Resolution - City of Hercules

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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
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