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HomeMy WebLinkAboutResolution 2009-093 N.C.S. 06/15/2009Resolution No. 2009-093 N.C.S. of the City of Petaluma, California ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE 2009-2014 HOUSING ELEMENT UPDATE TO THE CITY OF PETALUMA GENERAL PLAN 2025 WHEREAS, State law requires California cities to prepare and adopt a general plan to guide future development of the city, including a Housing Element as one of the mandatory elements in a city's general plan; and, WHEREAS, State law requires that cities comprehensively update their Housing Elements at least once every five years to ensure their plans can accommodate future demand for housing; and, WHEREAS, on May 19, 2008, the City Council approved Resolution No. 2008-085 N.C.S., adopting its General Plan 2025, which contained the City's then-existing housing element; and, WHEREAS, the City of Petaluma ("City") last updated its Housing Element in 2002; and, WHEREAS, the proposed 2009-2014 Housing Element Update ("Housing Element") identifies and analyzes existing and projected housing needs and states goals, policies, quantified objectives and special programs for the preservation, improvement and development of housing in the City from 2009 through 2014; and, WHEREAS, prior to adoption of the General Plan 2025, City adopted Resolution No. 2008-058 N.C.S., certifying the Final Environmental Impact Report for General Plan 2025 ("Final EIR") in compliance with to the California Environmental Quality Act ("CEQA"); and, WHEREAS, prior to adoption of the General Plan 2025, the City Council made further findings relating to the analysis and mitigation of environmental impacts in support of the adoption of General Plan 2025 in Resolution No. 2008-084 N.C.S., including that future projects consistent with General Plan 2025 were expected to rely on the Final EIR and the findings in Resolution No. 2008-085 N.C.S. to satisfy certain CEQA requirements for evaluation of environmental effects of future projects; and, WHEREAS, because the Final EIR analyzed and identified five areas in which cumulative impacts from General Plan buildout through the year 2025 would remain significant and unavoidable, a statement of overriding considerations was adopted by the City Council for General Plan 2025 as part of Resolution No. 2008-084 N.C.S.; and, WHEREAS, the Housing Element does not modify density, change land uses or provide for future development other than as contemplated in General Plan 2025 and as evaluated in the General Plan 2025 Final EIR; and, Resolution No. 2009-093 N.C.S. Page 1 WHEREAS, no specific development projects are approved by the Housing Element, which is a general policy document; and, WHEREAS, there are no new or increased impacts from Housing Element policies and programs other than those evaluated in the Final EIR, and the Final EIR adequately addresses the environmental effects of the Housing Element for the purposes of the California Environmental Quality Act ("CEQA") such that further analysis of the effects in later environmental documents would be duplicative (see CEQA §21093(a)); and, WHEREAS, the City nevertheless prepared an Initial Study pursuant to CEQA, Title 14 California Code of Regulations, §§15000 et seq. ("CEQA Guidelines") and the City of Petaluma Environmental Review Guidelines, to further assess the relationship of potential environmental effects of the Housing Element to the General Plan 2025 and its Final EIR; and, WHEREAS, the analysis contained in the Initial Study resulted in a determination that there is no substantial evidence that the Housing Element will have a significant effect on the environment and a Negative Declaration was therefore appropriate; and, WHEREAS, the Negative Declaration, including the supporting Initial Study, was made available to the public, posted and published in accordance with CEQA on March 26, 2009, providing opportunity for public review and comment; and, WHEREAS, on April 14, 2009, the Planning Commission held a properly noticed public hearing, and after receiving all public comments on the Housing Element and proposed Negative Declaration, continued the public hearing to Apri128, 2009; and, WHEREAS, on April 28, 2009, the Planning Commission provided an additional opportunity for public comment, and after full consideration of the proposed Negative Declaration, including the supporting Initial Study, made a unanimous recommendation that the City Council approve the Negative Declaration; and, WHEREAS, on June 15, 2009, the City Council held a properly noticed hearing, accepted comments from all interested parties on the proposed Negative Declaration and the Housing Element, considered the draft Housing Element, the Negative Declaration, including the supporting Initial Study, and minor revisions requested in the draft .Housing Element requested by HCD as the result of HCD's initial review of the draft Housing Element; and, WHEREAS, the changes made to the draft Housing Element in response to HCD comments did not create new significant effects not previously