HomeMy WebLinkAboutResolution 2010-098 N.C.S. 06/21/2010Resolution No. 2010-098 N.C.S.
of the City of Petaluma, California
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE
SUNNY D Pi1D 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 1311 D Street,
APNs 019-130-O1 l 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 1.5163 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, 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 its 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,
Resolution No. 2010-098 N,C.S, Page 1
WI~EREAS, 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,
WIFIEREAS, 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 location; and,
WIFIEREAS, 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,
WI~EREAS, 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,
WI~EREAS, 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,
WI-1<EREAS, 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 recommended adoption of the Mitigated Negative
Declaration; and,
WHEREAS, on May 17, 2010 the Petaluma City Council reviewed the Mitigated
Negative Declaration, all supporting documents including but not limited to the Initial Study, the
recommendation of the Planning Commission, staff reports and related materials, public
comments and all evidence presented at or before a noticed public hearing on January 12, 2010
at which time all interested parties had the opportunity to be heard; and,
WI~EREAS, the Initial Study and Mitigated Negative Declaration identify mitigation
measures applicable to the Project, as incorporated herein by reference; and,
Resolution No. 2010-098 N.C.S. Page 2
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 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, Attention: Irene Borba.
N®W, THEREF®RE, BE IT RES®LVED THAT:
1. The foregoing recitals are true and correct and made a part of this resolution.
2. The City Council finds that 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 provides an adequate description of
the impacts of the Project in compliance with CEQA, the State CEQA Guidelines,
and the City of Petaluma Environmental Guidelines, and adopts the Mitigated
Negative Declaration. 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.
3. The City Council adopts the Mitigation and Monitoring and Reporting Program set
forth in Exhibit A hereto and incorporated herein by reference. All mitigation
measures contained therein shall be conditions of approval of the Project.
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 Appr ve as to
Council of the City of Petaluma at aRegular meeting on the 21s` day of June, 2010, o
by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: Healy
ABSTAIN: None
ATTEST:
City Clerk
City
Resolution No. 2010-098 N.C.S. Page 3
a ~ A L U ~ City of Petaluma,. California
Community Development Department
Planning Division
z85a 1 1 English Street, Petaluma, CA 94952
~ro~~ct ~Vame® Suno~y ®Projec$
~i9e B~9umber: 09-TpIW-0'934-cR
As9c9ress/9.ocation: 2'96 Sunnys9ope Avenue anall beh9iros9 'B 31'9 ®Street
Reporting/1Vlonitoring Record -1Vlitig~tion li~easures
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 projects) approval which relies upon a Mitigated Negative Declaration or an Environmental
Impact Report.
Resolution No. 2010-098 N.C.S. Page 4
4 Review
'~ Dept
`,a
Air Quality: Mitigation Measures
BD BP AQ-l: New houses at lots 1-4 shall achieve at least 75 GreenPoints
PD under the current residential Build It Green program. Prior to building
permit issuance, the GreenPoint 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
PD Rated.
Biology: Mitigation Measures
PD BP Bio-l : 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.
IMPLEMENTATION:
1. The applicant shall be required to obtain all required permits from
ENG BP responsible. agencies and provide proof of compliance to the
PD City prior to .issuance of grading permits or approvals of
improvements. plans.
Resolution No. 2010-098 N.C.S. Page 5
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2. The applicant shall incorporate all applicable code provisions
ENG BP and required mitigation measures and conditions into the design
PD and improvements plans and specifications for the project.
ENG 3. The applicant shall notify all employees, contractors, and agents
PD BP involved in the 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 4. The applicant shall provide for the cost of monitoring of any
PD BP condition or mitigation measure that involves on-going
_ operations on the site or long-range improvements, such as
archaeological resources, etc.
Department Requested By or Due Date
PD Planning Division FM Final Map
FM Fire Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy
BD Building Division SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring
Resolution No. 2010-098 N.C.S. Page 6
Date Dept
Staff
Finished i
,,,,Irntials
MONITORING:
1. The Building Division, Planning Division, Engineering Section and
ENG/ FM Fire Departments shall review the improvement and construction
plans for conformance with the approved project description
FM 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.
2. The Planning Division shall ensure that the applicant has obtained
ENG/ BP applicable required permits from all responsible agencies and
PD that the plans and specifications conform to the permit
requirements prior to the issuance of grading or building permits.
3. Prior to acceptance of improvements or issuance of a Certificate
ENG/ CO of Occupancy, all improvements shall be subject to inspection
PD by City staff for compliance with the project description, permit
conditions, and approved development or improvement plans.
CONSTRUCTION MEASURES:
1. The applicant shall designate a project manager with authority
ENG BP to implement all mitigation measures and conditions of approval
PD 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.
2. Mitigation measures required during construction shall be listed as
PD BP conditions on the building or grading permits and signed by the
contractor responsible for construction.
3. City inspectors shall insure that construction activities occur with
ENG/ CO the approved plans and conditions of approval.
PD
4. If deemed appropriate by the City, the applicant shall arrange a
ENG/ BP pre-construction conference with the construction contractor,
PD City staff and responsible agencies to review the mitigation
measures and conditions of approval prior to the issuance of
grading and building permits.
Department Requested By or Due Date
PD Planning Division FM Final Map
FM Fire Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy
BD Building Division SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring
Resolution No. 2010-098 N.C.S. Page 7