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HomeMy WebLinkAboutStaff Report 6.B 09/14/2015 Part 2FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Additionally, the project has the potential to impact bird species including those that are protected under the Migratory Bird Treaty Act. All special status plant species and most wildlife species documented in the vicinity of the study area were found to have low or no potential to be present with the exception of Chinook salmon, Central California Coast Steelhead, and migratory birds. Rare Plant Species In the study area, vegetation is sparse and consists primarily of saltmarsh bulrush (Bloboschoenus martimus) and California Tule (Schoenoplectus californicus). Other plant species include marsh gumplant (Grindelia stricta), pickleweed (Sarcocornia virginica),.and salt grass (Distchlis spicata). The Coastal Brackish Marsh habitat is .a fringe along the steep river banks and is dominated by tall tules, which is not suitable for special tidal plant species. Ruderal vegetation and ornamental landscaping dominate the terrestrial habitat in the study area. Neither of these communities is expected to support special - status plant species since they are highly modified, relatively isolated from natural communities, and surrounded by urban uses. Due to the established uses, land within the project area is not conducive to the introduction, colonization or establishment of special status plant species. As described in the Biological Resources Assessment, no special- status plant species were identified on the project site during field visits. Due to the absence of rare plant species from the project area, implementation of the proposed Floathouse and Cavanagh restroom facility including construction and operation would have no impacts rare or protected species. Sensitive Fish Species The Assessment identifies four fish species with a potential to occur in the study area. Two of which have been previously recorded: Central California Coast Steelhead and Central Valley Fall /Late fall -run Chinook Salmon ESU. Longfin smelt and green sturgeon may' be present as these fish species have been documented throughout the San Francisco Bay and the delta region. The portion of the Petaluma River that passes through the Turning Basin is designated critical habitat for both steelhead and green sturgeon. The Turning Basin and main river channel proximate to the proposed location of the- Floathouse are not considered suitable spawning habitat for any of the listed fish species identified above. Nonetheless, waters of the Petaluma River may be suitable as foraging or rearing habitat for juvenile special status fish and /or adult fish migrating upstream or downstream. Potential impacts to fish species or their habitat resulting from the proposed project may be caused by disturbance to the mudflat substrate generated by pile driving; loss of 16 square feet of habitat due to the installation of piles; sounds or shocks generated during pile driving, the leaching of toxic substances into water from treated piles; and /or the discharge of municipal water and soap during boat washing, which could affect water quality and potentially harm fish species. The project will require pile driving to install approximately 6 -8 PVC sleeved wooden piles in order to support the new dock and Floathouse. The vibrations generated by pile driving could subject fish to excessive levels of sound, and vibration, which could potentially harm fish protected species if present during pile driving activities. In an effort to protect sensitive fish species from noise and vibration generated during pile driving activities an interagency collaboration between the National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service, California, Oregon, and Washington Departments of Transportation, California. Department of Fish and Wildlife and the U.S. Federal Highway Administration resulted in interim criteria.3 Thb criteria are based on a peak single strike and an accumulated sound exposure level (SEL) over a day of pile driving. The accumulated level is reset after a 12 -hour recovery period without impact driving. Where underwater pile driving noise exceeds a peak of 206 dB or cumulatively exceeds 187 dB SEL during a 12 hour period it would exceed the criteria, and potentially result in physical harm to fish. Additionally, adverse behavioral effects can occur to fish species when noise levels reach 150 dB. The metric used to assess the behavioral thresholds is the root mean square pressure (RMS). Table 2 below provides the established criteria that NMFS utilizes to assess potential impacts to fish species from noise exposure. 3 "Agreement in Principle for Interim Criteria for Injury to Fish from Pile Driving Activities," prepared by Fisheries Hydrostatic Working Group, June 12, 2008. Page 25 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Table 2: Noise Level Impacts to Fish Effect Metric Fish mass' Thresholds Onset of physical injury Peak pressure N/A 206 dB re: 1 pPa Accumulated Sound Exposure Level (SEL) z 2 g 187 dB (re: 1 pPa2•sec) < 2 g 2 183 dB (re: 1 pPa .sec) Adverse behavioral effects Root Mean Square Pressure (RMS) N/A 150 dB (re: 1 pPa) Source: National Marine Fisheries Pile Driving Calculations (updated 2012 Pile driving of timber piles of approximately 12 inches in diameter is expected to generate peak pressure of 177 dB; RMS Sound pressure of 165 dB; and SEL of 157.4 The noise levels generated by driving timber piles would be below the peak pressure threshold. Pile driving of timber piles could exceed the RMS pressure at which point adverse behavioral effects have been recorded, but would be below the accumulated SEL. In addition to potential noise impacts to fish species, pile installation could cause disturbance of bottom sediment and temporarily increase turbidity within the turning basin and main river channel proximate to the installation site. As such, the project has the potential to result in temporary impacts to sensitive fish species during pile driving activities. In order to reduce potentially significant impacts generated by pile driving to levels below significance, the project proponent shall implement mitigation measures BIO -1 and BIO -2. BIO -1 requires that a good faith effort be made to conduct pile- driving activity between July 1st and September 30th, which is outside of the migratory period for listed fish species and indicates an expected absence of fish in the project area. If project conditions necessitate pile driving outside of the preferred work window, the work window may be elongated provided that responsible agencies approve the construction period extension and that noise attenuated technology is employed as deemed appropriate by a qualified acoustical engineer. BIO -2 requires that pile driving be conducted with the use of silt, curtains in order to minimize suspension of sediments into the water column. Controls for turbidity shall be conducted pursuant to the San Francisco Basin Plan Water Quality Objective. With the implementation of BIO -1 and BIO -2 potential impacts from pile driving will be reduced to less than significant levels. Further, it should be noted that pile driving methodology and scheduling requires review by NMFS in accordance with Section 7 of the Endangered Species Act and necessitates CDFW concurrence under Section 2081 of California Fish and Game Code. 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. Timber piles are typically treated with creosote or some similar product to protect the timber from water damage. Such product can leach into the water and affect water quality, which is potentially harmful to fish species. In order to ensure that leaching of products from timber piles does not result in impacts to biological resources new piles shall be wrapped with suitable materials to prevent the leaching of wood preservatives into the water in accordance with mitigation measure BIO -3. At operation the project will result in the routine wash -down and clean rental boats and equipment. The use of municipal water, soap or other cleaning agents is considered a potentially significant impact, since discharges into the Petaluma River could affect water quality ad result in harm to fish species. 4 "Technical Guidance for Assessment and Mitigation of Hydroacoustic Effects of Pile Driving on Fish," prepared by ICF, February 2009 updated 2012. Page 26 of 60 April 2015 �o FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Mitigation measure BIO -4 requires that operational activities involving cleaning rental boats and equipment be conducted using a high quality carbon filter fitted PVC pipe that will connect with any hose. BIO -4 further requires that Floathouse operations shall not employ the use of any soap or detergent. Implementation of 1310 -4 ensures that fish do not come into contact with potentially harmful substances associated with wash - down of boats and equipment. With the implementation of BIO -1 through BIO -4 impacts to sensitive fish species and their habitat will be reduced to less than significant levels. Sensitive Bird Species The Petaluma River and adjacent land has the potential to serve as nesting and foraging habitat for sensitive bird species including those protected by the Migratory Bird Treaty Act. Four special status bird species, great egret (Ardea alba), California Brown Pelican (Pelecanus occidentalis californicus), California Clapper rail (Rallus longirostris obsoletus), and California black rail (Laterallus jamaicensis conturniculus) have been identified as being potentially present in the project area. As detailed in the Biological Resources Assessment neither the Turning Basin nor Cavanagh Landing Park provides suitable nesting or roosting habitat for these bird species. However, sensitive bird species may occasionally forage within the project site study area and may nest or roost upstream or downstream of the project site where more suitable habitat is present. 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). At operation increased recreational use on the Petaluma River as a result of the Floathouse rental activities may result in impacts to birds due.to flushing (birds taking flight as boaters approach) and disturbance to shoreline habitat - due to boaters accessing sensitive areas such as coastal brackish marsh habitat. Construction and,operation . of the proposed project has the potential to result in potentially significant impacts to bird species. In order to reduce potential impacts to bird species to levels below significance, mitigation measures BIO -5 and BIO -6 shall be implemented. Mitigation measure BIO -5 requires that construction activities occurring within the nesting season (February 1 and August 31) be preceded by a pre- construction survey. B10 -5 specifies that surveys shall be conducted by a qualified biologist within a 0.25 -mile radius of the construction site to determine if nests are present and if so to establish an appropriate construction buffer to ensure that construction activities do not result in next abandonment. Mitigation measure BIO -6 requires that educational materials be provided to boaters at the time of rental. Materials shall inform renters of appropriate buffer distances for nesting or roosting birds as well as the value of sensitive coastal brackish marsh habitat. The information shall include a map showing the location of areas to be avoided and discourage boat landing proximate to these areas. Mitigation measures BIO -5 and BIO -6 are intended to avoid substantial impacts to sensitive birds species by protecting nesting birds during construction and protecting sensitive habitat during operation. With implementation of mitigation measures BIO -5 and BIO -6 potential impacts to sensitive bird species will be reduced to less than significant levels. Biological Resources Summary The Biological Assessment conducted for the project evaluated the potential impacts to biological resources within the study area. Although construction and operation of the proposed project may result in potentially significant impacts to biological resources, implementation of mitigation measures are identified that would effectively reduce impacts the level below significance. Therefore, will implementation of mitigation measures BIO -1 through BIO -6, set forth below, the project would result in less than significant impact to biological resources. 