HomeMy WebLinkAboutReso 146-14 Tassajara Highlands CEQA RESOLUTION NO. 146 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTING A CEQA ADDENDUM AND A RELATED STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE TASSAJARA HIGHLANDS (FREDRICHNARGAS) PROJECT
PLPA 2013-00035
WHEREAS, the Applicant, Tim Lewis Communities and STL Company LLC, proposes to
create a development of 48 single-family detached homes on an 11.11 acre site known as the
Frederick and Vargas properties. The proposed development and applications are collectively
known as the "Project"; and
WHEREAS, the application includes a General Plan/Eastern Dublin Specific Plan
Amendment to change the land use designations from: Medium-High Density Residential and
Neighborhood Commercial and combining the existing Medium Density Residential to a
combination of Medium Density Residential (6.16 acres) and Open Space (3.06 acres) and 1.89
acres of associated road right-of-way; and
WHEREAS, the application also includes Planned Development rezoning with a related
Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative
Subdivision Map 8133; and
WHEREAS, the Project also includes a CEQA Addendum; and
WHEREAS, the Project Site consists of two existing parcels, the approximately 7.93
gross acre Fredrich property located at 6960 Tassajara Road and the approximately 5 gross
acre Vargas property at 7020 Tassajara Road (APNs 986-0004-002-01 and 986-0004-002-03);
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
program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein
by reference); and
WHEREAS, based on Medium Density Residential and Neighborhood Commercial land
use designations for the Fredrich property, the Eastern Dublin EIR assumed future development
of up to 66 dwellings and 92,000 sf of commercial use. On May 16, 2006, the City Council
approved Resolution 71-06 (incorporated herein by reference) for a supplemental Mitigated
Negative Declaration (MND) for the Mission Peak/Fallon Crossing project, which also included
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annexation of the Fredrich property but no proposed development or change in land use on the
site; and
WHEREAS, based on Medium Density and Medium High Density Residential land use
designations for the Vargas property, the Eastern Dublin EIR assumed future development of
up to 55 dwellings. On May 1, 2007, the City Council approved Resolution 57-07 (incorporated
herein by reference) for a supplemental MND for the Vargas project consisting of 33 dwellings;
and
WHEREAS, the Eastern Dublin EIR 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 July 22, 2014 describing the project and
finding that the impacts of the proposed Project have been adequately addressed in the prior
EIR and MNDs. The Addendum and its supporting Initial Study is attached as Exhibit A; and
WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public
hearing on the Project, at which time all interested parties had the opportunity to be heard; and
WHEREAS, a staff report, dated July 22, 2014 and incorporated herein by reference,
described and analyzed the Project and related Addendum for the Planning Commission and
recommended adoption of the CEQA Addendum and approval of the Project; and
WHEREAS, on July 22, 2014, the Planning Commission adopted Resolution 14-37
(incorporated herein by reference) recommending that the City Council adopt the CEQA
Addendum for the Project; and
WHEREAS, on August 19, 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
WHEREAS, a staff report dated August 19, 2014, and incorporated herein by reference
described and analyzed the project and related Addendum for the City Council and
recommended adoption of the CEQA Addendum and approval of the Project; and
WHEREAS, on August 19, 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
WHEREAS, the City Council considered the Addendum, as well as the prior EIR and
MNDs 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
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proposed 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 prior MNDs continue
to apply to the proposed Project and project site as applicable.
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.
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 Tassajara
Highlands (FredrichNargas) 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.
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PASSED, APPROVED AND ADOPTED this 19th, day of August, 2014, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
(c)tyd/
City Clerk
{
Reso No. 146-14,Adopted 8-19-14, Item 6.1
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CEQA ADDENDUM FOR THE TASSAJARA HIGHLANDS PROJECT
PLPA-2012-00051
July 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.
