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HomeMy WebLinkAboutPC Reso05-32 Adpt NegDecl Fallon Rd RESOLUTION NO. 05 - 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION AND DETERMINATION OF GENERAL PLAN CONFORMITY OF THE LOCATION, PURPOSE AND EXTENT OF THE PROPOSED RIGHT- OF-WAY FOR DUBLIN BOULEVARD BETWEEN KEEGAN STREET AND FALLON ROAD, AND FALLON ROAD BETWEEN BENT TREE DRIVE AND 1-580 (PA05-033) WHEREAS, the City of Dublin has proposed the establishment of Right-Of-Way Lines for Dublin Boulevard and Fallon Road in accordance with Municipal Code Chapter 7.68; and WHEREAS, the effected segment of Dublin Boulevard is between Keegan Street and Fallon Road; and WHEREAS, the effected segment of Fallon Road is between Bent Tree Drive and 1-580; and WHEREAS, the proposed Right-Of-Way Lines conform to the lines previously established with the Final Map for Tract 7281 for the northern segment of Fallon Road; and WHEREAS, the City of Dublin General Plan was adopted on February 11, 1985 and subsequently amended in March of 2004 by City Council Resolution 47-04 and December of 2004 by City Council Resolution 233-04; and WHEREAS, the properties through which the proposed Right-Of-Way Lines passes are within the boundary of the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan and therefore will be encompassed by, and consistent with, the General Plan; and WHEREAS, California Government Code §65402(a) states, in part, that if a general plan has been adopted, no real property shall be acquired by dedication for street purposes until the location, purpose and extent of such acquisition has been reported upon by the planning agency (Planning Commission) as to confonnity with the adopted general plan; and WHEREAS, the California Environmental Quality Act provides for a Negative Declaration when there is no substantial evidence that the project will have significant effects on the environment; and WHEREAS, the five properties through which the proposed Right-Of-Way Lines pass lie within the corporate limits of the City of Dublin, and include the following Assessor Parcel Numbers (property owners): 1. APN 985-054-004, 006 & 007 (Chang Su-O Lin) 2. APN 985-027-009 (Chang Su-O Lin) 3. APN 985-027-002 (Royal-Formosa Inc.) 4. APN 985-027-001 (Lowell A. Jordan Trust Fund) WHEREAS, the improvements to be constructed in the future along the proposed Right-Of- Way Lines will provide for public access, and will be consistent with City standards; 1 NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find that: A. The Planning Commission has reviewed and considered the Initial Study and Negative Declaration (available on file in the City of Dublin Community Development Department) and finds that this document reflects the independent judgment of the Planning Commission and the City as lead agency. The Dublin Planning Commission does hereby find that no new environmental impacts could occur as a result of proposed Right-Of-Way Lines and no new mitigation measures would be required. NOW, THEREFORE BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve adoption of the Negative Declaration for PA 05-033, to Establish Right-of-Way Lines for Dublin Boulevard between Keegan Street and Fallon Road, and Fallon Road between Bent Tree Drive and 1-580; and NOW, THEREFORE BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby find that: A. The General Plan ofthe City of Dublin is applicable to the property through which the proposed Right-Of-Way Lines pass. B. The Traffic and Circulation Section of the Eastern Dublin Specific Plan and General Plan depicts both Dublin Boulevard and Fallon Road as arterial roadways in locations consistent with the proposed right-of-way lines. C. The proposed right-of-way alignment passes through properties that are within the Eastern Dublin Specific Plan. The proposed Right-Of-Way Lines modify the current roadway locations depicted on the General Plan and Eastern Dublin Specific Plan; however, the General Plan and Specific Plan allow flexibility for precise roadway and land use locations at the time of development. The proposed right-of-way alignment will only cause slight modifications to the locations of land uses depicted on the General Plan and Specific Plans and is therefore the proposed Right-Of-Way Lines are in conformance with the City of Dublin General Plan pursuant to California Government Code §65402(a). PASSED, APPROVED, AND ADOPTED this 24th day of May, 2005. AYES: Chair Schaub, Cm. Biddle, Fasulkey, and Wehrenberg NOES: ABSENT: Cm. King ABSTAINED: ~ ing Commission Chairperson ATTEST: , .~ l ' ,-- Planning anager G:\PA#\2005\05-033 Precise Alignment for DublinFallon \PC reso conformity row.doc 2