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HomeMy WebLinkAboutPlanning Commission Resolution 2013-09 5/28/2013 RESOLUTION NO. 2013-09 CITY OF PETALUMA PLANNING COMMISSION ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE NORTH MCDOWELL COMMONS PROJECT LOCATED AT 718 NORTH MCDOWELL BOULEVARD APN 137-061-035 File No.: 13-SPC-0082 WHEREAS, the Hugh Futrell Corporation submitted an application for Site Plan and Architectural Review for the North McDowell Commons Project located at 718 North McDowell Boulevard and consisting of 34 new residential units and rehabilitation of the Hansen House ("the Project" or the "proposed Project"); and, WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2009; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the program EIR for the City of Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR) by with the adoption of Resolution No. 2008-058 N.C.S., which is incorporated herein by reference; and, WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and, WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and, WHEREAS, on or before May 9,2013, the City's Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing for a 20-day public comment period commencing May 9, 2013 and ending May 28, 2013 and a Notice of Public Hearing to be held on May 28, 2013 before the City of Petaluma Planning Commission, was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, pursuant to the analysis in the Initial Study, the Project does not make a considerable contribution to the significant and unavoidable cumulative traffic and/or noise impacts identified in the General Plan 2025 EIR because of its small size; and, WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the Bay Area Air Quality Management District (BAAQMD) recently adopted CEQA Guidelines and 2010 Clean Air Plan, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impacts found to be significant and unavoidable in the General Plan 2025 EIR, because of the Project's small size and lack of significant stationary sources of emissions; and, Planning Commission Resolution No.2013-09 Page 1 WHEREAS, the Planning Commission held a public hearing on May 28, 2013, during which the Commission considered the Project ,the MND, the Initial Study and supporting documentation referenced in the Initial Study, a staff report dated May 28, 2013, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and, WHEREAS, on May 28, 2013, the Planning Commission completed its review of the Project, the MND, and a Mitigation Monitoring Program; and, WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project, File No. 13-SPC- 0082, is the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952, Attention: Heather Hines. NOW THEREFORE BE IT RESOLVED THAT the Planning Commission adopts the Mitigated Negative Declaration and Mitigation Monitoring Program for the North McDowell Commons based on the following: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the Planning Commission finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. ADOPTED this 28th day of May, 2013, by the following vote: Commission;Member Aye_ . No " Absent' =Abstain Abercrombie X Elias X Johnson X Council Member Miller X Chair Pierre X Vice Chair Wolpert X Manning Commission Resolution No.2013-09 Page 2 A .� . _ - - :r Pierre, al ATTEST: APPROVED AS TO FORM: 1 °di L1 Heaths Hines, Commi, -e Secretary Eric Danly, City orney Planning Commission Resolution No.2013-09 Page 3