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HomeMy WebLinkAbout8.2 Att 6 Exh A CC Reso Adopt Mit Neg Dec RESOLUTION NO. XX-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE JORDAN RANCH/SUBAREA 3/WALLIS RANCH PROJECT WHEREAS, the Applicants, Mission Valley Properties, Trumark Homes and Lennar Homes propose revisions to prior approvals on the Jordan Ranch, Wallis Ranch and Dublin Ranch Subarea 3 sites, respectively. The proposed revisions include General Plan and Eastern Dublin Specific Plan amendments, Planned Development rezonings with amended Stage 1 Development Plans for portions of the Jordan Ranch (re-designating 3.7 acres of an existing Community Park site to Public/Semi-Public for future development of a school and changing an existing Mixed Use land use on 4.6 acres to Medium Density Residential); Subarea 3 (re- designating 10.4 acres from Rural Residential/Agricultural to Park/Public Recreation); and the Wallis Ranch (re-designating a 1.9 gross acre site in the south portion of the property from Semi-Public to Park/Public Recreation) properties in the Eastern Dublin Planning area. The Applicants for Jordan Ranch have also submitted recent applications for Planned Development rezoning with related Stage 2 Development Plan, Site Development Review, vesting tentative maps and a Development Agreement amendment for Parcel H and Neighborhood 7, as follows: Parcel H is the 4.6 acre Mixed Use site proposed for redesignation to Medium Density Residential and is also proposed for development of 45 dwelling units; Neighborhood 7 is a 9.2 acre site proposed for development of 105 dwelling units. The proposed revisions, development and related applications collectively comprise the "Project"; and WHEREAS, the Project sites are located as follows: Jordan Ranch: East of Fallon Road, north and south of Central Parkway; Subarea 3: South of Central Parkway, north of Dublin Boulevard; Wallis Ranch: West of Tassajara Road, south of City limit line and east of Camp Parks RFTA; and WHEREAS, the Project sites are located in Eastern Dublin, for which the City Council adopted the Eastern Dublin General Plan Amendment and Specific Plan, and certified a program Environmental Impact Report (hereafter Eastern Dublin EIR) pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15168 (SCH 91103064; City Council Resolution No. 51-93). The Jordan Ranch site was further analyzed in two supplemental EIRs and two CEQA addenda, most recently in 2012. Subarea 3 was further included in a 1997 Negative Declaration and was specifically addressed in a 2014 addendum. Development on Wallis Ranch was further analyzed in a supplemental EIR, a Mitigated Negative Declaration, and most recently in a 2014 addendum. These various documents identified many mitigation measures, all of which continue to apply to the Project, as appropriate. The Eastern Dublin EIR, as well as the supplemental EIRs identified significant unavoidable impacts for which the City adopted statements of overriding considerations; and WHEREAS, the City prepared an Initial Study dated August 2015 for the proposed land use changes and Planned Development rezoning with related Stage 1 Development Plan consistent with CEQA section 21166 and CEQA Guidelines sections 15162 and 15163. While most of the land use changes and Stage 1 Development Plan impacts were addressed in prior 1 EXHIBIT A TO ATTACHMENT 6 CEQA reviews, the Initial Study concluded that additional mitigation was required to avoid potentially significant traffic and transportation impacts beyond those identified in the prior EIRs and other CEQA documents. The additional impacts and mitigations related to the potential for future development of a school on 3.7 acres south of Central Parkway. The school district has not developed or proposed specific site pians for the future school; however, the Applicant prepared a traffic study based on available detail including the identified location and an anticipated 950-student enrollment; and WHEREAS, based on the Initial Study, the City prepared a draft Mitigated Negative Declaration (MND) dated August 4, 2015 which identified mitigations for the future school that were developed by the school district and Jordan Ranch Applicant that would avoid the identified additional impacts where clearly no additional significant effects would occur. The draft MND reflected the City's independent judgment and analysis of the potential additional environmental impacts of the Project, including conceptual future development of a school. The MND and supporting Initial Study were circulated for public review from August 7, 2015 through September 8, 2015 and are attached as Exhibit A; and WHEREAS, the City received several public and agency comments on the MND during the public review period (as well as some late comments). Given the public interest in the project, the City prepared written responses to the public comments that raised environmental issues, although CEQA does not require such responses for an MND. The public comments and written responses are attached as Exhibit B; and WHEREAS, after the MND was released for public review, the Jordan Ranch applicants submitted additional applications requesting development project approvals for two sites: Parcel H and Neighborhood 7. Staff carefully reviewed the additional applications to determine if they required the MND to be recirculated for public review under CEQA Guidelines section 15073.5. Staff