HomeMy WebLinkAbout8.1 Attmt 1 Reso CEQARESOLUTION Nb. 09 r XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT A CEQA ADDENDUM TO THE EASTERN
DUBLIN ENVIRONMENTAL IMPACT REPORT AND 2000 DUBLIN RANCH AREA G
MITIGATED NEGATIVE DECLARATION FOR THE PROMENADE PROJECT AND
ADOPTING A RELATED STATEMENT OF OVERRIDING CONSIDERATIONS
PA 08-006
WHEREAS, the Applicant proposes to develop an 82,864 sq. ft. commercial center consisting of
a ClubSport fitness center, a Mercantile Building containing retail and office uses and a three story, four
level parking garage on a 3.72 acre parcel on the 23 acre Promenade property. The related applications
include Site Development Review for the principal proposed buildings and related improvements; a
Conditional Use Permit for an indoor fitness center and for minor modifications to the .existing PD zoning
to reallocate density within the 23 acre site; a Vesting Tentative Parcel Map to divide the 23 acre .property
into 4 parcels, Parcel 4 of which is the 3.72 acres proposed for development; and a Development
Agreement. The above activities and applications are collectively referred to as the "Project"; and
WHEREAS, the Promenade site is located between Dublin Boulevard and Central Parkway along
either side of Grafton Street; the Club Sport/Mercantile Building portion of the Project is located at the
northeast corner of Dublin Boulevard and Grafton Street; 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 (incorporated
herein by reference).. The Eastern Dublin EIR identified significant impacts from development of the
Eastern Dublin area, some of which could not be mitigated to less than significant. Upon approval of the
Eastern Dublin General Plan Amendment and 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, on February 15, 2000, the City Council approved a Mitigated Negative Declaration
("2000 MND") for reconfigured land uses to relocate and develop a Village Center in the Dublin Ranch
Area G portion of Eastern Dublin (Resolution No. 34-00 incorporated herein by reference). The City
Council approved related General and Specific Plan amendments for Area G on March 7, 2000
(Resolution No. 35-00 incorporated herein by reference), and adopted PD-Planned Development zoning
and related Development Plans on March 21, 2000 (Ordinance No. 6-00, incorporated herein by
reference); and
WHEREAS, the adopted PD zoning provides for a Village Center on the 23 acre Promenade
property with a range of neighborhood commercial uses permitted and with a cap of 230,000 sq. ft. of
density, allocated among 6 development sites. The Project proposes to modify the PD zoning to reallocate
the approved density among the development sites, to subdivide the site and to develop one of the sites;
and
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WHEREAS, the City prepared an Initial Study to determine if additional review of the proposed
modifications and development was required pursuant to CEQA Guidelines section 15162. Based on the
Initial Study, the City prepared an Addendum dated July 14, 2009 describing the modifications and
development and finding that the impacts of the proposed Project have been adequately addressed in the
Eastern Dublin EIR and 2000 MND. The Addendum and related Initial Study are attached as Exhibit A
and 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, a Planning Commission Staff Report dated August 11, 2009 and incorporated herein
by reference analyzed the Development Agreement and recommended adoption of the CEQA Addendum
and approval of the applications; and
WHEREAS, the Planning Commission held a properly noticed public hearing- on the
Development Agreement on August 11, 2009; and
WHEREAS, the Planning Commission considered the Addendum as well as the Eastern.Dublin
EIR and 2000 MND before making its recommendation to the City Council on the Development
Agreement. The Planning Commission further used their independent judgment and considered all
reports, recommendations and testimony before making its recommendation to the City Council.
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 recommends that the City
Council make 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
Addendum, Initial Study, the Eastern Dublin EIR, the 2000 MND, 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 Addendum, Initial. Study, Eastern Dublin EIR, 2000 MND 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 previously approved
Eastern Dublin and Area G projects that will require major revisions to the EIR or MND 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 Eastern Dublin and Area G projects which were previously addressed in
the EIR and MND. The proposed Project will not result in substantially more severe significant impacts
than those identified in the prior EIR and MND. All previously adopted mitigation measures will apply to
the proposed Project and project site as applicable.
2. The Initial Study did not identify any new significant impacts of the proposed Project that were
not analyzed in the Eastern Dublin EIR and 2000 MND.
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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. The City has properly prepared an Addendum and 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 Promenade Project.
BE IT FURTHER RESOLVED that the Planning Commission recommends the City Council
adopt the Statement of Overriding Considerations attached as Exhibit B.
PASSED, APPROVED AND ADOPTED this 1 lth day of August, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
1260531
G: IPA#120081PA 08-006 Club Sport PromenadelDevelopment AgreementlPCMtg 8-11-091Cremin Comments PCReso-CCadoptAddendum-.DOC
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