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HomeMy WebLinkAboutStaff Report 5.A 2/3/2014 4g-enact/ Ite vw#5 .A `SALtt Z85e DATE: February 3, 2014 TO: Honorable Mayor.and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Riverfront Mixed-Use Project Draft Environmental Impact Report RECOMMENDATION It is recommended that the City Council: • Receive public testimony on the Draft Environmental Impact Report; • Provide comments on the Draft Environmental Impact Report; and • Direct staff to prepare the Final Environmental Impact Report (FEIR). CEQA OVERVIEW The California Environmental Quality Act (CEQA) is a system of checks and balances that informs land use development and management decisions in California. All development permit applications subject to public agency discretionary action require environmental review under CEQA. An environmental impact report (EIR) is a detailed report'prepared pursuant to CEQA that analyzes the significant environmental effects of a proposed project, identifies alternatives, and discusses ways to reduce or avoid possible significant environmental impacts. Pursuant to the City's Environmental Review Guidelines, all projects requiring an EIR shall be referred to the- City Council for certification of the adequacy of the EIR and a final determination. The Planning Commission shall first consider the draft EIR and any comments received and may make'recommendations to the City Council on the adequacy of the EIR and the appropriate findings. The City Council may request additional information or clarification prior to or concurrent with their recommendations. Prior_to'.a decision on the project, the City Council shall certify the adequacy of Final EIR by resolution. BACKGROUND The Riverfront site has been the subject of several development applications since 2001..Past development scenarios,attempted to address the limited,street access by providing additional access by way'of a new southern crossing bridge over the Petaluma River. Ultimately, these Agenda Revie City Attorney Finance Finance Director City Mana & development plans were financially infeasible due to the:expected'cost of the bridge, which is estimated to cost between $40 and $60 million. A subsequent development application for predominately residential land uses did not gain staff support; as it did not provide for a sufficient mix of uses or public amenities on the site,,and was eventually withdrawn. The current proposal is the result of discussions with staff about the mix and'intensity of uses that were considered consistent with the Central Petaluma Specific Plan and addressed the constraints of the site in terms of access and location. Final approval of the existing at-grade railroad crossing at Caulfield Lane near Hopper Street was an important step for the proposed project. The City Council certified the Initial Study/Mitigated Negative Declaration for permanent PUC approval of the Caulfield Lane crossing on December 19, 2011. The PUC provided final approval of the Caulfield Lane crossing on July 11, 2013. The Riverfront project had been under preliminary planning review since 2009 with a formal application filed on February 8, 2011. The Tentative Map application for the project was deemed complete in February 2013. The project has been designed utilizing the current Urban Standards for Zones T-4, T-5 and T-6 from the existing 2003 SmartCode. A new Station Area Master Plan and a Revised SmartCode were-adopted by the City Council on June 17, 2013. Because the Tentative Subdivision Map was deemed complete prior to-the June 2013 adoption of the Revised SmartCode and pursuant to the Subdivision Map Act Section 66474.2(c), the Tentative Subdivision Map will continue to be processed under the 2003 SmartCode. On June 17, 2013 the City Council approved revisions to the SmartCode, which were approved in the second reading on July 1, 2013 and went into effect on July 3.1, 2013. At the June 17th hearing,,the City Council approved language providing a hybrid approach to the existing and amended SmartCodes for the Riverfront Project as Section 2 below: Section 2. Adoption. The City Council hereby adopts the Amended Smart Code; provided. however; that notwithstanding anything to the contrary in the Amended Smart Code, Section 4 of the Amended SmartCode, entitled Urban Standards, will not apply to applications for projects within the Central Petaluma Specific Plan area that are subject to the Subdivision Map Act (California Government Code §66410 and following) and that are complete pursuant to the Subdivision Map Act prior to the effective date of the Amended Smart Code, until the earlier of: six(6) years following the effective date of the Amended Smart Code, or until all buildings of such projects that require certificates of occupancy are completed and issued,certificates of occupancy. All other applications for projects within the Central Petaluma Specific Plan will be subject to all provisions in the Amended Smart Code upon the effective date of the Amended Smart Code, subject to applicable law. The above provision is limited to the Riverfront Project as currently proposed, as it is the only complete applicationwithin the plan area. If the subdivision map is not approved, or the project is not built out within six years of adoption of the Amended SmartCode, any future project proposal at this location will be processed under the Amended SmartCode. The City Council reviewed the Fiscal and'Economic Impact Analysis for the Riverfront project on May 6, 2013. The FEI'A demonstrates that the project would have a net positive fiscal impact to the City. Assuming full build out, the net fiscal impact is estimated to be a total annual increase of$616,000 for combined fund revenues. The Planning Commission held a public hearing to provide comments and receive public testimony on the DEIR on January 14, 2014. A general consensus of the Commission had the following comments on the DEIR: • Provide a more detailed acoustical analysis with additional detail on the noise modeling that was conducted including the timing of noise monitoring and the locations (mid-day in 2005 sufficient to•capture.peak hour and height of measurements given that new structures will be two'stories) and identify the specific noise attenuation measures that will be used to achieve interior noise standards onsite, including specifically the townhomes in the northeast. Commissioners expressed a desire to clearly understand how mitigation measures such as limits on windows or requirement for inoperable windows may impact architectural design later in the process; • The noise attenuation measures should be explicit about their level of performance; • Loss of wetlands should be mitigated onsite through the creation of additional wetland as part of the River Park Element; • Expand discussion about Sea Level Rise and the potential affects to the project