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HomeMy WebLinkAbout8.1 Attch 2 Exh A CC Reso for Iron Horse Project RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT REZONE WITH A RELATED STAGE 112 DEVELOPMENT PLAN FOR THE FUTURE IRON HORSE NATURE PARK AND OPEN SPACE PROJECT PLPA-2013-00044 WHEREAS, the City Council has entered into a Purchase and Sale Agreement to acquire approximately 12.13 acres of land from Union Pacific Railroad with the intent of developing a public park; and WHEREAS, Zone 7 Water Agency owns approximately 22.8 acres adjacent to the proposed future park site that may be restored for and enhanced for open space and stream corridor uses; and WHEREAS, the implementation of the future park project requires a General Plan Amendment to re-designate the proposed park site from having no General Plan land use designation to Parks/Public Recreation and to re-designate the Zone 7 parcels from having a split General Plan land use designation of Undesignated/Stream Corridor to Open Space/Stream Corridor; and WHEREAS, the implementation of the future park project requires that the park site be rezoned from "Unclassified" to "Planned Development" while the Zone 7 parcels do not require any rezoning action; 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 Project, which includes a General Plan Amendment, Planned Development Rezone, amendment to the citywide Parks and Recreation Master Plan, and construction of a linear park, potential South San Ramon Creek realignment, and potential Iron Horse Regional Trail realignment on approximately 35 acres of land (12 acres to be owned by the City of Dublin as the public park and 23 acres owned by Zone 7 Water Agency) and WHEREAS, upon completion of the Initial Study it was determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures identified in the document will reduce impacts to a less then significant level. A Mitigated Negative Declaration dated August 2, 2013 was prepared and circulated with the Initial Study; and WHEREAS, the Initial Study/Mitigated Negative Declaration ("Mitigated Negative Declaration") was circulated for public review from August 5, 2013 to September 4, 2013 (Exhibit A-1); and 1 of 3 EXHIBIT A TO ATTACHMENT 2 WHEREAS, the City of Dublin received two comment letters during the public review period that have been incorporated into the Response to Environmental Comments dated September 5, 2013 (Exhibit A-2); and WHEREAS, a Staff Report was submitted recommending that the Planning Commission adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration and approve the Project; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Proposed Project on September 10, 2013 at which time all interested parties had the opportunity to be heard, and adopted Resolution xx-xx (incorporated herein by reference) recommending that the City Council adopt a Mitigated Negative Declaration; and WHEREAS, the City Council held a properly noticed public hearing on the Project on at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report (incorporated herein by reference) was submitted recommending that the City Council adopt the Mitigated Negative Declaration and approve the Project; and WHEREAS, the City Council did review and consider the Mitigated Negative Declaration, all said reports, recommendations and testimony herein above set forth prior to taking action on the Project; and WHEREAS, the Mitigated Negative Declaration and related project and environmental documents, and all of the documents incorporated herein by reference, are available for review in the City Planning Division a Dublin City Hall, file PLPA-2013-00044 during normal business hours. The location and custodian of the draft Mitigated Negative Declaration and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA, 94568, file PLPA-2011- 00050. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED as follows: A. The Dublin City Council has reviewed and considered the draft Mitigated Negative Declaration including comments received during the public review period, prior to acting on the Project. B. The Mitigated Negative Declaration adequately describes the environmental impacts of the Project. On the basis of the whole record before it, the City Council finds that there is no substantial evidence 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. 2of3 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 Project. BE IT FURTHER RESOLVED that based on the above findings, the City Council adopts the Mitigated Negative Declaration for PLPA-2013-00044, consisting of the Initial Study/Negative Declaration (attached as Exhibit A-1) and the Response to Environmental Comments (attached as Exhibit A-2), and adopts the Mitigation Monitoring and Reporting Program (attached as Exhibit A-3), all of which are incorporated herein by reference. PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3 of 3