HomeMy WebLinkAboutPCReso03-06 PA02-041 Ala Cty Site 15A NegDec/GPA/EDSPA RESOLUTION NO. 03-06
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF A
MITIGATED NEGATIVE DECLARATION FOR PA 02-041
ALAMEDA COUNTY SITE 15A
GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS
WHEREAS, the Alameda County Surplus Property Authority has requested
approval of General Plan and Eastern Dublin Specific Plan Amendments to change the
land use designations for Site 15A, an approximately 11.36 acre property located on
the northeast comer of Dublin Boulevard and Arnold Drive, from High Density
Residential to Campus Office; and
WHEREAS, the project site is in Eastern Dublin for which the City adopted the
Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive
planning framework for future development of the area. In connection with this
approval, the City certified a program 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,
broad policy alternatives, and areawide mitigation measures for developing Eastern
Dublin; and
WHEREAS, the Eastern Dublin 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 development in
Eastern Dublin; and
WHEREAS, the Eastern Dublin EIR also identified potentially significant
environmental impacts that could not be avoided by mitigation and for which the City
adopted a Statement of Overriding Considerations pursuant to CEQA; and
WHEREAS, the City prepared an Initial Study to evaluate site-specific impacts
of the Site 15A project to a greater level of detail than in the program EIR. Based on the
Initial Study, the City prepared a Mitigated Negative Declaration dated June 2001 (SCH:
1991103064, attached as Exhibit A and incorporated herein by reference) and circulated
it for public review from June 16, 2001 through July 16, 2001; and
WHEREAS, the City received ten letters commenting on the Mitigated Negative
Declaration, which letters are attached as Exhibit B and incorporated herein by reference.
Although not required by CEQA, the City prepared written responses to the comments,
which responses are attached as Exhibit C and incorporated herein by reference. The
responses provide the City's good faith, reasoned analysis of the environmental issues
raised in the comments; and
WHEREAS, following the public review period, the original applicants
withdrew from the project whereupon the Surplus Property Authority as property owner
determined to continue the application review process for the General Plan and Specific
Plan amendment portions of the application; and
WHEREAS, staff reviewed the property owner's actions pursuant to CEQA
Guidelines § 15073.5 and determined that no recirculation of the draft Mitigated
Negative Declaration was required because the document analyzed the consequences of
development pursuant to the requested land use changes; and
WHEREAS, the Planning Commission held a public hearing on the project on
March 11, 2003 at which time they reviewed and considered the Mitigated Negative
Declaration and all reports, recommendations and testimony before them; and
WHEREAS, the location and custodian of the documents which constitute the
record of proceedings for the project is the City of Dublin Community Development
Department, 100 Civic Plaza, Dublin CA 94568.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
finds as follows.
A. The foregoing recitals are true and correct and made a part of this resolution.
B. The Eastern Dublin EIR and the Mitigated Negative Declaration adequately
describe the impacts of the project. As reflected in the Mitigated Negative Declaration,
the proposed amendments would result in future urban development but at a lesser scale
than assumed and analyzed in the Eastern Dublin EIR. To the extent set forth in the
Mitigated Negative Declaration, the proposed amendments are within the scope of the
Eastern Dublin EIR. Project specific environmental effects have been analyzed in the
Initial Study/Mitigated Negative Declaration which determined that the project will not
have a significant effect on the environment with the application of mitigation measures
identified in the Eastern Dublin 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.
C. The Mitigated Negative Declaration has been completed in compliance with
CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines.
D. 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
land use amendments.
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 PA 03-0__, Alameda County Site 15A consisting of Exhibits A, B and C,
as described above, and make all required findings.
PASSED, APPROVED and ADOPTED this 11th day of March, 2003.
AYES:
Cm. Fasulkey, Jennings, Nassar, King and Machtmes
NOES:
ABSENT:
ATTEST:
Pl~n~ing Manager
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