3.4(c) Less Than Significant Impact with Mitigation: The two sensitive biological communities, Coastal Brackish Marsh and "Other Water," are considered wetlands and are regulated by the Army Corps of Engineers under Section 404 of the Clean Water Act and by the Regional Water Quality Control Board under the Port Cologne Act and Section 401 of the Clean Water Act. Page 27 of 60 April 2015 12 � FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Coastal Brackish Marsh Coastal Brackish Marsh is considered a wetland by the Army Corps of Engineers and RWQCB. It is also considered a sensitive biological community by the California Department of Fish and Wildlife (CDFW) pursuant to Section 1602 of the State Fish and Game Code. As described above, 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 measure BIO -2 requiring installation of a siltation screen will reduce sediment disturbance associated with pile driving. At operation, the project has the potential to result in impacts to Coastal Brackish Marsh habitat due to boaters accessing these areas. Recreational users may inadvertently disturb the small fringe of coastal brackish marsh adjacent to the project site. In order to prevent such disturbance, the applicant shall be required to provide educational materials highlighting the value and vulnerability of brackish marsh and clearly discourage landings on vulnerable habitat pursuant to mitigation measure BIO -6. Implementation of mitigation measures BIO -6, which requires providing information materials to renters detailing the location of sensitive areas and discouraging access to these areas will reduce impacts to levels below significance. Other Waters The majority of the Turning Basin and the main channel of the Petaluma River are classified as "Other Waters," which is under the jurisdiction of the Army Corps of Engineers (Section 404 of the Clean Water Act up to the high tide line and Section 10 Rivers and Harbors Act up to the mean high water mark). A preliminary jurisdictional wetland delineation was conducted on August 3, 2013 as part of the Biological Resources Assessment prepared for the subject project. A formal jurisdictional wetlands determination was verified by the Army Corps of Engineers on March 9, 2013 for the location of the Turning Basin in conjunction with the Trestle Rehabilitation Project for the City of Petaluma. As- part of the permitting process the project biologist will submit a Section 404 application to the Corps verifying the preliminary delineation. The project has the potential to impact Other Waters during the construction stage including the installation of the Floathouse and pile driving. As proposed, up to 8 piles will be installed, which would result in permanent fill to less than 0.001 acres of Other Waters. Temporary disturbance may occur as a result of anchoring the floating docks. In addition, indirect impacts generated during operation may result from washing boats with municipal water and soap which could negatively affect water quality. Adherence to mitigation measures BIO -2 requires that pile driving be conducted using of siltation screens, which will reduce impacts to Other Water to levels below significance. Additionally, implementation of measure B10 -5 ensures that washing of boats and other equipment does not result in impacts to water quality by using an appropriate filter for hoses and precluding the use of soap or detergents. As such, potential impacts from the project to federally protected wetlands will be reduced to levels below significance. In addition to implementation of mitigation measures BIO -2, BIO -5 and BIO -6, the proposed project will be subject to permitting requirements prescribed by the CDFW, Corps and RWQCB. 3.4(d) Less Than Significant Impact With Mitigation: 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. Additionally, the project vicinity may provide nesting opportunities for birds protected under the META. As noted above, the project has the potential to result in impacts during construction due to disturbance to the substrate, increased siltation, and excessive noise levels generated during pile driving. These activities could potential impact migrating fish and bird species. Additionally, at the leaching of toxic substances from treated piles and the introduction of municipal water, soaps or detergent could adversely impact water quality, which could harm migrating fish species. However, all potential impacts to migrating species will be reduced to levels below significance through implementation of mitigation measures BIO -1 through BIO -6 as set forth below. Page 28 of 60 April 2015 c FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.4(e) Less Than Significant: Chapter 17 of Petaluma's Municipal Code establishes provisions for the protection, preservation and maintenance of mature trees citywide. The project proposes the removal of one ornamental Raywood Ash, with a 12 -inch diameter, located in Cavanagh Landing Park. The tree is proposed to be removed in order to accommodate the new restroom and shower facility. The tree is not considered a protected tree pursuant to Section 17.040 of the Petaluma Implementing Zoning Ordinance. Accordingly, the project will_not conflict with any ordinance intended to protect biological resources and impacts would be less than significant. 3.4(f) No Impact: There are no adopted Habitat Conservation Plans or Natural Community Conservation Plans for the City of Petaluma. The project site is located within the boundaries of the Petaluma River Access and Enhancement Plan. The Plan establishes goals for the River including a balanced use of the river corridor, expanded public access to and awareness of the river and the restoration and protection of natural habitats. The proposed project is consistent with the intent of the plan and does not conflict with any of the provisions therein that protect sensitive habitat. Therefore, the Project will have no impacts to biological resource management plans, conservation plans, or their implementation. Mitigation Measures: BIO -1. Pile driving shall be conducted between July 1St and September 30th, outside of the fish migration period in order to avoid impacts to migratory fish species. A good faith effort shall be made to complete pile- driving activities within the shortest timeframe practicable.. If the July through September work window is not sufficient to start and complete pile driving, a longer work window may be allowed at the discretion of responsible agency staff, provided noise attenuating technology is employed. Acceptable forms of noise attenuating technology include sound reduction systems that employ vibratory pile driving, oscillating, rotating or pressing in piles. Pile driving methodology and scheduling shall be reviewed by NMFS (during ESA Section 7 consultation) and CDFW under Section 2081 of the Fish and Game Code. .1310 -2. Silt- curtains shall be utilized during all pile driving activities to limit the amount of suspended sediment entering the water column. In accordance with the San Francisco Basin Plan Water Quality Objective periodic monitoring shall be conducted to ensure that any increases in turbidity does not exceed 10 percent over ambient conditions. 1310 -3. Drilling or sawing of wood treated with preservatives shall be conducted on land and new piles shall be wrapped with suitable materials that prevent the leaching of wood preservatives into the water. Copper treatments shall be prohibited. BIO -4. During operation, the washing down of boats and equipment shall be conducted using a high quality carbon filter fitted to PVC piping that connects with any hose. The use of soaps or other detergents shall be prohibited. B10 -5. To avoid potential impacts to protected bird species covered by state and federal law (California Department of Fish and Game Code and the MBTA), should construction activities (pile driving or other construction- related activities) commence between July 1St and August 318t (within the bird nesting season), a pre - construction nesting survey shall be performed. The survey shall be conducted by a qualified biologist and shall cover suitable habitat within one - quarter mile of construction activities to determine if nests are present. In the event that an active nest for a protected species of bird is discovered, an appropriate buffer area shall be established by the biologist. The biologist shall monitor activities to ensure that the buffer is sufficient. Work may continue in areas outside of the buffer zone and resume within the buffer zone once it has been determined that the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts, whichever is later. B10 -6. Educational materials shall be made available to boaters during all operating hours and be readily visible. The educational materials shall include information related to buffer distances for nesting or roosting birds and the location of any active buffer areas. The educational materials shall also include information related to the value of sensitive brackish march habitat and discourage landings on vulnerable areas. Page 29 of 60 April 2015 �� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.5. CULTURAL RESOURCES Less Than Potentially Significant Less than No Significant with Significant Impact Would the project: Impact Mitigation Impact a) Cause a substantial adverse change in the ® El significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ® F] significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique E ® El n paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those ® 0 El interred outside of formal cemeteries? Sources: City of Petaluma 2025 GP and GP EIR and Chapter 15 of the IZO; and Health and Safety Code 7050.5. Cultural Resources Setting: The City of Petaluma features a rich variety of historic and cultural resources that contribute to Petaluma's character and identifiable sense of place. The City and adjacent areas contain resources that date to the inhabitation of the Coastal Miwok Tribe and a number of resources that visibly chronicle the evolution of the City from early settlement through present day. Such resources include artifacts, buildings, structures, landscapes, sites, objects, and districts. Undisturbed lands within the Urban Growth Boundary, particularly lands in the vicinity of ridgetops, midslope terraces, alluvial. flats, ecotones, and sources of water have a greater potential of containing a prehistoric archaeological resorce. Within the UGB there exist 14 Native American Resources that have been identified, 19 historic sites and 3 historic districts: Oakhill- Brewster, Downtown, and A- Street. The Downtown Historic District has been designated as a National Historic District. Upwards of 300 properties have been identified as potentially eligible for listing on a local, state, or national register of historic places. In order to perpetuate the unique character found in Petaluma, the City has adopted