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HomeMy WebLinkAbout8.2 Attch 2, Exh A ResoAdoption forNegDec/ClimateActPlan RESOLUTION NO. XX-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR THE CITY OF DUBLIN CLIMATE ACTION PLAN WHEREAS, on July 17, 2007, the Dubiin City Council passed Resolution 139-07 approving participation in the Climate Protection Project for Alameda County jurisdictions; and WHEREAS, the City of Dublin committed to ICLEI's five milestone methodology for reducing greenhouse gas (GHG) emissions within the City, which includes the development of a Climate Action Plan for reducing GHG emissions; and WHEREAS, in June 2010, the Bay Area Air Quality Management District (BAAQMD) adopted CEQA air quality thresholds of significance for use within its jurisdiction, which included an emission level threshold and an efficiency threshold for GHG emissions for development projects; and WHEREAS, alternatively, under CEQA and the BAAQMD CEQA thresholds, a City may prepare a qualified GHG Reduction Strategy or Climate Action Plan to evaluate a community's cumulative impact due to GHG emissions from future planned development; and WHEREAS, if a project is consistent with an adopted, qualified GHG Reduction Strategy or Climate Action Plan, the Strategy/Plan can be used as the basis for determining that the project would have a less than significant impact on a community's cumulative GHG emissions under CEQA; and WHEREAS, the Fiscal Year 2010/2011 City Council Goals and Objectives includes as a high priority goal, the creation of a Climate Action Plan; and WHEREAS, the City of Dublin has contracted with AECOM to assist Staff in preparing the Draft Climate Action Plan; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, an Initial Study was prepared for the Climate Action Plan; and WHEREAS, upon completion of the Initial Study it was determined that there was no substantial evidence that the Climate Action Plan would have a significant adverse effect on the environment and a Negative Declaration should be prepared; and WHEREAS, an Initial Study/Negative Declaration was prepared and circulated for public review from July 7, 2010 to August 5, 2010; and EXHIBIT A TO ATTACHMENT 2 WHEREAS, the City of Dublin received six comment letters during the public review period, but only one letter (the letter from the Bay Area Air Quality Management District dated August 5, 2010) raised concerns; and WHEREAS, the City of Dublin worked cooperatively with BAAQMD and made minor modifications to the Climate Action Plan and Negative Declaration to address the concerns outlined in the BAAQMD letter dated August 5, 2010. The minor modifications to the Negative Declaration do not require recirculation under CEQA Guidelines Section 15073.5; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Draft Climate Action Plan and Negative Declaration on October 26, 2010 and adopted Resolution 10- XX recommending that fhe City Council adopt the Negative Declaration; and WHEREAS, the City Council held a properly noticed public hearing on the Draft Climate Action Plan and Negative Declaration on , 2010; and WHEREAS, a Staff Report was submitted recommending that the City Council adopt the Negative Declaration; and WHEREAS, the City Council did review and consider the Initial Study/Negative Declaration and related comments and responses, all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the Negative Declaration; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings for the Climate Action Plan is the City of Dublin City Manager's Office, 100 Civic Plaza, Dublin, CA 94568, Attn: Martha Aja. 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 City of Dublin City Council does hereby adopt the Negative Declaration attached as Exhibit , based on the following findings: 1. The City Council considered the Negative Declaration together with the comments received during the public review process prior to taking action on the Climate Action Plan. 2. The City Council finds on the basis of the whole record before it that there is no substantial evidence that the Climate Action Plan will have a significant effect on the environment. 3. The Negative Declaration reflects the City's independent judgment and analysis as to the potential environmental effects of the Climate Action Plan. 4. The Negative Declaration has been completed in compliance with CEQA and tFie CEQA Guidelines. 2of3 PASSED, APPROVED AND ADOPTED this _ day of 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G. I PA#110/OlDublin Climnte Action P[an & Neg Decl PC Mee[ing 10.26/OlDraft CC Reso / 0.26. ! 0 Neg Dec. rloc 3 of 3