HomeMy WebLinkAboutPlanning Commission Resolution 2012-01 01/10/2012 RESOLUTION NO. 2012-01
CITY OF PETALUMA PLANNING COMMISSION
FINDING THAT'THE ENVIRONMENTAL IMPACT REPORT FOR
THE DEER CREEK VILLAGE PROJECT IS INADEQUATE PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Notice of Preparation of the Draft Environmental Impact Report for the
Deer Creek Village project ("the Project") was mailed to all responsible and affected agencies
on March 5, 2010, pursuant to Public Resources Code Section 21080.4 and California
Environmental Quality Act ("CEQA") Guidelines Section 15082; and,
WHEREAS, a Draft Environmental Impact Report ("Draft EIR") was prepared for the Plan in
accordance with Public Resources Code Section 21000 et seq. and CEQA Guidelines Section
15000 et seq., and circulated for public review between March 3, 2011 and April 18, 2011, with a
notice inviting comments on the Draft EIR given in compliance with CEQA Guidelines Section
15085; and,
WHEREAS, the City distributed copies of the Draft EIR in conformance with CEQA to the
public agencies which have jurisdiction by law with respect to the project and to other
interested persons and agencies and sought the comments of such persons and agencies; and,
WHEREAS, the Planning Commission held a public meeting and hearings on March 22,
2011 to consider the Draft FIR; and,
WHEREAS, the City Council held a public meeting and hearing on April 18, 2011 to
consider the Draft EIR; and,
WHEREAS, written and oral comments to the Draft EIR have been received and responses
to those comments have been prepared in the form of a Final Environmental Impact Report for
the Project ("Final EIR"); and,
WHEREAS, the Planning Commission held a noticed public meetings on January 10, 2012,
at which time it considered the Final EIR and accepted public testimony; and,
WHEREAS, certain Project impacts will remain significant and unavoidable, even after the
application of all feasible Project mitigation measures to lessen those impacts, including: a) the
proposed project's contribution to the cumulative city-wide traffic noise impacts; b) NO,
emissions during grading; c) Greenhouse gas emissions consistent with the level of emissions
found acceptable by the City at the time of adoption of the General Plan; d) increased traffic
resulting in intersection LOS and queuing impacts at Corona and McDowell, Corona and
Petaluma Boulevard North, McDowell and East Washington, McDowell and Rainier; and e)
continued LOS F operations on Highway 101 between Pepper Road and Old Redwood and East
Washington and Lakeville.
WHEREAS, the Project does not have the potential to have a significant adverse impact
on wildlife resources as defined in the State Fish and Game Code, either individually or
cumulatively, though it is not exempt from Fish and Game filing fees; and,
Planning Commission Resolution No.2012-01 Page 1
WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List
compiled by the State pursuant to Section 65962.5 of the California Government Code; and
WHEREAS, because of the remaining significant and unavoidable impacts of the Project,
The City Council will determine pursuant to Public Resources Code Section 21081 (b) whether the
benefits of the Project as proposed make acceptable the remaining significant impacts in the
form of a Statement of Overriding Considerations, prior to any approval of the Project; and
NOW THEREFORE, BE IT RESOLVED that the Planning Commission finds that the
Environmental Impact Report for Deer Creek Village is inadequate based on the following:
1. Failure to reconsider for CEQA purposes whether the Rainier Interchange is a
reasonably foreseeable future improvement; and,
2. Failure to study traffic impacts in the cumulative scenario with Rainier Crosstown
Connector/Undercrossing only and no Rainier Interchange.
ADOPTED this 10th day of January, 2012, by the following vote:
JCommittee°Member Ave-__ "`No °, Absent.- . Abstain„
Abercrombie X
2nd Vice Chair Elias X
Herries X
Chair Johansen X
Kearny X
Vice Chair Pierre X
Wolpert X
r �
Jennifer-Piie r e, ce Ch
ATTEST: APPROVED AS TO FORM:
ay't . /Geoff Bradley, Commissio ecretary Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No.2012-01 Page 2