policies and programs that serve to compliment and reinforce the sense of place. Existing policies and regulations governing historic preservation within the City can be found in Chapter 3 of the 2025 Petaluma General Plan, Chapter 15 of the Implementing Zoning Ordinance, Chapter 9 of the Central Petaluma Specific Plan and Chapter 7 of the 2013 SmartCode. The project site is not located within a designated historic district, nor does it contain any individually significant historic resources. However, located across the Turning Basin from the proposed new dock is a City Historic Landmark known as the Burns/ Farrell House. The Local Landmark is a 1903 Queen Anne Residence that was moved from its original location at 500 Weller Street to 222 Weller Street. Across from the Turning Basin on the west side of the Petaluma River is the National Register designated Historic Commercial District. It is bounded by Prospect Street on the North, D Street on the South, Petaluma River on the east and Kentucky and Fourth Streets to the west. Excluded from the district are several blocks southeast of Second and "B" Streets. The District is intermittently visible to and from the proposed project site. Adjacent to the Historic Commercial District and along the west bank of the river is the former railroad trestle "Trestle," which is considered potentially eligible for listing on the California Register of Historic Places. A Historic Structure Report was prepared by PAST Consultants in 2007 which determined that the Trestle was eligible for listing on the California Register under Criterion 1 and 2 based on its associations with the historic economic development of Petaluma and its association with George P. McNear, respectively. Page 30 of 60 o April 2015 S ° FLOATHOUSE AND CAVANAGH RESTROOM PROJECT It was further determined that the Trestle may be eligible as a contributor to the Historic Commercial District. Although initially determined eligible for the National Register of Historic Places it was subsequently concluded that in its present condition the Trestle does not retain integrity and therefore would not meet the eligibility requirements for the National Register. Nevertheless, the Trestle is potentially eligible for listing on the California Register of Historic Resources and on a local level is considered an important contributor to the historic character of the Petaluma Commercial District and the Petaluma River. The Trestle, like the Historic Commercial District, is visible to and from the project site. The project will introduce new elements adjacent to a designated City Historic Landmark (Burns /Farrel House), the designated Historic Commercial District, and the potentially eligible Trestle. The potential for the project to affect these identified historical featured is discussed below. Cultural Resources Impact Discussion: 3.5(a) Less than Significant Impact: The project site is not located within a designated historic district and it does not contain any historically significant resources, nor does it constitute a historic site. The site is, however, directly adjacent a number of nearby historic and potentially historic resources including the Petaluma Historic Commercial District, Trestle, and the Burns/ Farrell House, a City Historic Landmark located adjacent to Cavanagh Landing Park. The landmark is a 1903 Queen Anne Residence that was moved to its current location, on the east bank of the Turning Basin, from its original location at 500 Weller Street. The new structure proposed as part of the subject project will be visible from the identified historical resources in the project vicinity. While no direct impacts are anticipated, the floating dock will be visible from the Historic Commercial District and Trestle as well as from the rear of the Burns /Farrell House and therefore has the potential to affect the setting and feeling associated with the historic resources. The project will minimally alter the existing setting /backdrop of identified and potential historical resources adjacent to the project site. The project consists of the extension of an existing dock and will introduce other limited amenities including a Floathouse and restroom facility at Cavanagh Landing Park. These new structures are not out of character with the established setting, nor are the proposed project components of a size, scale, or style that would draw undue attention such that the integrity of the historic resources would be reduced. While the project will minimally alter the setting proximate to these nearby historic resources, it will not be so intrusive or out of character with the Turning Basin area that it would constitute a significant impact. Based on the small size of the project and use as a river - oriented recreational company, the project is largely in keeping with the existing character and is not expected to substantially alter or impair the existing setting associated with nearby historic resources. Therefore, potential impacts to historical resources would be less than significant due to the proposed project. 3.5(b) Less Than Significant Impact with Mitigation: 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. Potentially significant archeological resources include, but are not limited to concentrations of artifacts or culturally modified soil deposits, modified stone, shell, bone, or other cultural materials such as charcoal, ash, and burned rock indicative of food procurement or processing activities, or prehistoric domestic features including hearths, fire pits, or house floor depressions or other such historic artifacts (potentially including trash pits and all by- products of human land use greater than 50 years of age). As set forth below, measure CUL -1 is provided 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. Implementation of CUL -1 will ensure that in the event of discovery the potential for the project to adversely impact or result in a change to the significance of archeological resources would be reduced to less than significant levels. 3.5(c) Less than Significant Impact with Mitigation: The Petaluma General Plan does not identify the presence of any paleontological or unique geological resources within the boundaries of the UGB. There is limited potential for paleontological resources to be present on the project site. The project requires very limited earth disturbance, which minimizes the potential for encountering buried paleontological resources. Nevertheless, potential remains for the discovery of buried paleontological resources. Page 31 of 60 April 2015 — -1 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Because the potential for discovery of paleontological or unique geological resources exists, mitigation measure CUL -2, as set forth below, will be implemented. CUL -2 will ensure that proper procedures are followed in the event of discovery; thereby reducing potential impacts to paleontological resources to levels below significance. 3.5(d) Less Than Significant Impact with Mitigation: 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. Due compliance requires the immediate cessation of ground disturbing activities near or in any area potentially overlying adjacent human remains including contacting the Sonoma County Coroner upon the discovery of any human remains. If it is determined by the Coroner that the discovered remains are of Native American descent, the Native American Heritage Commission shall be contacted immediately. If appropriate, the project sponsor shall retain a City - qualified archeologist to provide adequate inspection, recommendations and retrieval. Implementation of measure CUL -3 ensures compliance with CA HSC Sect. 7050.5. Therefore, in the event of accidental discovery of historically significant remains potential impacts will be reduced to levels below significance. Mitigation Measures: CUL -1. If during the course of ground disturbing activities, a potentially significant prehistoric or historic resource is encountered, all work within a 100 foot radius of the find shall be suspended for a time deemed sufficient for a qualified and city- approved cultural resource specialist to, adequately evaluate and determine significance of the discovered resource and provide treatment recommendations. Should a significant archeological resource be identified a qualified archaeologist shall prepare a resource mitigation plan and monitoring program to be carried out during all construction activities. CUL -2. In the event that paleontological resources, including individual fossils or assemblages of fossils, are encountered during construction activities all ground disturbing activities shall halt and a qualified paleontologist shall be procured to evaluate the discovery and make treatment recommendations. CUL -3. If human remains are discovered during construction, potentially damaging activities shall be halted and no further excavation of the remains or nearby area shall occur until the Sonoma County Coroner has made necessary findings as to origin, in accordance with the Health and Safety Code 7050.5. The City shall immediately notify the Sonoma County Coroner and a professional archaeologist to determine the nature of the remains. If the Coroner determines that the remains are of Native American origin, the City shall notify the Native American Heritage Commission within 24 hours. The disposition of and control over any cultural items excavated or removed shall be determined as provided for in the Native American Graves Protection and Repatriation Act. Page 32 of 60 April 2015 J FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.6. GEOLOGY AND SOILS Less Than Potentially Significant Less than No Significant with Significant Would the project: Impact Mitigation Impact impact Incorporated a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: L Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on ❑ ❑ ❑ other substantial evidence of a known fault? Refer to Division of Mines . and Geology Publication 42. ii. Strong Seismic ground shaking? ❑ ® ❑ ❑ iii. Seismic- related ground failure, including ❑ ❑ ® ❑ liquefaction? iv. Landslides? ❑ ❑ ® ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ® ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off -site El- ❑ ® ❑ landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil,-as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating ❑ ❑ ® ❑ substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for ❑ ❑ ❑ the disposal of waste water? Sources: Citv of Petaluma 2025 General Plan and EIR: Ficlures 3.7 -5 and 3 -7 -2. Geology and Soils Setting: The Bay Area, including the City of Petaluma, is located in a seismically active region, primarily associated with the :San Andreas Fault System. The City of Petaluma is susceptible to the effects of regional seismic activity that in the past have produced moderate to strong ground shaking, reaching intensity levels of V to VIII according to the modified Mercalli Scale. The only known active fault trace identified by the State under the Alquist - Priolo Earthquake Fault Zoning Act of 1972 is the Rodgers Creek Segment of the Hayward - Rodgers Creek Fault zone. Traces of the Rodgers Creek fault have not been active within the last 200 years, but do show activity within the last 11,000 years. There are no earthquake fault zones and no known active faults within the City's UGB. Nonetheless, seismic events in the region have the potential to result in geologic hazards from ground shaking, such as ground failure and seismically induced instability. Page 33 of 60 April 2015 j , 33 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Geology and Soils Impact Discussion: 3.6(a. 1) No Impact: The project site is not located within an Alquist - Priolo Earthquake Fault Zone and no known active faults directly traverse the site. There is no risk of fault- related ground rupture during earthquakes within the limits of the site due to a known Alquist- Priolo Earthquake Fault zone. Therefore, the subject project would have no impacts associated with risk exposure from an identified Alquist - Priolo surface rupture. 