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HomeMy WebLinkAboutReso 123-96 MitMonitorPgm RESOLUTION NO. 123- 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR PA 96-020 WHEREAS, the Eastem Dublin General Plan Amendment ("GPA") and Eastern Dublin Specific Plan CEDSP") were adopted by the City in 1993; and WHEREAS, the EDSP provides more specific and detailed goals, policies and action programs for approximately 3313 acres within the GPA area nearest to the City; and WHEREAS, a Program Environmental Impact Report ("Program EIR") was prepared for the EDSP and GPA (SCH No. 91103604) and certified by the City Council on May 10, 1993, by Resolution No. 51-93, and two Addenda dated May 4, 1993, and August 22, 1994 CAddenda") have been prepared and considered by the City Council; and WHEREAS, on May 10, 1993, the City Council also adopted Resolution No. 53-93, adopting the GPA and EDSP, making findings as to the environmental impacts and mitigation measures relating to the EDSP and GP, and adopting a Mitigation Monitoring Program ("Program MMP") for the GPA and EDSP; and WHEREAS, the Alameda County Surplus Property Authority has requested approval of a Plan Amendment for the Eastern Dublin Specific Plan and City of Dublin General Plan for revisions to portions of the Eastern Dublin Specific Plan land use and circulation system maps and City of Dublin General Plan Land Use Map; and WHEREAS, a complete application for the Plan Amendment is available and on file in the Planning Department; and WHEREAS, the City has prepared an Initial Study and Mitigated Negative Declaration CMND'') for the project which includes a detailed matrix addressing the applicability and implementation of each of the programs in the EDSP and each of the mitigation measures in the Program MMP; and WHEREAS, the Initial Study demonstrated that the Project would have no potentially significant environmental impacts which were not adequately described and analyzed in the Program EIR and that the Project would have no significant environmental impacts with the implementation of mitigation measures either already required pursuant to the Program MMP and those additional measures identified in the Initial Study and made a part of the Mitigation Monitoring Program for the Project; and WHEREAS, a 30 day public review period was held for the MND, from August 27, 1996, through September 25, 1996; and WHEREAS, the Planning Commission held a public hearing on the project and MND during the public review period on September 24, 1996; and WHEREAS, One letter commenting on the MND was received during the comment period, a copy of which is attached to the MND, available and on file in the City of Dublin Planning Department; and WHEREAS, the City reviewed and prepared a written response to the letter of comment, a copy of which is attached to the MND; and WHEREAS, on October 15, 1996, the City Council held a duly noticed public hearing on the project, during which it considered the MND, Mitigation Monitoring Program and the General Plan Amendment and Specific Plan Amendment; and that: NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby finds resolution. The foregoing recitals are true and correct and incorporated herein as a part of this 2. Pursuant to Section 21083.3, subdivisions (b) and (e), of the Public Resources Code and pursuant to Section 15168 of the State CEQA Guidelines, the City Council finds that the Project is within the scope of the EDSP and the GPA, that the Project and all of its potentially significant environmental impacts were adequately described and analyzed in the EIR, that the Project incorporates all applicable mitigation measures identified in the Program EIR, and that all of the Project's potentially significant environmental impacts will be mitigated to a level of insignificance with the imposition of the mitigation measures identified in the Program MMP and the project specific mitigation measure identified in the Initial Study for the Project. 3. Pursuant to Section 21166 and Section 21083.3, Subdivisions (b) and (e), of the Public Resources Code, and pursuant to Sections 15162 and 15168 of the State CEQA Guidelines, the City Council finds: a) that the Project does not constitute a change from the program (i.e. the GPA and the EDSP) analyzed in the Program EIR which would require major revisions in the Program EIR; b) that there are no substantial changes in the surrounding circumstances under which th.e Project is being undertaken from those circumstances which existed when the City certified the Program EIR which would require major revisions in the Program EIR; and c) that there is no new information of substantial importance to the GPA, the EDSP, or the Project which, despite the exercise of reasonable diligence, could not have been known when the Program EIR was certified and which shows either (i) that the Project will have significant environmental effects not discussed or substantially underestimated in the Program EIR or, (ii) that there are mitigation measures or alternatives not identified as feasible in the Program EIR and not included as part of the Project which would reduce or avoid any significant environmental impacts. 4. Pursuant to section 21080, subdivision (c), of the Public Resources Code and pursuant to section 15074, subdivision (b), of the State CEQA Guidelines, the City Council (1) certifies that it has considered the Mitigated Negative Declaration, along with the one letter of comment received and the City's responses thereto; (2) finds that there is no substantial evidence in light of the whole record that the Project will have a significant effect on the environment; and (3) hereby approves the Mitigated Negative Declaration. 5. The City Council does hereby adopt the Project-specific Mitigation Monitoring Program (a copy of which is attached as Addendnm E to the Negative Declaration) as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Project, as a supplement to the Program MMP. 6. Pursuant to Public Resources Code Section 21081.6, subdivision (a) (2), the City Council specifies that the documents which constitute the record of proceedings upon which its findings and decision herein are based shall be located at City Hall, and their custodians shall be the City Clerk and the Community Development Director of the City. ADOPTED AND APPROVED this 15th day of October, 1996, by the following vote: AYES: Councilmembers Barnes, Burton, Howard, Moffatt, & Mayor Houston NOES: None ABSENT: None ABSTAIN: None MAYOR G:\PA96020\ccres