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HomeMy WebLinkAboutStaff Report 6.B 09/14/2015 Part 1DATE TO: FROM: Agenda Item #6.B September 14, 2015 Honorable Mayor and Members of the City Council through City Manager Scott Brodhun, Assistant City Manager Heather Hines, Planning Manager SUBJECT: Resolution Adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Petaluma Small Craft Center's Floathouse and Public Restroom Construction at Cavanagh Landing Park; Resolution Authorizing the City Manager to enter into Negotiations with the California State Lands Commission and Petaluma Small Craft Center. RECOMMENDATION It is recommended that the City Council adopt the attached Resolutions: • Adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Floathouse and Cavanagh Landing Park Restroom Project; and Authorizing the City Manager to Enter into Negotiations with the California State Lands Commission and Petaluma Small Craft Center for Agreements that would allow for the Use and Operation of the Floathouse Small Craft Rental Center within the Turning Basin and withing Cavanagh Landing Park located at 150 Weller Street and Authorizing the City Manager to enter into an Agreement with Petaluma Small Craft Center for the Construction and Donation of a Restroom for Cavanagh Landing Park contingent upon the Use and Operation of the Floathouse Small Craft Rental Center in the Turning Basin. BACKGROUND Project Description Floathouse The non - profit organization, Petaluma Small Craft Center (PSCC), proposes to construct and operate the Floathouse Small Craft Rental Center, a dock -based boat rental business within the Turning Basin. The project includes improvements to the ramp and gangway connecting the existing City dock to the Weller Street access point. The proposed Floathouse would introduce a new public dock that will be operated by the PSCC, as a southern extension of the existing City dock. The proposed project will supplement the existing City dock with the following improvements: (1) A low profile 120 -foot by 20 -foot Connect -A -Dock floating dock that extends from the westernmost limit of the existing City dock southward towards the main channel. The new low profile dock will be supported by approximately six to eight pile driven piers; and (2) A 22 -foot by 20 -foot floathouse office located on a 46 -foot long by 36 -foot wide floating dock attached at one end to the existing City dock. Cavanagh Landing Park Restroom The project also consists of improvements at the adjacent Cavanagh Landing Park. This component of the project includes a 143 square foot handicap accessible restroom and proposed shower facility adjacent to the existing parking area within a currently unpaved area of Cavanagh Landing Park. The restroom facility is 10' -6" wide by 13' -6" long, and a building height of 13 feet. Improvements would require the removal of one established ash tree in order to accommodate the new bathroom facility. Concrete sidewalk pavers would be added to Cavanagh Landing Park to provide seamless connection from the parking area to the proposed facility, the existing public bench, and ramp to gangway. A bicycle parking rack will also be installed within Cavanagh Landing Park. A more detailed discussion of both components of the project is included in the Planning Commission staff report (Attachment 4). Advisory Committee Review The project has been reviewed by the Petaluma Bicycle and Pedestrian Advisory Board, the Recreation, Music and Parks Commission, and the Planning Commission, as summarized below. Pedestrian and Bicycle Advisory Committee On June 4, 2014, the Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the proposed project and provided recommendations to staff. The Committee generally, supported the project and recommended that bike racks be included in the project and that a second bathroom be provided if possible. A bike rack has been included in the revised project plans (Attachment 10). Recreation, Music, and Parks Commission On June 18, 2014, the Recreation, Music and Parks Commission reviewed the proposed project, including both the Floathouse and the floating dock for informational and contextual purposes, and the Cavanagh Landing Park Restroom for formal recommendation to the Council. At their meeting the Commission expressed strong support for a restroom within the park and in proximity of the Turning Basin. The Commission also expressed a strong preference for 2 restroom units, rather than a single unit, and shower, with a suggestion that the applicant consider plumbing the restrooms for future shower use and/or including an outside shower. As well, the Commission sought assurance that the improvements would align with street and pedestrian access improvements described in the Station Area Plan. The Commission approved a motion recommending City Council support of the park restroom with the following recommendations: • Include two uni -sex restrooms with consideration given to an outside shower facility • Prepare a graphic illustrating the restroom in relationship to the Traverse Road in the Station Area Plan 2 ® Implementation of the Bicycle and Pedestrian Advisory Committee recommendation for bike racks. The restroom facility has been preliminarily sited towards Weller Street, just to the inside of existing parking. the PSCC has created a graphic showing the restroom from several vantage points to provide a greater clarity of its location and place within the neighborhood. Although provision of an outside shower facility was discussed, it was ultimately not included in the proposed project due to operational concerns. Planning Commission On May 26, 2015 the Planning Commission reviewed the project and the associated environmental document and approved Resolution 2015 -XX recommending City Council approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. The Planning Commission requested clarification of a few items related to the environmental review which have subsequently been included in the Response to Comments (Attachment 8) and prepared as part of the formal package for adoption by the City Council. Although the Planning Commission did not have clear decision making authority over the design or operation of the floathouse due to its location on property owned by the State Lands Commission or the restroom due to its location within a City park, the Commission did complete a thorough review of the project as a whole and was supportive of the project. DISCUSSION Consistency Staff completed a fall consistency analysis prior to the Planning Commission hearing (pages 6 -8, Attachment 4). Several adopted policy documents, including the General Plan, River Enhancement Plan, Petaluma Specific Plan, and the SMART Station Area Master Plan have clear policy direction regarding development within or adjacent to the Petaluma River. The project as proposed is consistent with applicable policies from these documents and successfully incorporates many elements of the City's vision for the river as a public amenity. Environmental Review Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (MND) was prepared for the project in compliance with CEQA guidelines. The potential for significant impacts was identified in the following categories: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Noise. The MND found that all potential project impacts are able to be mitigated to a level below significant. All mitigation measures were agreed to by the applicant and incorporated into the project Initial Study. The IS/MI\tD was published for public comment and circulated for a period of 30 days beginning on April 23, 2015 and ending May 26, 2015. A more robust discussion of the Initial Study is outlined in the Planning Commission staff report (pages 8 -11 of Attachment 4). a During the Public Review period, the City received comments from the California Department of Fish and Wildlife (CDFW), the State Lands Commission (SLC), and Sonoma -Marin Area Rail Transit (SMART). All written comment letters are included in Attachment 7. Verbal comments were also provided by members of the Petaluma Planning Commission during the public hearing held on May 26, 2015. Comments received on the IS/MND relate to biological resources, water quality, and river accessibility. All comments (both written and oral) that directly related to the adequacy of the environmental document were considered and itemized responses to comments have been developed (Attachment 8). The IS/MND and MMRP are included in Attachment 6 and Attachment 9. Taken together, the Draft IS /MND, response to comments, and the MMRP constitute the Final IS/MND for the project. State Lands Lease The City has a current lease with California State Lands Commission for the area known as the Turning Basin. The existing lease was executed in 1982 and was drafted as a 45 year lease with the state. The existing lease covers municipal use and public docks within the turning basin. PSCC recently submitted an application to State Lands to amend the City's lease to allow the floathouse rental center within the Turning Basin. Subsequent discussion with representatives from State Lands has indicated a desire to execute a new lease between the City of Petaluma and State Lands that would cover the City's sublease to PSCC for the associated commercial activity of the floathouse rental center. At this time the specifics of all lease terms have not been clarified and therefore staff is requesting the Council's authorization for the City Manager to negotiate a new lease to accommodate the floathouse project within the Turning Basin. Staff would return to the Council for subsequent approval of the lease and all associated terms of the new lease. Concurrent with the lease, staff would return to the Council with the license and professional services agreement between the City and PSCC. Restroom Construction and Dedication As part of an on -going discussion with the City of Petaluma, the PSCC has proposed to construct and subsequently dedicate a restroom structure within the nearby Cavanagh Landing Park. The restroom would be publicly accessible to users of the boat rental center, other users of the existing City docks within the turning basin, and users of the existing public park. It is recommended that the City Council authorize the City Manager to negotiate and enter into necessary agreements with the PSCC to construct and then gift to the City a public restroom building located on City property. However, the construction and the dedication of the restroom is contingent upon the City being able to renegotiate the lease with the State Lands Commission, and the City and PSCC entering into a license and operation agreement regarding the use and operation of the Floathouse in the Turning Basin. Current plans call for the restroom facility to be constructed adjacent to the existing parking area within a currently unpaved area of Cavanagh Landing Park requiring the removal of one established ash tree. Community feedback subsequent to the Recreation, Music and Parks "1 Commission meeting suggests that in the alternative, the restroom could be located on the existing hard surface parking area and that loss of the 2 spaces could be easily accommodated on the street frontage of the park. Maintenance of the restroom would be undertaken by the City, with custodial services provided as part of the regular, contracted maintenance schedule. Depending on use, there will likely be a need for a periodic higher frequency of cleaning, and intermittent janitorial services would be provided by PSCC. As well, as with any restroom situated in a public park, security will be required. The City can place restroom security on its schedule of restroom closing and lock up in the evening, however PSCC will have a role in this regard as well, and would be relied upon to provide opening and closing services at other periods of time as determined necessary. Considering the aforementioned, the agreement to be negotiated will necessarily include language that identifies the specific location within the park for construction of the restroom, and the Recreation, Music and Parks Commission will be engaged to provide input in that regard. As well, the agreement must also identify the specific maintenance and security responsibilities assigned to each party. Finally, the agreement will provide for dedication of the facility to the City upon completion. PUBLIC COMMENT Public comment received at each of the Advisory Committee meetings has been supportive of the project. Through the PSCC, the occupants of the neighboring River House have expressed concern regarding potential impacts associated with the use of the restroom within Cavanagh Landing Park. The Parks Maintenance Division currently contracts for the services of private security to close and lock specific restroom facilities in the evening, and park staff have identified that this facility would be subject to such security. As well, PSCC has expressed a willingness to provide additional security and janitorial services. By placing the facility on the route for security lock -up, and with a maintenance and security partner operating with close proximity of the facility, problems that arise should be quickly mitigated. FINANCIAL IMPACTS Costs associated with processing the application to date have largely been pro bono hours by City staff and M -Group in addition to limited cost recovery funds submitted by the Petaluma Small Craft Coalition. To proceed with lease negotiations with State Lands the City will be required to submit a processing deposit of $2,000 from which state staff will charge time and materials to process the new lease. Additionally, the new lease will establish an annual fee associated with the commercial activity generated by the Floathouse. The most recent estimate of that lease amount provided by State Lands is not to exceed $6,000 per year. Staff anticipates that there will be continued discussion of annual lease amount as part of the overall lease negotiations. ATTACHMENTS 1. Resolution Approving Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program I 2. Resolution Authorizing Negotiations with the State Lands Commission and PSCC regarding the Floathouse in the Turning Basin and Authorizing Execution of an Agreement with PSCC regarding the construction and donation of restroom facility 3. Planning Commission staff report 4. Planning Commission Resolution 2015 -17 5. Initial Study/MND 6. Public Comment Letters 7. Agency Comments/Response to Comments 8. MMRP 9. Project Narrative, submitted by PSCC 10. Project plans RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE FLOATHOUSE SMALL CRAFT RENTAL CENTER AND CAVANAGH LANDING PARK RESTROOM PROJECT LOCATED AT 150 WELLER STREET AND PETALUMA TURNING BASIN APN: 007 - 142 -018 WHEREAS, Greg Sabourin of the Petaluma Small Craft Center has requested approval of the Floathouse Small Craft Rental Center and Cavanaugh Landing Park Restroom