3.6(a. ii) Less Than Significant Impact with Mitigation: 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. An earthquake in the Hayward Rodgers -Creek fault zone with a 7.1 magnitude could create peak ground accelerations up to or greater than 0.6 g. The resulting vibrations would likely cause primary damage to buildings and infrastructure with secondary effects being ground failures in loose alluvium and poorly compacted fill. Both the primary and secondary effects of seismic activity pose a potential risk of loss of life or property. Conformance to the standard requirements set forth in the 2013 Building Code of Regulations, Title 24, Part 2 (the California Building Code 3.7 -20 Chapter 3: Setting, Impacts, and Mitigation Measures [CBC]) and the California Public Resources Code, Division 2, Chapter 7.8 (the Seismic Hazards Mapping Act) will ensure that potential impacts from seismic shaking are minimized. Standard requirements include recommendations for foundation types, appropriate structural systems, and ground stabilization strategies. Measure GEO -1 below requires 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 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. With adherence to CBC requirements and implementation of measure GEO -1 the project is expected to effectively reduce potential impacts to less than significant levels. 3.6(a. iii) Less than Significant Impact: Liquefaction is the rapid transformation of saturated, loosely packed, fine- grained sediment to a fluid like state as a result of ground shaking. Potential for liquefaction is most pronounced when the groundwater table is shallow (typically less than 50 feet below the surface) and the liquefaction potential becomes increasingly heightened as the water table becomes shallower. The Petaluma water table is generally found 10 -20 feet below the surface. Figure 3.7 -5 of the GP EIR indicates that much of the UGB falls within a "Moderate Liquefaction Hazard Level" with the area abutting the Petaluma River exhibiting a "High to Very High Liquefaction Hazard Level ". Soils at the project site consist of Bay Mud, which is not particularly susceptible to liquefaction. Although settlement of Bay Mud may occur when subject to strong seismic ground shaking, the proposed weight - bearing load of the floating dock and restroom facility will be minimal. Neither of these new improvements constitutes a substantial new risk due to seismic - related ground failure, including liquefaction. Therefore, potential impacts from seismic - related ground failure is considered to be less than significant. 3.6(a. iv) Less than Significant Impact: The potential for a risk of landslide is dictated by several factors including precipitation conditions, soil types, steepness of slope, vegetation, seismic conditions and level of human disturbance. When certain conditions are present landslides can be triggered as a result of seismic activity. The Petaluma Planning Area has a history of landslides that have generally occurred on slopes steeper than 15% and are confined to areas underlain by geologic units that have demonstrated stability problems in the past. The project site is confined to the area within the Turning Basin and a relatively flat portion of Cavanagh Landing Park. There is no expectation that the project would expose people or structures to potential substantial adverse effects resulting from landslides and impacts are expected to be less than significant. 3.6(b) Less Than Significant Impact: The project site is underlain by estuarine sediments (Holocene Bay Mud), which is not particularly susceptible to erosion. Project grading would be limited to the proposed area of the restroom facility and sidewalk. Page 34 of 60 y April 2015 1 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Extensive excavation and soil disturbance is not proposed, nor is it necessary to construct the proposed facilities. As such, grading is not expected to substantially disturb areas with an intact soil profile such that loss of topsoil would ensue. Therefore, impacts associated with erosion or loss of topsoil related to site preparation will be less than significant. 3.6(c) Less Than Significant Impact: The project site, located within and adjacent to the Turning Basin, is identified in the General Plan EIR as presenting a heightened potential for hazards related to liquefaction, settlement, and expansive soils. Total or differential settlement can occur when new loads are placed over bay mud. However, the potential for proposed structure to induce settlement is negligible given the small scale and weight of the proposed facilities. The new floating dock will be largely supported by the water and will not impart a large bearing weight on the piles such that it would be likely to induce settlement. Drilling piles to sufficient depth will provide necessary stability to protect against unstable soils. The restroom facility will be located on a relatively flat portion of land within Cavanagh Landing Park and is not considered especially vulnerable to ground failure. Based on the limited size and scope of the project and the requirement that project components will be constructed in accordance with the 2013 CBC regulations, potential impacts due to unstable soils will be less than significant. 3.6(d) Less than Significant Impact: In addition to seismic activity, expansive soil and soil erosion are also of concern within the City of Petaluma. The clay -rich soils in Petaluma that are typical of low -lying regions and Valley floodplains have a tendency to shrink or swell according to fluctuations in soil moisture content. The expansion and contraction . of soil has the potential to damage buildings, utilities and roadways through gradual cracking, settling and weakening of foundations and infrastructure. The project site is underlain by Holocene Bay Mud, which is considered expansive. The Floathouse component will be confined to the area within the Turning Basin where the substrate is permanently saturated by the Petaluma River. Thus, soils will not exhibit expansion due to shrinking and swelling as moisture content fluctuates. Therefore, expansive soils do not pose a substantial 'risk to the Floathouse and impacts would be less than significant. The soil profile in Cavanagh Landing Park is characterized by Holocene Bay Mud and may be susceptible to soil moisture fluctuations with expansion potential. As a restroom facility, expansive soils do not pose a substantial risk to life or property. Nonetheless, in order to ensure that the structure is protected from the negative affects of expansive soils the project will be required' to comply with the 2013 CBC regulations and standard industry practice such as scarification, watering to achieve consistent moisture content, and proper compaction. Therefore, potential impacts related to expansive soil would be less than significant levels. 3.6(e) No Impact: The proposed restroom facility will be connected to the existing sewer system that treats all wastewater effluent generated within the UGB. The Floathouse will not have a restroom. There are no septic tanks or alternative wastewater disposal systems proposed as part of the project. Therefore, there will be no impact resulting from the adequacy of soils to support septic tanks or other wastewater disposal systems. Mitigation Measures: GEO -1. In order to ensure that appropriate construction techniques are incorporated into .the design of the project including that the foundation and structural design for the restroom facility and Floathouse shall meet the California Building Code regulations for seismic safety (i.e., reinforcing perimeter and /or load bearing walls, bracing parapets, etc.). The geotechnical engineer shall inspect the construction work and shall certify to the City, prior to issuance of a certificate of occupancy that the improvements have been constructed in accordance with the geotechnical specifications. Page 35 of 60 April 2015 j� 3 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.7. GREENHOUSE GAS EMISSIONS Less Than Potentially Significant Less than No Significant with Significant Impact Would the project: Impact Mitigation Impact p a) Generate greenhouse gas emissions, either El 11 ®, 11 directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or 1:1 E regulation adopted for the purpose of reducing the emissions of greenhouse gases? Sources: 2025 GP and GP EIR: California Green Buildina Code, 2010. Greenhouse Gas Setting: Greenhouse gases (GHGs) trap heat in the atmosphere, which results in elevated surface temperatures of the Earth. This effect contributes to changes climate conditions, referred to as climate change or global warming. GHGs are generated both from natural geological and biological processes and through human activities including the combustion of fossil fuels, industry and agricultural. Other than water vapor, the GHGs contributing to global climate change include carbon dioxide (COA nitrous oxide (N20), methane (CH3), chlorofluorocarbons, hydrofluorocarbons and perfluorocarbons. In the United States, carbon dioxide emissions account for about 85 percent of the GHG emissions. To address GHG's at the State level, the California legislature passed Assembly Bill 32 in 2006, which requires that statewide GHG emissions be reduced to 1990 levels by 2020. Senate Bill 375 has also been adopted, which seeks to curb GHGs by reducing urban sprawl and vehicle miles traveled. The City of Petaluma has taken steps to address GHG emissions within city limits. The City adopted Resolutions 2002 -117 and 2005 -118, which calls for the City's participation in the Cities for Climate Project effort and establishes GHG emission reduction targets of 25% below 1990 level by 2015 for community emissions and 20% below 2000 levels by 2010 for municipal operations. In addition, the City of Petaluma is currently preparing a Climate Action Plan in partnership with the County and other local jurisdictions. This effort will implement General Plan Policy 4 -P -27. General Plan Goal 5 -G -8, which calls for the City to "expand the use of alternative modes of mobility serving regional needs," is being pursued and implemented in part through the Sonoma Marin Area Rail Transit (SMART) Plan, which will provide light rail commuter service to Petaluma. The light rail effort is estimated to take more than 1.4 million car trips off of Highway 101 annually and reduce greenhouse gases, by at least 124,000 pounds per day. In November 2010, the City adopted an update to the California Building Standards Code, which contains the mandatory California Green Building Code (CalGreen). All new development within the City of Petaluma must comply with these standards. As such, new development is expected to be more energy efficient, use less resources and emit fewer GHGs. In June 2010, the Bay Area Air Quality Management District ( BAAQMD) adopted revised CEQA Guidelines, which included thresholds of significance for greenhouse gas emissions. The Guidelines were subsequently updated in May 2011. The BAAQMD was the first regional air district to adopt numeric thresholds for land use projects. The guidelines identified 1,100 metric tons (MT) of Carbon Dioxide equivalent per year (CO2e /yr) or 4.6 MT /year per service population (residents /employees) as a numeric emissions level, below which a project's contribution to global climate change would be considered less than significant. The BAAQMD Guidelines use a three - tiered approach for setting a significance threshold for the project -level contributions to cumulative GHG impacts. Based on the BAAQMD Guidelines, a project is considered less - than- significant if it either: Page 36 of 60 April 2015 3 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT a) Complies with a legislatively adopted GHG Reduction Strategy which meets or exceeds one of the following three options: i. Reduces emissions to 1990 levels by 2020, ii. Reduces emissions 15% below baseline (2008 or earlier) emission level by 2020, or iii. Meets the plan efficiency threshold of 6.6 MT COZe /service population /year. b) Emits a total of less than 1,100 metric tons (MT) COze per year; or c) Emits less than 4.6 MT /service population /year. Metric tons per capita for service population per year; service population includes residents and any employees. In 2007, the City prepared a revised Air Quality section for the General Plan EIR to address greenhouse gas emissions. Appendix A of the 2007 Revised EIR includes all of the applicable policies from the General Plan that reduce GHG emissions. The General Plan is not considered a "qualified" GHG reduction strategy by the BAAQMD. As such, BAAQMD's screening threshold of 1,100 metric tons (MT) of carbon dioxide equivalents per year (CO2e /yr) is used to evaluate project level significance. Greenhouse Gas Emissions Impact Discussion: 3.7(a) Less Than Significant Impact: Construction of the proposed Floathouse and restroom /shower facility will result in GHG emissions from heavy -duty construction equipment, worker trips, and material delivery and hauling. Construction GHG emissions are short -term and will cease once construction is complete. The BAAQMD has not established thresholds of significance for GHG emissions resulting from construction activities. Rather, BAAQMD encourages the incorporation of Basic Construction Measures to minimize GHG emissions during construction. Such measures provide for reduced idling time and maintaining construction equipment. per manufacture's specifications. These are noted in the project description, will be included in the project design and implemented during construction. GHG emissions generated from construction of the proposed project will not directly or indirectly result in a significant impact to the environment. As described above, construction onsite is limited to the installation of 6 -8 timber piles and development of the small restroom /shower facility and associated improvements to Cavanagh Landing Park. Therefore, environmental impacts from construction generated GHGs will be less than significant. At operation the proposed project is not expected to generate substantial GHG emissions. Energy expenditures onsite will be minimal and would generate a negligible amount of indirect GHG emissions. Therefore, the project's ongoing generation of GHGs at operation would have a less than significant impact on the environment. 3.7(b) No Impact: The City of Petaluma has adopted numerous GHG emission reduction policies and programs as part of the General Plan 2025. These policies and programs address energy efficiency, transportation, conservation and provide for educational programs. Although most of these policies and programs do not relate directly to the proposed project, Policy 4 -P -16 addresses reducing combustion emissions during the construction by implementing Basic Construction Measures. As mentioned, the Basic Construction Measures that will be utilized by the project are set forth in the project description and will be , included as part of the project design and implementation. Therefore, the project would not conflict with an applicable plan for reducing GHG emissions. Mitigation Measures: None Required. Page 37 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.8. HAZARDS /HAZARDOUS MATERIALS Less Than Potentially Significant Less than No Would the project: Significant with Significant Impact p Impact Mitigation Impact Incorporated a) Create a significant hazard to the public or the ❑ environment through the routine transport, use, or ❑ ❑ ® ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the g) Impair implementation of or physically interfere environment through reasonably foreseeable upset and accident conditions involving the release of ❑ ❑ ® ❑ hazardous materials into the environment? emergency evacuation plan? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or h) Expose people or structures to a significant risk waste within one - quarter mile of an existing or ❑ ❑ ❑ proposed school? d) Be located on a site that is included on a list of including where wildlands are adjacent to hazardous materials sites compiled pursuant to ❑ ❑ Government Code Section 65962.5 and, as a El El ❑ result, would create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport of public use ❑ El ❑ airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ E� ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? Sources: Petaluma GP and GP EIR; and Envirostor accessed 2014. Hazardous Material Setting: The California Department of Toxic Substances Control (DTSC) defines a hazardous material as: "a substance or combination of substances that, because of its quantity, concentration or physical, chemical, or infectious characteristics, may either: 1) cause, or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating illness; or 2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed." Regulations governing the use, management, handling, transportation and disposal of hazardous waste and materials are administered by Federal, State and local governmental agencies. Page 38 of 60 April 2015 �— 39 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The California Department of Industrial Relations, Division of Occupational Safety and Health (DOSH) (formerly known as Cal /OSHA), is charged with enforcement of state regulation and the supervision of workplaces in. California that are not under direct federal jurisdiction. State worker health and safety regulation applicable to construction workers include training requirements for hazardous waste operation and emergency response. The DTSC maintains a hazardous waste and substances site list, also known as the "Cortese List." There are no known Cortese sites within the City of Petaluma. Hazardous waste management in Petaluma is administered by the Sonoma County Waste Management Agency (SCWMA) through the Countywide Integrated Waste Management Plan. As the designated Consolidated Unified Protection Agency (CUPA), the Petaluma Fire Department manages the acquisition, maintenance and control of hazardous waste by industrial and commercial business citywide. Hazards /Hazardous Materials Impact Discussion: 3.8(a -b) Less Than Significant Impact: The proposed project will involve the installation of a new floating dock, as an extension to the existing City dock within the Petaluma Turning Basin and the construction of a 143 square foot restroom and shower facility at Cavanagh Landing Park. Construction activities and material delivery may result in. the temporary presence of potentially hazardous materials including but not limited to fuels and lubricants, paints, solvents, insulation, and electrical wiring. Although these potentially hazardous materials may be present onsite during construction their presence does not pose a substantial risk. Contractors are required to comply with all existing federal, state and local safety regulations governing the transportation, use, handling, storage and disposal of potentially hazardous materials. Once construction is complete there will not be any ongoing use or generation of hazardous materials or hazardous waste onsite. Therefore, the project's potential to create a significant hazard due to hazardous materials or waste would be less than significant. 3.8(c) No Impact: The project site is not located within a quarter mile of any existing or proposed schools. The closest school, San Antonio High School is located approximately 0.5 miles from the project site. The project will not use, transport or generate potentially hazardous materials or waste. Therefore, the project will result in no impacts related to the emission of hazardous materials or waste within one - quarter mile of a school. 3.8(d) No Impact: The project is not- located on a site that is included on a list of hazardous materials sites. There is no indication of spills, leaks, or contaminated soils located in or near the project site. Nor are there any past use onsite with a potential to adversely impact the area. The project will not create a significant hazard to the public or the environment by virtue of it being located on an identified Cortese site. Therefore, there would be no impact from project implementation. 3.8(e -f) No Impact: The project is not located within the boundaries of an airport land use plan, nor is it located in close proximity to a private airstrip. The nearest airport is the Petaluma Municipal Airport located approximately 3.0 miles (geodesic distance) northeast of the project site. Therefore, the project would have no impacts associated with airport- related hazards. 3.8(g) No Impact: The project would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan. The project will not alter or conflict with any emergency response or evacuation routes. Emergency ingress and egress for emergency vehicles access to the project site will not be altered. Therefore, the proposed Project will have no impact on the emergency response plan or emergency evacuation plan. 3.8(h) No Impact: The project site, located in the Central Petaluma Subarea within the UGB is bounded by the Petaluma River, commercial, and retail development. There are no wildlands located within, or adjacent to, the project site. Therefore, no impacts related to the exposure of people or structures to a significant risk of loss, injury or death involving wildl and fires would occur from the proposed project. Mitigation Measures: None Required Page 39 of 60 April 2015 y�� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.9. