQA Guidelines section 15093, the City Council of the City of Dublin adopted a Statement of Overriding Considerations for those impacts identified in the Eastern Dublin EIR as significant and unavoidable (Resolution 53-93, May 10, 1993). The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastern Dublin General Plan Amendment and Specific Plan project. The City Council is currently considering the Brannigan Street residential project, PLPA-2011- 00039. The Project includes entitlements necessary to allow residential development of up to 19 units on the 3 acre project site. More specifically, the project includes General Plan/Eastern Dublin Specific Plan amendments to change the land use designation of the site from Public/Semi-Public to Medium Density Residential. A .Planned Development rezoning with related Stage 1 Development Plan amendment and new Stage 2 Development Plan would amend the existing PO zoning accordingly. A Site Development Review and Vesting Tentative Tract Map 8093 would approve construction of 19 homes and a related subdivision map. These actions are collectively referred to herein as the "Project". The City Council adopted a Statement of Overriding Considerations with the 1993 land use approvals for urbanization of Eastern Dublin, including the Brannigan Street property. Pursuant to a 2002 court decision, the City Council must adopt new overriding considerations for the previously identified unavoidable impacts that apply to the current Project.1 The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR will be substantially lessened by mitigation measures adopted with the Eastern Dublin approvals and by the environmental protection measures included in the Project design or adopted through the Project approvals, to be implemented with the development of the Project. Even with mitigation, the City Council recognizes that the implementation of the Project carries with it unavoidable adverse environmental effects as identified in the Eastern Dublin EIR. The City Council specifically finds that to the extent that the identified adverse or potentially adverse impacts for the Project have not been mitigated to acceptable levels, there are specific economic, social, environmental, land use, or other considerations that support approval of the Project. 2. Unavoidable Sianificant Adverse Impacts from the Eastern Dublin EIR. The following unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin apply to the Project. Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.8/B; and, Alteration of Rural/Open Space Character. Traffic and Circulation Impacts 3.3/8, 3.3/E. 1-580 Freeway, Cumulative Freeway Impacts. Traffic and Circulation Impacts 3.3/1, 3.3/M Santa Rita Road/I-580 Ramps, Cumulative Dublin Boulevard Impacts. 1 "...public officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts." (emphasis original.) Communities for a Better Environment v. California Resources Aaencv 103 Cal.App. 4th 98, _ (2002). 40f5 Community Services and Facilities Impact 3.4/S. Consumption of Non-Renewable Natural Resources and Sewer, Water; and Storm Drainage Impact 3.5/F, H, U. Increases in Energy Usage Through Increased Water Treatment, Disposal and Operation of Water Distribution System. Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary Effects. Air Quality Impacts 3. 11/A, B, C, and E. Future development of the Project will contribute to cumulative dust deposition, construction equipment emissions, mobile and stationary source emissions. 3. Overridinq Considerations. The City Council previously balanced the benefits of the Eastern Dublin project approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR. The City Council now balances those unavoidable impacts that apply to future development on the Project site against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the Project as further set forth below. The City declares that each one of the benefits included below, independent of any other benefits, would be sufficient to justify approval of the Project and override the Project's significant and unavoidable impacts. The substantial evidence demonstrating the benefits of the Project are found in these findings, and in the documents found in the administrative record for the Project. The Project will further the urbanization of Eastern Dublin as planned through the comprehensive framework established in the original Eastern Dublin approvals. The Project will create a small residential neighborhood that is compatible with the residential development in the vicinity of the Project. The Project will provide local roadway improvements contributing to an efficient public roadway system. Although small, the Project will help the City toward its RHNA goal for new housing units and will help implement policies contained in the Housing Element of the General Plan. The Project will provide streetscape improvements such as curb, gutter, sidewalk, and landscaping that will be an amenity to the larger community and provide safer pedestrian and bicycle access between existing neighborhoods. The Project will create new revenue for the City, County, and State through the transfer and reassessment of property due to the improvement of the property and the corresponding increase in value. The Project will contribute funds to construct schools, parks, and other community facilities that are a benefit City-wide. Development of the site will provide construction employment opportunities for Dublin residents. 1836276vl 50f5