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HomeMy WebLinkAboutResolution 2015-130 N.C.S. 08/03/2015Resolution No. 2015 -130 N.C.S. of the City of Petaluma, California CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE RAINIER CROSS -TOWN CONNECTOR PROJECT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Petaluma Public Works and Utilities Department ( "Applicant ") proposes a 0.65 mile, four lane arterial roadway featuring bridge, median, pedestrian, bicycle facilities and new signalized intersection. The Rainier Cross -Town Connector will connect North McDowell Boulevard on the eastern side of Highway 101 to Petaluma Boulevard North on the western side of the City ( "Project "); and WHEREAS, the Project boundaries constitute roadway and appurtenant improvements that would extend at grade from the signalized North McDowell Boulevard intersection, cross beneath Highway 101 under an elevated portion of the Freeway that will be constructed as part of the Marin- Sonoma Narrows HOV Project, would cross over the Sonoma Marin Area Rail Transit (SMART) Corridor and Petaluma River via a bridge, and return to grade proximate to Petaluma Boulevard North where it will terminate at a signalized T- intersection; and WHEREAS, the Notice of Preparation of the Draft Environmental Impact Report for the Project was mailed to all responsible and affected agencies on August 11, 2011, 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 Plan in accordance with Public Resources Code Section 21000 et seq. and CEQA Guidelines Section 15000 et seq., and circulated for public review between July 24, 2014 and September 8, 2014, with a notice inviting comments on the Draft EIR given in compliance with CEQA Guidelines Section 15087; and WHEREAS, Draft EIR relies on the EIR for the City of Petaluma General Plan 2025, certified by City Council Resolution No. 2008 -058 N.C.S on April 7, 2008, for information relating to certain cumulative impacts, 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 and Reporting Program adopted by the City as Exhibit B to Resolution No. 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 Resolution No. 2015 -130 N.C.S. Page 1 Adopting an Implementation and Mitigation Monitoring and Reporting Program in support of the General Plan 2025, pursuant to CEQA; and WHEREAS, the City distributed copies of the Draft EIR in conformance with CEQA 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 public meeting and hearing on August 12, 2014 to consider the Draft EIR; and WHEREAS, the City Council held a public meeting and hearing on September 8, 2014 to consider the Draft EIR; and WHEREAS, written and oral comments to 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, on June 23, 2015, the Planning Commission considered the Final EIR and accepted public testimony; and WHEREAS, the motion to recommend that the City Council certify the EIR and approve the Mitigation Monitoring and Reporting Program failed with a tie vote of Commissioners present at the June 23, 2015 meeting (3 -3); and WHEREAS, the City Council held a noticed public meeting on August 3, 2015, at which time it considered the Final EIR and accepted public testimony; 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 EIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures, and pursuant to CEQA Guidelines Section 15091(d), a Mitigation Monitoring and Reporting Program has been prepared and set forth with the Final EIR to ensure that all mitigation measures which serve to reduce environmental impacts of the Project are fully implemented; and Resolution No. 2015 -130 N.C.S. Page 2 WHEREAS, it is recognized that the project will contribute to significant and unavoidable cumulative impacts identified in the City's General Plan EIR including a) City -wide traffic -noise impact; b) greenhouse gas emissions; and c) deficient level of service (LOS) at the Rainier Avenue/North McDowell Boulevard intersection; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby certifies the Final Environmental Impact Report and finds as follows: The Final Environmental Impact Report for the Project has been completed in compliance with CEQA, the 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; and 3. The Final Environmental Impact Report reflects the City's independent judgment and analysis of the potential for environment impacts 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 Council of the City of Petaluma at a Regular meeting on the 3`d day of August, 2015, by the following vote: AYES: Albertson, Healy, Kearney, King, Vice Mayor Miller NOES: Barrett, Mayor Glass ABSENT: None ABSTAIN: None ATTEST: City Clerk ayor Resolution No. 2015 -130 N.C.S. Page 3