site due to proximity to the Petaluma River; and • Consider the effects of sea level:rise such as intrusion of groundwater and any changes to underlying geology from elevated groundwater levels. Additional comments from individual Commissioners include the following: • Explore energy improvements to reduce impacts associated with Air Quality and Greenhouse Gas Emissions; • Expand discussion on regional connectivity for non-vehicle modes of transit to ensure adequate and safe pathways for pedestrians and cyclists; • Consider looking at a different alternative scenario to move townhomes and leave playing field in place; • Clarify the project's use of groundwater and water resources; and • Restrict,hours of construction, specifically the 7:00 am start time, to limit impacts on residential uses. Oral comments were received.from four members of the general public at the hearing. All of the public speakers were associated with the construction workers unions and each expressed concerns about the adequacy of the DEIR. Specific issues identified by the commenters included. exposure to hazardous materials onsite during construction, proper protection to worker health, sea level rise, appropriate payment of traffic impacts fees, bay mud and liquefaction risks, and parking capacity. Concern was also expressed regarding the need for more detailed analysis on the design of the boathouse. 3 PROJECT DESCRIPTION The project consists.of a mixed-use•development on an approximately 35.7-acre site (39.5 acres included the Riverfront Park). As proposed, a total of 18.81 acres will be developed with a mix of residential,hotel, commercial and office uses, with approximately 12.87 acres for right-of- way dedication and 3.97 acresrfor'civicspaces. The project proposes future development of a mix of residential and commercial land uses, including 90,000 square feet of commercial space (30,000 square feet of retail and 60,000 square feet of office), a 120-room hotel, approximately 4.0 acres of parks, a system of multi-use trails and the dedication of a parcel to the City for the Petaluma Small Craft Center for the development of a community boathouse adjacent to the Petaluma River. The proposed residential uses include 134 single-family residential lots, 39 townhomes, including 4 live/work ants, and up to 100 rental apartment on the second and third floor of the mixed use buildings surrounding the central green. Thus, the proposed project would allow for a maximum project build out of 273 residential units. Please also see Figure 1-3, Proposed Land Uses on page 7-3 of the DEIR. Land Uses Detached single-family residential lots would occupy the majority of the southern portion of the site adjacent to the Petaluma River. Medium-density townhome development would be located in the northeastern corner of the site. The hotel and office complex would be located in the northwestern portion of the site, and would be separated,from the single-family residential area by an active park and sports-field. lathe central portion of the site, a Central Green urban park would be encircled by.mixed uses•(commercial and apartments) and project streets. A parcel in the southeast corner of the site"will.be dedicated to the City for the Petaluma Small Craft Center (PSCC) for construction of a community boathouse for small craft access to the Petaluma River. The single-family lots average approximately 4,000 square feet and are arranged in a grid pattern including a frontage street adjacent to the Petaluma River. The single-family homes would range from approximately 1,200 to:2,300 square feet, with an estimated average unit size of 1,790 square.feet. The townhouse lots"would be served by an internal street that connects to the single- familydevelopment. Commercial and residential mixed-use development would be located on approximately 1.18- acre"in the centralportion of the site with 30,000 square feet of ground floor retail space and 100 apartment:units located on the second and third floors. The retail component would consist of a mix of neighborhood serving commercial opportunities. Open space and community areas would consist of a 98,916 square foot (2.27 acres) active park with a sports field and a 16,448 square foot "Central Green"passive park space encircled by the access streets to the commercial and residential mixed use component. The active park would be located between the single-family development and the hotel and office complex and a multi-use trail would be located along the perimeter of the property. Offsite Improvements The project also:ihcludes two offsite improvements: 1) Riverfront Park; and 2) D-Street to Hopper connector for EVA and Public Access. The adjacent state-owned property along the • 1 Petaluma River will be developed into an,approximately3:5-acre passive Riverfront Park. The park includes a walking trail, outlooks and landscaping improvements, including planting of additional riparian trees. The'-preliminary.plan includes preservation of existing trees on the future riverfront park parcel and plantings of additional,riparian,trees to enhance the area. The street grid also includes a frail system running along the project's frontage with the SMART Rail Line and leading from Hopper Street around both the eastern and western boundaries of the site to the proposed Riverfront trail. Site Access and Circulation Access to the project would be provided from Hopper Street via Caulfield Land, with secondary access off of D Street. Hopper.Street will be widened at the project entrance to accommodate entrance features and aright turn out of the site onto Caulfield Lane. Internally, the primary north-south road would be a segment of the planned extension of Caulfield Lane through the project site and ultimately;to Petaluma Boulevard South, located south of the Petaluma River. On-street parallel parking is proposed along both sides of all internal streets except for the alleys behind the retail-residential mixed use area, between the Central Green and river road, and the EVA street along the western property boundary. A 1.75 acre parking lot is proposed to be sited west of the hotel and office buildings and will provide adequate:parking for the hotel, office, active sports park and retail components. A total of 1,267 vehicular parking spaces and 150 bicycle parking spaces are proposed throughout the site, with bike parking located near each of the proposed buildings. An offsite emergency access route will be provided from Hopper'Street to a new EVA that enters the project site from the west, south of the City owned property. The EVA consists of improvements along Hopper Street and a joint EVA and public access point off of D Street connecting two-way traffic to Hopper Street. Entitlements The project proposes a Master'Site Plan and Architectural Review'(MSPAR) for the entire project site and future individual site-specific.SPAR for each