Project located within the Turning Basin and within Cavanaugh Park located at 150 Weller Street and consisting of a new floating rental center office and docks on the Petaluma River and a new public restroom and shower facility within Cavanagh Landing Park; and WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the program EIR for the City of Petaluma General Plan 20205, certified on April 7, 2008 (General Plan EIR) by with the adoption of Resolution No. 2008 -058 N.C.S., which is incorporated herein by reference; and, WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and, WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines §§15162 and 15163 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and, WHEREAS, on April 23, 2015, the City published a Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study which was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; the Notice of Intent provided for a 30 -day public comment period commencing April 23, 2015 and ending May 26, 2015 and a Notice of Public Hearing to be held on May 26, 2015 before the City of Petaluma Planning Commission; and WHEREAS, pursuant to the analysis in the Initial Study, the Project does not make a considerable contribution to the significant and unavoidable cumulative traffic and /or noise impacts identified in the General Plan 2025 EIR because of its small size; and, WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the Bay Area Air Quality Management District (BAAQMD) recently adopted CEQA Guidelines and 2010 Clean Air Plan, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impact found to be significant and unavoidable in the General Plan 2025 EIR, because of the Project's small size and lack of significant stationary sources of emissions; and, Pagel of 3 WHEREAS, the Planning Commission held a duly noticed public hearing on May 26, 2015, at which time the Commission considered the MND, Initial Study and supporting documentation referenced therein, the Project, and Staff Report dated May 26, 2015 and received and considered all written and oral public comments on environmental effects of the Project which were submitted prior to and at the time of the public hearing; and WHEREAS, on May 26, 2015 the Planning Commission completed its review of the Project, the MND, and a Mitigation Monitoring and Reporting Program and recommended adoption of the MND and Mitigation Monitoring and Reporting Program; and WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the City Council held a duly noticed public hearing on September 14, 2015 during which the Council considered the Project, the Initial Study /MND and supporting documentation referenced therein, and received and considered all written and oral public comments on the environmental effects of the Project which were submitted prior to and at the time of the public hearing; and WHEREAS, the MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952, Attention: Heather Hines; and NOW THEREFORE, BE IT RESOLVED that the City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Floathouse Small Craft Rental Center and Cavanagh Landing park Restroom Project based on the following: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on the review of the entire record herein, the City Council makes the following findings: 1. The Project is consistent with the Floodplain and City Park land use designations because the project includes a floating dock for river related activity and a public restroom within the existing Cavanagh Landing Park. 2. The Project is, for the reasons discussed in the May 26, 2015 Planning Commission staff report, consistent with the following General Plan policies: 1 -P- 43 (River Orientation); 1 -P -44 (Accessibility to River); 1 -P -45 (Public Access Along River); 2 -P -12 (Pedestrian Access to River); 2 -P -57 (Connections to River); and 6- P -1(k) (Small Craft Center). The Project is, for the reasons discussed in the May 26, 2015 Planning Commission staff report, consistent with the goals and objectives outlined in the River Enhancement Plan in that it provides a unique recreational use of the river Page 2 of 3 L -Z as a way to enliven downtown, creates access to the water's edge, and contributes to the creation of the Turning Basin as a central recreational area. 4. The Project is, for the reasons discussed in the May 26, 2015 Planning Commission staff report, consistent with goals, objectives, and policies of the Central Petaluma Specific Plan that call for increased river access, encouraging water - oriented recreational activities, and promoting a greater focus on the Turning Basin as a unique part of the River. 5. The Project is, for the reasons discussed in the May 26, 2015 Planning Commission staff report, consistent with goals and policies outlined in the Petaluma SMART Rail Station Area Master Plan that call for enhanced recreational opportunities in the Turing Basin and strengthened water access connections to Cavanagh Landing Park. C. Based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. D. The Mitigation Monitoring and Reporting Program, included as Exhibit A, is hereby adopted. Implementation of the mitigation measures included therein mitigates or avoids significant environmental effects. Page 3 of 3 1-3 ATTACHMENT 2 RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH THE CALIFORNIA STATE LANDS COMMISSION AND PETALUMA SMALL CRAFT CENTER FOR AGREEMENTS THAT WOULD ALLOW FOR THE USE AND OPERATION OF THE FLOATHOUSE SMALL CRAFT RENTAL CENTER WITHIN THE TURNING BASIN AND WITHIN CAVANAUGH PARK LOCATED AT 150 WELLER STREET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PETALUMA SMALL CRAFT CENTER FOR THE CONSTRUCTION AND DONATION OF A RESTROOM AT CAVANAUGH LANDING PARK CONTINGENT UPON THE USE AND OPERATION OF THE FLOATHOUSE SMALL CRAFT RENTAL CENTER IN THE TURNING BASIN APN: 007 -142 -018 WHEREAS, pursuant to Division 6 of the California Public Resources Code, the California State Lands Commission has jurisdiction over the area referred to as the Petaluma Turning Basin located adjacent to 150 Weller Street, Petaluma, California, in the Petaluma River ( "Turning Basin "); and WHEREAS, in 1982, the City of Petaluma ( "City "J ") entered into a lease with the State Lands Commission to allow for the City to operate and maintain municipal docking and landing facilities for the public benefit at the Turning Basin ( "Lease "); and WHEREAS, Greg Sabourin of the Petaluma Small Craft Center has requested approval of the Floathouse Small Craft Rental Center and Cavanaugh Landing Park Restroom Project located within the Turning Basin and within Cavanaugh Park located at 150 Weller Street and consisting of a new floating rental center office and docks on the Petaluma River ( "Rental Center ") and a new public restroom facility within Cavanagh Landing Park ( "Restroom ") (collectively referred to as "Project "); and WHEREAS, the Restroom is to be located at Cavanaugh Landing Park, and sited on City owned property; and WHEREAS, the Applicant has offered to construct and dedicate the Restroom to the City and to assist the City in maintaining and securing the Restroom, in exchange for the non- exclusive right for use of the Restroom by its employees, agents, guests, and invitees of the Rental Center; and WHEREAS, the Rental Center is to be located in the Turning Basin, and sited on property leased by the City from the California State Lands Commission; and WHEREAS, the Lease does not allow the City to sub -lease the Turning Basin to any third -party to operate a use similar to the Rental Center; and WHEREAS, the City Council held a duly noticed public hearing on September 14, 2015 during which the Council considered the Project, the Initial Study /Mitigated Negative Declaration and supporting documentation referenced therein, and received and considered all written and oral public comments on the environmental effects of the Project which were Page 1 of 2 submitted prior to and at the time of the public hearing; and WHEREAS, at the conclusion of the public hearing on September 14, 2015, the City Council adopted Resolution No. XX, approving the Mitigated Negative Declaration and adopting a Mitigation and Monitoring Program for the Project; and WHEREAS, the construction and operation of the Project is contingent upon the Applicant receiving permission to use and operate a business on property that is owned either by the City or the California State Lands Commission; and WHEREAS, the City desires to facilitate construction and operation of the Project as contemplated in the Mitigated Negative Declaration and accompanying Mitigation Monitoring Program; and NOW THEREFORE, BE IT RESOLVED by the City Council for the City of Petaluma as follows: A. The foregoing recitals are true and correct and incorporated herein by reference. B. The City Manager or his delegate is hereby authorized to enter into real property negotiations to enter into a new lease with the California State Lands Commission to allow for the construction and operation of the Project as contemplated in the Mitigated Negative Declaration; and C. The City Manager or his delegate is hereby authorized to enter into negotiations with Petaluma Small Craft Center to develop the terms and conditions under with the City will allow for the use and operation of the Turning Basin for the Rental Center, contingent upon the City entering into a lease with the California State Lands Commission that would allow such use and operation; and D. The City Manager is hereby authorized to enter into an agreement with Petaluma Small Craft Center for the construction and donation of the Restroom at the Cavanaugh Landing Park, contingent upon the Rental Center being an allowed use and operation in the Turning Basin. 2 - �- Page 2 of 2 DATE: May 26, 2015 TO: Planning Commission FROM: Heather Hines, Planning Manager ATTACHMENT 3 SUBJECT: Floathouse Small Craft Rental Center /Cavanagh Landing Park Restroom Turning Basin/150 Weller Street RECOMMENDATION It is recommended that the Planning Commission approve a resolution recommending to the City Council approval of a Mitigated Negative Declaration/Initial Study for the Floathouse /Cavanagh Landing Park Restroom project. Additionally, it is recommended that the Planning Commission review and provide feedback for the City Council to consider related to design of the Cavanagh Landing Park Restroom located at 150 Weller and design and operational characteristics of the Floathouse Small Craft Rental Center within the Turning Basin. BACKGROUND Project Location The project is made up of two distinct components, the floathouse located within the Turning Basin and the restroom facility located within the existing Cavanagh Landing Park at 150 Weller Street. The project area is bounded by East Washington Street to the north, Weller Street to the east, D Street to the south and Petaluma River to the west. Surrounding uses proximate to the project site include vacant land, the River Plaza Shopping Center, restaurants and parking. Project Description Floathouse I The non- profit organization, Petaluma Small Craft Center (PSCC) proposes to construct and operate the Floathouse Small Craft Rental Center, a dock -based boat rental business within the Turning Basin. The project includes improvements to the ramp and gangway connecting the existing city dock to the Weller Street access point. The proposed Floathouse would introduce a new public dock that will be owned and operated by the PSCC, as a southern extension of the existing City dock. The proposed project will supplement the existing City dock with the following improvements: 1. A low profile 120 -foot by 20 -foot Connect -A -Dock floating dock that extends from the westernmost limit of the existing City dock southward towards the main channel. The new low profile dock will be supported by approximately six to eight pile driven piers; and 2. A 22 -foot by 20 -foot floathouse office located on a 46 -foot long by 36 -foot wide floating dock attached at one end to the existing city dock. Cavanagh Landing Park Restroom The project also consists of improvements at the adjacent Cavanagh Landing Park. This component of the project includes a 143 square foot handicap accessible restroom and shower facility adjacent to the existing parking area within a currently unpaved area of Cavanagh Landing Park. The restroom facility is 10' -6" wide by 13' -6" long, and a building height of 13 feet. Improvements would require the removal of one established ash tree in order to accommodate the new bathroom facility. Concrete sidewalk pavers would be added to Cavanagh Landing Park to provide seamless connection from the parking area to the proposed facility, the existing public bench, and ramp to gangway. A bicycle parking rack will also be installed within Cavanagh Landing Park. Figure 1: Project Site 2 Modifications to the access ramp at Cavanagh Landing Park onto the existing City dock will provide improvements that meet the ADA standards for accessible design specific to recreational boating facilities. Architecture The proposed Floathouse Small Craft Rental Center represents a modern craftsman style, with a predominantly "Zinc Gray" color for the metal siding, and "Patriot Red" metal base color. The roof form of the Floathouse is relatively flat with a low slope, and includes a pop -up metal window (lantern copula) on the top. Proposed exterior lighting is a Poulson Dock Light that will cast light downward. The proposed restroom and shower facility at Cavanagh Landing Park will be constructed of corrugated torten siding, fiberglass roof panels, metal doors and a frosted glass window, and exhibits a simple gable roof. This small building will be placed adjacent to the existing paved parking area and existing park bench where the current portable restroom sits, and will require the removal of one Raywood Ash tree. The location provides ease of access to ramp, gangway and public docks. Proposed exterior lighting includes modem/industrial light fixtures with a marine character, made of metal and glass. Figure 2: Proposed Floathouse Architecture Figure 4: Floathouse Small Craft Rental Center Rendering Figure 4: Proposed Colors and Materials Floathouse Materials: Restroom Materials: CAVANAGH 4ANDING PAVrI pi VIPE�t7lA /AA9E�1LA15 C- C.