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Home My WebLink AboutStaff Report Item 5.A 9/9/2013 - Attachment 10 Part 2 In evaluating whether a project would have a potential for reaching or exceeding the thresholds the District established screening criteria based on development type. These criteria were derived using default assumptions as well as of modeling for indirect emissions (electric generation, solid waste, water use). Projects below the screening size were deemed to not reach or exceed 1,100 metric tons of CO2e. Given its mix of uses, the proposed project was categorized as a strip mall for air quality modeling purposes, which has a screening size of 19;000 square feet. The size of the project, which has a combined total of 22,000 square feet, puts it above the screening thresholds and therefore project operational emissions of GHGs need to be quantified. On September 6, 2012, the project applicant submitted a greenhouse gas emissions report prepared by Illingworth and Rodkin. This report evaluated the potential for impacts to greenhouse gasses from the proposed development including impacts resulting from the proposed drive-through component of the Walgreens pharmacy. According to the report the project would have the potential to generate 419 metric tons of greenhouse gases. The report concluded that the proposed mixed-use project would not result in a significant contribution to greenhouse gas emissions. In addition, the report concluded that the proposed drive-through did not represent a significant impact to greenhouses gases because the drive-through facility would not generate enough traffic to pose a substantial increase in CO2e. Additionally, the applicant proposes to install a sign directing users not to idle and to turn off ignitions during pickups. Therefore, the proposed project, with drive through window, would not individually result in a potential increase in greenhouse gas emissions and a less than significant impact would result. However, as described below in discussion 3.7b, the drive-through window is in direct conflict with General Plan Policy 4-P-12. As such, mitigation measure GHG-1, set forth below, requires that the drive-through window be eliminated. GHG emissions generated by the proposed project are below the screening level threshold, thus impact will be less than significant. In addition to assuring that the proposed project does not conflict with the General Plan, GHG-1 will further minimize GHG emissions generated by idling on the project site. Thus, the project's contribution of GHG's emissions would be well below levels of significance. 3.7 (b) Conflict with an Applicable Plan, Policy or Regulation-Less Than Significant with Mitigation The City of Petaluma General Plan 2025 incorporates policies that were intended to directly and indirectly reduce greenhouse gas emissions. At the time of adoption the City relied on the General Plan EIR for guidance on policies that related to air quality and greenhouse gases. The EIR included Table A-1, which identifies a list of "Applicable Policies from the General Plan that Reduce Greenhouse Gas Emissions." Included in this list is General Plan Policy 4-P-12 (listed as 4-P-8 in the EIR) which prohibits new drive- through food and service facilities as a measure intended to reduce greenhouse gas emissions. The proposed project is a mixed-use project that includes a multi-tenant building and a stand-alone pharmacy building with a proposed drive-through service. The drive-through component conflicts with General Plan policy 4-P-12 and would therefore result in a potentially significant impact. Implementation of Mitigation Measure GHG-1, requiring the elimination of the drive-through component would reduce this impact to less than significant. With mitigation the project would result in a less than significant impact on policies adopted for the purposes of reducing greenhouse gas emissions. Mitigation Measure: 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. Page 24 of 46 May 9,2013 1,(0-51 3.8 HAZARDS AND HAZARDOUS MATERIALS Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Create a significant hazard to the public or the environment through the routine transport, X use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site that is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as X a result, would create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport of X public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety X hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response X plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to X urbanized areas or where residences are intermixed with wildlands? Sources: Petaluma General Plan 2025 and EIR. Hazardous Material Setting: Regulations related to hazardous materials and waste are implemented by a number of governmental agencies that have established regulations regarding the proper transportation, handling, management, use, storage, and disposal of hazardous materials for specific operations and activities. Pursuant to the Planning and Zoning Law, the Department of Toxic Substances Control (DTSC) maintains a hazardous-waste and substances sites list (Cortese List). There are no Cortese sites within the City of Petaluma, including the project site. Hazardous waste management in Petaluma is administered by the Sonoma County Waste Management Agency through the Countywide Integrated Waste Management Plan. Page 25 of 46 May 9,2013 1 D-52- Hazards/Hazardous Materials Impact Discussion: 3.8 (a-b). Routine Transport, Use, Disposal or Accidental Release - Less Than Significant The Sonoma County Department of Health Services manages the Medical Waste Program. This program created by the state of California establishes standards for safe handling, transport, and disposal of medical waste and pharmaceutical waste. The proposed pharmacy is regulated by the Sonoma County Department of Health Services and subject to permit requirements as deemed appropriate by the County. The permit requirements would include a medical waste management plan, compliance with the Medical Waste Management Act, and proper storage and signage, for example, consistent with state standards established within the Medical Waste Management Act of the California Health and Safety Code, Division 101, part 14, Chapters 1-11. As such any impacts related to disposal of hazardous materials will be less than significant. The Walgreens Pharmacy will be required to prepare and submit a Hazardous Material Business Plan pursuant to the California Health and Safety Code 6.95 when using or storing chemicals over the state threshold, which is 55 gallons of liquid, 22 cubic feet of gas, or 500 pound of a solid. Compliance with the California Environmental Reporting System (CERS) will assure that potential impacts due to the storage of hazardous materials onsite are reduced to levels below significance. During construction, the applicant will be subject to existing standard Federal and State safety regulations related to the transport, use, handling, storage, and/or disposal of potentially hazardous substances. Additionally, the applicant will be required to file for and receive a hazardous materials storage permits from the City of Petaluma Fire Marshal prior to any construction activities involving storage of chemicals or hazardous materials on-site. As a requirement of NPDES and pursuant to General Plan Policy 8-P-38, a Stormwater Pollution Prevention Plan (SWPPP) that will include specific Best Management Practices (BMPs) related to hazardous materials, such as inspections and controls to avoid spills and leaks from construction equipment using diesel fuels, antifreeze, gasoline and motor oils, will be implemented during construction. 3.8 (c). Emit Hazardous Emissions within One-Quarter Mile of School - No Impact The project is a mixed retail/commercial development. The project does not propose the release of hazardous emissions. Therefore, no impact would result. 3.8 (d). Development on a Hazardous Material Site - No Impact The site is not included on the list of hazardous materials sites compiled pursuant to Government Code 65962.5. Therefore, no impact would result. 3.8 (e-f). Create Safety Hazards Near a Public or Private Airport - No Impact The project site is located within the Sonoma County Comprehensive Airport Land Use Plan Study Area. Exhibit 4D of the report identifies traffic patterns are generally to the north of the airport and away and do not overlap the project site. The proposed project is located approximately 1.5 mile south of the airport. The project does not propose uses or structures that would interfere with the existing airport traffic patterns. Therefore, no impact would result. 3.8 (g). Interfere with an Emergency Response Plan — Less Than Significant Impact The proposed project is located within the 4-minute response radii of Fire Station 1, 2, and 3 (see General Plan Figure 3.4-2) The proposed project will not interfere with any adopted emergency response or evacuation plans. The Petaluma Fire Department and Police Department have reviewed the proposed plans and have determined that adequate access would be provided. Therefore, impacts due to emergency access would be less than significant. 3.9 (h). Expose People or Structures to Wildland Fires— No Impact The site is located within an urbanized area and it is not in a high-risk area for wildland fires. Therefore, the project has limited hazards due to risk of wildland fires no impact would result from project development. Mitigation Measures: None required. Page 26 of 46 May 9,2013 l 0 -5 3 3.9 HYDROLOGY AND WATER QUALITY Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Violate any water quality standards or waste X discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local X groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern on the site or area, including through the alteration of the course of a stream or river, X in a manner that would result in substantial erosion or siltation on or off-site? d) Substantially alter the existing drainage pattern on the site or area, including through the alteration of the course of a stream or X substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide X substantial additional sources of polluted runoff? f) Otherwise substantially degrade water X quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood X Hazard Boundary or Flood Insurance Rate Map L or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood X flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, X including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X Sources: Petaluma General Plan 2025 and EIR. Hydrology and Water Quality Setting: The Petaluma River is the primary watercourse within the City of Petaluma and the Petaluma watershed (an area of approximately 46 square miles). The Petaluma River is tidally influenced and flows in a southeast direction into San Pablo Bay. The Petaluma River is used for recreational boating and water sports as well as long-standing river-dependent industrial operations. The United States Army Corps of Engineers (USACE) Page 46 M n" May y 9,20113 dredges the river on a four-year cycle to maintain navigability for commercial shipping. In order to ensure continued dredging services from the USAGE, there must be an "economically justifiable" tonnage of commercial products moved on the river, as determined by the USACE. Section 402 of the Clean Water Act regulates the discharge of pollutants to waters of the US. The National Pollution Discharge Elimination System (NPDES) General Permit Requirements apply to grading, grubbing, and other ground disturbance activities. Construction activities on more than one acre are subject to NPDES permitting requirements including, the preparation of a Storm Water Pollution Prevention Plan (SWPPP). Low Impact Development (LID) requirements establish limitations on the storm water runoff emanating from development sites. New development is