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HomeMy WebLinkAboutResolution 2012-040 N.C.S. 04/02/2012 Resolution No. 2012-040 N.C.S. • of the City of Petaluma, California CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE DEER CREEK VILLAGE PROJECT, 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 the California Environmental Quality Act Guidelines, ("CEQA Guidelines") Section 15082,; and, WHEREAS, a Draft Environmental Impact Report ("Draft EIR") was prepared for the Project in accordance with the California Environmental Quality Act ("CEQA"), the CEQA Guidelines and the City of Petaluma Environmental Review Guidelines and circulated for public review between March 3, 2011 and April 18, 2011, after public notice inviting comments on the Draft EIR given in compliance with CEQA Guidelines Section 15087; and, WHEREAS, the Draft EIR relies on the EIR for the City of Petaluma General Plan 2025, certified by City Council Resolution 2008-058 N.C.S. on April 7, 2008, for information and analysis relating to certain cumulative impacts and incorporates said analysis and conclusions to the extent applicable, as identified in the Draft EIR; and, WHEREAS, the City has committed to implementing the mitigation measures contained in the Implementation Plan and Mitigation Monitoring Program adopted by the City as Exhibit B to Resolution 2008-084 N.C.S., Resolution of the City Council of the City of Petaluma Making Findings of Fact, Adopting a Statement of Overriding Considerations and Adopting an Implementation and Mitigation Monitoring Program in Support of the General Plan 2025, Pursuant to the California Environmental Quality Act; 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 hearing on March 22, 2011 to consider the Draft EIR; and, WHEREAS, the City Council held a public hearing on April 18, 2011 to consider the Draft EIR; and, WHEREAS, responses to written and oral comments received the Draft EIR 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 meeting on January 10, 2012, at which time it considered the Final EIR and accepted public testimony; and, Resolution No. 2012-040 N.C.S. Page I WHEREAS, the City Council held a noticed public meeting on February 27, 2012 and April 2, 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) 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 impacts at Corona and McDowell, Corona and Petaluma Boulevard North, McDowell and East Washington, McDowell and Rainier; e) increased traffic resulting in queuing impacts at McDowell and East Washington and f) continued LOS F operations on Highway 101 between Pepper Road and Old Redwood and East Washington and Lakeville; and, WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List compiled bythe State pursuant to Section 65962.5 of the California Government Code; and, WHEREAS, pursuant to CEQA Guidelines Section 15091(d), a Mitigation Monitoring and Reporting Program has been prepared and presented with the Final EIR to ensure that all mitigation measures relied on to reduce environmental impacts of the Project are fully implemented. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby certifies the Final Environmental Impact Report and finds as follows: 1. The Final Environmental Impact Report for the Project has been completed in compliance with CEQA, the CEQA Guidelines, and the City of Petaluma Environmental Review Guidelines. 2. The Final Environmental Impact Report was presented to the City Council which reviewed and considered it prior to making a decision on the Project. 3. The Final Environmental Impact Report reflects the City's independent judgment and analysis of the potential for environmental impacts of the Project. 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 rov/d as to Council of the City of Petaluma at a Regular meeting on the 2nd day of April, 2012, f rm: by the following vote: Cit,Attorney AYES: Albertson.Harris, Healy, Kearney NOES: Barrett.Mayor Glass,Vice Mayor Ren€e ABSENT: None ABSTAIN: None ATTEST: a_._A_t:`�:�1, _ tta Al jrifil 4 ,4, C putt'City C e �'� Resolution No. 2012-040 N.C.S. Page 2