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HomeMy WebLinkAboutStaff Report Item 5.A 9/9/2013 - Attachment 10 Part 1 ATTACHMENT 10 . CITY OF PETALIJMA. STAFF REPORT Community Development.Department,Planning Division,11 English Street,Petaluma,CA 94952 (707) 778-4301 Fax(707) 778-4498 E-mail:petalumap lanning@cLpetaluma.ca.us DATE: July 9, 2013 AGENDA ITEM NO. 6 TO: Planning Commission FROM: Alicia Giudice, Senior Planner REVIEWED BY: Heather Hines, Planning Manager SUBJECT: Lynch Creek Plaza(Walgreens) Initial Study/Mitigated Negative Declaration, General Plan Amendment, Rezone, and Site Plan and Architectural Review Lynch Creek Way and North McDowell Boulevard, (APN 007-380-007) RECOMMENDATION Staff recommends that the Planning Commission provide initial feedback on the Site Plan and Architectural Review of the Lynch Creek Plaza project and adopt the following resolutions: • Resolution recommending to the City Council approval of the Initial Study/Mitigated Negative Declaration for Lynch Creek Plaza; • Resolution recommending to the City Council approval of a General Plan Amendment to • change the land use designation of the project site from Business Park to Mixed Use; • Resolution recommending to the City Council approval of a map amendment to the Implementing Zoning Ordinance rezoning the project site from BP (Business Park) to MU1B (Mixed Use Commercial); and Project: Lynch Creek Plaza Comer of Lynch Creek Way and N. McDowell Boulevard APN: 007-380-007 Project File No: 12-GPA-0236 Project Planner: Alicia Giudice, Senior Planner. Project Applicant: Jim Stephens Browman Development Lynch Creek Plaza'12-GPA-0236 Page 1. \ 0-I Property Owner: Petaluma Hospital District Nearest Cross Streets: Lynch Creek and N. McDowell Boulevard Property Size: 2:15 acres (approx.) Site Characteristics: The project site is a level 2.15 acre site located on the northwest corner of Lynch Creek Way and N. McDowell Boulevard. The site is surrounded by medical offices to the south, business offices to the east and Petaluma Valley Hospital to the north and the future Deer Creek Village project (currently vacant) to the west Existing Use: The project site is a vacant parcel Proposed Use: Retail/Commercial Current Zoning: BP (Business Park) Proposed Zoning: MU1B (Mixed Use) General Plan Land Use: Business Park Proposed GP Land Use: Mixed Use Subsequent Actions after Planning Commission Review: • City Council consideration/action on the Initial Study/Draft Mitigated Negative Declaration. • City Council consideration/action on the General Plan Amendment • City Council consideration/action on the Implementing Zoning,Ordinance Amendment • Planning Commission consideration/action on Site,Plamand Architectural Review PROJECT;DESCRIPTION ,. BACKGROUND This project was first heard by the City of Petaluma Planning:Commission on May 28, 2013. At that meeting the Planning Cot-mission expressed concerns about,the,proposed General Plan Amendment to change the land use designation,on the 2.15 acre property from Business.Park to Mixed Use to facilitate development of the site with with a 14,500 square foot retail pharmacy (Walgreens) and.a 7,500 square foot multi-tenant building. The Planning Commission requested additional information related to prior discussions surrounding the.Business'Park land use designation as it!relatesto the availability ofexisting office space and future office development. The following information is provided in response to the Planning Commission comments. How does the project impact future office development? When the Economic Development Strategy Report was prepared in 2010, vacancy rates for office uses were estimated to be near 40 percent. However, vacancy rates have been recorded at or above 25 percent.since 2006. Appendix A of the report(page 52) recognizes the difficulty in absorbing the vacancy with office uses alone. The Report discusses the possibility and high likelihood that the City will need to "modify" zoning to accommodate other uses. It also recognizes the unlikelihood that Lynch Creek Plaza 12-GPAs0236 Page 2 to-2 mixed use projects will be able;to accommodate office components without further impacting existing office space. In 2013, office space vacancies had decreased to approximately 25 percent. While this reflects a reduction in vacancy rates, it is"still considered high. According to}.Ingrid Alverde, the City's Economic Development Manager, a healthy vacancy rate ranges between 5-10 percent. As such the vacancy rate of 25 percent reported for office space is still considered high. By comparison, the retail vacancy rate was at around 11.4 percent in 2009 and is currentlyat around 5.9 percent. As part of the,Economic Development Strategy,the City identified a number of target industries that would serve to "diversify the local economy and create economic'stalility"within the city. One of those industries identified include:the health and wellness industry and businesses that provide services to those that industry. Although?a proposal for a Walgreens does not directly fit into the health and wellness category, it does provide opportunities for the owner of the property,Petaluma Healthcare District,to generate revenue for its district and continue operatingwithin the City. The Mixed Use designation and zoning that the applicant has requested would provide a wider range of allowable uses for the project site. The proposed 7,500 square foot multi-tenant building would still provide opportunities for other uses including office uses, should that;use be a viable option in the market. Relevant General Plan Policies During the General Plan update key issues that emerged included'the need.to improve the City's economic health. The discussions included the need to provide new retail opportunities. The General Plan established goals,policies and programs that would serve to guide future development. In doing this, the City used a set of guiding principles created during general plan workshops. The primary guiding principles related to.this project.include: Guiding Principle #8. Foster and promote economic diversity and opportunities in the City Guiding Principle#9. Expand retail opportunities to meet resident's needs and promote the City's fiscal health, while ensuring that new development is in keeping with Petaluma's character. Related policies that address these principles and are also relevant to the project include: 9-P-1 Retain and attract basic economic activities that bring dollars into the local economy by exporting products and services. The General Plan amendment would allow development of the project site with a Walgreens pharmacy near existing residential and medical office. This use would provide opportunities for those visiting the medical offices and/or Hospital from surrounding cities to get pharmaceuticals in Petaluma. Lynch Creek Plaza•12-GPA-0236 Page 3 1, 0 -3 9-P-13 Expand and diversify Petalurna's retail base The General Plan amendment would allow retail development of the project site and would add a pharmacy near existing residential'and medical office. The project would allow a broad range of commercial and office use,providing flexibility to respond to changing economic trends. 9-P-14 Plan and locate retail uses,appropriately for their types and sites available The site is located at a prominent corner, adjacent to medical offices and across the street from the Petaluma Valley Hospital. The site has access to public streets and would be served by existing public utilities. The proposed amendment would allow development of this site as a pharmacy which is appropriate for the site given the surrounding uses. Additionally, the multi-tenant building could be used for office and/or retail uses. The site is located along the McDowell Boulevard corridor and is located within the North McDowell Boulevard Subarea. This area is identified as containing approximately 77 acres of vacant underutilized land that provides opportunities for expansion of a mix of uses, including commercial office, and light industrial. The proposed Mixed Use designation and zoning would continue to allow expansion of both commercial and office uses as allowed for in-the MU1B zoning district and would provide flexibility for a greater range of uses given the high office vacancy rates in Petaluma. Additionally, the proposed Mixed Use designation would continue the tnix of uses that exist along the McDowell Boulevard corridor, including,single family and multi-family residential, medical offices, the hospital, the community center, light industrial, and retail, office,fitness, commercial, and home improvement as found in the recently approved Deer Creek`Village,project. While the Mixed Use designation encourages vertical mixed use whenever possible,the proposed amendment and proposed project is continuing the pattern of horizontal mixed use in the larger area and is consistent with the vision of the North McDowell subarea. The General Plan is intended to be living document. Site specific'amendments to address changes in laws and or market conditions are(expected as stated in page i-13 of the plan. The site has existed as a vacant office site since the early 1980's. Office space vacancy rates within the City have been at or above 25 percent since 2006 arid over the past several years the City has received many inquiries regarding development of the site with retail uses. Although this site was not designated as retail during the General Plan update there are many factors stated above, that demonstrate the appropriateness of amending the General Plan land use designation for this site from Business Park to a Mixed Use designation and allow retail-to be included in the mix of allowable uses for this site. Vacation of Easement There is an existing 1-foot non-access easement(NAE) along the entire North McDowell Boulevard property frontage. The NAE was originally recorded on September 16, 1981 as part of the Petaluma Valley Medical Center Subdivision, in book 327 of maps at pages 10-11 and amended by certificate of correction recorded'September 23, 1981 per document number 81-54787,.Sonoma County Records. The reason the City required the NAE was to prevent future left turn ingress and egress to and from the project site to North McDowell Boulevard. The recently approved Deer Creek Plaza Shopping Center Lynch Creek Plaza12-GPA-0236 Page 4 project is required to install a.center median on North McDowell Boulevard which will prevent left turn in and out movements, limiting tile,proposed driveway approach to right turn in and out only:. Thus, the NAE is no longer needed: At the May 28, 2013, Planning Commission meeting the Planning Commission moved to approve a resolution, recommending approval the requested Vacation of Non- Access Easement by the City Council. The proposed vacation"will`be presented to the City Council as part of the project package. PBAC The project was referred to and reviewed by the Pedestrian and Bicycle Advisory Committee (PBAC) on October 3, 2012. Finalized comments and recommended conditions of approval were delivered by the PBAC on October 14, 2012 (Attachment 7). The PBAC recommendations are summarized under the Staff Analysis Section below. PPAC The applicant met with the Petalurna.Public Art Committee on October 25, 2012. The committee provided conceptual feedback to the applicant and encouragement to find a.local artist and select art work that is interactive. Although the applicant has not selected an artist at this point, the concept of a mural on the east elevation of the Walgreens building has been incorporated into the plans. Additional consultation with the PPAC will need to occur prior to final review of Site Plan and Architectural Design. Applicant Response to Staff Report On May 24, 2013, staff received comments from the applicant describing his opposition to certain draft findings and conditions of approval (see Attachment L). A summary of comments provided along with staff response is included in this staff report under the Public Comment Section. DESCRIPTION Current Site and Surrounding Uses The project site is a level lot located on the corner of Lynch Creek Way and McDowell Boulevard and within the BP (Business Park) Zoning District. Site landscaping-is.limited to wild grasses. There are no trees and shrubs growing con:the site. Surrounding the property'are a mix of medical and professional offices to the,south and east. North of the project site is the Petaluma Valley Hospital. Lucchesi Park, the Community Center, and the Lynch Creek trail are located adjacent to Petaluma Valley Hospital. To the west'is the previously approved Deer Creek Village mixed use commercial property(currently vacant). Project Entitlements The applicant is proposing a General Plan Amendment, Rezone, and Site Plan,and.Architectural Review to develop the property located at the corner of McDowell Boulevard and Lynch Creek Way as a retail commercial development. General Plan Amendment The project site is currently designated as Business Park in the General Plan 2025, which is intended for business and professional offices, technology park clusters, research and development, light industrial operations, and visitor service establishments with a variable maximum FAR of 1.5 to 3.0. Retail is only allowed as a,secondary use in the Business Park designation. The proposed General Plan Lynch,Creek Plaza 12-GPA-0236 Page 5 to-5 Amendment is to change the land use designation to Mixed Use (2.5 maximum FAR), which would allow a combination of uses,;including retail, residential, service commercial, and/or offices. Zoning Map Amendment The project site is currently zoned Business Park (BP), consistent with the General Plan land use designation. The applicant is requesting a zoning map amendment'to rezone the property to MU1B consistent with the proposed land use designation of Mixed Use. Allowable uses in the MU1B zoning district primarily include retail and office. Site Plan and Architectural Review The proposed development is made,up.of two single story comntercial buildings and associated parking and landscape improvements. The proposed development includes a 14,500 square foot retail building that would be a future Walgreens pharmacy and a 7,500 squarefoot commercial building for which tenants have not been identified. The size and layout of the 7,500 square foot pad building allows for flexibility in terms of the number and size of the tenants. The.14,500 square foot building is designed as a rectangular stucco building that is oriented toward the center of the property facing the parking lot. The building is approximately 23.5 feet high with 32 feet high towers at the northwest and northeast corners of the building to create architectural interest at this prominent corner site. The towers are designed with a mix of materials including brick cladding at the lower 15 feet and dark beige(Texas leather) stucco for the upper 14 feet. The towers are topped with about 2.5 feet of exposed beams supported by simple diagonal support brackets that would be painted brown (Plymouth brown). A combination of clear, tinted and spandrel glass is proposed for the lower portions of the building. A drive-through window is proposed on;therear(south) elevation of the building with associated access and queing interior to the lot. A mural is proposed on the east facing facade. An artist and details of the artwork have not been selected by the applicant at this time. The applicant will need to select an artist and final artwork and return to PPAC before returning for Site Plan and Architectural Review. The loading berths and garbage facilities for this building are located on the east side of the building-and would be screened with an approximately 14-foot high landscape screen. The 7,500 square foot building is a rectangular building with heights vary from 23.5 to approximately 28 feet. The building is generally oriented toward the center of the.lot facing the parking lot. The architectural treatments on the north side includethe mix of materials that are proposed for the pharmacy building. Towers are not proposed on this building. Instead, the mix of stucco, brick cladding and glazing are the same as thepliarmacy building and/are incorporated into the side oriented toward N. McDowell Boulevard. The east facing side of the building is also similar to the pharmacy building,which;includes the mix of stucco and brick.cladding. The west facing side of the building includes some of the same design elements for thefirst 20 feet. Beyond that,this side of the building'is,designed as the rear of the building with less architectural features. For example this side uses less trim and less glazing and is generally designed as the back of building. Because this side of the building will be highly visible from N. McDowell Boulevard, incorporating the same architectural elements;used on the north facing and east facing facades would create a.desirable effect and visually pleasing building on this heavily traveled corridor. Lynch Creek Plaza 12-GPA-0236 Page 6 10 ,0 Access and Parking Access to the