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HomeMy WebLinkAbout6.3 Dublin Ranch West CITY CLERK File # D[7Q]~[lJ]-~ AGENDA STATEMENT )( (Q OO-::JD CITY COUNCIL MEETING DATE: March 15,2005 X ~W... ?>Ð PUBLIC HEARING: PA 02-028 Dublin Raneh West submitted by James Tong on behalf of Chang Su-O (aka Jennifer) Lin, et. al. to consider Planned Development (PD) Prezone; Annexation Application; Amendment to the General Plan; Amendment to the Eastern Dublin Specific Plan; Planned Development (PD) Prewne/Stagc I Development Plan; Environmental Impact Report (EIR)/Mitigation Monitoring & Reporting Program; and Pre-Annexation Agreement. rvi/ Report Prepared by: Mike Porto, Consulting Planner vy SUBJECT: A TT ACHMENTS: 1. Resolution certifying the Dublin Ranch West Supplemental Environmental Impact Report, adopting CEQA findings, a statement of overriding considerations, and a Mitigation Monitoring & Reporting Program. Resolution approving Amendments to the General Plan and to the Eastern Dublin Specific Plan for the Lin Family property (with text changes, map and table changes) Draft Ordinance approving Planned Development (PD) Prezoning with Stage 1 Development Plan for Dublin Ranch West. Resolution approving a Pre-Annexation agreement with the Property Owner (proposed Pre-Annexation Agreement as Exhibit A). Resolution directing Staff to file an application with Alameda County Local Agency Formation Commission (LAFCo) for annexation to the City and to the Dublin San Ramon Services District (DSRSD) (proposed application as Exhibit A). Project Area Map. Dublin Ranch West Stage 1 Development Plan Submission. Draft Supplemental' Environmental Impact Report (DSEIR:) sent separately. Final Supplemental Environmental Impact Report (FSEIR) sent separately. Excerpts of Planning Commission Mccting Minutes dated February 22,2005. Revised wording for Final EIR per Planning Commission recommendation. February 17, 2005 Letter from the Department of Fish and Game included per Planning Commission recommendation. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. BACKGROUND ATTACHMENTS (by Reference): 13. Dublin General Plan. COPIES TO: Applicant(s) Property Owners PAme 6..., ITEM NO. ... G:II' A#\2(KJ2\02-02~ Dubhn Ranch West ICily COllilCil ICCSR 3-15-1J5 I, I ~ Ib c/ RECOMMENDATION: 1. 2. 3. 4. 5. 6. ~ FINANCIAL STATEMENT: PROJECT DESCRIPTION: 14. Eastern Dublin Specific Plan. 15. EIR for Eastern Dublin Specific Plan and General Plan Amendmcnt (including Addendum date May 4, 1993) SCH# 91103064; and Addendum dated August 22, 1994. 16. City Council Resolution Certifying Eastern Dublin Specific Plan and General Plan Amendment Program EIR (Resolution #51-93). 17. City Council Resolution adopting Eastern Dublin Specifk Plan and General Plan Amendment; adopting findings and approving overriding considerations; and adopting Mitigation Monitoring Program ("Matrix") for EDSP EIR (Resolution #53-93). 18. Mitigation Monitoring Program ("Matrix") for EDSP EIR. 7. Open Public Hearing Receive Staff Presentation Receive Public Testimony Close Public Hearing Deliberate Adopt Resolution (Attachment 1) certifYing the Supplemental Environmental Impact Report and adopting CEQA findings, a statement of overriding considerations, and a Mitigation Monitoring & Reporting Program. Adopt Resolution (Attachment 2) approving Amendments to the General Plan and to the Eastern Dublin Specific Plan for the Lin Family property. Waive the reading and INTRODUCE Ordinance approving a Planned Development (PD) Prezone with Stage 1 Development Plan for Dublin Ranch West (Attachment 3). Adopt Resolution approving a Pre-Annexation Agreement (Attachment 4). Adopt Resolution directing Staff to file an application with Alameda County Local Agency Formation Commission (LAFCo) for annexation to the City and to the Dublin San Ramon Services District (DSRSD) (Attachment 5). 8. 9. 10. No financial impact. The projcct area, which is the subject of this annexation, contains approximately 189 acres of land. (See Attachment 6, Project Area Map.) It includes property hcld by three separate owners as shown in Table 1 below with 184 acres (or 97% of the land) under one ownership. The project area is located within the unincorporated area of Alameda County within the City's Sphere of Influence (SOl) near the northeasterly City limits. The project area generally consists of grasslands from high hi1ls in the north and west sloping to the south and south-east. Tassajara Creek runs north to south through the area to its southerly point. The area currently is used for farming/grazing, firewood sales and storage, several rural homesteads, agricultural outbuildings, and one structure of potentially historic significance - a schoolhouse. The Tassajara Creek corridor is vegetated with