+.. €.1®.twr 114N r ru.e Activities and Operations At operation, the Floathouse will provide non - motorized watercraft rentals including paddling, pedaling and rowing boats. Rental boats will be stored on the shoreward side of the low profile dock leaving the water -side of the docks clear for boat launching and retrieval. A safety launch and ten passenger electric boat(s) will be docked along the water- side-of the Floathouse office dock. Ancillary rental equipment including floatation devices, oars, paddles and other equipment will be stored within the Floathouse office storage areas. As proposed, the Floathouse rental office will operate from 9:00 a.m. to dusk, 7 days per week during summer months, with reduced hours during the spring and fall. During the winter, the Floathouse will operate only during weekends and holidays. Once constructed, the new public shower and bathroom will be dedicated to the City for operation and maintenance. Restroom access and maintenance will be added to the City's standard schedule. The restroom facility will be opened and closed each day in accordance with the City's schedule. It is proposed that the shower facility will be controlled with key or code access. Advisory Review Committees Recreation, Music, and Parks Commission On June 18, 2014, the Recreation, Music and Parks Commission reviewed the proposed project, including both the Floathouse and the floating dock for informational and contextual purposes, and the Cavanagh Landing Park Restroom for formal recommendation to the Council. At their meeting the Commission approved a motion in support of the park restroom with the following recommendations: • Include two uni -sex restrooms with consideration given to an outside shower facility • Prepare a graphic illustrating the restroom in relationship to the Traverse Road in the Station Area Plan • Locate the restroom facility as close to the road as possible Pedestrian and Bicycle Advisory Committee On June 4, 2014, the Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the proposed project and provided recommendations to Staff. The Committee generally supported the project and recommended that bike racks be included in the project and that a second bathroom be provided if possible. DISCUSSION Role of Planning Commission The land beneath the Turning Basin is owned by the State Lands Commission. The City has an existing lease with State Lands for the area of the city docks and for the expressed purpose of public docking and landing facilities. Because the Turning Basin is owned by the State, the project is not subject to local land use ordinances, including Site Plan and Architectural Review or Conditional Use Permit. To accommodate the project, the City will either need to amend the existing 1981 lease or enter into a new lease with the State Lands Commissions to allow for the project. It is anticipated, that the City and the project applicant, would then enter into a license to allow the project applicant to operate the project. Both the agreement between the State and the City, and between the City and the project applicant require CEQA review. The State Lands provided written authorization for the City of Petaluma to act as the lead agency for the environmental document with State Lands acting as a responsible agency. The restroom facility is a modification to an existing city park on land owned by the City of Petaluma. Review procedures for park facilities separate from a larger private development project is recommendation by the Recreation, Music, and Parks Commission and decision making authority by the City Council. -3— 5 Because the Planning Commission is not the decision making body for the Floathouse or the restroom facility the Commission's purview is to provide comments and feedback that will be presented to the City Council for their consideration. The City Council may consider this feedback to develop the terms and conditions of any agreement between the City and the project applicant. Future Council Consideration The City Council's discretion will be to review the restroom facility and the lease and /or license agreement with Petaluma Small Craft Coalition. The Council will also be the decision making body on the associated environmental review document. Comments and/or conditions recommended by the Planning Commission will be presented to the Council for consideration and inclusion in those future approvals as appropriate. General Plan The project site spans two land use designations per the General Plan: Floodplain and City Park and is surrounded on all sides by the Mixed Use designation. The Floodplain overlay is shown on the Land Use map where the Floathouse Small Craft Rental Center is to be constructed, representing lands subject to periodic inundation in a 100 -year storm event as defined by the FEMA Flood Insurance Rate Maps. The restroom and shower facility component of the project located at Cavanagh Landing Park is designated City Park. The General Plan. goals, policies and programs that are supported by the Project include encouraging development that incorporates the River as a major design focal point; encouraging river amenities for recreational users such as ramps, steps, and docks; and most importantly, developing a public multi -use, small -craft center providing a venue for recreational and competitive small boaters. The Floathouse Small Craft Rental Center & Cavanagh Landing Park Restroom Project is particularly consistent with the following policies outlined in the General Plan: Policy 1 -P -43: Development shall incorporate the River as a major design focal point, orienting buildings and activities toward the River and providing water access, to the extent deemed feasible. The proposed Floathouse Small Craft Rental Center utilizes the Petaluma River as a focal point as the nature of the use is dependent upon the River itself and all project- related activities to occur will be on and directly adjacent to the water. With the extension of the existing City dock, and improvements to the ramp and gangway in order to meet ADA standards, increased opportunities to access the River would be realized as a result of the project. Policy 1 -P -44: Develop the Petaluma River as a publicly - accessible green ribbon, fronted by streets, paths, access points, and open spaces, by implementing the Petaluma River Access and Enhancement Plan within the context of the PRC Design Standards. The project maximizes access to the Petaluma River corridor by 3 -6 providing additional physical access amenities and by enhancing the aesthetics of the Turning Basin through conscious site and building design. The Floathouse structure is sited within the Turning Basin, and adjacent to existing City docks, which allows for the preservation of sight lines from surrounding developed areas (e.g. Golden Eagle Shopping Center /River Plaza and Weller Street) to the River greenway. Policy 1- P -45:, Development along the River shall include the creation and maintenance, in perpetuity, of public access sites. Amenities provided may include ramps, steps, docks or other means of access to the water. The project includes improvements to public access amenities within the Turning Basin, such as upgrading the ramp /gangway at Weller Street to be 14DA compliant, providing a public restroom/shower facility for recreational users, and extending water access at the existing City docks. Policy 2 -P -12: Support the establishment of pedestrian access to the River, including the provision of a facility to allow launching of small, lightweight waterborne craft. The Floathouse Small Craft Rental Center will specifically meet this General Plan policy by providing increased public access to the River and providing opportunities for boat launching from the Turning Basin. Policy 2 -P -57: Foster connections to the river from surrounding areas and ensure that new development adjacent to the river is oriented toward it. The project .directly relates to the river environment through the building's orientation, design, and proposed use. Policy 6- P -1(K): Explore opportunities fox the development of a public multi -use, small -craft center providing a venue for recreational and competitive small boaters (e.g. rowing shells, outrigger canoes, kayaks, traditional wooden boats, and other human and sail powered watercraft) on the Petaluma River. The proposed project will also specifically meet this General Plan policy, which will assist the City in meeting its goals of developing additional recreational facilities, particularly in areas where new growth is proposed. River Enhancement Plan The project site is located within the boundaries of the Petaluma River Access Enhancement Plan (River Plan), which identifies the Turning Basin as the centerpiece. It includes goals and objectives for river access, highlighting the unique recreational uses of the river as a way to `' °- 7 enliven the downtown and make it a more interesting place to be. The River Plan also encourages the creation of access points to the water's edge for access by boat and other water craft, as well as other river - related recreational and docking facilities. Development within the area should contribute to the creation of a large outdoor gathering place where the Turning Basin functions as a central recreational area. Central Petaluma ,Specific Plan The project is located within the boundaries of the Central Petaluma Specific Plan (CPSP). The CPSP outlines goals, objectives and policies for the central downtown area of Petaluma, some of which are particularly relevant to the project. For instance, the Public Access and River Access chapter outlines goals to increase river access by creating a continuous link of public spaces along the river shoreline and encouraging water - oriented recreational activities. Specifically, it discusses how water - oriented recreational activities may include contemplation, quiet viewing and walking, as well as a variety of boating sports, such as sailing, motoring, kayaking and sculling (Areawide Goal 1). For the Turning Basin area, one of the overarching goals is to promote a greater focus on this unique part of the Petaluma River, such as developing a role for this area that serves lively public uses on a daily basis (Policy 1.2), in addition to special events and activities. Petaluma SMART Rail Station Area Master Plan The project site is also located within the boundaries of the Petaluma SMART Rail Station Area Master Plan, and would achieve many of the goals and policies outlined therein. The Master Plan emphasizes walkability and the introduction of mixed use with enhanced recreational opportunities within the downtown turning basin. The proposed project would meet this objective by introducing a recreational amenity that would contribute to the Turning Basin serving as a waterborne - activity hub. As seen on the map in §4.50.050 "Open Space and Civic Space Regulating Plan Downtown Station Area ", there are four (4) existing /desired access points to the water at the Turning Basin. The proposed project would help strengthen the water access connection at Cavanagh Landing Park to the existing City docks through ramp /gangway improvements and the addition of a public restroom/shower facility for recreational users. Furthermore the development of the Floathouse would provide an enhanced experience for people visiting the area by providing additional recreational opportunities and activity- watching for bystanders. ENVIRONMENTAL REVIEW Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study of potential environmental impacts was prepared by staff. The Initial Study did not identify any significant and unavoidable impacts as a result of the proposed project and therefore does not require the preparation of an Environmental Impact Report (EIR). Rather, a Mitigated Negative Declaration (MND) is the appropriate level of analysis and has been prepared consistent with CEQA guidelines and published for public comment. The City Council is the decision making body on the MND and Mitigation Monitoring Program. The MND finds that all potential project impacts are able to be mitigated to a level below significant. Mitigation measures to avoid, reduce to levels below significance, or compensate for the environmental impacts are identified in the following areas: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Noise. Mitigation measures have been agreed to by the applicant and incorporated into the project Initial Study (Attachment B). Aesthetics As a structure on water, the Floathouse could introduce a new source of light that could affect aquatic species. However, the proposed hours of operation for the Floathouse are mainly limited to daytime hours. During the evening, the internal lights of the Floathouse and exterior lights could result in increased level of luminance at the water surface if not properly shielded and downcast. Similarly, the proposed restroom building will have both interior lighting as well as exterior lighting, which could slightly 'increase luminance during the evening relative to the ambient condition. In order to address these potential impacts associated with visual resources mitigation measures are required to assure that light and glare are reduced to levels below significance. Air Quality Air quality emissions associated with the proposed project would result from short -term construction activities and long -term operations. However, emission generated by the project would be well below established thresholds of significance. Construction of the project has the potential to emit minimal air contaminants from running equipment and associated vehicles at the site. Construction activities may result in air quality emissions generated by the use of heavy - duty construction equipment, pile driving, transport of materials, and workers commuting to and from the project site. In order to ensure that potential impacts due to emission of air quality pollutants are minimized, Basic Construction Mitigation Measures shall be implemented by the applicant. Biological Resources The Biological Resources Assessment evaluated potential impacts to biological resources of the Petaluma River and Cavanagh Landing Park. Although the proposed project is limited in scope and* scale, construction activities and operation of the project has the potential to result in potentially significant impacts to fish species that are protected by the CDFW and the National Marine Fisheries Service (NMFS). Additionally, the project has the potential to impact bird species including those that are protected .under the Migratory Bird Treaty Act. With the implementation of mitigation measures, potential impacts to fish and bird species will be reduced to less than significant levels. The proposed project will introduce between 6 and 8 timber piles into the Turning Basin that will serve to permanently support the new dock and Floathouse, which are typically treated with creosote or some similar product to protect the timber from water damage. In order to ensure that leaching of products fiom timber piles does not result in impacts to biological resources, mitigation measures are required to assure new piles shall be wrapped with suitable materials to prevent the leaching of wood preservatives into the water. Construction of the proposed project has the potential to result in temporary impacts to nesting birds from noise generated by pile driving within the nesting season (between February 1 and August 31). Since the proposed project has the potential to result in potentially significant impacts to bird species, mitigation measures are