required to mimic pre-developed conditions, protect water quality, and retain runoff from impervious surfaces onsite. Achieving these conditions generally avoids the need for upsizing of storm drain systems. As further described below, the subject project proposed to retain all excess runoff onsite and incorporates design measures to limit impervious sources and allow for filtration, thereby reducing runoff and pollutants. The City is under contract with the Sonoma County Water Agency (SCWA) for its water supply. Under the SCWA contract, the city is entitled to 13,400 acre-feet per year. The City also operates local wells throughout the City to extract groundwater, which is occasionally used to supplement the City's water demand during peak demand and emergency needs. In addition, the City has completed construction of the Ellis Creek Water Recycling Facility (WRF), which provides tertiary level recycled water that can be used for parks, playgrounds, schoolyards, golf courses, crops, and residential landscaping. The project would receive its water supply through the City of Petaluma via a combination of SCWA contracted water, ground water/well water, recycled water, and implementation of water conservation measures incorporated into the project. Existing onsite drainage for the immediate area is collected through an underground storm drain system and connects to the City's existing storm drain system at Lynch Creek Way and McDowell Boulevard. Hydrology and Water Quality Impact Discussion: 3.9 (a and f). Violate Water Quality Standards— Less than Significant Impact A Preliminary Hydrology and Drainage analysis was prepared by RSC Engineering. This report along with the applicants proposed plans identify on-site runoff to be discharged into a 60-foot long vegetated swale. The swale would be 1 foot deep with the capacity to handle 0.20 cubic feet per second (cfs), which is more than what is required for this site. In addition the applicant would be required to comply with Best Management Practices for erosion control during construction as standard conditions of approval. Per City of Petaluma Phase II storm water permit requirements, the project development will be required to prepare a Storm Water Mitigation Plan (SWMP) that sets forth Best Management Practices (BMP) in order to reduce pollutants in storm water, preserve water quality standards, and adhere to waste discharge requirements. These source controls are designed to keep pollutants out of storm water and include minimizing impervious surfaces, signage at catch basins that the system drains to a creek, low water demanding landscaping palette, smart control irrigation that maximized water to root zone and avoids overwatering or excessive watering, and reducing sediment runoff by replanting with sufficient ground cover. In addition, the project will require the preparation of a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. With these standard conditions and compliance with NPDES discharge requirements, the subject project will have less than significant impacts to hydrology and water quality. 3.9 (b) Deplete Groundwater Supplies or Interfere with Recharge - Less than Significant Impact The City is under contract with the Sonoma County Water Agency to received potable water supplies. SCWA water can be supplemented with the City's existing groundwater wells. The project's water demands are consistent with water demands evaluated in the 2010 UWMP, which found sufficient water supplies are available to meet existing and planned future development within the UGB. Water supply and distribution is deemed to be adequate to accommodate the project without the need to use groundwater supply. In addition, the applicant would be required to comply with the City's water conservation ordinance as a standard condition of approval for the project. Therefore, the project would have a less than significant impact on groundwater supplies. Page 28 2 tn —SS May 9,20113 3.9 (c-e). Substantially alter Drainage or Exceed Existing Capacity - Less Than Significant The applicant has submitted a Preliminary Hydrology and Drainage Analysis, which concludes that an increase of 1 cfs 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, drain pipe 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. Therefore drainage impacts would be less than significant. 3.9 (g-i). Expose people or structures to flooding - No Impact The site is not located in a designated flood zone per the current effective Flood Insurance Rate Maps (FIRMS) dated December 2, 2008, Community Panel Number 06097C 0894E. Additionally, the site is not located in a designated flood zone on the draft FIRMS, which are currently being updated by the City of Petaluma and FEMA. The draft maps are currently scheduled to become effective in Fall of 2013. The project would not site people or structures within a designated 100-year flood hazard area. Therefore, there would be no impact due to risk of damage or loss due to flooding. 3.9 (j). Inundation by seiche,tsunami, or mudflow - No Impact The site is not located near a large water body that would be a source of a seiche or tsunami, nor in an area subject to a mudflow. Therefore, no impact would result. Mitigation Measures: None required. Page 29 of 46 May 9.2013 D `50 3.10 LAND USE AND PLANNING Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Physically divide an established community? X b) 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 X coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? Sources: 2025 General Plan Land Use and EIR. Figure 3.1-2 Planning Subareas. Land Use and Planning Setting: The City's land uses within the Urban Growth Boundary include residential, commercial. industrial, agricultural, open space and public lands. Land Use and Planning Impact Discussion: 3.10 (a). Physically Divide an Established Community - No Impact The project site is located along the McDowell Boulevard commercial corridor. Nearby uses are a mix of medical and professional office and retail uses. Across North McDowell Boulevard to the north, is the Petaluma Valley Hospital. To the west is a vacant lot that has received entitlement permits for a mix use retail and office development (Deer Creek Village). Other development in the project vicinity includes a mix of residential developments at various densities. The proposed request for General Plan Amendment, Zoning Amendment and Site Plan and Architectural Review would allow construction of a mixed-use project. As proposed the project is consistent with the existing and approved development in the project vicinity. The Lynch Creek Plaza Project would have no impacts due to dividing an established community. 3.10 (b). Conflict with Plan, Policy, or Regulation - Less Than Significant with Mitigation Incorporation In 2008 the City adopted the General Plan update —City of Petaluma General Plan 2025. Section 4.2 of the General Plan discusses air quality within the City identifies sensitive receptor and establishes a goal to "Improve air quality and meet all Federal and State ambient air quality standards and goals by reducing the generation of air pollutants from stationary and mobile sources." The General Plan also identifies 12 policies intended to implement this goal. Policy 4-P-12 states that the City will: "Prohibit new drive-thru food and service facilities with the exception of vehicle serving businesses, such as car wash and oil/tube, and limit expansion of the drive-thru components of existing facilities which increase idling vehicles." This policy is intended to reduce the overall contribution of fossil fuels by reducing vehicle idling within the City and address Greenhouse Gasses. The project as proposed includes a pharmacy building with a drive-up window. The proposed drive-up window conflicts with this land use policy, thereby resulting in a potentially significant impact. Mitigation Measure GHG-1, requiring the applicant to revise the proposed plans to eliminate the drive-through window would reduce this impact to less than significant. Page 30 46 ` Q -4- 1 May 9,2011 3 ! J 3.10 (c). Conflict with any applicable habitat conservation plan —No Impact The project is not located within a habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. There are no conservation plans that apply to the UBG. Therefore no impact would result Mitigation Measures: None required. 3.11 MINERAL RESOURCES Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Result in the loss of availability of a known mineral resource that would be of value to the X _region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site X delineated on a local general plan, specific plan or other land use plan? Sources: 2025 General Plan Land Use and EIR. Mineral Resources Impact Discussion: 3.11(a-b). Result in loss of Mineral Resources — No Impact No mineral resources are known to exist at the project site, and no mining activities are known to have occurred in the past at this location. Therefore, there is no impact to mineral resources that will result from project development. Mitigation Measures: None required. Page 31 of 46 k SS May 9,2013 3.12 NOISE Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Exposure of persons to or generation of noise levels in excess of standards established X in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or X _groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels X existing without the project? d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity X above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or X public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people X residing or working in the project area to excessive noise levels? Sources: Petaluma General Plan 2025 and EIR. Noise Setting: Noise sources within the City's Urban Growth Boundary include vehicular traffic, trains and industrial activities such as mechanical equipment and refrigeration units. Freight train service through Petaluma is currently irregular, and thus does not constitute a significant noise source, In the future, the addition of SMART service will contribute to noise levels within the UGB. The Department of Health guidelines indicate that residential land uses and other noise sensitive uses would generally be acceptable without special noise insulation requirements in areas where exterior ambient noise levels do not exceed approximately 60 dBA (CNEL). Residential uses in areas with Ldn between 60 and 65 dBA would generally be acceptable with noise reduction measures or insulation. Per Section 21.040.A.3.a of the City's Implementing Zoning Ordinance, noise generating construction activities are limited to the hours of 7:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. For daily operational noise, the Implementing Zoning Ordinance (Section 21.040 4 A) generally establishes an hourly average level of 60 dBA as the maximum that may be generated on one land use that would be affecting another land use, and the allowable levels are adjusted to account for the ambient noise levels an d in no case shall the maximum allowed threshold exceed 75dB after adjustments are made. Page 32 of 46 O May 9,2013 J l Noise Impact Discussion: 3.12(a). Exposure to Excessive Noise—Less Than Significant Impact with Mitigation The City of Petaluma General Plan 2025 has identified McDowell Boulevard as one of the major arterials within the City with substantial noise levels that are generated by traffic along that arterial. Figure 10-1 of the General Plan demonstrates that portions of the project site are located within the 70 dbCNEL noise contour of the McDowell Boulevard. The applicant submitted a Noise Study, prepared by Illingworth and Rodkin (September 17, 2012). The study finds noise levels to be 69 dBA within 50 feet of the roadway centerline. Because the proposed project is a mixed use retail project and not considered a more sensitive commercial use, exterior noise levels of up to 70 dBA would be considered acceptable. The proposed project includes a proposed General Plan Land Use amendment as well as a Zoning amendment from Business Professional (BP) to Mixed Use (MU1B). These proposed amendments would allow a mix of office and retail uses on the project site, where only office is currently permitted. The proposed amendment would restrict the first 50 feet of tenant space to retail type of commercial uses, since retail uses tolerate higher noise exposures than office uses. This restriction has been incorporated as Mitigation Measure Noise-1. Implementation of Mitigation Measure Noise-1 would reduce potentially significant impacts from noise, to a less than significant level. 