project site would be from driveways at N. McDowell Boulevard and at Lynch Creek Way. Eighty-three parking 'spaces are provided on site in a common parking lot between the two buildings and along the rear of the site. A 10-foot wide paved sidewalk is proposed along N. McDowell Boulevard. This sidewalk would be separated from the roadway by a 6-foot wide landscape strip. Ten bicycle parking spaces are provided, including six within enclosed lockers. Six of these spaces are located near the proposed pharmacy and 4 are located near the multi-tenant building. Landscaping The project proposes site, parking lot and perimeter landscaping that includes a mix of ground cover, shrubs and trees. Within the parking_lot, trees are proposed in landscape fingers approximately every five parking spaces. A 6-foot wide landscape strip, which is directly:adjacent to McDowell Boulevard incorporates street trees and groundcover. A 16-foot wide landscape strip and detention basin is proposed along the rear (south) property boundary. Landscaping proposed within this strip includes a row of redwood trees as wellas groundcover. All parking lot drainage will be directed and filtered in this basin prior to entering the City's existing stormdrain, located on the southeast corner of the site. Loading and garbage facilities Loading and garbage facilities>are,proposed at the east side of the Walgreens building where it fronts onto Lynch Creek Way. Additional garbage facilities are proposed south of the proposed "Pad A" building. Signs The applicant has submitted sign criteria as well as elevation drawings for the proposed pharmacy signage that describe size and design of the Walgreens signage. A total of 317 square feet of wall signage is proposed. In addition, a 20-foot high free-standing monument sign is proposed north of the pharmacy building along N. McDowell Boulevard. The free-standing sign would provide up to 200 square feet of signage and proposes to accommodate up to 7 tenants (100 square feet for each face of the sign). The tenant signs would be internally lit and would'be required to use individual lettering. Colors and Materials would be similar to what is proposed for the on-site buildings, which includes the use of brick cladding for the lower portion of the sign and stucco for the upper portions. See Attachments J and M for more details. Signage for the multi-tenant building has not been provided. However, the sign criteria provided by the applicant explains the size and area of signage that would be allowed for each of the tenants. :STAFF ANALYSIS Drive Through The proposed project includes a drive-through pharmacy on the rear(south) elevation of the Walgreens building. The General Plan explicitly prohibits new drive-through facilities. General Plan Policy 4-P- 12 reads as follows: Lynch Creek Plaza 12-GPA-0236, Page 7 1'O -7 4-P-12 Prohibit,new drive-thru food and service facilities with.the,exception of vehicle serving businesses, such as car wash and oil/lube and limit expansion of the drive-thru components ofexisting facilities which increase idling vehicles. The inclusion of a drive-through pharmacy as part of the Lynch Creek Plaza.project conflicts with the prohibition outlined in the above General Plan policy. This policy is found in General Plan Chapter 4 (Natural Environment) and prohibits any new drive-through,facility based on the larger General Plan goal to improve air quality by reducing the generation of air pollutants from stationary and mobile sources. Staff is recommending:elimination of the drive-through component;of the project as a recommended condition of approval (COA#6): The condition of approval would require redesign of the site plan, floor plans and elevations to reflect elimination of the drive-thru. Additionally, the Initial Study/Mitigated Negative Declaration identifies the proposed drive-through as being in conflict with an adopted land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect (IS Section 3.10—Land Use and Planning). The recommended mitigation measure (MM GHG-1) to eliminate the'drive-thru mitigates the impact associated with the conflict with General'Plan Policy 4-P-12 which was established to minimize greenhouse gas emissions (IS`Section 3.7-Greenhouse Gases). This mitigation measure would reduce the impact to less than significant. Staff has discussed this kern With the applicant on multiple occasions throughout processing of the application. Despite staff s.opposition to the drive-thru for the reasons outlined above, the applicant maintains that the drive-thru is an important part of the project and.is requesting support of the project inclusive of the drive thru component. General Plan Amendment The City of Petaluma General,Plan was adopted in 2008. The General Plan serves as a guide for development within the City by providing a list of goals,policies and programs by which projects are evaluated. These goals, policies and programs are based on a list of Guiding Principles,which include the following principles that relate to the proposed amendments: ' Foster and promote economic,diversity and opportunities. Expand retail opportunities to meet residents'needs and promote the city's fiscal health,while ensuring that new development is in keeping with Petaluma's character. The General Plan is intended to be a living document, subject to amendments as may be needed for site specific development or to comply with state or federal law, among other things. Site specific amendments to address changes in laws and or market conditions are expected as stated in page i-13 of the plan. Amendments may also be necessary to eliminate/modify policies that may have become obsolete or unrealistic: Lynch Creek Plaza 12-GPA-0236 Page 8 � o -s The applicant is'proposing,a-general.plan amendment to changer'the land use designation of the project site from Business.Park(with'a'FAR range of 1.5 to 3.0)to Mixed Use'(with an FAR of 2.5) . The project site has historically been designated as Business Park consistent with the other properties on either side of Lynch Creek Way, which are occupied by low intensity office uses. The Business Park designation is intended for business and professional offices,technology park clusters, research and development, light industrial operations, and visitor service establishments, with retail only as a secondary use. The proposed pharmacy that is part of the Lynch Creek Plaza project is classified as a primary retail use and therefore is not currently allowed on the,site under existing General Plan and zoning designations. Because the General Plan's definition of Business Park does acknowledge retail as a secondary use Staff explored the concept of a pharmacy on the site being considered secondary to the surrounding medical office uses on Lynch Creek Way and the Petaluma Hospital across the street. While staff believes thisinterpretation may be viable for a small strictly pharmacy operation, the Walgreens business model operates as a larger retail use with"pharmacy a component of a larger retail operation. Therefore, staff does not believe that the Walgreen's project could be classified as a secondary retail use within the Business Park land use designation. The property immediately'west of the'project site and along North McDowell Boulevard has a Mixed Use General Plan Land Use designation. This classification requires a robust combination of uses, including retail, residential, service commercial, and/or.offices. The requested General Plan Amendment would extend boundaries of the Mixed Use land use designation to encompass the project site and extend the Mixed Use designation along North McDowell from Rainier Avenue to Lynch Creek Way. The proposed development on the project site includes a retail anchor and a 7,500 square foot commercial building for which specific tenants are not yet defined. The General Plan also states that development in this district should be pedestrian oriented. The change in the General Plan designation would add retail to the mix of uses allowed on this property and increase opportunities for pedestrian activity. This modification would provide more opportunities for retail uses that are compatible with existing medical and professional office uses and more opportunity for pedestrian oriented development as compared to the Business Park land use designation. State law limits the number of times a local agency can amend its general plan to no more than four times per year However, each amendment may include more than one change to the General Plan. Although the City makes every effort to combine all General Plan amendment proposals into one review, there were no other amendments that were ready to be processed at-this time. The proposed amendment is the first that has been processed and presented to the Planning Commission for recommendation this year. General Plan Consistency General Plan Policies that'apply to the project along with a-consistency analysis are listed below. In general, many.General.Plan policies would continue to apply to the project under a Mixed Use designation the same_as under a Business Park designation. This is because both designations are non- residential and subject topoliciesrelated to the location of the site along two major roadways. The change from Business Park land use to the Mixed Use land use would allow development at an intensity that is similar to the existing land use since the maximum FAR on Business Park is 3.0 and the maximum FAR on Mixed Use is 2.5. In addition,the proposed amendment would provide more Lynch Creek Plaza 12-GPA-0236 Page 9 I 0 _ )) opportunity'for creating a more pedestrian friendly site along thistheavily used corridor that is within walking distance;of existing residential and office uses, as well as the hospital, that could benefit from development of this site as'a retail.center. The application has been analyzed under the requested Mixed Use land use designation to confirm consistency with all applicable policies and programs. Applicable Policies The project site lies within the North.McDowell Boulevard Planning Subarea. The General Plan states that the Mixed Use designation offers an opportunity to intensify existing uses and provide more diversity and employment intensity along this arterial roadway. The following Goals and Policies are applicable to the project site. Staff analysis is included in italics. I-P-6 Encourage mixed-use development, which include opportunities for increased transit access. The project site is currently vacant: Transit stops exist across the street within a bus shelter and along the property frontage where there are no pedestrian facilities. The proposed project incorporates a new bus shelter along N McDowell Boulevard at the property frontage. In addition, conditions of project approval require a bus turnout along the property fro. ontage. 1-P-14 Require provision of street trees, landscaping, parking and access features to help integrate land uses and achieve an effective transition between uses of disparate intensities. The project proposes native landscaping throughout the site as well as street trees that are similar to those proposed on the adjacent Deer Creek site. The project willbe'rsubject to review by the Tree Advisory Committee. The Class I.bike.path that is proposed at.the,Deer Creek frontage would be continued through the property'frontage'along McDowell Boulevard and onto the corner of Lynch Creek Way. Parking is proposed within the interior of the site with access points at N. McDowell Boulevard and Lynch Creek Way. 2-P-5 Strengthen the visual and aesthetic character of major arterial corridors. The existing vacant site would be converted to a commercial project that would provide opportunities for bicycle and pedestrian connections,public art and landscape buffers. The proposed structures include a 14,500 square foot retailpharmacy with drive-through as well as a separate multi-tenant commercial,building"along the west property line (Pad A). The design,and placement of the proposed pharmacy building is driven by the applicant's desire to have a pharmacy drive-through facility. This drive-through facility is located at the rear (south) of the building. As a result the loading berth and trash facilities are located along Lynch Creek Way instead of at the rear of the,building away from public view. The entry.of the building is directed toward the parking lot rather than a more desirable orientation,toward'the street. In addition, the multi-tenant(Pad A) building is also oriented toward the parking lot. The rear of the multi-tenant building is very visible from McDowell Boulevard. However, the design of this rear elevation of the building is treated more like the back of building that is typically applied to sections of a building that are not normally visible from public view. Lynch Creek Plaza 12-GPA-0236 Page 10 —1C To address these issues and strengthen the visual and aesthetic character alongNorth McDowell, Staff recommends thatarevisions-be made to address these issues prior tofilial SPAR. Elimination of the drive-through facility (discussed further under 4-P-12) would provide greater flexibility for modifications to the east side of the building to incorporate pedestrian oriented design features such as additional glazing, trellis work or other design elements that would be carried along the Lynch Creek frontage. Reorientation of the front entry to Walgreens would significantly strengthen the interaction and character on North McDowell with these design changes, the Lynch Creek Plaza project will convert a vacant infill site containing no scenic resources and will strengthen the visual and aesthetic character of the North McDowell,corridor through orientation,of facades toward the street, landscape buffer from parking areas, construction of a 10 foot wide Class I pathway along the North McDowell frontage and installation of street trees and other landscaping. The applicant also proposes a sign program that provides for unifred"signage elements along North McDowell, which will further strengthen the visual and aesthetic character of this major corridor. The tenant sign for the shopping center, will maintain a streetscape scale along North McDowell in compliance with the Implementing Zoning Ordinance. 2-P-88 Provide enhanced pedestrian and bicycle network connections between the industrial, commercial, and residential clusters. Pedestrian and bicycle trail connections are incorporated into the project design, including a Class I path along the McDowell frontage, a 10 foot wide sidewalk with landscaping along both sides of the sidewalk, and a new sheltered bus stop on North McDowell. The project's pedestrian connectivity through the site improvesdhe'network between commercial, office; residential and medical uses in this area of the McDowell corridor. In,addition, the project was reviewed by the Pedestrian and Bicycle Advisory Committee (PBAC). A summary of the PBAC recommendations are provided under the PBAC section below. 4-P-12 Prohibit new drive-thru food and service facilities with the exception of vehicle serving businesses, such as car wash and oil/lube, and limit expansion of the drive-thru components of existing facilities which-increase idling vehicles. The inclusion of a drive-through!pharmacy as part of the Lynch Creek Plaza project conflicts with the prohibition outlined in the above General Plan policy. This policy is found in General Plan Chapter 4 (Natural Environment) and prohibits:any neiv,drive-through facility based on the larger General Plan goal to improve air quality by reducing the generation of air pollutants from-stationary and mobile sources. A condition of approval would require the redesign of the site plan,floor plans, and elevations to reflect elimination the drive-through component. 4-P-16 To reduce combustion emissions during construction and demolition.phases, the contractor of future individual project shall-encourage the inclusion in construction contract of specific requirements. All of the measures outlined-in 4-P-16 have been incorporated into conditions of project approval. In addition Mitigation Measures-AQ-1 requires implementation of Bay Area Air Quality Management District Basic Construction Mitigation. Lynch Creek Plaza 12-GPA-0236 Page 11. to_-� t 5-P-I6 If Class II bike lanes are not possible on streets designated''as such,on the Bicycle Facilities Map, those streets shall become enhanced Class III bike routes using such markings as edge striping, shared lane markings, and signs. The General Plan indicates that North McDowell is proposed for,Class II on street, striped bicycle facilities. A Class I path is proposed instead to maintain consistency with the existing facility on the north side of McDowell and to connect to the proposed-Class I path at Deer Creek Village. The project was reviewed by the Pedestrian and Bicycle Advisory Committee. The PBAC noted that a Class II was required.along Lynch.Creek Way as part of the Deer Creek Village project. The PBAC recommended that this project incorporate the Class 1l lanes,along;the propertyfrontage ontage on Lynch Creek Way if.the Deer Creek Village Project has not been constructed. This has been included in the recommended draft conditions of approval for SPAR. 5-P-23 Require the provision of pedestrian site access for all new development. The proposed project incorporates,and enhances pedestrian access to the site. With incorporation of recommendations made by the PBAC as conditions of approval, the project would also include pedestrian access within the site with connection to other locations/paths. 