native oaks and riparian plant materials. The project area is bounded; a) to the north by the Alameda County border with the adjoining lands in Contra Costa County (unincorporated area) being used for agriculture; b) to the wcst by the Parks Reserve Training Facility (PRTF) owned by the United States government within the City limits; and c) to the 26bID south by a currently developing area within the incorporated City limits, a staging area for the East Bay Regional Park District (EBRPD), and a portion of the Tassajara Creek corridor designated for a regional park. To the cast, the northerly portion of the project area is separated from Tassajara Road by unincorporated rural properties with other agricultural properties lying east of Tassajara Road. The southerly (or "panhandle") portion of the project site abuts the incorporated City limits and right-of-way for Tassajara Road. Approved development on recently annexed properties, a landscaping business, and a private K-I2 school are located across from the project site within the City limits along the east side of Tassajara Road. Approximately 11.6 acres of property within Dublin Ranch West is located across thc County line to the north in an unincorporated portion of Contra Costa County. However, this acreage is not included in the project or its acreage totals. This acreage already is a separate legal parcel from the lands within Alameda County. All of the property within Alameda County is within the Eastern Dublin Specific Plan Area boundary and has been included for planning purposes within the City of Dublin General Plan. The property currently is zoned for agriculture by Alameda County. The three property owners included within the area proposed for annexation and prezoning are listed in Table 1, below. The Table shows the Asse~sor Parcel Numher (APN), name of owners, acreages, locations, and the property owner's position on the annexation. Table 1: Properties within the Project Area/Annexation Area 986-0004-005~01 6852 Tassajara Road 184.10ac J. Lin. et. al. (Lin Family) Yes aka Wallis Pro e 986-0003-001 6060 Tassa'ara Road 3.28ac R. & S. S erisla e Unknown 986-0004-003 Tassa'ara Road 1.60ac Bra & Silva Trusts Unknown Total: 188.98 ac The proposed Project includes: 1) Certification of a SlIPplemental EIR and related CEQA findings (which includes a Mitigation Monitoring and Reporting Program); 2) Prezoning the entire area for annexation to the City of Dublin and approval of a PD-Planned Devclopment Zoning District with related Stage 1 Development Plan as shown on Attachment 3, Exhibits A-I and A-2; 3) Amendment of the land uses shown the in General Plan and the Eastern Dublin Specific Plan for the Lin Family property only; 4) Application for Annexation of the entire project area to the City of Dublin and to the Dublin San Ramon Services District (DSRSD); and 5) Approval of a prc-annexation agreement with the consenting property owner. Dublin Ranch West, formerly known as the Wallis Ranch, was acquired by the Lin Family and is the only portion of Dublin Ranch holdings west of Tassajara Road. The Lin Family, the applicant for the requested action and major property owner, has been phasing out agricultural uses and is actively in progress on the development of its Dublin Ranch holdings cast of Tassajara Road. A preliminary analysis by the applicant's engineer identified inconsistencies between the buildable area, along with schematic development concepts, and the geography associated with the Tassajara Creek corridor. Certain land uses currently shown in the City's General Plan and in the Eastern Dublin SpecifIc Plan are incompatible with the topographic and physical constraints associated with Tassajara Creek and its tributary creek setback requirements, its effect on vehicular access limitations, and the proposed right-of-way realignment of Tassajara Road. In addition, thc Dublin Unified School District, through an official action taken in 2003, eliminated the elementary school from its plans as it is shown on the General Plan and Eastern Dublin Specific Plan land use maps. 3 0t/~ The development concept for the area strives to preserve the natural environment and create a community that is compatible with the natural terrain. Approximatcly 107 of the 189 acres would be converted from vacant or agricultural land to urban/suburban use. The number of units within the project area is anticipated to range from 652 to 1,418 based on the density ranges with the mid-point at 1,053 units. On October 5,2004, thc City Council held a study session on PA 02-028 for Dublin Ranch West. The study session was held in response to an application by the largest property owner, James Tong on behalf of Chang Su-O (aka Jennifer) Un et. aI., for annexation, zoning, and approval