HomeMy WebLinkAboutPC Reso05-07 Rec CC Enea Prop Starward Row NegDec
RESOLUTION NO. 05-07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM
FOR THE ENEA PROPERTIES STARWARD ROW RESIDENTIAL PROJECT CPA 04-006)
WHEREAS, the Enea Properties Company LLC, the site property owner, has requested approval
of an application for a General Plan Amendment to change the land use designation from "Retail/Office"
to "Medium-Density Residential {6.1 to 14.0 units per acre)", Planned Development District Rezoning
with a Stage 1 and Stage 2 Development Plan, Site Development Review, and, Vesting Tentative Tract
Map 7597 to subdivide a .77- acre parcel (APN 941-0173-002-02) for ten (10) single family dwellings,
and associated improvements, on land generally located north and east ofStarward Drive, and north of the
Shamrock Shopping Center; and
WHEREAS, a completed application for each of the requested actions is available and on file in
the Dublin Community Development Department; and
WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), the City prepared an
initial study consistent with CEQA Guidelines Section 15162 for the Project to assess any potential
significant environmental impacts which may result from the project. Various studies addressing
potential traffic and air quality, noise, hazardous materials and waste, and geotechnical impacts were
prepared for the project, and are briefly summarized in the Mitigated Negative Declaration in Exhibit A,
and mitigation measures were recommended which would reduce the identified potential impacts to less-
than-significant levels. Based on this, a Mitigated Negative Declaration and accompanying Mitigation
Monitoring Plan were prepared for this project. The draft Mitigated Negative Declaration with Initial
Study was filed with the Alameda County Clerk and circulated to applicable agencies for review and
comments during a 20-day review period, beginning January 5,2005 and ending January 25,2005.
Subsequent incorporation of all mitigation measures recommended by the various studies and the City's
standards for construction in the Project design, and further evaluation, has determined that the Project, as
designed and proposed, would not result in any significant adverse impacts. All potential environmental
impacts have been reduced to a less-than-significant level. As a Mitigated Negative Declaration was
prepared for the Project, State law requires a Mitigation Monitoring Program to be established and
adopted with the environmental document. The Mitigation Monitoring Program is attached to this
Resolution for adoption with this Project as Exhibit B; and
WHEREAS, a Staff Report dated January 25, 2005 was submitted to the Planning Commission
recommending Planning Commission approval of a Resolution recommending City Council adopt the
Initial Study and Mitigated Negative Declaration (Exhibit A) and the Mitigation Monitoring Program
(Exhibit B) for the proposed project; and
WHEREAS, the Planning Commission did hold a public hearing on said application on January 25,
2005; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth on January 25, 2005, and used their independent judgment.
NOW, THEREFORE, BE IT RESOL VED THAT THE Dublin Planning Commission does
hereby recommend the City Council make the following findings and detenninations, in accordance with
CEQA Guidelines Section 15074, regarding said Mitigated Negative Declaration and Mitigation
Monitoring Program:
I. The Enea Starward Row Residential project application will not have a significant effect on the
environment with the incorporation of the identified mitigation measures into the project, and
based on a review ofthe Initial Study, all comments received, and public testimony.
2. The Mitigated Negative Declaration in Exhibit A, and the Mitigation Monitoring Program in
Exhibit B have been prepared in accordance with the California Environmental Quality Act,
CEQA Guidelines Section 15162, and all State and local environmental laws and guideline
regulations.
3. On the basis of the whole record before it, the Planning Commission finds that there is no
substantial evidence that the project will have a significant effect on the environment as
mitigation measures have been incorporated into the Project and are reflected in the conditions
of approval for Vesting Tentative Tract Map 7597 and the Site Development Review for P A 04-
006 to reduce the potential significant effects to a less-than-significant level. The Mitigated
Negative Declaration reflects the City of Dublin's independent judgment and analysis based on
the studies, reports and public record before it.
4. The project is not within the boundaries of a comprehensive airport land use plan or within two
nautical miles of a public airport or public use airport.
5. The Mitigated Negative Declaration and Mitigation Monitoring Program are complete and
adequate for the project as proposed.
BE IT FURTHER RESOL VED THAT THE Dublin Planning Commission does hereby
recommend City Council adoption of the Mitigated Negative Declaration and Mitigation Monitoring
Program, attached as Exhibits A and B, for the Enea Properties Starward Row Residential Project, P A
04-006.
PASSED, APPROVED AND ADOPTED this 25th day ofJanuary, 2005.
AYES:
Chair Schaub, Cm. Biddle, Fasulkey, and Wehrenberg
NOES:
ABSENT:
ABSTAIN: Cm. King
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Planning Commission Chairperson
ATTEST:
Plannin~r
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