3.12 (b). Exposure of persons to groundborne vibration or groundborne noise— Less Than Significant The proposed project is a Mixed Use project that would not generate groundborne vibration or noise that would expose people to excessive noise levels. Construction activities would result in temporary noise disturbances, including groundborne vibration during site grading and development from the operation of heavy-duty construction equipment and delivery of construction material. Construction related noise impacts are typically temporarily intrusive and cease once construction is complete. The City's Noise Ordinance establishes standard regulations, including limits on time and days of the week when construction may occur, to reduce the temporary noise impacts associated with construction. Compliance with the City's Noise Ordinance will assure that noise impacts from excessive groundborne vibration or noise levels are less than significant. 3.12 (c). Substantial Permanent Increase in Ambient Noise — Less than Significant Impact The proposed project is a Mixed Use development that would allow both retail and office uses onsite, with no unusual characteristics that would cause unexpected noise. There would be no substantial increase in ambient noise levels associated with the project operations. Therefore the impact is less than significant. 3.12 (d). Substantial Temporary Increase in Ambient Noise— Less than Significant with Mitigation During construction activities there would be a temporary, short-term increase in noise levels due to site clearing, grading, roadway paving, building construction, and finishing work. The City of Petaluma establishes temporary construction noise standards through Section 21.040.A.3.a of the City's Implementing Zoning Ordinance. This section states that noise generating construction activities are limited to the hours of 7:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. The City of Petaluma enforces this ordinance as a standard practice and through conditions of project approval. In addition, the Noise Study prepared by Illingworth and Rodkin recommends additional mitigation measures that would need to be implemented to reduce construction related noise impacts to less than significant. These mitigation measures are included below as Mitigation Measures Noise-2 through Noise-7. Implementation of these measures would reduce potentially significant temporary noise impacts to less than significant levels. 3.12 (e-f). Projects Near a Public or Private Airport— No Impact The project site is located within the Sonoma County Comprehensive Airport Land Use Plan. The site is located approximately one mile southwest of the Petaluma Municipal Airport and well outside of the noise contours generated by the Petaluma Airport. Therefore, noise from airport operation would have no impact to onsite development. Page 33 of 46 /,�/ ° May9,2013 Ui Mitigation Measures: Noise-1: In order to achieve indoor and outdoor noise standards for office uses, any office use onsite shall be prohibited within 50 feet of North McDowell Boulevard. Noise-2: Construction hours shall be limited to the hours of lam and 10pm Monday through Friday and 9am to 10 pm on weekends and holidays. Noise-3: All construction equipment powered by internal combustion engines shall be properly muffled and maintained in good working condition. Equipment shall be turned off when not in use. Noise-4: Locate stationary noise-generating equipment and construction staging areas as far as feasible from sensitive receptors when sensitive receptors adjoin or are near a construction area. Noise-5: Limit idling duration of internal combustion engines to fewer than 5 minutes. Noise-6: PRIOR TO ISSUANCE OF A BUILDING/GRADING PERMIT, the project sponsor shall designate a "Construction Liaison" who would be responsible for responding to any local complaints about construction noise. The Liaison shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall take prompt action to correct the problem. This designated person shall have his/her name and phone number conspicuously posted on the site prior to all site work activities. Noise-7: Prior to any construction activity, the applicant shall hold a preconstruction meeting with the job inspectors and the general contractor/on-site project manager to confirm that noise mitigation and practices (including construction hours, construction schedule and noise coordinator) are completed. 3.13 POPULATION AND HOUSING Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Induce substantial growth in an area either directly (for example, by proposing new homes X and businesses) or indirectly (e.g. through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing units, necessitating the construction of X replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement X housing elsewhere? Sources: 2025 General Plan and EIR; City of Petaluma 2009-2014 Housing Element. Population and Housing Setting The 2025 General Plan proposes development that would increase commercial/retail square footage by 2.87 million square feet and office by 2.68 million square feet relative to 2005 conditions. The proposed project consists of a 22,000 square foot project. Page 34 of 46 May 9,2013 l�l Population and Housing Impact Discussion: 3.13(a). Induce Substantial Population Growth— No Impact The proposed project would include the development of 22,000 square feet of commercial space within the urban growth boundary. The project would utilize the existing city street network and would receive water and sewer from the City of Petaluma. Police and Fire service would also be provided by the City of Petaluma. The project site was identified as potential commercial development site in the 2025 General Plan. The proposed amendment would not change the maximum FAR expected for this site. The proposed development would generate new jobs, however, those jobs are expected to benefit existing residents of the City of Petaluma. Therefore, there would be no impacts due to substantial population growth resulting from the subject project. 3.13 (b-c). Displace People or Housing - No Impact The property is a vacant lot and consists of construction of 22,000 square feet of mixed use commercial. There are no existing people or housing currently occupying the project site. Therefore, no impacts would result that would displace people or housing. Mitigation Measures: None required. 3.14 PUBLIC SERVICES Less Than Would the project result in substantial adverse Significant Less physical impacts associated with the provision Potentially Impact with Than of new or physically altered governmental Significant Mitigation Significant No facilities, need for new or physically altered Impact Incorporated Impact Impact governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? X b) Police protection? X c) Schools? X d) Parks or other recreational facilities? X e) Other public facilities? X Sources: 2025 General Plan and El R. Public Services Setting: The City charges one-time impact fees on new private development in order to offset the cost of improving or expanding City facilities. Impact fees are used to fund the construction or expansion of needed capital improvements. Petaluma collects impact fees for open space, parkland, and others. Development impact fees are necessary in order to finance required public facilities and service improvements and to pay for new development's fair share of the costs of the required public facilities and service improvements. Public Services Impact Discussion: 3.14 (a-b). Impacts to Fire and Police Protection - Less Than Significant Impact Fire and Police Page 35 of 46 May9,2013 lO Fire Protection is provided by the City of Petaluma Fire Department. The department employs 58 staff, which covers an area of 160 square miles (including areas of southern Sonoma County). The project would not result in the need for additional staff or fire protection facilities. The City of Petaluma Police Department is the agency responsible for providing police service to this site and to surrounding area. The department maintains a force of 94 police officers, which cover an area of about 14 square miles. The proposed project is not expected to significantly increase the need for police service. Standard conditions of project approval require the applicant to pay all development impact fees applicable to a commercial development project, including fire suppression facilities and law enforcement facilities impact fees. These funds will offset the impacts to fire and police protection services and assure that impacts are less than significant. 3.14(c-d). Impacts to Schools and Parks— No Impact Schools There are approximately 7,400 students being served by the Petaluma School District. The school district uses a variety of funding sources to maintain school facilities and expand and/or construct new facilities when needed. One of those sources includes Development Fees charged for new residential and commercial construction. Although the project is not expected to impact school capacity, payment of school development fees will be required at the time of building permit submittal. Therefore, the project will have no impact schools. Parks There are currently approximately 1,400 acres of park space within the City of Petaluma, including a mix of city owned parks, joint use parks, and open space lands. The proposed project is not expected to result in the need for additional park space. In addition, the payment of Development Impact Fees will assure that any increased use of parks are offset. Therefore, the project will have no impact to park facilities. 3.14 (e). Impacts to Other Public Services - Less Than Significant Overall, the cumulative and incremental impacts of this project on public facilities and services have been addressed by the General Plan and Implementing Zoning Ordinance and incorporated into the long-range services and facilities plans. The project would not have any impact to other public services. Furthermore, the requirement for the payment of development impacts fees would offset any impacts to public services due to increased usage and demands. Therefore, with the payment of Development Impact Fees, the project would have a less than significant impact on other Public Services. Mitigation Measures: None required. 3.15 RECREATION Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational X facilities, which might have an adverse physical effect on the environment? Sources: 2025 General Plan: Figure 6-1 Parks and Open Space; and EIR. Page 36 of 46 l —0. 5 May 9,2013 V lIJ Recreation Setting: The public parks and recreational opportunities within the UGB accommodate a wide range of uses and encompass nearly 1,400 acres. Activities offered at parks and open spaces include both active and passive recreation. Park land development and open space acquisition impact fees are required and help to mitigate any potential impacts of the project on parks and open space. Recreation Impact Discussion: 3.15 (a-b). Increase Use of Existing Facilities or Generate the Need for New Facilities- No Impact The proposed commercial development is not expected to generate increase the use of existing neighborhood and regional parks or other recreational facilities. No new park facilities are being proposed or will be required as part of this development. Therefore, no impact to recreational parks and amenities will result from the subject project. Mitigation Measures: None required. 