5-P-31 Make bicycling and walking more desirable by providing or requiring development to provide necessary support facilities throughout the city. The proposed project includes.]0 bicycle parking spaces, six,of which would be covered spaces: In addition, employee shower facilities are proposed within the pharmacy building as required by Chapter 11.090 of the Implementing Zoning Ordinance. 6-P-29 Integrate arts into the planning process in the City and encourage the arts as an integral part of development proposals and capital improvement projects. 6-P-30 Place public art in areas that are interactive and accessible to the public and at the City's gateways. The applicant has received'preliminary consultation with the Petaluma Public Art Committee (PPAC) regarding integrating public;art into the proposed project. The applicant is currently seeking a local artist that will assist in creating art work consistent with the direction of the PPAC. The applicant will continue to work with the PPAC once an artist and art work is selected. 8-P-36,Require.developmenton,sites;,greater than 1/4 acre in size to demonstrate no new increase in peak day stormwater runoff, to the extent deemed practical and feasible. The applicant has submitted a Preliminary Hydrology and Drainage Analysis, which concludes that an increase off cubic foot per second of stormwater runoff would result from construction of the proposed project. The applicant proposes to detain and regulate additional peak flOws through a 24-inch wide, 150 foot long drainpipe that would drain to a smaller 15-inch pipe at the south corner of the site These improvements are expected to be sufficient to accommodate peak flows onsite without exceeding the capacity of existing storm drain facilities and would not increase peak day stormwater runoff Lynch Creek Plaza 12-GPA-0236 Page 12 8-P-38 All development activities shall be constructed and maintained in accordance with Phase 2 National Pollutant Discharge Elimination System permit requirements. Standard conditions of approval require that all storm water systems and calculations include detention and treatment systems that meet the requirements of the NPDES, City of Petaluma Phase II Storm Water Regulations for post construction storm water runoff. 9-P-I Retain and attract.basic economic activities that bring dollars into the local economy by exporting products and services. The General Plan amendment would allow development of the project site with a Walgreens pharmacy near existing residential and medical office where no pharmacy currently exists. This use would provide opportunities for those visiting the medical offices and/or Hospital from surrounding cities to get pharmaceuticals in Petaluma. 9-P-13 Expand and diversify Petaluma's;retail base The General Plan amendmentwould allow retail development of the project site and would add a pharmacy near existing residential and medical office where no pharmacy currently exists. 9-P-14 Plan and locate retail uses;appropriately for their types and sites available The site is located adjacent;to medical offices and across the street from the Petaluma Valley Hospital. The proposed amendment would allow development of this site as a pharmacy, which is appropriate for the site given the surrounding uses. Additionally, the multi-tenant building could be used for office and/or retail.uses. PBAC The project was referred and reviewed by the Pedestrianand Bicycle Advisory Committee (PBAC) on October 3, 2012. Finalized comments and recommended conditions of approval were delivered by the PBAC on October 14, 2012(Attachment K). The following summarizes the PBAC recommendations: Bicycle Access and Parking PBAC recommended that bike rack be provided at two or three different locations, that bike racks should be located near the building;entrance, yet avoid having racks too close to wall or structure, and that bike racks should be located.beneath an overhang or awning. The application was modified to clarify the location of thebike racks to be at two different locations and to incorporate at least:six (6) enclosed bike storage facilities. PBAC noted that the Deer Creek Development may have been conditioned with Class II bike lane along northern side of Lynch Creek Way frontage. If this Project is built before Deer Creek, applicant is to install Class II lane on Lynch Creek Way along its frontage. Bike lane would^need to be the correct width and include signs, and "sharrows"or other designating stencils. These requirements are also consistent with Bicycle and Pedestrian.Plan Policy 1, which emphasizes the need to "Implement the bikeway system as outlined in the Bicycle and Pedestrian Plan, and expand and improve the Lynch Creek Plaza 12-GPA-0236 Page 13 � 0- 13 bikeway system wherever the opportunity arises." And Policy 6, which states the need to "Ensure that new development provides connections to and does not interfere with existing and proposed bicycle facilities. In addition, PBAC emphasized the need to allow easily navigate through the project and that the drive- through window be:made accessible to person standing at the window or riding up on a bike by incorporating, signage and bicycle parking for those using the Drive up Window, and by including signage making it clear bicyclists and pedestrians are welcomed to use drive-through window. The drive through component would be eliminated to avoid conflicts with the General Plan and to comply with mitigation measures outlined in the Initial Study/Mitigated Negative Declaration. For this reason, conditions of approval related:to the drive-through were not included in the draft copy of the SPAR Conditions of Approval. Employee Showers/Lockers/Amenities PBAC stated that the shower facility as required by IZO Chapter 11.090 need to be incorporated into the project. PBAC recommended that shower facility should be accessible by those working at the pharmacy building (Walgreens) and Pad A building. The proposed project was modified to incorporate the shower facility within the pharmacy building. Glare free Lighting PBAC noted that lighting shall be directed downward to minimize light pollution and to avoid direct glare into bicyclists' and pedestrians' eyes. This requirement is included as a condition of approval. Pedestrian amenities The PBAC recommended incorporating benches throughout the site and that the applicant coordinate features of public transit stop with'local/regional transit authorities. PBAC also recommended an edible landscape and low-lying+shrubs along the NW access point into the Deer Creek project. Along the north [west} side of Pad A building(7,500 sq. ft.), PBAC recommends benches and a walkway with edibles, and low-lying shrubs for site distances. Trail/path Signs PBAC recommended that signage be installed at the certain locations shown below. With the exception of item 4,these signage requirement have been incorporated as conditions of approval: 1. safety signage along.McDowell Frontage alerting motorists to bikes/pedestrians.traveling from both directions along the future Class I bike path in front of project along N. McDowell Boulevard; 2. directional signage to East/West Lynch Creek Trail access points, as well as to Lucchessi Community Center; 3. signage at the west side of Pad A building into Deer Creek for pedestrians and bicyclists indicating access to the future Deer Creek Project businesses and the future perimeter Class I path on the west side/freeway frontage of Deer Creek; 4. if deliveries-will occur during business operating hours, signage to be placed at intersection of drive up driveway and delivery drive alerting all users of possible cross traffic. This condition was not included as it relates to the drive-through component, which will be eliminated to avoid conflicts With the General Plan and as part of Mitigation Measures. Lynch Creek Plaza 12-GPA-0236 Page 14 Through Travel PBAC recommended the following elements be incorporated to the site lay out. 1. encouraging pedestrian access between Deer Creek Village and Lynch Creek Plaza so that vehicular use is minimized. 2. applicant shall provide for safe and secure pedestrian and bicycle access to rear of lot to allow interface between the Project and Deer Creek, which shall besigned, wide enough to accommodate bicyclists passing from opposite directions and pedestrian access. 3. an additional walkway'toward the rear of the site is advised for pedestrian traffic between Deer Creek,through project out to Lynch Creek Way; walkway to be integrated with landscaping along the border with the medical offices to the west, or with colored/marked and raised pavement guiding pedestrian safely through parking area. 4. pedestrian walkway between Pad A and B shall be made with colored pavement, striping and a conducive walking surface to permit pedestrian access between the two buildings. Incentives to Walk/Bicycle/Transit to Work PBAC provided the following recommended condition of approval requiring the use of employee incentives for using alternatives to vehicle use. This recommendation is included as condition of approval. "Prior to issuance of Certificate of Occupancy,Applicant shall provide.a simple one-page document to the city naming a designated "transportation coordinator" describing specific incentives for employees to walk, bicycle or to take transit,thereby encouraging alternatives to driving cars to this site Examples include lending-bicycles for short errands, monetary or other rewards for not driving, discounts for bicycling, formation of groups of employees who pledge to bicycle, walk, carpool or ride transit at least once a week, etc. Applicant shall comply with Municipal Code 11.90." SB18 Consultation SB 18 established responsibilities for local governments to contact,provide notice to, refer plans to, and consult with local tribes prior to amending a general plan. The purpose of consultation is to ensure mitigation of cultural resources sites. Consultation is expected,to be ongoing and can continue through the environmental review process. Consultation may also continue through planning commission or city council deliberation on the subject general plan amendment. In response to city referral of.the application, the Federated Indians of Graton Rancheria have requested consultation. Staff has been actively engaged with the representative from Craton Rancheria and working with both the applicant and FIGR to provide information requested by FIGR and complete consultation,:as required by SB 18. IMPLEMENTING ZONING ORDINANCE Zoning Amendment The applicant is requesting a rezoning of the subject property (APN 007-380-007)from Business Park to MU1B). The MU1B Zoning District is consistent with the proposed Mixed Use General Plan land use designation. This request would modify the existing MU1b boundary line from the adjacent site (Deer Creek Village).to encompass the project site. The proposed project is consistent with the Lynch Creek Plaza 12-GPA-0236 Page 15 0—I 6 development standards for-the MU113 zoning district including setbacks'; parking requirements, and building height (as conditioned). The requested zoning map'amendment'coinplies with IZO Section 25.050.B,which requires the Planning Commission to make;a`finding that the public necessity, convenience and general welfare clearly permit and will be furthered by the proposed amendment. This finding can be made for the following reasons: 1. The amended zoning+designation will result in uses that are appropriate and compatible with the existing surroundings uses: The project site is surrounded by medical and business/professional offices to the south and east. North of the'site is the Petaluma Valley Hospital. To'the west there-is a vacant lot currently zoned'MU 1B, which has been approved for development of the;Deer Creek Village project. The amendment would broaden the uses permitted on the:projectsite. In addition, the applicant is proposing to develop this site with retail/commercial uses and provide adequate vehicle, pedestrian and bicycle access. The proposal to add a retail pharmacy is compatible with existing surrounding medical office uses. 2. The City continues to face,a high vacancy rate for office space. When the Economic Development Strategy Report was prepared in 2010, vacancy rates for office space were estimated to be near 40 percent. In 2013, office space vacancies were recorded at around 25 percent, which exceeds a reported healthy vacancy rate of between 5-I0 percent. By comparison, the retail vacancy rate is currently recorded at 5.9 percent. 3. As part of the Economic Development Strategy,the City identified a number of target industries that would serve to "diversify the local economy and create economic stability" within the city. One of those industries identified include the'health and wellness industry. The proposed amendment:would provide opportunities for the owner of the property, Petaluma Healthcare District, to generate revenue for its district andcontinue operating within the City. 4. The project proposestaccess from N. McDowell Boulevard and from Lynch Creek Way. With conditions of project approval added as part of Site Plan and,Architectural Review, buildings would be oriented toward the streets,would incorporate four-sided architecture, and would included pedestrian amenities, such as 10-foot wide paths, pedestrian scale landscaping, benches on the property and onsite bicycle parking/storage. 5. The proposed project would be reviewed for Site Plan&Architectural Review and be subject to final approval by the Planning Commission. Land Use With approval of the requested zoning map amendment,the project site will be within the.MU1B zoning district. Retail, coinniercial, and office uses are permitted uses within MU1B. Parking Table 11.1 in the IZO outlines minimum on-site parking requirements for specific use types. A total of 73 parking spaces are,required to meet minimum parking requirements as outlined in the IZO for 22,000 square feet of general retail (1 space/300 square feet). As proposed, the Lynch Creek Plaza project includes eighty-three (83) parking spaces, which is approximately 10 spaces more than the minimum requirements. Lynch Creek'Plaia 12-GPA-0236 Page 16 Requirements;forbicyoleparking and shower facilities are called out in Chapter, l i.of the IZO. The proposed project plans-incorporate 10 bicycle parking.spaces, including 6 covered and 4 uncovered, which exceeds the requirement for1the number of bicycle parking to be at least.10% of the required automobile parking spaces. In addition,the applicant has submitted floor plans which demonstrate that shower facilities will be incorporated into the project to meet the requirement of the IZO. Public Art Browman Development has indicated their intent to incorporate public art into the Lynch Creek Plaza project to comply with the requirement of Chapter 18 of the IZO. On October 25, 2013, the applicant met with the Petaluma Public Art:Committee to discuss the public,art component of the project. The applicant will continue to work alongside the Art Committee in,finalizing the project's public art component and meeting all conditions for public art as required by Chapter 18 of the IZO (Condition 21). Building.Height Maximum building heights for the MUM zoning district are 30 feet(Table 4.10)with a foot note that allows increased height up to•45,feet when a building is set back more than 30 feet from an abutting property line. This exception allows one additional foot of height with each additional foot of setback over 30 feet to a maximum 45 feet.. The multi-tenant building is proposed at a height of 27 feet. However, the 14,500 square foot"pharmacy building varies in height from 23 feet for the parapet to approximately 32 feet at the corner towers. Because the building does not meet the setback requirements to allow the additional height, the project will need to be modified to comply with the 30- foot height limit(COA#7). Signs The applicant has proposed Written'sign criteria that is consistent with the City of Petaluma Sign Ordinance and establishes area and height criteria for the individual tenant and for the monument sign located on the N.McDowell Boulevard.frontage. The proposed signage complies with the City of Petaluma.Sign Ordinance as follows: Pursuant to IZO Section 20.050 One (1) free-standing sign.not.exceeding the height of the main building, or twenty (20).feet, whichever is lower, is permitted provided that all buildings are set back not less than twenty-five (25) feet from the curb or street pavement edge on which the use fronts. The