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HomeMy WebLinkAboutPCReso 96-38 PA95-043 AlignROWRESOLUTION NO. 96-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND DETERMINATION OF GENERAL PLAN CONFORMITY OF THE LOCATION, PURPOSE AND EXTENT OF THE PROPOSED REALIGNMENT OF THE RIGHT-OF-WAY FOR A ROAD SOUTH OF AND PARALLEL TO DUBLIN BOULEVARD BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET WHEREAS, the City of Dublin established a right of way for a road south of and parallel to Dublin Boulevard between Regional Street and Amador Plaza Road (Parallel Road) on October 10, 1988; and WHEREAS, the City of Dublin approved a Mitigated Negative Declaration for the Parallel Road Project on September 26, 1988, by adopting City Council Resolution 132- 88; and WHEREAS, on February 24, 1994, the City Council authorized a Study to address realigning the Parallel Road right of way between Regional Street and Golden Gate Drive; and WHEREAS, the realignment study has been completed; and WHEREAS, the realignment would be a minor technical change from the originally approved right of way; and WHEREAS, the California Environmental Quality Act provides for an Addendum process when a minor change is proposed on a project where there is an approved negative declaration; and WHEREAS, An Addendum to the Mitigated Negative Declaration for the parallel road realignment project dated August 30, 1996, (Addendum) available and on file in the City Planning Department, has been prepared and considered by the Planning Commission together with the original Mitigated Negative Declaration; and WHEREAS, said realignment of the right of way (right of way) will pass through lands designated as industrial on the Dublin General Plan; and WHEREAS, said right of way will pass through lands designated as Development Zones 2 and 3 on the Downtown Specific Plan; and WHEREAS, Government Code Section 65402(a) of the Government Code 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 conformity with the adopted general plan; and WHEREAS, the City of Dublin General Plan was adopted on February 11, 1985, and such Plan is applicable to the property through which the right of way passes; and WHEREAS, the property through which the proposed right of way passes lies within the corporate limits of the City of Dublin; and WHEREAS, the property through which the proposed right of way passes is located within an area encompassed by the lands designated in the General Plan as Retail/©ffice and Public/Semi Public Facility, and developed for circulation purposes in a manner consistent with that designation; and WHEREAS, the property through which the proposed right of way passes is to be developed for circulation purposes in accordance with the requirements and purposes of the Retail/Office and Public/Semi Public Facility designations of the Dublin General Plan; and WHEREAS, the property through which the proposed right of way passes is within the physical scope of the Dublin General Plan and the Downtown Specific Plan and therefore its extent will be encompassed by, and consistent with, the Dublin General Plan and the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that no new environmental impacts could occur as a result of the realignment and no new mitigation measures would be required. The Planning Commission has reviewed and considered the Addendum dated August 30, 1996, together with the Mitigated Negative Declaration (both available and on file in the Planning Department) and finds that these documents reflect the independent judgment of the Planning Commission and the City as lead agency. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed area where the right of way is proposed is within the City of Dublin and is subject to the General Plan of the City of Dublin and Downtown Specific Plan. B. The property through which the proposed right of way passes is located within an area designated Retail/Office and Public/Semi Public Facility in the Dublin General Plan and Development Zones 2 and 3 of the Downtown Specific Plan, and is proposed to be developed for circulation purposes in a manner consistent with those designations, and therefore the establishment of a right of way across that land is consistent with regard to location and purpose with the Dublin General Plan and Downtown Specific Plan. C. The property through which the right of way passes and will be developed for circulation purposes is within the physical scope of the Dublin General Plan and the Eastern Dublin Specific Plan, and the extent of the proposed realignment is consistent with the approved right of way because it merely adjusts the location and does not change the size or capacity of the roadway. PASSED, APPROVED AND ADOPTED this 24th day of September, 1996. AYES: NOES: ABSENT: Commissioners Jennings, Lockhart, Geist, Johnson and Zika None None ~l~n~ing (~ommissi~ Chairperson ATTEST: Community Development Director PA94-016~pcres1