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HomeMy WebLinkAboutPlanning Commission Resolution 2019-17 11/19/2019RESOLUTION 2019-17 CITY OF PETALUMA PLANNING MMII N RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION TO THE CITY COUNCIL FOR THE CORONA STATION RESIDENTIAL PROJECT LOCATED AT 890 NORTH MCDOWELL BOULEVARD APN: 137-061-019 FILE NO: PLMA-18-0006 WHEREAS, Todd Kurtin with Lomas Properties LLC submitted an application for the Corona Station Residential Project, including a Zoning Text Amendment, Development Agreement, Density Bonus and Development Concession/Incentive, Tentative Subdivision Map, Conditional Use Permit and Site Plan and Architectural Review for a 110 unit residential project within the MU 1 B zone with Flood Plain -Combining (FP -C) Overlay, located on a 6,5 -acre site at 890 North McDowell Boulevard (APN 137-061-019) (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 October 17, 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 October 18, 2019 and ending November 18, 2019, and a Notice of Public Hearing to be held on November 12, 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 November 12, 2019, 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, 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, at the November 12, 2019 meeting the Planning Commission continued the item to a date certain of November 19, 2019; and WHEREAS, in response to comments received at the November 12, 2019 Planning Commission meeting the applicant withdrew the request for a Zoning Text Amendment and revised the project Planning Commission Resolution No. 2019-17 Page 1 description to replace the 45 proposed single family detached units with approximately 51 attached units; and WHEREAS, this modification in the project does not significantly alter the project to require additional analysis or mitigation and therefore the environmental analysis as presented remains adequate to disclose all anticipated impacts as a result of the project; 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 cumulative impacts from air quality or greenhouse gas emissions identified as significant and unavoidable in the General Plan 2025 EIR, because the Project's emissions are below the 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. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION 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 Planning Commission makes the following findings: a. While not supportive of the overall project for the reasons expressed at the November 12, 2019 Planning Commission meeting and summarized in Resolution No. 2019-18, Resolution No. 2019-19, and Resolution No. 2019-20, the Planning Commission found the environmental analysis contained in the project specific Mitigated Negative Declaration to be adequate to disclose potential environmental impacts of the project. b. 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). Planning Commission Resolution No, 2019-17 Page 2 c, With regard to noise, the Project will result in a less that cumulatively considerable impact to noise 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, 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. 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 November 12, 2019 Planning Commission staff report, all supporting, referenced, and incorporated documents, and all comments received, the Planning Commission hereby recommends that the City Council adopts the Mitigated Negative Declaration (Exhibit 1) and associated Mitigation Monitoring and Reporting Plan (Exhibit 2) prepared for the Project with the recommended condition that the final MND includes a written summary of the proposed modification to the project as appropriate to document the revisions. 6, Significant changes to the project as analyzed in the Initial Study and MND may result in new significant impacts or necessitate additional mitigation not included in the analysis as reviewed by the Planning Commission. Planning Commission Resolution No. 2019-17 Page 3 ADOPTED this 19th day of November, 2019, by the following vote: Commission Member Aye No Absent Abstain Councilmember McDonnell X Chair Alonso X Vice Chair Bauer X Gomez X Marzo X Potter X Streeter X ---46z�r'/ � Scott Alonso, Chair ATTEST: APPROVED AS TO FORM: H other Hines, Commission Secretary 'sa Ten nenba Assistant City Attorney Planning Commission Resolution No. 2019-17 Page 4