maximum area of signage within a free-standing sign shall not exceed 200 square feet; The proposed height of the free-standing sign would be 20 feet high incompliance with this section. In addition the total tenant signage the free-standing sign will not exceed 100 square feet per sign face for a total maxithum signage are of 200 square feet for the free-standing sign. The project would be considered:a"shopping center" under the sign ordinance. The sign area for all uses located in a shopping center shall be allotted in accordance with,the following procedures: 1. Multiply the number of businesses within the center by one hundred (100) square feet to determine the total aggregate sign area. Lynch Creek Plaza12-GPA-0236 Page 17 1 0 -Li 2. Subtract the area of the free-standing shopping centersigns, if any. The maximum allowable area of the main free-standing+,sign shall not exceed two hundred (200) square feet, and other permitted free-standing.signsshall not exceed twenty-five (25)isquare feet. 3. Multiply the number of businesses within the center by twenty (20) square feet(a sign area constant available to each'business in a shopping center to assure that businesses with very small floor areas will have adequate sign area for identification) and subtract the result from the balance of the aggregate sign area. 4. Determine the total floor area for all businesses in the center, then determine what percentage each store represents of the:total•floor area. Use the floor area percentage ratio to determine the percentage of the balance Of the sign area to be allotted to each store, and add the "constant" twenty (20) square foot area. It is unknown at this time what the total number of tenants would be. However, the applicant proposes a monument sign that.would accommodate up to 7 tenants. Therefore a total of 700 square feet could potentially be permitted. A total of 200 square feet is proposed for the free-standing sign and a total of 315 square feet of signage is proposed for the Walgreens pharmacy building. That would leave a total of 185 square feet of sign area for the individual tenants signs. Prior to installation of signage, the applicant will need to submit calculations that demonstrate compliance with the above requirements. Site Plan and Architectural Review Staff recommends that the Planning Commission review the'site, landscaping and architectural plans for the proposed project, consider any comments from the public and_provide preliminary feedback to the applicant and staff on proposed plans. The Planning Commission cannot take final action on the design review decision until the City Council acts on the other associated entitlements for the project, which include the adoption of. a. Mitigated Negative Declaration, a General Plan Amendment and an Amendment to the zoning map. Upon approval by the City Council the project would be brought back to the Commission for final SPAR review and decision. Draft findings and conditions of approval have been included for general consideration by the Commission (see,Attachment F) Although Staff generally believes'that the proposed project meets the SPAR guidelines, staff is recommending consideration of the following modifications prior to returning to the Planning Commission for SPAR to allow the Commission to make the necessary findings for approval: • Removal of the drive through facility • Relocation of loading dock and back of house activities off of Lynch Creek frontage • Four.sided architecture • Orientfront entry to N. McDowell Boulevard. • Increaseglazing along street frontages • Incorporate additional pedestrian amenities such shaded seating/benches, through site pedestrian/bicycle friendly access, edible landscaping (as recommended by the PBAC) Prior to SPAR approval the Planning Commission must make the following findings as outlined in Section 24.010 of the IZO. Initial staff analysis is shown in italics. Lynch Creek Plaza 12-GPA-0236 Page 18 I 0- 16 The project includes theappropriate use of quality materials and harmony and proportion of the overall. design. The proposed project uses a variety of exterior materials, including brick clad, metal, glass, stucco, and "living walls" to provide visual interest. Conditions of approval would require additional use of trellis or canopy features to further enhance the design and provide/a more appropriate pedestrian scale. Additionally, the recommended modification for four sided architecture will ensure a more holistic approach throughout the project, especially with respect to the multi-tenant (Pad A) building to ensure that the development orients both towards North McDowell and to the interior of the development. The architectural style is appropriate for the project and compatible with the overall character of the neighborhood. The architectural style of the proposed project provides varied building height, variation in materials and elements that add dimension to the buildings. However, the architectural elements of the multi- tenant (Pad A) building are not carried through to the west side of building which is highly visible from McDowell.Boulevard andfrom•the future Deer Creek Village project. This elevation is treated like the back of building more appropriate for areas that are not generally visible from the public right- of-way. Staff has recommended modifications to ensure four sided architecture, more compatible with the overall character and.to address compatibility with future development on the adjacent site. The siting of the structure(s) on the property is in harmony with siting of other structures in the immediate neighborhood. • The proposed buildings.have teen sited close to the streets, which provide opportunities for pedestrian interaction similar to the future Deer Creek Village development on the adjacent site. The siting creates more of a neighborhood street effect and allows interaction with neighboring medical office use. The elimination of the drive-through would allow the loading area of the pharmacy building to be relocated to the rear of the building which would in turn provide the opportunity to shift the building toward Lynch Creek Way and increase interaction along that secondary frontage. rontage. The size, location, design, color, number, lighting, and materials of all signs and outdoor structures are appropriate for the project's surroundings. The proposed sign program provides a cohesive and integrated approach to signage for the project. A variety of materials and colors,are encouraged but the parameters of the program ensure consistency. The sign program outlines maximum square footage for each of the tenants; consistent with the parameters of the.Implementing.Zoning Ordinance. The freestanding sign is designed with colors, materials, and decorative features found in the architecture of the site. All signs are internally illuminated and have been conditioned to include automatic sensors to shut-off during day time hours and dim during non-business; late night, and early morning hours. Landscaping shall be in keeping with the character or design of the site. Landscaping has been appropriately used throughout the project to provide buffers, soften edges, and break up large parking areas. Additionally, street trees along North McDowell buffer the development from the busy arterial and enhance the Class I path along the frontage. The applicant proposes a mix Lynch Creek Plaza 12-GPA-o236 Page 19 10-t�i of native and drought tolerant•plant. Conditions of approval will require compliance with the water conservation ordinance. Ingress, egress, internal circulation for bicycles and automobiles, off-street automobiles and parking facilities and pedestrian ways shall be designed to promote safety and convenience and shall conform to City Standards. Plans pertaining to pedestrian, bicycle, or automobile circulation shall be routed to the PBAC for review and recommendation. Access to the project is proposed at North McDowell Boulevard and at Lynch Creek Way. The driveway approaches will need to be rounded aprons and designed to accommodate truck turning movements as conditioned A Class'path is proposed along,the'North.McDowell frontage, consistent with existing facility on the north side of McDowell. A new bus shelter is proposed on.North McDowell Boulevard Conditions of approval require that this'bus shelter be constructed behind the 10 foot sidewalk. As such site access will be designed to provide safe,and convenient access to all modes of transportation, including bicycles,pedestrians, transit riders, and automobiles. The project's pedestrian connectivity throughrthe site improves the network between cornniercial, office, residential and medical uses in this area of the N. McDowell Blvd corridor. Project plans were routed to'theFPBACand the applicant engaged in dialogue with the committee on October 2012. The PBAC issued a memo (Attachment 7)providing recommendations for compliance with the bicycle and pedestrian master plan. The applicant has,made modifications to include 10 bicycle parking and employee showers. Additional recommendations are included as conditions of approval. PUBLIC COMMENTS On May 9, 2013, a Notice of Intent to adopt a Mitigated Negative Declaration and notice of public hearing was posted with the County Clerk, published in the Argus Courier, and mailed to all property owners and occupants within 500 feet of the subject property and,on the interested parties list for the project. On May 28, 2013,the Planning,Commission heard this project for the first time and received public testimony from the public;expressing concerns about the proposed amendments. In addition, the City has received written comments dated, which are included as Attachment,L. The following is a summary of comments received along with staff response: On May 24, 2013, Browman Development delivered a.written correspondence responding to staff s written report to the Commission. The following is a summary of that correspondence followed by staffs response: Drive-through facility The applicant expresses concerns aboutWalgreen's commitment to locate on this site.if the drive- through window is not permitted. The applicant makes three points in support of the'drive-through: • The drive-through will provide a convenient access to elderly, sick, disabled, etc. • The drive-through would reduce potential for spread of contagious disease. • The project as a whole would generate revenue to the City Lynch Creek Plaza12-GPA-0236 Page 20 I D'W • The amount of GHG.generated by the drive-through window would not exceed 7 metric tons per year which is below the threshold of established by BAAQMD. Staff Response: The drive-through component conflicts with General Plan.Policy 4-P-12. This policy prohibits any new drive-through facility based on the larger General Plan goal to improve air quality by reducing the generation of air pollutants from stationary and mobile sources. Staff does not recommend any changes to the proposed Draft Findings and COA's related to the drive-through. Bus Turnout The applicant expresses concemsabouthe condition of approval requiring a bus turn-out at the project site. Staff Response: The City Engineer has reviewed the site plan,submitted and has concluded that a bus turnout is possible and necessary. Therefore, staff does not recommend changes to the conditions of approval. Building Architecture The applicant has indicated their.belief that they have incorporated four-sided architecture, but look forward to further guidance on the Site Plan and Architectural.Review. Staff Response: The buildings architecture is in part being guided by inclusion of the drive-through component, which is prohibited by General Plan policy and which will be required to be removed as a condition of approval. Removal'of this drive-through window will provide opportunity for design changes to the building elevation on the east side of the Retail building The multi-tenant building has undergone some changes from the,original design. However, the west,facing side of the this building will be highly visible from adjacent development and from the McDowell Blvd right-of-way. Therefore, this west side of the building should have more of a "font of building" treatment that could incorporate additional glazing, use of awning system or other such treatment. Bike and Pedestrian Connections The applicant states that additional:bike and pedestrian connections can not be provided because the adjacent Deer Creek Village site is::unwilling to provide connections through their site. Staff Response: The provision of pedestrian amenities on the project site that would facilitate the use of/access by pedestrians or cyclist would not require willingness by the adjoining project developer. Elimination of the garbage enclosure at the southwesterly property corner, inclusion of on site features such as those recommended by PBAC (including benches, walkway along the south property border, and/or the use of colored/marked and raised pavement) would provide pedestrian/bicycle access through the site and facilitate cross access to the neighboring property. Employee Showers The applicant has expressed concerns about allowing the use of showers by the employees of the muti- tenant building. Lynch Creek Plaza 12-GPA-0236 Page 21 Staff Response: The proposed plan could be modified to allowrestricted access to the employee showers, while precluding access to other areas in the store. Therefore, staff does not recommend any changes to the Draft Conditions of Changes to Draft•Findings and Conditions of Approval The applicant has provided a marked up version of the Draft Findings and Conditions of approval prepared by staff. Staff Response: Staff does support providing detailed guidance in the Draft Conditions of Approval. Staff recommends modification_of Draft condition of approval 6d. to-read as follows: To ensure the project orients toward the McDowell Boulevard corridor, the multi-tenant building(identified as Pad A on the plans) shall add architectural design elements to all visible sides including the.rear (west side) of the building which is very visible form McDowell Boulevard Specifically, the building shall incorporate additional glazing trellis work, and/or other design elements that achieve a holistic design approach. Additionally, Condition of approval 6e shall be added to read as follows: Redesign the primary building so that it does not exceed a height of 30 feet. Staff does not support any other changes in the Draft Findings or the Draft Conditions of approval. On June 5, 2013, staff received written correspondence from Bob Koenitzer expressing opposition to the proposed amendments and proposed development. His letter states that this.site is suitable for office development and that'adding,a retail pharmacy at this location is unnecessary given the number of pharmacies already located nearby. Staff Response: Vacancy rates for office space have been at or above 25 percent since 2006. When the Economic Development Strategy'Report was prepared in 2010, vacancy rates for office uses were estimated to be near 40 percent. This report concluded that absorbing such a high vacancy rate would be difficult with office uses alone:and'that modifying zoning to accommodate other uses would be needed. In 2013, office vacancy rates.continue to be high (25%)'compared to retail vacancy rates(5.9%). Although other.pharmacies exist along McDowell Boulevard and a pharmacy is proposed within:the future Deer Creek shopping center, the proposed pharmacy on the project site would provide another option for purchasing pharmaceuticals and other convenience items. On June 24,2013, staff receiveda,letter from Melone Geier expressing concerns about the proposed project. They are requesting,that any amendment to the General Plan that would allow a drive-through also be applicable to the Deer Creek Village Project Staff Response: The applicant is not seeking a General Plan Amendment and staff does not support the proposed drive-through Mitigation Measures ill the Initial Study, as well as-Draft conditions of approval for SPAR require removal of the drive-through. Lynch Creek Plaza 12-GPA-0236 Page 22 O -7)7- x ENVIRONIV1ENTAL°.REVIEW" _ Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study of potential environmental impacts and a related Mitigated Negative Declaration was prepared (see Attachment B). Mitigation measures to avoid, substantially reduce, or compensate for the environmental impacts are identified in the following areas: Air Quality The initial Study incorporates mitigation measures to .address air quality impacts associated with construction of the project. Biology The Initial Study incorporates mitigation measures to address potential impacts to migratory birds which require preconstruction:surveys if construction is to occur between February ls` and August 31st. Cultural Resources The Initial Study incorporates mitigation measures to address potential impacts to cultural resources in the event resources or human remains are found during grading of the site. Geology The Initial Study