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HomeMy WebLinkAboutReso 039-03 NegDec EG Park RESOLUTION NO. 39 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR PA02-070, EMERALD GLEN PARK, PHASE II WHEREAS, the project site is in Dublin for which the City adopted the Eastern Dublin General Plan Amendment/Specific Plan to provide a comprehensive planning framework for furore development of recreational facilities in the area. In connection with this approval, the City certified a Program Environmental Impact Report (EIR) pursuant to CEQA Guidelines, Section 15168 (SCH:91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter ("Eastern Dublin EIR or "Program EIR") which is available for review in the Planning Department and is incorporated herein by reference. The Program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, policy alternatives, and areawide mitigation measures for development within the Eastern Dublin Specific Plan Area; and WHEREAS, the Eastern Dublin Specific Plan EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93), which mitigation measures and monitoring program continue to apply to implementing projects within the Eastern Dublin Specific Plan Area; and WHEREAS, the City has reviewed construction drawings for the second phase of Emerald Glen Park, in accordance with the Emerald Glen Park Master Plan, Eastern Dublin Specific Plan EIR and the City's General Plan and pursuant to Government Code Sec. 65450 et seq.; and WHEREAS, the potential environmental effects of the proposed project have been previously addressed in the Eastern Dublin Specific Plan EIR (SCH No. 91-103064); and the project is consistent with the permitted land uses and goals of the City's Emerald Glen Park Master Plan to provide recreational facilities to the public; and WHEREAS, the City prepared an Initial Study to evaluate the environmental impacts of constructing the second phase of Emerald Glen Park as described in the Emerald Glen Park Master Plan. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program has been prepared for the project with the finding that with the implementation of mitigation measures, the potential site-specific impacts of the project would be reduced to a level of insignificance. The Eastern Dublin Specific Plan EIR adequately describes the impacts of the project, and there have been no substantial changes or new information that would be outside the scope of the Eastern Dublin Specific Plan EIR; and WHEREAS, a properly noticed 20-day public review period was held for the Mitigated Negative Declaration, which began on February 8, 2003 and ended on February 28, 2003; and WHEREAS, no letters of comment on the Mitigated Negative Declaration were received during the public review period; and WHEREAS, a Staff Report was submitted recommending that the City Council adopt a resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program for the second phase of Emerald Glen Park; and WHEREAS, the City Council did hold a properly noticed public hearing on the project on March 4, 2003 at which time they reviewed and considered the Mitigated Negative Declaration and all reports, recommendations and testimony before them. NOW, TItEREFORE, BE IT RESOLVED, that the above recitals are incorporated in this resolution. BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that: A. The proposed project is within the scope of the Program EIR Site-specific environmental effects have been analyzed in an Initial Study/Mitigated Negative Declaration which determined that the project will not have a significant effect on the environment with the implementation of mitigation measures identified in the program EIR and the Mitigated Negative Declaration. There is no substantial evidence in light of the whole record before the City that the project as mitigated will have a significant effect on the environment. B. The Program EIR and Mitigated Negative Declaration adequately describe the impacts of the project. As further discussed in the Initial Study there have been no substantial changes in the project or new information which necessitate supplementing the program EIR pursuant to CEQA Section 21166 and CEQA Guidelines Section 15162 in that 1. The proposed project complies with the land uses, densities and development policies of the Eastern Dublin GPA/SP. 2. There are no substantially changed circumstances that involve new or substantially more severe significant impacts. C. The mitigation measures identified in the Program EIR and the Mitigated Negative Declaration are included in the project description D. The Mitigated Negative Declaration has been prepared in accordance with State and local environmental laws and 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 proposed project. BE IT FURTHER RESOLVED THAT the City Council of the City of Dublin does hereby adopt the Mitigated Negative Declaration and Monitoring Program for PA 02-070, Emerald Glen Park, Phase II project, including the Initial Study incorporated herein by reference. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 4th day of March 2003, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ~ ~~>¢/~ ~~~ ( / . ABSTAIN: None .,xx//~,, C17rk K2/G/3-4-03/reso-egpark.doc (Item 7.5) G:LPA~L2002\02-070~EGP CC Reso.doc