phase of development. MSPAR includes design and site layout regulations and guidelines intended to apply to all future development on the project site. The MSPAR provides,an umbrella approach to capture all warrants and ensures integrity and overall consistency among all the future phases of development. The Applicant has provided a conceptual site plan that depicts potential structural layouts and some architectural renderings for illustrative purposes in order to conceptually illustrate the architectural styles and desired level of detail the Applicant intends to propose at the future SPAR process for each phase. To implement the Conceptual Area Boundary, a Zoning Map Amendment (ZMA)is required that would provide the actual zoning designations for the proposed zoning.districts. The zoning designations selected for this project are very similar to the conceptual designations within the CPSP and include General Urban (T-4), Urban Center(T-5), Urban Core (T-6) and Civic Space (C-S). The Tentative Subdivision Map proposes to create 144 lots and four parcels. The four parcels include an active park, central green, public path and a parcel dedicated to the City for future 5 development of a boathouse. The public path:consists:of an approximate 10-foot- wide, Class I multi-use path around the perimeter of the site that would connect to other planned paths in the project vicinity as forth in the City's Bicycle andPedestrianPlan (2008) and the.Petaluma. River Access and Enhancement Plan,(1996). The 134-single-family homes will be on individual lots; the townhoines will be on 3 lots. The remaining 7"lots will include the commercial, office, hotel and apartment uses. Project Phasing The Tentative Map proposes development in eight phases: The plans do not specify a phasing order or timeframe, rather according to the project applicant, will occur in response to market conditions. City regulations require that all subdivision improvements within each phase be completed. The site is expected to build out within six years. Mass site grading will occur at the onset of construction to facilitate subsequent development phases. Accordingly, each phase will require subsequent fine site grading, thereby limiting active ground disturbance to the phase under construction. Infrastructure wilt be installed in a manner that provides adequate service to the phase being constructed, and with the intent to serve the entire project area. That is, water and sewer pipelines and otheninfrastructure will be sized appropriately to accommodate ultimate build out. Following mass site grading a soil stabilizer will be applied to inactive portions of the project site in order to ensure that dust and erosion are minimized.In addition, an erosion control plan and a Stormwater Pollution Prevention Plan will be prepared that set forth specific best management practices that protect the adjacent Petaluma River during the phased development period. ENVIRONMENTAL REVIEW An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the Riverfront Mixed Use project in June 2013 and-circulated for a 30-day public review period from June 6 through July 5, 2013. The review period was extended to July 25, 2013 upon consideration of a public request for extension. The IS/MND came before the Planning Commission on July 9, 2013, was continued to the August 13, 2013 meeting and subsequently continued to a date uncertain to allow time for staff to review and respond to public comments. At the close of the public review period, the City:reviewed all comments received on the IS/MND and determined that an EIR would be prepared to address potentially significant impacts. Pursuant to CEQA Guidelines Section 15082, a Notice of Preparation (NOP) advising that an EIR was to be prepared for the project was sent to the State Clearinghouse for distribution to responsible and/or trustee state agencies. After receiving the NOP, these agencies had 30 days to comment on how, in terms,of scope and content, the DEIR,should treat environmental information related to the agency's statutory responsibilities. The Notice of Preparation is in Exhibit B of the EIR,and was circulated on September 17, 2013. The close of the NOP comment period was marked by a Public Scoping Meeting, which was held on October 29`h, 2013. Comments on the NOP were received from the California Department of Transportation(C'altrans), California Department of Fish and Wildlife (CDFW), and the State Lands Commission (SLC). All comment letters received on the NOP are included as Appendix B to the DEIR. Purpose An EIR is a disclosure document. The purpose of CEQA is to ensure that the public and decision makers are aware of the environmental consequences of an intended action. The jurisdiction is required to mitigate significant impacts where feasible, but may still approve a project with significant impacts if it finds specific overriding considerations supported by substantial evidence in the record. Once a DEIR is prepared, it must be routed through the State Clearinghouse to all responsible and/or trustee agencies. The agencies have 45 calendar days in which to comment on the DEIR. At the same time the DEIR is sent to the State Clearinghouse, the public must be notified that the DEIR is available for review: A notice of completion and availability for the Riverfront DEIR was published in the Argus Courier on December 19th, 2013 and sent to residents and property owners within 1,000 feet of the subject property, as well as:interested parties, individuals who commented in response to the NOP, the State Clearinghouse and the Sonoma County Clerk. The purpose of the February 3,'2014 hearing is to receive input from the City Council and the public on the adequacy and completeness of the analysis presented in the DEIR. Following close. of the Public Review period on February 6, 2014, all written and oral comments received on the DEIR will be compiled, and responses to those comments will be presented in the FEIR. Process The City Council will consider the adequacy of the DEIR in disclosing the potential impacts of the project and identifying mitigationmeasures, and identify any changes, clarifications, or additional information needed in:the FEIR. At the direction of Council, staff will initiate preparation of the FEIR which incorporates the necessary revisions and responses to all significant environmental points raised during the public review period. The FEIR and project approvals will come before the Planning Commission and City Council for consideration. DISCUSSION Tiered EIR The Draft Environmental Impact Report(DEIR) for the Riverfront Project is a second tier EIR and tiers,off of the Program EIR that was certified forthe City of Petaluma General Plan 2025. Based.upon.the conclusions in the Initial Study(included in Appendix A to the DEIR), the following environmental issue areas were found to include potentially