HomeMy WebLinkAboutPlanning Commission Resolution 2021-10 03/23/2021 DocuSign Envelope ID:92051F02-AC64-4050-9ED8-976AE3061368
RESOLUTION 2021 -10
CITY OF PETALUMA PLANNING COMMISSION
ADOPTING A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE RIVERVIEW APARTMENTS PROJECT
LOCATED AT 2592 CASA GRANDE ROAD
APN: 005-060-041, -042, and -067
FILE NO. PLSR-18-0006
WHEREAS, Matt Taylor of Farrell-Faber on behalf of the property owner Baywood LLC submitted
an application for Site Plan and Architectural Review for the Riverview Apartments Project, a 264- unit
multifamily residential project within the Residential 5 (R5) and Flood Plain-Combining (FP-C) zoning
districts, located on a 14.4-acre site at 2592 Casa Grande Road (APN 005-006-041, -042, and -67) (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 Environmental Impact Report (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 on May 19, 2008, the City also adopted a Statement of
Overriding Considerations for significant impacts that could not be avoided; and
WHEREAS, the project site is identified in the 2015-2023 Housing Element as a housing opportunity
site (No. 13) capable of providing up to 250 housing units and identifies potential environmental
constraints as the flood plain and potential toxics; and
WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA
Guidelines Sections 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, the Initial Study was prepared in full compliance with the California Environmental
Quality Act (CEQA) for the proposed project and determined that the project could result in potentially
significant impacts related to Aesthetics, Air Quality, Biological Resources, Cultural Resources,
Geology/Soils, Hazards, Hydrology, Noise, and Tribal Cultural Resources; However, the MND found that
project impacts would be mitigated to a less-than-significant level through implementation of mitigation
measures, compliance with existing Municipal Code requirements, and other City standards; and
WHEREAS, on February 18, 2021, 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
February 18, 2021, and ending March 19, 2021, and a Notice of Public Hearing to be held on March 23,
2021 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
Planning Commission Resolution No.2021-10 Page 1
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WHEREAS, the Initial Study applies the Bay Area Air Quality Management District's (BAAQMD)
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, 1 1 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 March 23, 2021, 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 hearing; and
WHEREAS, the Planning Commission directs staff to file a Notice of Determination with the
Sonoma County Clerk's Office within 5 days of project approval.
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 High Density Residential land use designation
in that the residential project provides a dwelling unit density of 18.71 unit per acre, which is
between 18.1 and 30.0 units per net acre.
b. The Project is, for the reasons discussed in the March 23, 2021 Planning Commission staff report,
consistent with the General Plan with recommended project revisions, and more specifically, with
the following General Plan goals and policies: 1-P-1 (Range of Densities within UGB), 1-P-2 (Efficient
Land Use), Policy 2-P-1 (Allows for Land Use Map Densities), 2-P-26 (High-Density Residential near
Schollenberger Park), Policy 4-P-2 (Wildlife Conservation), Policy 4-P-6.A (Tree Removal and
Planning Commission Resolution No.2021-10 Page 2
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Planting), Policy 5-P-1 (Interconnected System), Policy 5-P-15 (Bikeway System Implementation), 5-
P-20 (Bikeway Connection), Policy 5-P-22 (Pedestrian Connectivity), Policy 5-P-25 (Multi-Use Trail
Network), Policy 5-P-30 (Trail Connections), Policy 5-P-31 (Bicycling and Walking Desirability), and
Housing Element Policy 1.1 (Encourage Residential Development), Policy 1.2 (Optimize
Development Potential), Policy 4.2 (Affordable Housing Production),and Program 6.6 (Rental Units
for Larger Families).
c. The Project is consistent with all zoning and development provisions of the Implementing Zoning
Ordinance.
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 level of service (LOS) at
build-out, the affected intersection has already been determined to operate at an LOS E or LOS
F due to overriding considerations and conflicts with other General Plan policies. Furthermore,
LOS is no longer used to determine environmental impacts, rather the City relies upon a vehicle
miles traveled (VMT) metric.
f. The proposed project is located within traffic analysis zone (TAZ) 306, which has a baseline VMT
per capita of 14.31 miles. The project-specific VMT per capita is estimated to be 13.57, which is
below the 14.13 threshold, and therefore has a less than significant impact to due VMT.
g. With regard to noise, the Project will result in a less than cumulatively considerable impact to
noise because other than residential HVAC equipment, which is projected to emit sound levels
up to 42 dBA and well below the City's established Noise Ordinance limit of 60 dBA, 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, 1 1 English St. Petaluma, CA 94952.
5. Based on its review of the entire record herein, including the March 23, 2021 Planning Commission
staff report, 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.2021-10 Page 3
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ADOPTED this 23rd day of March 2021, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember Fischer X
Chair Bauer X
Vice Chair Alonso X
Hooper X
Marzo X
Potter X
Rider X
CDocuSigned by: 1
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ATTEST: APPROVED AS TO FORM:
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Planning Commission Resolution No.2021-10 Page 4