required to reduce potential impacts to sensitive bird species by protecting nesting birds during construction and protecting sensitive habitat during operation. Additionally, mitigation measures are provided to ensure that fish do not come into contact with potentially harmful substances associated with wash -down of boats and equipment, and to ensure boaters keep an appropriate buffer distance from nesting or roosting birds as well as sensitive coastal brackish marsh habitat. Coastal Brackish Marsh habitat is located along the fringes of the Turning Basin. In total this habitat community occupied less than one acre within the study area. Coastal Brackish Marsh habitat will not be impacted by the proposed project during construction since installation of the new dock and Floathouse will occur within the open waters of the river. Although direct impacts to Coastal Brackish Marsh habitat will not occur during construction, indirect impacts from increased sediment the project has the potential to affect this wetland community. Implementation of mitigation measures ensure that sediment disturbance associated with pile driving be minimized through the installation of a siltation screen. The project site does not provide suitable spawning, nesting or roosting habitat for migratory species including fish and birds. However, the Turning Basin may provide suitable foraging or rearing habitat for juvenile special - status fish and/or adult fish that may be migrating through the project area in November and June. All potential impacts to migrating species will be reduced to levels below significance through implementation of mitigation measures. Cultural Resources The project site includes undisturbed land located along the bank of the Petaluma River, which has an elevated potential for the occurrence of archeological resources. However, a mitigation measure is required in order to ensure that should any buried archeological resources be encountered during construction, all ground disturbing activity shall be halted immediately until a qualified archaeologist can evaluate the artifact and recommend further action. No evidence suggests that human remains have been interred within the boundaries of the project site. However, in the event that during ground disturbing activities human remains are discovered impacts could be potentially significant. In order to ensure that impacts are reduced to levels below significance in the event that human remains are encountered, all requirements of state law pursuant to CA Health and Safety Code Section 7050.5 shall be duly complied with pursuant to mitigation measure CUL -3. Additionally, there is the potential for discovery of paleontological or unique geological resources. A mitigation measure is required to ensure that proper procedures are followed in the event of discovery; thereby reducing potential impacts to paleontological resources to levels below significance. Geology and Soils The proximity of the City's UGB to the Hayward- Rodger's Creek Fault Zone places it within Zone VIII - Violent of the Modified Mercalli Intensity Shaking Severity Level. By virtue of its location, new structures onsite may be exposed to strong seismic ground shaking. Both the primary and secondary effects of seismic activity pose a potential risk of loss of life or property. Mitigation measures outlined in the MND require that the project components comply with the California Building Code regulation for seismic activity. Adherence of design and construction techniques consistent with 2013 Building Code Regulations will ensure that the proposed project -:� 10 does not expose people or structures to potentially substantial adverse effects, including the risk of loss, injury, or death as a result of seismic activity. Hydrology and Water Quality The project would not disturb more than one acre of land and therefore is not subject to compliance with the General Permit for discharges of stormwater runoff and does not trigger the need for a Stoim Water Pollution Prevention Plan (S)APPP). The project does not propose dewatering activities, nor will it discharge stormwater runoff to a sanitary sewer. An impact hammer may be required for the installation of up to 8 timber piles, which can cause disturbance to bottom sediment and potentially increase turbidity. The project's effect of disturbing sediment has the potential to affect water quality. An included mitigation measure will ensure that adverse effects to water quality associated with sediments disturbance and increased turbidity within the water column will be reduced to level below significance. Construction activities on land, at Cavanagh Landing Park have the potential to result in the release of construction debris, fuels or lubricants that could enter the Petaluma River. In order to prevent pollutants from entering the waterway and adversely impacting water quality, a mitigation measure is required that provides that construction equipment maintenance, wash - down and fueling occur in designated areas away from the River, and that spill containment and cleanup materials be maintained onsite throughout the construction period. Noise Construction of the Floathouse dock and associated components would result in temporary noise disturbances that could result in potentially significant impacts. Noise generated during construction would vary depending on the construction activity and the type and amount of equipment used at the construction site. Noise would be generated by trucks delivering materials to the site, the operation of heavy -duty construction equipment, as well as saws, hammers, and the radios and voices of workers. The proposed restroom facility will require minimal site preparation and excessive grading or excavation is not anticipated. The Floathouse and dock will be pre - constructed, which will limit construction activities onsite to the installation of piles and connection to the existing dock. Pile driving activities have the potential to result in a temporary impact due to elevated noise levels during installation of the proposed Floathouse and new dock. Construction related noise impacts are typically only occasionally intrusive and cease once construction is complete. Nonetheless, in order to ensure that noise levels due to onsite construction are minimized, mitigation measures are set forth which restricts construction activities to the daytime, waking hours, and precludes pile driving during lunch to avoid impacts to outdoor dining facilities located in the project vicinity. Adherence to such mitigation measures goes beyond the requirements of the City's Noise Ordinance and will ensure that potential noise impacts due to the temporary exposure of sensitive receptors to excessive noise during construction are reduced to less than significant levels. PUBLIC COMMENT Staff has received numerous letters of support for the Floathouse Project. Comment letters received to date are included in Attachment G. Additionally, a public comment letter was 3--11 received from the Department of Fish and Wildlife with regards to the circulation of the environmental document. ATTACHMENTS Attachment A: Draft Resolution recommending approval of MND and MMRP Exhibit 1: MND and MMRP Attachment B: Initial Study Attachment C: Biological Resources Assessment Report, March 2014 Attachment D: Recreation, Music, and Parks Commission Minutes, June 18, 2014 Attachment E: Pedestrian and Bicycle Advisory Committee Minutes, June 18, 2014 Attachment F: Project Narrative, PSCC Attachment G: Public Comment Letter Attachment H: Letter from Department of Fish and Wildlife Attachment I: Project plans 12 ATTACHMENT 4 RESOLUTION NO. 2015-07 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FLOATHOUSE SMALL CRAFT RENTAL CENTER AND CAVANAGH LANDING PARK RESTROOM PROJECT, LOCATED WITHIN THE TURNING BASIN AND AT 150 WELLER STREET APN 007 -142 -018 WHEREAS, Greg Sabourin of the Petaluma Small Craft Center submitted an application for the Floathouse Small Craft Rental Center and Cavanagh Landing Park Restroom Project consisting of a new floating rental center office and docks within the Turning Basin on the Petaluma River and a new public restroom and shower facility at Cavanagh Landing Park located at 150 Weller Street; and WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the program EIR for the City of Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR) by with the adoption of Resolution No. 2008 -058 N,C,S., which is incorporated herein by reference; and WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and WHEREAS, on or before April 23, 2015, the City's Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing for a 30 -day public comment period commencing April 23, 2015 and ending May 26, 2015 and a Notice of Public Hearing to be held on May 26, 2015 before the City of Petaluma Planning Commission, was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, pursuant to the analysis in the Initial Study, the Project does not make a considerable contribution to the significant and unavoidable cumulative traffic and /or noise impacts identified in the General Plan 2025 EIR because of its small size; and, WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the Bay Area Air Quality Management District (BAAQMD) recently adopted CEQA Guidelines and 2010 Clean Air Plan, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impact found to be significant and unavoidable in the General Plan 2025 EIR, because of the Project's small size and lack of significant stationary sources of emissions; and, WHEREAS, the Planning Commission held a public hearing on May 26, 2015, during which the Commission considered the Project, the MND, the Initial Study and supporting documentation Planning Commission Resolution No. 2015 -07 Page 1 referenced in the Initial Study, a staff report dated May 26, 2015, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and, WHEREAS, on May 26, 2015, the Planning Commission completed its review of the Project, the MND, and a Mitigation Monitoring Program; and, WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, 1 1 English St. Petaluma, CA 94952, Attention: Olivia Ervin, NOW THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council adoption of the Mitigated Negative Declaration and Mitigation Monitoring Program for the Floathouse Small Craft Rental Center and Cavanagh Landing Park Restroom Project based on the following: The foregoing recitals are true and correct and incorporated herein by reference. 2. Based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the Planning Commission finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines, 3. Prior to City Council consideration, staff shall include response to public comment from agencies. 4. Prior to City Council consideration, provide additional consideration of potential impacts from night lighting. ADOPTED this 261h day of May, 2015, by the following vote: Commission Member Aye No Absent Abstain Councilmember Barrett X Vice Chair Benedetti- Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X Planning Commission Resolution No. 2015 -07 4 -2 Page 2 ATTEST: / 6 1 /Z- He/tWer Hines, Corry ission Secretary Joce yn Lin, air APPRQYED,AS TO FORM: Andrea Visveshwara, Assistant City Attorney Planning Commission Resolution No, 2015 -07 q —'5 Page 3 ATTACHMENT 5 ENVIRONMENTAL CHECKLIST AND INITIAL STUDY MITIGATED NEGATIVE DECLARATION FLOATHOUSE SMALL CRAFT RENTAL CENTER AND CAVANAGH LANDING PARK RESTROOM Prepared By: City of Petaluma 11 English Street Petaluma, CA 94952 a April 21, 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT CITY OF PETALUMA PETALUMA SMALL CRAFT RENTAL CENTER AND CAVANAGH LANDING PARK RESTROOM CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY /MITIGATED NEGATIVEW DECLARATION OVERVIEW AND BACKGROUND Project Title: Floathouse Small Craft Rental Center And Cavanagh Landing Park Restroom Lead agency name and address: City of Petaluma 11 English Street Petaluma, CA 94952 Contact person and phone number: Heather Hines, Planning Manager (707) 778 -4316 Project Location: 150 Weller Street, Petaluma, CA 94952 Petaluma Turning Basin - Project sponsor's name and address: Petaluma Small Craft Center Attn: Greg Sabourin, Executive Director P.O. Box 56 Petaluma, CA 94953 (707) 293 -3685 Property Owners: "City of Petaluma 11 English Street Petaluma, CA 94952 California State Lands Commission 100 Howe Avenue Suite 100 South Sacramento, CA 95825 General Plan Land Use: Rivers and Creeks /City Park Central Petaluma Specific Plan: Floodway (FW) /Civic Space (CS) Zoning Designation Floodway (FW)/ Civic Space (CS) Description of project: The Petaluma Small Craft Center (PSCC) is proposing to construct and operate a dock -based boat rental business within. the City's Downtown Turning Basin. The project would introduce a new floating dock that would support a 420 square foot Floathouse office and the storage of small non - motorized watercraft (paddleboards, kayaks, pedal boats, rowboats). The project includes improvements to the ramp, gangway and access from Cavanagh Landing Park. A new restroom and shower facility are also proposed on land at the adjacent Cavanagh Landing Park. (See expanded description below) Surrounding land uses and setting; The project site is located in downtown Petaluma, within briefly describe the project's the Central Petaluma Specific Plan area. The project site surroundings: includes waters of the Petaluma River (Turning Basin) and lands on the adjacent Cavanagh Landing Park. The Floathouse boat rental center docks would be added to the existing City Dock located at the City's Downtown Turning Basin. The project area is generally bounded by E. Washington, Weller and D Streets. Existing uses include retail, warehouse, light industrial and mixed use. Other public agencies whose approval California State Lands Commission; California Department is required (e.g. permits, financial of Fish and Wildlife; California Division of Boating and approval, or participation agreements): Waterways; Regional Water Quality Control Board; Army Corps of Engineers; National Marin Fisheries Service and US Fish and Wildlife Service. Page 2 of 60 April 2015 I FLOATHOUSE AND CAVANAGH RESTROOM PROJECT FLOA°THOUSE SMALL CRAFT RENTAL CENTER AND CAVANAGH LANDING PARK RESTROOM TABLE OF CONTENTS PAGE # 1. OVERVIEW AND BACKGROUND ............................................................................... ..............................4 1.1. PROJECT DESCRIPTION ......................................................................................... ..............................5 1.2. PROJECT LOCATION ..................................................:.......................................:.... ..............................7 1.1. ENVIRONMENTAL SETTING ................................................................................... .............................11 2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ...................................... .............................12 3. EVALUATION OF ENVIRONMENTAL IMPACTS ....................................................... .............................13 3.1. AESTHETICS ............. ................... 