HomeMy WebLinkAboutPCReso00-06 PA98-062 Rec CC Tassa Creek NegDec GP/SPA, PDRez,Tmap,SDR,DA RESOLUTION NO. 00-06
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLlN
RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE
DECLARATION FOR PA 98-062, GREENBRIAR LAND COMPANY TASSAJARA CREEK
RESIDENTIAL PROJECT - GENERAL PLAN/SPECIFIC PLAN AMENDMENT, PD
REZONING, VESTING TENTATIVE MAP, SITE DEVELOPMENT REVIEW AND
DEVELOPMENT AGREEMENT
WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller (Applicant/Developer),
has requested approval of a General Plan/Specific Plan Amendment and Plarmed Development
Rezone/Stage 1 and Stage 2 Development Plan, Vesting Tentative Map and Site Development
Review to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445
residential lots, with public and private open space, and a regional trail along the Tassajara Creek
stream corridor, in the Eastern Dublin Specific Plan area; 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 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 ) which 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; 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 implementing development projects in Eastern Dublin; and
WHEREAS, the Eastern Dublin EIR also identified potentially significant enviromnental
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 Greenbriar Land Company Tassajara Creek Residential Project is a
development proposal to implement the Eastern Dublin Specific Plan; and
WHEREAS, the City prepared an Initial Study to evaluate site-specific impacts of the
project to a greater level of detail than in the program EIR. Based on the Initial Study, the City
prepared a Mitigated Negative Declaration (SCH: 99102104) and Mitigation Monitoring Program
for the project with the finding that with implementation of the mitigation measures previously
adopted for the program EIR and site specific mitigation measures contained in the Initial Study and
ATTACHMENT 1
agreed to by the developer, and as further clarified in the Response to Comments, the potential site-
specific impacts of the project will be less than significant; and
WHEREAS, a complete application for the project is available and on file in the Planning
Department; and
WHEREAS, a 30 day public review period was held for the Mitigated Negative Declaration,
from October 31, 1999 to November 29, 1999; and
WHEREAS, Eleven letters commenting on the Mitigated Negative Declaration were
received during the public review period from local, state and federal agencies, and from other
interested commenters, primarily regarding the project s effects on two special species, the red-
legged frog and the California tiger salamander; and
WHEREAS, through responses to comments received, information has been added to the
Mitigated Negative Declaration which merely clarifies or makes insignificant modifications to the
document; and
WHEREAS, all comments received during the public review period have been responded to
and are attached to the project staff report as Attachment 16; and
WHEREAS, pursuant to CEQA Guidelines section 15074.1 (b), the responses to comments
include a substitute Mitigation Measure 1 which is equivalent or more effective in avoiding potential
impacts to the red-legged frog than the original Mitigation Measure 1 and that it in itself will not
cause any potentially significant effects on the environment in that the substitute measure would
require that if a red-legged frog is sighted during construction, all work within 100 feet of the
location of the sighting will cease until a biologist verifies that no red-legged frog are present in the
work area; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
project on February 22, 2000 at which time they reviewed and considered the Mitigated Negative
Declaration and all reports, recommendations and testimony before them.
NOW, THEREFORE, BE IT RESOLVED that the above recitals are incorporated in this
resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby find that:
A. The proposed development is within the scope of the program EIR. Site-specific
environmental effects have been analyzed in an Initial Study/Mitigated Negative Declaration which
determined that the project will not have a significant effect on the environment with the application
of mitigation measures identified in the program EIR and the Mitigated Negative Declaration. There
is no substantial evidence in light of the whole record before the City that the project as mitigated
will have a significant effect on the environment.
2
B. The program EIR and Mitigated Negative Declaration adequately describe the impacts of
the project. As further discussed in the Initial Study and responses to comments, there have been no
substantial changes in the project or new information which necessitate supplementing the program
EIR pursuant to CEQA section 21166 and CEQA Guidelines section 15162 in that
1. The proposed project complies with the land uses, densities, and development
policies of the Eastern Dublin GPA/SP.
2. There are no substantially changed circumstances that involve new or substantially
more severe significant impacts. In particular, listing of the red-legged frog is not a
changed circumstance or new information as impacts to this and other sensitive
species ~vere analyzed as significant impacts in the program EIR.
3. There is no new information showing new or substantially more severe impacts.
C. The mitigation measures identified in the program EIR and the Mitigated Negative
Declaration are included in the project description as applicable and are reflected in related
Development Plan standards and Vesting Tentative Map conditions of approval.
D. The Mitigated Negative Declaration has been prepared in accordance with State and local
environmental laws and guidelines.
E. The Mitigated Negative Declaration is complete and adequate and reflects the City s
independent judgment and analysis as to the environmental effects of the proposed project.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend City Council adoption of the Mitigated Negative Declaration for PA 98-062, Greenbriar
Land Company Tassajara Creek Residential project, including the Initial Study and responses to
comments which are incorporated herein by reference.
PASSED, APPROVED and ADOPTED this 22nd day of February, 2000.
AYES:
Cm. Hughes, Oravetz, Jennings, and Musser
NOES:
ABSENT:
ATTEST:
Cm. Johnson
Planning Commission Chairperson
Community Development Director
G:pa98062/pcndres