HomeMy WebLinkAboutPlanning Commission Resolution 2015-20 11/10/2015RESOLUTION NO. 2015-20
CITY OF PETALUMA PLANNING COMMISSION
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE ALTURA APARTMENTS
PROJECT LOCATED AT THE NORTHWEST CORNER OF BAYWOOD DRIVE AND PERRY LANE
APN: 005-201-001
FILE NO: PLSR-14-0024
WHEREAS, Robert Lawler submitted an application for Site Plan and Architectural Review,
on behalf of property owner Baywood Equities, LP, for the construction of a residential
apartment development including one -hundred fifty (150) rental units, a community building,
four outdoor common use areas, and other associated site improvements located at the
northwest corner of Baywood Drive and Perry Lane (APN 005-201-001) ("Project"); and
WHEREAS, occupancy in 15% of the Project (i.e., 23 units) is proposed to be restricted to
low and very -low income households for a period of thirty (30) years, which includes fourteen
(14) units restricted to households that earn no greater than 60% of the area median income,
and nine (9) units restricted to households that earn no greater than 50% of the area median
income; 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 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 §§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 duly noticed public hearing on September 8,
2015, at which time all interested parties had the opportunity to be heard; and,
Planning Commission Resolution No. 2015-20 Page 1
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
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, 11 English St. Petaluma, CA 94952, Attention: Kevin Colin;
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. Based on the its review of the entire record herein, the Planning Commission makes
the following findings:
The Project is consistent with the High Density Residential General Plan land use
designation because the project includes multiple family housing between 18.1
and 30.0 housing units per acre. As proposed, the Project is 27.0 housing units per
acre.
2. The Project would voluntarily contribute affordable housing, in the manner
described above, without any request for density bonus, incentive or concession
pursuant to Government Code §65915. The City of Petaluma Housing Element
2015-2023 establishes there is an existing unmet need for very low and low
income housing units and insufficient public funds to facilitate their construction.
The Project provides a significant public benefit by providing affordable housing
Planning Commission Resolution No. 2015-20 Page 2
units at no cost to the public and which contribute towards the City of
Petaluma's Regional Housing Needs Allocation.
3. The Project is, for the reasons discussed in the September 8, 2015 Planning
Commission staff report, consistent with the following General Plan policies: 2-G-2
(Land Use), Policy 1-P-3 (Scale and Character); Policy 1-P-14 (Transition Between
Uses); Policy 1-P-127 (Parking Solutions); Policy 1-P-49 (Existing Trees); Policy 2-P-1
(Development Within UGB); Policy 2-P-121 (Green Building); Policy 2-P-122
(Construction Recycling); Policy 4-P-6 (Tree Planting); Policy 4-P-10 (Electric
Vehicle Charging); Policy 5-P-1 (Interconnected Mobility System); Policy 5-G-5
(Pedestrian & Bicycle System); Policy 5-P-22 (Pedestrian Connectivity); Policy 5-P-
23 (Pedestrian Access); Policy 5-P-24 (Pedestrian Network Near Schools, Transit,
Shopping and Mixed Use Corridors); and Policy 5-P-31 (Bicycle and Pedestrian
Support Facilities).
4. 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 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).
5. 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.
C. 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.
D. 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, 11 English St. Petaluma, CA
94952.
E. The Mitigation Monitoring and Reporting Program, included as Exhibit A, is hereby
adopted. Implementation of the mitigation measures included therein mitigates or
avoids significant environmental effects.
Planning Commission Resolution No. 2015-20 Page 3
ADOPTED this 10th day of November, 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
ATTEST:
f,
other Hines, Commission Secretary
Joc lyn Lin, Cv air
APPROVED AS TO FORM:
f
I, -
Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2015-20 Page 4
Exhibit 7A]
L
"U
� � � City of Petaluma, California
Community Development Department
\ Planning Division
11 English Street, Petaluma, CA 94952
Project Name: ALTURA APARTMENTS
File Number: File No. PLSR-14-0024
Address/Location: NW Corner of Baywood Drive/Perry Lane, Petaluma, CA (APN: 005-201-
001)
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.
CEQA requires that this MMRP be adopted in conjunction with project approval, which relies
upon a Mitigated Negative Declaration.
The purpose of this MMRP is 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 following table lists each of the mitigation measures adopted by the City in conjunction 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.
Planning Commission Resolution No. 2015-20 Page 5
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. All mitigation measures shall be incorporated as conditions of project approval.
8. 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.
MMRP Checklist
The following table lists each of the mitigation measures adopted by the City in connection with
project approval, the timeframe to which the measure applies, the person/agency/permit
responsible for implementing the measure, and the status of compliance with the mitigation
measure.
Planning Commission Resolution No. 2015-20 Page 6
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