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HomeMy WebLinkAboutReso 204-00 QuarryNegDeclRESOLUTION NO. 204 -00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM AND RESPONSE TO COMMENTS FOR PA 99-064 WHEREAS, the applicant, Dr. Sabfi Arac of Quarry Lane School has requested approval of a Planned Development (PD) Prezoning and Annexation of an area of approximately 15 acres generally located north of the City Limits at 6363 and 6237 Tassajara Road within the Eastern Dublin Specific Plan area (APN: 985-0002-006-01,985-0002-005-01 and 005-02.); and WHEREAS, the General Plan Amendment C'GPA2') and Eastem Dublin Specific Plan C~__X)SP'') were adopted by the City in 1994; and WHEREAS, the EDSP provides more specific and detailed goals, policies and action programs for approximately 33 13 acres within the GPA area nearest to the City on its Eastern side; and WHEREAS, a Program Environmental Impact Report C'Program ELK,) was pxepared fox 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 adopted by the City Council and are hereby incorporated by reference; and WHEREAS, onMay 10, 1993,the City Council also adopted ResolntionNo. 53-93, adopting the GPA and EDSP, making findings and adopting overriding considerations as to the environmental impacts and mitigation measures relating to the EDSP and GPA, and adopting a Mitigation Monitoring Program C?rogram MMP") for the GPA and EDSP which resolution is hereby incorporated by reference; and WHEREAS, an Initial. Study has been pxepared for the project to evaluate s~te,specific impacB of the project, to a greater level of detail than in the Program EIR, pursuant to CEQA guidelines Section 15168. Based on the Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared for the project with the finding that with the implementation of Mitigation Measures previously adopted fox the Program ErR and with site specific Mitigation Measures contained in the Initial Study, the potential site-specific impacts of the project would be reduced to a level of insignificance. The Program EIR and Initial Study adequately describe the impacts of the project, and there have been no substantial changes or new information which would necessitate supplementing the Program EIR pursuant to Public Resources Code section 21166 and CEQA guidelines Section 15162; and WHEREAS, a complete application for the project is available and on file in the Planning Department; and WHEREAS, a 20 day public rex~ew period was held for the Mitigated Negative Declaration~ from July 19, 2000 through August 7, 2000; and WHEREAS, a total of four comment letters have been received during the public review period from the Attorney representing the adjacent property owner and local and State agencies; and WHEREAS~ all pertinent comments have been responded to and have become part of the Response to Comments attached as Attachment 9 to the staff report for PA 99-064; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said application on August 8, 2000 and on August 22, 2000 did adopt a Resolution recommending that the City Council adopt a Mitigated negative Declaration, Mitigation Monitoring P~ogmm~ and the Response to Comments for PA 99-064; and WHEREAS, a properly noticed public hearing was held by the City Council on November 21, 2000; and WHE R E A S, a S taft Report was submitted recommending that the City Council_ adopt a Mitigated Negative Declaration, Mitigation Monitoring Program and the Response to Comments for PA 99-064; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby find that: 1. The project is within the scope of the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064). Site-specific environmental affects have been analyzed in the Initial Study prepared for the project and circulated for public review. The project will not have a significant effect on the environment with. the application of Mitigation Measures identified in the Program EIR and in the Initial Study, All pertinent comments received during the public comment period have been responded to and have become part of the Response to Comments document, TheMitigated Negative Declaration, MitigationMonitoring Program, and the Response to Comments have been prepared in accordance with State and local environmental laws and guidelines. 4. The Mitigated Negative Declaration, Mitigation Monitoring Program, and the Response to Comments are complete and adequate. BE IT FURTHERRESOLVED THAT THE Dublin City Council does hexeby adopt a Mitigated Negative Declaration, Mitigation Monitoring Program and Response to Comments for PA 99-064, the Mitigation Monitoring Program is attached as Attachment 10 to the Staff Report, the Initial Study/Mitigated Negative Declaration is attached as Attachment 8 to Staff Report and the Responses to Comments is attached as Attachment 9 to Staff Report are incorporated herein by reference. BE IT FURTHER RESOLVED THAT THE location and custodian of the documents or other materials which constitute the record of proceedings upon which the subject decision is based is: Community Development Director, Dublin Civic Center, 100 Civic Plaza, Dublin. PASSED, APPROVED AND ADOPTED this 5th day of December, 2000. AYES: NOES: ABSENT: None ABSTAIN: None Councilmembers Lockhart and Oravetz and Mayor Houston Councilmembers McCormick and Zika Mayor g~pa99-064\CCRESOmnd 2