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HomeMy WebLinkAboutAttachment 5 CC Reso 51-93 --.... .. RESOLUTION NO. 5-1---93c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION ADOPTING THE EASTERN DUBLIN GENERAL PLAN AMENDMENT AND EASTERN DUBLIN SPECIFIC PLAN; MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTING A STATEHENT OF OVERRIDING CONSIDERATIONS FOR THE EASTERN DUBLIN GENERAL PLAN AMENDHENT AND SPECIFIC PLAN; AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE EASTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN Recitals 1. In response to a proposal for residential development of the Dublin Ranch property, the city of Dublin undertook the Eastern Dublin study to plan for the future development of the eastern Dublin area. 2. The city Council and Planning Commission conducted three joint public study sessions and three workshops relating to planning issues in eastern Dublin. a. The April 18, 1990, study session considered a land use concept report containing four land use scenarios and the consistency of each land use concept with existing general plan pOlicies. Alternative #4 was considered the preferred land use concept for environmental study by informal consensus. b. The August 22, 1990, study session considered Alternative #4 and a fifth concept (based on the 1986 annexation agreement with Alameda County). The "Town Center" concept, types of streets, location and types of parks were discussed. c. The November 15, 1990, workshop solicited comments from the public regarding the existing and desired life style qualities in Dublin and what the public wanted to see in a new community. d. The December 6, 1990, workshop continued with a similar discussion of desired types of commercial development and discussed circulation systems and parks and open space. e. The December 18, 1990, workshop presented a preliminary conceptual land use plan. Input was received on the transit spine, location of civic center, types of residential uses, location of commercial uses, the concentration of high density residential uses, and jobs/housing balance. 1 ATTACHMENT 6' f. The February 14, 1991, study session considered a land use plan that incorporated comments made at the three workshops and included a discussion of major issues, such as the location of a high school, connection to existing DUblin, size of streets and types of parks. 3. With the identification of a preferred alternative on February 14, 1991, the City prepared a Draft General Plan Amendment for approximately 6,920 acres to plan for future development of a mixed use community of single- and multiple-family residences, commercial uses (general commercial, neighborhood commercial, campus office and industrial park), public and semi-public facilities (including schools), parks and open space. Draft General Plan Amendment 4. The Draft General Plan Amendment, dated May 27, 1992, designates the proposed general distribution and general location and extent of the uses of Eastern Dublin for residential, commercial, industrial, public, open space and parks, and other categories of public and private uses of land. 5. The Draft General Plan Amendment includes a statement of standards of population density and standards of building intensity for Eastern Dublin. 6. Pursuant to the provisions of state Planning and Zoning Law, it is the function and duty of the Planning Commission of the City of Dublin to review and recommend action on proposed amendments to the City's General Plan. 7. The Planning commission held a duly noticed public hearing on the Eastern Dublin Draft General Plan Amendment on October 1, 1992, which hearing was continued to October 6, 1992, October 12, 1992, and October 15, 1992. 8. Based on comments received during the pUblic hearing, related text revisions, dated December 21, 1992, were made to the Draft General Plan Amendment and were reviewed by the Planning Commission on December 21, 1992. 9. The Draft General Plan Amendment was reviewed by the Planning Commission in accordance with the provisions of the California Environmental Quality Act through the preparation and review of an Environmental Impact Report. On December 21, 1992, by Resolution No. 92-060, the Planning commission recommended certification of the Final Environmental Impact Report. 10. On December 21, 1992, the Planning Commission, after considering all written and oral testimony submitted at the public hearing, adopted of Resolution No. 92-061, recommending City 2 ~ Council adoption of the Draft General Plan Amendment, as revised December 21, 1992. Draft specific Plan 11. The Draft Specific Plan, dated May 27, 1992, implements an approximately 3,328-acre portion of the Eastern Dublin General Plan Amendment by providing a detailed framework, including pOlicies, standards and implementation programs, for evaluation of development proj ects proposed in the portion of eastern Dublin covered by the Draft specific Plan. 12. Pursuant to state Law, the Eastern Dublin Draft Specific Plan was prepared and reviewed in the same manner as a general plan amendment. 