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HomeMy WebLinkAboutReso 034-00 Neg Decl DubRanFGHRESOLUTION NO. 34 - 00 A RESOLUTION OF THE CITY COUNCIL -~- OF THE CITY OF DUBLIN ADOPTING INDIVIDUAL MITIGATED NEGATIVE DECLARATIONS AND MITIGATION MONITORING PROGRAMS FOR EACH OF THE THREE DUBLIN RANCH PROJECT APPLICATIONS 'AREA F' (PA 98-068), 'AREA G' (PA 98-069) AND 'AREA H' (PA 98-070) - GENERAL PLAN / EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS AND PLANNED DEVELOPMENT (PD) REZONINGS WHEREAS, Martin Inderbitzen, representing property owner Jennifer Lin et. al, has requested approval of a General Plan Amendment, an Amendment to the Eastern Dublin Specific Plan to revise portions of the General Plan and Eastern Dublin Specific Plan Land Use diagrams and text to allow the relocation of various land uses and acreages within Areas F, G and H of Dublin Ranch and has requested approval of a Stage 1 Planned Development Rezone for Areas F and H and Stage 1 and 2 Planned Development Rezone for Area G to define land use designations and standards on land generally located east of Tassajara Road and north ofi-580 within the Eastern DUblin Specific Plan area (APN: 985-0005- 001,985-0005-002); and WHEREAS, the General Plan Amendment ("GPA") and Eastern Dublin Specific Plan ("EDSP") were adopted by the City in 1994; and WHEREAS, the EDSP provides more specific and detailed goals, policies and action programs for approximately 3313 acres within the GPA area nearest to the City on its Eastern side; and WHEREAS, a Program Environmental Impact Report ("Program EIR") was prepared for the EDSP and GPA (SCH No. 91103604) and certified by the City Council on May 10, 1993, by Resolution No. 51-93, and two Addenda dated May 4, 1993, and August 22,. 1994 ("Addenda") have been prepared and adopted by the City Council and are hereby incorporated by reference; and WHEREAS, on May 10, 1993, the City Council also adopted Resolution No. 53-93, adopting the GPA and EDSP, making findings and adopting overriding considerations as to the environmental impacts and mitigation measures relating to the EDSP and GPA, and adopting a Mitigation Monitoring Program (''Program MMP") for the GPA and EDSP which resolution is hereby incorporated by reference; and WHEREAS, individual Initial Studies have been prepared for each of the three Dublin Ranch project applications (Area F / PA 98-068 - SCH No.99112040, Area G / PA 98-069 - SCH No.99112041 and Area H / PA 98-070 - SCH No.99112042) to evaluate site-specific impacts of the project, to a greater level of detail than in the Program EIR, pursuant' to CEQA guidelines Section 15168. Based on the three Initial Studies, a Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared for each area with the finding that with the implementation of Mitigation Measures previously adopted for the Program EIR and with site specific Mitigation Measures contained in the Initial Studies, as further clarified in the Response to Comments and agreed to by the developer, the potential site-specific impacts of the projects would be reduced to a level of insignificance. The Program EIR and Initial Studies adequately describe the impacts of the project, and there have been no substantial changes or new information which would necessitate supplementing the Program EIR pursuant to Public Resources Code section 21166 and CEQA guidelines Section 15162; 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 Declarations, from November 10, 1999 through December 9, 1999; and WHEREAS, ten letters commenting on the Mitigated Negative Declarations were received during the comment period from local, state and federal agencies; WHEREAS, in response to comments received and as agreed to by the applicant, mitigation measures identified for two special species (red-legged frog and California tiger salamander) have been further refined to be more specific; and WI~EREAS, in response to comments received new information has been added to the three Mitigated Negative Declarations which merely clarifies or makes insignificant modifications to the documents; and WHEREAS, all per/inent comments have been responded to and have become part of the Response to Comments attached as Attachment A-3 tO the staff report for PA 98-068, -069 and -070; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said application on December 14, 1999, January 11 2000 and January 25, 2000 and did adopt a Resolution recommending that the City Council adopt individual Mitigated Negative Declarations and Mitigation Monitoring Programs as further clarified by the Responses to Comments for Area F (PA 98-068), Area G (PA 98-069) and Area H (PA 98-070); and WHEREAS, a properly noticed public hearing was held by the City Council on February 15, 2000; and WHEREAS, a Staff Report was submitted recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program, as further clarified by the Response to Comments for each of the three Dublin Ranch project applications (Area F / PA 98-068 - SCH No.99112040, Area G / PA 98-069 - SCH No.99112041 and Area H / PA 98-070 - SCH No.99112042); and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED TItAT the Dublin City Council does hereby find that: . The project is within the scope of the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064). Site-specific environmental affects have been analyzed in the Initial Studies prepared for each of the Dublin Ranch project applications - Areas F, G and H, dated November 8, 1999, and circulated for public review. The Dublin Ranch project applications - Areas F, G and H will not have a significant effect on the environment with the application of Mitigation Measures identified in the Program EIR and in the Initial Studies, as further clarified in the Response to Comments. . The site-specific mitigation measures contained in the Initial Studies/Mitigated Negative Declarations for Areas F, G and H and as further clarified in the Response to Comments are equivalent or more effective in reducing the potential project impacts to a level of insignificance and the refined site-specific mitigation measures will not in themselves cause an potentially significant effect on the environment. In response to comments received on the three Mitigated Negative Declarations, new information has been added to the documents which merely clarifies or makes insignificant modifications to the documents and no new impacts were identified in accordance with CEQA. . The Mitigated Negative Declarations, Mitigation Monitoring Programs and the Response to Comments have been prepared in accordance with State and local environmental laws and guidelines. . The Mitigated Negative Declarations and Mitigation Monitoring Programs, as further clarified in the response to comments are complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby adopt a Mitigated Negative Declaration and Mitigation Monitoring Program PA 98-068 for Area F, Mitigated Negative Declaration and Mitigated Monitoring Program PA 98-069 for Area G and Mitigated Negative Declaration and Mitigated Monitoring Program PA 98-070 for Area H, as clarified by the Response to Comments (Attachment A-3 to the staff report), the Mitigation MonitOring Programs are attached as Attachment A-2 and with the Initial Studies/Mitigated Negative Declarations are incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 15th day of February, 2000. AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None City Cler~ L-~- ' x,,_- - K2/G/3- 7-O0/reso-negdec-drnch. doc (Item 6. 3) g:\98068\CCRESOnmd M