Loading...
HomeMy WebLinkAboutPC Reso 20-04 Initial Study/CEQA Addendum Prepared for Tassajara Rd Alignment projectRESOLUTION NO. 20-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL CONSIDER AN INITIAL STUDY/CEQA ADDENDUM PREPARED FOR THE TASSAJARA ROAD ALIGNMENT PROJECT AND ADOPT A RESOLUTION OF INTENTION TO ESTABLISH PRECISE ALIGNMENT FOR THE FUTURE RIGHT-OF-WAY LINES FOR TASSAJARA ROAD BETWEEN PALISADES DRIVE AND ALAMEDA-CONTRA COSTA COUNTY LIMIT LINE WHEREAS, the City of Dublin adopted Right -Of -Way Lines for Tassajara Road by Ordinance No. 20-99 and Ordinance No. 21-04; and WHEREAS, on May 10, 1993 the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (Eastern Dublin Environmental Impact Report, SCH #91103064) (the "1993 EIR") that analyzed the ultimate development of Tassajara Road at six travel lanes; and WHEREAS, in 2004, the Dublin City Council adopted an Initial Study/Mitigated Negative Declaration for a precise alignment of a future six -lane major roadway within the Eastern Dublin Planning Area (Tassajara Road/Fallon Road Ultimate Road Right -of -Way Alignment Initial Study/Mitigated Negative Declaration, SCH #2004042008) (the "2004 IS/MN"); and WHEREAS, in accordance with Municipal Code Chapter 7.68, the City of Dublin has proposed a revised alignment for portions of Tassajara Road that differs slightly from the alignment previously approved in May 2004 (the "Project"); and WHEREAS, the Project includes a programmatic change in the number of ultimate travel lanes from six lanes to four lanes for the portion of Tassajara Road as depicted on Exhibit 1, attached to this Resolution and hereby incorporated by reference; and WHEREAS, the affected segment of Tassajara Road is between Palisades Drive and the Alameda -Contra Costa County limit line; and WHEREAS, to complete the Project, the alignment of Right -Of -Way Lines on Tassajara Road between Palisades Drive and Alameda -Contra Costa County line must be adjusted; and WHEREAS, the Right -Of -Way Lines are appropriate and compatible with the existing and planned land uses and will not overburden public services; and WHEREAS, the properties through which the proposed Right -Of -Way Lines pass are within the boundary of Eastern Dublin Specific Plan and therefore will be encompassed by, and consistent with, the General Plan; and WHEREAS, precise alignment for the future Right -Of -Way Lines will not have a substantial adverse effect on safety or be substantially detrimental to the public welfare or be injurious to property or public improvements; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162 require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative; and WHEREAS, Pursuant to CEQA and the CEQA Guidelines, Dublin has completed an Initial Study/CEQA Addendum (the "Addendum") for the Project as shown in the Initial Study/CEQA Addendum for the Tassajara Road Ultimate Right -Of -Way Alignment Project prepared by Jerry Haag on January 2020 is incorporated by reference as if fully set forth herein; and WHEREAS, the Addendum concluded that the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in 1993 EIR or the 2004 IS/MN and no other CEQA standards for supplemental review are met; and WHEREAS, the Dublin Planning Commission held a public hearing on February 11, 2020 on the proposed establishment of the Right -Of -Way Lines, for which proper notice of the public hearing was given in all respects as required by law; and WHEREAS, the Dublin Planning Commission considered the Addendum as well as the 1993 EIR and 2004 IS/MN referenced above, before taking action on the Project, and the Planning Commission did further hear and consider all said reports, recommendations, and testimony hereinabove as set forth before taking any action; and WHEREAS, all of the above Resolutions and Ordinances are incorporated by reference and are available for public review during normal business hours at the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin, CA, NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that Pursuant to CEQA and the CEQA Guidelines, on the basis of substantial evidence set forth in the record, including but not limited to, the 1993 EIR, the 2004 IS/MN, the Addendum, and all related information presented to the Planning Commission, that the environmental effects of the proposed Project