of a development plan. At that time, City Staff identified a number of the issues, presented an analysis, and requested City Council direction for obtaining consistency between prior planning for this area and planning changes cumulatively resulting from approvals to date, new or changed policies for areas within the City boundaries, and current technical studies. The current proposal reflects the direction given by the City Council for four plan elements in this part of the City: 1) Implementation of the Village policy, 2) Provision of required park lands, 3) Location and characteristics of commercial uses and sites, and 4) Need, preference, and location for Public/Semi-Public land uses. ANALYSIS: Annexation The project site currcntly is within unincorporated portion of Alameda County, but also within the Sphere ofInfluence (SOT) for the City of Dublin as established by the County Local Area Formation Commission (LAFCo). The LAFCo is a State mandated local agency that oversees boundary changes to cities and special districts, the formation of new agencies including incorporation of new cities, and the consolidation of existing agencies. Although currently outside the City limits, the City has planned for the eventual annexation of this area through the General Plan and the Eastern Dublin Specific Plan, including most of the number of residential units anticipated and the project population which will reside in those units. The major land owner has requested anncxation prior to proceeding with development. Following annexation, the City would have jurisdiction and authority over plan approvals, and the project will be serviced by the City and the analogous service distrids. Also requested is annexation to the Dublin San Ramon Services District (DSRSD) which serves that portion of the City with water and sewer services. The area already is within the SOT of the DSRSD. The application for annexation (or reorganization, as referenced by LAFCo) includes a list of specific requirements with the most significant being: 1) prezoning by the City, and 2) a mW1icipal services plan. The adopted prezoning must be consistent with the City's General Plan. Consent to annex to the City of Dublin has been provided by the owner of the Dublin Ranch West site (the largest of the three property owners). Several attempts by Staff to contact the other two owncrs in the project area regarding annexation have not been successful. The current action is to consider recommending the adoption of a resolution anthorizing Staff to initiate an application to LAFCo for the requested annexations of the 1 89-acre project area to the City of Dublin and the DSRSD. The proposed annexations arc consistent with City's planning efforts and would provide for the logical and orderly extension of urban services to the eastern portion of Dublin. The City's 1993 Annexation Agreement with the County for transferring property tax revenues will apply to this area. Amendments to the General Plan and the Eastern Dublin Specific Plan Devclopment of the project area as currently designated in the General Plan and Eastern Dublin Specific Plan would require substantial modifications to the natural topography created by the Tassajara Creek 46bIO corridor. The objectivc of this requested amendment is to preserve as much of the natural corridor as possible. When actual topography is taken into consideration, remaining sites may be oddly configured or too small to develop as designated. Therefore, a revised land use plan has been prepared and is now proposed based on the preliminary planning studies by the major property owner and direction provided by the City Council at the Study Session of October 5, 2004. In general, the proposed land use amendments represent the following: · More Open Space: Redesignatjon ofland uses within the Tassajara Creek corridor to Open Space - This action would remove land uses currently designated for Medium and Medium-High Density Residential, Neighborhood Commercial, Neighborhood Square, and Elementary School generally shown in the Tassajara Village Area. Open Space acreage of hillside area along the southwest boundary would decrease. However, Open Space along the Tassajara Creek corridor would substantially increase. · Tassaiara Village Center: Reduction and reconfiguration of Tassajara Village Center - The existing topography due to the Tassajara creekbed does not accommodate the illustrative layout of Tassajara Village Center as shown in Figure 7.28 of the Eastern Dublin Specific Plan. Since the remnant piece designated for a Neighborhood Square would be too small and isolated for that use, the Neighborhood Squarc has been omitted from the location shown. · Neighborhood Commercial: Removal of all of the Neighborhood Commercial