EXHIBIT C RESOLUTION NO. 06- ___ RECOMMENDING CERTIFICATION OF CEQA ADDENDUM DESIGN REVIEW PERMIT NO. 06-14 (SYCAMORE DOWNTOWN PROJECT) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERCULES RECOMMENDING CITY COUNCIL CERTIFICATION OF AN ADDENDUM TO THE FINAL CITY OF HERCULES GENERAL PLAN LAND USE AND CIRCULATION ELEMENTS UPDATE AND REDEVELOPMENT PLAN AMENDMENTS EIR FOR DEVELOPMENT OF THE 1.87 ACRE SYCAMORE DOWNTOWN PROJECT COMPRISED OF 30,104 SQUARE FEET OF COMMERCIAL RETAIL AND 104 MULTI-FAMILY RESIDENTIAL UNITS LOCATED WITHIN THE BAYSIDE COMMUNITY ADJACENT AND NORTH OF SYCAMORE AVENUE BETWEEN SOUTH FRONT AND TSUSHIMA WHEREAS, the Planning Commission of the City of Hercules accepted an application for the proposed project known as the Sycamore Downtown Project, generally located on approximately 1.87 acres adjacent and north of Sycamore Avenue between South Front and Tsushima, and WHEREAS, the Sycamore Downtown Project proposes to develop up to 31,400 square feet in a commercial retail uses, and 104 multi-family residential units in a a mixed-use commercial-residential project including below market rate and market rates residential units, and WHEREAS, on November 28, 1995, the City Council of the City of Hercules certified the Final City of Hercules General Plan Land Use and Circulation Elements Update and Redevelopment Plan Amendments Environmental Impact Report, dated June 9, 1995 (1995 EIR); and WHEREAS, the 1995 EIR analyzed the environmental impacts of development of certain properties within the City of Hercules and within the City’s Redevelopment Plan Area, including the Bayside Project Site (formerly the Gelsar Site or Parcel 3); and WHEREAS, subsequently, a Revised Final Environmental Impact Report Addendum dated February 2, 1996 (Revised Addendum) was prepared to analyze the environmental impacts of revisions to the permitted land uses, including those land uses permitted on the Bayside Project site, which would result in less intensive development than would have occurred under the development analyzed in the 1995 EIR; and WHEREAS, the Final Environmental Impact Report for the City of Hercules General Plan Land Use and Circulation Elements Update and Redevelopment Plan Amendments was amended by the Revised Addendum and was certified by the City Council on February 13, 1996 (GP/Redevelopment Plan EIR); and WHEREAS, in accordance with CEQA and its implementing regulations at 14 California Code of Regulations 15000 et seq. (CEQA Guidelines), an addendum to this GP/Redevelopment Plan EIR (Addendum for the Bayside Project) has been prepared because the proposed project is consistent with the type and intensity of land uses analyzed in the previously certified GP/Redevelopment Plan EIR, there are no new significant impacts, there is no substantial increase in the severity of previously identified significant impacts, and no new mitigation measures are required (the mitigation measures adopted as part of the previous EIR are applicable to the proposed project); and WHEREAS, the Planning Commission for the City of Hercules has thoroughly considered the Addendum for the Sycamore Downtown Project and determined that the information contained therein does wholly, adequately and accurately describe and evaluate the proposed project; and WHEREAS, on the basis of substantial evidence in light of the whole record, the Planning Commission has determined that no further environmental review (in the form of an environmental impact report or negative declaration) in connection with the Sycamore Downtown Project is necessary; and WHEREAS, duly noticed public hearing on this Project was held on September 18, 2006; and WHEREAS, the Planning Commission has received and considered oral and written comments from the general public, property owners and interested parties; and NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Hercules hereby recommends that the City Council certify that the Addendum to the Final City of Hercules General Plan Land Use and Circulation Elements Update and Redevelopment Plan Amendments Environmental Impact Report for the Sycamore Downtown Project (Addendum for the Sycamore Downtown Project) is adequate for the purposes of CEQA based on the following findings and direct that a Notice of Determination be filed with the County Clerk: 1. The City of Hercules certified the Final City of Hercules General Plan Land Use and Circulation Elements Update and Redevelopment Plan Amendments Environmental Impact Report by Resolution 95-120 on November 28, 1995, and certified the amended EIR (revised by an addendum) on February 13, 1996 by Resolution 96-13 (GP/Redevelopment Plan EIR), which documents were prepared in compliance with the California Environmental Quality Act, and which documents include identification and analysis of the environmental effects of development on the Sycamore Downtown Project site. The GP/Redevelopment Plan EIR identified significant and unmitigatable impacts on future traffic at the San Pablo Avenue/John Muir Parkway and San Pablo Avenue/Sycamore Avenue intersections and project and cumulative impacts to air quality and the City of Hercules adopted findings and a statement of overriding considerations in Resolution 96-14 on February 13, 1996. The GP/Redevelopment Plan EIR analyzed development at this site at an intensity greater than the project now proposed. Based on the Addendum for the Sycamore Downtown Project, approval and development of the proposed project would result, at most, in environmental impacts no more significant than those considered in the GP/Redevelopment Plan EIR. 2. Pursuant to Section 21090 of CEQA and Sections 15006, 15162, 15164 and 15168 of the CEQA Guidelines, the Sycamore Downtown Project is an action considered under the GP/Redevelopment Plan EIR and there is substantial evidence that there are no new significant environmental impacts, there is no substantial increase in the severity of any previously identified impact, and there are no new mitigation measures required so as to warrant a supplemental or subsequent EIR or negative declaration. 3. The City has independently reviewed and considered the Addendum for the Sycamore Downtown Project prior to taking action on the proposed project. 4. The information and analysis contained in the Addendum for the Sycamore Downtown Project reflects the City’s independent judgment as to the environmental consequences of the proposed project. 5. The documents and other materials constituting the administrative record of the proceedings upon which the City Council’s decision is based are located at the Hercules City Hall, 111 Civic Drive, Hercules, CA 94547. PASSED AND ADOPTED by the Planning Commission of the City of Hercules on this 6th day of November 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _________________________________ Joe Eddy McDonald Chairman, 2006 ATTEST: ______________________________________ Rochelle Samuels, Recording Secretary