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HomeMy WebLinkAboutReso 005-95 NegDecl SantaRitaRESOLUTION 5 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION APPROVING NEGATIVE DECLARATION AND MAKING FINDINGS REGARDING ENVIRONMENTAL IMPACTS CONCERNING THE SANTA RITA COMMERCIAL CENTER WHEREAS, the Eastern Dublin General Plan Amendment "GPA") and Specific Plan ("SP") were adopted by the City in 1993; and WHEREAS, the GPA outlines future land uses for approximately 4176 acres within the City's eastern sphere of influence including approximately13.,906 dwelling units and 9.737 million square feet of commercial, office, and industrial development; and WHEREAS, the SP provides more specific and detailed goals, policies and action programs for approximately 3313 acres within the GPA area nearest to the City; and WHEREAS, the GPA and SP areas ("Eastern Dublin") are shown on the Land Use Map contained in the GPA (attached hereto as. Exhibit A) and exclude the area shown on the Land Use Map as "Future Study Area/AgriCulture"; and WHEREAS, a Program Environmental impact Report'("Program EIR") was prepared for the GPA and SP (SCH No. 91103604) and certified by the Council on May 10,1993 by Resolution No. 51- 1 93, and two Addenda dated May 4, 1993 and August 22; 1994 ("Addenda") have been prepared and considered by the Council; and WHEREAS, on May 10, 1993, the Council also adopted Resolution No. 53-93, adopting the GPA and SP, making findings as to the environmental impacts and mitigation measures relating to the GPA and SP, and adopting a Mitigation Monitoring Program ("Program MMP") for the GPA and SP; and WHEREAS, Homart Community Centers ( "Homart" ) and the Surplus Property Authority of the County of Alameda ("County") have proposed development of the Santa Rita Commercial Center ("the Project") on approximately 75acres within Eastern Dublin, in the location shown on the map attached hereto as Exhibit B; and WHEREAS, the Project consists of development of an approximately 800,000 square foot commercial center to include retail shops, offices, movie theatres, restaurants, and/or similar commercial uses; and WHEREAS, development of the Project will require certain discretionary implementary actions by the City, including rezoning approximately 75 acres from Planned Development -- Business Park/Industrial (low coverage) to a standard Planned Development consistent with the GPA and SP ("Rezoning"), approval of a Development Agreement with Homart and the County ("Development Agreement"), approval of a Tentative Parcel Map, and Site Development Review; and WHEREAS, in November, 1994, the City prepared an Initial Study for the Project, as designed, which consisted of a project description, and environmental checklist with supporting J~N-19-35 THU 12:30 analysis, and a detailed matrix addressing the applicability and implementation of each of th~ programs in the SP and each of the mitigation measures in the Program MMP, and the City amended chic Initial Study on November 22, 1994, to include a Project-specific Traffic I~pact Analysis prepared by BarLon-Aschman AssOCiateS, inc. ("Traffic Impact Analysis")': and WHEREAS, the Initial Study demonstrated that ~he Project, as designed, would have no potentially significant environmental impacts which were not adequately described and analyzed in the Program EIR (with the exception of Site-speCific traffic impacts analyzed in the Traffic Impact ~-~!ysis), and that the Projec~ would have no significant environmental impacts with the implementation of mitigation measures already required pursuant to the Program MMP and those additional site-specific traffic measures identified in the Traffic impact Analysis; and WHERfEAS, prior to November 22, 1994, Homart and abe County agreed with City staff to implement the site-specific traffic measures idcnti£ied in the Traffic Impact AnalySis, aS well as all of the mitigation measures required under the Program MMP; and WHEREAS, on November 22, Z994, the.City circulated a Mitigated Negative DeClaratiOn for the Project (which included th~ Initial Study), a copy of Which is attacked as Exhibit C ~O the January 23, 1995, City Council. Agenda Report ("Negative Dcc!aration")~ and WBiEREAS, the Negative Declaration was'circulated for public review and comment from November 22, 1994 through December 23, I~94; and WHEREAS, three letters commentingon the Negative Declaration were received during the comment period, copies of which are attached