HomeMy WebLinkAboutResolution 2014-189 N.C.S. 12/01/2014Resolution No. 2014-189 N.C.S.
of the City of Petaluma, California
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR THE 2015-2023 HOUSING ELEMENT UPDATE AND TEXT AMENDMENTS TO
THE IMPLEMENTING ZONING ORDINANCE AND SMARTCODE
WHEREAS, State law requires California cities to prepare and adopt a general plan to
guide future development of the city, including a Housing Element as one of the mandatory
elements in a city's general plan; and
WHEREAS, State law requires that cities comprehensively update their Housing
Elements to ensure their plans can accommodate future demand for housing; and
WHEREAS, the City of Petaluma ("City") last updated its Housing Element in 2009:
and
WHEREAS, the proposed 2015-2023 Housing Element Update ("Housing Element")
identities and analyzes existing and projected housing needs and states goals, policies, quantified
objectives and special programs for the preservation, improvement and development of housing
in the City from 2015 through 2023; and
WHEREAS, the proposed Housing Element has been prepared in conformance with the
requirements of State law, including but not limited to Article 10.6 (Housing Elements) of the
Government Code and was released for preliminary review as a draft to the State Department of
I lousing and Community Development; and
WHEREAS, the proposed Housing Element is consistent with the Petaluma General
Plan 2035, adopted by the City on May 19, 2008, and specifically, is consistent with the existing
Land Use Element of the Petaluma General Plan 2025: and
WHEREAS, on April 7, 2008. the City adopted Resolution No. 2008-058 N.C.S..
certifying the Final Environmental Impact Report for the General Plan 2025 ("Final EIR-) in
compliance with the California Environmental Quality Act ("CEQA"); and
WHEREAS, on May 19, 2009. in Resolution No. 2008-081 N.C.S., the City Council
adopted findings relating to environmental impacts identified in the General Plan EIR, including
a finding that the General Plan EIR would serve as a document which could be relied on by
future projects to satisfy certain CEQA requirements: and
WHEREAS, the General Plan 2035 was adopted on May 19, 2008 by Resolution No.
2008-085 N.C.S.: and
WHEREAS, the project does not modify density, change land uses or provide for future
development other than as contemplated in the General Plan 2025 and evaluated in the General
Plan 2025 EIR; and
WHEREAS, no specific development projects are approved by the project, which
consists of a general planning and policy document and related zoning amendments: and
Resolution No. 2014-189 N.C.S. Pnge I
WHERE, AS, the City prepared an Initial Study for the project pursuant to CEQA, Title
14 of the California Code of Regulations. §§15000 et sec). ("CEQA Guidelines") and the City of
Petaluma Environmental Review Guidelines to further assess the potential environmental effects
of the Housing Element, including any new or more significant effects that were not studied in
the General Plan FIR; and
WHEREAS, the analysis contained in the Initial Study determined that there is no
substantial evidence that the project will have a significant effect on the envirorunent, other than
possible incremental contributions to the significant and unavoidable impacts identified in the
General Plan EIR. and a Negative Declaration was therefore appropriate; and
WHEREAS, the General Plan Final FIR and the Housing Element Initial Study/
Negative Declaration adequately address the environmental effects of the project for the
purposes of CEQA such that further analysis of the effects in a second EIR would be duplicative
(see CEQA Guidelines §I5152(d)); and
WHEREAS, notice of the City's intention to adopt a Negative Declaration and of the
availability of the Negative Declaration for a thirty day public review and comment period was
originally given on October 9, 3014 in accordance with CEQA: and
WHEREAS, on October 28, 2014, the City of Petaluma Planning Commission
conducted a duly noticed public hearing to consider and review the Housing Element and
Negative Declaration for recommendation to the City Council.
WHEREAS, after the conclusion of said public hearing, the Planning Commission
adopted its Resolution No. 3014-37, unanimously recommending that the City Council adopt the
Negative Declaration of Environmental Impact for the project: and
WHEREAS, on December 1, 2014, the City Council held a properly noticed hearing.
accepted comments from all interested parties on the proposed Negative Declaration, including
the Initial Study.
NOW, THEREFORE, BE IT RESOLVED:
1. Findings and Adoption of Negative Declaration. After independent review and
consideration of the information in the environmental documentation, including but not
limited to the Negative Declaration, its supporting Initial Study, all documents and
studies referred to or incorporated in the Initial Study and the record of these
proceedings, the City Council:
a. Finds that the Petaluma 2015-2023 Housing Element and the test amendments to
the Implementing Zoning Ordinance and SmartCode ("collectively, the project') will not
result in nor increase the significance under CEQA of any significant or potentially
significant environmental effects not previously evaluated in the Final Environmental
Impact Report for the General Plan 3025.
b. Finds that further analysis of the projects effects in an additional EIR would be
merely duplicative and adopts the Negative Dec taration/lnitial Study of Environmental
Significance for the project.
Resolution No. 2014-189 N.C.S. Page 2
c. Adopts the Negative Declaration for the project.
2. Notice of Determination. City staff is directed to file a Notice of Determination
following adoption of the Petaluma 2015-2023 Housing Element and approval of the test
amendments to the Implementing Zoning Ordinance and SmartCode in accordance with
CEQA.
3. Record. The location and custodian of the documents and/or other material which
constitute the record of proceedings upon which the decision is based is the City of
Petaluma, 11 English Street, Petaluma, CA 94952, attention: City Clerk.
4. Effective Date. This resolution shall take immediate effect.
Linder the power and authority conferred upon this Council bN the Charter ol'said City.
REFERENCE: I herebN certify the foregoing Resolution was introduced and adopted by the pproNxMns to
Cotmcil of the City o1' Petaluma at a Regular meeting on the I" Jap of December. li/rm:
2014, by the following vote:
City Attorney
AYES: Barrett. Mayor Glass, Harris, I-lealy. Vice MaYor Kearney, Miller
NOES: None
ABSENT: Albertson
ABSTAIN: None ,
ATTEST: �Jpjja � �/ l�8-Ia}vr
Resolution No. 3014-189 N.C.S. Page 3