evaluated in the General Plan 2025 Final EIR and/or the Initial Study which would require additional mitigation or otherwise require recirculation of the Negative Declaration pursuant to CEQA Guidelines § 150.73.5. NOW THEREFORE, BE IT RESOLVED that: Adoption of Negative Declaration. After independent review and consideration of the information in the environmental documentation, including but not limited to the Negative Declaration, its supporting Initial Study and all documents and studies referred to or incorporated in the Initial Study and/or the record of these proceedings, the City Council finds that the City of Petaluma 2009-2014 Housing Resolution No. 2009-093 N.C.S. Page 2 Element Update ("Housing Element") will not result in any significant. or potentially significant environmental effects not previously evaluated in the Final Environmental Impact Report. for General Plan 2025 ("Final EIR"), finds that further analysis of the effects in additional environmental documents would be merely duplicative (see Public Resources Code §21093) and adopts the Negative Declaration/Initial Study of Environmental Significance for the Petaluma 2009 Housing Element Update posted on March 26, 2009, which is incorporated herein by reference. 2. Adoption of Statement of Overriding Considerations. The City's Housing Element is an integral part of General Plan 2025 for which the Final EIR was certified in April, 2008. As updated, the Housing Element does not change or modify the extent or nature of the incremental contribution of Housing Element programs and policies to cumulative impacts which were found to remain significant and unavoidable in the General Plan 2025 Final EIR. Those impacts are (i) Transportation Impact 3.2, deteriorated levels of service at 6 City intersections; (ii) Transportation Impact 3.9-1, increased noise from traffic along certain roadways; (iii) cumulative potential noise impact of possible future rail and trolley service combined with increased noise from traffic; (iv) Air Quality Impact 3.10-1, from buildout population numbers that conflict with the Bay Area 2005 ozone Strategy; and (v) possible cumulative air quality impact resulting from the City's inability to determine whether or not implementation of the General Plan will make a cumulatively considerable incremental contribution to global climate change. In May, 2008, in Resolution No. 2008-084 N.C.S., the City Council balanced those unavoidable impacts against the General Plan's benefits, and determined that the unavoidable impacts were outweighed by the benefits of the General Plan 2025. Pursuant to a 2002 court decision, the City Council must adopt new overriding considerations for the previously identified unavoidable impacts that apply to the Housing Element. ("... [P]ublic officials must still go on record and explain specifically why they are approving the later project despite its significant unavoidable impacts." (Emphasis in original Communities for a Better Environment v. California Resources Agency (2002) 103 Cal. App.4th 98.) The City Council specifically finds that to the extent. that the adverse or potentially adverse impacts identified in the General Plan Final EIR are related to policies and programs in the Housing Element and have not been mitigated to acceptable levels, there are specific economic, legal, social, technological, environmental, land use, or other benefits and considerations, as set forth below, that outweigh the significant unavoidable impacts on the environment and support adoption of the Housing Element. These overriding considerations include but are not limited to bringing the Housing Element into legal conformance with applicable law and regulations; allowing the City to meet its share of regional housing needs; increasing the City's housing supply in a sustainable and strategic manner; promoting infill development and socioeconomic diversity; and providing for a diverse mix of housing types, tenure and affordability. The Council further finds that the identified significant and unavoidable impacts are acceptable in light of the Housing Element's multiple benefits, any one of which is sufficient to constitute grounds for this statement of overriding considerations. Resolution No. 2009-093 N.C.S. Page 3 3. Notice of Determination. City staff is directed to file a Notice of Determination of said action following adoption of the Housing Element and in accordance with the California Environmental Quality Act ("CEQA"). 4. Record. The location and custodian of the documents and/or other material which constitute the record of proceedings upon which the decision is based is the City of Petaluma, 11 English Street, Petaluma, CA 94952, attention: City Clerk. Effective Date. This resolution shall take immediate effect. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A prove as to Council of the City of Petaluma at a Regular meeting on the 15`h day of June, 2009, ~ for by the following vote: d AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ' ~- ATTEST: ~ \..iV City Clerk City Resolution No. 2009-093 N:C.S. Page 4