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HomeMy WebLinkAboutResolution 2013-096 N.C.S. 6/17/2013 Resolution No. 2013-096 N.C.S. of the City of Petaluma, California ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PETALUMA SMART RAIL STATION AREAS: TOD MASTER PLAN AND AMENDED SMARTCODE WHEREAS, the City Council of the City of Petaluma by Resolution 2009-146 N.C.S. endorsed the filing of an application for a grant from the Metropolitan Transportation Commission and the Association of Bay Area Governments' Station Area Planning Program; and, WHEREAS, at the City Council goal setting session on January 23, 2010, one of the goals established by the City Council was to implement the Central Petaluma Specific Plan and maximize the potential for transit-oriented development; and, WHEREAS, the City of Petaluma executed an agreement with the Metropolitan Transportation Commission in November 2010 to develop a station area master plan and related amendments to the City's SmartCode, which prescribes zoning standards for the Central Petaluma Specific Plan ("CPSP") area; and, WHEREAS, the Petaluma SMART Rail Station Areas: TOD Master Plan Final Draft January 2013 ("Master Plan") evaluates the potential for transit-oriented development within the two planned Petaluma SMART Rail Station Areas; and, WHEREAS, the amended SmartCode contains amendments reinstating parking requirements for the CPSP area, corrects certain other outdated text in the existing SmartCode and makes certain changes to implement the Master Plan ("Amended SmartCode"); and, WHEREAS, the Master Plan and the Amended SmartCode constitute the "project" for CEQA purposes; and, WHEREAS, the Master Plan incorporates an analysis of market demand, housing. access, connectivity, and parking, infrastructure and historic preservation; and, WHEREAS, the Master Plan and SmartCode also include a framework and development standards for public spaces, frontage types, building types, and phasing; and, WHEREAS, the Amended SmartCode implements Master Plan recommendations;and, WHEREAS, on April 7, 2008, the City adopted Resolution No. 2008-058 N.C.S., certifying the Final Environmental Impact Report for the General Plan 2025 ("Final EIR") in compliance with the California Environmental Quality Act ("CEQA"); and, WHEREAS, on May 19, 2009, in Resolution No. 2008-084 N.C.S., the City Council adopted findings relating to environmental impacts identified in the General Plan EIR, including a finding that the General Plan EIR would serve as a document which could be relied on by future projects to satisfy certain CEQA requirements; and, Resolution No. 2013-096 N.C.S. Page 1 WHEREAS, because the General Plan EIR determined that buildout of the General Plan through 2025 would result in five significant and unavoidable cumulative impacts, a statement of overriding.considerations was adopted by the City Council for the General Plan 2025. The significant and unavoidable impacts and the statement of overriding considerations are contained in Resolution No. 2008-084 N.C.S.; and, WHEREAS, the General Plan 2025 was adopted on May 19, 2008 by Resolution No. 2008-085 N.C.S.; and, WHEREAS,the project does not modify density, change land uses or provide for future development other than as contemplated in the General Plan 2025 and evaluated in the General Plan 2025 EIR; and, WHEREAS, no specific development projects are approved by the project, which consists of a general planning and policy document and related zoning amendments; and, WHEREAS, the City prepared an Initial Study for the project pursuant to CEQA, Title 14 of the California Code of Regulations, §§15000 et seq. ("CEQA Guidelines") and the City of Petaluma Environmental Review Guidelines to further assess the potential environmental effects of the Master Plan,including any new or more significant effects that were not studied in the General Plan EIR;.and, WHEREAS, the analysis contained in the Initial Study determined that there is no substantial evidence that the project will have a significant effect on the environment, other than possible incremental contributions to the significant and unavoidable impacts identified in the, General Plan EIR, and a Mitigated Negative Declaration was therefore appropriate; and, WHEREAS, the General Plan Final EIR and the Master Plan Initial Study/Mitigated Negative Declaration adequately address the environmental effects of the project for the purposes of CEQA such that further analysis of the effects in a second EIR would be duplicative (see CEQA Guidelines §15152(d)); and, WHEREAS, the Mitigated Negative Declaration and Initial Study were made available to the public with proper notice and in accordance with CEQA on March 7, 2013, providing opportunity for public review and comment; and, WHEREAS, on March 26, 2013, the Planning Commission held a properly noticed public hearing, and after receiving and considering all comments on the proposed Mitigated Negative Declaration, unanimously recommended that the City Council approve the Mitigated Negative Declaration; and, WHEREAS, on May 6, 2013, the City Council held a properly noticed hearing, accepted comments from all interested parties on the proposed Mitigated Negative Declaration, including the Initial Study, and continued the hearing to June 17, 2013; and, WHEREAS, on June 17, 2013, the City Council held a properly