were sufficiently analyzed and that an Addendum is the appropriate environmental document for the proposed Project. BE IT FURTHER RESOLVED that the Project will not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the previous CEQA documents and no further environmental review under CEQA is required. BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that City Council adopt a Resolution of Intention to establish Right -Of -Way Lines for Tassajara Road between Palisades Drive and Alameda -Contra Costa County, PASSED, APPROVED, AND ADOPTED this 11th day of February 2020 by the following vote: AYES: Mittan, Benson, Thalblum, Kothari, Grier NOES: ABSENT: Wright ABSTAIN: Planning Commission Chair ATTEST: PIanY�ing Manager 3476044.2 RESOLUTION NO XX=20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CONSIDER AN INITIAL STUDY/CEQA ADDENDUM AND ADOPT A RESOLUTION OF INTENTION TO ESTABLISH PRECISE ALIGNMENT FOR THE FUTURE RIGHT-OF-WAY LINES FOR TASSAJARA ROAD BETWEEN PALISADES DRIVE AND ALAMEDA-CONTRA COSTA COUNY LIMIT LINE WHEREAS, the City of Dublin adopted Right -Of -Way Lines for Tassajara Road by Ordinance No. 20-99 and Ordinance No. 21-04; and WHEREAS, on May 10, 1993, the Dublin City Council adopted Resolution No. 51-937 certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (Eastern Dublin Environmental Impact Report, SCH #91103064) (the "1993 EIR") that analyzed the ultimate development of Tassajara Road at six travel lanes; and WHEREAS, in 2004, the Dublin City Council adopted an Initial Study/Mitigated Negative Declaration for a precise alignment of a future six -lane major roadway within the Eastern Dublin Planning Area (Tassajara Road/Fallon Road Ultimate Road Right -of -Way Alignment Initial Study/Mitigated Negative Declaration, SCH #2004042008) (the "2004 IS/MN"); and WHEREAS, in accordance with Municipal Code Chapter 7.68, the City of Dublin has proposed a revised alignment for portions of Tassajara Road that differs slightly from the alignment previously approved in May 2004 (the "Project"); and WHEREAS, the Project includes a programmatic change in the number of ultimate travel lanes from six lanes to four lanes for the portion of Tassajara Road as depicted on Exhibit 1, attached to this Resolution and hereby incorporated by reference; and WHEREAS, the affected segment of Tassajara Road is between Palisades Drive and the Alameda -Contra Costa County limit line; and WHEREAS, to complete the Project, the alignment of Right -Of -Way Lines on Tassajara Road between Palisades Drive and Alameda -Contra Costa County line must be adjusted; and WHEREAS, the Right -Of -Way Lines are appropriate and compatible with the existing and planned land uses and will not overburden public services; and WHEREAS, the properties through which the proposed Right -Of -Way Lines pass are within the boundary of Eastern Dublin Specific Plan and therefore will be encompassed by, and consistent with, the General Plan; and WHEREAS, precise alignment for the future Right -Of -Way Lines will not have a substantial adverse effect on safety or be substantially detrimental to the public welfare or be injurious to property or public improvements; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162 require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative; and WHEREAS, Pursuant to CEQA and the CEQA Guidelines, Dublin has completed an Initial Study/CEQA Addendum (the "Addendum") for the Project as shown in the Initial Study/CEQA Addendum for the Tassajara Road Ultimate Right -Of -Way Alignment Project prepared by Jerry Haag on January 2020 is incorporated by reference as if fully set forth herein; and WHEREAS, the Addendum concluded that the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in 1993 EIR or the 2004 IS/MN and no other CEQA standards for supplemental revisions are met; and WHEREAS, the Planning Commission, after hearing and considering all said reports, recommendations and testimony at a public hearing on February 11, 2020, adopted Resolution 20- _, recommending that the City Council adopt a Resolution of Intention. NOW, THEREFORE, BE IT RESOLVED that Pursuant to CEQA and the CEQA Guidelines, on the basis of substantial evidence set forth in the record, including but not limited to, the 1993 EIR, the 2004 IS/MN, the Addendum, and all related information presented