3.2. AGRICULTURAL AND FORESTRY RESOURCES .............................................:... ......................:......18 3.3. AIR QUALITY ............................................................................................................ .............................19 3.4. BIOLOGICAL RESOURCES .................................................................................... .............................23 3.5. CULTURAL RESOURCES ....................................................................................... .............................30 3.6. GEOLOGY AND SOILS ............................................................................................ .............................33 3.7. GREENHOUSE GAS EMISSIONS ........................................................................... .............................36 3.8. HAZARDS /HAZARDOUS MATERIALS ................................................................... .............................38 3.9. HYDROLOGY AND WATER QUALITY .................................................................... .............................40 3.10. LAND USE AND PLANNING .................................................................................... .............................43 3.11. MINERAL RESOURCES ........................................................................................... .............................45 3.12. NOISE ...........:............................................................................................................ .............................46 3.13. POPULATION AND HOUSING ................................................................................. .............................50 3.14. PUBLIC SERVICES .................................................................................................. .............................51 3.15. RECREATION ........................................................................................................... .............................52 3.16. TRANSPORTATION AND CIRCULATION ............................................................... .............................53 3.17. UTILITIES AND SERVICE SYSTEMS ...................................................................... ...............:.............55 3.18. MANDATORY FINDINGS OF. SIGNIFICANCE (Cal. Pub. Res, Code § 15065) ...... .............................59 4. REFERENCE DOCUMENTS: ................................................................................................................... 60 TABLE OF FIGURES Figure1: Vicinity Map ......................................................................................................... ..............................8 Figure2: Land Use Map ...................................................................................................... ..............................9 Figure3: Aerial Map ........................................................................................................... .............................10 Figure 4: Cavanagh Landing Park Improvements Site Plan .......................................... .............................11 LIST OF TABLES Table1 BAAQMD Screening Criteria ............................................................................... .............................20 Table2: Noise Level Impacts to Fish ............................................................................... .............................26 Table 3: Vibration Source Levels for Construction ........................................................ .............................47 Page 3 of 60 April 2015 � FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 1. OVERVIEW AND BACKGROUND General Plan: The Petaluma General Plan 2025, adopted in 2008, serves the following purposes: • Reflects a commitment on the part of the City Council and their appointed representatives and staff to carry out the Plan; • Outlines a vision for Petaluma's long -range physical and economic development and resource conservation; enhances the quality of life for all residents and visitors; recognizes that human activity takes place within the limits of the natural environment; and reflects the aspirations of the community; • Provides strategies and, specific implementing policies and programs that will allow this vision to be accomplished; • Establishes a basis for judging whether specific development proposals and public projects are in harmony with Plan policies and standards; • Allows City departments, other public agencies, and private developers to design projects that will enhance the character of the community, preserve and enhance critical environmental resources, and minimize impacts and hazards; and • Provides the basis for establishing and setting priorities for detailed plans and implementing programs, such as Development Codes, the Capital Improvement Program (CIP), facilities and Master Plans, redevelopment projects, and the Urban Growth Boundary (UGB). General Plan EIR: Because CEQA discourages "repetitive discussions of the same issues" (CEQA Guidelines section 15152b) and allows limiting discussion of a later project that is consistent with a prior plan to impacts which were not examined as significant effects in a prior EIR or to significant effects which could be reduced by revisions in the later project (CEQA Guidelines section 15152d), no additional benefit to the environment or public purpose would be served by preparing an EIR merely to restate the analysis and the significant and unavoidable effects found to remain after adoption of all General Plan policies /mitigation measures. All General Plan policies adopted as mitigation apply to the subject Project. The EIR reviewed all potentially significant environmental impacts and developed measures and policies to mitigate impacts. Nonetheless, significant and unavoidable impacts were determined to occur under the General Plan. Therefore, the City adopted a statement of overriding considerations, which balances the merits of approving the project despite the potential environmental impacts. The impacts identified as significant and unavoidable in the General Plan are: • Increased motor vehicle traffic which would result in unacceptable level of service (LOS) at six intersections covered in the General Plan: o McDowell Boulevard North /Corona Road, Lakeville Street/Caulfield Lane, Lakeville Street/East D Street, Petaluma Boulevard South /D Street, Sonoma Mt. Parkway /Ely Boulevard South /East Washington Street, and McDowell Boulevard North /Rainier Avenue. • Traffic related noise at General Plan buildout, which would result in a substantial increase in existing exterior noise levels that are currently above City standards. • Cumulative noise from proposed resumption of freight and passenger rail operations and possible resumption of intra -city trolley service, which would increase noise impacts. • Air quality impacts resulting from General Plan buildout to population levels that could conflict with the Bay Area 2005 Ozone Strategy. (This regional air quality plan has since been replaced by the 2010 Clean Air Plan, which is further discussed in Sections 3.3 Air Quality and 3.7 Greenhouse Gases.) • A possible cumulatively considerable incremental contribution from General Plan development to the significant impact of global climate change. This environmental document tiers off of the General Plan EIR (SCH NO.: 2004082065), which was certified on April 7, 2008, to examine site- and project- specific impacts of the proposed project as described below. A copy of the City of Petaluma's General Plan and EIR are available at the Community Development Department, 11 English Street, Petaluma, California 94952, during normal business hours and online at http• / /cityofpetaluma.net/cdd /plan - general- plan.htmi. Page 4 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 1.1. PROJECT DESCRIPTION The non - profit organization, Petaluma Small Craft Center (PSCC) proposes to construct and operate the Floathouse Small Craft Rental Center, a dock -based boat rental business. The project includes improvements to the ramp and gangway at the Weller Street access to the public dock. The proposed Floathouse would introduce a 'new dock as a southern extension of the existing City Dock located within the City's Downtown Turning Basin. The proposed project will supplement the existing City dock with the following improvements: 1. A standard profile, 46' long by 30' deep floating dock with a 22' x 20' rental office (Floathouse), will be attached at one end to the westernmost limit of the existing City dock and extend southward towards the main channel; and, 2. A low profile, 120' long by 20' deep Connect -A -Dock floating dock with boat storage, will be attached to the Floathouse office dock and extend southward towards the main channel. The two docks will be connected and anchored by approximately 6 -8 PVC sleeved wooden pilings. The project also consists of improvements on land at the adjacent Cavanagh Landing Park. This component of the project would introduce a 142 square foot handicap accessible restroom and shower facility to be sited adjacent to the existing parking area within a currently unpaved area of Cavanagh Landing Park. Improvements would require the removal of one established ash tree in order to accommodate the new bathroom facility. Concrete sidewalk pavers would be added to Cavanagh Landing Park to provide seamless connection from the parking area to the proposed restroom facility, the existing public bench and the ramp to the gangway. A bicycle parking rack will also be developed within Cavanagh Landing Park. Modifications to the access ramp at Cavanagh Landing Park will meet ADA standards for accessible design specific to recreational boating facilities. Improvements include a level landing pad at the top of the ramp, which will require removal or relocation of the existing flagpole, installation of handrails on both sides of the ramp, and modification to the hinge connecting the' ramp to the gangway such that the gap is less than inch. Gangway improvements include replacing or repairing the transition plate, which serves as the connection between the gangway and the floating dock, and adding a heavy gauge metal deck plate under the rolling wheels. Activities. and Operations At operation, the Floathouse will provide non - motorized watercraft rentals including paddling, pedaling and rowing boats. Rental boats will be stored on the shoreward side of the low profile dock leaving the water -side of the docks clear for boat launching and retrieval. A safety launch and ten passenger electric boat(s) will be docked along the water -side of the Floathouse office dock. Ancillary rental equipment including floatation devices, oars, paddles and other equipment will be stored within the Floathouse office storage areas. As proposed, the Floathouse rental office will operate from 9:00 a.m. to dusk, 7 days per week during summer months, with reduced hours during the spring and fall. During the winter, the Floathouse-will operate only during weekends and holidays. Once constructed, the new public shower and bathroom will be dedicated to the City for operation and maintenance. Restroom access and maintenance will be added to the City's standard schedule. The restroom facility will be opened and closed each day in accordance with the City's schedule. It is proposed that the shower facility will be controlled with key or code access. Access Cavanagh Landing Park is located on the west side of Weller Street, south of East Washington Street and North of D Street. The primary access to the new Floathouse will be from the existing ramp at Cavanagh Landing Park. Secondary access is provided by the existing ramp to the public city dock at the River Plaza parking lot. The River Plaza ramp and gangway are not currently ADA compliant and no improvements are proposed at this time. The subject project proposal includes modifications to the existing ramp at Cavanagh Landing Park to achieve ADA accessibility via modification to the ramp and gangway. The proposed improvements will provide the existing City Dock and new Floathouse with ADA compliant access in accordance with applicable accessibility standards. Page 5 of 60 April 2015 �— �� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Parkin There are currently five off- street parking spaces located within the Cavanagh Landing parking area including four standard vehicles stalls and one ADA compliant stall. Pursuant to the SmartCode, Appendix A the project is required to have two standard parking spaces per 1,000 square feet. The existing 5 parking stalls are sufficient to meet the minimum requirements for parking under the 2013 SmartCode. No additional parking is proposed. It should also be mentioned that on- street parallel parking along Weller Street is permitted on both sides of the roadway, which provides additional parking opportunities in close proximity to Cavanagh Landing Park. Utilities The proposed new restroom and shower facility within Cavanagh Landing Park will be connected to existing water and wastewater pipelines located within Weller Street that feed into the Citywide distribution and conveyance systems. The Floathouse will be connected to the existing public dock's water and electric services. Construction Activities The proposed new low profile dock and new deep dock are pre- fabricated and will be ready to install upon delivery. As such, construction within the river channel is limited to the installation of piers to support the new docks. Between 6 and 8 piers will be driven along a southern alignment extending from the existing city dock and will support the new low profile and deep docks. A floating crane and rig will be utilized to drive piles and complete the new dock installation. The duration of construction is expected to take approximately 2 months and will occur between July 1 and September 30 in accordance with Nation Marine Fisheries guidelines to protect migrating fish species that may be present within the Petaluma River. The proposed restroom and shower facility, new sidewalk and ancillary improvements within the Cavanagh Landing Park may proceed along an independent construction schedule. The undeveloped area is generally flat and consists of ruderal vegetation, weeds and grasses. The 10'/' x 13'/' site will be graded and cleared of debris. A concrete slab will be installed to serve as the foundation for the restroom and shower facility. One ADA compliant unisex bathroom and a separate single shower facility will be constructed. A new concrete sidewalk will connect the new facility with the existing sidewalk, bench and ramp to the City