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HomeMy WebLinkAbout8.2 SB 343 Additional Information i DU- 19\ _ � � � 82 `ZIFOO SB 343 Senate Bill 343 mandates supplemental materials that have been received by the Planning Department that relate to an agenda item after the agenda packets have been distributed to the Planning Commission be available to the public. This document is also available in the Planning Department and on the City's Website. The attached document was received in the Planning Department after distribution of the November 27, 2012 Planning Commission meeting agenda packet. Item 8.2, 11.27.12 RESOLUTION NO. XX-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************************************** CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING MITIGATION FINDINGS, FINDINGS REGARDING ALTERNATIVES, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE MOLLER RANCH/MOLLER CREEK CULVERT REPLACEMENT PROJECT PLPA 2011-00003 WHEREAS, Braddock & Logan Services (Applicant) proposes to develop up to 382 single family detached units on approximately 79.6 acres of the 226.3-acre Moller Ranch. The proposal includes an approximately 1.1-acre neighborhood park, 1.2 acres of Semi-Public land use including trails and a staging area, a system of bio-retention cells for storm water pollution control, and approximately 7.6 acres of designated Open Space, generally along Moller Creek. In connection with the proposed development, an existing Tassajara Road culvert over Moller Creek would be replaced and would include realignment of the creek and erosion control and other improvements along the creek banks and in the creek channel in an approximately 2.5 acre area. The City is processing applications for General Plan and Eastern Dublin Specific Plan amendments, a PD-Planned Development rezoning with related Stage 1 and Stage 2 Development Plans, a vesting tentative map and a development agreement, which applications and the activities described above are collectively referred to as the "Project" and are on file and available for review during normal business hours as PLPA 2011-00003 at the Planning Division, Dublin City Hall, 100 Civic Plaza, Dublin, CA 94568; and WHEREAS, the 226.3-acre Moller Ranch is located on the east side of Tassajara Road at the northerly City limits; the 2.5 acre culvert replacement area is located just west of the Moller Ranch in the Tassajara Road right-of-way. These areas are collectively referred to as the "Project Site"; and WHEREAS, the Project Site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter "Eastern Dublin EIR" or "program EIR") that is available for review in the Planning Division and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin, including the Project Site; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93, incorporated herein by reference), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin, including the Project; and 1 EXHIBIT A TO ATTACHMENT 5 WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA (Resolution 53-93); and WHEREAS, in connection with a prior project on the Moller Ranch site, the City certified the Casamira Valley/Moller Ranch Project Supplemental EIR ("Casamira EIR") pursuant to CEQA section 21166 and CEQA Guidelines sections 15162 and 15163 (SCH # 2005052146) and adopted supplemental mitigation measures, a Mitigation Monitoring Program and Statement of Overriding Considerations for applicable significant unavoidable impacts through Resolution 56-07, dated May 1, 2007 and incorporated herein by reference; and WHEREAS, the City prepared an Initial Study dated August 2012 for the Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a supplement to the Eastern Dublin EIR and Casamira EIR was required in order to analyze substantial changes in circumstances and new information that could result in new or potentially more severe significant impacts than identified in the prior EIRs; and WHEREAS, the City circulated a Notice of Preparation dated August 30, 2012 with the Initial Study to public agencies and interested parties for consultation on the scope of the supplemental EIR. The City also conducted a public scoping meeting on August 8, 2012; and WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City prepared a Draft Supplemental EIR dated September 2012 (SCH No. 2005052146) which reflected the independent judgment of the City as to the potential environmental effects of the Project. The Draft Supplemental EIR confirmed that many aspects of the Project were within the scope of the Eastern Dublin and Casamira projects and that the certified Eastern Dublin and Casamira EIRs adequately described these aspects of the Project for CEQA purposes. The Draft Supplemental EIR was circulated for the required 45 day public review period, from September 13, 2012 to October 29, 2012; and WHEREAS, the City received comment letters from State and local agencies and the applicant during the public review period. The City prepared a Final Supplemental EIR dated November, 2012, containing written responses to all comments received during the public review period, which responses provide the City's good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, after the close of the public review period, the City received a comment letter from Save Mt. Diablo requesting clarifications to the biology mitigation for conservation lands and to the area of grading. The City prepared responses to the comments, which were presented to the Planning Commission together with the other responses in the Final Supplemental EIR, and which are hereby incorporated as part of the Final Supplemental EIR; and WHEREAS, a Staff Report, dated November 27, 2012 and incorporated herein by reference, described and analyzed the Draft and Final Supplemental EIRs and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the Staff Report, the prior EIRs and the Draft and Final Supplemental EIRs at a noticed public hearing on November 27, 2012 at which time all interested parties had the opportunity to be heard. Following the hearing and based on the record before it, the Planning Commission adopted Resolution 12-XX recommending 2 certification of the Supplemental EIR and Resolutions 12-XX recommending approval of the Project general plan and specific plan amendments and PD-rezoning and adopted Resolution 12-XX, conditionally approving the Project vesting tentative map, all of which resolutions are incorporated herein by reference and available for review during normal business hours at the Planning Division in City Hall at 100 Civic Plaza, Dublin, CA 94568; and WHEREAS, a Staff Report dated , 2012 and incorporated herein by reference, described the Draft and Final Supplemental EIRs and the Project for the City Council; and WHEREAS, the City Council reviewed the Staff Report, the prior EIRs and the Draft and Final Supplemental EIRs at a noticed public hearing on , 2012, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Draft