HomeMy WebLinkAboutReso 209-12 Moller Ranch Creek Culvert Rplcmt SEIR Certification RESOLUTION NO. 209-12
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
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
Page 1 of 4
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 12-47 recommending certification of the
Supplemental EIR and Resolutions 12-43 recommending approval of the Project general plan and
specific plan amendments and PD-rezoning and adopted Resolution 12-45, 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
Page 2 of 4
WHEREAS, a Staff Report dated December 18, 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 December 18, 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:
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.
Page 3 of 4
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 18th day of December 2012 by the following vote:
AYES: Councilmembers Biddle, Hart, Haubert, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
6/vvp 4. gW
City Clerk
•
Reso No. 209-12,Adopted 12-18-12, Item 6.1 Page 4 of 4