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HomeMy WebLinkAboutResolution 2008-058 N.C.S. 04/07/2008Resolution No. 2008-058 N.C.S. of the City of Petaluma, California CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF PETALUMA GENERAL PLAN 2025 WHEREAS, the Notice of Preparation of the Draft Environmental Impact Report for the City of Petaluma General. Plan 2025 ("the Project") was mailed to all responsible and affected agencies on August 11, 2004, 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 September 12, 2006 and May 7, 2007. A notice inviting comments on the Draft EIR was given in compliance with CEQA Guidelines Section 15085. 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, noticed public meetings were held on September 26; October 2, 10, 16, and 24; November 6, 14, 20, and 28; December 4, 12, and 18, 2006; January 9, 22, 23; February 5, 12, 20, 22, 26, and 27; March 5, 13, 19, and 27; April 16 and 23; May 7 and 21, 2007 at which the Planning Commission. and City Council considered the Draft EIR and accepted public testimony; and, WHEREAS, a Revised Draft EIR -Greenhouse Gas Emissions 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 November 20, 2007 and January 7, 2008. A notice inviting commments 'on the Revised Draft EIR. was given in compliance with CEQA Guidelines Section 15085; and, Resolution No. 2008-058 N.C.S. Page 1 WI~EREAS, the City distributed copies of the Revised 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, noticed public meetings were held on November 27; December 3 and 11, 2007; and January 7, 2008 at which the Planning Commission and City Council considered the Revised Draft EIR and accepted public testimony; and, WHEREAS, written and oral comments to the Draft EIR and Revised 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, pursuant to Public Resources Code Section 21092.5, the City provided notice regarding the availability of the Final EIR and circulated the proposed responses to comments to public agencies submitting comments on the Draft EIR; and, WHEREAS, the Planning Commission held noticed public meetings on March 4 and March 11, 2007 at which time it considered the Final EIR and accepted public testimony,• and, WHEREAS, the Planning Commission recommended on March 11, 2008 that the City Council certify the FEIR; and, WHEREAS, on March 17, 2008 and March 31, 2008 the City Council held noticed public meetings at which it considered the Final EIR and accepted public testimony; and, WHEREAS, the Final EIR identifies significant impacts that can be mitigated, and significant unavoidable impacts for the Project. If, after review of the certified EIR, and upon consideration of the Project, the City Council determines to approve the Project, the approval must be supported by mitigation findings pursuant to CEQA Guidelines section 15091, will be required to adopt a mitigation monitoring and reporting program pursuant to CEQA Guidelines section 15097, and will be required to adopt a Statement of Overriding Considerations pursuant to CEQA Guidelines section 15093. All required findings shall be included in such approval as appropriate. NOW, THEREFORE, BE IT RESOLVED the City Council finds and determines as follows: Resolution No. 2008-058 N.C.S. Page 2 Pursuant to 15090 of the California Environmental Quality Act (CEQA) Guidelines, and based on the evidence and oral and written testimony presented. at the public hearings and meetings, and all information contained in the General Plan Administration Department's files (incorporated herein by reference) on the City of Petaluma General Plan 2025, including but not limited to the Petaluma General Plan Existing Conditions, Opportunities and Challenges Report (October 2002), the Petaluma General Plan Land Use & Mobility Alternatives Report (February 2004), and the EIR, the City Council of the City of Petaluma does hereby certify, in accordance with Section 15090 of the State CEQA Guidelines, that: (1) The EIR for this project consists of the Draft EIR dated September 2006, the Revised Draft EIR dated November 2007, Technical Appendices 1 through 4, the Final EIR (Technical Appendices Volumes 6A, B and C) and two early preparatory documents (The Existing Conditions, Opportunities, and Challenges Report and the Land Use and Mobility Alternatives ..Report) with response to comments dated February 14, 2008, all of which documents are incorporated herein by reference; and, (2) The Final EIR has been completed in compliance with CEQA; and, (3) The Final EIR was presented to the Petaluma City Council, the decision-making body of the City of Petaluma, the lead agency for the Project, and the City Council as said decision-making body reviewed and considered the information contained in the Final EIR prior to taking action on the Project; and, (4) The Final EIR reflects the lead agency's independent judgment and analysis. [Jnder the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the ~ A}jpr~s to Council of the City of Petaluma at a Regular meeting on the 7`h day of April, 2008, l/'/ f nn, by the following vote: AYES: Barrett, Freitas, Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt NOES: None ABSENT: None ~ ABSTAIN: None ~~ ATTEST: City Clerk /Mayor City Resolution No. 2008-058 N.C.S. Page 3