3.16 TRANSPORTATION AND CIRCULATION Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel X and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards X established by the county congestion management agency for designated roads or highways? c) Result in a change in air patterns, including either an increase in traffic levels or a change X in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or X dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs supporting alternative transportation X (e.g. bus turnouts, bicycle racks)? Sources: 2025 General Plan and El R. GP Figure 5-1. Traffic Study Prepared By GHD Inc. May 9, 146 t ,^-/ /. May 9,2013 (� �(f�t Transportation and Circulation Setting: The City of Petaluma is bisected by U.S. 101, which serves as the primary route between San Francisco and Marin and Sonoma Counties. U.S. 101 accommodates over 90,000 vehicles per day within Petaluma. The circulation system within the City of Petaluma consists of approximately 140 miles of streets including, arterials, collectors, connectors, and local streets. The City's Traffic Impact Study Guidelines are based on industry standards and indicate that a traffic study is warranted if a project is anticipated to create either 500 trips per day or 50 trips per peak am, pm or midday hour. If a project falls within 10% of these thresholds or there are other traffic operations or safety considerations, the City may exercise discretion in whether or not to require a project specific traffic study. Generally a grocery/specialty market development of 10,000 square feet or more is required to prepare a traffic impact analysis. Additionally, the proposed Lynch Creek Plaza is adjacent to the recently entitled Deer Creek Plaza Shopping Center as well as an existing hospital and other facilities on North McDowell Boulevard. As such; a project specific traffic study has been prepared to evaluate potential impact associated with development of the subject project. Transportation and Circulation Impact Discussion: 3.16(a-b). Substantial Increase in Traffic or Exceed a LOS - Less Than Significant with Mitigation This project consists of a General Plan Amendment to allow development of a mixed-use project, which includes a 14,500 square foot drive-through pharmacy and a 7,500 square foot building to be located at N. McDowell Boulevard and Lynch Creek Way. A traffic study was prepared in March 2013, to determine the project's contribution to traffic on project area intersections. The traffic study selected the following intersections due to the project's potential to impact those intersections from project-generated traffic: Old Redwood Highway/North McDowell Boulevard Corona Road/North McDowell Boulevard Rainier Avenue/North McDowell Boulevard Professional Drive/North McDowell Boulevard Lynch Creek Way/North McDowell Boulevard East Washington Street/North McDowell Boulevard East Washington Street/US 101 Northbound Ramps East Washington Street/US 101 Southbound Ramps The traffic study concluded that the proposed project would not result in a significant contribution to existing and future traffic delays as described below. The generally accepted threshold of significance for intersection LOS is D or above. However, the City Engineer has determined that LOS E and F are conditionally acceptable. Existing Plus Proiect As shown in Table 3 of the Traffic Study all study intersections will continue to operate at acceptable levels with the exception of the following intersection: Westbound approach of the currently unsignalized Professional Drive and North McDowell Boulevard intersection which currently operates at a Level of Service (LOS) F (average delay times of more than 50 seconds per vehicle) and will continue to operate at a LOS F (average delay times of more than 50 seconds per vehicle) with the proposes project. As such, this intersection operates at unacceptable levels of service. The project will contribute to delays at this intersection (average delay increase of 80.2 seconds). The project in and of itself would contribute approximately 47 trips to this intersection during the PM peak hour traffic. The project's level of contribution, approximately 1.95% of the total entering traffic, does not generate a traffic signal warrant at this location. However, as described below, the adjacent approved Deer Creek Shopping Center results in a traffic signal warrant at this location, which will improve LOS once operational. All other project area intersections currently operate at acceptable levels of service D or better. Page 38 46 0 / 5 May 9,2011 3 �(f Existing plus Pipeline plusproject conditions Existing plus Pipeline plus project conditions evaluates the potential traffic impacts that are expected to occur by adding traffic from the proposed project in addition to traffic from existing and approved but not yet developed projects in vicinity. Pipeline assumptions include the U.S. 101/East Washington Street Interchange Improvements Project and construction of the recently approved Deer Creek Village project and associated roadway improvements. Based on the analysis of "pipeline" projects, the signal warrants for the intersection of Professional Drive and North McDowell Boulevard would be met with the development of the Deer Creek Project, which proposed the use of the intersection as a primary entrance. The traffic study assumes the signalization will be in place under pipeline conditions. All intersections will operate at acceptable levels under pipeline plus project conditions, except the two intersections described below. Corona/N. McDowell Blvd. is expected to operate unacceptably at a LOS F. However, project generated trips (31 trips) at this intersection result in an average delay increase of 1.4 seconds or 1.5 percent of the existing plus pipeline delay. The project's share of the total traffic entering the intersection is 0.657 percent. Thus, the project contribution is minimal and impacts would be less than significant. E. Washington /N. McDowell Blvd. would operate at LOS E under existing plus pipeline and existing plus pipeline plus project. However, project related delays at this intersection contribute 38 trips, resulting in an average delay increase of 2.7 seconds or 3.89% of the existing plus pipeline delay. The project's share of the total traffic entering the intersection is 0.628 percent. Thus, the project's contribution is minimal and impacts would be less than significant. The above intersections were evaluated under the Deer Creek Village EIR and were 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, project's share of traffic at these intersections is less than 1 percent. Cumulative Plus Project Under the Cumulative Plus Project conditions all intersections are expected to operate the same as under cumulative conditions, see Table 11 below. All intersections operate at acceptable levels except the two shown below: Corona/N. McDowell Blvd. is expected to operate at a LOS E under cumulative and cumulative plus project conditions, which has been determined by the City Engineer to be conditionally acceptable. Project generated trips at this intersection result in an average delay of less than 1 second. The project would contribute approximately 14 trips to this intersection during the PM peak hour traffic. This represents approximately 0.318 percent of the total traffic entering this intersection. Thus, the project's contribution would be minimal and impacts less than significant. Rainier Avenue/N. McDowell Blvd. is expected to operate at LOS F under cumulative and cumulative plus project conditions. As noted LOS F has been determined by the City Engineer to be conditionally acceptable. Project generated trips at this intersection would result in an average delay of 1.9 seconds or increase in delay by 1.02%. The project would contribute approximately 26 trips to this intersection during the PM peak hour traffic. This represents approximately 0.498 percent of the total traffic entering this intersection. Thus, the project's contribution to deteriorating LOS is minimal and impacts would be less than significant. 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. In both cases, the project's contribution to delays at these intersection are minimal and impacts would be less than significant. Page 39 of 46 /'� (_/„ May 9,2013 v �!(� Table 2: Summary of Peak Hour Intersection LOS Intersection (Existing Existing Existing Existing Cumulative 'Cumulative Conditions (plus Project plus plus Conditions plus Conditions Pipeline Pipeline Project Conditions plus Project Conditions Conditions p.m.Peak p.m.Peak p.m.Peak p.m.Peak p.m.Peak p.m.Peak Approach Delay/LOS Delay/LOS Delay/LOS Delay/LOS Delay/LOS ,Delay/LOS 1. Old Redwood Highway/North McDowell Boulevard 36.4/D 36.7/0 49.7/D 50.0/D 45.9/D 46.0/D 2. Corona Road/North McDowell Boulevard 42.9/D 42.6/D >80/F >80/F 73.8/E 73.81E 3. Rainier Avenue/North McDowell Boulevard 12.1/B 12.2/B 31.9/C 31.6/C >80/F >80/F 4. Professional Drive/North McDowell Boulevard Westbound Approach) >50.0/F >50.0/F Southbound LeiRdurrr 11.7/B 12.1/B Signalized 28.8/C 29.2/C 31.2/C 43.9/C 5. Lynch Creek Way/N McDowell Boulevard 8.9/A 10.6/B 11.9/B 13.3/B 11.8/B 15.5/B 6. East Washington Street/North McDowell Boulevard 50.110 52.2/D 68.8/E 89.5/E 40.210 40.8/D 7. East Washington Street/U.S.101 NB Ramps 17.4/B 17.4/B 15.3/B 15.5/B 9.8/A 9.9/A 8. East Washington Street/U.S.101 SB Ramps 21.4/C 21.6/C 35.8/D 36.2/0 18.4/B 18.4/B Notes: !lifts=results for minor movements at unsignahzed ntersections Bold=results exceed acceptable level of service Results are indicated in Delay(average seconds per vetiic a LOS(Level of Service) 10001434410031 44 Lynch Creek Plaza Source: Traffic Impact Analysis Report, March 2013, GHD Onsite Parking A total of 83 parking spaces are proposed for this development where 73 spaces are required by Section 11.060 of the Implementing Zoning Ordinance (IZO). In addition, 10 bicycle parking are provided as required by Section 11.090 of the IZO. Therefore, sufficient parking is proposed and the project would have no impact due to inadequate parking capacity. Overall Traffic Impacts The project in and of itself does not warrant traffic signals nor contribute to substantial LOS delays. The project's contribution to traffic levels at intersections 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. Page 40 of 46 9 O l/., May 9.2013 l (0 1 Traffic Impacts During Construction Temporary construction related impacts on traffic will occur during development of the project. Implementation of Mitigation Measure Circ-1 below would reduce this temporary impact associated with construction traffic to less than significant levels. 3.16 (c) Impacts on Air Traffic— No Impact The project is not associated with an airport site and would not require new air traffic routes. Therefore, no impact would result. 3.16 (d). Increase Traffic Hazards - No Impact The project does not include design features that could be considered hazardous. Site access provides for sufficient line of sight and no project features are proposed that would obscure visibility. Project landscaping provides smaller sized shrubs and groundcover adjacent to site access in order to assure visibility. Therefore, no impact would result from increased traffic hazards. 3.16 (e). Emergency Access - No Impact The project proposes an access driveway at McDowell Boulevard and at Lynch Creek Way. The City of Petaluma Fire Department has reviewed proposed driveways and interior circulation and had determined that adequate turning radius is proposed for maneuvering of fire safety equipment. No other changes to project area roadways are proposed, and there would be no conflict with the existing emergency access in the project area. Therefore, no impact would result. 