HomeMy WebLinkAboutPlanning Commission Resolution 2015-14 09/08/2015RESOLUTION NO. 2015-14
CITY OF PETALUMA PLANNING COMMISSION
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE CADER CORPORATE CENTER
PROJECT LOCATED AT 1480 CADER LANE (APN: 005-040-057)
FILE NO: PLSR-15-0005
WHEREAS, Danny Garon submitted an application for Site Plan and Architectural Review for
the development of three (3) tilt up warehouse style buildings, totaling 267,840 square feet in floor
area, to house light industrial and distribution uses and located at 1480 Cader Lane (APN 005-040-
057) ("Project"); and
WHEREAS, the Project is subject to 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 20205, certified on April 7, 2008
(General Plan EIR) by 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 § 15162 and § 15163 and determined that a Mitigated Negative Declaration (MND) 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 August 6, 2015, the City's Notice of Intent to Adopt a Mitigated
Negative Declaration based on the Initial Study, providing for a 30 -day public comment period
commencing August 6, 2015 and ending September 4, 2015 and a Notice of Public Hearing to be
held on September 8, 2015 before the City of Petaluma Planning Commission, was published and
mailed to all residents and property owners within 500 feet of the Project as well as all persons
having requested special notice of said proceedings; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on September 8,
2015, at which time all interested parties had the opportunity to be heard; and,
WHEREAS, the Planning Commission considered the Project, the MND, the supporting Initial
Study, the staff report dated September 8, 2015 analyzing the MND and the Project, 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 hearings; and,
WHEREAS, the Initial Study applies the BAAQMD's California Environmental Quality Act - Air
Quality Guidelines, May 2012, including the BAAQMD thresholds of significance adopted in June
2010. As lead agency under CEQA, the City of Petaluma has the discretion to rely upon the
BAAQMD CEQA Guidelines and thresholds of significance since they include the best available
Planning Commission Resolution No, 2015-14 Page 1
scientific data and most conservative thresholds available for comparison of the Project's
emissions. Comparison of the Project's emissions against these thresholds provides a conservative
assessment as the basis for a determination of significance; and,
WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the
BAAQMD CEQA Guidelines and thresholds of significance, the Project does not make a
considerable contribution to a significant cumulative air quality or greenhouse gas emissions
impact found to be significant and unavoidable in the General Plan 2025 EIR, because of the
Project's emissions are below significance thresholds identified; and.,
WHEREAS, the MND reflects the City's independent judgment and analysis of the potential
for environmental impacts from the Project; and,
WHEREAS, the MND, Initial Study and related project and environmental documents,
including the General Plan 2025 EIR and all documents incorporated herein by reference, are
available for review in the City Community Development Department 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 is the City of Petaluma Community Development
Department, 1 1 English St. Petaluma, CA 94952, Attention: Lilly Bianco; and
WHEREAS, while the Initial Study for the Project identified potentially significant impacts, all
significant impacts are mitigated to a less than significant level and therefore the Project would not
result in any significant impacts to the environment.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA
AS FOLLOWS:
A. The foregoing recitals are true and correct and incorporated herein by reference.
B. The Project is consistent with the General Plan 2025 Business Park land use designation in
that light processing and manufacturing and wholesale and distribution, are principally
permitted uses. In particular, the project is consistent with the following goals, policies, and
programs of the 2025 General Plan:
1-P-9 Support continued development and intensification of employment centers.
4-P-9 Require a percentage of parking spaces in large parking lots or garages to
provide electrical vehicle charging facilities.
4-P-19 Encourage use and development of renewable or non-traditional sources of
energy
5-P-22 Preserve and enhance pedestrian connectivity in existing neighborhoods and
require well connected pedestrian network linking new and existing
developments to adjacent land uses.
C. The Project, as conditioned, is consistent with the BP zoning district as the Project complies
with all development standards for the BP zoning district, including setbacks, Floor to Area
Ratio (FAR), and building height.
D. Pursuant to the analysis in the Initial Study, the Project does not make a cumulatively
considerable contribution to the significant and unavoidable cumulative traffic and/or
noise impacts identified in the General Plan 2025 EIR because although the Project would
contribute vehicle trips to intersections identified in the General Plan EIR as operating at an
unacceptable LOS at build -out, the affected intersections have either already been
determined to acceptably operate at an LOS E or LOS F due to overriding considerations
Planning Commission Resolution No. 2015-14 Page 2
and conflicts with other General Plan policies or the Project's contribution to those
intersections are below the threshold established by the General Plan EIR (i.e., cause the
LOS to deteriorate to the next lowest level).