dock. Materials and equipment for the restroom and shower facility will be delivered from Weller Street via access from either Washington Street or D Street. The duration of construction is expected to last two months and will require construction equipment including a grader, paver, forklift, water truck, tractor and dozer. Entitlements The Petaluma Small Craft Center has applied to the City of Petaluma for a Conditional Use Permit and Site Plan and Architectural Review. The State Lands Commission owns the river bottom at the location of the Turning Basin. A portion of the project is located on an area that is regulated by the State Lands Commission. Operation of the proposed Floathouse is subject to a lease agreement and approval by the State Lands Commission. Page 6 of 60 April 2015 lP FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 1.2. PROJECT LOCATION The project is located in the central portion of the City of Petaluma, with the County of Sonoma (See Figure 1: Vicinity Map). Specifically, the Project site is located at 150 Weller Street at the Cavanagh Landing Park (APN 007 -142 -018) and includes an addition to the existing public City dock within the Turning Basin of the Petaluma River. The project area is bounded by East Washington Street to the north, Weller Street to the east, D Street to the south and the Petaluma River to the west. The project site is within the Central Petaluma Specific Plan Area as delineated in Figure 2 -1 of the 2025 General Plan. The Central Petaluma Specific Plan Subarea encompasses approximately 400 acres in the central part of Petaluma. The subarea is largely defined by the presence of the Petaluma River, Turning Basin and active rail corridor. The balance of land in the subarea supports warehouse and light industrial uses with a limited amount of office and residential use. The Subarea also contains a portion of the Downtown commercial uses with river frontage. The project site consists of Cavanagh Landing Park and an area of open water outside of the main channel on the eastern bank of the Petaluma River, referred to as the Turning Basin. The land use designation of Cavanagh Landing Park is City Park. The surrounding land uses are designated Mixed Use on all sides (See Figure 2: Land Use Map, below). Surrounding uses proximate to the project site include vacant land, the River Plaza shopping center, restaurants and parking. See Figure 3: Aerial' Map, below. Page 7 of 60 April 2015 J - 4 k d 3 KF It y y 3 a r JII rate Zs Petaluma CAA 16 = Helen Flan �m parh �— O j � d k 3 Land Use Surrounding Project K., General Plan 2025 Land Use Designation Rural Residential � Very Low Density Residential y i Low Density Residential a _1 Diverse Low Density Residential w � Medium Density Residential i High Density Residential Mobile Homes Neighborhood Commercial ® Community Commercial -Mixed Use Business Park Public /Semi - Public Educcation Industrial River Dependant Industrial Agriculture City Park . Proposed City Park Open Space Regional Park Floodway 69A j � d k 3 K., i S--Io FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Figure 4: Cavanagh Landing Park Improvements Site Plan Proposed Bathroom and Shower Existing Bench to remain Source: Cavanagh Restroom Design Plan 1.1. ENVIRONMENTAL SETTING Ramp to be improved Gangway to City Dockc Petaluma is located in southwestern Sonoma County along the Highway 101 corridor approximately 15 miles south of Santa Rosa and 20 miles north of San Rafael. It is situated at the northernmost navigable end of the Petaluma River, a tidal estuary that drains.to the San Pablo Bay. The City originated along the banks of the Petaluma River, spreading outward over the floor of the Petaluma River Valley as the City developed. The Valley itself is defined by Sonoma Mountain on the northeast and by the hills extending northward from Burdell Mountain on the west. To the south are the Petaluma Marshlands and the San Francisco Bay beyond. Petaluma's Urban Growth Boundary (UGB) defines the limits within which urban development may occur and encompasses approximately 9,911 acres. The UGB was implemented in 1987 (as the Urban Limit Line), formally adopted as the UGB in 1998 via Measure I, and will expire in 2025. The General Plan and EIR evaluated potential impacts associated with existing development and buildout of all land use within the UGB. The subject project site is located within and immediately adjacent to the historically important Petaluma Turning Basin, which serves as the northernmost navigable portion of the Petaluma River. It also includes the City owned Cavanagh Landing Park (0.1 acre), which will be improved with a bathroom and shower facility. The project site is located approximately within % mile of the nearest bus transit stop and from the future Downtown SMART rail station. There are four vehicle parking stalls and one handicap accessible stall currently developed within Cavanagh Landing Park. The site is easily accessible to pedestrians as it is located within walking distance of downtown. The State of .California owns the river bottom over which the Floathouse will be located. Accordingly, the PSCC will enter into a lease agreement with the California State Lands Commission with the understanding that design review will be carried out by the City of Petaluma. The site features ruderal habitat and ornamental species on land, and coastal brackish marsh and open waters of the Petaluma River. The on land portion of the project site, within Cavanagh Landing Park drains to the southwest towards the Petaluma River. There are four existing mature ornamental trees (Ash) located within the Cavanagh Landing Park. In order to accommodate the proposed restroom and shower facilities one of the Ash Trees is proposed to be removed. The subject tree has a 16 inch diameter, is located proximate to the existing parking area and is not considered a riparian species, nor is it otherwise protected under the City's Tree protection ordinance. Page 11 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact Unless Mitigation is Incorporated" as indicated by the checklist on the following pages. 1. Aesthetics x 7. Greenhouse Gas 13. Population / Housing made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Emissions I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 2. Agricultural & significant unless mitigated" impact on the environment, but at least one effect 1) has been 8. Hazards & Hazardous 14. Public Services attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze Forestry Resources I find that although the proposed project could have a significant effect on the environment, Materials because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided 3. Air Quality x 9. Hydrology / Water x 15. Recreation Quality 4. Biological Resources x 10. Land Use / Planning 16. Transportation I Traffic 5. Cultural Resources x 11. Mineral Resources 17. Utilities / Service Systems 6. Geology / Soils x 12. Noise x 18. Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation:. . I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be re ared. I find that although the proposed project could have a significant effect on the environment, .there will not be a significant effect in this case because revisions in the project have been X made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Lead i Ervin, Environmental Planner Signature: Greg Sabourin, Executive Director PSCC y. -1,S Date ate Page 12 of 60 - l - April 2015 l FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3. EVALUATION OF ENVIRONMENTAL IMPACTS The following discussion addresses the potential level of impact relating to each aspect of the environment. 3.1. AESTHETICS Potentially Less Than Less than Significant Significant Significant No Would the project: Impact with Impact Impact Mitigation a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ® ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ❑ ❑ ® ❑ c) Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ ❑ ® ❑ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in ❑ ® ❑ ❑ the area? Sources: 2025 General Plan and EIR; Central Petaluma Specific Plan and EIR; River Access and Enhancement Plan: 2013 Smart Code: and Site Plan Set 2014. Aesthetics Setting: The natural features that characterize Petaluma and its surroundings provide for a visually rich setting. The City of Petaluma is located in the Petaluma River Valley, which is northwest - southeast trending between Sonoma Mountain and Mount Burdell. The City is flanked by the foothiIls and peaks associated with these mountain ranges which provide for views of rolling Bills and agricultural landscapes. Petaluma is traversed by the Petaluma River and tributaries, which further contribute to the aesthetic quality of the City. Along established urban form within the City limits contrasts with the surrounding natural and agricultural features and provides for a distinct visual character. The project site is located at the Petaluma Turning Basin, with the Floathouse Small Craft Rental Center to be constructed on the river and adjacent to existing city docks, and a restroom and shower facility located at 150 Weller Street within Cavanagh Landing Park. Surrounding the project site are uses such as the River Plaza shopping center, restaurants and parking. The site is located within the City's Urban Grown Boundary and within the Central Petaluma Specific Plan Area (Figure 2 -1 of the General Plan). The Central Petaluma Specific Plan area reflects the historical significance of the city's origins and identity of the city focused on the river and rail transportation corridors. More specifically, the site is located within one of the four primary districts outlined within Central Petaluma, the Turning Basin Area, which extends from East Washington Street to D Street on both sides of the river. One of the chief concepts set forth for the creation of the Central Petaluma Specific Plan was encouraging public facilities and recreational uses along the Petaluma River. Additional concepts include encouraging riverside /riverbank development and activating the river corridor. Chapter 5 of the Central Petaluma Specific Plan, "Public Space & River Access," specifically speaks to the importance of the Petaluma River as both a desirable aesthetic feature and as a valued open space amenity, with vistas framed by bridges and shoreline. The project site is also located within the Petaluma SMART Rail Station Area Master Plan boundaries, and would achieve many of the goals and policies outlined therein. The Master Plan serves as a guide to' focus redevelopment within the plan area in a manner that is consistent with the forthcoming expansion of SMART corridor for commuter rail and increased fright activity. The Master Plan emphasizes walkability and the introduction of mixed use with enhanced recreational opportunities within the downtown turning basin. The proposed Floathouse would meet this objective of the Master Plan by introducing a recreational amenity that would contribute to the Turning Basin serving as a waterborne- activity hub. Page 13 of 60 April 2015 ?j FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The project site is also located within the Petaluma River Access Enhancement Plan (River Plan) area, which identified the Turning Basin as the centerpiece of the River Plan. It includes goals for river access, highlighting the unique recreational uses of the river as a way to enliven the downtown and make it a more interesting place to be. The River Plan calls for the expansion of docking facilities and direct access to the water, such as additional boardwalks and docks in the Turning Basin. It is desired that the Turning Basin be the central stage, showcasing boats and water activities where visitors and locals can participate in the "performances ". The various planning documents described above all identify the Turning Basin as a central point of focus for waterborne activity within the Petaluma River. ,The river establishes a strong element within the city, connecting the urban fabric and shoreline development. Aesthetic and visual resources present in the vicinity of the project site include the Petaluma River, Historic Downtown Petaluma, the Petaluma Mill, the River Cafe Building (Farrell House) and as a backdrop Sonoma Mountains. Proposed Design Treatment In accordance with Section 1.10.010 of the 2013 SmartCode, the proposed height, massing and architectural design will be reviewed by the Planning Commission to determine consistency with the established character. Additional community design goals outlined in the Central Petaluma Specific Plan (CPSP) and the Architectural Guidelines developed for the Turning Basin River Edge Area (Appendix B to the CPSP) will be referenced during the Site Plari and Architectural Review process. The design of the Floathouse and associated amenities pays particular attention to the river environment and surrounding downtown area. It also responds to the historic riverfront setting by following historic development patterns, architectural styles and materials, providing access, and encouraging entry along the waterfront, as outlined in the River Plan. The Floathouse structure as proposed would be located on a newly - installed "floathouse dock ", with an attached low profile dock measuring 20 feet by 120 feet to facilitate access onto the river. The restroom facility to be located at Cavanagh Landing Park will be sited adjacent to the existing parking area, with an 8'9" sidewalk that leads to the ramp and gangway to access the public docks in the Turning Basin. The proposed Floathouse represents a modern craftsman style, with a predominantly "Zinc Gray" color for the metal siding, and "Patriot Red" metal base color. Other colors include a silver /aluminum for the windows and a light brown wood for a portion of the siding. Proposed materials include metal roofing with a natural wood soffit, aluminum windows, natural wood and metal features, and perforated metal siding. The roof form of the Floathouse is relatively flat with a low slope, and includes a pop -up metal window (lantern copula) on the top. Proposed exterior lighting is a Poulson Dock Light that will cast light downward. Figure 5: Proposed Floathouse Architecture Page 14 of 60 April 2015 J '� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The restroom and shower facility at Cavanagh Landing Park is proposed to utilize corrugated corten siding, fiberglass roof panels, metal doors and a frosted glass window. Proposed colors include brown for the siding and roofing, along with zinc - colored metal doors. The restroom facility exhibits a simple gable roof. This small building will be placed adjacent to the existing paved parking area and existing park bench, and will require the removal of one tree. The location provides ease of access to the ramp, gangway and public docks. Proposed exterior lighting includes modern /industrial light fixtures