significant impacts: Air Quality/Greenhouse Gas Emissions, Biological Resources, Cultural.Resources, Geology/Soils, Hazards and Hazardous;Materials,.Hydrology and Water Quality,Noise, and Traffic Circulation/Transportation. As such, the DEIR is limited to those discussion impacts that were not examined in the previous E1R forthe General Plan. Format of the Draft EIR The analysis of the:DEIR,is broken into the following primary sections: Project Description; Environmental'"Setting,;Impacts, arid Mitigation Measures; and.CEQA Considerations including growth inducement, cumulative impacts and project alternatives. The analysis includes an overview of the existing conditions compared'with incorporation of the project and applies thresholds of significance based on CEQA guidelines iandiother regulatory criteria to assess whether or not the project will have an impact and, if so, the significance of that impact. The DEIR discusses levels-of significance and feasible mitigation measures to ensure that the impact is reduced to a less-than-significant level. Impacts and Mitigation Measures The DEIR and associated.Initial Study identify several areas where the proposed project would have a potential environmental impact. All of the impacts identified as potentially significant can be reduced to a less-than-significant level with the incorporation of mitigation measures. These mitigation measures have been identified in the DEIR and would be incorporated into the project approval and carried outthrough a Mitigation Monitoring and Reporting Program (MMRP) and project conditions of approval. Environmental impacts considered to be "Less than significant with mitigation measures" were identified in eight categories-in the DEIR. The mitigation measures identified for the project are summarized below, following the impacts discussion for each environmental category, and will reduce all project impacts to"a"less than significant level." Categories of Potential Impact Potential environmental impacts of the project were identified in the DEIR, as summarized below. Please see the text of the-DEIR for full discussion of impacts and mitigation measures. Air Quality and Greenhouse Gases The project would result in less than significant emissions from construction activities including grubbing, grading, site preparation, delivery of materials and vehicle/equipment use However, fugitive dust generated by construction vehicles and equipment traveling over exposed surfaces is identified as:a potentially significant'impact. Implementation of mitigation measures AIR-1 and AIR-2 would reduce the construction related emissions to a less than significant level. Given that the precise timing of development phases is unknown, there is a potential that new on-site residents (sensitive receptors) could be present during ongoing construction activities" In order to reduce exposure to pollutants generated during construction, measure AIR-3 requires the development of a construction plan and implementation of exhaust reducing-measures during all phases of construction when residences are within 200 feet of construction activities. Due-to potential for-odor complaints from the Primary Influent Pump Station (PIPS) adjacent to the property, measure AIR-4,requires that the applicant provide funds to replace:the soil bed control with a mechanical odor control unit. AIR 1 & AIR 2—Implement basic-and additional control measures to mitigate fugitive dust. AIR 3 Implement-construction related measures to mitigate onsite exposure of sensitive receptors to temporary pollutant concentrations. AIR 4—The applicant shall provide reimbursement to tl tCity for upgrades to a mechanical odor control unit at the Primary Influent Pump Station to mitigate potential'exposure.of new residents to odors. Biological Resources The project's biological resources report identified eight vegetation communities, 56 plant species and 19 wildlife species on the.project site, and indicated that the project site has been significantly altered from its.native"state. Six special status bird species are present or have the potential to occur within the project,site, none of which.arerstate or federally listed as endangered or threatened. Due to the historic use of the site as a construction staging area and location for dredged materials the majority of the site is characterized by invasive and non-native plant species adapted to extremely:disturbed conditions. Non-sensitive vegetation communities within the project'site include disturbed land, ruderal herbaceous stands, and non-native annual grassland. Gravel roads, concrete;slabs, and gravel piles occupy approximately 11.2 acres, while approximately 26.9 acres of the site are dominated by non-native species. No potential special status plant species were identified during the site-specific field investigation conducted for the project site. Wetlands &Jurisdictional Waters The project biological;assessment found that the site has been,significantly altered from its native state and the majority of the site contains non-sensitive vegetation communities, however, four sensitive vegetation community types(all of which qualify as wetlands or drainages under federal and/or state'regulations);cover a total of 0.58 acres ofthe=project site. These include a drainage ditch through the site!(0.1"6 acres), small seasonal and isolated.depressions (0.10 acres) and a seasonal wetland swale (0.02.acre) on the project site, as well as.a seasonal wetland Swale (0.29 acres) and coastal brackish.march-(0.01 acre) on the Riverfront Park site adjacent to the Petaluma River. A wetland delineation of all of these wetland and'drainage features was conducted in 2010. The wetland delineations for the two wetland swales, seasonal wetland depressions in the southern portion of site, and coastal brackish marsh were verified by the U.S. Army Corps of Engineers (Corps) as jurisdictional under section 404 of the Clean Water Act on November 1, 2011. The seasonal wetland depressions in the northern portion of the site are considered isolated and therefore jurisdictional only under the Porter-Cologne Act of Waters of the State. The proposed project would result in.the conversion of 0.24 acres of seasonal wetlands to developed land. A majority of the wetland fill would be within the drainage channel that runs through the site (016 acre);as well as small isolated wetland features. Since wetlands are considered sensitive habitatareas, this would be considered a significant impact. Of the 0.24 acres that will be impacted, 0.19 acres of seasonal wetland habitat is under Corps jurisdiction under section 404 of the Clean Water Act, while 0.05 (seasonal wetland depressions in northern portion of the site) is under the jurisdiction of the Regional Water Quality Control Board under the Clean Water Act and/or the Porter Cologne Act. To mitigate for the impacts to 0.24 acres of seasonal