HomeMy WebLinkAboutReso 054-95 EnvironImpactHansen RESOLUTION NO. 54 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
(HANSEN RANCH PHASE II PA 95-007)
WHEREAS, California Pacific Homes, Inc. C'CPH") owns and plans to develop approximately
147 acres of land commonly known as Hansen Hill Ranch located in the City of Dublin (the "Project
Site") with 180 single-family homes. Land use applications for the Hansen Hill Ranch project were
originally approved in February of 1989 as follows:
Resolution 019-89 for PA 87-045 making CEQA findings, certifying a final environmental
impact report and adopting a statement of overriding considerations.
B. Resolution 020-89 adopting a Mitigation Monitoring Program ("MMP#1") for the project.
C,
Resolution 021-89 adopting general plan amendments to allow low density single family
residential (0.5-3.8) units per acre) development on the Project Site; and
WItEREAS, in November of 1989, the City adopted a mitigated negative declaration, a
Mitigation Monitoring Program under Resolution No. 128-89 CMMP#2'') and approved a prezoning of
the Project Site to a Planned Development district under Resolution No. 129-89 and a tentative
subdivision map for 180 single family residential lots on the Project Site under Resolution No. 130-89
pursuant to the approved general plan amendment; and
WHEREAS, CPH plans to develop Hansen Hill Ranch in two phases of 72 and 108 residential
lots, respectively, CPH has requested a general plan amendment, a planned development rezoning and a
tentative subdivision map that would reconfigure the residential lots within Phase II but would not
increase the total number of lots in the project. Under this request as originally filed, sixteen residential
lots would be relocated to an area previously designated as open space although virtually all of the area
would have been graded for an access road under the previous approval. The application has been
modified to reduce the number of residential lots to be relocated from sixteen to six lots. The current
request for Phase II (PA 95-007, as modified) proposes to redesignate approximately 0.95 acres of the
Project Site from open space to low density single family residential to allow six homesites in the open
space/riparian area, and make other adjustments on the land use map, for an overall increase in open
space land of 0.32 acres; and
WHEREAS, CPH has requested the following approvals from the City for Phase II:
General Plan Amendment to redesignate approximately 0.95 acres from Open
Space/Stream Corridor to Low Density Single Family Residential (0.5-3.8 DU/acre) land
uses in the riparian corridor area, and approximately 1.27 acres from Low Density Single
Family Residential to Open Space/Stream Corridor land uses in other areas of the site, for
an overall net increase in open space land of 0.32 acres;
B,
Planned Development Rezoning to change the designated zoning on the Project Site from
PD Open Space to PD Single Family Homes in the riparian corridor area, and from PD
Single Family Homes to PD Open Space in other areas of the site, and to revise various
PD General Provisions and the configuration of the residential lots within Phase II of the
project. The PD Rezoning reduces the average lot size from 7700 square feet to 7560
square feet;
C,
Tentative subdivision map amendment that reflects the reconfiguration of the residential
lots within Phase II as described above; and
WHEREAS, the City prepared an Initial Study to determine the appropriate type and level of
environmental review for the proposed amendments. The Initial Study, dated March 16, 1995, indicated
that the environmental impact report certified in February of 1989 for the Hansen Hill Ranch project and
the mitigated negative declaration adopted for the project in 1989 (collectively, the "1989 EIR"), and the
accompanying statement of overriding considerations and Mitigation Monitoring Program, adequately
describe the general environmental setting, the significant environmental effects, and the altematives and
mitigation measures related to each significant effect. The grounds for this determination were based on
the fact that the current application proposes development in an area that was also proposed for
development in the original 1989 project description, although the project ultimately was not approved as
proposed. The modification of the application to relocate fewer lots into the open space area does not
implicate any environmental issues not addressed in the Initial Study; and
WHEREAS, based upon the FEIR and the entire record before this City Council, this City
Council finds that the changes and modifications made to the 1989 EIR after it was circulated for public
review and comment for the Phase II Approvals do not collectively or individually constitute: (i) changes:
to the proposed project that would require major revisions to the 1989 EIRdue to the involvement of
new significant environmental impacts or a substantial increase in the severity of previously identified
significant impact; (ii) substantial changes with respect to the circumstances under which the project is
undertaken which would require maj or revisions of the 1989 EIR; or (iii) significant new information.
Therefore, the changes and modifications do not require the preparation of a Subsequent or Supplemental
ElR under CEQA.
