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HomeMy WebLinkAboutReso 186-09 Hall of Justice CEQARESOLUTION NO. 186-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************ 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 Page 1 of 3 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 ~--~ Mayor ATTE T: ~~ ~ ~~- City Clerk Reso No. 186-09, Adopted 12-15-09, Item 6.1 Page 3 of 3