with a marine character, made of metal and glass. The building is limited to 142 square feet, with a width of 10' 6 ", a length of 13' 6" and a height of 13 feet. Figure 6: Proposed Restroom and Shower Facility Architecture Aesthetics Impact Discussion: 3.1(a) Less than Significant Impact: The important scenic vistas in the project vicinity include the Petaluma River and view of the Sonoma Mountains in the distance. As proposed, the Floathouse would be sited within the Turning Basin in a manner that is consistent with the existing City dock. It would be installed as a southern extension of the westernmost portion of the dock, which would create a complete C- shaped City dock following the general contour of the Turning Basin. The location and size of the Floathouse is such that it would not block views of the river or otherwise conflict with the open nature of the turning basin. The Floathouse, when viewed from the River would slightly obstruct views of the backdrop, which consist of the Golden Eagle Shopping Center Parking Lot and associated retail buildings, neither of which have aesthetic value. At the Turning Basin significant view of Sonoma Mountains are limited since elevations of existing buildings, trees and urban forms prevent long -range viewing. The profile of the proposed Floathouse is sufficiently compact such that any occasionally views of the Sonoma Mountains from the River would not be obstructed. The proposed restroom facility would introduce a new small structure at Cavanagh Landing Park. The scale and profile of the building are minimal and will not substantially obstruct views of the Turning Basin, Petaluma River or Sonoma Mountains. The building will be oriented such that the 10' -6" wall is situated in the view corridor of the Petaluma River. As seen from Weller Street, this profile represents the more narrow wall of the proposed structure. The 13' -6" wall will be perpendicular to the River. The peak of the roof is 13' -1" in height, which is sufficiently low to remain below the backdrop consisting of the roofline of buildings on the west bank of the Petaluma River and the hills beyond. Thus, the proposed building would not substantially obstruct the occasional views of hillsides and mountains as seen from Cavanagh Landing Park. Page 15 of 60 April 2016 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Given the small scale of the proposed Floathouse and restroom facility, as well as the proposed location and orientation, the subject project would not result in a substantial adverse impact to a scenic vista. Therefore, impacts to scenic vistas as a result of project implementation would be less than significant. 3.1(b) Less than Significant Impact: The project site is not readily viewable from a designated state scenic highway. There are no rock outcroppings onsite or in the vicinity. There are four existing mature trees located at the Cavanagh Landing Park, of the Ash variety. These trees are considered to be ornamental and are not riparian species. The project would result in the removal of one of the trees in order to accommodate the proposed restroom facility within Cavanagh Landing Park. The Ash tree to be removed has a diameter of 16 inches and is not considered a significant aesthetic resource. The Turning Basin and a number of properties adjacent to the Petaluma River have noted historical importance at the local level including some historic buildings that are designated important historic landmarks. The proposed project would not compromise the historic integrity of such resources, nor would it otherwise interfere with a historic designation. The proposed Floathouse represents a distinct form within the Turning Basin and is sited in an effort to minimize any conflicts with surrounding historic buildings. The Floathouse does not block views or otherwise obstruct visibility of important historic waterfront structure or features, in part due to its proposed location proximate to the shoreline of the Turning Basin and below the grade of existing surrounding development. The, Floathouse would largely retain views of the historic downtown from Weller Street, thereby preserving site lines to the historically important waterfront buildings and trestle on the west bank of the River. The restroom facility would not substantially damage any scenic resources including historically significant structures or natural features. The site lines from Weller Street towards the Turning Basin and across the River to downtown would be maintained. The existing public bench for viewing from this vantage point would be retained and the project would enhance public access to this bench by providing an ADA compliant path. Given the site location, surrounding development and proposed structures, the project will not have a substantial adverse effect on scenic vistas, or substantially damage scenic resources. Therefore, impacts to scenic vistas and resources as a result of developing the proposed Floathouse and restroom facility would be less than significant. 3.1(c) Less than Significant Impact: The Floathouse structure to be constructed over water in the Turning Basin would not significantly alter the character of the site since the Turning Basin currently offers floating docks. The project would create an extension of the existing city dock and add a restroom facility that meets the vision of enhancing recreational activity within the Turning Basin. As proposed, the restroom and shower facility would be sited on Cavanagh Landing Park in a location that enhances public usability and access to waterfront activity and views. The proposed Floathouse design and architecture complements the Petaluma River and surrounding environment by using materials that pay tribute to the industrial past and carry over more styles and colors. The bulk, height, and massing of the proposed Floathouse appear to be consistent with the surrounding environment and appropriately sized. The restroom facility is tucked into the existing tree canopy at Cavanagh Landing Park and utilized colors and materials that are in keeping with the established character. As proposed, the project is consistent with the general style and character of the Turning Basin by incorporating both historic forms and materials blended with more modern shapes and colors. The proposed use and architecture will not substantially degrade the existing visual character or quality of the site and its surroundings. Therefore, impacts due to a degraded quality or character would be less than significant. 3.1(d) Less than Significant Impact with Mitigation: As proposed, the project would create a new source of light within Cavanagh Landing Park and would introduce a new light source within the Turning Basin, associated with the new dock and Floathouse. The project vicinity is surrounded by existing urban uses, all of which currently contain lighting associated with buildings and parking areas. In addition, roadways within the project vicinity contain street lighting that contributes to the existing luminance levels. Page 16 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT As a structure on water, the Floathouse could introduce a new source of light that could affect aquatic species. However, the proposed hours of operation for the Floathouse are mainly limited to daytime hours. Lights from the dock and Floathouse during the day, would be overpowered by ambient daylight, such that any luminance emanating from the structure would be negligible. However, during the evening, the internal lights of the Floathouse and exterior lights could result in increased level of luminance at the water surface if not properly shielded and downcast. Similarly, the proposed restroom building will have both interior lighting as well as exterior lighting, which could slightly increase luminance during the evening relative to the ambient condition. New lighting onsite associated with the Floathouse, dock, and restroom facility will introduce new so.urces of light onsite and has the potential to result in light intrusion during the evening hours. Standard conditions of project approval require that all exterior lighting be directed onsite and shielded to prevent glare and intrusion onto adjacent properties. Only low- intensity light standards and /or wall- mounted lights will be used (no flood lights) and lights attached to buildings will provide a "soft wash" of light against the wall in order to avoid direct glare. The proposed improvements are required to conform with §21.040.D of the Petaluma IZO, which specifies lighting standards. In order to ensure that new lighting introduced by the project does not constitute a significant impact, mitigation measure AES -1 shall be implemented. Measure AES -1 requires that all exterior lighting is directed onto the project site and access ways, and shielded to prevent glare and intrusion onto adjacent properties including waters of the Petaluma River and the shoreline of the Turning Basin. With mitigation the project's potential to result in increased glare and light will be reduced to levels below significance. Mitigation Measures: AES -1. In order to avoid light intrusion onto adjacent properties and onto the river, all exterior lighting shall be directed onto the project site and access ways, and shall be shielded to prevent glare and intrusion onto adjacent properties. Only low- intensity light standards and /or wall mounted lights shall be used (no flood lights), and lights attached to buildings shall provide a "soft wash" of light against the wall and shall generate no direct glare. A lighting plan shall be prepared and submitted to the Planning Division for review and approval. Page 17 of 60 April 2015 �� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.2. AGRICULTURAL AND FORESTRY RESOURCES Less Than Potentially Significant Less than No Significant with Significant Impact Would the project: Impact Mitigation Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or ❑ ❑ ❑ a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public ❑ ❑ ❑ Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ IR forest land to non- forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in ❑ ❑ ❑ conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? Sources: 2025 GP and GP EIR. Agricultural Setting: Agricultural lands within the UGB are limited to "Farmland of Local Importance ", "grazing land ", and "other land" and there are no identified forestlands within the City of Petaluma. None of the agricultural designations are present on or near the project site. Agricultural Resources Impact Discussion: 3.2(a -e) No Impact: The project site does not include any agricultural or forested land, nor does it support a land use designation or zoning that would permit such use. The project will not impact prime farmland, unique farmland or farmland of statewide importance. The project will not interfere with Williamson Act contracts or any existing agricultural uses. In the absence of forested lands there is no potential for the project to conflict with existing forested land zoning or otherwise result in the loss or conversion of forested land to another use. As the project is located within the UGB and surrounded by established urban uses it will not provide an impetus for the conversion of farmland or forest to any alternative use. Therefore, the project will have no impact to agricultural and- forestry resources. Mitigation Measures: None Required. Page 18 of 60 r April 2015 a) L FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.3. AIR QUALITY Where available, the significance criteria Less Than established b the applicable air quality Y pP q Y Potentially Significant Less than No management or air pollution control district may be Significant with Significant Impact relied upon to make the following determinations. Impact mitigation Impact ❑ Would the project: Incorporated exceed quantitative thresholds for ozone a) Conflict with or' obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ® ❑ substantially to an existing or projected air quality ❑ ® ❑ violation? ❑ ❑ c) .Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient air quality ❑ ❑ ® ❑ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Exposure of sensitive receptors to substantial pollutant concentrations? ❑ ❑ ® ❑ e) Create. objectionable odors affecting a substantial number of people? ❑ ❑ Sources: 2025 GP and EIR; 2010 BAAQMD Clean Air Plan; and BAAQMD CEQA Guidelines. Air Quality Setting; The City of Petaluma is located within the San Francisco Bay Area Air Basin, which is regulated by the Bay Area Air Quality Management'District ( BAAQMD). Air quality within the Bay Area Air Basin is affected by natural geographical and meteorological conditions as well as human activities such as construction. and development, operation of vehicles, industry and manufacturing, and other anthropogenic emission sources. The Federal Clean Air Act and the California Clean Air Act establish national and state ambient air quality standards respectively. The BAAQMD is responsible for planning, implementing, and enforcing air quality standards within the Bay Area Air Basin, including the City of Petaluma. The BAAQMD operates several air quality monitoring stations, the closest to the project site is located in downtown Santa Rosa at 5th Street, approximately 15 miles north of Petaluma. The Santa Rosa monitoring station records pollutant concentration levels for carbon monoxide (CO), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.5)- The Bay Area Air Basin is designated as non - attainment for both the one -hour and eight -hour state ozone standards; 0.09 parts per million (ppm) and 0.070 ppm, respectively. The Bay Area Air Basin is also in non - attainment for the PMIo and PM2.5 state standards, which require an annual arithmetic mean (AAM) of less than 20 dig /m3 for PM10 and less than 12 pg /m3 for PM2.5. In addition, the Basin is designated as non - attainment for the national 24 -hour fine particulate matter (PM2.5) standard and will be required to prepare a State Implementation Plan SIP) for PM2.5. All other national ambient air quality standards within the Bay Area Air Basin are in attainment. 