3.16 (g). Alternate Transportation - No Impact The application proposes a total of 10 bicycle parking spaces as required by the IZO. A 10-foot wide sidewalk is proposed along N. McDowell Boulevard and would connect to the existing sidewalk along Lynch Creek Way. A class I bike lane is proposed along McDowell Boulevard at the property frontage. Petaluma Transit (PT) maintains 9 bus routes connecting to each other at different locations throughout the City. Bus service to the project site would be provided by PT Route 2. In addition, connections can be made with Sonoma County Transit Routes 44 and 48 and with Golden Gate Transit Routes 72, 80 and 101 (including the express bus service) at the project frontage. The project frontage is a common transit stop and connecter due to its proximity to Petaluma Valley Hospital. A new bus shelter is proposed along McDowell Boulevard. The proposed driveway at McDowell Boulevard would not interfere with existing bus routes. The project will not result in a conflict with any adopted policies, plans, or programs supporting alternative transportation. Therefore, no impacts would result. Mitigation Measures: Circ-1. Prior to any site work, the contractor shall provide a Traffic Control Plan that, at a minimum, addresses ingress and egress, haul route, flagging, and maintenance of the road and identifies a staging area. The plan shall be reviewed and approved by the Chief of Police and City Engineer prior to the start of any site work. Page 41 of 46 May 9,2013 \O -Cob 3.17 UTILITIES AND SERVICE SYSTEMS Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact incorporated _ Impact Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality X Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or X expansion of existing facilities, the construction of which could cause significant environmental effects? - c) Require or result in the construction of new storm water drainage facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve X the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal, state, and local statutes X and regulations related to solid waste? Sources: 2025 GP and EIR; Water Resource and Conservation 2010 UWMP; and Sonoma County Water Agency 2010 UWMP. Utilities and Service Systems Settings: The City charges one-time impact fees on new private development in order to offset the cost of improving or expanding City facilities to accommodate the project. Impact fees are used to help fund the construction or expansion of needed capital improvements. Petaluma collects impact fees for open space, park land, traffic impact, wastewater, water capacity, storm drain, public art, and others. As a project located within a developed area of the UGB, the subject site is well served by existing public utilities and will not require substantial infrastructure costs or enhancement to serve the proposed development. Water Service System The City's water supply is sourced from the Russian River Water System and supplemented with local groundwater. Water from the Russian River Water System is obtained via the Petaluma Aqueduct through a contract with the Sonoma County Water Agency (SCWA). The City's Water Resource and Conservation Department(WR&C) provides municipal water service to approximately 60,000 customers and therefore must comply with the Urban Water Management Plan Act, which requires the preparation of an Urban Water Management Plan (UWMP) every five years. The most recent UWMP prepared for the WR&C was completed for the 2010 cycle and was adopted on June 6, 2011. Page 42 of 46 May9,2013 t0 The City's 2010 Urban Water Management Plan (UWMP) updates information from General Plan 2025 background and environmental documents and extended the term of water demand analysis through 2035. The 2010 UWMP was determined to be consistent with the General Plan 2025. The UWMP includes a water supply/demand analysis based on population trends and land uses set forth in the 2025 General Plan, the City's existing water supply contract with the Sonoma County Water Agency (SCWA), and planned City water recycling and water conservation programs. SCWA adopted its 2010 Urban Water Management Plan (Brown & Caldwell June 2011) on June 21, 2011. The SCWA holds water right permits for the diversion of surface water from the Russian River with a limit of 75,000 acre-feet per year. Instream flow requirements have also been established to protect fish and wildlife species (Decisions 1610) and recreation. Based on regional water supply availability, the SCWA expects to able to increase annual water deliveries to Petaluma from approximately 7,200 acre-feet in 2010 to 11,400 acre-feet by 2035. SCWA Based on the evaluation of future Russian River supply including, minimum instream flow requirements, SCWA expects to obtain water rights approvals necessary to increase its total diversions above 75,000 ac- ft/yr by 2027 and to 80,000 ac-ft/yr by 2035. This assumption is based on the most likely outcome of decisions by regulatory agencies and implementation of the Restructured Agreement (Executed in 2006) and proposed improvements to the water delivery system. To assure that the City of Petaluma has sufficient water supplies to meet increased water demand, the General Plan requires routine monitoring of water supplies against actual use and evaluation for each new development project (GP Policy 8-P-4). Wastewater Treatment Ellis Creek Water Recycling Facility treats all wastewater generated by the City of Petaluma and unincorporated Sonoma County community of Pengrove. The collection system is comprised of more than 190 miles of underground piping and nine (9) pump stations. The Facility's treatment capacity is about 6.7 million gallons per day (average dry weather flow). The facility treats approximately 5 million gallons per day. As such there is sufficient capacity to treat additional wastewater. During the summer, recycled water is introduced to the City's recycled water system and is used for irrigation of 800 acres of agricultural lands, two golf courses, and a vineyard. In the winter, secondary treated wastewater is conveyed to the Petaluma River. Storm Drains Within the City of Petaluma storm drains convey runoff from impervious surfaces such as streets, sidewalks, and buildings to gutters that drain to creeks and the Petaluma River and ultimately the San Pablo Bay. This water is untreated and carries with it any contaminants picked up along the way such as solvents, oils, fuels and sediment. The City has implemented a storm drain labeling program to provide a visual reminder that storm drains are for rain water only. The City's Stormwater Management and Pollution Control Ordinance, set forth in Chapter 15.8 of the City's Municipal Code, establishes the standard requirements and controls on the storm drain system. All existing and proposed development must adhere to the City's Stormwater Management and Pollution Control Ordinance. Utilities and Service Systems Impact Discussion: 3.17 (a and e). Wastewater - No Impact The project is served by the Ellis Creek Wastewater Recycling facility, which cleans wastewater and produces over 700 million gallons of tertiary treated water per year. The proposed mixed-use project would generate wastewater similar to that of the designated land use, Business Park, which was accounted for in the 2025 General Plan. The project will not require construction of new facilities or expansion of existing facilities and would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. Therefore, not impacts to wastewater facilities will result from the proposed project. Page 43 of 46 May 9,2013 Y O 1 a 3.17 (b and d). Water Facilities— Less Than Significant Impact The City of Petaluma General Plan 2025 water demand and supply analysis showed that sufficient water would be available for long range development through 2025, given the total estimated future population, land use, and estimated water demand, the City's existing water supply contract with the Sonoma County Water Agency (SCWA), and planned City water recycling and water conservation programs and moderate use of groundwater to meet increases in potable water demand. Additionally, a standard conditions of project approval require that the project comply with the City's Water Conservation Ordinance for interior and exterior water usage. Therefore, no impact to water facilities would occur from project development. 3.17(c) Stormwater Drainage Facilities— Less Than Significant Impact The project proposes to direct stormwater to a 16-foot wide landscape area. 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 system. A Preliminary Hydrology and Drainage Analysis was prepared by RSC Engineering on September 11, 2012. This analysis concluded that 10-year peak flow runoff would increase from 1.8 to 2.8 cfs after development of the project site. Therefore, the project would have to detain a total of 1 cfs of to maintain existing peak flows. Detention would be through a 150-foot 24-inch wide pipe that will drain into a junction manhole. Peak flows would be regulated through an orifice and weir structure. The project will be required to provide these storm drainage improvements and connect to the City of Petaluma storm drain system. Therefore, the project will result in a less than significant impact. 3.17 (f-g) Solid Waste— Less Than Significant Impact The City is currently under contract with Petaluma Refuse and Recycling for solid waste disposal and recycling services. This company provides canisters for waste, green (plant waste) materials, and recycling. Solid waste is picked up and trucked to the Sonoma County landfill sites. The project would be supplied with the same solid waste and recycling opportunities through the County's existing waste management system via the City's solid waste service provider. Although the project would generate additional solid waste, it is not expected to exceed landfill capacity and is not expected to result in violations of federal, state, and local statutes and regulations related to solid waste. Therefore, a less then significant impact would occur. Mitigation Measures: None required. Page 44 of 46 �� I May 9,2013 1 3.18 MANDATORY FINDINGS OF SIGNANCE (CAL. PUB. RES. CODE §15065) Less Than Significant Less Potentially Impact with Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife X population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? (i.e., incremental effects of a project are considerable when viewed in X connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?_ c) Does the project have environmental effects, which will cause substantial adverse effects on X human beings, either directly or indirectly? Mandatory Findings Discussion: 3.18(a). Mandatory Findings - Less Than Significant The project will not degrade the quality of the environment, reduce habitat, or affect cultural resources. Therefore, the project would have a less than significant due to the degradation of the environment. 3.18(b). Mandatory Findings - Less Than Significant with Mitigation The project is located within the UGB and is largely conforming to the development potential that was considered as part of the General Plan and analyzed in the EIR. Although the project requires a Land Use Amendment, the project as mitigated is consistent with the General Plan Land Use and goals, policies and programs. The project will contribute to the cumulative impacts identified in the City's GP EIR including LOS E and F, as well as emissions of Greenhouse Gases. However, the project contribution is limited and incorporates design features that minimize cumulative impacts and requires mitigation that reduces potential impacts to levels below significance. Therefore, with implementation of mitigation measure, the project's cumulative impacts will be less than significant. 