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.
Planning Commission Resolution No, 2017 -16 Page 5
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