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HomeMy WebLinkAboutPlanning Commission Resolution 2010-01 01/12/2010RES®LUTI®IV IV®. 2010-O1 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION, A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SUNNY D PUD MODIFICATION AND TENTATIVE PARCEL MAP LOCATED AT 216 SUNNYSLOPE AVENUE AND BEHIND 1311 D STREET, APNS 019-130-011 AND 019-130-049 City File Number: 09-TPM-0134-CR WHEREAS, Steven J. Lafranchi submitted applications (09-TPM-0134-CR) to the City of Petaluma regarding the property located at 216 Sunnyslope Avenue and behind 131 1 D Street, APNS 019-130-O11 and 019-130-049 for a PUD Modification and Tentative Parcel Map ("the Project" or the "proposed Project"); and, WHEREAS, the Project is located within the study area of 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, 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) 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 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 October 5, 2009, the City's Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing fora 20-day public comment period commencing October 7, 2009 and ending October 27, 2009 was published and mailed to all residents and property owners within 500 feet of the Project; and, WHEREAS, on or before December 10, 2009; the City's Notice of Intent to Adopt Mitigated Negative Declaration based on the Initial Study and a Notice of Public Hearing to be held on December 22, 2009 before the City of Petaluma Planning Commission, was published and mailed to all residents and property owners within 500 feet of the Project; and, WHEREAS, at their December 22, 2009 hearing the .Planning Commission officially acted to continue the project to January 12, 2010, as had been previously noted by the December 22, 2009 Planning Commission agenda; and,. Planning Commission Resolution No. 2010-O1 Page 1 WHEREAS, a staff report dated January 12, 2010 and incorporated herein by reference, described and analyzed the Project and the. Mitigated Negative Declaration, including its supporting technical studies and reports; and, WHEREAS, the Project makes no substantial or incrementally 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, as to the incremental contribution of the Project to cumulative climate change, the Initial Study and Mitigated Negative Declaration analyzed additional information regarding the Project and determined that Project is consistent with all current State measures and General Plan 2025 policies regarding greenhouse gas reduction, but also that after careful investigation, because of the difficulty of determining individual contributions to climate change from projects as small as three new developable single-family residential lots, the Project's direct and/or incremental contribution to cumulative climate change is too speculative to determine; and, WHEREAS, relating to potential impacts on air quality from General Plan build-out population exceeding the Bay Area 2005 Ozone Strategy population estimates, the Project adds only three potential new residential dwellings of the General Plan 2025 build-out estimates of 6005 additional units. The General Plan projected population exceeds the 2003 population figures on which the 2005 Ozone Strategy is based by 6500 persons. Three houses would be assumed to add 8.1 persons, based on a ratio of 2.7 persons per household. Therefore, the Project's direct impact is too small to be considered significant and its contribution to the cumulative air quality impact from exceeding the Bay Area 2005 Ozone Strategy population estimates is not considered cumulatively considerable; and, WHEREAS, there is no substantial evidence in light of the whole record before the City that the proposed Project as mitigated will have a significant effect on the environment; and, WHEREAS, the Planning Commission held a public hearing on January 12, 2010, during which the Commission considered the Project and the Mitigated Negative Declaration 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 January 12, 2010, the Planning Commission completed its review of the Project and the Mitigated Negative Declaration, and a Mitigation Monitoring Report Program and recommended adoption of the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program; and, WHEREAS; the Initial Study and Mitigated Negative Declaration identify mitigation measures applicable to the Project, as incorporated herein by reference; and, 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, the Mitigated Negative Declaration reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project. The Mitigated Negative Declaration and related project and environmental documents, including the prior General Plan EIR and all of the documents incorporated herein by reference, are available for review in the City Planning Division at Petaluma City Hall, during normal business hours. The Planning Commission Resolution No. 2010-O1 Page 2 custodian of the documents and other materials which constitute the record of proceedings for the proposed project., File No. 09-TPM-0134, is the City of Petaluma Planning Division, 11 English St. Petaluma, CA 94952, Attn: Tiffany Robbe. NOW, THEREFORE, BE IT RESOLVED THAT: The foregoing recitals are true and correct and made a part of this resolution. 2. The Planning Commission hereby recommends to the City Council the adoption of the Mitigated Negative Declaration, including the Initial Study dated October 7, 2009, its supporting studies and documents, and all information referred to and/or incorporated herein as an adequate description of the impacts of the Project and as in compliance with CEQA, the State CEQA Guidelines, and the City of Petaluma Environmental Guidelines. There is no substantial evidence in light of the whole record before the City that the proposed Project as mitigated will have a significant effect on the environment beyond certain significant effects identified in the General Plan EIR and identified herein. 3. The Planning Commission reviewed and considered the Mitigated Negative Declaration, before making its recommendation to the City Council on approval of the proposed Project. 