incorporates mitigation measures requiring submittal of an erosion control plan, updated geotechnical report, and compliance with the preliminary soils report related to construction on expansive soils. Greenhouse Gas Emissions The Initial Study incorporates mitigation measures requiring the elimination of the drive-through component of the project to address conflicts with General Plan policies that were adopted to address greenhouse gas emissions within the City. Because this mitigation measure will result in the most significant change to the proposed project design and layout, more detail is provided below.. The City of Petaluma General Plan 2025 and General PlanEIR incorporates policies that were intended to directly and indirectly reduce greenhouse gas emissions. One of those policies (General Plan Policy 4-P-I2) prohibits new drive-through food and service facilities as a measure intended to reduce greenhouse gas emissions. The proposed project includes a pharmacy with drive-through facility. Because the drive-through component conflicts with General Plan policy 4-P--12, the Initial Study concluded that Mitigation Measure GHG-1 (see below), which requires elimination of the drive-through component is necessary to reduce this impact to less than significant. Mitigation Measure GHG-1 reads as follows: GHG-1. Prior to Final Site Plan and Architectural Review by the Planning Commission, the applicant shall submit a revised site plan, architectural elevations and architectural renderings that reflect the elimination of the drive-through component of the pharmacy building. Lynch Creek Plaza 12-GPA-0236 Page 23 o -Z3 The above mitigation:measure .also ;mitigates potentially-significant Land Use and Planning impacts 3.10b which concludes that a potential'impact would result if the project were to "Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but. not limited,to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. " Noise The Initial Study incorporates mitigation,measures to address construction related noise impacts. An additional mitigation measure precludes office uses within 50 feet of the center line of the McDowell boulevard and stated in the Noise Study. Transportation The Initial Study incorporates mitigation measures requiring submittal of a traffic control plan to address potential construction'related traffic impacts. A traffic study was prepared for the proposed project. This traffic study concluded that the following intersections would operate below the normally acceptable LOS D: • Corona/N. McDowell Blvd. is expected to operate at a LOS E under cumulative and cumulative plus project • Rainier Avenue/N. McDowell Blvd. is expected to operate at LOS F under cumulative and cumulative plus project conditions. However, project related contribution would not be significant as it would represent a less than 1 percent increase in trips in both cases. The above intersections were evaluated under the General Plan 2025 EIR and were determined.to,fall below acceptable levels under future conditions. The GP 2025 EIR was adopted with overriding considerations to approve operations at LOS E and F for these two intersections. hi both cases, the project's share of traffic these intersection are less than 1 percent. The traffic study also concluded,that under existing plus Pipeline plus project conditions the following intersections would operate at unacceptable levels as follows: • Corona/N. McDowell Blvd. is expected to operate unacceptably at a LOS F • E. Washington/N.McDowell Blvd. would operate at LOS E However, the above intersections were evaluated under the Deer Creek Village EIR.and determined to fall below acceptable levels under future conditions. The Deer Creek;Village EIR was adopted with overriding considerations to approve operations at a lower LOS at these two intersections. In both cases, this project's share of traffic at these intersections is less than 1 percent. The project does not warrant traffic signals nor contribute to substantial LOS delays. The project's contribution to traffic levels atintersections with LOS E and F are negligible and will not substantially exacerbate LOS delays. Therefore, project impacts to traffic and intersection operations will be less than significant. Lynch Creek Plaza 12-GPA-0236 Page 24 Mitigation Monitoring A Mitigation Monitoring Program has been prepared to identify thetiming and person responsible for monitoring that the above mitigation measures are completed. The MMP is included as Attachment 2. o = °` RECOMMENDATION , 'I Staff recommends that the Planning Commission provide initial feedback on the Site Plan and Architectural Review of the Lynch Creek Plaza project and adopt the following resolutions: • Resolution recommending to the City Council approval of the Initial Study/Mitigated Negative Declaration for Lynch Creek Plaza; • Resolution recommending to the City Council approval of a General Plan Amendment to change the land use designation of the project site from Business Park to Mixed Use; • Resolution recommending to the City Council approval of a map amendment to the Implementing Zoning Ordinance rezoning the project site from BP (Business Park) to MU1B (Mixed Use Commercial); and ATTACHMENTS (incorporated herein by reference) A. Resolution recommending approval of Initial Study/Mitigated Negative Declaration B. Initial Study/Mitigated Negative Declaration C. Mitigation Monitoring and.Reporting Program D. Resolution recommending approval of General Plan Amendment E. Resolution recommending adoption of Ordinance for Zoning Amendment F. Draft SPAR Findings and Conditions of Approval G. Resolution for Vacation of Easement H. Applicants project description I. Reduced Plan Set J. Proposed Sign Criteria K. PBAC Memo L. Public Comments M. Full sized Plan Set Lynch Creek Plaza 12-GPA-0236 Page 25 k0 -26 ATTACHMENT A RESOLUTION OF THE CITY OF PETALUMA.PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION-AND MITIGATION MONITORING PROGRAM FOR THE LYNCH CREEK PLAZA PROJECT LOCATED AT THE CORNER OF NORTH MCDOWELL BOULEVARD AND LYNCH CREEK WAY, APN 007-380-007 FILE NO. 12-GPA-0236 WHEREAS, Browman Development, Inc. submitted applications for a General Plan Amendment, Zoning Map Amendment, and Site Plan and Architectural Review for the Lynch Creek Plaza project located at the corner of North McDowell Boulevard and Lynch Creek Way ("the Project" or the "proposed Project"); and WHEREAS,the Project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change,water supply, and traffic, the City relied on the program EIR.for the City of Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR) by with the adoption of Resolution No. 2008-058 N.C.S., which is incorporated herein by reference; and WHEREAS, the General'Plan.ERR.identified potentially significant environmental impacts and related mitigation measures and the City also adopted a'.Statement of Overriding Considerations for significant impacts that could not be avoided; and WHEREAS,the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that-a Mitigated Negative Declaration (MND) was required in Order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and WHEREAS, on or before May 9, 2013,the City's Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing for 20-day public comment period commencing May 9, 2013 and ending May 28, 2013 and a Notice of Public Hearing to be held on May 28, 2013 before the City of Petaluma Planning Commission,was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons"having requested special notice of said proceedings; and WHEREAS,pursuant to the analysis in the Initial Study, the Project does not make a 10- ATTACHMENT A considerable contribution(to the significant and unavoidable curriulative'traffic and/or noise impacts identified in the General'Plan r2025 EIR because of its,smalhsize; and WHEREAS, pursuant to further analysis in the Initial Study; including evaluation using the Bay Area Air Quality Management District(BAAQMD)'recently:adopted CEQA Guidelines and 2010.Clean Air Plan,the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impacts.found'-to be significant and unavoidable in the General Plan 2025 EIR, because of the Project's small size and lack of significant stationary sources of emissions; and WHEREAS,the Plannigg'COmmission held a public,hearing-on May 28, 2013, and a continued hearing on July 9;.2013 during which the Commission considered the Project, the MND, the Initial Study and supporting documentation referenced in the Initial,Study, a staff report dated May 28,2013, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and WHEREAS, on July 9, 2013, the Planning Commission completed its review of the Project, the MND, and a Mitigation Monitoring Program and recommended adoption of the MND and the Mitigation'Monitoring and Reporting Program; and WHEREAS,the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and WHEREAS,the MND, Initial Study and related project and environmental documents, including the,General Plan 2025 Elk and all documents incorporated herein by reference,are available forreview in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project, File No. 12-GPA-0236, is the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952, Attention: Alicia Giudice. NOW THEREFORE BE IT RESOLVED THAT: 1. The foregoing recitals are4rue;and correct and incorporated herein by reference. 2. Based on its review of the entire record herein, including the MND, the;Initial Study, all supporting, referenced and incorporated documents and all comments received, the V0 -Z- ATTACHMENT A Planning C'dmmission.fmds that there is no substantial evidence that the project as will have a significant effect on the environment, that the MND feflects the City's independent judgment and analysis, and that the MND,.Initial Study and supporting documents provide an adequate description of the impacts:of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. 3. The Planning Commission recommends to the City Council the adoption of the Mitigated Negative Declaration, a separately bound document on file with the City and incorporated herein by reference. 4. The Planning,Commission further recommends that the City Council adopt the Mitigation Monitoring Program attached as Exhibit A hereto and incorporated • herein by reference. l ATTACHMENT B Lynch Creek Plaza Prepared By: City of Petaluma 11 English Street Petaluma, CA 94952 4ctt 4. t k; :moo Iplkae 1 I85 $ May 9, 2013 °-1C1 CITY OF PETALUMA LYNCH CREEK.PLAZA. CEQA,ENVIRONMENTAL CHECKLIST Project Title: Lynch Creek Plaza GPA, Rezone, Site Plan and Architectural Review Lead agency name and address: 'Cityof Petaluma 11 English Street Petaluma, CA 94952 Contact person and phone Alicia Giudice, 707 778-4401 number: Project Location: McDowell Boulevard and Lynch Creek Way Project sponsor's name and Brownian Development -address: Jim Stephens 1556 Parkside Drive Walnut Creek, CA 94596 General plan designation: Business Professional Zoning: BP- Business Professional Description of project: (Describe. The project sponsor is proposing a General Plan Amendment, the whole action involved,. Rezone, and Site Plan and Architectural Review to develop the including but not limited to later property located at the'corner of McDowell Boulevard and Lynch phases of the project, and any Creek Way as a mixed used development. The project includes a secondary, support, or off-site: 14,500 square foot stand-alone retail building and a separate features necessary for its 7,500 square foot retail and:office building. The 14,500 square implementation.) foot stand along building,proposes drive-through services with a drive-through window proposed along the rear(southwest) side of the building. Loading and garbage facilities are proposed at the southeasterly side of the building where it fronts onto Lynch Creek Way. Landscaping includesa'perimeter landscaping as well as parking lot landscaping. A 10-foot wide landscape strip is proposed along McDowell Boulevard'directly adjacent to the roadway. A 16-footwide landscape strip is,proposed along the rear(southwesterly)property'boundary, Proposed landscaping within this strip includesa,row'of redwood trees as well as groundcover. This area is also proposed as a detention basin where all parking lot drainage will be directed and filtered prior to entering the City's storm drain. Surrounding land uses and The project site is surrounded by medical office/office uses to the setting; briefly describe the south and east; a hospital to the north'and a vacant mixed use to project's surroundings: the west(currently approved as Deer Creek Village). Other public agencies whose approval is required.(e.g. permits, financial`approval, or participation agreements): Page 2 of 46 May 2013 TABLE OF CONTENTS PAGE# 1. OVERVIEW AND BACKGROUND 4 1.1 PROJECT DESCRIPTION, 5 1.2 PROJECT LOCATION AND SETTING 5 1.3 ENVIRONMENTAL SETTING 7 2. ENVIRONMENTAL FACTORS POTENTAILLY AFFECTED 8 3. EVALUATION OF ENVIRONMENTAL IMPACTS 9 3.1 AESTHETICS 9 3.2 AGRICULTURAL RESOURCES 11 3.3 AIR QUALITY RESOURCES 13 3.4 BIOLOGICAL RESOURCES 16 3.5 CULTURAL RESOURCES 18 3.6 GEOLOGY AND SOILS 20 3.7 GREENHOUSE GAS EMISSIONS 23 3.8 HAZARDS AND HAZARDOUS MATERIALS 25 3.9 HYDROLOGY AND WATER QUALITY 27 3.10 LAND USE AND PLANNING 30 3.11 MINERAL RESOURCES 31 3.12 NOISE . 32 3.13 POPULATION AND HOUSING 34 3.14 PUBLIC SERVICES _ 35 3.15 RECREATION • .. . 36 3.16 TRANSPORTATION AND CIRCULATION 37 3.17 UTILITIES AND SERVICE SYSTEMS 42 3.18 MANDATORY FINDINGS OF SIGNANCE (CAL. PUB. RES. CODE§15065) 45 4. INFORMATIONAL RESOURCES 46 TABLE OF FIGURES PAGE# Figure 1: Existing GP Land Use.Designations 5 Figure 2: Site Aerial 5 Figure 3: Site Plan 6 LIST OF TABLES Table 1: Thresholds of Significance for Operation 14 Table 2: Summary of Peak Hour Intersection LOS 40 Page 3 of 46 May.1,2013 i 1 0 :271. 1. OVERVIEW AND BACKGROUND General Plan: The Petaluma General Plan 2025, adopted in 2008, serves the following purposes: • Reflects a commitment on the part of the City Council and their appointed representatives and staff to carry out the Plan; • Outlines a vision for Petaluma's long-range physical and economic development and resource conservation; enhances the true quality of life for all residents and visitors; recognizes that all human activity takes place within the limits of the natural environment; and reflects the aspirations of the community; • Provides strategies and specific implementing policies and programs that will allow this vision to be accomplished; • Establishes a basis for judging whether specific development proposals and public projects are in harmony with Plan policies and standards; • Allows City departments, other public agencies, and private developers to design projects that will enhance the character of the community, preserve and enhance critical environmental resources, and minimize impacts and hazards; and • Provides the basis for establishing and setting priorities for detailed plans and implementing programs, such as Development Codes, the Capital Improvement Program (CIP), facilities and Master Plans, redevelopment projects, and the Urban Growth Boundary (UGB). General Plan EIR: Because CEQA discourages "repetitive discussions of the same issues" (CEQA Guidelines section 15152(b)) and allows limiting discussion of a later project that is consistent with a prior plan to impacts which were not examined as significant effects in a prior EIR or significant effects which could be reduced by revisions in the later project. (CEQA Guidelines section 15152(d).) No additional benefit to the environment or public purpose would be served by preparing an EIR merely to restate the analysis and significant and unavoidable effects found to remain after adoption of all General Plan policies/mitigation measures. All General Plan policies adopted as mitigation apply to the subject Project. The impacts identified as significant and unavoidable in the General Plan are: • Increased motor vehicle traffic which would result in unacceptable level of service (LOS) at six intersections covered in the Master Plan: o McDowell Boulevard North/Corona Road, Lakeville Street/Caulfield Lane, Lakeville Street/East D Street, Petaluma Boulevard South/D Street, Sonoma Mt. Parkway/Ely Boulevard South/East Washington Street, and McDowell Boulevard North/Rainier Avenue • Traffic related noise at General Plan buildout, which would result in a substantial increase in existing exterior noise levels that are currently above City standards. • Cumulative noise from proposed resumption of freight and passenger rail operations and possible resumption of intra-city trolley service, which would increase noise impacts. • Air quality impacts resulting from General Plan buildout to population levels that could conflict with the Bay Area 2005 Ozone Strategy. (This regional air quality plan has since been replaced by the 2010 Clean Air Plan, discussed in the Initial Study Air Quality evaluation, Section 3.) • A possible cumulatively considerable incremental contribution from General Plan development to the significant impact of global climate