HomeMy WebLinkAboutPlanning Commission Resolution 2013-15 8/13/2013 RESOLUTION NO. 2013-15
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE MARIA DRIVE
APARTMENT COMPLEX LOCATED AT 35 MARIA DRIVE
APN 007-280-078 & 077
FILE NO. 12-GPA-0582
WHEREAS, JDA West LLC, submitted applications for a General Plan Amendment, Zoning
Map Amendment, and Site Plan and Architectural Review for the Maria Drive Apartments
located at 35 Maria Drive (APN 007-280-078 & 077) ("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, 2008; and,
WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial
Study, the City relied on the program EIR for the City of Petaluma General Plan 2025, certified on
April 7, 2008 (General Plan EIR) by 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 dated June 27, 2013 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 June 27, 2013, the City's Notice of intent to Adopt a Mitigated
Negative Declaration based on the Initial Study, providing or a twenty (20) day public comment
period commencing June 27, 2013 and ending July 17, 2013, and a Notice of Public Hearing to
be held on August 13 2013, before the City of Petaluma Planning Commission, was published
Planning Commission Resolution No.2013-15 Page 1
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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, on or before July 11, 2013, the City issued a corrected Notice of intent to
Adopt a Mitigated Negative Declaration based on the Initial Study, providing a corrected public
comment period commencing July 11, 2013 and ending July 31, 2013, and a Notice of Public
Hearing to be held on August 13 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/MND, 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/MND, including evaluation using
the Bay Area Air Quality Management District (BAAQMD) 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,
WHEREAS, the Planning Commission held a public hearing on August 13, 2013, during
which the Commission considered the Project, the Initial Study/MND and supporting
documentation referenced in the Initial Study, 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, the Initial Study/MND and related project and environmental documents,
including the General Han 2025 EIR and all documents incorporated herein by reference, are
available for review in the City of Petaluma 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. 12-GPA-0582, is the
City of Petaluma Community Development Department, 11 English Street, Petaluma, CA 94952,
attn: Alicia Giudice, Senior Planner;
Planning Commission Resolution No.2013-15 Page 2
NOW, THEREFORE, BE IT RESOLVED THAT:
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 Initial Study/MND, all
supporting, referenced and incorporated documents and all comments received,
the Planning Commission finds that potential impacts could be avoided or reduced
to a level of insignificance by mitigation measures to be attached as conditions of
approval. 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 Initial Study/MND 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.
3. The Petaluma Planning Commission recommends to the Petaluma City Council
adoption of the Mitigated Negative Declaration
4. The Petaluma Planning Commission further recommends that the City of Petaluma
City Council adopt the Mitigation Monitoring and Reporting Program attached as
Exhibit 1 hereto and incorporated herein by reference.
ADOPTED this 13th day of August, 2013, by the following vote:
Commission`Member Aye. No Absent. Abstain
Benedetti-Petnic X
Lin X
Marzo X
Councilmember Miller X
Chair Pierre X
Wick X
Vice Chair Wolpert X
WOCIGIAt-
BI Wolpert, Vice Chair
Planning Commission Resolution No. 2013-15 Page 3
ATTEST: APPROVED AS TO FORM:
He. ( er Hines, Co , ittee Secretary Eric Danly, City Attor y
Planning Commission Resolution No.2013-15 Page 4