HomeMy WebLinkAboutPlanning Commission Resolution 2020-06 07/14/20201 1 1
ADOPTING A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE RIVERBEND PROJECT
LOCATED AT 529 MADISON STREET
APN: 007-041-006
FILE NO. PLMA-19-0003
WHEREAS, Steven J. Lafranchi of Steven J, Lafranchi Associates submitted an application for the
Riverbend Project, including a Zoning Map Amendment, Zoning Text Amendment, Vesting Tentative
Subdivision Map, and Site Plan and Architectural Review for a 30- unit residential project within the
Residential 3 (R3) and Floodway zones, located on a 3.36 -acre site at 529 Madison Street (APN 007-041-
006) (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 the project on 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; 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 May 21, 2020, 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
May 21, 2020 and ending June 21, 2020, and a Notice of Public Hearing to be held on June 23, 2020,
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 duly noticed Planning Commission public hearing was continued to a date -
certain agenda of July 14, 2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 14, 2020, 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
Planning Commission Resolution No. 2020-06 Page 1
WHEREAS, the Initial Study applies the BAAQMD's California Environmental Quality
Act'- Air Quality Guidelines including the BAAQMD thresholds of significance, and 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, and 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 and the City of Petaluma website and 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 potentially significant impacts are mitigated to a less than significant level and therefore the
Project as mitigated would not result in any significant impacts to the environment; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 14, 2020, 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,
Response to Comments, 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;
NOW THEREFORE, BE IT RESOLVED BY THE PETALUMA PLANNING COMMISSION AS FOLLOWS:
1 . The foregoing recitals are true and correct and incorporated herein by reference as findings of the
Planning Commission.
2. Based on its review of the entire record herein, the Planning Commission makes the following
additional findings:
a. The Project is consistent with the General Plan 2025 Diverse Low Density Residential land use
designation in that the residential project provides a dwelling unit density between 6.1 and 12.0
units per net acre.
b. The Project is, for the reasons discussed in the June 23, 2020 Planning Commission staff report and
staff memo dated July 14, 2020, consistent with the General Plan, and more specifically, with the
following General Plan goals and policies: 1-P-2 (Efficient Land Use), Goal 1-G-5 (Development
Adjacent to the Rive), Policy 1-P-43 (River Design Focus), Policy 1-P-44 (Petaluma River Access),
Goal 2-G-6 (Payran-McKinley Subarea Goals), Policy 2-P-33 (Petaluma River Access), 2-P-34 (River
Design Focus), Policy 2-P-37 (Petaluma River Enhancement), Policy 4-P-2 (Wildlife Conservation),
Policy 4-P-6 (Air Quality Improvement) Policy 4 -P -6.A (Tree Removal and Planting) Policy 4-P-7
Planning Commission Resolution No, 2020-06 Page 2
(Motor Vehicle Pollution Reduction), Policy 4 -P -7.A (Automobile Transportation Alternatives) Policy
4-P-17 (Buffer Zones) Policy 5-P-15 (Bikeway System Implementation), 5-P-20 (Bikeway Connection),
Policy 5-P-22 (Pedestrian Connectivity), Policy 5 -P -22.A (Pedestrian Experience), Policy 5-P-22.13
(Street Crossings), Policy 5-P-23 (Pedestrian Site Access), Policy 5-P-26 (Creek and River Trail
Connections), Policy 5-P-30 (Trail Connections), Policy 5-P-31 (Bicycling and Walking Desirability),
Policy 5-P-31.13 (Install Drinking Fountains), Policy 5 -P -31.D (Public Benches), Policy 5-9-31.E (Path
Lighting), Policy 6-P-1 (Parkland Development), Policy 6 -P -1.F (Trail Widths), Policy 6 -P -2.A
(Petaluma River Access), Policy 6-P-20 (Tree Removal/Replacement), Policy 10-P-3 (Noise
Mitigation), Policy 10-P-3.13 (Noise Sensitive Uses) and Housing Element Policy 1.1 (Encourage
Residential Development), Policy 1.2 (Optimize Development Potential), Policy 2.2 (Flexibility),
Policy 4.2 (Affordable Housing Production), and Program 4.3 (Onsite Inclusionary).
c. As outlined in the Planning Commission Staff Report dated June 23, 2020, and the staff memo
dated July 14, 2020, the proposed zoning regulations of the Riverbend Planned Unit District can
be supported. The Project is consistent with all other zoning and development provisions of the
Implementing Zoning Ordinance not contained in the Riverbend Planned Unit District document.
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 or noise impacts
identified in the General Plan 2025 EIR.
e. With regard to traffic, although the Project would contribute vehicle trips to an intersection
identified in the General Plan EIR as operating at an unacceptable LOS at build -out, the
affected intersection has already been determined to acceptably operate at an LOS E or LOS F
due to overriding considerations and conflicts with other General Plan policies.
f. With regard to noise, the Project will result in a less than 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.
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 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 and on
the City's website. 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.
5. Based on its review of the entire record herein, including the June 23, 2020 Planning Commission staff
report, the July 14, 2020 Planning Commission staff memo, all supporting, referenced, and
incorporated documents, and all comments received, the Planning Commission hereby adopts the
Mitigated Negative Declaration (Exhibit 1) and associated Mitigation Monitoring and Reporting Plan
(Exhibit 2) prepared for the Project
Planning Commission Resolution No. 2020-06 Page 3
ADOPTED this 14th day of July, 2020, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Counclimember McDonnell
x
Chair Alonso
x
Vice Chair Bauer
x
Hooper
x
Marzo
x
Potter
x
Streeter
x
ATTEST:
Scott Alonso, Chair
APPROVED AS TO FORM:
Eric Danly, City Attorney
Planning Commission Resolution No. 2020-06 Page 4