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HomeMy WebLinkAboutAgenda Bill 1AAttachmentB 02/08/2010ATTAC~IlVI'ENT B RES®LUTI®N OF THE "~ CI'T'Y OF PETALUMA CITY COUNCIL CERTIFYING AN ENVIR®NMENTAL IMPACT REP®RT FOR TIIE EAST WASHINGT®N PLACE PROJECT, PURSUANT' T® THE CALIF®RNIA ENVIR®NMENTAL QUALITY ACT WHEREAS, the Notice of Preparation of the Draft Environmental Impact Report for the East Washington Place project ("the Project") was mailed to all responsible and affected agencies on October 14, 2008, pursuant to Public Resources Code Section 21080.4 and California Environmental Quality Act ("CEQA") Guidelines Section 15082; and, WHEREAS, a Draft Environmental Impact Report ("Draft EIR") was prepared for the Project in accordance with Public Resources Code: Section 21000 et seq. and CEQA Guidelines Section 15000 et seq., and circulated for public review between July 16, 2009 and September 14, 2009, with a notice inviting comments on the Draft EIR given in compliance with CEQA Guidelines Section 15085; and, WHEREAS, the Draft EIR relies on the EIR for the City of Petaluma General Plan 2025, certified by City Council Resolution 2008-058 on April 7, 2008, for information and analysis relating to certain cumulative impacts and incorporates said analysis and conclusions to the extent applicable, as identified in the Draft EIR; and WHEREAS, the City has committed to implementing the mitigation measures contained in the Implementation Plan and Mitigation Monitoring Program adopted by the City as Exhibit B to Resolution 2008-084, Resolution of the City Council of the City of Petaluma Making Findings of Fact, Adopting a Statement of Overriding Considerations and Adopting an Implementation Plan and Mitigation Monitoring Program in Support of the General Plan 2025, Pursuant to the California Environmental Quality Act; and, WHEREAS, the City distributed copies of the Draft EIR to the public agencies which have jurisdiction by law with respect to the project and to other interested persons and agencies and sought the comments of such persons and agencies; and, WHEREAS, the Planning Commission held a noticed public meeting and hearing on August 25, 2009 on the Draft EIR; and, WHEREAS, the City Council held a noticed public meeting and hearing on September 14, 2009 on the Draft EIR; and, WHEREAS, written and oral comments on the Draft EIR have been received and responses to those comments have been prepared in the form of a Final Environmental Impact Report for the Project ("Final EIR"); and, ~/ WHEREAS, the Final EIR was considered by the Planning Commission at noticed public meetings on November 24 and December 8, 2009, and was determined to be adequate per the requirements of CEQA and the City's CEQA Guidelines; and, WHEREAS, at its December 8, 2009 meeting, the Planning Commission adopted a Resolution recommending to the City Council certification of the Final EIR, adoption of a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations; and, WHEREAS, on January 4 and January 25, 2010, the City Council considered the Final EIR at a duly noticed public hearing; and, WHEREAS, on February 8, 2010, the City Council considered a Revised Table 2-1, Summary of Impacts and Mitigation Measures, of the Final EIR, in which minor modifications were made to certain mitigation measures, none of which modifications creates a new or more significant adverse environmental effect than previously evaluated in the Final EIR; and WHEREAS, certain Project impacts will remain significant and unavoidable, even after the application of all feasible Project mitigation measures to lessen those impacts, including (a) AQ-1: Impact from exceeding the level of development anticipated in the regional clean air plan (2005 Ozone Strategy) which was based on the City's previous General Plan and its less-intense development assumptions; (b) AQ-3: New emissions affecting long-term air quality, primarily from traffic emissions; and (c) TRA- 7: Unacceptable Levels of Service (LOS) at the intersections of Lakeville Street/Caulfield Lane, and Lakeville Street/D Street and on segments of U.S. Highway 101 from Petaluma Boulevard to Lakeville Highway, Lakeville Highway to Washington Street, and Washington Street to Redwood Highway in both the near term project plus other approved projects and in the cumulative project plus General Plan buildout scenarios. WHEREAS, the Project does not have the potential to have a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, though it is not exempt from Fish and Game filing fees; and, WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code; and WHEREAS, pursuant to CEQA Guidelines Section 15091(d), a Mitigation Monitoring and Reporting Program has been prepared to ensure that all mitigation measures which serve to reduce environmental impacts of the Project are fully implemented. ~Q, ~ ~ NOW THEREFORE, BE IT RESOLVED that the City Council hereby certifies the Final Environmental Impact Report as modified by Revised Table 2-1 set forth in Exhibit A hereto, and finds as follows: 1. The Final Environmental Impact Report for the Project has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Petaluma Environmental Review Guidelines. 2. The Final Environmental Impact Report was presented to the City Council which reviewed and considered it prior to making a decision on the Project. 3. The Final Environmental Impact Report reflects the City's independent judgment and analysis on the potential for environmental impacts of the Project. 4. The custodian of the documents anal other materials which constitute the record of proceedings for the Project is the City of Petaluma Planning Division, Petaluma City Hall, 11 English Street, Petaluma, CA 94952. ~~,3 REVISED FINAL ENVIRONMEN'T'AL IMPACT REPORT TABLE 2. L SL1IvIMARY OF IMPACTS AND MITIGATION MEASURES EXHIBIT A y~~