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HomeMy WebLinkAboutPC Reso 92-027 PA 92-019 Making Findings pursuant to CEQA and approve mitigated Neg Dec - two pesos n RESOLUTION NO. 92 - 027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN A RESOLUTION MAKING FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING MITIGATED NEGATIVE DECLARATION FOR PA 92-019 TWO PESOS CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW Recitals 1. Mohammed K. Munif ("Applicant"), on behalf of Two Pesos Restaurant, has made application to the City of Dublin for Conditional Use Permit and Site Development Review approval for the addition of a drive thru window onto the south elevation of an existing restaurant, and modifications to the parking lot configuration located at 6568 Village Parkway (the "Project"). 2. The Project includes the payment of the proposed project's proportionate share of the cost of widening Dublin Boulevard from four to six lanes, between Donlon Way and Village Parkway. 3. Pursuant to Public Resources Code Section 21081.6, the City Planning Commission adopted Resolution No. 92-028, A RESOLUTION ADOPTING A MITIGATION MONITORING PROGRAM FOR THE NEGATIVE DECLARATION FOR PA 92-019 TWO PESOS CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW, approved on May 4, 1992 to provide for the implementation of a mitigation monitoring program covering the project. 4. Pursuant to Public Resources Code Section 21080.1 and Section 15063 of the State CEQA Guidelines (Title 14, California Administrative Code), an initial study dated April 10, 1992, (the "Initial Study") was prepared to determine whether there are effects on the environment peculiar to the proposed Project. 5. The Initial Study, based in part on a June 21, 1991 memorandum and traffic study generated by TJKM, the City's traffic consultant, as amended by the Memorandum from Mehran Sepehri dated May 4, 1992 (the "TJKM Report"), identified the following effect on the environment as being peculiar to the proposed Project:. Reduction of the level of service on Dublin Boulevard between Donlon Way and Village Parkway. 6. The Initial Study indicated that the significant environmental effect listed in paragraph 5 could be mitigated by widening and restriping Dublin Boulevard, from four to six lanes, between Donlon Way and Village Parkway. 7. The proposed Project has been modified to include provisions for payment by the Applicant of its proportionate share of the costs of mitigating the effects described in paragraph 5 above (the "traffic mitigation measure") in the manner described in the TJKM Report. 8. Based on the information contained in the TJKM Report, the Initial Study and the Staff Report dated May 4, 1992 (the "Staff Report") all of which are incorporated herein by this reference, a Mitigated Negative Declaration, incorporating the traffic mitigation measures, was prepared for the proposed Project. Notice of the Mitigated Negative Declaration was duly given prior to the Planning Commission hearing on May 4, 1992. 9. The Planning Commission held a Public Hearing on the proposed Project on May 4, 1992, at which time the Planning Commission took testimony from interested persons regarding the proposed Project. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby resolve that: A. The foregoing Recitals are true and correct and are made a part hereof. B. The Planning Commission finds, on the basis of the record before it and the foregoing Recitals, (1) that feasible mitigation measures, including without limitation the traffic mitigation measures, have been incorporated into the Project to mitigate the significant environmental effects identified in paragraph 5 above; (2) that such mitigation measures will eliminate or reduce to a level of insignificance the significant environmental effects identified in paragraph 5; and (3) that uniformly applied development policies or standards will not mitigate the significant environmental effects identified in paragraph 5 above. c. The Planning Commission has reviewed and considered the Mitigated Negative Declaration, together with all comments received during the public comment period and all testimony at the public hearing. The Planning Commission hereby finds that there is no substantial evidence that the Project, as modified to incorporate the traffic mitigation measures, will have a significant effect on the environment and approves the Mitigated Negative Declaration. PASSED, APPROVED AND ADOPTED this 4th day of May, 1992. AYES: Commissioners Barnes, Burnham, Rafanelli and Zika NOES: None ABSENT: Commissioner North � ATTEST: Planr g Coommi ion Chairperson Pie ning Dire tor6.\7S.