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HomeMy WebLinkAboutReso 67-14 Wallis Ranch CEQA RESOLUTION NO. 67 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A CEQA ADDENDUM FOR THE WALLIS RANCH PROJECT AND A RELATED STATEMENT OF OVERRIDING CONSIDERATIONS PLPA 2013-00035 WHEREAS, the Applicant, Trumark Homes LLC, has submitted a Planning Application to develop up to 806 dwellings on 88.5 acres of an approximately 184-acre site. The remaining area of the site would include parks, open space and other improvements. The project proposes a Planned Development rezoning with amended Stage 1 and Stage 2 Development Plan, Site Development Review, Master Vesting Tentative Map 7515, and eight Neighborhood Vesting Tentative Maps 7711, 7712, 7713, 7714, 7715, 7716, 8169, and 8170. The applications are collectively referred to herein as the "Project"; and WHEREAS, the Project site contains one residence, several outbuildings, and a historic school building that was moved onto the site. The site is located east of Camp Parks, west of Tassajara Road and south of the Alameda/Contra Costa County boundary. The site is broad in its northern area and narrows considerably towards the south. Tassajara Creek passes along the easterly property boundary and is covered by a conservation easement known as the Tassajara Creek Management Zone. In the northern area, several other smaller properties are located between the site and Tassajara Road; the middle and southern parts of the property are adjacent to the road; and WHEREAS, the 806 dwellings would include 92 units of Low Density Residential, 529 units of Medium Density Residential, and 185 units of Medium High Density Residential. The residential neighborhoods would be located in the westerly, generally flatter areas west of Tassajara Creek, where the property is broadest; and WHEREAS, the non-residential uses include approximately 83.3 acres designated for Open Space, 10.4 acres designated Neighborhood Park, and 1.9 acres designated Semi-Public (for which no specific use is proposed). The non-residential areas are generally located along Tassajara Creek, in the steeper areas along the southwestern border of the site, and in the southerly, narrower areas of the site; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; 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, which resolution is 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 Page 1 of 4 program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein by reference); and WHEREAS, in 2005, a Supplemental EIR ("SEIR", SCH #2003022083) was prepared for the Dublin Ranch West (Wallis Ranch) annexation to identify potentially significant impacts beyond those identified in the 1993 EIR. The SEIR identified additional significant unavoidable impacts for air quality and traffic. The City Council certified the SEIR (Resolution 42-05, dated March 15, 2005 and incorporated herein by reference) and adopted a related Statement of Overriding Considerations; and WHEREAS, in 2007, an 11.6 acre parcel was added to the project to provide room for offsite grading and an emergency vehicle access. The added parcel is north of the Project site, in Contra Costa County and is owned by the Wallis Ranch owners. The City adopted a Mitigated Negative Declaration (MND) for the expansion area through Resolution 18-07 on February 20, 2007, which resolution is incorporated herein by reference. The current Project proposes no change to the adjacent 11.6 acre parcel; and WHEREAS, the Eastern Dublin EIR and 2005 SEIR identified significant unavoidable impacts from development of the Eastern Dublin area and the Project site, some of which would apply to the Project; therefore, approval of the Project must be supported by a Statement of Overriding Considerations; and WHEREAS, 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 April 29, 2014 describing the Wallis Ranch project and finding that the impacts of the proposed Project have been adequately addressed in the prior EIRs and MND. The Addendum and its supporting Initial Study is attached as Exhibit A; and WHEREAS, on April 29, 2014, the Planning Commission held a properly noticed public hearing on the Wallis Ranch project, at which time all interested parties had the opportunity to be heard; and WHEREAS, a staff report dated April 29, 2014 and incorporated herein by reference, described and analyzed the Wallis Ranch project and related Addendum for the Planning Commission and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, on April 29, 2014, the Planning Commission adopted Resolution 14-16 recommending that the City Council adopt the CEQA Addendum for the Wallis Ranch project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a staff report dated May 20, 2014 and incorporated herein by reference described and analyzed the Wallis Ranch project and related Addendum for the City Council and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, on May 20, 2014 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 Page 2 of 4 WHEREAS, the City Council considered the Addendum, as well as the prior EIRs and MND and all above-referenced reports, recommendations, and testimony before taking any action 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 City Council makes the following findings to support the determination that no further environmental review is required under CEQA for the proposed Wallis Ranch project. These findings are based on information contained in the CEQA Addendum, the prior CEQA 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 from the Eastern Dublin EIR and the SEIR continue to apply to the proposed Project and project