wetland habitat, credits shall be purchased from an approved mitigation'bank'at a ratio of one acre for every one acre impacted, or as otherwise.directed by the regulatory-agencies. Due"to generalaow-quality.of the existing wetland habitat(e.g. presence;of non-native species, disturbedbsoils,etc.) within the project site, a mitigation ratio of ones acre'mitigated"for each acre impacted is recommended by the biologist. According to information provided by the project biologist, the Burdell wetland mitigation bank, located just south of Petaluma, has some credits available. Nesting Birds Nesting bird species may be present.onsite. Mitigation measure B10-3 would reduce the impact to less than significant levels: Mitigation measures BIO-1 through B1O-3 would reduce the impacts'to wetlands and nesting birds to less than significant levels. BIO 1 & 2—Purchase credits from an approved mitigation bank at a ratio,,of one acre for every one acre impacted to,mitigate'for the'impacts to the 0.24 acre conversion of seasonal wetland habitat and develop final RiyyerfrontPark design thatavoids,and,protects wetlands using best management practices(BMP): BIO 3 — Conduct vegetation removal`through cutting and/or grubbing between September 1 and January 30, outside of the general,breeding bird season. Otherwise, require preparation of pre- construction nesting bird surveys within 14 days prior to such:activities to determine the presence and location of nesting birds: Cultural Resources The Central Petaluma.Specific- Plan,ElRindicates that thesorne areas, especially in the vicinity of the Petaluma River, have a high potential for the discovery of archaeological materials (City of Petaluma, March 2003). Assuch, a records search and review was conducted for the project (Archaeological Resource Service, 2013). The literature search and data review indicate that the Riverfront project area hasa?low potential for the discovery of potentially significant historic or prehistoric cultural-resources. The entire project area was a brackish marsh until at least the second quarter of the 20th century. This precludes the presence of Native American cultural resources-in the area. The project area has been filled with sods from various construction projects,dredge spoils, and other materials. There,ist some potential that these fill-soils-contain remnants of cultural_materials from their source""s. However,'these;transported.and.disturbed soils would not be considered:to contain potentially significant cultural resources since they would have lost all association with their original location and structure. Although,accidental discover of cultural resources and encountering human remains is unlikely CUL-1 and CUL-2 provide measures to ensure that any potential impacts to cultural resources are reduced to a less than significant level. CUL 1 —Provides for protection of prehistoric, historical or archeological resources should any such resources be encountered'during construction. CUL 2—Provides for the proper treatment of human remains in the event any are uncovered during project construction activities. 10. Geology &'Soils, The potential geologic;hazards identified at the project site include differential settlement and strong seismic ground!shaking. There'is also a potential for localized liquefaction associated with an identified channel meander(See.Figure 4.4-1 of the DEIR). The project site is underlain by highly compressible Bay'Mud that generally increases in'thickness from north to south. The project's grading plan limits the,thickness of new fills on deeper bay mud deposits,,except for the area where the:future Caulfield Bridge is proposed. This localized area will require as much as 10 feet of fill in order to achieve the desired elevation for a future bridge. Under increased loads this area could experience up,to 2 feet of settlement. Settlement of;bay mud occurs at a • decreasing=rate over several decades; with as much as 50% ofsettlement occurring in the first 5 years. Without mitigation differential settlement any-seismic activity could result in damage to structures,infrastructure,:roads,,and utilities'onsite. As recommended by Miller Pacific Engineering Group the use,of deep foundations, preloading, densification methods, lightweight fill, and use-of stiff foundations;are effective means to protect structures and infrastructure from consolidation of bay mud. These measures are also effective is reducing impacts associated with the localized liquefaction potential.'In order to ensure thafimprovetnents are adequately protected from theadverseeffectso'f'soil instability, mitigation hieasures'GEO-1 through GEO-3 that implement and verify effectiveness of recommendations from the geotechnical investigations are required and would be,sufficient to reduce the identified impacts associated with geology and soils'to a less than significant level: GEO I —Implement all recommendations identified in the geotechnical investigations and conform to California Building Code regulations. GEO 2—Implement all recommendations identificd in the geotechnical investigations including the use-of structural foundation systems for lighter buildings,:such as,residences(mat slabs and rigid grade beams), and deep foundations for heavier buildingst. GE0,3,—Verify that recommend'ed•measures to address differential.settlement in thicker fill areas are,adequate via a third party peer review of the,Geoteclmical Report. Hazards & Hazardous Materials None of the;project land usesfor development activities, including offsite improvements, are expected to involve,hazardous materials..No storage of chemical or hazardous materials is anticipated. A Phase I:and Phase.II Environmental Site Assessment (ESA) were conducted for the project;property in 2001 and a new Phase I was conducted in 2013. The 2001 Phase I investigation-:found evidence of debris andFwaste at the site, river dredge disposal materials and diesel-impacted soil stockpiles. Groundwater samples identified heavy-end hydrocarbons and petroleuni;hydrocarbons (TPH) (motor•oil and diesel) in some of the sampled wells, but the concentrations,were considered low. The;absence of a clear onsite source suggests that these contaminants are reflective of general historic industrial activity in the area rather thananonsite.source:(Icleinfelder, January 2001), Groundwater is not used for drinking water and would not be encountered by persons occupying the site, and-therefore does not appear to represent a°potential healtnrisk to persons living or working on the site after development is completed. The 2013 ESA revealed no evidence of"Recognized Environmental { Conditions" in.connedtiorf with the/project Site. Nonetheless,-in order,to ensure that construction workers are not exposed to potentially hazardous materials that may be'encountered during development,of the project, mitigation measures HAZMAT-1 and HAZMAT-2 