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HomeMy WebLinkAboutResolution 2019-058 N.C.S. 05/06/2019Resolution No. 2019-058 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE DECRISTO MULTI -FAMILY PROJECT LOCATED AT 109 ELLIS STREET APN: 007-361-003 FILE NO. PLSR-18-0030 WHEREAS, Jerry A. Kler submitted, on behalf of property owner , an application for Site Plan and Architectural Review including requests for a Residential Density Bonus and a Development Concession/Incentive for the construction of a new multi -family residential project containing three, three-story buildings comprised in total of 13 residential units, 22 off-street vehicular parking spaces, and site improvements including landscaping within the Residential 4 (R4) zone with Flood Plain -Combining (FP -C) Overlay, located on a 0.705 -acre site at 109 Ellis Street (APN 007-361-003) (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 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 adoption of Resolution No. 2008-058 N.C.S., which is incorporated herein by reference 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. WHEREAS, on or before March 19, 2019, 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 March 22, 2019 and ending April 22, 2019, and a Notice of Public Hearing to be held on April 9, 2019 before the City of Petaluma Planning Commission were published in the Petaluma Argus -Courier and mailed to all residents and property owners within 1,000 feet of the Project as well as all persons having requested special notice of said proceedings; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 9, 2019, at which time all interested parties had the opportunity to be heard; and Resolution No. 2019-058 N.C.S. Page 1 WHEREAS, the Planning Commission considered the Project, the MND, the supporting Initial Study, the staff report, 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, on April 9, 2019, the Planning Commission adopted Resolution No. 2019- 05 making a recommendation to the City Council that the City Council adopts the Mitigated Negative Declaration with modifications to the Mitigation Monitoring and Reporting Program prepared for the Project including modifications to mitigation measures related to Cultural Resources and Noise; and WHEREAS, a Notice of Public Hearing to be held on May 6, 2019 before the City of Petaluma City Council was published in the Petaluma Argus -Courier and mailed to all residents and property owners within 1,000 feet of the Project as well as all persons having requested special notice of said proceedings; and WHEREAS, the Initial Study applies the BAAQMD's California Environmental Quality Act - Air Quality Guidelines including the BAAQMD thresholds of significance. 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 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; 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. Resolution No, 2019-058 N.C.S. Page 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 City Council makes the following findings: a. The Project is consistent with the General Plan 2025 Medium Density Residential land use designation in that the Medium Density Residential provides for a variety of dwelling types, including single-family and multi -family housing at a density of 8.1 to 18.0 units/acre. b. The Project is, for the reasons discussed in the May 6, 2019 City Council staff report, consistent with the following General Plan policies: Policy 1-P-2 (Efficient Land Use), Policy 1-P-6 (Encourage Mixed -Use Development), Goal 2-G-3 (Payran-McKinley Neighborhood Character), Policy 4 -P -l.0 (Creek Setbacks), Policy 5-P-15 (Bikeway Implementation), Policy 5-P-26 (Creek Trail Access), and Housing Element Policies 1.1 (Encourage Residential Development), 1.2 (Optimize Development Potential), and 4.2 (Affordable Housing Production). c. The Project is consistent with all development standards of the Residential 4 (R4) zoning district, including but not limited to, those pertaining to uses, setbacks, building height, floor area ratio, and parking. d. 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). e. 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. 3. 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 City Council 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. Resolution No. 2019-058 N.C.S. Page 3 4. 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. Based on its review of the entire record herein, including the May 6, 2019 City Council staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council adopts the Mitigated Negative Declaration prepared for the Project. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 611 day of May 2019, fore by the following vote: , City Attorney AYES: Mayor Barrett; Fischer; Healy; Kearney; King; Vice Mayor McDonnell; Miller NOES: None ABSENT: None ABSTAIN: None ATTEST: Deputy City Clerk Mayor Resolution No. 2019-058 N.C.S. Page 4