1 "2010 Clean Air Plan," prepared by the Bay Area Air Quality Management District, September 2010. Page 19 of 60 April 2015 S FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Petaluma General Plan The City's General Plan sets forth policies and programs to maintain and enhance air quality. One policy that is particularly applicable to the subject project is 4 -P -16 to reduce emissions during construction through certain requirements and measures to be addressed by contractors. Air Quality Impact Discussion: 3.3(a) No Impact: The BAAQMD adopted the Bay Area 2010 Clean Air Plan (CAP) in September 2010 to comply with state air quality planning requirements set forth in the California Health & Safety Code. The 2010 CAP serves to update the 2005 Ozone Strategy and provides control strategies to address air quality pollutants including ozone (03), Particulate Matter (PM), toxic air contaminants (TACs), and greenhouse gases (GHGs). A total of 55 control strategies have been developed as part of the CAP for land use, energy and climate, stationary sources, transportation, and mobile sources. Control strategies are designed to reduce emissions of ozone precursors, PM, air toxics, greenhouse gases, and work towards attainment of state ozone standards, reduce transport of ozone to neighboring basins, and to protect public health and the climate. Measures to implement control strategies include the use of clean and efficient vehicles, Green Construction Fleets, enhanced bicycle and pedestrian access, energy efficiency, and others. Petaluma's 2025 General Plan is consistent with the 2010 CAP. Development and operation of the proposed project is consistent with the General Plan and would not result in any conflicts in implementing the CAP. Therefore, the project would have no impacts due to a potential conflict with implementation of the regional air quality plan. 3.3(b) Less Than Significant Impact with Mitigation: Air quality emissions associated with the proposed project would result from short -term construction activities and long -term operations. However, emission generated by the project would be well below established thresholds of significance. Projects that are below the screening criteria threshold are reasonably expected to result in less than significant impacts to air quality since pollutant emissions would be minimal. When projects fall below the screening criteria levels, a quantitative analysis of the project's air quality emissions is not required. Air quality emissions of carbon monoxide (CO), ozone precursors (ROG and NOx) and particulate matter (PM,o and PM2.5) from construction and operation are evaluated pursuant to the 2010 CEQA Guidelines .2 There is no carbon monoxide (CO) emissions threshold applicable to construction emissions. For carbon monoxide (CO), the operational significance threshold is 9.0 particles per minute (8 -hour average) and 20.0 ppm (1 -hour average). The BAAQMD Air Quality CEQA Guidelines provide preliminary screening for a lead agency to consider in. making a conservative determination of a project's potential impacts on air quality based on proposed land - use (i.e. residential, commercial, industrial, etc.). Although the Floathouse Project does not fall neatly into a land -use category, the Project is most closely associated with a city park type use. The screening level criteria for a city park, which is the most representative use of the project, are shown in Table 1 below. Table 1 SAAQMD Screenina Criteria Land Use Type Operational Criteria Pollutant Construction - Related City Park 2,613 acres (ROG) 67 acres (PM10) Source: Table 3 -1, pg. 3 -2 Bay Area Air Quality Management District 2010 CEQA Guidelines, May 2010. BAAQMD's 2010 adopted thresholds of significance were challenged in a lawsuit. The court issued a writ of mandate ordering the District to set aside the thresholds and cease dissemination of them until the Air District complies with CEQA. Nonetheless, the City of Petaluma recognizes these thresholds represent the best available scientific data and has elected to rely on these to determining screening levels and significance. On August 13, 2013 the Court of Appeals issued a decision on the lawsuit that upheld the significance threshold. Table 3 -1 of the 2010 CEQA Guidelines is used to assess screening levels. The case has since been accepted for review by the California Supreme Court but not based on the adequacy of the thresholds. Page 20 of 60 April 2015 ��— FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Table 1 above shows that the screening level to determine significant air quality impacts from construction of a city park use is 67 acres. The proposed Floathouse and Cavanagh Landing project include the development of a floating structure that will require a pile driver to construct, an attached low -float dock which comes pre - assembled, and a restroom and shower facility, all together comprising approximately one -tenth of an acre and is therefore far below the 67 acre threshold. Construction of the project has the potential to emit minimal air contaminants from running equipment and associated vehicles at the site. Construction activities may result in air quality emissions generated by the use of heavy -duty construction equipment, pile driving, transport of materials, and workers commuting to and from the project site. In order to ensure that potential impacts due to emission of air quality pollutants are minimized, Basic Construction Mitigation Measures shall be implemented as outlined in Mitigation Measure AQ -1 below. Due to the small size of the Project and the inclusion of applicable Basic Construction Mitigation Measures, the Project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. Therefore, with implementation of AQ -1 air quality emissions generated by construction of the proposed project will result in less than significant impacts. Table 1 above indicates that the operational project level screening size for a city park use as 2,613 acres. As an approximately one -tenth acre development, the proposed project is well below the established screening size for operational emissions. Operation of the Floathouse and Restroom facility at Cavanagh Landing Park will not violate any air quality thresholds or result in a cumulatively considerable net increase of any criteria pollutant in non - attainment, namely 03, PM10, and /or PM2.5. Therefore, air.quality emissions generated by the proposed project at operation will be less than significant. 3.3(c) Less than Significant Impact: The project will not result in a cumulatively considerable net increase in air quality emissions. Due to the short duration of project construction, limited soil disturbance, and the nature of the proposed use, the project's contribution to cumulative air quality impacts would not be considerable, and the impact would be less than significant. 3.3(d) Less than Significant Impact: The BAAQMD defines sensitive receptors as "facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly and people with illnesses." These facilities may include schools, hospitals or residential areas. In Petaluma, sensitive receptors include residential land uses, elementary, junior and high schools, as well as hospitals, care facilities and convalescent homes. Since the project is not located immediately adjacent to any of these uses, and is primarily surrounded by existing commercial facilities, sensitive receptors would not be significantly affected by the project operations or construction activities. As there are no sensitive receptors in close proximity to the subject project site, neither construction nor operation would generate emissions that would impact sensitive receptors. Due to the short duration of the construction period, the type of proposed use, and the absence of sensitive receptors in the immediate area, impacts to sensitive receptors would be less than significant. 3.3(e) No Impact: The Floathouse project will not create objectionable odors affecting a substantial number of people. The project will result in the operation of the Floathouse Small Craft Rental Center and the restroom facility at Cavanagh Landing Park. The restroom facility will be maintained by the City, and connected to the City's sanitary sewer system. Neither of the proposed uses could potentially create objectionable odors. Therefore, the project will have no impact to air quality due to objectionable odors. Page 21 of 60 April 2015 —�( FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Mitigation Measures: AQ -1: The applicant shall incorporate Best Management Practices for all construction activities and clearly indicate these provisions in the specifications. BMPs shall include but not be limited to the BAAQMD Basic Construction Mitigation Measures as modified below: 1. All exposed surfaces (e.g., parking areas, staging areas; and graded areas) shall be watered three times per day; 2. All haul trucks transporting soil, sand, or'other loose material shall be covered; 3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; 4. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; 5. All construction equipment shall- be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; 6. Construction equipment staging shall occur as far as possible from existing sensitive receptors; and 7. The City's Public Works Inspector shall perform visual inspections to assure that standard BMP are enforced. Page 22 of 60 April 2015 �L FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.4. BIOLOGICAL RESOURCES Potentially Less Than Less than No Would the project: Significant Significant Significant Impact Impact with Impact Mitigation Incorporated a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in ® El local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (Formerly Fish and Game) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified ® 1:1 El in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife (formerly Fish and Game) or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the ® El El Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or El ® El El with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances El El ® E] protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation El El Plan, or other approved local, regional, or state habitat conservation plan? Sources: City of Petaluma 2025 General Plan and EIR; Biological Assessment prepared by WRA, May, 2014; Petaluma River Access and Enhancement Plan; Technical Guidance for Assessment and Mitigation of Hydroacoustic Effects of Pile Driving on Fish, prepared by ICF, February 2009 updated October 2012. Biological Resources Setting: Biological resources are protected by statute including the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), and the Clean Water Act (CWA). The Migratory Bird Treaty Act (MBTA) affords protection to migratory bird species including birds of prey. These regulations provide the legal protection for plant and animal species of concern and their habitat. As reported in the 2025 General Plan EIR several special- status plant and animal species have been recorded or are suspected to occur within the Urban Growth Boundary of the City of Petaluma. The City also supports species that are identified in the California Natural Diversity Database (CNDDB) due to rarity and threats, and are considered sensitive biological resources. Page 23 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Within the Urban Growth Boundary, biological resources are largely limited to the Petaluma River and its tributaries, which contain aquatic and riparian communities as well as wetlands. The National Wetland inventory identifies emergent wetlands in the southern portion of the Petaluma River and Northern coastal salt marsh wetland and brackish marsh wetland in the lower reaches of the Petaluma River. The subject project is located in downtown Petaluma within and adjacent to the Petaluma River. The Floathouse component is proposed to be sited on a floating dock within the Petaluma River Turning Basin; the proposed restroom facility will be located at Cavanagh Landing Park which sits above the top of the bank on the east side of the Turning Basin. The study area features an elevation of approximately 0 -10 feet above sea level and supports a limited amount of coastal salt/ brackish marsh along the bank of the Turning Basin with the upper portions of the bank characterized largely by ruderal and ornamental vegetation. A Biological Assessment was performed by WRA to identify the following for the proposed Floathouse and Cavanagh Restroom Facility: 1. The presence of biological communities; 2. The site's potential to support special status plant and wildlife species; and 3. The presence of other sensitive biological resources protected by local, state and federal laws and regulations. The Assessment considered potential impacts to the project site in addition to surrounding habitats up to 5 miles away, which is based on the maximum distance that recreational boaters that patron the Floathouse are expected to travel. The Assessment identified two sensitive biological communities: Coastal Brackish Marsh and Waters of the Petaluma River. The Turning Basin is located with downtown Petaluma and serves as the northernmost point for navigation on the Petaluma River. The existing City dock occupies the northern portion of the Turning Basin with access from the Cavanagh Landing Park gangway and the gangway located within the Golden Eagle Shopping Center Parking area. The Biological Habitat Communities within the Turning Basin were characterized by WRA as part of the Biological Resources Assessment prepared for the project in May 2014. The main channel and central portion of the turning basin consist of waters of the Petaluma River. A narrow band of coastal brackish marsh wraps around the northern and eastern margin of the turning basin with either ornamental vegetation of ruderal habitat occupying the lower bank. A similar patter of habitat type is present on the southern and western portion of the Turning Basin and river channel. At the location of the proposed Floathouse and dock the habitat community is classified as waters. However, it is in close proximity (within 50 feet) of the identified coastal brackish community at the turning basin margin. At the location of the proposed Cavanagh restroom facility, the habitat community is classified as ruderal. The following discussion provides an analysis of the proposed project's potential to impact biological resources associated with the identified communities. Biological Resources Impact Discussion: 3.4(a -b) Less than Significant Impact with Mitigation: The Biological Assessment prepared for the proposed project identifies four distinct biological communities, two of which are considered non - sensitive and two of which are considered sensitive. The non - sensitive communities consist of terrestrial land above the ordinary high water mark and are comprised of landscaped ornamental species and ruderal habitat. Biologically sensitive communities include waters of the Petaluma River, "Other Water," and portions along the edge of the Turning Basin and main river channel that contain coastal brackish marsh habitat. There is no riparian habitat within the study area. The Biological Resources Assessment evaluated potential impacts to biological resources of the Petaluma River and Cavanagh Landing Park. Although the proposed project is limited in scope and scale, construction activities and operation of the project has the potential to result in potentially significant impacts to fish species that are protected by the CDFW and the National Marine Fisheries Service (NMFS). Page 24 of 60 �� April 2015