shall be implemented, which would reduce theimpacts of hazardous materials to a less than significant level. HAZMAT I —Require-that the quality of the soil be reaffirmed prior to being used for onsite fill. The quality of fills shall be confirmed pursuant to the Clean,Imported Fill Material Information Advisory prepared by the Department of Toxic Substance Control 2001. HAZMAT 2—Prepare and imptementa-Risk.Management Plan (RMP) that identifies procedures to manage groundwater that may be encountered and guidelines to follow in the event that unknown environmental conditions are discovered. The RMP shall also contain a Health and Safety Plan to ensure appropriate construction worker health and protection are in place during construction activities. Hydrology and Water Quality The project site is currently undeveloped, and construction and build out of the project would result in an increase in storinwater runoff that would ultimately discharge into the Petaluma River. City staff.reviewed hydrological studies previously conducted for other projects within the city, (i.e., the Deer Creek Plaza Shopping Center project) and determined that storm water detention in the lower reaches of the Petaluma River does notprovide a benefit. As such, the project will not,require onsite detention or that there be no net increase in stonnwater runoff However, in order to ensure-that stofin drains have sufficient capacity, measure HYDRO-1 requires review and approval:of the final drainage plans. The project requires,substantial;earthwork and grading activities could result in potential impact due to erosion and pollutant runoff into the Petaluma River, which is already listed as impaired for nutrients, pathogens, and-sediment:.In order to ensure thatthis,condition is not further exacerbated by the subject project, HYDRO-2 through HYDRO-5 are required and would reduce the impacts to water quality, erosion=and drainage to less than.significantlevels through use of stonnwater pollution prevention and erosion control measures. HYDRO 1;—Prepare,fnal drainage plans=as part of the Subdivision Improvement plans including calculations:and documentationthe'stonn drain system and discharge culverts have adequate capacity to serve-"the project at build out. HYDRO"2_Prepared Storm Water Pollution Prevention Plait for subdivision grading and construction:of subdivision improvements including Riverfront Park improvements and all offsite construction in accordance with the National Pollution Discharge Elimination System regulations. HYDRO 1—Prepareand implement an erosion control plan for the subdivision grading and each development phase..E'rosion'control;shall,include phasing of grading, limiting areas of disturbance, designation of restricted-entry zones, diversion,of runoff away from disturbed areas, protective=measures for=sensitive=areas,outlet protection and provision for revegetation or • mulching. The•erosionplan shall also;prescribe treatment:measures to trap sediment, such as inlet protection, straw bale barriers, strawmulching, straw wattles, silt fencing, check dams, terracing, and siltationr,or sediment ponds. HYDRO 4—Prepare and implement•anerosion control plan for constructio •of the Riverfront Park including:•use of hay bales or temporary silt fencing topreventinadvertent transport of sediments into the Petaluma-River; limiting.ground,disturbance•and vegetation removal during construction;conducting work prior to the rainy 'season; protecting;disturbed areas during the rainy season; and immediately revegetating'disturbed areas. HYDRO 5 — Prepare plans anddetailed.calculations for treatment of post-construction runoff for subsequent development phases over one:acre. Noise. Petaluma's'General:Plan indicates that;low-density residential land uses are considered normally acceptable in noise.environments of 60 dB CNEL/Ldn or less-and conditionally acceptable to 70 dB CNEL/Ldn._Multi-family residential.and hotels are considered normally acceptable in noise environments a 6 dB CNEL/Ldn of less and conditionally acceptabl'e,to 70 dB CNEL/Ldn. Office and commercial uses are considered normally acceptable environments of 70 dB CNEL/Ldn or less;and,conditionally"acceptable to about 77 dB'CNEL/Ldn. General Plan policy 10-P-3B discourages new noise-sensitive uses, primarily homes, in areas with projected noise levels greater than 65:dB CNEL:.Where such uses are permitted,_incorporation of mitigation measures are required to ensure,that interior noise levels do not exceed 45 dB CNEL. According to the General Plan ER, most^of the project site is subject to noise levels between 65 and 70+ dB CNEL{Map•3.9-1).The major noise source affecting.theTsite:is vehicular traffic on U.S. Highway 101. The highway is elevated in the project vicinity where it crosses over Lakeville Highway, the railroad, and the Petaluma River. The,'differential in elevation between the site and the highway substantially reduces the noise below what it would be if the site were at grade with the highway. The existing 24-hour average•noise,level on the project site rangesrfr'om a low of 57 dBA CNEL to a high of 64 dBA CNEL from north to south. Three to four hundred feet from the edge of the highway, the existing noise level on the project site ranges from• low of 59 dBA CNEL to a high€of 66 dBA CNEL Due to expected increases;overthe next 10-15`yearsdueto increased,traffic, noise levels at the project site are estimated as a maximum of 65-68 dBA CNEL within 400 feet of the highway in the northwestern corner of the site ranging down to 58-61 dBA CNEL in the southern portion of the site. The rail tracks that:border the site on the north currently carry freight traffic and in the future the Sonoma-Marin Area Rail Transit(SMART) system will provide commuter rail service as well Future noise levels_along•the rail corridor are estimated to reach'64;dBA Ldn at:a distance of 50 feet from the tracks,assuming a train speed of 50 mph through Petaluma. Additionally, train operators are required to sound a warning horn when approaching an at-grade crossing. The 13 Caulfield Lane%Hopper Street contain such an,at grade crossing. Train liorns'can.'generate noise levels of.90 to 100 dBA Lmax:50 feet from,the ttacks,Suekwarning devices are generally exempt from City;standards,for noise. Nonetheless;,noise.from train warning devices could be occasionally intrusive. The project intfoducesnoisesensitive receptors onsite that would be exposed to noise levels that exceed-normally"'aeceptable levels. Due to the ambient noiseenvironment, proximity to the rail corridor(including the at-grade crossing).and.Highway 101, noise attenuation features would be necessary to ensure that interior noise standards of 45 dBA or below are achieved. The _ nds measures such as mechanical ventilation equipment, thicker Riverfroni noise study recomme , - walls, stucco siding, building and`bedroom orientation, and