site as applicable. In addition, all of the MND mitigations continue to apply to the 11.6-acre expansion area. 2. The Addendum and its related Initial Study 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 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 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. Page 3 of 4 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 (and incorporated herein by reference), pursuant to CEQA Guidelines Sections 15162 and 15164 for the Wallis Ranch project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the Statement of Overriding Considerations attached as Exhibit B and incorporated herein by reference PASSED, APPROVED AND ADOPTED this 20th day of May, 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None lefl€A-1 Mayor ATTEST: a2-4.1) City Clerk Reso No.67-14,Adopted 5-20-14, Item 6.2 Page 4 of 4 EXHIBIT A CEQA ADDENDUM FOR THE WALLIS RANCH PROJECT PLPA-2013-00035 April 22, 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. A Supplement was prepared to the Eastern Dublin EIR in 2005 (State Clearinghouse # 2003022082) for an annexation of the property to the City of Dublin and Dublin San Ramon Services District and prezoning of the site. The 2005 Supplemental EIR provided updated analyses of agricultural resources, biology, air quality, land use, population and housing, traffic and circulation, schools, parks and recreation and utilities and services. In certifying the 2005 SEIR and approving the prezoning, the City Council, through Resolution No. 42-05, adopted a Statement of Overriding Considerations for the project and the cumulative air quality impacts. In 2007, the City of Dublin approved a Mitigated Negative Declaration (MND) to analyze improvements within approximately 11.6 acres of land located immediately north of the Wallis Ranch property that was the subject of the 2005 SEIR. This property is under the same ownership as Wallis Ranch, but located in the unincorporated portion of Contra Costa County rather than within Dublin and Alameda County. The applicant proposed placement of an Emergency Vehicle Assess (EVA), a herpetological barrier and a bioswale within this area. The MND was adopted by Dublin City Council Resolution No. 18-07 on February 20, 2007. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the Project, as described below. Project Description The current application includes applications for a Planned Development Rezone with amended Stage 1 and Stage 2 Development Plan, a Site Development Review (SDR) permit, and a Vesting Tentative Subdivision Map to change the number of dwellings units on this 184.1-acre site. The proposed Development Plan includes construction of up to 809 dwellings at various densities and product types rather than up to 935 dwellings allowed under existing City approvals, primary and internal roadways, two neighborhood parks, a private park, permanent open spaces, public and semi-public uses and other related improvements. Prior CEQA Analyses and Determinations As summarized above and discussed in more detail in the attached Initial Study, the Wallis Ranch property has been planned for urbanization since the Eastern Dublin approvals in 1993, 2005 and 2007, and has been the subject of two previously certified EIRs and a Mitigated Negative Declaration (MND). 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. Similarly, the 2005 SEIR identified supplemental impacts and mitigation measures, as well as additional significant unavoidable impacts for which statements of overriding considerations were adopted. All previously adopted mitigation measures for development of Eastern Dublin identified in the Eastern Dublin EIR and the 2005 SEIR 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 proposes minor changes to the Planned Development zoning. If approved, the proposed project would reduce the number of dwellings allowed on the site from up to 935 to up to 809 dwellings. The applicant is also seeking City approval of a Planned Development Rezone with amended Stage 1 and Stage 2 Development Plan, Site Development Review permit, a vesting subdivision map and potentially an amendment to an existing Development Agreement. The City prepared an updated Initial Study dated April 22, 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: Page 2 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 2005 SEIR and 2007 MND. The Project is similar to land uses for the project site analyzed in the 2005 SEIR. As demonstrated in the Initial Study, the proposed land uses on the site is not a substantial change to either the 2005 SEIR analysis or the 2007 MND analysis 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 assumed in the Eastern Dublin EIR, the 2005 SEIR or the 2007 MND. This is documented in the attached Initial Study prepared for this Project dated April 22, 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 CEQA documents. 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 CEQA documents adequately describe the impacts and mitigations associated with the proposed development on portions of the Wallis Ranch 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 April 12, 2014. The Addendum and Initial Study review the proposed the Planned Development rezoning amendment, Site Development Review, Vesting Tentative Subdivision Map and Development Agreement amendment as discussed above. 