Loading...
HomeMy WebLinkAboutPC Reso04-08 PA02-003 Rec CC AMB/West Dublin Transit Village NegDec RESOLUTION NO. 04 - 08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE LEGACY PARTNERS/AMB TRANSIT VILLAGE PROJECT PA 02-003 WHEREAS, AMB/Legacy Partners submitted applications for a Transit Village project consisting of a multi-story structure containing a maximum of 304 multi-family dwellings, a separate multi-level approximately 150,500 square foot office building, and associated landscaping, parking and small retail uses, on approximately 9.06 acres north of 1-580, on the existing Cor-O-Van Moving and Storage warehouse site. The development includes applications for a PD Planned Development rezoning and related Stage 2 Development Plan, Vesting Tentative Parcel Map, Site Development Review, and Development Agreement. The applications are collectively known as the "Project"; and WHEREAS, the Project site is relatively flat and fully developed with a moving and storage warehouse operation; and WHEREAS, the Project site is in the Dublin downtown area and within the planning area for the West Dublin BART Specific Plan ("Specific Plan"). The Specific Plan is one of three downtown specific plans approved by the City on December 19, 2000 and intended to improve the appearance, functionality, and economic vitality of the downtown area, particularly in recognition of a planned BART station adjacent to the Project site. (See Resolution 00-227, incorporated herein by reference). The Specific Plan includes permitted land uses, development standards, urban design guidelines, transportation improvements and implementation programs to achieve the City's General Plan goals. The effects of implementing the Specific Plan and related general plan amendments were reviewed in a Negative Declaration which was properly circulated for public review and adopted by the City Council on December 19, 2000 (See Resolution 00-227, incorporated herein by reference). The City subsequently rezoned the Project site to PD Planned Development and adopted a related Stage 1 Development Plan on June 4, 2002, based on the prior adopted Negative Declaration. The Negative Declaration is available for review in the Planning Department and is incorporated herein by reference; and WHEREAS, the Specific Plan was prepared as a self-mitigating plan. Upon adoption of the Negative Declaration, the City found that the Specific Plan and associated actions would not have a significant effect on the environment because mitigation was incorporated into the Plan as part of the Plan implementation (Resolution 00-227). In this context, the Specific Plan policies, standards and programs act as mitigations that must be included in subsequent implementing developments, such as the Project. The Project is consistent with and implements the Specific Plan land uses, policies, standards, guidelines and programs; and WHEREAS, the City prepared an Initial Study dated November 6, 2003 for the Project consistent with CEQA Guidelines section 15162 and determined that the Project would not result in any significant adverse impacts. Although not required by CEQA, the City prepared a draft subsequent Mitigated Negative Declaration pursuant to CEQA Guidelines section 15162 to examine how the Specific Plan policies, standards and programs were included in the Project, and thus how prior adopted mitigation established in the Specific Plan would be implemented. The draft Mitigated Negative Declaration and Initial Study are attached as Exhibit A and incorporated herein by reference; and WHEREAS, the draft Mitigated Negative Declaration was circulated for public review from November 10, 2003 to December 2, 2003. The City received one comment letter on the Project, from Adams Broadwell Joseph & Cardozo, dated December 2, 2003. Although not required by CEQA, the City prepared written responses to all the comments in a Responses to Comments document dated February 10, 2004. The comment letter and responses are attached as Exhibit B and incorporated herein by reference. The comment letter included a substantial amount of background materials that are on file and available for review in the Planning Department; and WHEREAS, the responses provide the City's good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, the City carefully reviewed the comments and written responses and determined that no subsequent EIR-level review of the document was warranted, that the prior Negative Declaration and the Project Mitigated Negative Declaration adequately identified and analyzed the Project's environmental impacts, and that the comments and responses did not constitute or require substantial revisions to the Mitigated Negative Declaration. On these bases, the City determined that no recirculation of the Mitigated Negative Declaration was required pursuant to CEQA Guidelines section 15073.5; and WHEREAS, a Staff report, dated February 24, 2004 and incorporated herein by reference, described and analyzed the draft Mitigated Negative Declaration, including comments and responses, and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report, the draft Mitigated Negative Declaration, including comments and responses, at a noticed public heating on February 24, 2004 at which time all interested parties had the opportunity to be heard; and WHEREAS, the draft Mitigated Negative Declaration, including comments and responses, reflects the City's independent judgment and analysis on the potential for environmental impacts from the AMB/Legacy Partners Transit Village Project; and WHEREAS, the location and custodian of the draft Mitigated Negative Declaration, including comments and responses, 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 PA 02-003. NOW, THEREFORE, BE IT RESOLVED THAT: A. The foregoing recitals are tree and correct and made a part of this resolution. B. The Dublin Planning Commission has reviewed and considered the draft Mitigated Negative Declaration, comments received during the public review period, and the City's written responses to comments prior to making a recommendation on the Project. C. The prior Negative Declaration for the West Dublin BART Specific Plan and the Mitigated Negative Declaration adequately describe the environmental impacts of the Project. On the basis of the whole record before it, the Planning Commission hereby recommends that the City Council find that there is no substantial evidence that the Project will have a significant effect on the environment. 2 D. The Mitigated Negative Declaration has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. E. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the AMB/Legacy Partners Transit Village Project. 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 02-003, consisting of Exhibits A and B above, and make all required findings. PASSED, APPROVED, AND ADOPTED this 24th day of February 2004 by the following vote: AYES: Cm. Fasulkey, Nassar, and Machtmes NOES: ABSENT: ABSTAIN: Cm. King AT2 Community Development Director G:paX2002\pa 02-003~PC-RESO MitNegDec 3