small or no,windows facing noise emitter to achieve'thenoise,reduction...NOISE-1 requires that a design level acoustical report be preparedthatidentifies,the-necessary:noise:attenuation requirement to.achieve an interior noise level of 45:dBA for residenees, hotel, and office uses. Construction activities,will also generate'noise that could-be.potentially intrusive, especially in the event that new residences.orrsite are occupied while;construction>is still ongoing. As such, NOISE-2-requires corrstructionsched'uling, proper maintenance=and use mufflers, prohibition on idling and designation ofuthe.noise disturbance coordinator to ensure.the;temporary construction noise:impacts are reduced:to levels below significance. Mitigation measureNOISE-f and NOISE =2 would reduce potential noise exposure the impacts to future residents and employees to less than significant levels. NOISE 1 —Require:aniacoustical report`by a qualified acoustical specialistas part of subsequent development phases to determine.the;noise control treatments necessary for the residential buildings'and hotel to meet local and state interior sound standards. NOISE 2—Implement measures during all constructionactivities to reduce construction noise, including,limiting constructionliours,use of mufflers on heavy-duty equipment, prohibiting idling;,selecting quiet const'fuctibn equipment, designating a noise disturbance coordinator, and notifying residents on the construction schedule. Traffic an l,Circulation/Transportation Traffic conditions were measured for six scenarios:. existing conditions, existing.conditions plus project,baseline conditions;(those°projects approved and not yet complete''or with applications in the development process),;baseline conditions-plus project, future conditions (cumulative), and cumulative conditions plus project, which is the General Plan 2025:buildoutscenario. The traffic analyses found that the all existing study area intersections'are currently operating at acceptable levels of,service D:or better,during both the AM and;PM'peak,hours. (The Lakeville Street intersections with Washington Street and D Street currently operate at LOS D.) With the addition of project-traffic, these intersections would continueto operate at acceptable`levels of service, although delays would slightly increase, and the L'OS°at-the Lakeville Street/Caulfield Lane intersection would decrease from.0 to D. However, all intersections would continue to I4. operate at acceptable levels of service. Therefore potential impacts associated with LOS are less than significant. Access to the project site is provided from Hopper Street, primarily from its intersection with Caulfield Lane. As part of proposed project, Hopper Street, from Caulfield Lane to the project site, would be widen'd'to'45 feet to accommodate two travel lanes, landscaping, and pedestrian/bicycle access. A second point of access from East D Street is proposed to provide connectivity via Hopper Street through installation,of a short two-way road segment south of Old Lakeville Street that would connect EastD Street to Hopper Street. The internal network of streets consists of one primary north-south street and several minor north-south connections. Most onsite street's will provide onstreet,parking. The primary north-south street through the project site will provide_for the future extension of Caulfield Lane as forth in the City's General Plan.'The traffic report;recommends stop controls for some of the internal intersections, as well, which will be further reviewed by City staff and conditioned accordingly at the design level stage. Preliminary analysis indicates that internal streets andrecommended stop sign controls are consistent with CPSP standards and would be expeeted to provide for sufficient operation. The access and hazard design issues associated with the Riverfront project are considered to be less than significant,However, the cumulativeconditions require implementation of CUM-1 and CUM-2, which reduce impacts'to levels below significance. Although the project site is located is proximity to the Lakeville Highway/ US 101 interchange, traffic from the proposed project would result in changes to the volume-to-capacity ratio of less than 0.01, which is considered a less-than-significant impact. The project also includes'a`network of pedestrian facilities thatis`consistent with the Central Petaluma Specific Plan (CPSP) and City requirements, and would effectively tie into the regional pedestrian network. The project site is also accessible to transit services,including pedestrian . and bicycle connections to existing and future bus and rail facilities. No supplemental safety-measures:atthe Caulfield crossing are expected to be required for the Riverfront project, beyond those that may be required for SMART. If SMART rail service the supplemental safety measures that may be needed for it) is delayed to such an extent that the Riverfront project is built first, then the supplemental safety measures outlined for SMART may need to be implemented by the Riverfront project to avoid significant hazards from the at-grade crossing. In order to ensure"that;potential impacts associated with the rail"crossing,_located measure TRAF-1 requires installation of supplemental safety measures at the existing Caulfield Lane at- grade crossing including an additional,exit gate on the southwest'side'of the crossing to preclude vehicles from navigating around the entry gates to proceed eastbound on Caulfield Lane. TRAF 1 —Require that improvements to the Caulfield Lane at-grade crossing be implemented in the event that Riverfront comes online in advance of SMART. /S CUM I —Require paymentof the project's;pro-rata share of the cost of signalization at Hopper Street/Caulfield°Lanewhen an'extension'-of Caulfield Lane over the Petaluma River is completed. CUM 2—Lengthen the>westbound':left-turn pocket afLakeville Street/Caulfield Lane to approximately 250 feet, and install a"raised median on the'westbound;approach to physically prohibit illegal left turn movements into and out of adjacent properties. Impacts that are Significant and Unavoidable The DEIR did not identify anypotentially significant;impacts on«the environment that cannot be mitigated. As such there are no=significant and unavoidable impacts associated with the proposed Riverfront Mixed-Use Project. . Findings and Overriding Considerations CEQA Guidelines Section 15091 requires public agencies.to make one or more written findings for each of the significant environmental effects identified in an EIR in conjunction with project approval..CEQA Guidelines Section'15093 requires a statement,of overriding considerations for significant and unavoidable impacts; none have been identified so there is no statement of overriding consideration necessary for the Riverfront Mixed-Use Project. Growth,Inducing Impacts The project site is