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HomeMy WebLinkAboutPC Reso 12-09 Brannigan Str Rec to CC CEQA AdndmRESOLUTION NO. 12-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR THE PROJECT PROPOSED FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE WITHIN DUBLIN RANCH (APN 985-0052-021) PLPA-2011-00039 WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications fora 3- acre site located along the west side of Brannigan Street north of Gleason Drive ("Project Site"). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Public/Semi-Public to Medium Density Residential; 2} Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan; 3) Site Development Review (SDR) to construct 19 single-family detached homes; 4} Vesting Tentative Tract Map 8093 to create 19 residential lots; and 5) Development Agreement. The Project Site and the applications are collectively known as the "Project;" and WHEREAS, the Project site and currently is vacant land; and WHEREAS, the Project is in the General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which the City Council certified a Program Environmental Impact Report by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May 10, 1993 (resolution incorporated herein by reference). The Eastern Dublin EIR identified significant impacts from development of the Eastern Dublin area,. same of which could not be mitigated to less than significant. Upon approval of the General Plan Amendment and Eastern Dublin Specific Plan, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein by reference); and WHEREAS, since certification of the EDEIR, the Project site has been addressed in several later CEQA reviews, including a 1997 Negative Declaration (Resolution 140-97), a 2000 MND for the Dublin Ranch Area F project (Resolution 34-00}, and a 2004 Addendum for the Dublin Ranch Area F North project (Resolution 43-04). The foregoing resolutions are incorporated herein by reference; and WHEREAS, the Eastern Dublin EIR identified significant unavoidable impacts from development of the Eastern Dublin area, some of which would apply to the Project; therefore, approval of the Project must be supported by a Statement of Overriding Considerations; and WHEREAS, for the Brannigan Street Project, the City prepared an Initial Study to determine if additional review of the proposed Project modifications and development was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared an Addendum dated March 27, 2012 describing the modifications, development and findings that the impacts of the .proposed Project have been adequately addressed in the prior Page 1 of 3 CEQA documents referenced above. The Addendum is attached as Exhibit A and is incorporated herein by reference; and WHEREAS, a Staff Report for the Planning Commission, dated March 27, 2012 and incorporated herein by reference, described and analyzed the project, and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, on March 27, 2012 the Planning Commission held a properly noticed public hearing on the project at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the CEQA Addendum as well as the prior CEQA documents, and all above-referenced reports, recommendations, and testimony before taking any action on the project. 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`Planning Commission makes the following findings to support the determination that no further environmental review is required under CEQA for the proposed Project. These findings are based on information contained in the CEQA Addendum, the prior CEQA documents, the Planning Commission Staff Report, and all other information contained in the record before the Planning Commission. These findings constitute a summary of the information contained in the entire record. The detailed facts to support the findings are set forth in the CEQA Addendum and related Initial Study, the prior CEQA documents, and elsewhere in the record. Other facts and information in the record that support each finding that are not included below are incorporated herein by reference: 1. The proposed Project does not constitute substantial changes to the previous projects affecting the Project site, as addressed in the prior CEQA documents, that will require major revisions to the prior documents due to new significant environmental effects or a substantial increase in severity of previously identified significant effects. Based on the Initial Study, all potentially significant effects of the proposed Project are the same or less than the impacts for the projects which were. previously addressed. The proposed Project will not result in substantially more severe significant impacts than those identified in the prior CEQA documents. All previously adopted mitigation measures continue to apply to the proposed Project and project site as applicable. 2. The Initial Study and Addendum did not identify any new significant impacts of the proposed Project that were not analyzed in the prior CEQA documents. 