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HomeMy WebLinkAboutPlanning Commission Resolution 2017-16 07/25/2017RESOLUTION 2017 -16 CITY OF PETALUMA PLANNING COMMISSION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE CAGWIN & DORWARD PROJECT LOCATED AT THE NORTHEAST CORNER OF TECHNOLOGY LANE AND TELECOM LANE APN: 005 - 040 -055 File No. PLMA -16 -0013 WHEREAS, Greg LeDoux of Greg LeDoux & Associates submitted an application on behalf of property owner Eagle Lakeville Partners, LP, for (a) an amendment to the Park Central Planned Commercial District ( "Park Central PCD ") that lists 'Maintenance /Repair - Client Site Services', as defined by Implementing Zoning Ordinance Chapter 28 (Glossary), as a permitted use at APN 005 -040- 055; and (b) Site Plan and Architectural Review approval for a proposed office /landscape maintenance operations facility including 22,724 square feet of building floor area for approximately 100 employees, as well as parking for maintenance, trucks and trailers, and shop and warehouse space for equipment and vehicle maintenance, and other associated site improvements ( "Project ") located at the northeast corner of the Technology Lane and Telecomm Lane at APN 050 - 040 -055; 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 June 29, 2017, the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing for a 20 -day public comment period commencing on June 29, 2017 and ending July 19, 2017 and a Notice of Public Hearing to be held on July 25, 2017 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 July 25, 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 July 25, 2017 analyzing 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 2017, 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 -16 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 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 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 it consists of a commercial land use below the maximum permitted floor- area -ratio of 2.5. Moreover, the project, as a component of the Park Central PCD, also furthers the Mixed Use designation by providing new jobs in a mixed use setting and which are located within close walking distance of nearby residences. 2. The Project is, for the reasons discussed in the July 25, 2017 Planning Commission staff report, consistent with the Petaluma General Plan. 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 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. Planning Commission Resolution No. 2017 -16 Page 2 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 Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program, included as Exhibit 1, are hereby adopted. Implementation of the mitigation measures included therein mitigates or avoids significant environmental effects. ADOPTED this 251" day of July, 2017, by the following vote: Commission Member Aye No Absent Abstain Councilmember Albertson X Chair Benedetti- Petnic X Alonso X Bauer X Gomez X Marzo X Vice Chair Wolpert X Gina Benedetti - Petnic, Chair p, L rj Exhibit 1 City of Petaluma, California Community Development Department r85 Planning Division 11 English Street, Petaluma, CA 94952 Project Name: CAGWIN &DORWARD File Number: File No. PLMA -16 -0013 Address /Location: Northeast corner of Technology Lane and Telecom Lane (APN: 005 - 040 -055) 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. Planning Commission Resolution No. 2017 -16 Page 4 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. 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