HomeMy WebLinkAboutStaff Report 5.A 01/28/2019 Attachment 06-03ATTACHMENT 3
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ADOPTING A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORT PROGRAM
FOR THE SAFEWAY FUEL CENTER PROJECT
LOCATED AT 335 SOUTH MCDOWELL BOULEVARD
APN: 007-820-046
FILE NO: PLSR-13-0012
WHEREAS, Rutan & Tucker, LLP„ on behalf of property owner Washington Square Associates, LLC.,
submitted an application for Site Plan and Architectural Review approval to demolish an existing 13,770
square foot vacant building and construct a new 5,931 square foot fueling canopy, 16 fuel dispensers, a
697 square foot convenience store, and associated landscaping and appurtenant parking ("Project")
located at 335 South McDowell Boulevard at APN 007-820-046; 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 on air quality, biology, cultural resources, geology and soils, hazardous
materials, noise, and traffic, the City relied on the General Plan 2025 EIR certified on April 7, 2008 (General
Plan EIR) by 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 (Exhibit 1) for the proposed Project consistent with
CEQA Guidelines §15162 and §15163 and determined that a Mitigated Negative Declaration was
supported by substantial evidence in the records and that no new or additional significant environmental
impacts beyond those identified in the General Plan EIR would result from implementation of the Project;
and,
WHEREAS, pursuant to Section 15074 of the CEQA Guidelines, a Mitigation Monitoring and
Reporting Program was prepared (and is labeled Exhibit 2), attached hereto and made a part the record
hereof; and
WHEREAS, on or before April 5, 2018 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 April
5, 2018 and ending May 7, 2018; and a Notice of Public Hearing to be held on May 8, 2018 before the
City of Petaluma Planning Commission, were published and mailed to all residents and property owners
within 500 feet of the Project; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on May 8, 2018, at which
time all interested parties had the opportunity to be heard; and,
WHEREAS, on May 8, 2018, the Planning Commission continued the item to a date certain of June
26, 2018 to allow interested parties an opportunity to review technical studies and comments received
about the project; and
WHEREAS, a notice of public hearing was published in the Argus Courier on June 13, 2018 and
Planning Commission Resolution No. 2018-21 A Page 1
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mailed to all occupants and property owners within 500 feet of the Project and all commenters on the
project; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on June 26, 2018, at which
time all interested parties had the opportunity to be heard; and,
WHEREAS, the Planning Commission considered the Project, the Mitigated Negative Declaration
and supporting Initial Study, Response to Comments, the staff reports dated May 8, 2018 and June 26,
2018 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 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 Mitigated Negative Declaration reflects the City's independent judgment and
analysis of the potential for environmental impacts from the Project; and,
WHEREAS, the Mitigated Negative Declaration 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,
1.1 English St. Petaluma, CA 94952, Attention: Milan Nevajda; and
WHEREAS, the Initial Study for the Project identified no potentially significant impacts, 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:
The proposed construction of the Safeway Fuel Station project at 335 South McDowell
Boulevard is, for the reasons discussed in the May 8 and June 26, 2018 2018 Planning
Commission staff reports, consistent with the following Petaluma General Plan policies: Policy
1-P-2 (Promote infill development), Policy I -P-6 (mixed-use development) 1-P-11 (Land use
intensification at strategic locations), Policy 1-P-14.(street trees), Policy 2-P-5 (Strengthen the
visual and aesthetic character of major arterials), Policy 4-P-10 (Electric Charging stations),
Policy 5-P-42 (expand bus transit), Policy 6-P-29 (Integrate Art), Policy 10-P-3 (Protect Public
Health and Welfare), and Policy 10-P-4 (Transport of Hazardous Materials).
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2. The Project is consistent with the "Community Commercial" General Plan land use designation
because the project contributes to the variety of commercial services provided to the larger
the region from this area of Community Commercial property.
C. Based on its review of the entire record herein, including the Mitigated Negative Declaration, the
Initial Study, Response to Comments, all supporting, referenced and incorporated documents and
all comments received, the Planning Commission finds that there is no substantial evidence that
the Project will have a significant effect on the environment, that the Mitigated Negative
Declaration reflects the City's independent judgment and analysis, and that the Mitigated
Negative Declaration, 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.
ADOPTED this 261h day of June, 2018, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Healy
X
Chair Benedetti- Petnic
X
Alonso
X
Bauer
X
Gomez
X
Marzo
X
Vice Chair Wolpert
X
Gina Benedetti - Petnic, Chair
ATTEST: APP
H, other Hines, ommission Secretary Eric Danly, City
Planning Commission Resolution No. 2018-21A
D AS TO FORM:
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