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HomeMy WebLinkAboutPC Reso04-33 PA02-063 Rec CC Bancor Prop NegDec RESOLUTION NO. 04 - 33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE BANCOR PROPERTIES SAN RAMON VILLAGE PLAZA PROJECT PA 02-063 WHEREAS, Bancor Properties (Applicant/Developer), on behalf of Morey Greenstein, Trustee and Manager for Oliver Properties, LLC (property owner) has requested a General Plan Amendment to change the land use designation to Mixed-use -, a PD rezoning with Stage 1 and Stage 2 Development Plan (DP) for the entire San Ramon Village Plaza site; a Stage 2 DP for development of 56 medium- high density dwelling units and redevelopment of 14,377 sq. ft. of retail office building space and related parking area, a Vesting Tentative Map and Site Development Review for the entire project, which applications are on file in the Planning Division. The applications are collectively known as the "Project"; and WHEREAS, the San Ramon Village Plaza property consists of approximately 4.62 acres generally located east of San Ramon Boulevard between Bellina Street and Alcosta Boulevard, APN#941- 0164-001-04 & 941-0164-003-03 (A) (B), in the Dublin General Plan area; and WHEREAS, an Initial Study has been prepared to analyze the potential impacts of the project pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program have been prepared for the project with the finding that with the implementation of Mitigation Measures contained in the Initial Study, the potential impacts of the project would be reduced to a level of insignificance; and WHEREAS, the draft Mitigated Negative Declaration, including the Initial Study, was circulated for public review as required by CEQA. The draft Mitigated Negative Declaration, including the Initial Study, is attached as Exhibit A and incorporated herein by reference; and WHEREAS, the City received one comment letter on the project during the public review period, and prepared written responses to the comments. The comments and responses are attached as Exhibit B and incorporated herein by reference. The draft Mitigated Negative Declaration, including the Initial Study, and the comments and responses together are the Mitigated Negative Declaration for the project and WHEREAS, the City reviewed all the comments and responses and determined that recirculation of the Mitigated Negative Declaration was not required; and WHEREAS, a Staff report, dated April 13, 2004 and incorporated herein by reference, described and analyzed Mitigated Negative Declaration and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the Staff report and the Mitigated Negative Declaration at a noticed public hearing on April 13, 2004 and May 11, 2004 at which time all interested parties had the opportunity to be heard; and WHEREAS, a Mitigation Monitoring Program, as required by CEQA, is contained in attached Exhibit A-2 and incorporated herein by reference; and WHEREAS, the Mitigated Negative Declaration reflects the City's independent judgment and analysis on the potential for environmental impacts and constitutes the environmental review for the Bancor San Ramon Village Project. NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this resolution. 1. The Mitigated Negative Declaration for the Bancor San Ramon Village Plaza Project has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. 2. On the basis of the whole record before the City, including the Mitigated Negative Declaration as described above, there is no substantial evidence that the Bancor San Ramon Village Plaza Project will have a significant effect on the environment. 3. The Mitigated Negative Declaration, as described above, was presented to the Planning Commission who reviewed and considered the information therein prior to recommending approval of the Project. 4. The Mitigated Negative Declaration, as described above, reflects the City's independent judgment and analysis on the potential for environmental effects of the Bancor San Ramon Village Plaza Project. 5. The custodian of the documents and other materials which constitute the record of proceedings for the Bancor San Ramon Village Plaza Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, Attn: Jeri Ram, Planning Manager. BE IT FURTHER RESOLVED THAT the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration consisting of Exhibits A and A-l, and adopt the Mitigation Monitoring Program consisting of Exhibit A-2. BE IT FURTHER RESOLVED that the previously approved Resolution #04-27 dated April 13th is hereby rescinded. PASSED, APPROVED, AND ADOPTED this 1 lth day of May, 2004 by the following vote: AYES: Cm. Fasulkey, King, and Machtmes NOES: ABSENT: ABSTAIN: Cm. Jennings, and Nassar ATTEST: Pla~r .A~lannin[ Co~r~nis}ioner-C~ G:\PA#k2002\02-063 Bancor Alcosta Site\PCkPC 5-11-04\bancorSRV.pc.mnd.rev.doc