HomeMy WebLinkAboutPlanning Commission Resolution 2016-15 10/25/2016RESOLUTION NO. 2016 -15
CITY OF PETALUMA.PLANNING COMMISSION
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
ADOPTING A MITIGATION NEGATIVE DECLARATION APPROVING THE
LABCON WAREHOUSE ADDITON PROJECT
LOCATED AT 3200 LAKEVILLE HIGHWAY
APN: 005- 040 -039
FILE NO. PLSR -16 -0007
WHEREAS, Greg LeDoux of Greg LeDoux & Associates, Inc., on behalf of property owner Labcon
North America, submitted an application for Site Plan and Architectural Review for the construction of a
40,000 square foot addition to an existing industrial building including associated site improvements,
located on an approximately 10 -acre parcel at 3200 Lakeville Highway (APN 005 - 040 -039) (the
"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 the potential environmental effects of the Project in the Initial Study,
including but not limited to effects of biological resources, cultural resources, and transportation, the
City relied on the program EIR for the City of Petaluma General Plan 2025, 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 Project consistent with California
Environmental Quality Act (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 September 8, 2016, the City's Notice of Intent to Adopt a MND based on
the Initial Study, providing for a 30 -day public comment period commencing September 8, 2016 and
ending October 7, 2016, and a Notice of Public Hearing to be held on October 11, 2016 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 persons having requested special notice of said proceedings; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on October 11, 2016, at
which time all interested parties had the opportunity to be heard; and
WHEREAS, on October 11, 2016, after providing an opportunity for all interested parties to be
heard, the Planning Commission continued consideration of the Project to a date certain of October
25, 2016; and
WHEREAS, the Planning Commission considered the Project, the MND, the supporting Initial Study,
the staff reports dated October 1 1 and 25, 2016 analyzing the Project and the MND, 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
Planning Commission Resolution No. 2016 -15 Page 1
WHEREAS, the Initial Study applies the Bay Area Air Quality Management District's (BAAQMD)
CEQA 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 the Project's emissions are below significance
thresholds identified; and,
WHEREAS, the MND reflects the City's independent judgement 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
Project is the City of Petaluma Community Development Department, 1 1 English Street, Petaluma, CA
94952, Attention: Jacqueline Overzet; 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 FO PETLAUMA AS
FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the Planning Commission makes the following
findings:
a. 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.
b. The Project is, for the reasons discussed in the October 11 and 25, 2016 Planning Commission staff
reports, consistent with the following General Plan policies: Policy 2 -P -28 (Infill in Lakeville
Highway Subarea); Policy 1 -P -27 (Innovative Parking Solutions); Policy 1 -P -49 (Preserve Existing
Trees); Policy 2 -P -5 (Strengthen Visual and Aesthetic Character of Arterial Corridors); Policy 4 -P -3
(Special Status Species);
With the Project conditioned to include the construction of a Class I multi -use path between the
northwest boundary of the project site and an existing Class I multi -use path at APN 005 - 280 -056,
the Commission finds it to be consistent with the following General Plan goals and policies: Goal
2 -G -5 (Enhance Connectivity Along Lakeville Highway); Policy 5 -P -4 (Off -Site Mobility
Improvements); 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).
Planning Commission Resolution No. 2016 -15 Page 2
3. The Project is consistent with all development standards of the BP zoning district, including but not
limited to, those pertaining to setbacks, Floor to Area Ratio (FAR), and building height.
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.
The Mitigation Monitoring and Reporting Program, included at Exhibit 1, is hereby adopted.
Implementation of the mitigation measures included therein mitigates or avoids significant
environmental effects.
ADOPTED this 25th day of October, 2016, by the following vote:
Commission Member
Aye
No
Absent
Recused
Councilmember King
X
Benedetti- Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
ATTEST:
t ID
Diana Gomez, Chair
APPROVED AS TO FORM:
fither nes , Com VAsion Secretary Lisa Tennenbau , Assistant City Attorney
Planning Commission Resolution No. 2016 -15 Page 3
Project Name: LABCON WAREHOUSE ADDITION
File Number: File No. PLSR -16 -0007
Address /Location: 3200 Lakeville Highway, Petaluma, CA
(APN: 005 - 040 -039)
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.
Planning Commission Resolution No. 2016 -15 Page
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 or as otherwise specified herein.
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. 2016 -15 Page
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