HomeMy WebLinkAboutPlanning Commission Resolution 2009-03A 12/08/2009RES®LUTION N®. 2009-03A
CITY OF PETALUiViA PLANNING CON111AISSION
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF AN
ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF A
MITIGATION MONITORING AND REPORTING PROGRAM
AND POSSIBLE STATEMENT OF OVERRFDING CONSIDERATIONS FOR
THE EAST WASHINGTON PLACE PROJECT, PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL 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 fhe 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 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, writte ®nd 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,
Planning Commission Resolution No. 2009-03A Page 1
WHEREAS, the Final EIR was considered by the Planning Commission at noticed public
meetings on November 24 and December 8, 2009; 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-l :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 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, because of the remaining significant and unavoidable impacts of the Project,
the Planning Commission recommends that the City Council determine pursuant to Public
Resources Code Section 21081(b) whether the benefits of the Project as proposed make
acceptable the remaining significant impacts in the form of a Statement of Overriding
Considerations, prior to any approval of the Project; and,
WHEREAS, pursuant to CEQA Guidelines Section 15091 (d), a Mitigation Monitoring and
Reporting Program has been prepared and set forth in the Final EIR, Section 6, to ensure that all
mitigation measures which serve to reduce environmental impacts of the Project are fully
implemented.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission adopts the recitals above
as findings of fact and recommends to the City Council, based on its independent review of the
Final EIR, as follows:
Planning Commission Resolution No. 2009-03A Page 2
1. Certification of the Environmental Impact Report for the Project as an adequate
description of the impacts of the Project in compliance with CEQA, the State CEQA
Guidelines and the City of Petaluma Environmental Guidelines.
2. Adoption of the Mitigation Monitoring and Reporting Program set forth in Section 6 of
the Final EIR.
3. If the City Council determines to approve the Project, adoption of a Statement of
Overriding Considerations based on the City Council's consideration of Project
benefits which may make its significant and unavoidable environmental effects
acceptable.
ADOPTED this 8th day of December, 2009, by the following vote:
Commissioner ~ Aye No Absent Abstain
Abercrombie X
Chair Arras X
Barrett X
Second Vice Chair Elias X
Hurley X
Vice Chair Johansen X
Pierre X
G~~
Christopher Arras, Chair
ATTEST:
~~
G~ off a ley, C mis lon Secretary
APPROVED AS TO FORM:
~..P;, alJiz„
Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No. 2009-03A Page 3