land use designations from the Lin property - The area currently designated for Neighborhood Commercial use is divided by the Tassajara Creek corridor. Unless redesignated, an isolated remnant of land designated for this use would remain on the west side of Tassajara Creek without access to Tassajara Road. In addition the anticipated realignment of Tassajara Road and intersection with Fallon Road would substantially affect the commercial development potential along the west sidc. Based on these issues a new configuration for Tassajara Village may be more appropriate or climination of this designation entirely from the Specific Plan might be more in linc with the land fonns and circulation improvements necessary. · Elementary School Site: Elimination of the Elementary School site - In 2003, the Dublin Unified School District determined that an clementary school would not be necessary at the location shown on the exiting land use plan and that adequate school sites can be provided elsewhere to serve the Eastern Dublin area. This change allowed for an alternate use of the area designated as an elementary school site. It also allowed for rethinking the location of the Neighborhood Park sites which were designed to link with the school. In addition to expanding the Open Space corridor, the elementary school site generally is proposed to be redesignated for Medium-High Density Residential (14.1 to 25 units per gross acre). All new development would remain subject to statutory school mitigation fees. · Neighborhood Park Sites: Relocation and redesignation of Neighborhood Park space - The existing plan shows two small Neighborhood Parks. Existing topography limits the development potential of the area designated for Medium-Density Residential area shown between the Tassajara ereekbed corridor and the anticipated realignment of Tassajara Road in the southern panhandle of the project area. One neighborhood park is proposed to be relocated to that Medium-Density Residential site. The other Neighborhood Park site would be shifted southward from a central location to an area currently designated for Low-Density Residential. This area, which lies between the westerly side of Tassajara Creek and the southwesterly project area boundary, functionally is too small for development as a stand-alone, low-density neighborhood. It is more suitable for park land and can be better integrated with the proposed open space trail system associated with the Tassajara Creek corridor. As discussed at the October 5, 2004 Study Session, the project would be required to provide 10.5 acres of park land of which 1.8 acres have been provided in other areas of Dublin Ranch. The 5 0() I'D balance required would be approximately 8.7 acres. Under the proposed plan, the l1verall acreage for the two Neighborhood parks and Neighborhood squarc combined would be reduced from 14.6 acres to 8.8 acres which meet the minimum standard. Additionally, the overall open space total will have increased by 9.8 acres, and the designation of 1.9 (gross) acres for Public/Semi-Public use would provide flexibility for increasing recreational or special use areas, as needed. . Public/Semi-Public: Designation of area near the Tassajara Creek corridor along the southerly boundary of the project area for Public/Semi-Public use - The 1.9 (gross) acres are proposed for redesignation from Medium Density Residential to PublidSemj-PubJic Use as described above and at the City Council Study Session of October 2004. . Bragg and Sperfslage Properties: No change in land use designations are requested or proposed for the 5± acres within the 189"acre project annexation area, but outside the boundaries of the 184± acre Lin Family property. The redesignation and reconfiguration ofland uses will create a development pattern that is more appropriate and functional for the designated uses with regard to the physical constraints and topography. The proposed open space configuration would enhance the natural enviromnent by preserving hillsides, creek corridors and wildlife habitat. The additional open space along the creek corridor system also will enhance Tass3;iara Road as a scenic corridor. Park land requirements would remain within the minimum standard. Proposed land use designations for both the General Plan and the Eastern Dublin Specific Plan are shown as follows: Table 2: Existing and Proposed Land Uses (in gross acres) Exlstln Pro osed 20.0 sc 18.8 ac 64.1 ac 55.6 sc 4.8 ac 21.1 sc 11.8 ac 8.8 sc 2.8 sc 0 sc 70.1 so 82.1 ac 9.7 ac 0 sc 0.8 sc 0.6 ac 0 sc sc 1.9 ac 184.1 ac sc 188.9 ae In addition, the proposed amendments would also result in changes to the following sections in each docwnent: For both the General Plan and the Eastern Dublin Specific Plan: City Boundaries - All figures