3.18(c). Mandatory Findings - Less Than Significant with Mitigation With implementation of mitigation measures set forth herein, such as BMP for erosion control, and construction activities to limit temporary impact to air quality and noise, the project will have no substantial adverse impacts to environmental resources. There are no direct or indirect effects that would adversely impact human beings onsite or in the project vicinity with mitigation including those measures set forth in Sections 3.3, 3.6 and 3.12. Therefore, with mitigation as outlined above, the project will have less than significant impacts due to substantial adverse environmental effects. Page 45 of 46 May9,2013 1 4. INFORMATIONAL RESOURCES General Plan and Zoning Ordinance General Plan Chapter 1. Land Use, T General Plan Chapter 7. Community Growth Management, & the Built Facilities, Services & Education Environment General Plan Chapter 2. Community General Plan Chapter 8. Water Design, Character, &Green Building Resources General Plan Chapter 3. Historic General Plan Chapter 9. Economic Preservation Health & Sustainability General Plan Chapter 4. The Natural General Plan Chapter 10. Health & Environment Safety General Plan Chapter 5. Mobility General Plan Chapter 11. Housing General Plan Chapter 6. Recreation, Implementing Zoning Ordinance/ Music, Parks, &the Arts Maps Other Sources of Information Petaluma UWMP Published geological maps SCWA UWMP General Plan 2025 EIR FEMA Flood Insurance Rate Maps Technical Appendices: The following resources were prepared in order to further identify project specific parameters. Copies of these technical documents are incorporated herein by reference and available for review during normal business hours at the City of Petaluma, 11 English Street, in the Community Development Department. 1. Bay Area Air Quality Management, http://www.baagmd.gov 2. Bay Area Air Quality Management District, Air Quality Guidelines, Updated May 2011 3. Biological Reconnaissance, WRA Environmental Consultants, August 24, 2012 4. City Of Petaluma General Plan 2025 5. City Of Petaluma General Plan Draft EIR, 2025 6. City Of Petaluma Implementing Zoning Ordinance 7. Environmental Noise Assessment, Illingworth & Rodkin, September 17, 2012 8. FEMA, Flood Insurance Rate Map Community Panel Number 06097c0894e 9. Geotechnical Engineering Feasibility Report, Moore Twining Associates, September 10, 2013 10. Greenhouse Gas Emissions Report, Illingworth and Rodkin, September 6, 2012 11. Preliminary Hydrology And Drainage Analysis, RSC Engineering, September 11, 2012 12. Project Plans, Prepared RSC Engineering, Dated January 15, 2013 13. Traffic Impact Analysis Report, GHD, Dated March 2013 Page 46 1 O May 9,,2011 3 ATTACHMENT C Exhibit A wspLU City of Petaluma, California , Community Development Department nt- Planning Division 2859 11 English Street,Petaluma, CA 94952 Project Name: Lynch Creek Plaza File Number: Address/Location: McDowell Boulevard and Lynch Creek Way,Petaluma Mitigation.Monitoring and Reporting-Program This Mitigation Monitoring and Reporting Program (MMIRP) has been prepared in conformance with Section 21081,6 of the California Environmental Quality Act(CEQA) and Section 15097 of the CEQA Guidelines: This document has been developed to ensure implementation of mitigation measures and proper and adequate monitoring/reporting of such implementation. This MMRP shall be adopted in conjunction with project approval, Which relies upon a Mitigated`,Negative Declaration. It is the intent of this -MMRP to (1) document implementation of required mitigation; (2) identify monitoring/reporting responsibility, be it the lead agency (City of Petaluma), other agency (responsible or trustee agency), or a private entity(applicant, contractor, or project manager); (3) establish the frequency and duration of monitoring/reporting; (4) provide a record of the monitoring/reporting; and (5) ensure compliance. The City of'Petaluma's Planning Commission has adopted those mitigation measures within its responsibilityito-implement as binding conditions of approval. The following table lists each of the mitigation measures adopted.by=the City in connection with project approval, the timeframe to which the measure applies, the person/agency/permit responsible for implementing the measure,and the status of compliance with the mitigation measure. Page 1 of 8 U • M_ O Zy N -i •O o0 U .. H = a Q A U C no 0 C .Y U DO C 2 C Q C F 0 U ., o U >. Y U a) c0 •F be ---- • O A,r C 0.' 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Y y ,0 013 44 Ill c;o U — m a 5 = c O ° a o = . , o L o c ,ce o bn E a o ° °Fa • ' t o .° -0 -o c ,b . ° o.. � i] c y 1-7 Ln 44 04 :-] U Y E F-' a fl: L1 ° c3 cC cs G+ P-i., «ri F' U u c * w 0 cd y i. n U w o 0 c 7 v ,D tit Z �— c '. .Z Z Z U U , } / U H H 4 \ • \ ƒ 6. 7 ] \3 \ ) / \ \ a =2 & a § ± ) 2? ) 4S 9e , 235 \ § 7 � 2a � c \ Awomuz - >/ Up / j 2 ± � \\ (.0 -E5( ATTACHMENT D RESOLUTION,OF THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM BUSINESS PARK TO'MIXED USE FOR.THE LYNCH CREEK PLAZA SITE LOCATED AT THE CORNER OF NORTH MCDOWELL BOULEVARD AND LYNCH CREEK WAY APN 007-380-007 FILE NO. 12-GPA-0236 WHEREAS, Brownian Development, Inc., ,submitted an application for a General Plan Amendment to change the land use designation of the project site located at the corner of North McDowell Boulevard and Lynch.Creek Way (APN 007-380-007) from Business Park to Mixed Use; and WHEREAS,the City's Planning Commission held a duly;noticed public hearing to consider the proposed,General'Plan amendment on May 28, 2013 and a continued public hearing on July 9, 2013. A copy of the notice was published'in the Argus Courier, provided to residents and occupants within 500 feet of the site in compliance with state and local law, and routed to appropriate agencies listed under Government Code Section 65352; and WHEREAS, on May 28, 2013 and again on July 9, 2013, the Planning Commission reviewed the CEQA documents prepared for the project and on July 9, 2013 approved a resolution recommending the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program, in accordance with the California Environmental Quality Act, the state CEQA Guidelines and the City of Petaluma Environmental Guidelines. NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby recommends that the City Council approve a General Plan Amendment changing the General Plan Land Use designation of the subject parcel. (APN 007-380-007) from Business Park to Mixed Use based on the following findings: 1. Modification of the land use designation to Mixed Use is consistent with.General Plan Guiding Principles to foster and promote economic diversity and opportunities and to expand retail,opportunities to meet residents' needs and promote the city's fiscal health;;while ensuring that the new development is in keeping with Petaluma's character in that the Mixed Use land use designation will allow a greater range of commercial land uses and,encourage pedestrian oriented commercial development along McDowell. 2.. The change in,General Plan land use designation is compatible with the neighboring Mixed Use designation and will permit a pharmacy use that will enhance the surrounding medical office uses on Lynch Creek Way and the hospital on the north side of North'McDowell. 1 2 1 ,0. ATTACHMENT D 3. The General Plan map,amendment to change the land use designation to Mixed Use will not contribute a significant increase in vehicle trips compared to what'has been evaluated in the General Plan E1R and the Deer Creek Village HR. 4. The City continues to face a high vacancy rate for;office space. When the City's 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•healthy vacancy rate of between 5-10 percent. By comparison,'the retail vacancy rate is currently recorded at 5.9 percent. 5. The change of the land use designation to Mixed Use is consistent with policies of the Petaluma, General Plan ;2025. The project site lies within the North McDowell Boulevard Planning Subarea. The General Plan states,that Mixed Use designations offer an opportunity to, intensify existing uses and provide more diversity and employment intensity along this arterial roadway. 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. 6. The proposed amendment-would continue the pattern of(nixed use in the larger area and is consistent with the`vision of the North McDowell subarea. 7. The public necessity, convenience and general welfare clearly permit and will be furthered by the proposed amendment because the proposed land use amendment would establish a broader mix of uses that could be permitted on the project site In addition, proposed amendment will result in uses that are appropriate and compatible with the existing surrounding uses. The proposed project would also require a rezoning and Site Plan' & Architectural Review and approval by the Planning Commission. 8. State law limits the,number of times a local agency can amend its general plan to no more than four :times per year The proposed amendment represents the first amendment request tfor'2013. 9. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and Mitigated Negative Declaration for the,Project. Mitigation measures will reduce potential irnpacts.to less than significant. 2 ATTACHMENT E RESOLUTION OF THE CITY OF PETALUMA PLANNING,COMMISSION RECOM1VWNDING'JHE CITY COUNCIL APPROVE.A MAP.AMENDMENT TO THE IMPLEMENTING ZONING ORDINANCE FOR THE LYNCH CREEK PLAZA PROJECT LOCATION 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 City's Planning Commission held a duly noticed public hearing to consider the proposed Implementing Zoning Ordinance amendment on May 28, 2013 and a continued hearing on July 9,2013; and WHEREAS on May 28;:2013 and July 9, 2013,the Planning Commission reviewed the CEQA evaluation for the Project and by resolution on July 9, 2013 recommended to the.City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program; in accordance with the California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and NOW THEREFORE,BE IT RESOLVED that for the reasons`discussed in the project staff reports,the Planning Commission hereby recommends that the City Council rezone the subject property from BP (Business Park)to MU1B (Mixed Use) based on the findings below: 1. The proposed amendment to the Implementing Zoning Ordinance to Rezone the subject property from BP (Business Park) to MU1B (Mixed Use) is consistent with and implements the proposed Mixed Use land use classification of the General Plan as recommended by the Planning Commission in Resolution 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 healthy vacancy rate of between 5-10 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 industries identified include the health and wellness l0 —F,Lt ATTACHMENT E industry. The proposed amendment would provide:opportunities for theowner of the property, Petaluma Healthcare District, to generate revenue fonits district and continue operating within the City. 4. The public necessity,convenience and general welfare,clearly permit and will be furthered by the proposed zoning amendment and the MUIB zoning designation will result in commercial,'uses.that are appropriate and compatible with the existing surrounding uses, because 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 proposed project,would,also require Site Plan and Architectural Review and approval by the Planning Commission. 5. The requirements of the California Environmental Quality Act (CPQA) have been satisfied through the preparation of an Initial Study and Mitigated Negative Declaration for the Project, as recommended by the Planning Commission in Resolution to - S /'77 fiLlEA F RAFT g € $ r eza x FINDINGS FOR SITE PI ANN AND A CHIT &T fJRA REVIEW �`:' a 1. The project as cohditioned.will conform to the intent, goals and policies of the Petaluma General Plan 2025. The City Council in Resolution No. approved the related General Plan amendment for the Project Neither the modifications made to the Project in the course of This Site Design and Architectural Review nor the conditions of approval set forth in Exhibit A have modified the Projectin any fashion which would create inconsistencies with the General Plan. The project complies with the following General Plan policies: 1-P-6 Encourage mixed-use development, which include opportunities for increased transit access. The City Council approved a related General Plan Amendment from Business Professional to Mixed Use The proposed project would provide a new bus shelter along N. McDowell Boulevard. In addition, conditions of project approval require a bus turnout along the property frontage. 