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Home My WebLink AboutPC Reso 10-15 Grafton Plaza MND RESOLUTION NO. 10-15 A RESOLUTION OF THE PLANNING COMMISSION F BLIN O THE CITY OF DU RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE GRAFTON PLAZA PROJECT (APN 985-0061-010 & 985-0061-004) PA 07-006 WHEREAS, Jim Tong/Charter Properties submitted applications for a 496,519 square foot project on approximately 25.33 acres between I-580 and Dublin Boulevard, east of Grafton Street. The project proposes future development of either Campus Office uses, or of a mixed use residential/retail and office project with up to 50% residential uses. The project includes applications for General Plan and Eastern Dublin Specific Plan amendments to create a new "flex" designation of Mixed Use 2/Campus Office, to create a new Grafton Plaza subarea in the Specific Plan, and to slightly expand the mixed uses to include shopkeeper, live/work and other uses; and a PD-Planned Development rezoning and related Stage 1 Development Plan to allow future development under either the Campus Office or residential mixed use options. The applications are collectively known as the "Project"; and WHEREAS, the Project site slopes gently from north to south; the northerly portion of the site is vacant and has previously been graded and filled; the southerly portion of the site is developed with a water quality basin; and WHEREAS, the Project is in Eastern Dublin 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, significant unavoidable impacts were identified in the Eastern Dublin EIR that apply to the Project and Project site, therefore, any Project approval must be supported by a Statement of Overriding Considerations; and WHEREAS, on February 15, 2000, the City Council approved a Mitigated Negative Declaration ("Area H MND") for approximately 71 acres known as Dublin Ranch Area H in Eastern Dublin (Resolution No. 34-00 incorporated herein by reference). The City Council approved related General and Specific Plan amendments for Area H on March 7, 2000 (Resolution No. 35-00 incorporated herein by reference), and adopted PD-Planned Development zoning and a related Stage 1 Development Plan on March 21, 2000 (Ordinance No. 6-00, incorporated herein by reference). The Project site occupies roughly the middle third of Area H and was anticipated for Campus Office uses with the potential for residential uses; and 1 WHEREAS, the City prepared an Initial Study consisten# with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration was required in order to analyze the potential for new or additional signifieant impacts of the Project beyond those identified in the prior EIR and Area H MND; and WHEREAS, based on the Initial Study, the City prepared a Mitigated Negative Declaration dated December 2009 which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project and which was circulated for public review from January 4, 2010 to February 3, 2010 (See Exhibit A, incorporated herein by reference); and WHEREAS, although not required by CEQA, the City prepared written responses to all ~he comments in a Responses to Comments document dated March 2010, which responses provide the City's good faith, reasoned analysis of the environmental issues raised by the comments (Exhibit B, incorporated herein by reference); and WHEREAS, the City carefully reviewed the comments and written responses and determined that the prior EIR and Area H Mitigated Negative Declaration and the Project Mitigated Negative Declaration adequately identified and analyzed the Project's environmental impacts, and that the camments and responses ,did not constitute or require substantial revisions to the Mitigated Negative Declaration. On these bases, the City determined that no recirculation of the Mitigated Negative Declaration was required pursuant to CEQA Guidelines section 15073.5; and WHEREAS, a Staff Report, dated April 13, 2010 and incorporated herein by reference, described and analyzed the draft Mitigated Negative Declaration, including comments and responses, and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the Staff Report, the draft Mitigated Negative Declaration, including comments and responses, at a noticed public hearing on April 13, 2010 at which time all interested parties had the opportunity to be heard; and WHEREAS, the draft Mitigated Negative Declaration, including comments and responses, reflects the City's independent judgment and analysis on the potential for environmental impacts from the Grafton Plaza Project; and WHEREAS, the Mitigated Negative Declaration and related project and environmental documents, including the prior Eastern Dublin EIR, Area H MND and all of the documents incorporated herein by reference, are available for review in the City planning division at the Dublin City Hall, file PA 07-006, during normal business hours. The location and custodian of the draft Mitigated Negative Declaration, including comments and responses, and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file PA 07-006. NOW, THEREFORE, BE IT RESOLVED THAT: A. The foregoing recitals are true and correct and made a part of this resolution. B. The Dublin Planning Commission has reviewed and considered the draft Mitigated Negative Declaration, comments received during the public review period, the City's written responses 2 to comments, and the previous EIR and Mitigated Negative, Declaration prior to making a recommendation on the Project. C. The previous Eastern Dublin EIR and Area H Mitigated Negative Declaration together with the Project Mitigated Negative Declaration adequately describe the environmental impacts of the Project. On the basis of the whole record before it, the Planning Commission hereby recommends that the City Council find that there is no substantial evidence that the Project will have a significant effect on the environment. D. The Mitigated Negative Declaration has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. E. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the Grafton Plaza Project. BE IT FURTHER RESOLVED that based on the above findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration for the Grafton Plaza Project, consisting of Exhibits A and B, and make all required findings. PASSED, APPROVED, AND ADOPTED this 13~' day of April, 2010 by the following vote: AYES: King, Wehrenberg, Schaub, Swalwell NOES: ABSENT: Brown ABSTAIN: ~ P anni g Co mission Chair ATTEST: Plan in nager G:\PA#~2007~07-006 The Plaza\Planning Commission 4.13.10\pc reso recommending mitigated negative deGaration.DOC 3