and exhibits showing City boundaries would need to be amended. [The City's boundaries will only be changed after LAFCO approval.] Land Use Plan - The Land Use Plan in both documents would need to be amended. (Figure 1-1 a of the General Plan and Figure 4.1 of the Eastern Dublin Specific Plan) Land Use Summary - The Land Use Summary for the Eastern Dublin Area would need to be revised in both Plans to reflect the change in acreage figures for the land uses affected by this amendment. Changes to the land use also would require revisions to the number of units for the respective residential land use categories and to the total number of units for all residential categories combined. Minor changes also would need to be made to p~ieeted non-residential building area based on a reduction in Neighborhood Commercial acreage and the addition ofPublic/Serni-Public use. (Table 2.1 in the General Plan and Table 4.1 in the Eastern Dublin Specific Plan). 6~1û Residential Street Sections - References and a diagram for Alternative Residential Street Sections and cul-de-sacs would need to be added. For the General Plan, amend Chapter 5.1.1, "6. Residential Streets" and "7. Cul-de-Sacs." For the Eastern Dublin Specific Plan, change language under Program 5A describing acceptable right-of~way widths and other dimensions regarding cul-de-sacs and in Chapter 7.5.2 Circulation System!Residential Streets. Add Figure 7.49A showing a Residential Street Alternativc with a 46- foot right-of-way. These changes represent currently implemented street plans and improvements. For the Eastern. Dublin Specific Plan (in addition to the modifications mentioned above): Figure 2.4: Ownership Patterns - Amend to reflect the current ownership pattern. Figure 4.2: Planning Subareas - Reconfigure Planning Area F Tassajara Vil1agc Center (corresponding with Table 4.10) and Planning Area G Foothill Residential (corresponding with Table 4.8) to reflect the amended Land Use Plan. Appendix 3 - Amend to reflect the proposed land use changes for these Planning Subareas. Appendix 4 - Amend to show revised acreage totals by land use for the existing owners. Chapter 6 regarding Resource Management - Revise language for consistency regarding 6.2 Open Space, 6.3.2 Biological Resources from information provided with thc EIR, and 6.3.4 Visual Resources. Revise Figures 6.1 through 6.3 to reflect current environmental information and changes to the parks and open space plans. Figure 7.28: Tassajara Vil1age Concept Plan - Revise il1ustration to reflect the amended Land Use Plan and existing topography. Planned Develooment Prezoninf!/Star!e 1 Development Plan The proposed Stage I Development Plan wil1 serve as the prezoning prerequisite for annexation. The proposed land uses are consistent with the General Plan and Eastern Dublin Specific Plan as amended by this proposal. The area would be pre-zoned PD-Planned Development District which specifies the intent, intensity of use, permitted uses, and conditional uses for each of the land use designations identified in the General Plan and Specific Plan shown on the Pre7Á>ning Exhihit and Dcvclopment Plan. The Stage 1 Development Plans include: the development concept, permitted uses, conditional uses, general development standards, project access & circulation plan, phasing plan, conceptual landscape plan, and master infrastructure plan. The entire 189-acrc arca will be subject to prezoning and the Stage 1 Planned Devclopment. Only the Lin Family wil1 be a party to the Pre-Annexation Agreement. Upon annexation, the PD District and related Stage 1 PD would become City zoning for the site. No development would be approvcd prior to approval of a Stage 2 Development Plan adopted by the City identifying regulations for the improvement and maintenance of the property in accordance with Dublin's Zoning Ordinance. Stage 2 Plans would not be approved until after annexation. ENVIRONMENTAL REVIEW: Environmental impacts for the "Eastern Dublin General Plan Amendment for the Eastern Extended Planning Area" and the "Eastern Dublin Specific Plan" were analyzed in an Environmental Impact Report (ElR) prepared and reviewed in accordance with CEQA. The EIR was certified by the City of Dublin in 1993 including revisions to Part I of the Responses to Comments relating to the Kit Fox, and Addendum to the DEIR dated May 4, 1993 and a DKS Associates Traffic Study dated December 15, 1992 (SCH#9ll 03064) ("Eastern Dublin EIRn). Since then, a number ofEIRs, EIR addenda, Supplemental EIRs, and Mitigated Negative Declarations have been prepared, reviewed, and adopted or certified (as appropriate) for subsequcnt and specific projects within the greater project area. The City also adopted a mitigation-monitoring program, which included numerous measures