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less than No Would the 1 ro ect: Significant with Significant Impact P Impact Mitigation Impact Incorporated a) Violate any water quality standards or waste ❑ ® ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the ❑ F] ❑ production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern on the site or area, including through the alteration of the course of a stream or river, in a manner that would result ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation in substantial erosion or siltation on- or off -site? map? h) Place within a 100 -year flood hazard area structures ❑ ❑ ® ❑ d) Substantially alter the existing drainage pattern on the i) Expose people or structures to a significant risk of ❑ ❑ ® ❑ loss, injury or death involving flooding, including flooding site or area, including through the alteration of the as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ course of a stream or substantially increase the rate. or ❑ ❑ ❑ amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of ❑ ❑ ❑ polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures ❑ ❑ ® ❑ that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ❑ ❑ ® ❑ loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Sources: 2025 GP and GP EIR; FEMA Flood Insurance Rate Map, February 2014 (Map Number 06097C0982F). Hydrology and Water Quality Setting: The Petaluma River is the primary watercourse within the City of Petaluma and the Petaluma watershed (an area of approximately 46 square miles). The Petaluma River is tidally influenced and flows in a southeast direction into San Pablo Bay. The Petaluma River is used for recreational boating and water sports as well as long- standing river - dependent industrial operations. Page 40 of 60 April 2015 — FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The City of Petaluma collects Storm Drainage Impact Fees as a means of mitigating storm drainage impacts occurring as a result of development. The criteria provides for either the payment of fees or the construction of on- or off -site detention areas, based upon the type of project and amount of runoff generated, as calculated for a 100 -year storm. Fees collected are used by the City for the acquisition, expansion, and development of storm drainage improvements. Chapter 15.80 of the City's Municipal Code regulates stormwater discharges. Grading and erosion control requirements are set forth in Chapter 17.31 of the Municipal Code. Low Impact Development (LID) requirements establish limitations on the stormwater runoff emanating from development sites. New development is required to mimic pre - developed conditions, protect water quality, and retain runoff from impervious surfaces onsite. The National Pollution Discharge Elimination System ( NPDES) Construction General Permit, 2009-0009 - DWQ requirements apply to grading, grubbing, and other ground disturbance activities. Construction activities on more than one acre are subject to NPDES permitting requirements including, the preparation of a Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP identifies stormwater collection and discharge points, drainage patterns across the site, and best management practices that dischargers will use to reduce the pollutants in stormwater runoff. Hydrology and Water Quality Impact Discussion: 3.9(a) Less than Significant Impact with Mitigation: 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 SWPPP. The project does no 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. Construction of the restroom facility has the potential to result in construction debris or fuels to inadvertently enter the waterway. The potential for increased turbidity and construction fuel or debris could violate water quality standards, which is considered a potentially significant impact. As described above, under the Biological Resources discussion, installation of piles could result in sediment disturbance that could affect fish. In order to address this potential impact, mitigation measure 1310 -1, set forth above provides the pile driving occur during low tide and that a siltation screen be utilized. The project's effect of disturbing-sediment also has the potential to affect water quality. Mitigation measure BIO -1 will also ensure that adverse affects to water quality associated with sediments disturbance and increased turbidity within the water column would 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, mitigation measure HYDRO -1 is set forth below and provides that construction equipment maintenance, wash -down and fueling occur in designated areas away from the River. Additionally, HYDRO -1 provides that spill containment and cleanup materials be maintained onsite throughout the construction period: With implementation of HYDRO -1, the subject project will not violate any water quality of discharge requirements and potential impacts would be reduced to less than significant levels. 3.9(b) No Impact: The City has adequate water supply resources to accommodate the needs of the proposed project. Water demand generated by the restroom and shower facility as well as the Floathouse will be minimal and will be served by the municipal water supply. No groundwater extraction will occur as a result of the project. The subject project would not result in the lowering of the aquifer or the local groundwater table. The project would not interfere with groundwater recharge. Therefore, the Floathouse project would have no impacts to groundwater reserves including interference with groundwater recharge. Page 41 of 60 April 2015 — I FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.9 (c -e) No Impact: Currently, precipitation that falls on the project site enters the river directly or sheet flows downslope into the Petaluma River. The project includes the installation of a floating dock system to be attached to existing docks within the Turning Basin, and the construction of a restroom /shower facility at Cavanagh Landing Park. The new floating dock will not alter drainage patterns, as water that fall onto the dock or floathouse will drain directly to the River. The restroom facility and sidewalk improvements represent a marginal increase in impervious surfaces, which will have a negligible effect on runoff entering the river from Cavanagh Landing Park. There are no other aspects of the project that would alter the drainage pattern. The project will not introduce any additional runoff to the storm drain system, nor will it result in erosion or siltation on- or off -site, alter the existing drainage pattern which would result in flooding, or contribute runoff that would exceed the capacity of existing or planned stormwater drainage systems. Therefore, the project will have no impacts on the existing drainage patterns or stormwater drainage system. 3.9(f) No Impact: No other water quality degradations are expected to occur from the project development. The project is limited in scope and scale and will not result in any other adverse affects to water quality from implementation. Therefore, there would be no impact. 3.9(g) No Impact: The project does not include housing of any kind, and therefore will have no impact to the placement of housing within a 100 -year flood hazard area. 3.9(h -1) Less than Significant Impact: The City of. Petaluma has adopted a new Flood Insurance Rate Map (Communitywide LOMR). FIRM panel 982 of 1150 indicates that the project site is within the mapped 100 - year floodplain. The site is located within floodway areas in Zone AE, which includes the channel of water plus adjacent floodplain areas that have a I% chance in any given year to flood. Although the Floathouse and restroom /shower facility will be located within the flood hazard area of the Petaluma River, it will not impede or redirect flows from current conditions. The proposed floating dock is an extension of the existing docks within the Turning Basin, and will adjust in accordance with varying tidal conditions. Therefore, the project will have a less than significant impact due to the impediment or redirection of flood flows. With regards to the Floathouse and docks, the will float atop the river and be able to adjust to rising water levels. The restroom /shower facility will be located above the top of river bank, at similar elevation to that of surrounding uses. The site is not located within the inundation zone of a levee or dam. Therefore, the project would have a less than significant impact due to exposing people or structures to a significant risk of loss, injury or death involving flooding. 3.90) No Impact: The project area is unlikely to be subject to inundation by seiche, tsunami or mudflow, given that the project site is not directly exposed to an open ocean, bay, or large reservoir. Mudflow is unlikely to occur on -site, as the Floathouse structure will be placed on docks on the Petaluma River, and the restroom /shower facility will be placed adjacent to a leveled and paved parking area. Therefore, project, implementation will have no impact to inundation as a result of tsunami, seiche, or mudflow. Mitigation Measures: In addition to implementation of 1310 -1 the following measure will ensure that potential impacts to hydrology and water quality resulting from the proposed project are reduced to levels below significance. HYDRO -1: In order to protect water quality the contractor shall implement the following measures during construction: 1. No construction materials or debris shall be discharged directly to the Petaluma River. 2. Construction equipment shall be maintained and fuelled in staging areas only. 3. Spill containment and cleanup materials shall be maintained onsite during the construction work period. Page 42 of 60 April 2015 — FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.10. LAND USE AND PLANNING Potentially Less Than Less than No Significant Significant Significant Impact Impact with Impact Would the project: Mitigation a) Physically divide an established community? El El El b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, ❑ ❑ ® ❑ specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental'effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? Sources: 2025 GP and GP EIR; Petaluma River Access and Enhancement Plan; 2013 Smart Code; Implementing Zoning Ordinance; and Central Petaluma Specific Plan. Land Use and Planning Setting: The project site is located within the boundaries of the Central Petaluma Specific Plan,-the Petaluma River Access and Enhancement Plan, and the Petaluma SMART Rail Station Area Plan. Pursuant to the City's regulations governing the Floodway, the project is subject to a Conditional Use Permit in accordance with Section 6.050 of the IZO. The development pattern in the vicinity of the Turning Basin contains a range of land uses, including mixed use, city parks and open space, residential, and industrial uses. The project site spans two land use designations per the General Plan: Floodplain and City Park, and the site is. surrounded on all sides by the Mixed Use designation. Per the City's zoning map, the Petaluma River, where the new dock and Floathouse will be located, is zoned FW- Floodway, and Cavanagh Landing Park, where the proposed restroom /shower facility will be located is zoned CS — Civic Space: The surrounding zoning consists of T -6 — Urban Core. The proposed location of the Floathouse is within the jurisdiction of the State Lands Commission (SLC) as it will be constructed on the Petaluma River, which will require approvals by SLC, as applicable. Petaluma's General Plan 2025 Policies contained in the Petaluma General Plan have been adopted for the purpose of avoiding or mitigating an environmental effect. The following policies from the General Plan are particularly applicable to the subject project: 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. 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. 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. 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. Page 43 of 60 April 2015 3 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 2 -P -57: Foster connections to the river from surrounding areas and ensure that new development adjacent to the river is oriented toward it. 6- P -1 -K: Explore opportunities for 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.. Petaluma River Access and Enhancement Plan The project site is located within the Petaluma River Access and Enhancement Plan (River Plan) area, which prescribes policies for the river area and particularly the Turning Basin. The Plan includes balanced land use objectives, encouraging riverfront public recreational access and uses. 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. The River Plan emphasizes the importance of water access in the Turning Basin, and the desire to create a large outdoor gathering place where the Turning Basin functions as a central recreational area. The project site is located in the "Downtown Segment" of the River Plan Area, which extends from Washington Street to the "D" Street Bridge. The Downtown Segment is considered the primary destination of the trail system and the activity center of the River Corridor. The River Plan promotes the completion of existing public docks, boardwalks and overlooks surrounding the Turning Basin in a manner that builds upon the historic downtown character. Specific policies applicable to the Floathouse project include the following: 3.64 -8: Extend the floating docks in the Turning Basin wherever room allows. 