HomeMy WebLinkAboutReso 19-13 Dougherty Rd Mit Neg Dec RESOLUTION NO. 19 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY
ENGINEERING PLANS FOR THE DOUGHERTY ROAD IMPROVEMENTS PROJECT
WHEREAS, the Circulation Element of the City of Dublin's General Plan has for more than two
decades called for the expansion of Dougherty Road to a six-lane arterial; and
WHEREAS, the City of Dublin's Bikeways Master Plan calls for the addition of on-street (Class
II) bike lanes on Dougherty Road from the Contra Costa County line south to Dublin Boulevard; and
WHEREAS, through previously approved Capital Improvements Program, the City has
designated funding for preliminary engineering and environmental review of plans to expand
Dougherty Road consistent with the Circulation Element; and
WHEREAS, preliminary engineering of Dougherty Road improvements consistent with the
above plans has proceeded for the section of Dougherty Road between Sierra Lane and the north
City limit, including proposed roadway, median, and bicycle/pedestrian path improvements; and
WHEREAS, consistent with all requirements of the California Environmental Quality Act, the
City prepared and circulated an environmental Initial Study and Proposed Mitigated Negative
Declaration on the Dougherty Road Improvements Project for a 30 day public review period; and
WHEREAS, during the public review period, the City received four written comments on the
project and the environmental review, none of which identify any new or significantly worsened
environmental impacts beyond those already identified; and
WHEREAS, although not required by CEQA, the City prepared written responses to the
comments, which comments and responses are included in a Proposed Mitigated Negative
Declaration (MND) dated February, 2013 and incorporated herein by reference. The MND includes a
revised Initial Study reflecting the comments and responses and including minor technical revisions;
and
WHEREAS, in accordance with the comments and responses, the revised Initial Study also
includes modifications to certain biology mitigation measures, These modifications refine and clarify
permitting and timing provisions of the measures and provide additional detail to update the
measures for current CDFW protocols. Mitigation Measure BIO-5 in the revised Initial Study
replaces the prior measure but does not constitute a "substitute" measure for the purposes of CEQA
Guidelines section 15074.1 because the revised measure contains the basic elements of the original
measure, and adds detail consistent with current CDFW standards; and
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WHEREAS, all mitigation measures have been compiled in a Mitigation Monitoring and
Reporting Program dated January 2013 and incorporated herein by reference; and
WHEREAS, the City determined that the comments and responses did not constitute or
require substantial revisions to the MND, and no recirculation was required pursuant to CEQA
Guidelines section 15073.5; and
WHEREAS, the Revised Initial Study, the comments received during the public review period,
the City's responses to the comments as compiled in the Proposed Mitigated Negative Declaration
dated February 2013, together with the Mitigation Monitoring and Reporting Program dated January
2013 collectively comprise the Mitigated Negative Declaration for the Project; and
WHEREAS, the preliminary engineering plans were developed in a manner consistent with the
City's Circulation Element, Capital Improvement Program and Bikeways Master Plan; and
WHEREAS, the City Council has reviewed a Staff Report and the Mitigated Negative
Declaration at their meeting on February 19, 2013 prior to taking action on the project; and
WHEREAS, the location and custodian of the Mitigated Negative Declaration and other
documents that constitute the record of proceedings for the project is the Public Works Department,
100 Civic Plaza, Dublin, CA, 94568 Attn: Ferd Del Rosario.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that on the basis of the
whole record before it (including the Revised Initial Study, comments and responses) that there is no
substantial evidence that the project as mitigated will have a significant effect on the environment and
that the Mitigated Negative Declaration reflects the City's independent judgment and analysis.
BE IT FURTHER RESOLVED that after reviewing and considering the Mitigated Negative
Declaration and the preliminary engineering plans, the City Council of the City of Dublin does hereby
adopt the Mitigated Negative Declaration (including the Mitigation Monitoring and Reporting Program)
for the Dougherty Road Improvements Project and approves the preliminary engineering plans.
PASSED, APPROVED AND ADOPTED this 19th day of February, 2013, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
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ATTEST:
CA.474. fi
City Clerk
Reso No. 19-13, Adopted 2-19-13, Item 7.1 Page 2 of 2
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