WHEREAS, pursuant to CEQA Guidelines section 15153, the City prepared a "Notice of Use of
EIK From Earlier Project" commencing a 30-day public review and comment period from March 17,
1995 to April 15, 1995. The 1989 EIK was available for review and comment by concemed citizens and
public agencies during this period. Only one comment letter was received during the comment period,
however it did not address the issue of using the previous EIR for the current project; and
WHEREAS, on April 17, 1995, the Planning Commission held a noticed study session to receive
oral testimony regarding the use of the 1989 EIR for the current project and held a public hearing on May
1, 1995 to consider the proposed amendments; and
WHEREAS, the City received two written comments on use of the EIR after the dose of the
comment period, one from the Dublin Unified School District and one from the Department of Fish and
Game; although the letters were received after the public comment period, responses were included in the
May 1, 1995 Planning Commission staff report; and
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WHEREAS, at its May 1, 1995 public hearing, the Planning Commission recommended denial of
the proposed amendments to the City Council for review at a noticed public hearing of the Council to be
held on May 8, 1995; and
WHEREAS, the Council held a public hearing on May 8, 1995, which was continued to May 22,
1995, and June 13, 1995; and
WHEREAS, the 1989 EIR together with the March 16, 1995 Initial Study constitute the Final
EIR for the current project amendments (PA 95-007, as modified).
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council finds as follows:
The March 16, 1995 Initial Study, the.1989 EIR and the "Notice of Use of EIR from
Ea~ier Project" all reflect the independent judgment of the City Council.
B,
All of the impacts and mkigation measures identified in the 1989 EIR, as well as related
findings and mitigation monitoring programs (MMP#1 and MMP #2) continue in effect
except for the Vegetation and Wildlife mitigations in the EIR calling for: 1) Preservation
of oak/bay woodlands in neighborhoods 5 and 9; and 2) elimination of residential lots in
the open space/riparian area. These include, but are not limited to, eliminating grading in
areas of the site identified in the 1989 EIR project description, mitigation measures
requiring a detailed revegetation plan for disturbed areas and requiring compliance with
California Department of Fish & Game requirements.
C,
The mitigation in the EIR calling for: 1) Preservation of oak/bay woodlands in
neighborhoods 5 and 9; and 2) elimination of residential lots in the open space/riparian
area is infeasible because of the following specific economic, social or other
considerations:
Since the approval of the Hansen Hill Ranch project in 1989 various geologic hazards
have been identified, including an earthquake fault in the western portion of the site and
additional landslides, which have required the reconfiguration of the individual lots. In
order for the project to be economically feasible, it is necessary to retain as many of the
lots approved in 1989 as possible. In addition to the earthquake fault and landslides, other
natural features of the site, including oak bay woodlands, riparian corridor, steep slopes,
and open ridgelines, constrain development of the remainder of the site and make it
infeasible to relocate lots to any area which is not environmentally sensitive. The
relocation of six lots to the open space/stream corridor area, will allow up to 180 units
while protecting the riparian corridor to the extent practicable.
Vegetation and wildlife impacts relating to the oak bay woodland and riparian habitat In
the relocation area have been mitigated to the extent feasible, but still cannot be avoided.
These effects are nevertheless acceptable due to the following overriding considerations.
1. Provisions of Housing.
The Hansen Hill Ranch project will provide housing opportunities in the City and in a
region where housing is costly and in short supply. The project will facilitate the City' s
ability to contribute its fair share of regional housing opportunities.
2. Provisions of Increased City Revenues.
The Hansen Hill Ranch Project will provide economic benefits for the community in terms
of increased property and sales tax revenues.
3. Open Space and Visual Impacts.
The project designates substantial areas of land for open space and low intensity
residential uses. The project as amended would result in a net increase of 0.32 acres of
open space land on the project site. This open space will conserve the ecological values of
the site and surrounding areas and provide recreational and open space amenities for
residents of the project, the City and the region. The proposed amendments provide that
an approximately 16 acre area in the southwest portion of the Project Site with two
existing knolls will remain natural and ungraded. Under the Prior Approvals, the saddle
between the knolls would have been filled, creating a manufactured hill that would have
been highly visible throughout the community. The adverse visual impacts of the project
are therefore decreased by the proposed amendments.
NOW, THEREFORE, BE IT FLIRTHER RE~OLVED THAT the Dublin City Council certifies
the Final EIR for the proposed amendments (PA 95-007), as modified) as having been completed in
compliance with CEQA, and adopts the findings and statement of overriding considerations outlined
herein.
PASSED, APPROVED AND ADOPTED this 13th day of June, 1995.
AYES:
Councilmembers Barnes, Burton, Howard and Mayor Houston
NOES:
Councilmember Moffatt
ABSENT: None
Mayor
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