3.64.15: Place a strong emphasis on river orientation in all future development and redevelopment along this river segment. 3.64.16c: Promote new development, redevelopment, and activities that will add vitality and pedestrian activity along the river. Central Petaluma Specific Plan and Petaluma SMART Rail Station Area Plan The Central Petaluma Specific Plan outlines goals, objectives and policies for the central downtown area of Petaluma, some of which are particularly relevant to the proposed project. For instance, the Public Access and River Access chapter outlines goals to increase river access by creating a continuous link along the river shoreline, and encouraging water - oriented recreational activities. Goals for the Turning Basin area itself include creating a band of public spaces around the basin, water - oriented uses, as well as special events and activities. The Petaluma SMART Rail Station Area Plan is a complementary document to the Central Petaluma Specific Plan, and outlines goals and policies of the SMART Rail Station Area, and where improvements (e.g. outdoor performance space, Turning Basin Overlooks /Boardwalks) are desired at the Turning Basin and nearby areas. Land Use and Planning Impact Discussion: 3.10(a) No Impact: The proposed project includes the installation of a new dock and Floathouse, which will be connected to existing City dock within the Petaluma River's Turning Basin, as well as a small restroom /shower facility at Cavanagh Landing Park adjacent to the river. The project would create recreational opportunities for human - powered boaters and other water -borne recreational users and would enhance waterfront public access through ADA upgrades. There are no aspects of the project that would physically divide an established community. Therefore, the project would have no impact due to the division of an established community. 3.10(b) Less than Significant Impact: The proposed project is required to comply with all General Plan policies and all applicable planning documents. The new dock and Floathouse use is consistent with the zoning designation of FW- Floodway. The restroom and shower facility within the Cavanagh Landing Park is also consistent with the site zoning of CS- Civic Space. Page 44 of 60 f�/, April 2015 S__ 9q -1 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The Project implements The Petaluma River Access and Enhancement Plan, and is consistent with the Central Petaluma Specific Plan and Petaluma SMART Rail Station Area Plan, by expanding river access; creating water - oriented recreational activities; making the Turning Basin a central destination; and encouraging all types of riverfront public recreational access and uses. 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 importantly, developing a public multi -use, small - craft center providing a venue for recreational and competitive small boaters. As proposed the project does not conflictwith regulations and policies set forth in the Petaluma River Access and Enhancement Plan, Central Petaluma Specific Plan, Petaluma SMART Rail Station Area Plan, Petaluma General Plan 2025, or any other applicable regulation. The project is consistent with applicable land use policies, zoning requirements, and ordinances. Therefore, the project would not result in any conflict to City regulation and potential impacts due to conflicts with established regulations would be less than significant. 3.10(c) No Impact: There are no habitat conservation plans or natural community conservation plans for the project area. Therefore, the project will have no impact to any conservation plan or natural community plan. Mitigation Measures: None Required. 3.11. MINERAL RESOURCES b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or ❑ ❑ ❑ other land use plan? Sources: 2025 GP and GP EIR. Mineral Resources Impact Discussion. 3.11(a -b) No Impact: There are no known mineral resources within the UGB..The project site has not been delineated as a locally important resource recovery site. It is not expected that the project will result in the loss of availability of a known mineral resources, including those designated as "locally important ". Therefore, the proposed project will have no impact that results in the loss of availability of mineral resources. Mitigation Measures: None Required. Page 45 of 60 April 2015 ®(� Less Than Potentially Significant Less than No Would the project: Significant with Significant act Im p Impact Mitigation Impact Incorporated a) .Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or ❑ ❑ ❑ other land use plan? Sources: 2025 GP and GP EIR. Mineral Resources Impact Discussion. 3.11(a -b) No Impact: There are no known mineral resources within the UGB..The project site has not been delineated as a locally important resource recovery site. It is not expected that the project will result in the loss of availability of a known mineral resources, including those designated as "locally important ". Therefore, the proposed project will have no impact that results in the loss of availability of mineral resources. Mitigation Measures: None Required. Page 45 of 60 April 2015 ®(� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.12. NOISE Less Than Potentially Significant Less than No Significant with Significant Impact Would the project result in: Impact Mitigation Impact p Incoraorated a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ® ❑ local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation ofr excessive groundborne vibration or groundborne ❑ ❑ ® ❑ noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ® ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ® ❑ El levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing ❑ ❑ ❑ or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise ❑ ❑ ❑ levels? Sources: 2025 GP and GP EIR; and GP FIG.10 -1: Noise Contours. Jones & Stokes. 2004. Transportation- And Construction - Induced Vibration Guidance Manual. June. (J &S 02 -039.) Sacramento, Ca. Prepared For California Department Of Transportation, Noise, Vibration, And Hazardous Waste' Management Office, Sacramento, Ca. Noise Setting: Noise is generally characterized as unwanted sound. Noise sources within the City's Urban Growth Boundary include vehicular traffic, trains and industrial activities such as mechanical equipment and refrigeration units. Freight train service through Petaluma is currently irregular, and thus does not constitute a significant noise source. In the future, the addition of SMART service will contribute to noise levels within the Central Petaluma Area. The City of Petaluma regulates the noise environment through Section 21.040 of the IZO. The Petaluma General Plan indicates that water recreation land uses are considered normally acceptable in noise environments of 75 dB CNEULdn or less and conditionally acceptable up to 80 dB CNEL /Ldp. The General Plan Noise Contours Exhibit (Figure 10 -1) indicate that noise levels at the project site are expected to be 60 dB CNEL /Ld„ at General Plan build out. Per Section 21.040.A.3.a of the City's Implementing Zoning Ordinance, noise generating construction activities are limited to the hours between 7:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. Page 46 of 60 April 2016 — Lf to FLOATHOUSE AND CAVANAGH RESTROOM PROJECT For daily operational noise, the Implementing Zoning Ordinance (Section 21.040 4 A) generally establishes an hourly average level of 60 dBA as the maximum that may be generated on one land use that would be affecting another land use, and the allowable levels are adjusted to account for the ambient noise levels and in no case shall the maximum allowed noise level exceed 75 dBA after adjustments are made. Noise Impact Discussion: 3.12(a) Less than Significant Impact: As mentioned above, the City of Petaluma regulates the noise environment through Section 21.040 of the IZO. The General Plan identifies noise levels up to 75 CNEL as acceptable and provides that noise levels up to 80 CNEL are conditionally acceptable for water recreation land uses (Figure 10 -2: Land Use Compatibility Standards). With present and reasonably foreseeable conditions, as detailed in the General Plan, noise levels within the Turning Basin are expected to be within the normally acceptable range. Noise levels within the Turning Basin are projected to be within the 60 dB CNEL range under General Plan buildout conditions (Figure 3.9 -4 of the General Plan EIR). As a recreational boat rental business, the Floathouse is not considered a noise sensitive land use and would be compatible with the surrounding commercial and river - dependent land uses. Therefore, the project's potential to result in the exposure of users to noise levels in excess of established standards would be less than significant. 3.12(b) Less than Significant Impact: The project will require impact or vibratory pile driving to install approximately 6 -8 timber piles. For cosmetic damage, the California Department of Transportation uses a vibration limit of 0.5 inches /second, peak particle velocity '(in /sec, PPV) for structurally sound buildings and those designed to modern engineering standards. Older residential buildings use a 0.3 in /sec, PPV and for historic and very old buildings a conservative PPV of 0.25 is used. For the proposed project, the only potentially significant source of groundborne vibration or noise would be generated by the short -term construction activities. The proposed pile driving activities, limited to the installation of up to 8 timber piles has. the potential to generate the greatest vibratory noise levels. Table 2 below provides the vibration source levels for impact pile driving and sonic /vibratory pile driving: Table 3: Vibration Source Levels for Construction Equipment PPV at 25 ft. (in /sec) Pile Driver (Impact) upper range 1.158 typical 0.644 Pile Driver (SonicNibratory) upper range 0.734 typical 0.170 Source: Transit Noise and Vibration Impact Assessment, United States Department of Transportation, Federal Transit Agency, Office of Planning and Environment, May 2006 Vibration levels are strongest closest to the source and then attenuate with increasing distance at the rate PPVref= (Drer /D) ", where D is the distance from the source in feet and Dfefis the reference distance at 25 feet. Given the relatively small size of the timber piles (12 -14 inches in diameter) and the substrate composition (Bay Mud), it is expected that the "typical" values listed above provide for a reasonable worst -case scenario for vibration generated by pile driving. The nearest structure is within the Golden Eagle Shopping Center, located approximately 100 feet from where the piles will -be driven. At a distance of 100 feet, vibration levels have the potential to reach, 0.140 in /sec for impact pile driving and 0.037 in /sec for vibratory pile driving. The nearest structure is considered structurally sound as it was constructed in accordance with modern building standards and therefore has a vibration limit of 0.5 inches /second PPV. The calculations that pile driving in excess of 100 feet from the building would result in groundborne vibration levels that are well below the established threshold of 0.5 in /sec. Page 47 of 60 April 2015 —�, FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The historical building located adjacent to Cavanagh Landing Park as well as the Trestle are located over 275 feet from where pile driving will occur. At a distance of 275 feet, vibration levels have the potential to reach 0.046 in /sec for impact pile driving and 0.012 in /sec for vibratory pile driving. The historical structures may be more vulnerable.to be vibratory impacts and have a lower threshold of 0.25 in /sec PPV. The calculations that pile driving occurring at a distance 275 feet would result in groundborne vibration levels that are well below the established threshold of 0.25 in /sec. Therefore, impacts related to exposure of groundborne vibration and /or groundborne noise resulting from installation of the timber piles are expected to be less than significant. There are no activities associated with operation of the proposed project that have the potential to generate elevated level of groundborne noise or vibration. Therefore, vibratory impacts due to operation of the proposed project would be less than significant. 