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HomeMy WebLinkAboutPC Reso07-12 Casamira Vly/Moller/Tipper PA03-060 RESOLUTION NO. 07 - 12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL CERTIFICATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE CASAMIRA VALLEY/MOLLER RANCH PROJECT AND TIPPER PROPERTY LOCATED AT 6861 AND 7440 TASSAJARA ROAD (APN 985-0001-001 AND 986-0004-001) P A 03-060 WHEREAS, the approximately 238.8 acre Casamira Valley/Moller Ranch Project hereafter "Casamira V alley" proposes to annex two properties to the City of Dublin and the Dublin San Ramon Services District. The Project site contains the approximately 226 acre Casamira Valley/Moller Ranch ("Moller Ranch") site on the east side of Tassajara Road, and the 12.5 acre Tipper parcel on the west side of Tassajara Road, both south of the Alameda/Contra Costa county line. The Project site is proposed for prezoning to the PD-Planned Development district with a related Stage 1 Development Plan as further described below; and WHEREAS, the De Silva Group submitted applications for future development of approximately 209 residences, a Neighborhood Square, and open space on the approximately 226 acre Moller Ranch site. The Stage 1 Development Plan was subsequently revised in December of 2006 to increase the number of proposed dwellings from 209 to 298, including attached and detached units, and located generally in the same development area as originally proposed. The Project includes a looped internal road with two access points to Tassajara Road. A portion of the roadway, as well as some project grading and water quality and detention ponds would extend off site onto approximately 7 acres of land owned by Moller Ranch and located in Contra Costa County; and WHEREAS, in addition to the annexation, the Applicant's request to amend the General Plan to change the land use designation for the development area from Low Density Residential to Medium Density Residential to allow for increased density and attached housing; to amend the Eastern Dublin Specific Plan to include the 226 acre site; to prezone the site to PD-Planned Development and adopt a related Stage 1 Development Plan reflecting the proposed development; and to approve a pre-annexation agreement. The revised Project also includes a voluntary conservation easement for the portions of the Moller Ranch site where no development is proposed and includes cancellation and rescission of the Williamson Act contract on the proposed development area pursuant to Government Code section 51256. (See PA 03-060, September and December 2006 revisions.) No development is proposed on the Tipper site. The annexation and other applications are collectively known as the "Project" and are on file and available for review during normal business hours as P A 03-060 at the Planning Division, Dublin City Hall, 100 Civic Plaza, Dublin, CA 94568; and WHEREAS, the Project site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning 1 framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter "Eastern Dublin EIR" or "program EIR") that is available for review in the Planning Department and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin, including the Project site; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin, including the Project; and WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA; and WHEREAS, the City prepared an Initial Study dated May 2005 for the Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a supplement to the Eastern Dublin EIR was required in order to analyze substantial changes in circumstances and new information that could result in new or potentially more severe significant impacts than identified in the Eastern Dublin EIR; and WHEREAS, the City circulated a Notice of Preparation dated May 28, 2005 with the Initial Study to public agencies and interested parties for consultation on the scope of the supplemental EIR. The City also conducted a public scoping meeting on June 17,2005; and WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City prepared a Draft Supplemental EIR dated October 2006 (SCH No. 2005052146) which reflected the independent judgment of the City as to the potential environmental effects of the Project. The Draft Supplemental EIR confirmed that many aspects of the Project were within the scope of the Eastern Dublin program and that the certified Eastern Dublin EIR adequately described these aspects of the Project for CEQA purposes. The Draft Supplemental EIR was circulated for the required 45 day public review period, from October 30,2006 to December 13, 2006; and WHEREAS, the City received comment letters from State and local agencies during the public review period. The City prepared a Final Supplemental EIR dated March 2007 containing written responses to all comments received during the public review period, which responses provide the City's good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, the Draft Supplemental EIR analyzed the Project as originally proposed. However, the potential for Project revisions was anticipated and is reflected in Alternative 4 - Medium Density Attached and Detached Housing Development, which analyzed a project of up to 326 dwelling units in generally the same development area as originally proposed. The analysis 2 determined that Alternative 4 would have no new or greater significant impacts, and would require no new or different mitigation measures than those identified for the Project. This determination was based primarily on the same general development area for the Project and Alternative 4, and the lesser density assumptions per dwelling unit even though more units would be developed under the alternative; and WHEREAS, the Final Supplemental EIR describes the Project revisions, which are similar to and slightly less than the density and development assumptions analyzed in Alternative 4 of the Draft Supplemental EIR. The Final Supplemental EIR specifically reviewed the Project revisions and determined that they are similar to and no greater than the impacts identified for Alternative 4 in the Draft Supplemental EIR; and WHEREAS, a staff report, dated April 10, 2007 and incorporated herein by reference, described and analyzed the Draft and Final Supplemental EIRs and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report, the Draft and Final Supplemental EIRs at a noticed public hearing on April 10, 2007 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Draft and Final Supplemental EIRs reflect the City's independent judgment and analysis on the potential for environmental impacts and constitute the Supplemental Environmental Impact Report for the Casamira ValleylMoller Ranch Project; and WHEREAS, the Draft and Final Supplemental EIRs are separately bound documents, incorporated herein by reference, and are available for review during normal business hours in the City planning department, file P A 03-060. NOW, THEREFORE,BEITmsoLVEDlHAT: A The foregoing recitals are true and correct and made a part of this resolution. B. The Dublin Planning Commission has reviewed and considered the Supplemental Environmental impact Report and hereby recommends that the City Council certify the Supplemental Environmental Impact Report as complete, adequate and in compliance with CEQA, the CEQA Guidelines, and the City of Dublin Environmental Guidelines, and make all required mitigation and other findings. PASSED, APPROVED, AND ADOPTED this 101h day of April, 2007 by the following vote: 3 AYES: Cms. Biddle, King, Tomlinson, Wehrenberg and Chair Schaub NOES: ABSENT: ABSTAIN: w5;(~ Planning Commission Chair ATTEST: VI 4