HomeMy WebLinkAboutResolution 2012-041 N.C.S. 04/02/2012 Resolution No. 2012-041 N.C.S.
of the City of Petaluma, California
MAKING FINDINGS OF FACT
AND ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
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. 2012-041 N.C.S. Page 1
WHEREAS, the City Council held a noticed public meetings 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) NOx 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.
WHEREAS, Public Resources Code Section 21081(b) requires that the City Council find
that specific economic, legal, social, technological or other considerations outweigh any
significant environmental effects of the Project which cannot be fully mitigated; and
WHEREAS, a Statement of Overriding Considerations consisting of the City's findings
and determination regarding the Project's significant and unavoidable effects is contained in
Exhibit C, which is incorporated herein by reference; and
WHEREAS, pursuant to CEQA, a Mitigation Monitoring and Reporting Program has
been prepared, as set forth in Exhibit D, which is incorporated herein by reference, to ensure that
all mitigation measures relied on in the findings are fully implemented; and
WHEREAS, some mitigation measures identified in Exhibit A may require action by, or
cooperation from, other agencies. Similarly, mitigation measuresrequiring the applicant to
contribute toward improvements planned by other agencies will require the relevant agencies to
receive the funds and spend them appropriately.
NOW THEREFORE, BE IT RESOLVED:
1. The above Recitals are true and correct and adopted as findings of the City Council.
2. As required by CEQA and based on substantial evidence in the record, the City
Council adopts the findings regarding significant effects of the project and mitigation
contained in the attached Exhibit A, which is incorporated herein by reference.
3. As required by CEQA and based on substantial evidence in the record, the City
Council adopts the findings regarding alternatives to the Project contained in the
attached Exhibit B, which is incorporated herein by reference.
4. As required by CEQA and based on substantial evidence in the record, the City
Council adopts the Statement of Overriding Considerations regarding significant and
unavoidable effects of the Project contained in the attached Exhibit C, which is
incorporated herein by reference.
5. The City Council hereby approves and adopts the Mitigation Monitoring and
Reporting Program set forth in the attached Exhibit D, which is incorporated herein
by reference, to ensure that all mitigation measures relied on in the findings are fully
Resolution No. 2012-041 N.C.S. Page 2
implemented. Compliance with the MMRP shall be a condition of any Project
approval.
6. The City Council hereby finds that for each identified mitigation measure that
requires the cooperation or action of another agency, adoption and implementation of
each such mitigation measure is within the responsibility and jurisdiction of the
public agency identified, and the measures can and should be adopted and/or
implemented by said agency.
7. The custodian of the documents and other materials which constitute the record of
proceedings for the Project is the City of Petaluma, Planning Division, Petaluma City
Hall, 11 English Street, Petaluma, CA 94952.
8. This resolution shall take effect immediately upon its adoption and the City Clerk is
directed to file a Notice of Determination pursuant to CEQA.
Under the power and authority conferred upon this Council by the Charter of said City. ///1
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted.by the App ove as to
Council of the City of Petaluma at a Regular meeting on the 2nd day of April,2012, (fa
by the following vote:
Cit Attorney
AYES: Albertson, Harris, Healy. Kearney
NOES: Barrett,Mayor Glass,Vice Mayor Renee
ABSENT: None
ABSTAIN: None 11 �
al ATTEST: � I A'A I Taro I.1� /i
Deputy City ;Ill..— - Nut y
ayor
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