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.Class I bike path that is proposed at the Deer Creek frontage would be continued through the project frontage along McDowell boulevard and on to the corner of Lynch Creek. 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 landscaping along a major arterial (N. McDowell Boulevard The proposed structures include a 14,500 square foot retail pharmacy 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 are located along.Lynch Creek Way instead of at the rear of the building away front 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 this 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. 10-No For these reasons, the project shall remove the drive-through.facility and revise the project accordingly. 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 P incor orate 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 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 unified 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 improves the 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. 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-off the'drive-tlru'components of existingfacilities 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: A condition of approval would require redesign of the site plan, floor plans, and elevations to reflect elimination of the drive-through component. The Initial Study/Mitigated Negative Declaration also requires elimination"of the drive- through component to mitigate impacts associated with the conflict with General Plan policies established'tominimize greenhouse gas emissions. (see section 3.7-Greenhouse Gases of the Initial PStudy) and"as mitigation for conflicts with gland use plan, policy, or regulation adopted for the purpose of avoiding or mitigating'an.environmental,effect (see section ..4.10-Land Use and Planning). 4-P-16 To reduce combustion emissions during construction and demolition phases, the contactor 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 (see COA # 14). In addition Mitigation. Measures AQ-1 requires implementation of Bay Area Air Quality Management District Basic Construction Mitigation. 5-P-16 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 maintain consistency with the existing facility on the north side of McDowell andto'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,11 was required along Lynch Creek Way as part of the Deer:Creek Village project. The PBAC recommendation that this project incorporate the Class,II lanes along the property frontage on Lynch Creek Way if the Deer Creek Village Project has not been constructed is reflected in COA #22. 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 reconimendations made by the PBAC as conditions of approval, the project would also include;pedestrian access within the site with connection to other locations/paths'(see COAs 22-29). 5-P-31 Make bicycling and walking- more desirable by providing or requiring,development to provide:necessary'support throughout city. The proposed project includes 10 bicycle parking spaces, six of which would be covered spaces. In addition, the pharmacy building proposes employee shower facilities within the 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. o -88 6-P-30 Place public art in areas that are-interactive and-accessible to the public and atthe 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 development on 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 of 1 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,,,drain pipe 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. 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. 2. The Project as conditioned, will not constitute a nuisance,or be detrimental to the public welfare of the community, because it conforms to the Petaluma Implementing Zoning Ordinance ("IZO") The Project site is zoned MU1B,`Mixed..Use, and the City Council in Ordinance No. determined that the uses proposed for the Project were consistent:with the Mixed Use, MU1B zoning for the site. The project landscaping plan are consistent with IZO Chapters 14 and 17, respectively. Neither the modifications made to the Project in the course of this Site Design and Architectural Review nor the conditions of approval set'forth in Exhibit A have modified the Project in any fashion which would create inconsistencies with the IZO. 3. The proposed architecture and site plan, as conditioned, conform to the requirements of Site Plan and'Architectural Review provisions of Chapter 24.010 of the Implementing Zoning Ordinance;as: X069 a, The project-includesithe appropriate 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 required modification in COA # 7for 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. b. The architectural's Style is,appropriate for the project and compatible with the overall character of the neighborhood. The architectural style of the proposed project provides varied buildingheight, 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 sidedof building which is highly visible from McDowell Boulevard=and from: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. COA # 7 requires modifications to ensure four sided architecture, more compatible with the overall character and to address.coinpatibilitywith the future development on the adjacent site. c. 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 been sited close to the streets, which provide opportunities for pedestrian interaction similar to future Deer Creek Village development on the adjacent site The siting creates more of a neighborhood street effect and allows interaction with neighboring medical l;office use However, 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. d. The size,.location, design,color, number, lighting, and materials of all':.signs and outdoor.;structures are:appropriate for the project's surroundings. The proposedsign-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 t D-cD colors, materials; and decorative features found in the architecture,of the site. All signs are internallysilluminated;and have been conditionedto.include'automatic sensors to-shut=off duringday time hours and dim diming non-business, late night, and early morning hours. e. The bulk, height, and color of the proposed structure as=compared to the bulk, height, and color of other structures in:theitnmediate neighborhood Colors and materials are appropriate for the site and compatible with existing development and withicolors and materials approved for the Deer Creek Village project. Implementation of conditions of approval #7 would reduce bulk and height to be consistent with the MU1 b zoning and would,provide a pedestrian scale consistent with existing an future development f. Landscaping shall be in keeping with the character oadesign of the site. Landscaping has beeiz 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 thebusy.arterial and enhance;the Classipath,along the frontage. The applicantproposes a mix of native and drought tolerant,plant. Conditions of Approval#9 requires compliance with the water conservation ordinance. g. Ingress, egress,:internal circulation for bicycles andrautotnobiles off-street automobiles and parking;.facilities'and pedestrian ways shall be designed to promote safety and convenience andshall 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 in COA #33,. A Class I path is proposed across the North McDowell frontage, consistent with existing facility on the north side:ofMcDowell. 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 through the site improves the network between commercial, office, residential and medical uses in this area of the McDowell corridor. Project plans_were routed to the PBAC and the applicant engaged in dialogue with the committee on.October 2012. The PBAC issued a memo (Attachment 7) providing.recommendationsfor compliance with the bicycle and'pedestrian master plan. The applicant has made modifications to include 10 bicycle parking � C> --91 spaces and employee,showers. Additional recommendations are included as conditions ofapproval> ( Oq2 s DRAFT, '> r , ? ' SITEp �ANjAHD'ARCHITECTURAL RE VIEW CONDITIONS'OF APPRONAL't Planning: 1. All Mitigation Measures adopted by the City Council in conjunction with the Lynch Creek Plaza Initial Study/Mitigated Negative Declaration for the project are herein incorporated by reference as conditions;of project approval (see Resolution ). 2. Before issuance of any development permit, the applicant shall;revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these. Conditions of Approval= and the Mitigation Measures from the Lynch Creek Plaza Mitigation Monitoring'Program;as notes. 3. The plans submitted,for.building permit review shall be in substantial compliance with the plan set date stamped January15, 2013, except as modified'below. 4. Prior to building permit'approval, the plans shall note the installation of high efficiency heating equipment (90%ierhigher heating/furnaces) and low NOx water heaters (40 NOx or less) in compliance with policy 4-P-15D (reducing emissions). 5. Prior to building or grading„permit issuance, the applicant shall provide a Construction Phase Recycling Plan.that would address the reuse and recycling,of waste materials (soil, vegetation, concrete; lumber, metal scraps; cardboard, packing, etc., generated by any demolition activities and 'construction of the project, in 'compliance with General Plan Policy 2-P-122 for review by die-planning staff. 6. Prior to returning to the planning Commission for Final SPAR the applicant shall revise site plans, floor plans and architectural drawings that demonstrate elimination of the drive- through window: 7. Prior to returning to the Planning Commission for Final SPAR the applicant shall incorporate the following design'elements to the project: a. Entry of the retail pharmacy building (Walgreens); shall be directed toward the street. b. Add pedestrian scale 'features including at locations' near the Lynch Creek frontage.'These features include trellises, benches or other elements that make the site more pedestrian friendly c. Both buildings shall incorporate 4 sided architecture. d. 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 tO-°►3 incorporate Fadditional glazing, trellis work, and/or.other design elements that achieve a..holisticdesign approach e. Redesign.the primary building so that it does not exceed a height of 30 feet. 8. All signs shall be internally- illuminated and shall include automatic sensors to shut-off during day time hours and dim during non-business, late night, and early morning hours. 9. Prior to Building Permitaissuance the applicant shall submit detailed landscape drawings along with The project:shall;comply with landscape water:use efficiency standards of the City's water conservation ordinance. 10. Prior to Building Permit.issuance, the applicant shall submit a CalGreen Tier 1 checklist that shows compliance with California Green Building Standards(as adopted by the City of Petaluma. 11. Prior to final SPAR review, the applicant shall provide[a;lighting and photometrics'plan for reviewing and approval. Said lighting plan shall includeFexterior light locations and details of the proposed fixture.type-and the luminens. All lighting shall be glare-free, hooded and downcast in order to prevent glare. 12. The applicant shall be tsubject to the following development fees: Sewer and Water Connection, Community Facilities, Storm Drain, Public Art Ordinance (Ordinance No 2202 N.C.S., School Facilities and Traffic Mitigation fees: Said fees are due at time of issuance of building perniit'at;which time, other pertinent fees that,may be applicable to the proposed project may be required. 