HomeMy WebLinkAboutReso 186-09 Hall of Justice CEQARESOLUTION NO. 186-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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CERTIFYING THAT THE CITY COUNCIL REVIEWED AND CONSIDERED THE CEQA
ADDENDUM FOR THE EAST COUNTY HALL OF JUSTICE
DATED NOVEMBER 30, 2009
PA 02-030
WHEREAS, Jim Kachick, on behalf of the Alameda County General Services Agency,
has requested approval of a Site Development Review Amendment to construct a 196,219
square foot building comprised of courtrooms, offices, and associated facilities on 21.77
acres located on the north side of Gleason Drive between Madigan Road and Arnold Drive;
and
WHEREAS, the original Site Development Review application was reviewed and
approved by the Dublin City Council on November 16, 2004 (Resolution 220-04); and
WHEREAS, the County has submitted and received approval for two extensions to the
Site Development Review approval, with the final extension to the approval expiring on May
16, 2009; and
WHEREAS, the Applicant has submitted a complete application and project plans to
amend Site Development Review PA 02-030, dated November 23, 2009 and prepared by KMD
Architects, stamped approved, and on file in the Planning Division (hereinafter referred to as the
"Project Plans"). Included in these plans is the color and material board dated November 23,
2009, and other plans, text, and diagrams relating to this Site Development Review, and
WHEREAS, the County of Alameda prepared a joint Environmental Impact Report and
Environmental Impact Statement (EIR/EIS), dated April 2003, to determine the potential
environmental impacts occurring as a result of the East County Hall of Justice project. The
Final EIR/EIS concluded that the preferred alternative for the location of the East County Hall of
Justice was in Dublin at the subject site. The EIR/EIS identified mitigation measures to address
the environmental impacts identified and the Final EIR/EIS and accompanying mitigation
measures were adopted the Alameda County Board of Supervisors on May 6, 2003; and
WHEREAS, when the East County Hall of Justice facility was redesigned by the County
and the Courts, an Addendum, included as Exhibit A to this Resolution, was prepared to
document the differences between the project originally analyzed in the 2003 EIR/EIS and the
current proposal. The Addendum states that although changes are proposed as part of the
current project that require revisions to the previous EIR/EIS, the changes do not involve new
significant environmental effects or a substantial increase in the severity of the previously-
identified significant effects. Only minor changes to the previous EIR/EIS were required, and
therefore an Addendum is the appropriate CEQA documentation; and
WHEREAS, the Addendum was approved by the Alameda County Board of Supervisors
on December 8, 2009; and
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WHEREAS, Alameda County is the lead agency for this project, and the City is a
responsible agency under CEQA. As a responsible agency, the City's role is very limited.
Rather than certify Lead Agency's document as adequate, the decision-making body of a
responsible agency is required only to certify that it reviewed and considered the information
contained in the Addendum prepared by the Lead Agency according to CEQA Guidelines, §
15050, subd. (b) and § 15096.); and
WHEREAS, the City of Dublin did review and consider the information contained in the
Addendum in relation to the project as proposed; and
WHEREAS, Staff has concluded that the proposed Site Development Review
Amendment falls within the analysis completed as part of the Addendum and that no additional
impacts have been identified; and
WHEREAS, Pursuant to Sections 15162 and 15164 of the California Environmental
Quality Act (CEQA) Guidelines, no subsequent CEQA documentation shall be prepared for this
project, as no substantial changes have been proposed to the project which require revisions of
the Addendum or previous EIR/EIS. No new significant environmental impacts have been
identified and no substantial increase in the severity of previously identified impacts have been
discovered.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council has reviewed and
considered the Addendum and finds that the document reflects the independent judgment of
the City Council and the City as a responsible agency in the CEQA process. The City Council
does hereby find that no new or substantially more severe significant environmental impacts
could occur as a result of the revised project proposal than are analyzed in the 2003 EIR/EIS
and therefore no further environmental review is required under CEQA.
BE IT FURTHER RESOLVED THAT the City Council does hereby find that:
A. The proposed project is consistent with Dublin General Plan. The project is in
compliance with the purpose of the Site Development Review Chapter, the Planned
Development Zoning District standards, and the General Plan and Eastern Dublin
Specific Plan land use designations for the property.
B. The development of the East County Hall of Justice project will be harmonious and
compatible with existing and future development in the surrounding area. The building
architecture has been designed to be complimentary to the other buildings in the vicinity
while providing the facilities necessary for a regional courthouse.
C. The City Council, as a responsible agency, certifies that it reviewed and considered the
information in the EIR/EIS and Addendum prior to making a decision on the Project. The
City Council considered the environmental effects, mitigation measures and alternatives
in the EIR/EIS related to the Project and within the City's power. The City Council finds
the impacts of the Project are addressed in the EIR/EIS. There is no substantial
evidence in the record showing the requirements for preparation of a supplemental or
subsequent EIR are met. The City Council finds that there are no other feasible
mitigation measures or alternatives than those identified in the EIR/EIS and Addendum
that would substantially lessen or avoid a significant impact of the Project. The City
Council finds that the significant impacts of the Project will be mitigated to less than
significant by the adoption of mitigation measures as set forth in the EIR/EIS and
Addendum except for those impacts identified in the EIR/EIR as significant and
unavoidable. The City incorporates by reference the CEQA findings of the County as
lead agency on the significant environmental impacts of the Project. The mitigation
measures in EIR/EIS and Addendum are adopted as conditions of approval for the
Project. A Mitigation and Monitoring Program has been adopted for the Project.
PASSED, APPROVED AND ADOPTED this 15th day of December 2009, by the following
vote
AYES: Councilmembers Biddle, Hart, Hildenbrand, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Scholz
ABSTAIN: None
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Mayor
ATTE T:
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City Clerk
Reso No. 186-09, Adopted 12-15-09, Item 6.1 Page 3 of 3