In 2006,a Mitigated Negative Declaration was prepared for the Mission Peak and Fallon
Crossing project,which also included the 8.58-acre Fredrich property in the analysis.In
this Addendum,this document will be referred to as the Fredrich Project Mitigated
Negative Declaration(MND).The MND was approved by the City Council on May 16,
2006 by Resolution No.71-06 and addressed all topics included in the standard CEQA
checklist.The MND analyzed the impacts of prezoning,annexing and developing up to
103 single-family dwellings on the 67.8-acre Mission Peak property on the east side of
Tassajara Road south of Moller Creek.The MND did not assume any development on the
Fredrich property as part of the analysis; however,the Eastern Dublin Specific Plan and
EIR assumed the ultimate development of 68 dwellings on the Fredrich site(EDSP,
Appendix 4).
In 2007,the Dublin City Council adopted Resolution No.57-07 that approved a
Mitigated Negative Declaration for the 5-acre(gross) site Vargas property.In this Initial
Study,this CEQA document will be called the Vargas MND.The Vargas MND analyzed
the environmental impacts of amending the Dublin General Plan and Eastern Dublin
Specific Plan at a less intense land use density than the 55 units assumed in the Eastern
Dublin EIR,approving a Stage 1 Development Plan and prezoning for the property,
approving a pre-annexation agreement and requesting annexation to the site to the City of
Dublin.The project included development of 33 single-family dwellings on the site and
analyzed all environmental topics included in the standard CEQA checklist.The State
Clearinghouse Number for this CEQA document is#2007032020.
This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the
Project,as described below.
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Project Description
The proposed project includes demolishing the two existing single-family dwellings on
the site and other accessory buildings,subdividing the site into up to 54 single-family
lots,two internal small private open space areas,and a large open space area including a
public pathway on the western and southern sides of the site, grading of the site,
extension of utilities and constructing one dwelling on each of the lots.
The applicant has requested approvals of the following in order to implement the project:
amendments to the Dublin General Plan and Eastern Dublin Specific Plan,a PD rezoning
with related Stage 1 and Stage 2 Development Plan,a Site Development Review(SDR)
Permit and a Vesting Tentative Map.
Prior CEQA Analyses and Determinations
As summarized above and discussed in more detail in the attached Initial Study,the Tassajara
Highlands property has been planned for urbanization since the Eastern Dublin approvals in
1993,and has been the subject of two previously adopted Mitigated Negative Declarations
(MNDs). The Tassajara Highlands property consists of merging the adjacent Fredrich and
Vargas properties into a single property for purposes of development.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,Mitigated Negative Declarations for the Fredrich
property in 2006 and the Vargas property in 2007 identified supplemental impacts and
mitigation measures.All previously adopted mitigation measures for development of Eastern
Dublin identified in the Eastern Dublin EIR,the 2006 Fredrich property MND and the 2007
Vargas property MND 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 land use designations and
Planned Development zoning. If approved,the proposed project would reduce the number of
potential dwellings on the site from up to 101 to up to 54 dwellings.
The applicant is also seeking City approval of amendments to the General Plan and Eastern
Dublin Specific Plan,a Planned Development rezoning with related Stage 1 and 2 Development
{
Plan,Site Development Review approval and a Vesting Tentative Map.
The City prepared an updated Initial Study dated July 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.
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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 2006 MND.and 2007 MND.The Project is
similar to land uses for the project site analyzed in all previous CEQA documents and
the number of dwellings has been reduced.As demonstrated in the Initial Study,the
proposed land uses on the site is not a substantial change to either the 1993 Eastern
Dublin EIR analysis or the 2006 MND 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 2006 MND or the 2007 MND.This is documented
in the attached Initial Study prepared for this Project dated July 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 the Fredrich and Vargas properties.
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 July 22,2014.The Addendum and Initial Study review the
proposed General Plan and Eastern Dublin Specific Plan amendments,the Planned
Development rezoning,Site Development Review,and Vesting Tentative Subdivision Map 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
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negative declaration under CEQA Section 21166 or CEQA Guidelines Sections 15162 and
15163.The City further determines that the Eastern Dublin EIR,the 2006 MND and the 2007
MND adequately address the potential environmental impacts of the land use designation
change for the Fredrich and Vargas properties 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 2006 MND,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.
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