intended to reducc impacts from the development of the Eastern Dublin area. The timing ofthcsc mitigation measures is indicated in the 7~\D City's EIR mitigation monitoring matrix (City Council Resolution # 53-93). The EIR also identified some impacts from implementation of the General Plan/Specific Plan that could not be mitigated. Upon certification of the EJR, the City adopted a statement of overriding considerations for such impacts. For the proposed Dublin Ranch West project area, a Supplementa1 EJR has bccn prepared in accordance with CEQA laws (statutes) and regulations (guidelines). The project assessed in this Supplemental EIR includes the annexation, amendments to the General Plan and the Eastern Dublin Specific Plan (including revised land uses), prezoning to Planned Development (PD) and the Stage 1 Development Plan to allow the eventual subdivision and development in accordance with the approved plans. The proposed project includes gcnerally the same land uses and densities as approved in thc 1993 Eastern Dublin General Plan Amendment and Specific Plan analyzed in the prior EIRs. Fol1owing the City Council workshop on October 5, 2004, the applicant modified the proposal to reflect Council direction on relocating the neighborhood parks and other issues (see earlier description in this staff report). These modifications are included in Alternative 3 of the Draft Supplemental ElR. In accordance with CEQA procedures, thc City prepared an Initial Study. The Initial Study concluded that additional environmental review was required under CEQA Guidelines Sections 15162 and 15163. A Notice of Preparation was circulated for the required 30 day period, and the Draft Supplemental EIR (DSEIR) was circulated for review fÌ"om November 19, 2004 to January 3, 2005. The Final Supplemental EIR presented for certification addresses the comments submitted on the DSEIR. Issues of significance related to this project include; traffic and circulation, air quality, community facilities (parks and schools) and habitat preservation for wildlife and endangered species. Specific endangered flora and fauna were identified in the supplemental EIR included Congdon's tarplant, the California red-legged frog (CRLF), and the California Tiger Salamander. In any case, implementation of development within Tassajara Creek may require a streambed alteration agreement, with conditions, from California Department of Fish & Game and the U. S. Army Corps of Engineers. An NPDES permit, with conditions, also will be required from the Regional Water Quality Control Board. The current project is the original project as modified to include Council direction following the October 5, 2004 workshop. The current proposal was analyzed through Alternative 3 in the Supplemental EIR. Like the original proposal, Alternative 3 is a residential project, with mixed densities and approximately the same number of units. The modified residential areas and neighborhood parkland, and designation of 1.9 gross acres for Public/SemiPublic are analyzed at pp. 141-143 of the Draft Supplemcntal E1R. No additional or revised mitigation measures from those identified in the Supplemental EIR for the original project are requircd for Alternative 3, the current project. No further CEQA review is required for approval of the current project. The Supplemental EIR thoroughly and comprehensively assessed the potential for the project to cause or contribute to significant impacts beyond those identified in the 1993 EIR. Where new potentially significant impacts were identified, appropriate mitigation measures have been proposed to reduce or avoid the impacts. The mitigation measures are recommended for adoption as part of a Mitigation Monitoring and Reporting Program. However, even with mitigation, the City Council will be required to adopt a new Statement of Overriding Considerations for significant unavoidable impacts identified by the Eastern Dublin EIR as applicable to the proposed project. PRE-ANNEXATION AGREEMENT: The goals and policies of the Eastern Dublin Specific Plan require annexation and new development to be revenue neutral. The proposed Pre-Annexation Agreement would be similar to a Development Agreement in incorporated areas with similar terms and conditions for City expenses, infrastructure costs and obligations, fees, financing, and affordable housing requirements in exchange for vested development rights. The Pre-Annexation Agreement between the City and the consenting property owner within the 8 Db IV annexation arca is required by the City prior to its agreement to request LAFCo's approval for annexation. The proposed Pre-Annexation Agreement identifies all three property owners as parties to the Agreement. However, any properties less than 75 acres may