and Final Supplemental EIRs (including the Save Mt. Diablo comments and responses) reflect the City's independent judgment and analysis on the potential for environmental impacts and constitute the Supplemental Environmental Impact Report for the Moller Ranch/Moller Creek Culvert Replacement Project; and WHEREAS, the Project would have significant supplemental effects on the environment, most of which can be substantially reduced through supplemental mitigation measures; therefore, approval of the Project must include mitigation findings as set forth in attached Exhibit A; and WHEREAS, the Draft SEIR identified supplemental impact TRA-1-12 as significant; however the identified mitigation measure to remove a crosswalk at a busy intersection is infeasible, as further described in the Staff Report. Therefore, the impact is significant and unavoidable, as further described in attached Exhibit A; and WHEREAS, some of the significant effects cannot be lessened to a level of less than significant; therefore, approval of the Project must include findings regarding alternatives as set forth in attached Exhibit B, and must include a Statement of Overriding Considerations as set forth in attached Exhibit C; and WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is contained in attached Exhibit D; and WHEREAS, the Save Mt. Diablo comment letter dated November 19, 2012 and the City's responses are attached as Exhibit E; and WHEREAS, the Draft and Final Supplemental EIRs are separately bound documents, incorporated herein by reference, and are available for review during normal business hours in the City planning division, file PLPA 2011-00003. The custodian of the documents and other materials which constitute the record of proceedings for the Moller Ranch/Moller Creek Culvert Replacement Project is the Planning Division, City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568, attn: Mike Porto. 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 Dublin City Council certifies the following: 3 A The Supplemental EIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. B. The Supplemental EIR and the Eastern Dublin EIR and Casamira EIR were presented to the City Council who reviewed the considered the information contained therein prior to approving the Project. C. The Supplemental EIR reflects the City's independent judgment and analysis on the potential for environmental effects of the Moller Ranch/Moller Creek Culvert Replacement Project. D. The Supplemental EIR consists of the Draft and Final Supplemental EIR documents and attached Exhibit E, all incorporated herein by reference. BE IT FURTHER RESOLVED that the Dublin City Council adopts the mitigations and mitigation findings set forth in Exhibit A, the Findings regarding Alternatives set forth in Exhibit B, the Statement of Overriding Considerations set forth in Exhibit C, and the Mitigation Monitoring and Reporting Program set forth in Exhibit D, which exhibits A, B, C and D are incorporated herein by reference. PASSED,APPROVED, AND ADOPTED this_day of , 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120111PLPA-2011-00003 Moller Ranch B&LIPC Mtg 11.27.121CC Reso Moller SEIR Rev_11.27.12.doc 4 41111Ilki.. 1fAig I'D. is°7°14141114.41k Save Mount Diablo November 19, 2012 1901 Olympic Blvd.,#320 Walnut Creek,CA 94596 Michael Porto, Project Planner Tel:(925)947-3535 Fax:(925)947-0642 City of Dublin www.SaveMountDiablo.org 100 Civic Plaza Dublin,CA 94568 Board of Directors Malcolm Sproul President Draft Supplemental Environmental Impact Report(Draft SEIR)for Moller Amara Morrison Ranch/Culvert Replacement Project Secretary APN number:985-0001-001 and 985-0001-001-02 Burt Bassler Location: 6861 Tassajara Road, Dublin, California Treasurer Arthur Bonwell Subject: Clarification regarding the amount and location of preserved lands and Emeritus Heath Bartosh the extent of grading Joe Canciamilla Charla Gabert Dear Mr. Porto: John Gallagher Claudia Hein Scott Hein Save Mount Diablo (SMD)is concerned about the environmental impacts of the David Rusted proposed project. We just became aware of the availability of the Draft SEIR Doug Knauer Brian Kruse when the public hearing notice was included in the November 13 City Council Marty Reed agenda. We would appreciate clarification regarding the amount and location of Directors preserved lands and the extent of grading, as described below: Staff Directors (1) The draft SEIR states that 510.27 acres shall be preserved in the conservation Ronald Brown lands for a total of 510.27 acres. The January 17, 2012 staff report states that Executive Director Seth Adams the project would include an offer to dedicate approximately 1,765 acres for a Land Programs Director regional park(spanning both Alameda and Contra Costa counties). Julie Seelen Please clarify this discrepancy regarding how much land will be preserved. Advancement Director Also,please provide a map showing the mitigation sites for the project,as Monica E.Oei we are unable to evaluate whether the mitigation is adequate unless the Finance Director mitigation sites are identified. Founders (2) SEIR Exhibit 3.8 shows the preliminary grading plan. The proposed grading Arthur Bonwell occurs all of the way to the parcel boundary at the Contra Costa County line. Mary L.Bowerman Please clarify whether there will be any grading that extends into adjacent parcels in Contra Costa County. Proud member of Land Trust Alliance California Council of Land Trusts Bay Area Open Space Council We would appreciate receiving clarification regarding these Items and a link to the Final SEIR prior to the hearing on November 27th. Thank you very much. Sincerely, Nathalie Oram Land Conservation Associate November 26, 2012 Draft Response to Save Mt. Diablo Letter Re: Moller Project DSEIR dated November 19, 2012 1) Status of Biological Resource Supplemental Mitigation Measure and potential parkland Response: The 510.27 acres of land identified in Supplemental Mitigation Measure SM-BIO-la-12 is to compensate for disturbance of annual grassland habitat on the Moller Ranch development area. The ratio of compensation land is 3:1. No specific compensatory lands have yet been identified,but will be required to be identified and secured prior to issuance of a grading plan by the City of Dublin, or as required by appropriate biological regulatory agencies if sooner than grading permit issuance. The 1,752 acres referenced in the letter is in regard to potential parkland that was offered by the project applicant. However, such land lies outside of the City of Dublin and the City has no authority over such future parkland. The project applicant said that discussions regarding a potential park are underway with the East Bay Regional Park District staff 2) Location of proposed project grading Response: The City of Dublin staff confirms that no grading for this Moller Ranch project would occur outside of properties lying within City of Dublin jurisdiction.