E. With regard to noise, the Project is considered to result in an effect that is less than
cumulatively considerable because the project excludes new stationary noise sources and
its incremental contribution through vehicular trips is insufficient to result in a perceptible
change in noise level.
F. Based on its review of the entire record herein, including the MND, the Initial Study, all
supporting, referenced and incorporated documents and all comments received, the
Planning Commission finds that there is no substantial evidence that the Project as
mitigated will have a significant effect on the environment, that the MND reflects the City's
independent judgment and analysis, and that the MND, Initial Study and supporting
documents provide an adequate description of the impacts of the Project and comply with
CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines.
G. The Mitigation Monitoring and Reporting Program, included as Exhibit 1, is hereby adopted.
Implementation of the mitigation measures included therein mitigates or avoids significant
environmental effects.
ADOPTED this 8th day of September, 2015, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Barrett
X
Vice Chair Benedetti-Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
214 -
Jo lyn Lin, C.1
t
ATTEST: APP VED AS TO FORM:
H f er Hines, Cc -"mission Secretary Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2015-14 Page 3
Exhibit 1
_ City of Petaluma, California
Community Development Department
Planning Division
Y85a 11 English Street, Petaluma, CA 94952
Project Name: Cader Corporate Center
File Number: PLSR-15-0005
Address/Location: 1480 Cader Lane
MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance
with Section 21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of
the CEQA Guidelines. This document has been developed to ensure implementation of
mitigation measures and proper and adequate monitoring/reporting of such implementation.
This MMRP shall be adopted in conjunction with project approval, which relies upon a
Mitigated Negative Declaration.
It is the intent of this MMRP to: (1) document implementation of required mitigation; (2) identify
monitoring/reporting responsibility, be it the lead agency (City of Petaluma), other agency
(responsible or trustee agency), or a private entity (applicant, contractor, or project manager);
(3) establish the frequency and duration of monitoring/reporting; (4) provide a record of the
monitoring/reporting; and (5) ensure compliance. The City of Petaluma's Planning Commission
has adopted those mitigation measures within its responsibility to implement as binding
conditions of approval.
The following table lists each of the mitigation measures adopted by the City in connection with
project approval, the implementation action, timeframe to which the measure applies, the
monitoring/reporting responsibility, reporting requirements, and the status of compliance with
the mitigation measure.
Implementation
The responsibilities of implementation include review and approval by City staff including the
engineering, planning, and building divisions. Responsibilities include the following:
1. The applicant shall obtain all required surveys and studies and provide a copy to the City
prior to issuance of grading permits or approvals of improvements plans.
2. The applicant shall incorporate all applicable code provisions and required mitigation
measures and conditions into the design and improvements plans and specifications for
the project.
3. The applicant shall notify all employees, contractors, subcontractor, and agents involved
in the project implementation of mitigation measures and conditions applicable to the
project and shall ensure compliance with such measures and conditions.
4. The applicant shall provide for the cost of monitoring of any condition or mitigation
measure that involves on-going operations on the site or long-range improvements.
5. The applicant shall designate a project manager with authority to implement all mitigation
measures and conditions of approval 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.
6. Mitigation measures required during construction shall be listed as conditions on the
building or grading permits and signed by the contractor responsible for construction.
7. If deemed appropriate by the City, the applicant shall arrange a pre -construction
conference with the construction contractor, City staff and responsible agencies to review
the mitigation measures and conditions of approval prior to the issuance of grading and
building permits.
Monitoring and Reporting
The responsibilities of monitoring and reporting include the engineering, planning, and building
divisions, as well as the fire department. Responsibilities include the following:
1. The Building, Planning, and Engineering Divisions and Fire Department shall review the
improvement and construction plans for conformance with the approved project
description 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 applicable required
permits from all responsible agencies and 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 of Occupancy, all
improvements shall be subject to inspection by City staff for compliance with the project
description, permit conditions, and approved development or improvement plans.
4. City inspectors shall ensure that construction activities occur in a manner that is
consistent with the approved plans and conditions of approval.
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