change. The EIR reviewed all potentially significant environmental impacts and developed measures and policies to mitigate impacts. Nonetheless, significant and unavoidable impacts were determined to occur under the General Plan. Therefore, the City prepared and adopted a statement of overriding considerations, which provides the rationale on the ultimate balancing of the merits of approving the project despite the potential environmental impacts. This environmental document tiers off of the EIR and holds that all potentially significant environmental impacts identified under the GP EIR are "acceptable" and are hereby incorporated by reference. Page 4 of 46 t May 9,2013 '✓)v 1.1 PROJECT DESCRIPTION The project sponsor is proposing a General Plan Amendment, Rezone, and Site Plan and Architectural Review to develop the property located at the southwest corner of McDowell Boulevard and Lynch Creek Way as a mixed used development. The Lynch Creek Plaza Project proposes a 14,500 square foot stand-alone retail building and a separate 7,500 square foot retail and office building (Pad A), for a total onsite development of 22,000 square feet). The 14,500 square foot stand alone building is a Walgreen's pharmacy and proposes drive-through services with a drive-through prescription drop-off and pick-up window proposed along the rear (southwest) side of the building. Loading and garbage facilities are proposed at the southeasterly side of the building where it fronts onto Lynch Creek Way. Landscaping includes a perimeter landscaping as well as parking lot landscaping. A 10-foot wide landscape strip is proposed along McDowell Boulevard directly adjacent to the roadway. A 16-foot wide landscape strip is proposed along the rear (southwesterly) property boundary. Landscaping within this strip includes redwood trees and groundcover. This area is also proposed as a detention basin where all parking lot drainage will be directed and filtered prior to entering the City's storm drain. The project proposes to change the General Plan land use designation from Business Park to Mixed Use, to rezone the site from Business Park (BP) to Mixed Use 1B (MU 1 B), and requests Site Plan and Architectural Review for the proposed development and site layout. Figure 3 below, shows to the proposed Site Plan. 1.2 PROJECT LOCATION AND SETTING The project is located on Lynch Creek Way and N. McDowell Boulevard. The site occupies 2.15 acres on APN 007-380-007. Figures 1 and 2 below show that the property is surrounded by undeveloped mixed use to the west, and existing business park development to the south, east, and north. The mixed use lot, to the west of the site is currently undeveloped and has been approved for development of the Deer Creek Village Shopping Center. The surrounding business park land uses are occupied by medical offices adjacent to the project site and the Hospital, north of McDowell Boulevard. The proposed Pharmacy (Walgreens) would be a complimentary use to the existing businesses in the project area. Figure 1: Existing GP Land Use Designations Fi I ure 2: Site Aerial J 5. . .. d .P .r . _ NI 4fl 0pyy�Ky, y ,,, 1;9 , N,, ,'':*/,:f' • ' A c. ,,\_, v ..,. _ ,:,..,—,;,:,... . ..„--__ .__. 1 ar...• T •• . v �� * • ' / '� / .Z.� f MMM / ‘1 J Lynch Creek Plaza Project ---! A Business Park N Lynch Creek Plaza N Medium Density Residential Project Site ■ ___ Low Density Residential Mixed Use City Park Page 5 of 46 May 9,2013 \0 �2-2� Figure 3: Site Plan WOUND C \, A.rm m �..trx�, - ,' se: i',O�Ns. .7" `.. VALLEY /. „m. /�� HOSPITAL ..V4P, '''''''• Jr Api , ,..,,,t co ,, ,401 ._.t.4‘ - ,4 w., . ....... ■..---....„.....;,, 4 • 4.,tk—v- . --7:-.1,1 ' N■N\160: '.N "."117,1 / A ' c'."Ais• 0 :mm.-"w.... ' ';' -1..44/ .,:::4- .N .....,.. , ,1 . 4,. '✓ ��� ..a eo secs 's 'HI 0 „- 74 -qt.,.., �/ -N‹.-:.,,,„(c..:_s-k...„4„,,,,....: •4,4, .4 ,,•".,,,,, '. • , ....- , J i _ . / *to N...4 ---,7--....,- , #10, '' I - Project Summary of Center LAND AREA 93800 9F(.-)2.15 AC E (,,//\�\\ \,'v1�`��*, �,�Jt`rte° BUILDING AREA. 21,990 8F ��� .c RATIO: 31T/I •1 .j PARKING PROVIDED- 83 STALLS ;� • RATIO: 31�/1000 / 'i� ./ ammo � � rimer Page 6 of 46 O May 9,2013 •f 1.3 ENVIRONMENTAL SETTING Petaluma is located in southwestern Sonoma County along the 101 corridor approximately 15 miles south of Santa Rosa and 20 miles north of San Rafael. It is situated at the northernmost navigable end of the Petaluma River, a tidal estuary that drains into San Pablo Bay. The City originated along the banks of the Petaluma River, spreading outward over the floor of the Petaluma River Valley as the City developed. The Valley itself is defined by Sonoma Mountain on the northeast and by the hills extending northward from Burdell Mountain on the west. To the south is the Petaluma Marshlands and beyond, the San Francisco Bay. Petaluma's Urban Growth Boundary (UGB) defines the limits within which urban development may occur and encompasses approximately 9,911 acres. The UGB was implemented in 1998 and extends through 2025. The General Plan and EIR evaluated potential impacts associated with existing and proposed development within the UGB. The proposed Lynch Creek Plaza Project is within the City's UGB and is part of the North McDowell Boulevard Planning Subarea as identified in the City's 2025 General Plan. The project is a request for a General Plan Amendment and Zoning Amendment. The change from business park land use to the mixed use land use is consistent with the potential impacts evaluated under the 2025 General Plan, since the maximum FAR on business park is 3.0 and the maximum FAR on mixed use is 2.5. As such, the proposed amendments are largely in conformance with the land use impacts evaluated in the Petaluma General Plan 2025 ("General Plan") and its EIR, which was certified on April 7, 2008. The General Plan and its EIR are available for review at the City of Petaluma, 11 English Street, in the Community Development Department, and are also available online at http://cityofpetaluma.net/cdd/index.html. This Initial Study incorporates the analysis of the General Plan EIR and adds information regarding any environmental effects that are different in kind or degree from those studied in the General Plan EIR. No activities associated with the Lynch Creek Plaza Project create new or more severe significant impacts than those disclosed in the 2025 General Plan EIR. Page of 46 2 J ` May 9,,2013 3 — 2. ENVIRONMENTAL FACTORS POTENTAILLY AFFECTED The environmental factors below are discussed in this document. 1. Aesthetics 7. Greenhouse Gas 13. Population / Housing Emissions 2. Agricultural & 8. Hazards & Hazardous 14. Public Services Forestry Resources _ Materials 3. Air Quality 9. Hydrology/Water 15. Recreation Quality 4. Biological Resources 10. Land Use I Planning 16. Transportation /Traffic 5. Cultural Resources 11. Mineral Resources 17. Utilities/ Service Systems 6. Geology /Soils 12. Noise 18. Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been X made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier OR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. _ A Notice of Intent to adopt the proposed Mitigated Negative Declaration, which consists of the Mitigated Declaration, the attac ed Initial Study and all mitigation measures contained therein, will be prepared, distributed and posted for th-,p is omment period of May 9,2013 through May 28, 2013. ,kt fa- o "S /7//3 Signat e Date / /A-4 11L4' /4� 6 �d P/w,nW l 3 Signature Dat Page 8 of 46 May 9,2013 0 f 3� 3. EVALUATION OF ENVIRONMENTAL IMPACTS The following section addresses the potential level of impact relating to each aspect of the environment. 3.1 AESTHETICS Less Than Significant Less Potentially Impact with Than Would the Project: Significant Mitigation Significant No Impact Incorporated Impact Impact a) Have a substantial adverse effect on a scenic vista (which could be caused by blocking panoramic views), views of significant X landscape features, or landforms as seen from public viewing areas? _ b) Substantially damage scenic resources, including but not limited to, trees, rock X outcroppings, and historic buildings within view of a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its X surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or X nighttime views in the area? Sources: 2025 General Plan and EIR. Aesthetics Setting: Aesthetic and visual resources in the UGB include views of the Sonoma Mountains, hills, and agricultural land, to the northeast. Natural elements include the Petaluma River, its creeks and tributaries as well as important landscaping features such as trees, rock outcropping, and landforms. Elements of the built environment that can have important aesthetic value include historic buildings and historic districts. The project site is currently vacant and has been previously cleared of vegetation. It is located within a developed urban area surrounded by a mix of uses including medical offices and retail. There are no aesthetic resources on the project site. Aesthetics Impact Discussion: 3.1(a). Scenic Vistas— No Impact The property is located at the corner of Lynch Creek Way and McDowell Boulevard and surrounded by medical office buildings to the south and east, a mix of office buildings directly south, Petaluma Valley Hospital to the north and a vacant Deer Creek Development parcel, currently proposed as a mixed use development, to the west. There are no scenic vistas visible from nearby properties that will be affected by the proposed development. No impact would occur. 3.1(b). Scenic Resources- No Impact The site is not located within a state scenic highway, scenic corridor, landscape unit or a community separator (City of Petaluma General Plan Update 2008). In addition, the site does not contain rock outcroppings or historic buildings or trees that would be removed as part of this development. The applicant proposes installation of primarily native and drought tolerant trees throughout the site. In addition, the applicant proposes to install a row of redwood trees along the southwesterly property boundary. Therefore, the project will have no impact to scenic resources within view of scenic highway or corridor. Page 9 of 46 May 9,2013 O 3.1(c). Visual Character -Less than Significant Impact There are no structures, uses or landforms visible from off-site locations that define a particular visual character. However, the site is surrounded by mature landscaping associated with existing development on adjacent properties. This landscaping consists of a mix of trees including Redwoods that create a visual character. None of these existing trees will be removed as part of the subject undertaking. The project site is currently vacant and absent of vegetation including trees. Construction of 22,000 square feet of commercial/retail space will permanently change the site from a vacant to a developed site. The applicant is proposing to plant trees throughout to achieve screening of the proposed development. A row of redwoods is proposed within a 16-foot wide landscape strip along the southwesterly property boundary. These improvements will provide continuity with the existing landscaping on adjacent parcels and retain the visual character of the project vicinity. Therefore, impacts to the visual character of the site will be less than significant. 3.1(d). Light and Glare- Less than Significant Proposed project materials for both buildings consist of a mix of stucco siding with wood trim pieces. Window glazing is proposed on at least tree sides of both units. The buildings would be painted in earth-tone colors with brick accents. Glazing is proposed on both buildings, typical of a commercial district. An exterior lighting plan is required as part of the standard condition of approval and will be reviewed to assure that light and glare complies with City standards. The City of Petaluma Implementing Zoning Ordinance section 21.040.D defines direct glare as: "illumination visible at certain points of measurement caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding, or petroleum or metallurgical refining." Indirect glare is defined as: "illumination visible at the points of measurement specified in Section 21.020(B) caused by diffuse reflection from a surface such as a wall or roof of a structure." This section establishes standards for illumination and prohibits deliberately induced sky-reflected glare. The project is required to comply with these standards. Review and approval of the required exterior lighting plan will assure that impacts due to direct and indirect light and glare are less than significant. Therefore, potential impacts from light and glare associated with the proposed Lynch Creek Plaza project will be less than significant. Page 46 � May 9,,2 2011 3 3.2 AGRICULTURAL RESOURCES Less Than Significant Less Potentially Impact with Than Would the Project: Significant Mitigation Significant No Impact Incorporated Impact Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of statewide importance (Farmland), as shown on the maps prepared X pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural X use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland X (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or X conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature could result in conversion of Farmland, X to non-agricultural use or conversion of forest land to non-forest use? Sources: 2025 General Plan and EIR. Agricultural Setting: Agricultural lands are limited within the UGB and there are no identified forest lands within the City of Petaluma. Agricultural resources are prevalent outside of City limits and within the County of Sonoma. An impetus to the establishment of the UGB was to preserve natural resources, agricultural lands, and other open spaces. The project site is within the urban developed portion of the City and is not used for agriculture. Agricultural Resources Impact Discussion: 3.2 a), d) and e) Conversion of Prime, Unique, or Statewide Importance Farmland -No Impact The site is not located in designated Farmland (City of Petaluma General Plan Update). The property is located within the BP (Business and Professional) zoning designation, which currently allows development of the property with professional and medical office uses. Surrounding properties to the south and east are developed with medical and professional offices. To the north is the Petaluma Valley Hospital and to the west is a vacant property approved for development with a mix of retail and office uses (Deer Creek). Neither the project site nor surrounding sites are used or zoned for agricultural uses. The proposed project would not result in the conversion of existing farmland to non-agricultural use. Therefore, no impact will result. 3.2 b) Conflict with Zoning or Williamson Act contracts - No Impact The site is not zoned for agriculture, nor is it covered by a Williamson Act contract. Therefore, no impact would result. 