4. The Planning Commission recommends that the City Council adopt the following Mitigation Monitoring and Reporting Program attached as Exhibit A hereto and incorporated herein by reference. ADOPTED this 12th day of January 2010 by the following vote: ATTEST: Commissioner Aye No Absent Abstain Abercrombie X Chair Arras X Barretf X Second Vice Chair Elias X Hurley X Vice Chair Johansen X Pierre X y Christopher Arras, Chair fAP.PpRO.VED AS TO FORM: ~~ Geoff Bradley, Commission ~ecretary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2010-O1 Page 3 w~ALU~ City of Petaluma, California Exhibit A to a ~ City of Petaluma Community Development Department __ Planning Division Planning i85$ 11 English Street, Petaluma, CA 94952 Commission Resolution 2010-01 (Project I~laea~e: funny ®Pr®ject F61e Naeonber: ®9-T'PiVI-®134-SCR Adaress~IL®cation: 216 Sunnysl®pe ~-venue and beh6nd 1311 ®S$reet Reporting/Monitoring Record - IUlitigation Measures This document has been developed pursuant to the California Environmental Quality Act, Public Resource Code Section 21.081.6 to ensure proper and adequate monitoring or reporting in conjunction with project(s) approval which relies upon a Mitigated Negative Declaration or an Environmental Impact Report. Air Quality: Mitigation Measures BD/ BP AQ-1: New houses at lots 1-4 shall achieve at least. 50 GreenPoints under the PD current cycle's residential Build It Green program. Prior to building permit issuance, the GreenPoints Checklist shall be submitted and the building permit plans shall depict/note the relevant measures. BD/ CO Prior to building permit final, each house on lots 1-4 shall be GreenPoint Rated. PD BlolOgy: Mitigation Measures PD BP Bio-1: Prior to improvement plan/building permit approval: ® At oak 19, the storm drain shall be relocated entirely outside of the canopy dripline. At oak 30, the location of the proposed driveway and any underground intrusion such as sewer and water laterals shall be relocated entirely outside of the canopy dripline. Department PD Planning Division FM Fire Marshal ENG Engineering Division BD Building Division Requested B y or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPAR Site Plan and Architectural Review LTM Long-Term Monitoring Planning Commission Resolution No.2010-01 Page 4 Sunny D - 216 Sunnys9ope ~-venue ~ behind 1311 ®Street City of Petaluma, California Reporting/Monitoring Record -Mitigation Measures for Approval ~~~• .: ~+u1RE\'IE\\ REQ.'61' UATE UI I ~ ~'UEPT.~r~~ ORUIiE FI~Iti11ED 5'1\FF "~'x`'~.:~'„:F~R ~~'~-: UATE: _ INITIACti:. . ~ .. .. ... IMPLEMENTATION: ENG/ BP 1. The applicant shall be required to obtain all required permits from responsible PD agencies and provide proof of compliance to the City prior to issuance of grading permits or approvals of improvements plans. ENG/ BP 2. The applicant shall incorporate all applicable code provisions and required PD mitigation measures and conditions into the design and improvements plans and specifications for the project. ENG/ BP 3. The applicant shall notify all employees, contractors, and agents involved in the P~ project implementation of mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. Applicant shall notify all assigns and transfers of the same. ENG/ BP 4. The applicant shall provide for the cost of monitoring of any condition or PD mitigation measure that involves on-going operations on the site or long-range improvements, such as archaeological resources, etc. Department PD Planning Division FM Fire Marshal ENG Engineering Division BD Building Division Requested B y or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPAR Site Plan and Architectural Review LTM Long-Term Monitoring Planning Commission Resolution No. 2010-O1 Page 5 Sunny ®- 216 Sunnysl®pe Avenue ~ behind 1311 ®Stree$ City of Petaluma, California Reporting/Monitoring Record -Mitigation Measures for Approval ~,~ DEPT.-., ~:. ~ST:V: p, .~rN INI71alS ~~~ MONITORING: ENG/ FM 1. The Building Division, Planning Division, Engineering Section and Fire PD/ /BP Departments shall review the improvement and construction plans for FNl conformance with the approved project description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading plans, or building permits. ENG/ BP 2. The Planning Division shall ensure that the applicant has obtained applicable PD required permits from all responsible agencies and that the plans and specifications conform to the permit requirements prior to the issuance of grading or building permits. ENG/ CO 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all PD improvements shall be subject to inspection by City staff for compliance with the project description, permit conditions, and approved development or improvement plans. Department PD Planning Division FM Fire Marshal ENG Engineering Division BD Building Division Requested B y or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPAR Site Plan and Architectural Review LTM Long-Term Monitoring Planning Commission Resolution No. 2010-O1 Page 6 Sunny ®- 216 Sunnyslope Avenue 8~ behind 1311 ®Street City of Petaluma,. California Reporting/Monitoring Record -Mitigation Measures for Approval CONSTRUCTION MEASURES: ENG/ BP 1. The applicant shall designate a project manager with authority to implement all PD mitigation measures and conditions of approval and provide name, address, and phone numbers to the City prior to issuance. of any grading permits and signed by the contractor responsible for construction. PD BP 2. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. ENG/ CO 3. City inspectors shall insure that construction activities occur with the approved PD plans and conditions of approval. ENG/ BP 4. If deemed appropriate by the City, the applicant shall arrange apre-construction PD conference with the construction contractor, City staff and responsible agencies to review the mitigation measures and conditions of approval prior to the issuance of grading and building permits. Department PD Planning Division FM Fire Marshal ENG Engineering Division BD Building Division Requested By or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPAR Site Plan and Architectural Review LTM Long-Term Monitoring Planning Commission Resolution No: 2010-O1 Page 7