be annexed without consent or opportunity for protest by the property owner. As required hy the Specific Plan, the City and each property owner shall enter into a Development Agreement prior to final development approval to assure its implementation. INCLUSIONARY ZONING/AFFORDABLE HOUSING: Development on the Lin Family property in Dublin Ranch West is subject to the City's Inclusionary Zoning Ordinance and affordable housing requirements. The developer of Dublin Ranch West will be able to satisfY these requirements under thc Fairway Ranch Development Agreement if sufficient credits under that agreement are available. No agreements currently are in place which would satisfY Inclusionary Zoning requirements for eventual development of the Sperfslage and Bragg propertics. Those properties would be required to comply with the Inclusionary Zoning Ordinance if and when each develops. PLANNING COMMISSION ACTION: On February 22, 2005, the Pla¡ming Commission reviewed the application request and unanimously recommends that the Council consider certifYing the Environmental Impact Report, amending the general Plan and the Eastern Dublin Spccific Plan, prezoning the property with a Stage 1 Planned development Plan and to recommend Staff file an application to LAFCo for annexation. The Planning Commission discussed two issues that they wanted to make the City Council aware of. Department of Fish a¡ld Gam.e Letter: A letter was received from the Department of Fish and Game (which was also copied to the U.S. Department of Fish and Wildlife Service) included herein as Attachment No. 12, after the fmal deadline accordiug to CEQA for comments to the Environmental Impact Report. The letter was very complementary and indicates support for the mitigation measures. The Planning Commission felt that the Council should see this letter. Additional language for the Environmental Impact Report regarding comments from East Bay regional Parks District: The Planning Commission felt that additional clarification was necessary to detail the measures taken to accommodate the EBRPD trail system as it relates to this project. Revised wording, included herein as Attachment No. 11 provides additional embellishments regarding the events that have transpired with EBRPD and how their plan has several opportunities for implementation. If the City Council certifies the Final EIR, this proposed language will become a part of that document PUBLIC NOTIFICATION: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. CONCLUSION: The proposed General Plan. and Eastern Dublin Specific Plan land use amendments provide a more practical and efficient land use pattern with the intent of preserving the topography of the Tassajara Creek corridor, maintaining scenic corridor qualities, and enhancing the natural environment. The proposed land use amendments are in the public interest protecting sensitive wildlife species in Tassajara Creek, and the General Plan as amended will remain internally consistent. The Stage 1 Planned Development zoning is consistent with the General Plan and the Eastern Dublin Specific Plan, as amended. It also serves as prezoning required for the annexation application to LAFCo. The Supplemental EIR has undergone a review process established by CEQA and addresses the environmental impacts associated with the proposed project through mitigation measures and statements of overriding considerations. The requested annexation area is within the City's Sphere of Influence (SOl) and represents a logical step 9 tí[)\ 'D towards incorporation of the SOl area. The proposed pre-annexation agreement ensures that the City's costs associated with the annexation of the project area and subsequent development will be revenue- neutral and not a burden or expense to the City's sources of funds. RECOMMENDATION: Statfrecommends thc City Council open the Public Hearing, deliberate, and take the following actions: 1. Adopt Resolution certifying the Supplemental Environmental Impact Report (EIR), adopting CEQA findings, a statement of overriding considerations and a Mitigation Monitoring and Reporting Program (Attachment 1). 2. Adopt Resolution approving Amendments to the General Plan and to the Eastern Dublin Specific Plan for the Lin Family property (Attachment 2). 3. Waive the reading and INTRODUCE the Ordinance approving a Planned Development (PD) Prezonc with Stage 1 Development Plan for Dublin Ranch West (Attachment 3). 4. Adopt a Resolution approving a Pre-Annexation Agreement with Chang Su~O Lin, et. al.(Attachment 4). 5. Adopt a Resolution dirccting Staff to file an application with Alameda County Local Agency FOTIuation Commission (LAFCo) for annexation to the City of Dublin and to the Dublin San Ramon Services District (DSRSD) (Attachment 5). l°otl'D