determined that the MND did not need to be recirculated for public review. This is because one of the sites, Parcel H, had been analyzed in 2012 for potential mixed use development of up to 105 dwellings and 5,000 square feet of retail commercial. The current project proposes potential Medium Density Residential development at 45 rather than 105 dwellings and without the retail commercial uses, a substantial reduction from the prior analyzed development. Further, the potential 45 units were assumed in the MND through the Stage 1 Development Plan zoning. The additional applications identified project lotting patterns, internal circulation, architecture and landscaping; however, these additional features do not raise new or affect previously identified significant impacts, mitigation measures, or the findings of the MND. The other site, Neighborhood 7, had also been analyzed in 2012 for potential residential development of up to 100 units under a dual residential/school land use designation allowing future development of either school or residential uses. The additional application now proposes 105 units. Staff determined that the additional 5 lots in Neighborhood 7 would not add a new significant impact or require additional mitigation beyond those identified in the MND and prior CEQA reviews and would not otherwise trigger the recirculation standards under CEQA Guidelines section 15073.5; and WHEREAS, to document the determination that the additional development applications on Parcel H and Neighborhood 7 did not trigger recirculation of the MND, staff prepared an appendix to the MND which is attached as Exhibit C. As documented in the MND and appendix for the currently proposed approvals, other than the impacts identified in the MND, the Project proposals in the additional applications will not result in new, avoidable significant impacts requiring additional mitigation measures beyond those previously adopted and those identified 2 in the MND. Further, all previously adopted mitigation measures continue to apply to the development sites unless otherwise specified in the MND. The prior environmental reviews are identified in the MND and are available for review at City Hall during normal business hours; and WHEREAS, the prior EIRs identified significant unavoidable impacts that could apply to the Project; therefore, approval of the Project must be supported by a Statement of Overriding Considerations; and WHEREAS, a staff report, dated September 22, 2015 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration (including appendix and comments and responses to comments) and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration (including appendix, comments and responses to comments) at a noticed public hearing on September 22, 2015 at which time all interested parties had the opportunity to be heard; and WHEREAS, following the public hearing, the Planning Commission, adopted Resolution recommending that the City Council adopt the above-referenced Mitigated Negative Declaration; and WHEREAS, a staff report, dated , 2015 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration (including appendix, comments and responses to comments), the Project, and the Planning Commission recommendations for the City Council; and WHEREAS, the City Council reviewed the staff report, the Mitigated Negative Declaration (including appendix, comments and responses to comments), and the Planning Commission recommendations at a noticed public hearing on , 2015 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Mitigated Negative Declaration includes the above referenced comments and responses to comments, appendix and consists of attached Exhibits A, B and C, and reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project. The Mitigated Negative Declaration (including Exhibits A, B and C) and related project and environmental documents, including the prior Eastern Dublin EIR and all of the prior environmental documents referenced in the Mitigated Negative Declaration are incorporated herein by reference, and are available for review in the City Planning Division at the Dublin City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the Project is the 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 City Council hereby finds as follows: 1. The Mitigated Negative Declaration together with the previously certified EIRs and other referenced prior CEQA documents adequately describe the impacts of the Project. 3 2. There is no substantial evidence in light of the whole record before the City (including the initial study and comments received) that the Project, as mitigated, will have a significant effect on the environment beyond those identified in the MND and prior CEQA documents. 3. The Mitigated Negative Declaration reflects the City's independent judgment and analysis as to the potential environmental effects of the Project. BE IT FURTHER RESOLVED THAT the Dublin City Council has reviewed and considered the Mitigated Negative Declaration prior to taking action on the Project applications. BE IT FURTHER RESOLVED that the City Council hereby adopts the Mitigated Negative Declaration consisting of attached Exhibits A, B and C, and adopts the Mitigation Monitoring and Reporting Program attached as Exhibit D, and adopts the Statement of Overriding Considerations attached as Exhibit E. PASSED, APPROVED AND ADOPTED this day of , 2015. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2523513.2 4