HomeMy WebLinkAboutResolution 96-137 05/20/1996 Resolution No. ss-ts7 NC.S.
of the City of Petaluma, California
I
z
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a ADOPTING A MITIGATED NEGATIVE DECLARATION
5 PURSUANT TO THE
6 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR
7 THE ADOPTION OF THE
s RIVER ACCESS AND ENHANCEMENT PLAN
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t t WHEREAS, the City of Petaluma General Plan, as adopted in 1987 acid maintained
12 thereafrer, promoted an orderly system of growth and environmental protection within an
t3 Urban Limit Line; and
14
15 WHEREAS, the General Plan emphasizes the Petaluma River as a significant cultural,
16 economic, environmental, and historic resource to be planned and reclaimed; and
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t8 WHEREAS, among the General Plan's many river-related goals, objectives, policies, and
19 programs were directives to prepare a comprehensive plan for the Petaluma River; and
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21 WHEREAS, grant funding to prepare a comprehensive plan for the river was provided by
22 the State Coastal Conservancy; and
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2a WHEREAS, a citizens advisory committee was formed by the City Council to assist with
25 preparation of this plan; and
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27 WHEREAS; the citizens advisory committee aggressively solicited and considered public
28 input, especially that of the owners of riverfront property, Technical Advisory
29 Committee, consultants, and staff while preparing the Petaluma River Access and
30 Enhancement Plan; and
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32 WHEREAS, the Petaluma River Access and Enhancement Plan was prepared to clarify
33 and implement General Plan directives, not to,alter the Plan's basic tenets; and
Res. No...._.8.d.-.1..3.7...... N.cs. Page 1 of 5
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2 WHEREAS,. the committee carefully considered all the issues that comprise the plan, and
3 crafted the plan to maximize agreement among the committeemembers...
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5 WHEREAS, the Petaluma River Access and Enhancement Plan was prepared to clarify,
6 uphold, and implement directives of the existing City of Petaluma General Plan; and
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8 WHEREAS, the Petaluma River Access and Enhancement Plan does not create or
9 encourage increased urbanization beyond that envisioned by the adopted General Plan;
l0 and
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t2 WHEREAS, environmental protection and enhancement was a prime consideration of the
13 citizens advisory committee, consultants, and staff while creating the Petaluma River
14 Access and Enhancement Plan, so that many adverse impacts were avoided iu the original
i 5 proposal; and
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17 WHEREAS; the Petahmia River Access and Enhancement Plan was prepared to address
l8 specific Petaluma concerns and respond to specific site conditions; and
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20 WHEREAS, the plan recommends a certain amount of flexibility in its implementation to
2 i best meet directives yet respond to site specific conditions; and
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23 WHEREAS, many waterway habitats are regulated by state and federal agencies and are
2a out of City control; and
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26 WHEREAS, it is not the City's intent to supplant these agencies' authority regarding
27 wetland and riparian protections; and
28
peso. 96-137 NCS Page 2 of 5
1 WI-IEREAS, adoption of the Petaluma River Access and Enhancement Plan does not
2 preclude necessary environmental review of individual development applications, when
3 impacts can be best identified and quantified; and
a
5 WHEREAS, the natural environment will be better protected and enhanced if the
6 Petaluma River Access and Enhancement Plan is adopted and implemented;
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8 WHEREAS, the Expanded Initial Study for the Petaluma River Access and Enhancement
9 Plan was prepared in September, .1995 in conjunction with and in .response to the
i o preparation of the Dratt River Access and Enhancement Plan; and
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12 WHEREAS, the Expanded Initial Study was prepared in conformance with the
13 requirements of the California Environmental Quality Act (CEQA), its Guidelines and
14 the Environmental Guidelines of the City of Petaluma as a master environmental review
15 document, which identified several areas in which policies could be clarified to reduce
16 potential adverse environmental impacts to a level of insignificance; and
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IS WHEREAS, the Planning Commission at public hearings on October 10, November 14,
I9 November 21, 1995, January 18, February 13, 1996, considered and recommended
20 adoption of a Mitigated Negative Declaration pursuant to the California Environmental
2I Quality Act (CEQA) in conjunction with Che adoption of the Petaluma River Access and
22 Enhancement Plan and associated Genera] Plan amendments.
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z4 NOW, THEREFORE, BE IT RESOLVED that a Mitigated Negative Declaration, is
25 hereby adopted, and the mitigation measures set forth therein adopted as conditions of
26 this approval, based on the following findings:
27
28 1. An expanded Initial Study has been prepared and proper notice provided in
29 accordance with the California. Environmental Quality Act (CEQA) and local
30 guidelines.
Reso. 96-137 NCS Page 3 of 5
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2 2. Based upon the Initial Study and comments received, potential impacts could be
3 avoided or reduced to a level of insignificance by mitigation measures attached as
4 conditions of approval. The expanded Initial Study contains conditions for
5 approval of a Negative Declaration, pages VI-l through VI-6, which are
6 referenced and incorporated herein. There is no substantial evidence that the
7 project, as conditioned, would have a significant effect on the environment.
8
9 3. The Petaluma River Access and Enhancement Plan does not create or encourage
]o increased urbanization beyond that envisioned by the adopted General Plan.
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12 4. Adoption of the Petaluma River Access and Enhancement Plan does not preclude
I3 necessary environmental review of individual development applications, when
14 impacts can be best identified and quantified.
IS
16 5. The natural environment will be better protected and enhanced if the Petaluma
17 River Access and Enhancement Plan is adopted and implemented;
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19 6. The adoption of the River Plan does not have potential to affect wildlife resources
20 as defined in the Fish and Game code, either individually or cumulatively.
21
22 7. The properties addressed within the River Plan are not sites listed on any
23 Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of
2a the Government Code.
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26 8. The Planning Commission reviewed the Initial Study/Negative Declaration and
27 considered public comments before making a reconnnendation on the adoption of
28 the River Plan.
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Reso. 96-137 NCS Page 4 of 5
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7 9. The record of proceedings of the development and public review on the River
2 Plan is available for public review at the City of Petaluma, Planning Department,
3 City Hall, 11 English Street, Petaluma, California.
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Under the power and authority rnnterred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Reaolulioa was introduced and adopted by the Approved as to
Council of the City of Petaluma eta (Regular) (l~d$OtitttiS@jx~dUII) meeting form
on the ........211.x17......... day of .........._-.h7s~Y......._ 19_96.., by the
following vote:
ty Attorney
AYES: Maguire, Hamilton, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ABSENT: None ~ / ~ `
ATTEST : ...................4-c.~-..~!4..:~!......................... .~:....L~ .
ity Clerk Mayor
a~~aF,>as._..__.oo Painme 5 of 5
CA {0~h5 - Res. Na ....._~~..6-1. ~3..!...... N.C.S. b