HomeMy WebLinkAboutResolution 2010-021A N.C.S. 02/08/2010Resolution No. 2010-021A N.C.S.
of the City of Petaluma, California
CERTIFYING AN ENVIRONMENTAL IMPACT REPORT
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 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 N.C.S. 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 N.C.S., 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,
Resolution No. 2010-02tA N.C.S. Page 1
WIIEREAS, 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,
WIIEREAS, 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/East D Street and on
segments of U.S. Highway 101 from Petaluma Boulevard to Lakeville Highway, Lakeville
Highway to East Washington Street, and East 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.
WIIEREAS, 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,
WIIEREAS, 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,
WI-IEREAS, 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; and,
NOW THEREFORE, BE IT RESOLVED that the City Council hereby certifies the
Final Environmental Impact Report 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.
Resolution No. 2010-021A N.C.S. Page 2
4. The custodian of the documents and 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Special meeting on the 8h day of February,
2010, by the following vote:
AYES: Vice Mayor Glass, Harris, Healy, Rabbitt, Mayor Torliatt
NOES: Barrett, Renee
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
ve as to
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City Attor ey
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