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 ~ ~~>¢/~ ~~~
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ABSTAIN: None .,xx//~,,
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K2/G/3-4-03/reso-egpark.doc (Item 7.5) G:LPA~L2002\02-070~EGP CC Reso.doc