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, the 2005 SEIR and the 2007 MND adequately address the potential environmental impacts of the Page 3 land use designation change for the Wallis Ranch 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 2005 SEIR, the 2007 MND 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. Page 4 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 Wallis Ranch project. The project proposes a residential development on the west side of Tassajara Road, generally south of the county line. The City prepared a Supplemental EIR in 2005 for the Dublin Ranch West project, which was similar to the current project but with more dwellings. The 2005 Supplemental EIR identified supplemental impacts that could be mitigated to less than significant. The Supplemental EIR also identified supplemental Air Quality and Traffic impacts that could not be mitigated to less than significant. The City Council adopted a Statement of Overriding Considerations with the original land use approvals for urbanization of Eastern Dublin and again with approval of the 2005 and 2007 projects. Pursuant to a 2002 court decision, the City Council must adopt new overriding considerations for the previously identified unavoidable impacts that apply to the Wallis Ranch project.1 The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR and the 2005 Supplemental EIR will be substantially lessened by mitigation measures adopted with the original Eastern Dublin approvals and by the environmental protection measures adopted through the 2005 Dublin Ranch West 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 and the 2005 Supplemental 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, and other considerations that support approval of the project. 2. Unavoidable Significant 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 Wallis Ranch project. 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 Agency 103 Cal.App. 4th 98,_(2002). 1 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. Although development has occurred south of the project area, the site is largely undeveloped open space land. Future development of the Wallis Ranch site will contribute to the cumulative loss of open space land. Traffic and Circulation Impacts 3.3/B, 3.3/E. 1-580 Freeway, Cumulative Freeway Impacts: While city street and interchange impacts can be mitigated through planned improvements, transportation demand management, the 1-580 Smart Corridor program and other similar measures, mainline freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Future development on the Wallis Ranch site will generate less traffic than anticipated in the Eastern Dublin EIR, but will still incrementally contribute to the unavoidable freeway impacts. Traffic and Circulation Impacts 3.3/I, 3.3/M. Santa Rita Road/I-580 Ramps, Cumulative Dublin Boulevard Impacts: The Wallis Ranch project will be required to implement all applicable adopted traffic mitigation measures, including contributions to the City's TIF program; however even with mitigation these impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. 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: Future development of the Wallis Ranch project will contribute to increased energy consumption. Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary Effects: Even with seismic design, future development of the Wallis Ranch project could be subject to damage from large earthquakes, much like the rest of the Eastern Dublin planning area. Air Quality Impacts 3.11/A, B, C, and E. Future development of the Wallis Ranch project will contribute to cumulative dust deposition, construction equipment emissions, mobile and stationary source emissions. 3. Unavoidable Significant Adverse Impacts from the Dublin Ranch West Supplemental EIR. The following unavoidable significant supplemental environmental impacts identified in the 2005 Supplemental EIR for the Dublin . Ranch West project apply to the Wallis Ranch project. Supplemental Impacts AQ-2, AQ-3. Project emission increase that would exceed the BAAQMD significance thresholds for ozone precursors on project and cumulative levels. Even with implementation of the previously adopted mitigation measures and the additional mitigation measures in the Supplemental EIR, project and cumulative precursor emissions will exceed BAAQMD thresholds. 2 Supplemental Impact TRA-2. Impacts to study intersections under Buildout conditions (Dublin Boulevard/Dougherty Road). Even with implementation of the previously adopted mitigation measures, including contribution to intersection improvements through the TIF program, the project will contribute to significant and unavoidable impacts at this intersection under buildout conditions. 4. Overriding Considerations. The City Council previously balanced the benefits of the Eastern Dublin 2005 and 2007 project approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR and 2005 Supplemental EIR. The City Council now balances those unavoidable impacts that apply to future development on the Wallis Ranch site against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the Wallis Ranch project as further set forth below. The project will further the urbanization of Eastern Dublin as planned through the comprehensive framework established in the original Eastern Dublin approvals. Prior approvals provided important protections to Tassajara Creek and through reasonable and protective designations for sensitive creek areas; the Wallis Ranch project will implement these protections through previously adopted mitigation measures and current development standards. The project will provide approximately 806 units of needed housing with diverse densities and building types, as well as maintaining open space and the potential for semi- public uses on the site. Development of the site will also provide construction employment opportunities for Dublin residents. 2266460.1 3