designated;MU-'tMixed Use in the General Plan and is located within the "Lower Reach" subarea Of the,Ceritral Petaluma Specific Plan, which allows'a variety of residential, commercial, retail, office,.:and.industrial uses consistent with the development regulations. The Central Petaluma Specific Plan Environmental,Impact Report (CPSP EIR) identified a potential for 2,716'new residential units in the "Lower Reach" subarea and the analysis'in the CPSP EIR was'based on a"cap" equal to 25% of.the overall maximum development potential, resulting=in atotal.of 679 residential units-in the subarea. Other than the project site, theionlyproperty designated for mixed use is the former City wastewater treatment site and corporation.yard to the north of the project site The remainder of the Lower Reach subarea is designated for "river dependent industrial"uses. It is expected that the residential build out estimated for thesubarea would occur primarily on the project site. The proposeddevelopment of 273±residantialunits is therefore well below the potential 679 residential units:that was estimated and analyzed for the project area in the CPSP EIR. The "Fiscal and Economic Impact Analysis" (PEIA) estimated that the project.would-produce 348 onsite workers. Given the,nature_of the uses (hotel, retail, and office), it is expected that these employees would be/drawn from the local area. Thus, the project would not indirectly foster population growth asa,result of new jobs. The population generated by the'project-is less than the development envisioned under the Central Petaluma Specific Plan arid the General Plan. Thus, the project'would not induce growth beyond what has already been anticipated. Analysis ofAlternatires The DEIR evaluated.threealtematives: The'"No;Project"'alternative, the "Modified,Subdivision Layout and the "Reduced Project Size' alternative and compared the environmental effects that might be associated with these hypothetical>alternatives to the proposed_project: The alternatives analysis;is intend'edto substantially reduce;or.avoid.significantenvironmental impacts. The proposed project did not identify any impacts that would remain significant after implementation of mitigation. As,such, the alternatives.do;not eliminate a'significant environment impact. Rather, alternatives have been,developed incompliance with CEQA to further reduce or avoid a mitigable impact. The.Alternatives discussion begins on page:5-l0 of the DEIR. Under the "No Project" alternative, which is required by, CEQA,;the proposed project would not be constructed and the site.would'remain:in its existing undeveloped condition. Under the "Modified Subdivision Layout' alternative the project layout would be-modified to provide for greater protection,of wetland and to create a greater distance-between the,rail corridor and.townhomes. Under,this alternative the play field and eight single-family homes would be removed, and the-3 northernmost townhomes would shiftto the south. Although the play field would be removed, a°smaller sized play area with playstructure could be accommodated. This alternativewas,developed to protect nearly 70% of the onsite drainage channel and provide.a,greater set back from the rail corridor. This:alternative would result in fill of 0.13 acres, which is less than the 0.24 acres of fill proposed under the proposed project alternative. No other project related-impacts would be substantially reduced under this alternative relative to the proposed project alternative. The "Reduced Project Size alternative was designed to provide wetland protection to 90% of the onsite wetlands:As with alternative 2 8 homes in.proximity to the drainage channel would be removed along with the playing field: Additionally, the southern project road would be relocated tcr north to provide further wetland protection and would result in the elimination of the southern row of single-family lots (#1-20). The office space'would be reduced by 10,000 square feet in order to avoid wetland fill at this location. The 3 townfiomes,nearest'the railroad would also,be eliminated under this alternative. Combined, Alternative 3 wouldprotect 0.21 acres of wetlands and require fill to 0.03 acres. This alternative would.also marginally reduce traffic and exposure fewer residences to geological hazards. No other project related impacts would be substantially reduced under`this,alternative-relative to the.proposed project alternative. Based on the evaluation in the DEIR, the "Reduced Project Size"alternative would be regarded as:the environmentally,superior,alternative because it would reduce the significant impact to jurisdictional wetlands and would result in some reduction in the severity of other significant impacts. However, this alternative would not eliminate any significant impacts ofthe project. Rather, it would reduce impacts to levels similar to what would_be accomplished under the proposed project alternatives with implementation of mitigation measures. PUBLIOCOMMENTS A Notice of Completion/Availability of the DEIR and Public.Hearing was published in the Argus Courier and`notices were sent to residents and property owners within 1,000 feet of the subject iqr property, as well as interested parties°who requested notification, and all individuals who commented on the Notice ofPreparation.,Notification was also filed°with the State Clearinghouse and the"Sonoma County Clerk. Copies of the DEJR and associated Appendices have been made available at the Petaluma Library, the Community Center, City Hall, and on the City s website. The General Plan and General Plan E1R and the.CPSP'.and CPSP EIR have also been made available for review at the City of Petaluma Community,Development,Department, Planning Division, located at 11 English Street in Petaluma. Additionally,;copies of the documents have been made available for purchase by the public.for the;cosfof printing. Written comments received prior to the distribution of the staff report arthattached. FINANCIAL IMPACTS The Riverfront Mixed Use Project is a cost recovery project with all expenses paid by the applicant. The City entered into a Professional Services Agreement with Strelow consulting for completion of the EIR and all expenses have been covered,through,the associated deposit by the applicant. ATTACI-IMENTS 1. DEIR.and.Appendices (hand`delivered on December 19 .2013) 2. Public comments on`DEIR 18 ATTACHMENT 2 From: Brian Way [mailto:beed"ubyoo @yahoo.com]' Sent: Wednesday,January 15,.2014,10:50 AM To: CDD Cc: petalumaplanning Subject: Riverfront comments I see that the issue of a river crossing,from_this development to Petaluma Blvd. South has been addressed. My question is .is itja requirement that it be built?`For'numerous reasons it should be a requirement:.safety and traffic relief among the most important.:Please tell me this will be a requirement for the development;to be'built. Sincerely, Brian Way rq