13. The Planning Commission held a duly noticed public hearing on the Eastern Dublin Draft Specific Plan on October 6, 1992, which hearing was continued to October 12, 1992, and October 15, 1992. 14. Based on comments received during the public hearings, related text revisions, dated December 21, 1992, were made to the Draft specific Plan and were reviewed by the Planning commission on December 21, 1992. 15. The Draft Specific Plan was reviewed by the Planning Commission in accordance with the provisions of the California Environmental Quality Act through the preparation and review of a Final Environmenta I Impact Report. On December 21, 1992 , by Resolution No. 92-060, the Planning commission recommended certification of the Final Environmental Impact Report. 16. On December 21, 1992, the Planning Commission, after considering all written and oral testimony submitted at the public hearing, adopted Resolution No. 92-062, recommending City Council adoption of the Draft Specific Plan, dated May 27, 1992, as revised December 21, 1992. Council Public Hearinq 17. The City council held a duly noticed public hearing on the Eastern Dublin Draft General Plan Amendment and Draft specific Plan on January 14, 1993, which hearing was continued to January 21, 1993, February 23, 1993, March 30, 1993, and April 27, 1993. 18. On April 27, 1993, the City council, by Resolution No. 45-93, voted to refer Alternative 2: Reduced Planning Area ("Alternative 2") with modifications back to the Planning commission for its recommendation, pursuant to Government Code section 65356. 3 .~. 19. The Planning Commission held a public hearing on May 3, 1993, to consider Alternative 2 with modifications and has reported back to the city council by Planning Commission Resolution No. 93- 013. 20. The ci ty council cons idered all wri tten and oral testimony submitted at the pUblic hearing and all written testimony submitted prior to the public hearing and the recommendation of the Planning Commission as set forth in Planning Commission Resolution Nos. 92-061, 92-062 and 93-013. 21. On May 10, 1993 the Council held duly noticed a public hearing to hear testimony regarding the Planning Commission I s recommendation as set forth in Planning Commission Resolution No. 93-013. 22. On May 10, 1993, the City council adopted Resolution No. 51-93, certifying the Addendum to the Draft EIR and the Final Environmental Impact Report ("Final EIR") as adequate and complete. The Final EIR identified significant adverse environmental impacts which can be mitigated to a level of insignificance through changes or alterations in the project. Therefore, pursuant to CEQA, findings adopting the changes or alterations are required and are contained in this resolution. Some of the significant impacts cannot be mitigated to a level of insignificance and a statement of overriding considerations is therefore required pursuant to CEQA and is also contained in this resolution. 23. Upon consideration of the land use and environmental effects of the project, as described in the Final EIR, the Council has determined to adopt Alternative 2, as described in the Final EIR, with certain modifications which are described in the Addendum to the Draft EIR (UAlternative 2 with Modifications"). Alternative 2 with Modifications reduces land use impacts, does not disrupt the existing rural residential community in Doolan Canyon, potentially reduces growth-inducing impacts on agricultural lands, reduces certain traffic impacts to a level of insignificance, produces less demand for infrastructure, reduces the noise impacts for Doolan Road to a level of insignificance and will have a positive fiscal impact on the City. 24. Alternative 2 was considered by the Planning Commission at its hearings, in testimony at the public hearings, in staff reports presented to the Commission at its hearings, in the EIR reviewed by the Planning Commission at its hearings and in its deliberations. 25. Alternative 2 with Modifications includes several substantial modifications to Alternative 2, as Alternative 2 is described in the Draft EIR. Although several of these modifications were considered by the Planning commission at its hearings, the Planning commission has considered Alternative 2 with 4 -, Modifications and has reported back to the Council with its recommendation regarding Alternative 2 with Modifications. The Council has determined to follow the Planning Commission's recommendation as set forth in its Resolution No. 93-013, except with respect to the width of the Transit spine and with the addition of the phrase "or other appropriate agreements" on page 160 of the Draft Specific Plan (§ 11.3.1~ first sentence). Findings¡Overridinq Considerations! Mitiqation Monitorinq Proqram 26. Public Resources Code section 21081 requires the City to make certain findings if the City approves a project for which an environmental impact report has been prepared that identifies significant environmental effects. 