noticed hearing, accepted comments from all interested parties on the proposed Mitigated Negative Declaration including the Initial Study. Resolution No. 2013-096 N.C.S. Page 2 NOW, THEREFORE, BE IT RESOLVED: 1. Findings and Adoption of Mitigated Negative Declaration. After independent review and consideration of the information in the environmental documentation, including but not limited to the Mitigated Negative Declaration, its supporting Initial Study, all documents and studies referred to or incorporated in the Initial Study and the record of these proceedings, the City Council: a. Finds that the Petaluma SMART Rail Station Areas: TOD Master Plan and associated Amended SmartCode ("collectively, the project") will not result in nor increase the significance under CEQA of any significant or potentially significant environmental effects not previously evaluated in the Final Environmental Impact Report for the General Plan 2025. b. Finds that further analysis of the projects effects in an additional EIR would be merely duplicative and adopts the Mitigated Negative Declaration/Initial Study of Environmental Significance for the project. c. Adopts the Mitigated Negative Declaration for the project. 2. Adoption of Statement of Overriding Considerations. a. The project does not change or modify the extent or nature of the incremental contribution of General Plan 2025 programs and policies to cumulative impacts which were found to remain significant and unavoidable in the General Plan 2025 Final EIR. b. Those impacts are (i) Transportation Impact 3.2, deteriorated levels of service at 6 City intersections; (ii) Transportation Impact 3.9-1, increased noise from traffic along certain roadways; (iii) cumulative potential noise impact of possible future rail and trolley service combined with increased noise from traffic; (iv) Air Quality Impact 3.10-1, from buildout population numbers that conflict with the Bay Area 2005 Ozone Strategy (This regional air quality plan has since been replaced by the 2010 Clean Air Plan but the impact remains the same.); and (v) possible cumulative air quality impact resulting from the City's inability to determine whether or not implementation of the General Plan will make a cumulatively considerable incremental contribution to global climate change. c. In Resolution No. 2008-084 N.C.S, the City Council balanced the five remaining unavoidable impacts against the General Plan's benefits, and determined that the unavoidable impacts were outweighed by the benefits of the General Plan 2025. Pursuant to Communities for a Better Environment v. California Resources Agency(2002) 103 Cal. App. 4th 98.) , the City Council must adopt new overriding considerations for the previously identified unavoidable impacts that apply to the Master Plan. The City Council specifically finds that to the extent that the Master Plan makes an incremental contribution to the adverse or potentially adverse significant and unavoidable impacts identified in the General Plan EIR which have not been mitigated to acceptable levels, there are specific economic, legal, social, technological, environmental, land use, or Resolution No.2013-096 N.C.S. Page 3 other benefits and considerations, as set forth below, that outweigh the significant unavoidable impacts on the environment and support approval of the project. These overriding considerations include but are not limited to: (i) The project allows the City to plan for growth in an orderly manner and to carry out policies of the General Plan 2025 and the Central Petaluma Specific Plan which encourage development supportive of alternative transportation, contribute to the vitality of the downtown and Corona Road Station areas, improve connection and accessibility from the existing downtown depot to Petaluma's historic downtown, and create opportunities for eventual transit-oriented development. (ii) The project will further an interconnected multimodal transportation system to improve traffic circulation, lessen automobile dependence and lessen traffic congestion. (iii) The project will encourage provision of a wide range of housing choices, including urban units and apartments associated with and convenient to future SMART rail transit. (iv) By encouraging residential and business development adjacent to rail transportation and improving multimodal accessibility and circulation within the City, the project furthers the City's efforts to reduce greenhouse gas emissions. 3. Notice of Determination. City staff is directed to file a Notice of Determination following adoption of the Master Plan and approval of the amended SmartCode in accordance with CEQA. 4. Record. The location and custodian of the documents and/or other material which constitute the record of proceedings upon which the decision is based is the City of Petaluma, 11 English Street, Petaluma, CA 94952, attention: City Clerk. 5. Effective Date. This resolution shall take immediate effect. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the / pp ve as to Council of the City of Petaluma at a Regular meeting on the 17" day of June, 2013. or : by the following vote: ✓✓✓ City ttomey AYES: Vice Mayor Albertson:Mayor Glass. Harris. Kearney, Miller NOES: None ABSENT: None ABSTAIN: (/B,arrreett, HHe}aly� ) `,�—� / ATTEST: 01,0u/up E �;! v Mayor eat. City Clerk Mayor Resolution No.2013-096 N.C.S. Page 4