HomeMy WebLinkAboutPlanning Commission Resolution 2015-25 12/22/2015RESOLUTION NO. 2015 -.25
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION
FOR THE MARINA APARTMENTS PROJECT LOCATED AT THE PETALUMA MARINA
APN: 005 - 060 -089; 005 - 060 -052, -054, -059, -070, 072, -082, -084, and -085
FILE NO: PLZT -15 -0001, PLSR -15 -001 1
WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an application to modify the
General Development Plan for the Petaluma Marina Planned Commercial District ( "Marina PCD "), on behalf of
property owner Petaluma Marina Office Investors, LLC, to list multiple - family dwelling as a permitted use and
increase the maximum building height to five (5) stories, all to enable construction of a proposed eighty (80)
unit apartment building and other associated site improvements located at the northwest corner of Petaluma
Marina at APN 050 - 060 -089 and 005 - 060 -072 ( "Project "); and
WHEREAS, the submitted application includes a Site Plan and Architectural Review request and,
pursuant to the modified Marina PCD General Development Plan, would also include a Conditional Use Permit
request - all of which would be acted upon by the Planning Commission at a separate, subsequent public
hearing; 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 2025, 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 November 19, 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 November
19, 2015 and ending December 19, 2015 and a Notice of Public Hearing to be held on December 22, 2015
before the City of Petaluma Planning Commission, was published and mailed to all residents and property
owners within 1,500 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 December 22, 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 December 22, 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
Planning Commission Resolution No. 2015 -25 Page 1
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:
1. The Project is consistent with the Mixed Use General Plan land use designation because the project
includes multiple family dwellings, is below the maximum floor area ratio of 2.5, and, with
implementation if Mitigation Measure LU -1, is below the maximum residential density of 30.0 housing
units per acre.
2. The Project is, for the reasons discussed in the December 22, 2015 Planning Commission staff report,
consistent with the following General Plan policies: Policy 1 -P -1 (Development Within UGB); Policy 1-
P-2 (Efficient Land Use in UGB); Policy 1 -P -11 (Land Use Intensification); Policy 1 -P -27 (Parking
Solutions); Policy 2 -P -5 (Arterial Corridors); Policy 2 -P -11 (River Oriented Development); Goal 2 -G -5
(Lakeville Highway Connectivity); Policy 2 -P -27 (Petaluma Marina - Land Uses); Policy 2 -P -30
(Petaluma Marina - Compatibility).
With the Project conditioned to include: (a) the installation of a Class I bicycle facility between
Baywood Drive and Marina Avenue at APN 005 - 060 -065; and (b) dedication of a public access
easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005 - 060 -066); the
Commission finds it to be consistent with the following General Plan policies: Policy 5 -P -15 (Expand
and Improve Bikeway System); Policy 5 -P -20 (New Development); Policy 5 -P -22 (Pedestrian
Connectivity); Policy 5 -P -25 (Multi -Use Trails); Policy 5 -P -27 (Class I Facilities); Policy 5 -P -30 (New
Development); and Policy 5 -P -31 (Bicycling and Walking).
3. 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
Planning Commission Resolution No. 2015 -25 Page 2
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).
4. 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.
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.
ADOPTED this 22nd day of December, 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
t lyn Li , Cha'i
ATTEST-r ` APPROVEDIAS TO FORM-
NIL
He her Hines, Con mission Secretary
Eric W. Danly, City Attorney
Planning Commission Resolution No. 2015 -25 Page 3
Exhibit A
a 0. City of Petaluma, California
Community Development Department
Planning Division
11 English Street, Petaluma, CA 94952
Project Name: MARINA DRIVE APARTMENTS
File Number: File No. PLZT -15 -0001. PLSR -15 -0011
Address/Location: 0 Marina Avenue, Petaluma, CA
(APN: 005- 060 -089; 005- 060 -052, -054, -059, -070, 072, -082, -084, and -085)
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.
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.
Planning Commission Resolution No. 2015 -25 Page 4
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 Checldist
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 -25 Page 5
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