27. Section 15093 of the State CEQA Guidelines requires adoption by the City Council of a statement of overriding considerations if the Council approves a project which will result in unavoidable significant effects on the environment. 28. Public Resource Code section 21085 and section 15092 of the state CEQA Guidelines require the city to make certain determinations if it approves a project which reduces the number of housing units considered in the environmental impact report. 29. The Final EIR for the Eastern Dublin General Plan Amendment and specific Plan identifies certain significant adverse environmental effects. 30. Certain of the significant adverse environmental effects can be reduced to a level of insignificance by changes or alterations in the project. 31. Certain of the significant adverse environmental effects cannot be mitigated to a level of insignificance. 32. The Council has selected Alternative 2 identified in the Final ErR with modifications described in the Addendum to the Draft EIR, reducing the number of housing units for such property from the project as reviewed by the Final ErR for the Eastern Dublin General Plan Amendment and Specific Plan. 33. Public Resources Code section 21081.6 requires the City to adopt a reporting or monitoring program for changes in a project or conditions imposed to mitigate or avoid significant environmental effects in order to ensure compliance during project implementation. 34. Government Code section 65300 authorizes a city council to adopt a general plan for land outside its boundaries which in the Planning Commission I s judgment bears relation to its planning. 5 ----- 35. The Planning commission has outside the City's boundaries bears planning. 36. The city has referred Alternative 2 with Modifications to the Alameda County Airport Land Use Commission (IIALUC") pursuant to Public utilities Code section 21676 (b). The city has not received a determination from the ALUC. The 60-day time period for the ALUC to make a determination has not yet run. considered whether land relation to the City's NOW, THEREFORE, BE IT RESOLVED THAT A. The Dublin City council does hereby approve "Alternative 2: Reduced Planning Area" as the Eastern Dublin General Plan Amendment, with the Revisions dated December 21, 1992, and with the Modifications described in the Addendum to Draft EIR, dated May 4, 1993. B. The Dublin city Council finds the Eastern Dublin specific Plan, as described in the Final EIR as IIAlternative 2: Reduced Planning Area," with Revisions dated December 21, 1992, and with the modifications described in the Addendum to Draft EIR dated May 4, 1993, to be consistent with the Dublin General Plan, as revised by the Eastern Dublin General Plan Amendment. C. The Dublin city council does hereby approve the Eastern Dublin Specific Plan, with the Revisions dated December 21, 1992, and with the Modifications described in the Addendum to Draft EIR, dated May 4, 1993 and with the revision to page 160 referred to in paragraph 25 above. D. The Dublin City Council does hereby direct the staff to edit, format, and print the up-to-date Dublin General Plan with all city Council approved revisions and without any other substantive changes. E. The Dublin City Council does hereby direct the Staff to edit, format, and print the Eastern Dublin Specific Plan with all City Council approved revisions and without any other substantive changes. BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby make the findings set forth in sections 1, 2, 3, 4 and 5 of Exhibit A, attached hereto and incorporated herein by this reference, for the Eastern Dublin General Plan Amendment and Specific Plan. BE IT FURTHER RESOLVED THAT the Dublin City council finds and declares that the rationale for each of the findings set forth in sections 1, 2, 3, 4 and 5 of its findings (Exhibit A) is contained in the paragraph entitled "Rationale for Finding" in Exhibit A. 6 · . ---'. The Council further finds that the mitigation measures for each identified impact in Exhibit A make changes to, or alterations to, the Eastern Dublin General Plan Amendment and Specific Plan, or are measures incorporated in the Eastern Dublin Specific Plan that, once implemented as described in the Mitigation Monitoring Program (Exhibit B hereto), will avoid or substantially lessen the significant effects of the Eastern Dublin General Plan Amendment and Specific Plan on the environment. BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby adopt the Statement of overriding Considerations set forth in section 6 of Exhibit A, attached hereto, which statement shall be included in the record of the project approval. BE IT FURTHER RESOLVED THAT the Dublin city council does hereby adopt the "Mitigation Monitoring Program: Eastern Dublin specific Plan/General Plan Amendment" attached hereto and incorporated herein as Exhibit B, as the reporting and monitoring program required by Public Resources Code section 21081.6 for the Eastern Dublin General Plan Amendment and Specific Plan. BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby