HomeMy WebLinkAboutPlanning Commission Resolution 2017-05 02/14/2017RESOLUTION 2017 -5
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION FOR
THE CITYWIDE CREEKS MAINTENANCE PROJECT
WHEREAS, the Citywide Creeks Maintenance Plan has been prepared by the Department of
Public Works that identifies periodic and ongoing management of sediment, vegetation and trash
along select creek reaches; and,
WHEREAS, the Citywide Creeks Maintenance Manual prepared at the request of the Regional
Water Quality Control Board has been drafted and provides the framework, guidance and procedures
under which to carry out all creek maintenance activities with the objective of balancing stormwater
conveyance needs while preserving water quality and protecting sensitive riparian habitats and
species; 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, 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
the Petaluma City Council 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, on or before February 14, 2017, 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 January 12, 2017 and ending February 13, 2017 and a Notice of Public Hearing to be held
on February 14, 2017 before the City of Petaluma Planning Commission, was published and mailed to all
interested parties having requested special notice of said proceedings; and,
WHEREAS, the Planning Commission held duly noticed public hearing on February 14, 2017, 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 February 14, 2017 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
Planning Commission Resolution No. 2017 -05 Page 1
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 qualify or greenhouse gas emissions impact found to be significant and
unavoidable in the General Plan 2025 EIR, because of the Project's emissions are well 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 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 project does have the potential to affect biological resources as defined in the
Fish and Game code, and is not exempt from the Fish and Wildlife filing fee; 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; 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 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.
C. 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.
Planning Commission Resolution No. 2017 -05 Page 2
i
ADOPTED this 14th day of February, 2017, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Albertson
X
Benedetti - Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
ATTEST:
eather Hines, Con/mission Secretary
jZ
Diana Gomez, Chair
APPROVED AS TO FORM:
r
Lisa Tennenbaum, Assistant City Attorney
Planning Commission Resolution No. 2017 -05 Page 3
Exhibit 1
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., CHAPTER 7, SECTION
22.030 - REGULATION OF NON - CONFORMING USES AND STRUCTURES
WHEREAS, on February 6, 2017, the City Council directed staff to proceed with an
amendment to Section 22.030 (Regulation of Non - conforming Uses and Structures) of the City of
Petaluma Implementing Zoning Ordinance; and
WHEREAS, on February 9, 2017, Eric Graven submitted an application to further the
direction provided by City Council on February 6, 2017 and requested sad change to the
Implementing Zoning Ordinance; and
WHEREAS, on February 28, 2017, the Planning Commission held a duly noticed public
hearing, pursuant to Implementing Zoning Ordinance § 25.050, to consider the application and
at which time all interested parties had the opportunity to be heard; and
WHEREAS, on February 28, 2017, the Planning Commission considered the staff report
dated February 28, 2017, analyzing the application, including the California Environmental
Quality Act ( "CEQA ") determination included therein; and
WHEREAS, at the conclusion of the Planning Commission's February 28, 2017 public
hearing, the Planning Commission adopted Resolution No. 2017 -6, recommending that the City
Council adopt the amendment; and
WHEREAS, The amendment is Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines § 15305 (Minor Alterations in Land Use
Limitations) in that the amendments involve minor modifications to the Implementing Zoning
Ordinance that do not result in significant changes in allowable land use or density; and
WHEREAS, on [month] [day], 2017, a public notice of the [month] [day], 2017 public
hearing before the City Council to consider the amendment was published in the Argus- Courier;
and
WHEREAS, on [month][day], 2017, the City Council of the City of Petaluma held a
duly noticed public hearing to consider the amendment; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
A. Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission
recommends that the City Council adopt the proposed amendment to Implementing Zoning
Ordinance §22.030 (Regulation of Non - conforming Uses and Structures), attached hereto as
Exhibit A, based on the following findings:
Section 1 (FINDINGS): The City Council of the City of Petaluma hereby finds:
1. The proposed amendment to the City's Implementing Zoning Ordinance, as presented in
Exhibit A, is in general conformity with the Petaluma General Plan 2025.
a. General Plan Policy 1 -P -7 states, "Encourage flexibility in building form and in the
nature of activities to allow for innovation and the ability to change over time." The
proposed amendment enables an appropriate level of flexibility and adaptability in
Planning Commission Resolution No. 2017 -06 Page 3
a particular type of small -scale business in a manner that, on balance, also conforms
to separate goals and policies related to improved air quality, safe pedestrian and
vehicle circulation, and promotion of sustainable economy, as described below.
b. General Plan Goal 5 -G -2 (Motor Vehicle Circulation) states, "Promote the safe
movement of people and goods through Petaluma's streets." As proposed, the text
amendment includes criteria in furtherance of this goal and which will ensure safety
for pedestrians and motorists.
c. General Plan Goal 9 -G -1 (Economic Health & Sustainability) states, "Establish a
diverse and sustainable local economy that meets the needs of the community's
residents and employers." The proposed text amendment will facilitate the continued
operation of small businesses that are ancillary to existing businesses and which
provide local employment opportunities.
2. The proposed amendments are consistent with the public necessity, convenience and
welfare in that they ensure Petaluma's land use and zoning regulations are promote and
support the goals and policies cited above.
Section 2 (AMENDMENT): Section 22.030(A) of the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows (text addition
in underline):
A. Modifications to Non - Conforming Uses and Structures. A non - conforming use or
structure shall not be enlarged, extended, or moved to a different portion of the lot
or parcel of land occupied by such use, except that a non - conforming structure may
be reconstructed in such a way as to make it conforming, and residential and
accessory structures located in appropriate residential districts which have non-
conforming setbacks may be altered or added to, provided that such alterations
and additions would not result in a greater non - conformity of setbacks and provided
further that minimum setback of ten (10) feet are maintained for a principal
structure's front and rear setbacks, three (3) feet for a principal structure's side
setback, and three (3) feet side and rear setbacks for accessory structures, including
telecommunications facilities (except for exempt facilities).
1. Notwithstanding Subsection 22.030(A), an existing drive -thru non - conforming use
utilizing a non - permanent structure that is an ancillary use on its parcel may be
relocated to another parcel so long as the use: (a) is otherwise a permitted use
on the site; (b) there is no intensification of the drive -thru component of the use;
and (c) there are adequate safety provisions for pedestrian and vehicular
circulation. The use at the new location shall remain a non - conforming use.
Section 3 (EFFECT): Except as amended herein, the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
Section 4 (SEVERABILITY): If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this ordinance. The City Council of
the City of Petaluma hereby declares that it would have passed and adopted this
Planning Commission Resolution No. 2017 -06 Page 4
ordinance and each and all provisions thereof irrespective of the fact that any one or more
of said provisions be declared unconstitutional, unlawful or otherwise invalid.
Section 5 (EFFECTIVE DATE): This ordinance shall become effective thirty (30) days after the
date of its adoption by the Petaluma City Council.
Section 6 (POSTING /PUBLISHING OF NOTICE): The City Clerk is hereby directed to publish or
post this ordinance or a synopsis for the period and in the manner provided by the City
Charter and other applicable law.
Planning Commission Resolution No. 2017 -06 Page 5