3.2 c) Conversion of Forest Land — No Impact The project site is located in an urban area and is surrounded by urban development. Neither the project site nor its surroundings contain forest lands or timberlands. Therefore, no impact will result. Page 11 of46 May 9,2013 0- 36 Mitigation Measures: None required. Page 12 of 46 May 9.2013 1 0 �� 3.3 AIR QUALITY RESOURCES Less Than Where available, the significance criteria Significant Less established by the air quality management Potentially Impact with Than district may be relied upon to make the Significant Mitigation Significant No following determinations. Would the project: Impact Incorporated Impact Impact a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air X quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an X applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Exposure of sensitive receptors to substantial pollution concentrations (emissions X from direct, indirect, mobile and stationary sources)? e) Create objectionable odors affecting a X substantial number of people? Sources: 2025 General Plan and EIR; 2010 BAAQMD Clean Air Plan; URBEMIS 2007 version 9.2.4 Air Quality Setting: The City of Petaluma is located within the San Francisco Bay Area Air Basin, which is regulated by the Bay Area Air Quality Management District (BAAQMD). The Federal Clean Air Act and the California Clean Air Act establish national and state ambient air quality standards respectively. The BAAQMD is responsible for planning, implementing, and enforcing air quality standards within the Basin, including the City of Petaluma. The BAAQMD operates several air quality monitoring stations, the closest to the project site is located in downtown Santa Rosa at 5th Street, approximately 15 miles north of Petaluma. The Santa Rosa monitoring station records pollutant concentration levels for carbon monoxide (CO), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.5). Bay Area Air Quality Management District Regional air quality in Petaluma is regulated by the Bay Area Air Quality Management District (BAAQMD). The Bay Area Clean Air Plan (CAP) 2010 was prepared by the BAAQMD to reduce emissions from stationary, area, and mobile sources. The ultimate goal of the CAP is to protect air quality, protect public health, and protect the climate. When the CAP 2010 was developed, it utilized land use and growth projections from the City's General Plan as a guideline for future development in the City. One of the goals of CAP is to reduce vehicle emissions encouraging infill projects that provide opportunities for alternate modes of travel. Although the San Francisco Bay Area is considered one of the cleanest major metropolitan areas in the country with respect to air quality, the region as a whole does not comply with national and state ozone standards and national standards for particulate matter (PM2.5 and PM 10), the air pollutants of greatest concern in Petaluma. As a result, the San Francisco Bay region is considered to be in non-attainment status for ground-level ozone and particulate matter at both the State and federal levels. The Bay Area Air Basin is designated as non- attainment for both the one-hour and eight-hour state ozone standards; 0.09 parts per million (ppm) and 0.070 Page 13 of 46 Q May 9,2013 I V ppm, respectively. The Bay Area is also in non-attainment for the PM10 and PM2_5 state standards, which require an annual arithmetic mean (AAM) of less than 20 pg/m3 for PM10 and less than 12 pg/m3 for PM2.5. In addition, the Bay Area Basin is designated as non-attainment for the national 24-hour fine particulate matter (PM2.5) standard and will be required to prepare a State Implementation Plan (SIP) for PM2.5. The San Francisco Bay region is considered to be at attainment with all other criteria pollutants classified under State and Federal standards.' The BAAQMD adopted the Bay Area 2010 Clean Air Plan (CAP) in September 2010 to comply with state air quality planning requirements set forth in the California Health & Safety Code. The 2010 CAP serves to update the 2005 Ozone Strategy and provides control strategies to address air quality pollutants including ozone (03), Particulate Matter (PM), toxic air contaminants (TACs), and greenhouse gases (GHGs). Air quality within the Bay Area Air Basin is a combination of natural geographical and meteorological conditions as well as human activities such as construction and development, operation of vehicles, industry and manufacturing, and other anthropogenic emission sources. Air Quality Impact Discussion: 3.3(a). Conflict with Clean Air Plan - Less Than Significant The Bay Area Clean Air Plan (CAP) was prepared by the BAAQMD to establish a plan to reduce emissions and the amount of harmful pollutants from stationary, area, and mobile sources. The ultimate goal of the CAP is to protect air quality, protect public health, and protect the climate. When the CAP 2010 was developed, it utilized land use and growth projections consistent with those used in the City's General Plan. The project is an infill mixed use project that includes a retail pharmacy. Its location along a major transit corridor provides for public transit access via the existing route 2 along North McDowell Boulevard. The site plan proposes a bus stop with a bench and shelter at the project frontage along North McDowell Boulevard. Onsite improvements also provide for bicycle parking facilities along with employee showers. These improvements are consistent with the BAAQMD CAP because they create opportunities to utilize alternate modes of travel, and contribute to a reduction in vehicle emissions. Although the project requests a General Plan Amendment, the total area of building space proposed is consistent with what was anticipated in the General Plan. In addition, the proposed pharmacy will be located near medical offices and across the street from the Petaluma Valley Hospital. Standard conditions of project approval would require the project to implement the California Green Building Standards, which among other things, require that new buildings achieve energy efficiency beyond Title 24. As such, onsite development will be energy efficient and developed in a manner that is consistent with the air quality objectives of the regional air quality plan. Therefore, impacts on the Clean Air Plan will be less than significant. 3.3 (b - c)Violate Air Quality Standard or Cumulative Contribution in Criteria Pollutant. Less Than Significant Impact with Mitigation: BAAQMD updated its CEQA Guidelines, including new thresholds of significance in June of 2010 and revised the Guidelines in May of 2011. These guidelines include thresholds that are used in this Initial Study for analyzing air quality impacts from criteria pollutants, toxic air contaminants and greenhouse gas. Thresholds of Significance for criteria pollutants are provided in Table 1 below. Table 1 Thresholds of Significance for Operation Pollutant/Precursor Maximum Annual Emissions Average Daily Emissions (tpy) (lb/day) ROG 10 54 NOX 10 54 PM10 15 82 PM2.5 10 54 Source:Bay Area Air Quality Management District CEQA Guidelines May 2010,http/www baaqmd goy Notes:tpy=tons per year;lb/day=pounds per day;NOX=oxides of nitrogen; PM2.5=fine particulate matter with an aerodynamic resistance diameter of 2.5 micrometers or ICOess;PM10=respirable particulate matter with an aerodynamic ' "2010 Clean Air Plan," prepared by the Bay Area Air Quality Management District, September 2010. Page 14 of 46 1 Q J 4\ May 9,2013 4 resistance diameter of 10 micrometers or less;ROG=reactive organic gases:tpy=tons per year. Refer to Appendix D of BAAQMD CEQA guidelines for support documentation. In March 2012, the Alameda Superior Court ordered BAAQMD to undergo further CEQA analysis of the adopted Guidelines. However, the court did not reach the question of whether the thresholds or any of the scientific evidence that provided a basis for them was invalid. Therefore, the City has elected to use the BAAQMD thresholds of significance, which are based on substantial evidence. The studies supporting the BAAQMD thresholds can be viewed at http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Updated-CEQA-Guidelines.aspx Table 3-1 of the BAAQMD Guidelines identify screening level for criteria air pollutants and precursors and greenhouse gasses. This section focuses solely on criteria air pollutants and precursors. An analysis of the projects impacts on greenhouse gasses is provided under Section 8: Greenhouse Gas Emissions. If a project meets the screening criteria in Table 3-1(Criteria Air Pollutants and Precursors and GHG Screening level Sizes), the project would not result in generation of operational-related criteria air pollutants and or precursors that exceed the Thresholds of Significance shown on Table 1 and would be deemed to result in a less than significant impact. Given its mix of uses the project was categorized as a "strip mall" which has an operational screening size of 99,000 square feet and construction related screening size of 227,000 square feet. The proposed 22,000 square foot project is below these screening thresholds. The project does not involve the demolition of any existing buildings or structure and will be completed in one construction phase. In addition, the project would be required to implement the BAAQMD Basic Construction Mitigation Measures under Mitigation Measure AQ-1, below. Therefore, with implementation of mitigation measures construction and operation of the proposed project would result in a less-than-significant project and cumulative impact to air quality from criteria air pollutant and precursor emissions. 3.3(d). Expose Sensitive Receptors-Less Than Significant with Mitigation The Air Resources Board defines sensitive receptors as: children under 14, the elderly over 65, athletes, and people with cardiovascular and chronic respiratory diseases. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, daycare facilities, elder care facilities, elementary schools, and parks. The proposed 22,000 square foot project is a mixed use commercial center that is below the screening level criteria for criteria pollutants and precursor emissions. In addition the project would be required to implement the BAAQMD Basic Construction Mitigation Measure as part of Mitigation Measure AQ-1. Therefore, with implementation of AQ-1 the project would result in a less than significant air quality impact on sensitive receptors. 3.3(e). Objectionable Odors- No Impact The project is a mixed use commercial center. There are no objectionable odors associated with the proposed project. Therefore, no impact would result. Mitigation Measures: AQ-1. The applicant shall incorporate the Best Management Practices for construction into the construction and improvement plans and clearly indicate these provisions in the specifications. In addition an erosion control program shall be prepared and submitted to the City of Petaluma prior to any construction activity. BMPs shall include but not be limited to the BAAQMD Basic Construction Mitigation Measures as modified below: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. Page 15 of 46 May 9,2013 13'97j 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Construction equipment staging shall occur as far as possible from existing sensitive receptors. 9. The Developer shall designate a person with authority to require increased waterinq to monitor the dust and erosion control program and provide name and phone number to the City prior to issuance of grading permits. Post a publicly visible sign with the telephone number of designated person and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 3.4 BIOLOGICAL RESOURCES Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any X species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (formerly Fish and Game) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, X policies, and regulations or by the California Department of fish and Wildlife (formerly Fish and Game) or U.S. Fish and Wildlife service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, X but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological _ interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree X preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community X Conservation Plan, or other approved local, Page 16 of 46 May 9,2013 t 0 '- 3 regional or state habitat conservation plan? Sources: 2025 General Plan and EIR Figure 3.8-1: Habitat Areas and Special Status Species; Open Space Lands Map of the Petaluma General Plan: Figure 6-1. Biological Resources Setting: Biological resources are protected by statute including the Federal Endangered Species Act (FESA). the California Endangered Species Act (CESA), and the Clean Water Act (CWA). The Migratory Bird Treaty Act (MBTA) affords protection to migratory bird species including birds of prey. These regulations provide the legal protection for plant and animal species of concern and their habitat. As reported in the 2025 General Plan EIR several plant and animal species with special-status have been recorded or are suspected to occur within the Urban Growth Boundary of the City of Petaluma. A majority of these species are associated with the Petaluma River and its tributaries. The City of Petaluma Planning Area also contains species that are identified in the California Natural Diversity Database (CNDDB) due to rarity and threats, and are considered sensitive resources. Within the Urban Growth Boundary, biological resources are largely limited to the Petaluma River and its tributaries, which contain aquatic and riparian resources as well as wetland. The National Wetland inventory identifies fresh emergent wetlands in the southern portion of the Petaluma River and Northern coastal salt marsh wetland and brackish marsh wetland in the lower reaches of the Petaluma River. The Petaluma River Access and Enhancement Plan, prepared in 1996, contains policies and guidelines to protect these important biological resources. The project site is not located adjacent to the Petaluma River or its tributaries. Petaluma's Municipal Code, Chapter 17, addresses Tree Preservation and requires the preservation of existing tree in all development proposals (17.050). However, there are no trees on the project site. The groundcover consists of ruderal grasses and weeds common on vacant lots within the UGB. Biological Resources Impact Discussion: 3.4(a-c). Effects on Sensitive or Special Status Species, Riparian Habitat or other Sensitive Natural Community, or Federally Protected Wetlands—No Impact A biological reconnaissance was conducted and written report submitted by WRA, environmental consultants, on August 24, 2012. This report evaluated the project's potential to impact a total of forty-seven (47) special status plant species and fifty-nine (59) special status wildlife species. In addition, three wetland sample points were recorded and evaluated to determine potential for existence of jurisdictional wetland. This report concluded that based on field observations and site sampling and due to the location, topography, and site vegetation that: • the project site does not contain jurisdictional wetlands or non-wetland waters, • the project site does not contain sensitive vegetation communities, and • special status plant and wildlife species were unlikely to occur on the project site. Development of the proposed Lynch Creek Plaza Project has a low probability of affecting any special status species as the project site is void of suitable habitat. Thus, the project would have no impact to candidate, sensitive, or special status species. The project site does not contain wetland or riparian habitat, nor are there sensitive natural communities on the project site. Thus, the project would have no impact to the state or federally protected habitats. As mentioned above, there are no trees currently onsite. Thus, the project would have no impact to protected tree species. Therefore, the project would have no impact to biological resources due to project development. 3.4(d). Migratory Birds-Less Than Significant Impact with Mitigation The project site is located in an urban area and is surrounded by urban development. Although special status wildlife species do not have the potential to occupy the project site, the WRA report concluded that ground- nesting birds covered under the Migratory Bird Treaty Act have the potential to nest within the project site. Page 17 of 46 May 9,2013 l D-q4 This would result in potentially significant impacts during construction related activities. Implementation of Mitigation Measure B10-1; below, would reduce this impact to less than significant levels. 3.4 (e-f) Conflict with Policies, Ordinances or Habitat Conservation Plan— No Impact The project site is a relatively flat lot void of any vegetation other than ruderal grasses as discussed in the WRA report. There are no existing on site trees that will require removal as part of this project. There are no Habitat Conservation Plan, Natural Community Conservation Plan, or other regional, or state habitat conservation plan that exists for Petaluma, which would regulate the proposed development on this parcel. Therefore, there would be no impacts to protected land would occur. Mitigation Measures: BIO-1 Prior to any grading activity conducted between February 1st and August 31st, the applicant shall conduct pre-construction breeding bird surveys no more than 14 days prior to start of work. If active nests are found, exclusion zones of a distance appropriate for the species shall be established (usually 50 to 100 feet). No work shall occur within the exclusion zones until all young have become independent of the nest. If no vegetation or ground cover removal is proposed during the nesting period, no surveys are required. 3.5 CULTURAL RESOURCES Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Cause a substantial adverse change in the significance of a historical resource as defined X in CEQA Guidelines Section 15064.5? b) Cause a substantial adverse change in the X significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5? c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? Sources: Petaluma General Plan 2025 Chapter 3: Historic Preservation; and 2025 GP EIR. Cultural Resources Setting: Historic resources are central to Petaluma culture and contribute greatly to the aesthetic quality and character of the City. During prehistoric times, drawn by the fertile soils and abundant wildlife, the Coast Miwok Indians settled in the Petaluma River Valley_ European settlement began in the 1800s and increased after the discovery of gold. The California Historical Resources Information System identifies a number of Native American archaeological resources sites and historic era cultural resources within the UGB. Petaluma contains 3 Historic Districts (Oakhill-Brewster, Downtown, and A-Street Historic Districts) located in the southwest portion of the City's UBG. The Historic Preservation Chapter of the General Plan includes policies and programs to protect the City's historic and cultural resources throughout the City. The proposed Project is located within an urbanized area of the UGB. The project site is vacant but appears to be have been previously grubbed and graded. Cultural resources are not anticipated to be located on the project site. Page 18 of 46 May 9,2013 Cultural Resources Impact Discussion: 3.5(a and c). Affect Historical and Paleontological Resource— No Impact The project site consists of vacant land. Based on past cultural resource surveys prepared for other nearby projects the potential for historic or paleontological resources existing on the site is unlikely as there are no buildings onsite and the project is not located in an area suspected of containing paleontological resources. Therefore, the project would have no impact to historical or paleontological resources. 