13. All construction activities shall be limited to 7:00 a.m. to 6:00 pm Monday through Friday and interior work only'between;9:00 am. and 5:00 p.m. on.Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured,from the City Manager (or his/her designee) for additional hours. There will be=no start'up,of.machines or equipment,prior to 7:30 a.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 aim. or past 5:30 p.m., Monday through Friday; no servicing of equipment past 6A5 p.m., Monday through Friday.. Plan subniitted for City permit shall include the language above. 14. Theiapplicant9shall comply General Plan Policy 4-P-16 by incorporating the following during project construction: a Maintain construction equipment engines,in good condition and in proper tune per manufacturer's specification for the duration of construction; b. Minimize'idling time of construction related equipment, including'heavy-duty equipment;motor vehicles, and portable equipment; c. Use alternative fuel construction equipment(i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline); d. Use add-on control devices such as diesel oxidation catalysts or particulate filters; \ 0 M e. Use diesel equipment that meets the ARB's 2-000 or-newer certifiCation standard for offroad. . f. heavy-duty diesel;engines; g. Phase construction.ofthe project; h. Limit the.hours of operation of heavy duty equipment. Pedestrian and Bicycle Advisory Committee 15. Bicycle racks shall be covered with overhead structure or located within overhang of building to protect from.weather. 16. Bicycle racks shall comply with the Bicycle and Pedestrian Master Plan and shall include safe, convenient, and secure.bicycle parking as follows: a bicycle rack styles and locations noted in Bicycle Plan b. compliance with racks installation standards. c. rack should be conveniently located near entrances for use by employees and customers: d. avoid placing.racks too close to any wall or structure. 17. The shower facility located inside the pharmacy building shall.be accessible by employees of either of the units located on-site. 18. All lighting shall be directed downward to minimizedight;pollution. 19. Site plan shall be revised tor include additional benches or seating areas for employees and costumers. Benches shall be located near each of the,buildings away from traffic and shall be screened. The following locations are recommended: a. Install one (1) to two (2) benches for pharmacy building (Walgreens) at convenient locations, screened from with shade, away from traffic where workers/customers may enjoy a break or wait for a fellow shopper; b. Install one (1+) bench near multi-tenant building located along border with Deer Creek Plaza oralbng.McDowell in a well screened landscaping strip: c. Install one (1) bench along western border shown to be landscaped with Chinese Elms. 20. Applicant shall coordinate features of public transit stop with local/regional transit authorities. 21. PBAC notes that the four way intersection at McDowell and Lynch ',Creek Way is currently striped for crosswalks in all four directions. Upon recommendation of Staff these cross walks to be improved and restriped as necessary and crossing times synchronized with new`traffic patterns generated by this Project and Deer Creek. 22. If the Lynch Creek Project is built before the.Deer Creek Village improvements, applicant shall instal] Class ILlahe on Lynch Creek Way along;the project's.frontage. 23. Bikes shall be permitted to navigate through the Project through internal driveways to Class I along_McDowell and to Lynch Creek Way. 24. Applicant shall install bicycle and pedestrian friendly,signage to include : a safety signage along McDowell Frontage alerting motorists to bikes/pedestrians traveling from both directions along Class I in.front:of-project; lD—C\5 b. directional signage to East/West Lynch :Creek ''Trail access points and to LucchessiCommunity Center; c. signageaat the west side of Pad A building, near the internal'path into Deer Creek for pedestrians and bicyclists indicating access to the Deer Creek Project businesses and the perimeter Class I path on the west side/freeway frontage of Deer Creek; 25. Encouraging pedestrian access and reducing vehicular use between the project site and the adjacent Deer Creek project applicant shall still provide for,safe and,secure pedestrian and bicycle access at the southwesterly corner of the project site between the project.and Deer Creek village. Access shall be wide enough to accommodate bicyclists and pedestrians at same time and shall be signed. 26. Pedestrian walkway between Pad A and B shall be installed using colored pavement, striping,and of conducive walking surface to permit safe pedestrian travel between the two buildings. 27. An additional walkway shall be installed for pedestrian traffic between Deer Creek, through project out to Lynch Creek Way; walkway to be integrated with landscaping along border with medical offices to the west, or with colored/marked and raised pavement guiding pedestrians,safely through parking area. 28. Edible landscape and low-lying shrubs shall be installed along the Northwest access point into the Deer Creek project. 29. 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. Engineering 30. Frontage improvements shall be installed per the civil engineering site plan set dated January 15, 2013 including, but not limited to, new 10-foot wide separated sidewalk on McDowell and 5-foot wide separated sidewalk on Lynch Creek, a streetlight at both the McDowell and Lynch Creek Way driveway approaches and landscaping. 31. The proposed bus stop,..bench and shelter shall be located outside of and behind the 10-foot sidewalk. 32. All existing overhead utilities along the project frontage or traversing the site shall be placed underground. 1 � --CVO • 33. City standard commercial driveway approaches with rounded*:aprons shall-be installed on the McDowell and Lynch Creek frontages. A raised median island will be installed along North McDowell Boulevard as part of the adjacent,Deer Creek Plaza development. The driveway approaches. shall be designed and constructed to accommodate truck 'turning movements for the WB-50 design vehicle. 34. The project engineer shall submit a sketch drawn to scale 02=20 feet) based on AASHTO standards to show that the location of the monument sign does not obstruct the sight distance triangle. 35. The proposed vacation of the existing 1-foot non access easement on McDowell shall be recorded with the Sonoma County Recorder's Office prior to issuance of any construction permits. 36. In the event the N. McDowell median has not been installed prior to construction of this project, the applicant shall install signage prohibiting left turn into and out of the site. 37. A public access easement along Lynch Creek Way and North McDowell Boulevard shall be dedicated to the City to accommodate the proposed new sidewalks and bus stop/shelter area. 38. Show the 2 domestic meters and the irrigation meter on the combination service. Show the valves on the combination connection to the water. Indicate the size of the existing water stub off the main. 39. Replace the fire hydrant at the corner of North McDowell and Lynch Creek Way with a current commercial fire hydrant. Show the conform of the reconstructed sidewalk on N. McDowell to the north and the location of the existing fire'hydrant at the property line. 40. If Building "A" is going to require,a grease interceptor in the future,the interceptor will be required to be outside Of the chive aisle and parking',stalls. Consider relocating the sewer lateral to the rear of the building-or risk losing parking space in the future. 41. Grade conforms along the•project frontage shall conform to the existing street section to the satisfaction of the City Engineer. Striping and pavement marking shall be replaced in kind. 42. The project shall provide for zero net storm water runoff,for the 24 hour; 10-year event per City of Petaluma.and Sonoma County Water Agency standards. 43. Sonoma County Water Agency review and approval is required prior to the start of any construction. 44. Site work shall generally conform to the site improvementsas shown on the plans provided with the application. 45. All work shall conform to the latest City standards. to -9 ! 46. All improvements shall be ADA accessible. 47. All existing unused water sewer mains shall be identified on construction drawings and abandoned per Citystandards. 48. Joint trench plans are required with the building permit/public improvement plan submittal. 49. All public improvement work shall be completed. prior to issuance of a final inspection/certificate of occupancy. 50. The on-site sewer, water and storm drain water detention and treatment system shall be privately owned and.maintained. 51. Prior to issuance of a building permit, an operations and maintenance manual is required for the proposed storm water detention and treatment system and shall be submitted with the building permit application for review and approval by the City Engineer. The manual shall include annual inspection, by a Civil Engineer registered.-in the State of California, to ensure the detention and treatment systems are operating as designed and constructed as well as provisions to make any necessary repairs to the system. A signed and sealed copy of the report shall be provided annually to the Office of the City Engineer. 52. Prior to issuance of a building permit, the developer shall comply with the City's Phase II storm water management plan and State of California NPDES requirements including submittal of a notice,of intent and storm water pollution prevention plan to the State and City. 53. Project construction activity shall be coordinated with the adjacent Deer Creek Plaza shopping center, to all extents possible, subject to the approval of the City of Petaluma. 54. Prior to issuance of;a building permit, a public improvement;plan application is required to be submitted and approved for all frontage work and all on-site work within public easements. A public improvement agreement package including necessary bonds and insurance is required. Fire 55. All commercial building shall be protected by an automatic fire sprinkler system as required by the City of Petaluma Municipal Code and shall conform to NFPA 13 requirements. The fire;sprinkler system shall be provided with central station alarm system designed in accordance with NFPA 72. A local alarm shall be provided on the exterior of the building and each suite within the interior of the building. All systems require 3 sets of plans to be submitted`to the Fire Marshal's Office for review and approval. 56. The location of the Fire Department Connection and Post Indicator Valve will need to be coordinated with t he Fire Marshal's Office. 57: The business shall submit Hazardous Materials Business Plan pursuant to Health and Safety 6.95 and the Califomia Fire Code. A completed plan must be entered into the California Environmental Reporting System (CERS) 58. One2AIOBC-rated fire extinguisher will be required for each 3,000 square feet. There shall be no more than.75 feet of travel distance from any location to a fire extinguisher. l°-9g 59. Provide a key:lock.(knox box);for Fire Department access to the business:. 60. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or g proceeding against Indemnitees to attack,set aside, void or annul any of the approvals of the project. The applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes.The City shall promptly notify the applicant of any such claim, action or proceeding concerning the project. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action,or proceeding, and if the City chooses to do so, applicant shall reimburses City for attorneys' fees and costs incurred by the City. • to /GI