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HomeMy WebLinkAboutResolution 2005-179 N.C.S. 10/17/2005 Resolution No. 2005-179 N.C.S. of the City of Petaluma, California ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE EL ROSE HEIGHTS REZONING AND SUBDIVISION TO BE LOCATED AT 3 EL ROSE DRIVE AND 2100 B STREET, APN 008-480-015 AND 008-480-040 WHEREAS, an Initial Study of potential environmental impacts was prepared and the results of the study indicated that the proposed El Rose subdivision and rezoning project, as mitigated, will not cause any significant adverse environmental impacts; and, WHEREAS, the Planning Commission of the City of Petaluma held. public hearings on May 24, August 23, and September 27, 2005, on the subject application, heard testimony and concluded that the findings and conditions as amended were adequate and recommended to the City Council approval of the proposed development; and, WHEREAS, the City Council considered the El Rose Heights Rezoning and Vesting Tentative Subdivision Map proposal on October 17, 2005, and considered all written and verbal communications concerning potential environmental impacts resulting from the project before rendering a decision. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts a Mitigated Negative Declaration subject to the following Findings and Mitigation Measures: Findings for Approval of a Mitigated Negative Declaration: 1. An Initial Study was prepared and demonstrated that there is no substantial evidence that supports a fair argument that the project, as conditioned, would have a significant effect on the environment. 2. The project does not have the potential to affect wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, and is exempt from Fish and Game filing fees because it is proposed on a small site surrounded by development with none of the resources as defined in the Code. 3. 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. 4. The Planning Commission reviewed the Initial Study and considered public comments before making a recommendation on the project. 5. A Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures. Resolution No. 2005-179 N.C.S. Page 1 6. The record of proceedings of the decision on the project is available for public review at the City of Petaluma Planning Division, City Hall, 11 English Street, Petaluma, California. MITIGATION MEASURES All Mitigation Measures adopted in conjunction with the El Rose Heights Subdivision and Rezoning Mitigated Negative Declaration which are identified in the Initial Study for the El Rose Heights Subdivision and Rezoning are herein incorporated. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 17`~ day of October, _ form• 2005, by the following vote: pity Attorney AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau ,O'Brien NOES: None ABSENT: Torliatt ABSTAIN: None r ATTEST: City Clerk Mayor - Resolution No. 2005-179 N.C.S. Page 2