3.5 (b). Affect Historical and Paleontological Resource— Less Than Significant Impact The City of Petaluma has a rich archeological history due to the presence of the Coast Miwok Indians during prehistoric times. As such, undisturbed lands within the Urban Growth Boundary, particularly lands in the vicinity of ridgetops, midslope terraces, alluvial flats, ecotones, and sources of water have a greater possibility of encountering a prehistoric archaeological resource. Based on Cultural resources studies prepared for other nearby projects, it is unlikely that archeological/historical remains are located on the project site. Nonetheless, there is always the potential for discovery of archaeological artifacts during grading and excavating activities. In the event that covered cultural resources are unburied, implementation of Mitigation Measure CUL-1 below, would assure that potential impacts to cultural resources are avoided. Therefore, there would be a less than significant to cultural resources. 3.5. (d). Disturb Human Remains-Less than Significant Impact with Mitigation Based on Cultural resources studies prepared for other nearby projects, it is unlikely that human remains exist on the project site. Nonetheless, there is always the potential for discovery of human remains during grading and excavating activities, which could result in potentially significant impacts. In the event that human remains are discovered during excavation of the site or during any stage of construction, all requirements of state law shall be complied with, including requirements that the county Coroner and the Native American Heritage Commission be contacted to arrange for Native American participation in determining the disposition of such remains should they be determined to be Native American. With implementation of Mitigation Measure CUL- 2, which requires appropriate measures to be taken in the event of discovery, the project would result in a less than significant impact to cultural resources. Mitigation Measures: CUL-1. In the event that any cultural resources are uncovered during earthmoving activities, all construction excavation activities shall be suspended for a period to be determined by a City-approved archaeologist to allow for adequate inspection, recommendation and retrieval, if appropriate. CUL-2. In the event that human remains are uncovered during earthmoving activities, all construction excavation activities shall be suspended and the following measures shall be undertaken: a. The Sonoma County Coroner shall be contacted. b. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. c. The project sponsor shall retain a City-approved qualified archaeologist to provide adequate inspection, recommendations and retrieval, if appropriate. d. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American, and shall contact such descendant in accordance with state law. e. The project sponsor shall be responsible for ensuring that human remains and associated grave goods are reburied with appropriate dignity at a place and process suitable to the most likely descendent. Page 19 of 46 t May 9,2013 3.6 GEOLOGY AND SOILS Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued X by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Publication 42) ii. Strong Seismic ground shaking? X iii. Seismic-related ground failure, including X liquefaction? iv. Landslides? X b) Result in substantial erosion or the loss of X topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a X result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code X (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers X are not available for the disposal of wastewater? Sources: Petaluma General Plan 2025: Chapter 10.1 Natural Hazards, and Figures 3.7-2 (Local Geology), 3.7-4 (Ground Shaking Intensity), 3.7-5 (Geological Hazards). Geology and Soils Setting The City of Petaluma lies within a seismically active region. It is in California Building Code (CBC) Seismic Zone 4, and as such new development is required to meet the most stringent CBC standards. Geologic hazards within the City of Petaluma are largely related to seismic ground shaking and associated effects such as liquefaction, ground failure, and seismically induced landslides. Principal faults in the vicinity of Petaluma are capable of generating large earthquakes that could produce strong to violent ground shaking. The Rodgers Creek Fault is located less than 5 miles to the northeast. Although branches of the Rodgers Creek closest to the City are not historically active (within the last 200 years), they do show evidence of activity during the last 11,000 years, which is a relatively short time in terms of geologic activity. Expansive soils and soil erosion are also of concern within the City of Petaluma. Expansive soil materials occur in the substrate of the clays and clayey foams in the City and represent a potential geologic hazard. Without proper geotechnical considerations, buildings, utilities and roads can be damaged by expansive soils due to the gradual cracking, settling, and weakening of older buildings. These effects create safety concerns and risk of financial loss. To reduce the risks associated with expansive soils, the City's Building Code, Chapter 18, requires that each construction site, intended for human occupancy, that is suspected of Page 20 of 46 p O May 9,2013 containing expansive soils be investigated and the soils be treated to eliminate the hazard. Geology and Soils Impact Discussion: 3.6 (a. i.). Fault Rupture-No Impact The Alquist-Priolo Earthquake Fault Zoning Act of 1972 established restrictions on development within the Special Study Zone. The act further prohibits any structure intended for human occupancy to be constructed over an active fault. The project site is not located within an Alquist-Priolo Earthquake fault zone. The nearest known active faults are the Rodgers Creek Fault located approximately 5 miles east of the site and the San Andreas Fault located approximately 15 miles to the west of the site. There are no known active faults that cross the project site. Therefore, the project would have no impact from any known Alquist-Priolo Earthquake Fault zones. 3.6 (a.ii-iii). Seismic Shaking and Liquefaction-Less Than Significant As is the case throughout the City's UGB, development of the subject project has the potential to expose people or structures to substantial adverse effects from strong seismic ground shaking. The project site is located within zone IX-Violent of the Mercalli Intensity Shaking Severity Level. In the event of a magnitude 7.1 earthquake, the site and the City of Petaluma could experience severe groundshaking that could damage buildings, structures, infrastructure and result in the risk of loss of life or property. The Petaluma area is within the seismically active North Bay/North Coast region of California, and is subject to seismically induced ground shaking from nearby and distant faults. According to the USGS, the primary source of damage from earthquakes is structural damage resulting from ground shaking. Soil type can have an impact on intensity of ground-shaking. For this area of Petaluma, the USGS has classified soils as Type D, which has a tendency to amplify shaking. Conformance with standards set forth in the Building Code of Regulations, Title 24, Part 2 (the California Building Code 3.7-20 Chapter 3: Setting, Impacts, and Mitigation Measures [CBC]) and the California Public Resources Code, Division 2, Chapter 7.8 (the Seismic Hazards Mapping Act) will assure that potential impacts from seismic shaking are less than significant levels. Based on review of the project site and Section 1613, "Earthquake Load," the CBC parameters for a Site Class D shall be utilized to assure that potential impacts are less than significant levels. Site D requirements include recommendations for foundation types, appropriate structural systems, and ground stabilization strategies. The geotechnical report prepared by Moore Twining Associates on September 10, 2012, found that special foundation types would not be necessary for this site and that potential for lateral spreading caused by liquefaction is considered low. However, due to the proximity of the site to active faults, the project could be exposed to potential secondary hazards related to ground shaking and liquefaction. The project will require building permit review and, through that process, implementation of design elements necessary to address design to accommodate seismic hazards will be incorporated. Such improvement will be specified in construction level geotechnical analysis are likely to include removal and/or re-compaction of foundation soils, dewatering of subsurface soils, and seismic design requirements for structures as specified in the CBC. As such, impacts due to seismic activity and liquefaction will be less than significant and no further mitigation is required. 3.6 (a.iv). Landslides- No Impact There is no evidence of historic landslides onsite or in the project vicinity. The potential for landslides on the project site is low because the site is flat. Therefore, the project will have no impacts to due to hazard associated with landslides and no mitigation is required. 3.6 (b). Soil Erosion-Less than Significant with Mitigation Incorporation The project site is a relatively level lot and void of slopes and hillsides. Soil erosion during ground disturbing activities has the potential to occur without construction control measures such as best management practices. Soil erosion can be reduced to less than significant levels with implementation of erosion control measures. Mitigation Measures GEO-1 and GEO-2, set forth below, require the applicant to submit an Erosion Control Plan that identifies erosion control measures to be implemented during construction and limits grading activity during the raining season. Implementation of these measures would reduce any effects from erosion and loss of topsoil to a less than significant level. Page 21 of 46 — ii May 9,2013 3.6 (c-d). Unstable or expansive soils- Less than Significant with Mitigation Incorporation According to the geotechnical report, soils on the property consist of Clear Lake clay soils, which are poorly drained. It is anticipated that these soils are near the surface and extend to depths ranging between 3 to 10 feet below grade. These near surface soils have a high to very high expansion potential, thereby resulting in potentially significant impacts to new foundations and structures. However, implementation of Mitigation Measures GEO-3 and GEO-4, set forth below, would assure that site preparation is conducted in manner consistent with the requirements necessary to accommodate the expansive potential of soils onsite. These measures will assure that potential impacts due to expansive soils are reduced to less than significant levels. 3.6 (e). Sewer and Wastewater Disposal-No Impact City sewer lines currently serve the area surrounding the project site and have sufficient capacity to serve the wastewater disposal needs of this project. Therefore, no impacts due to septic tanks or alternative sewer disposal systems would result. Mitigation Measures: GEO-1. Prior to issuance of a grading permit, an erosion control plan along with grading and drainage plans shall be submitted to the City Engineer for review. These plans shall detail erosion control measures such as site watering, sediment capture, equipment staging and laydown pad, and other erosion control measures to be implemented during construction activity on the project site. GEO-2.All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma's Subdivision Ordinance (#1046, Title 20, Chapter 20.04 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance #1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code). GEO-3 Prior To Submittal of Improvement Plans, the applicant shall submit an updated geotechnical report that identifies performance of supplemental exploration, defines the amount of expansive or week soils to be removed from the site, the amount and make up of engineered fill to be replaced, and specific recommendations for private and public improvements. GEO-4 As deemed appropriate by the City Engineer and/or Chief Building Official, all recommendations as outlined in the Moore Twining Associates on September 10, 2012 shall be required. Measures that address expansive soils include the following: 1. The soils report shall address site specific soil conditions (i.e. highly expansive soils) and include final recommendations for site preparation and grading; foundation and soil engineering design; pavement design, utilities, roads, bridges and structures in accordance with Chapter 18 of the City's Building Code. 2. Expansive soils shall be moisture conditioned for their full depth so as to cause pre-swelling prior to casting of slabs. 3. Foundation Design shall incorporate the following: • The use of deepened foundations continuous around the perimeter of the buildings to reduce the potential for water intrusion under slabs. • Native subgrade soils shall be moisture conditions to reduce the potential for future heave and to maintain moisture content in the clay subgrade soils below the imported soils. Page22of46 tQ May9,2013 ` L l 3.7 GREENHOUSE GAS EMISSIONS Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Generate greenhouse gas emissions, either X directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing X the emissions of greenhouse gases? Sources: Petaluma General Plan 2025 and EIR; BAAQMD 2010 Clean Air Plan; and GHG Emissions Report, prepared by Illingworth and Rodkin, September 6, 2012. Greenhouse Gas Setting: Greenhouse gas emissions are a cumulative issue in that project-level greenhouse gas (GHG) emissions do not directly produce local or regional impacts, but may contribute cumulatively to an impact on global climate change. Individual projects contribute relatively small amounts of GHGs associated with construction activities and operation. GHG emissions are typically a result of the combustion of fossil fuels and/or industrial and agricultural processes. To address GHG's at the State level, the California legislature passed Assembly Bill 32 in 2006, which requires that statewide GHG emissions be reduced to 1990 levels by 2020. Senate Bill 375 has also been adopted, which seeks to curb GHGs by reducing urban sprawl and vehicle miles traveled. The City of Petaluma has also taken steps to address GHG emissions within City limits. The City adopted Resolutions 2002-117 and 2005-118 (both incorporated herein by reference), which call for the City's participation in the Cities for Climate Project effort and established GHG emission reduction targets of 25% below 1990 level by 2015 for community emissions and 20% below 2000 levels by 2010 for municipal operations, respectively. In addition, the City of Petaluma is currently preparing a Climate Action Plan in partnership with the County and other local jurisdictions. This effort will implement General Plan Policy 4-P- 27. General Plan Policy 2-P-90, which calls for the City to "work with regional and other agencies to create a new rail transit station near Corona Road with high-intensity, transit-oriented development. . ." is also being pursued. The light rail effort is estimated to take more than 1.4 million car trips off Highway 101 annually and reduce greenhouse gases, which contribute to global warming, by at least 124,000 pounds per day. In November 2010, the City adopted an update to the California Building Standards Code, which contains the mandatory California Green Building Code (CalGreen). All new development within the City of Petaluma must comply with these standards. As such, new development is expected to be more energy efficient, use less resources and emit fewer GHGs. Greenhouse Gas Emissions Impact Discussion: 3.7(a). Generate Greenhouse Gas Emissions-Less than Significant In 2011, the BAAQMD established greenhouse gas thresholds for new land development projects. The thresholds are based on either compliance with qualified GHG reduction strategy or annual operational emissions of less than 1,100 metric tons per year of CO2e (carbon dioxide equivalent). Thresholds are defined in terms of carbon dioxide equivalents because it accounts for emissions from various greenhouse gases based on their global warming potential. Page 23 46 M V—5D May y 2 9,2011 3