3. The City is not aware of any new information of substantial importance or substantial changes in circumstances that would result in new or substantially more severe impacts or meet any other standards in CEQA Section 21166 and related CEQA Guidelines Sections 15162/3. BE IT FURTHER RESOLVED that the Planning Commission recommends the following to the City Council: 1. No further environmental review under CEQA is required for the proposed Project because there is no substantial evidence in the record as a whole that any of the standards under Sections 21166 or 15162/3 are met. 2 of 3 2. The City has properly prepared a CEQA Addendum and related Initial Study under CEQA Guidelines section 15164 to explain its decision not to prepare a subsequent or supplemental EIR or conduct further environmental review for the proposed Project. 3. The City Council adopt the CEQA Addendum and related Initial Study, attached as Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the Project. PASSED, APPROVED AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: Wehrenberg, Schaub, O'Keefe, Bhuthimethee NOES: ABSENT: Brown ABSTAIN: ~\ Planning Commission Ch ATTEST: r ~, Planni g M ager G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIKiPs DOC commentslpc reso recommending cega addendum for brannigan_lennar. DOC 3 of 3 CEQA ADDENDUM FOR THE BRANNIGAN STREET GPA/SPA PROJECT PLPA-2012-00039 MARCH 27, 2012 On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("Eastern Dublin EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum to the Eastern Dublin EIR dated May 4, 1993, assessing a reduced development project alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. Since certification of the EIR, many implementing projects have been proposed, relying to various degrees on the certified EIR. In 1997, the City of Dublin adopted a Negative Declaration ("1997 ND") for Dublin Ranch Planning Areas B-E in 1997 that analyzed the impacts of annexing this portion of the Eastern Dublin Planning Area to the City of Dublin as well as approving land use entitlements for these Planning Areas (City Council Resolution No. 140-97, November 18, 1997.) No significant environmental issues were identified in the Initial Study on which the Negative Declaration was based. In 2000, an Initial Study/Mitigated Negative Declaration ("2000 MND") was approved by the Dublin City Council (Resolution No. 34-00, dated February 15, 2000) for a General Plan Amendment, Eastern Dublin Specific Plan Amendment and a Planned Development rezoning with a Stage 1 Development Plan for Dublin Ranch Planning Area F, within which this Project is located. The Initial Study analyzed all of the environmental topics recommended in CEQA Guidelines Appendix G. Based on additional site-specific analysis of light and glare, biological resources, cultural resources, hydrology and water quality, and traffic and circulation, supplemental mitigation measures were adopted by the City. In March, 2004, the City of Dublin adopted an Addendum to the all of the previously adopted CEQA documents for Dublin Ranch Planning Area F North (City Council Resolution No. 43-04, March 16, 2004.) No new or more significant impacts were identified in the Initial Study on which the Addendum was based. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the Project, as described below. Project Description The current application includes a requestto amend the City of Dublin General Plan and Eastern Dublin Specific Plan to redesignate a 3-acre (net) site on the north side of Brannigan Street approximately 120 feet north of the intersection of Brannigan Street and Gleason Drive (from "P/SP-Public/Semi-Public" to "M-Medium Density Residential." The proposed General Plan and Specific Plan would facilitate development of 19 single-family dwellings on the site. Other requested land use entitlements include a Planned Development rezoning with related Stage 1 Development Plan amendment and a Stage 2 Development Plan, a Vesting Tentative Subdivision Map, a Site Development Review permit and a Development Agreement. EXHIBIT A TO ATTACHMENT 7 PriorCEQA Analyses and Determinations As summarized above and discussed in more detail in the attached Initial Study, the Project site has been planned for urbanization in all the related Eastern Dublin approvals in 1993, 1997, 2000 and 2004 and has been the subject of a Negative Declaration (ND), Mitigated Negative Declaration (MND) and an Addendum as well as the original Eastern Dublin EIR. The Eastern Dublin EIR identified numerous environmental impacts, and numerous mitigations were adopted upon approval of the Eastern Dublin General Plan Amendment and Specific Plan. For identified impacts that could not be mitigated to insignificance, the City Council adopted a Statement of Overriding Considerations. The 2000 MND identified supplemental impacts and mitigation measures in addition to those in the Eastern Dublin EIR. No additional mitigation measures were included in the 1997 ND or the 2004 Addendum. All previously adopted mitigation measures for development of Eastern Dublin identified in the Eastern Dublin EIR and the 2000 MND that are applicable to the Project continue to