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HomeMy WebLinkAbout8.2 Attch 6-Reso rec CC Adopt Reso Sub 3 Addendum RESOLUTION NO. 14-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ADOPTING A CEQA ADDENDUM FOR THE DUBLIN RANCH SUBAREA 3 PROJECT PLPA 2013-00033 WHEREAS, the Applicant, Kevin Fryer, has submitted a Planning Application for residential development on Dublin Ranch Subarea 3 (Subarea 3) which would result in future development of up to 437 single family residences on an approximately 64 acre site. The project proposes General Plan and Eastern Dublin Specific Plan amendments to reallocate existing High Density Residential and Medium Density Residential land uses, to reduce and change Open Space land uses to Rural Residential/Agriculture and to increase the Stream Corridor designation. The application also proposes a Planned Development rezoning with related Stage 1 Development Plan. The applications are collectively referred to herein as the "Project"; 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 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, the Project is located in Dublin Ranch Area B. On November 18, 1997, the City Council adopted a Negative Declaration (ND) for the Area B-E project (Resolution 140-97, incorporated herein by reference). The ND concluded that the potentially significant impacts of developing Areas B-E had been adequately described and analyzed in the Eastern Dublin EIR and that no new or more severe significant impacts would result from future development in Areas B-E; 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 Subarea 3 Project, the City prepared an Initial Study to determine if additional review of the proposed Project was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared an Addendum dated January 2014 describing the Subarea 3 Project and finding that the impacts of the proposed Project were adequately addressed in the prior EIR and ND; and WHEREAS, on January 28, 2014, the Planning Commission held a properly noticed public hearing on the Subarea 3 project, at which time all interested parties had the opportunity to be heard; and Page 1 of 3 Attachment 6 WHEREAS, a staff report dated January 28, 2014 and incorporated herein by reference described and analyzed the Subarea 3 project, including the related Addendum, for the Planning Commission and recommended adoption of the CEQA Addendum and approval of the Project; 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 making any recommendation 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, 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 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 Eastern Dublin and Areas B-E 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 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. 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. 2 of 3 3. The City Council adopt the resolution attached as Exhibit A (incorporated herein by reference) adopting the CEQA Addendum and related Initial Study (Attachment 1 to Exhibit A) pursuant to CEQA Guidelines Sections 15162 and 15164 for the Project and make any further required CEQA findings. PASSED, APPROVED AND ADOPTED this 28th day of January 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPA#120131PLPA-2013-00033 DUBLIN RANCH Subarea 31PC Mtg 01.28.14wc reso_recom_addendum.doc 3 of 3 CEQA ADDENDUM FOR THE DUBLIN RANCH SUBAREA 3 PROJECT PLPA-2013-00033 JANUARY 28, 2014 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 Specific Plan ("Eastern Dublin EIR, SCH#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 Specific 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. Since certification of the EIR, many implementing projects have been proposed, relying to various degrees on the certified EIR. In 1997, a Negative Declaration was prepared for a General Plan Amendment, Specific Plan Amendment and Planned Development rezoning for approximately 453 acres of land, identified as Dublin Ranch Areas B-E and including Subarea 3 of Area B. The ND was approved by the City Council on November 18, 1997 by Resolution No. 140-97. The 1997 General Plan and Specific Plan amendments did not affect Subarea 3; the PD rezoning supplemented the prior prezoning and adopted a District Planned Development Plan and Land Use and Development Plan, in accordance with then-existing PD requirements (Resolution 141-97). The PD rezoning also included permitted uses, development standards and design guidelines applicable to Areas B-E, including Subarea 3. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the project, as described below. Project Location and Description The project is located in the southeastern portion of the Eastern Extended Planning area of the City of Dublin as identified in the Dublin General Plan. More specifically, the project site is located south of Central Parkway, west of Fallon Road and north of Dublin Boulevard. Lockhart Street forms the western boundary of the site. The Alameda County Assessor's Parcel Number for the site is 985-0027-12. The current application includes construction of up to 437 Medium and Medium-High Density dwellings on the site, reserving 14.5 acres of the site for Rural Residential/Agriculture, a 2.0-acre stream corridor and a 2.0-acre Neighborhood Park on the site. The project would include grading of the site, extension of utilities and related improvements. Requested land use approvals include amendments to the Dublin General Plan and Eastern Dublin Specific Plan, a Planned Development rezoning and related improvements. Prior CEQA Analyses and Determinations As summarized above and discussed in more detail in the attached Initial Study, Subarea 3 of the Dublin Ranch property has been planned for urbanization since the Eastern Dublin approvals in 1993 and has been the subject of one subsequent Negative Declaration adopted in 1997. The Eastern Dublin EIR identified numerous environmental impacts, and numerous mitigations were adopted upon approval of the Eastern Dublin General Plan Amendment and Specific Plan. For identified impacts that could not be mitigated to insignificance, the City Council adopted a Statement of Overriding Considerations. No additional mitigation measures were included in the 1997 Negative Declaration. All previously adopted mitigation measures for development of Eastern Dublin identified in the Eastern Dublin EIR,that are applicable to the project and project site continue to apply to the currently proposed project as further discussed in the attached Initial Study. 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 proposed a minor amendment to the approved General Plan, Eastern Dublin Specific Plan and Planned Development zoning. If approved, the proposed project would change land uses on the project site as identified above. The City prepared an updated Initial Study dated January 28, 2014, incorporated herein by reference,to assess whether any further environmental review is required for this Project Through this Initial Study, the City has determined that no subsequent EIR or Negative Declaration is required for the plan and zoning amendments or the refined development details. No Subsequent Review is Required per CEQA Guidelines Section 15162. CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions,the City has determined that no subsequent EIR or negative declaration is required for this project. This is based on the following analysis: a) Are there substantial changes to the Project involving new or more severe significant impacts? There are no substantial changes to the Project analyzed in the Eastern Dublin EIR, as supplemented by the 1997 Negative Declaration. The project is similar to land uses for the project site analyzed in the 1997 Negative Declaration. As demonstrated in the Initial Study,the proposed land uses for the site is similar to previously approved land used on the site and will not result in additional significant impacts, and no additional or different mitigation measures are required. b) Are there substantial changes in the conditions which the Project is undertaken involving new or more severe significant impacts? There are no substantial changes in the conditions Page 2 assumed in the Eastern Dublin EIR or the 1997 Negative Declaration. This is documented in the attached Initial Study prepared for this Project dated January 28, 2014. c) Is there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR that shows the Project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or,previously infeasible mitigation measures are now feasible but the applicant declined to adopt them; or mitigation measures considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them? 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 EIRs. Similarly, the Initial Study 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 EIRs adequately describe the impacts and mitigations associated with the proposed development on portions of the Subarea 3 property. d) If no subsequent EIR-level review is required, should a subsequent negative declaration be prepared?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 previous CEQA documents for the site, as documented in the attached Initial Study. Conclusion. This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based on the attached Initial Study dated January 28, 2014. The Addendum and Initial Study review the proposed General Plan and Eastern Dublin Specific Plan Amendments and the Planned Development rezoning amendment. Through the adoption of this Addendum and related Initial Study, 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 Sections 15162 and 15163. The City further determines that the Eastern Dublin EIR and the 1997 Negative Declaration adequately address the potential environmental impacts of the land use designation change for the project site as documented in the attached Initial Study. As provided in Section 15164 of the Guidelines, the Addendum need not be circulated for public review, but shall be considered with the prior environmental documents before making a decision on this project. The Initial Study, Eastern Dublin EIR, the 1997 Negative Declaration and all resolutions cited above are incorporated herein by reference and are available for public review during normal business hours in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin CA. 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