as Exhibit D to the January 23, 1995, City Council Agenda Report; and WHEREAS, the City reviewed and prepared a written response to the three letters of comment, a copy of which is attached as Exhibit E to the January 23, 1995, City Council Agenda Report; and WHEREAS, the~Planning Commission held public hearings on the Project, particularly on the Rezoning on December'19, 1994, and January 3 and 17, 1995, and on the Development Agreement on January 17, 1995, and adopted Resolution No. 95-01 recommending that the City Council approve the Negative Declaration, Resolution No. 95-02 recommending that the City Council adopt the Rezoning, and Resolution No. 95-03 recommending that the City Council approve the Development Agreement; and WHEREAS, on January 23, 1995, the City Council held a duly noticed public hearing on the Project, during which it considered the Agenda Statement, the General Plan, the GPA~ the SP, the Program EIR, the Addenda, the Negative Declaration, the three letters of comment on the Negative Declaration and the City's written responses thereto, all related correspondence received and the testimony received at the hearing, the recommendation of the Planning Commission, and other items in the administrative record; NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 4 Section 1. The City Council finds that the foregoing Recitals are true and correct and are incorporated herein as a part of this resolution. Section 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 SP 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 site-~ specific traffic mitigation measures identified in the Traffic Impact Analysis. Section 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: (1) that the Project does not constitute a change from the program (i.e. the GPA and the SP) analyzed in the PrOgram EIR which would require major revisions in the Program EIR, (2) that there are no substantial changes in the surrounding circumstances under which the Project is being undertaken from those circumstances which existed when the'City 5 certified the Program EIR which would require major revisions in the Program EIR, and (3) that there is no new information of substantial importance to the GPA, the SP, or the Project which, despite the exercise of reasonable diligence, Gould not have been known when · r the Program EIR was certified and which shows elthe (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. Section 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 Negative Declaration, along with the three letters 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 Negative Declaration. Section 5. The City COuncil does hereby adopt the Project- specific Mitigation Monitoring Program (a copy of which is attached as Exhibit F to the January 23, 1995, City Council AgendaReport) 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 Section 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, the Planning Director and the Public Works Director of the City. ADOPTED AND APPROVED this 23rd day of January , 1.995, by the following vote: AYES: NOES: None ABSENT: None ABSTAIN: None ATTEST: . · Councilmembers Barnes, Burton, Howard, Moffatt & Mayor HouSton 114\resol\52\ceqa 7 /"1 . ~-'°" i,..A ' -~ ....- ~_,~,,~ .............} L 1 .... '~'~'::' ""' ' FUTURE STUDY AREA /. I · ~ "':':_{' ' ':" :,::'. ~ L:... !"."":~'-~, :":' ~ .. i ~" I ~ ' "' ' "- ......... I ~'.,~}" ~ } i ' I I I I General Commercial may be permitted by a Planned Development Zoning Process Csee text for Complete discussion ) Will convert to Future Study Area/Agriculture ,/,,here determined inconsistent with APA (see text for complele discussion ) General Plan -EaStern EXtended Planning Area LAND USE MAP Legend COMMERCIAL Neighborhood Commercial General Commercial Campus Off~;e Industrial Park RESIDENTIAL High Density 25- du/ac · ~ Medium-High Density 14-25 du/a ) ~ Medium Density 6-14 cb/ac i"'Q Low Density 0-6 dj/ac ~ Rural ResidentiaVAgriculture 1 du/lOO ac PUBLIC/SEMI-PUBLIC/OPEN ~ Public/Semi-Pubr~c Facility ~ Elementary School 4~ Junior High School ~ High SchoOl ~) Public/Semi-Public ~ Parks & Recreation ~ City Park (~ Community Park ~ Neighborhood Park ~ Neighborhood Square Open Space Stream Corridor CIRCLILATION ~ Arterial Street .... Collector Street .........Transit S,c~e , ----- SOl Boundary ,1 .... General Plan Amendment Study Area~- Specific Plan Study Area EASTERN DUBLIN May 10, t993 Wallace Rober~s & Todd Figure 2B VICLNITY MAP ~.T.S.)