to the City Council, that the environmental effects of the proposed Project were sufficiently analyzed and that an Addendum is the appropriate environmental document for the proposed Project. BE IT FURTHER RESOLVED that the Project will not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the previous CEQA documents and no further environmental review under CEQA is required. BE IT FURTHER RESOLVED that the City Council hereby adopts this Resolution of Intention and calls for a public hearing pursuant to Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code, at 7:00 p.m. on , 2020, in the City of Dublin City Council Chambers, 100 Civic Plaza, Dublin, California, to hear protests and objections to the establishment of the proposed Right -Of -Way lines as depicted on the legal description and plat attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is directed to post this Resolution of Intention in accordance with Section 7,68.070 of the Dublin Municipal Code at least 10 days before the public hearing. PASSED, APPROVED, AND ADOPTED this day of AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 3476237.1 2020 by the following vote: Mayor 0141 AV * 00�1 LEGENDt EXHIBIT 1 ��.�.-----"' PROPOSER REVI5ED ALIGNMENT OF ' TASSAJARA ROAD -' "PALISADES DR6 LANES SEGMENT OF FUTURE TASSAJARA RD. THAT WILL BE REDUCED FROM 6- TO 4-LANES RDAD 1 =GkN 1 HAL PKWY. DUBLIN LANES �- Source: City or Dublin 19702-020 1/28/2020 Page 1 of 3 EXHIBIT A DESCRIPTION LANDS OF SINGH FAMILY PROPERTIES LP TO BE CONVEYED TO THE CITY OF DUBLIN FOR TASSAJARA ROAD WIDENING DUBLIN, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CIT"�' OE DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF SINGH FAMILY PROPERTIES LP, AS DESCRIBED IN DOCUMENT SERIES NO.2006392818, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH CORNER OF PARCEL B OF THAT CERTAIN MAP ENTITLED "TRACT NO. 8133" RECORDED IN BOOK 343 OF MAPS AT PAGES I I THROUGH 19, ALAMEDA COUNTY RECORDS, COMMON TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF TASSA7ARA ROAD, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SAID LANDS OF SINGH FAMILY PROPERTIES LP, THENCE ALONG SAID WESTERLY LINE OF SAID TASSA7ARA ROAD, ALONG A NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 833.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 56053'23" EAST, HAVING A CENTRAL ANGLE OF 18013144" AND AN ARC LENGTH OF 265,02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY' LINE THE FOLLOWING TWO (2) COURSES: 1, ALONG ANON -TANGENT CURVE TO THE RIGI-IT WITH A RADIUS OF 833.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 75°07'07" EAST, HAVING A CENTRAL ANGLE OF 20057'08" AND AN ARC LENGTH OF 304.62 FEET; 2, NORTH 06004115" EAST, 72.56 FEET TO TI-IE NORTHEAST CORNER OF SAID LANDS OF SINGH; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS OF SINGH FAMILY PROPERTIES LP THE FOLLOWING TWO (2) COURSES: 1, SOUTH 73050'31" WEST, 4.78 FEET; 2, THENCE SOUTH 73 052'02" WEST, 162.5 I FEET; THENCE LEAVING SAID NORTHERLY LINE AND ENTERING SAID LANDS OF SINGI-I FAMILY PROPERTIES LP THE FOLLOWING TWO (2} COURSES: I. SOUTH 25042'31"EAST, 368.54 FEET; 2. NORTH 75007'07"EAST3 I6.99 FEET TO THE POINT OF BEGINNING. CONTAINING 28,696 SQ. FT MORE OR LESS PORTION OF APN 986-0004-00I-00 END OF DESCRIPTION P:\19702\SRV\Mapping\Desc\19702_ROW DEDICATION-7,doc 19702-020 1/28/2020 Page ZOO 3 PREPARED BY: IAN STATE �ONALD SURVEYOR NO. 8817 CAI,I>?ORNIA ti� LAND sG No.8817 p �' C7 .\ / DATE P:\19702\SRV\Mapping\i�esc\19702_ROW DEDICATION-7.doc 0 EXHidlI "A" PAGE 3 or 3 Curve Table Curve 4 Radius Delta Length 01 3000,00, 0015'03" 13.13' '3I" `' \\� SEE D TAIL "A" � THIS SqE(~T co \Vo� ,0 co o o \ a �a\Oi PROPERTIES LP �VN 9a6-0004-001-00BEA7IES NO. 200639281a P.O.B. P.O.C. EX PROP R/W SF 28,696-!� SF a �� \ cp\a P.O.B EX R/W BOUNDARY OF DESCRIPTION EXISTING RIGHT OF WAY LINE EXISTING PROPERTY LINE CONTROL LINE COUNTY LINE ANGLE POINT POINT OF BEGINNING POINT OF COMMENCEMENT EXISTING PROPOSE RIGHT OF WAY SQUARE FEET RADIAL BEARING ``p" w �s�, \ \ P.O,C PARCEL S TRACT 8133 343 M. I I Line Table Line # Bearing Length L1 N6°0�4'15"E 72.56' L2 N75°07'07"E 16.99` PARCEL C 7RAcr a102 M. 60�70 wz VA \ PLAT TO ACCOMPANY LEGAL DESCRIPTION LANQS OF STNGH FAMILY PROPERTIES LP TO BE CONVEYEQ TO THE CITY OF gUBLIN FOR TASSAJARA ROAp WIDENING CALIFORNIA CITY OF OUBLTN