apply to the currently proposed Project asfurther discussed in the attached Initial Study. Current CEQA Analysis and Determination that an Addendum is Appropriate for this Project. Updated Initial Study The City of Dublin has determined that an Addendum is the appropriate CEQA review for the Project, which proposes to amend the approved General Plan and Eastern Dublin Specific Plan for the Brannigan Street site. If approved, the proposed Project would change land uses on the 3-acre site as identified above. The applicant is also seeking approval City approval of a PD rezoning with related Stage 1 Development Plan amendment, a Stage 2 Development Plan, a Site Development Review permit, questing tentative subdivision map and a Development Agreement. The City prepared an updated Initial Study dated March 16, 2012, incorporated herein by reference, to assess whether any further environmental review is required for this Project Through this Initial Study, the City has determined that no subsequent EIR, or Negative Declaration is required for the plan and zoning amendments or the refined development detai Is. No Subsequent Review is Required per CEQA Guidelines Section 15162. CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions, the City has determined that no subsequent EIR or negative declaration is required for this Project. This is based on the following analysis: a) Are there substantial changes to the Project involving new or more severe significant impacts? There are no substantial changes to the Project analyzed in the Eastern Dublin EIR, as supplemented by the 1997 ND, the 2000 MND and the 2004 Addendum. As demonstrated in the Initial Study, the proposed land uses for Project site is not a substantial change to uses analyzed in previous CEQA documents and will not result in additional significant impacts, and no additional or different mitigation measures are required. b) Are there substantia/ changes in the conditions which the Project is undertaken involving new or more severe significant impacts? There are no substantial changes in the conditions assumed in the Eastern Dublin EIR, the 1997 ND, the 2000 MND or the 2004 Addendum. This is documented in the attached Initial Study prepared for this Project March 16, 2012. c) /s there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR and other CEQA documents that shows the Project will have a significant effect not addressed in the previous documents; or previous effects are more severe; or, previously infeasib/e mitigation measures are now feasib/e but the applicant dec/fined to adopt them; or mitigation measures considerab/y different from those in the previous EIR and MND would substantially reduce significant effects but the applicant dec/fines to adopt them? As documented in the attached Initial Study, there is no new information showing a new or more severe significant effect beyond those identified in the prior EIR and MND. Similarly, the Initial Study documents that no new or different mitigation measures are required for the Project. All previously adopted mitigations continue to apply to the Project. The previously certified EIR and other CEQA documents adequately describe the impacts and mitigations associated with the proposed development on the Project site. d) /f no subsequent EIR-level review is required, should a subsequent negative declaration be prepared? No subsequent negative declaration or mitigated negative declaration is required because there are no impacts, significant or otherwise, of the Project beyond those identified in the Eastern Dublin EIR and other previous CEQA documents for the site, as documented in the attached Initial Study. Conclusion. This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based on the attached Initial Study dated March 16, 2012. The Addendum and Initial Study review the proposed General Plan and Eastern Dublin Specific Plan Amendments, the Planned Development rezoning amendment, Vesting Tentative Subdivision Map, the Site Development Review permit and Development Agreement as discussed above. Through the adoption of this Addendum and related Initial Study, the City determines that the above minor changes in land uses do not require a subsequent EIR or negative declaration under CEQA section 21166 or CEQA Guidelines Sections 15162 and 15163. The City further determines that the Eastern Dublin EIR, the 1997 ND, the 2000 MND and the 2004 Addendum adequately address the potential environmental impacts of the land use designation change and proposed development for the Brannigan site as documented in the attached Initial Study. As provided in Section 15164 of the Guidelines, the Addendum need not be circulated for public review, but shall be considered with the prior environmental documents before making a decision on this project. The Initial Study, Eastern Dublin EIR, the 1997 ND, the 2000 MND, the 2004 Addendum and all resolutions cited above are incorporated herein by reference and are available for public review during normal business hours in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin CA.