direct that the Applicants for land use approvals in the Specific Plan area shall pay their pro rata share of all costs associated with the implementation of the Mitigation Monitoring Program. BE IT FURTHER RESOLVED THAT the Dublin city Council does hereby direct that all fees established pursuant to Government Code section 65456, to recover costs of preparation of the Specific Plan, shall include the cost of preparation, adoption and administration of the Specific Plan plus interest on such costs based upon the City of Dublin's average monthly weighted investment yield calculated for each year or fraction thereof that such costs are unpaid. BE IT FURTHER RESOLVED THAT the Dublin city Council does hereby direct the City Clerk to file a Notice of Determination for the Eastern Dublin General Plan Amendment and specific Plan project with the Alameda County Clerk and the State Office of Planning and Research. BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby direct the City Clerk to make available to the public, within one working day of the date of adoption of this resolution, copies of this resolution (including all Exhibits) and the Eastern Dublin General Plan Amendment, dated May 27, 1992, with the Revisions dated December 21, 1992, and the modifications described in the Addendum to Draft EIR dated May 4, 1993, and the Eastern Dublin Specific Plan, dated May 27, 1992, with the Revisions to Draft Specific Plan, dated December 21, 1992, and the modifications 7 --.. described in the Addendum to Draft EIR, all as modified by this resolution. BE IT FURTHER RESOLVED THAT this resolution shall become effective thirty (30) days from the date of passage. BE IT FURTHER RESOLVED THAT if, on the effective date of this resolution or within the remaining 60-day period for ALUC action, the ALUC has found that Alternative 2 with Modifications is not consistent with the ALUC's Alameda County Airport Land Use Policy Plan, the City shall submit all regulations, permits or other actions implementing the Eastern Dublin General Plan Amendment and Specific Plan to the ALUC for review until such time that the City Council revises the Eastern Dublin General Plan Amendment and Specific Plan to be consistent with the ALUC' s Alameda County Airport Land Use Policy Plan or adopts specific findings by a two- thirds vote that the General Plan Amendment and Specific Plan are consistent with the purposes of Article 3.5 of Chapter 4 of Part 1 of Division 9 of the Public utilities Code as stated in section 21670 of such Code. PASSED, APPROVED, AND ADOPTED this loth day of May, 1993, by the following vote: AYES: Counci1members Burton, Houston, Howard, M::>ffatt & Mayor Snyder NOES: None ABSENT: None ABSTAIN: None ~ 'i .~ 'Mayor . ATTEST: ~€dL it Clerk 114\RESOL\29\RESOLUTION 8 .~, ....-.. Section 1 FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION HEASURES Pursuant to Public Resources Code section 21081, the City Council hrreby makes the following findings with respect to the Project's potential significant environmental impacts and means for mitigating those impacts. Findings pursuant to section 21081, subdivision (c), as they relate to "project alternatives," are made in Section 3. Section 3.1-- Land Use IMPACT 3.1/F. Cumulative Loss of Agricultural and Open Space Lands. Agricultural grazing land and open space in Alameda and Contra Costa counties will be converted to urban uses by proposed projects such as Dougherty Valley, Tassajara Valley, North Livermore, and Eastern Dublin. Because it would result in the urbanization of a large area of open space, the proposed Project would contribute to this cumulative loss of agricultural land and open space in the Tri-Valley area. This is considered a signifi- cant unavoidable cumulative impact. Response to Comments ("RC") # 34-9. Finding. No mitigation measures are impact to a level of insignificance. of Overriding Considerations must be of the Project. proposed to reduce this Therefore, a statement adopted upon approval Rationale for Finding. The total amount of open space within the RPA that will be urbanized will be cumulatively significant, in light of numerous other open space areas within the region that is also anticipated for urbanization. IMPACT 3.1/G. Potential Conflicts with Land Uses to the West. The Parks Reserve Forces Training Area ("camp Parks") is located due west of the Specific Plan area. Existing and future Army training activities, such as the use of high velocity weapons and helicopters, could result in noise and safety çonflicts with adjacent open space and single-family residential areas of the Specific Plan. The extent of future army activity is unknown and IThe "Project" is Alternative 2 described in the DEIR at pages 4-9 through 4-14 with the modifications described in the May 4, 1993 Addendum to the EIR. Alternative 2 calls for development in the Reduced Planning Area (the portion of eastern Dublin within its sphere-of-influence) (hereafter "RPA"). 114\eastdub\find(4) 1 A1îACft MEWT b : EXHIBIt.- A