3.12(c) Less than Significant Impact: At project operation, the onsite land use and associated noise environment will be typical of the Petaluma River area and subject to the City' noise exposure standards. As a dock based boat rental business, the Floathouse Small Craft Rental Center is not expected to introduce a substantial permanent increase in the ambient noise environment due to activities onsite or as a result of stationary or mobile sources. The noise generating elements of the proposed project include outdoor conversations, boating and waterborne activity, as well as the movement and cleaning of equipment would not generate excessive noise levels. Rather, the noise environmental at operation would be similar to the existing noise environment of the Turning Basin and project area. Therefore, the project would have a less than significant impact due to a permanent increase in the ambient noise environment. 3.12(d) Less than Significant Impact with Mitigation: The City's Noise Ordinance establishes standards to minimize the temporary noise impacts associated with construction, such as limitations on the time of day and week when construction activities are acceptable. 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 such as backhoes, tractors, and graders 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 use of smaller sized construction equipment such as a tractor or backhoe may be used, which may generate noise levels up to 80 dBA Lmax• 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 associated with the installation of up to 8 timber piles will be the nosiest activity associated with construction. A vibratory pile driver generates a steady noise level of about 95 dBA Lmax at a distance of 50 feet, while an impact pile driver generates an intermittent noise level of up to 105 dBA Lmax at a distance of 50 feet. The average noise level of an impact pile driver is approximately 95 dBA Leq. 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 measure NOI -1, set forth below shall be implemented. NOI -1 restricts construction activities to the daytime, waking hours, and precludes pile driving during lunch to avoid impacts to outdoor dinning facilities located in the project vicinity. Adherence to measure N0I -1 below, which goes beyond the requirements of the City's Noise Ordinance, 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. Page 48 of 60 �l April 2015 S . `! t FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.12(e -f) No Impact: The project site is not located within a private airstrip, an airport land use plan or within two miles of a public airport or public use airport. The Community Noise Equivalency Level (CNEL) noise contours from the Petaluma Municipal Airport do not affect the subject site. The project would not expose people residing or working onsite to significant noise levels generated by the Petaluma Municipal Airport. Therefore, noise from the Petaluma Airport will have no impact to people residing or working onsite. Mitigation Measures: All noise generating construction activities shall at a minimum adhere to requirements set forth in the IZO. Noise levels generated during construction activities will be further minimized by implementing the following: N0I -1. All construction activities shall be required to comply with the following and be noted accordingly on construction contracts: 1. Construction Hours /Scheduling: Unless otherwise agreed upon by the City and restaurant operators proximate to the Turning Basin: a. Pile driving for construction shall only be permitted between the hours of 7:45 am to 11:45 am and 2:00 pm to 5:00 pm Monday through Friday in order to avoid the lunch and dinner periods. Pile driving shall be prohibited on weekends and Holidays observed by the City. 2. Construction Equipment Mufflers and Maintenance: All construction equipment powered by internal combustion engines shall be properly muffled and maintained. 3. Idling Prohibitions: All equipment and vehicles shall be turned off when not in use. Unnecessary idling of internal combustion engines is prohibited. 4. Equipment Location and Shielding: All stationary noise - generating construction equipment, such as air compressors, shall be located as far as practical from existing buildings. 5. Quiet Equipment Selection: Select quiet equipment, particularly air compressors, whenever possible. Motorized equipment shall be outfitted with proper mufflers in good working order. 6. Staging and Equipment Storage: The equipment storage location- shall be sited as far as possible from nearby sensitive receptors. 7. Noise Disturbance Coordinator: Developer shall designate a "noise disturbance coordinator" who will be responsible for responding to any local complaints about construction noise. This individual would most likely be the contractor or a contractor's representative. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and would require that reasonable measures warranted to correct the problem be implemented. The telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. Page 49 of 60 April 2015 - Lt 9 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.13. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less than Significant Impact No Impact p a) Induce substantial growth in an area, either directly (for example, by proposing new homes El and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of F-1 replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement El housing elsewhere? Sources: 2025 GP and GP EIR. Population and Housing Setting: The City of Petaluma is currently home to approximately 59,000 residents, and comprised of a wide variety of housing stock. The 2025 General Plan proposes development of approximately 6,000 additional residential units and a buildout population of approximately 72,700. This represents an annual growth rate of nearly 1.2% per year. With regards to the project site, there are no housing resources located in or around the Turning Basin or Cavanagh Landing Park. The project site is zoned T -6 (Urban Core), FW (Floodway), and CS (Civic Space), with a General Plan Land Use Designation of City Park and Floodplain. The project is located over or directly adjacent to the river, and would not affect any existing or planned residential housing. Population and Housing Impact Discussion: 3.13(a -c) No Impact: The project would not create any changes in population or housing conditions, as it only entails the construction of recreational facilities. The Floathouse project would not induce any substantial growth in an area through the extension of roads or other infrastructure, as these types of facilities are not proposed or required in conjunction with the proposed project. The project would not displace any existing housing, as there are no existing homes located within the project site. Additionally, no people would be displaced as a result of the project. Therefore, the Floathouse and Cavanagh Landing Restroom project will have no impacts that induce substantial growth in the area, displace existing housing, or displace people. Mitigation Measures: None Required. Page 50 of 60 April 2015 1; — 5o FLOATHOt1SE AND CAVANAGH RESTROOM PROJECT 3.14. PUBLIC SERVICES Less Than Potentially Significant Less than No Would the Project: Significant with Significant Impact Impact Mitigation Impact Incorporated Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ' ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ Sources: 2025 GP and GP EIR. Public Services Setting: Lands within the UGB are well served by established public services including fire and police protection, schools and parklands. In order to offset the cost of improving or expanding City services to accommodate the demand generated by new development, the City charges one -time impact fees on new private development. Development impact fees are necessary in order to finance required public service improvements and to pay for new development's fair share of the costs necessary to maintain acceptable levels of service related to fire and police protection services, open space, parkland and other such public services. Public Services Impact Discussion, 3.14(a -e) No Impact: The need for new or expanded services is typically associated with increases in the population size that results from new residential or commercial development. The Floathouse project would enhance recreational opportunities by extending the existing public dock and introducing a new recreational opportunity to access the river, via the proposed boat rental facility ( Floathouse). Access into the Turning Basin is already provided to the existing city dock by way of the existing ramp and gangways. The project will marginally increase public access opportunities by upgrading existing facilities to achieve ADA compliance. Increased activity within the Turning Basin could result in a marginal increase in demand for other public facilities such as restroom or showers. As the project includes the installation of a new restroom and shower facility within Cavanagh Landing Park, this service will be provided and there would be no impact due to inadequate public services. The project does not involve any components that would increase the service population or otherwise increase the need for public services. Cavanagh Landing Park has sufficient capacity to meet active and passive recreational demands of new users of the Turning Basin as a result of the project. Adequate police, and fire services are available to meet demands of the project and no impact is anticipated. No new public facilities would be needed to support operation of the Project. Therefore, the Project would have no impact on the service ratios, response times, or other performance objectives of schools, parks, and other public facilities that are based on population growth. No impact would occur. Mitigation Measures: None Required. Page 51 of 60 April 2015 Y-5 ) FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.15. RECREATION Potentially Less Than Less than Significant Significant Significant No Would the project: Impact with Impact Impact Mitigation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse ❑ physical effect on the environment? Sources: 2025 General Plan and EIR; and Figure 6 -1 Parks and Open Space. ❑ ® - ❑ ❑ ® ❑ Recreation Setting: The City of Petaluma offers a wide variety of recreational opportunities, such as parks and open spaces, trails, water access points for all types of boating, and other recreational facilities and resources. The City contains approximately 1,300 acres of parks and open spaces, which represents approximately 18% of the acreage within the UGB. The public parks and recreational opportunities within the UGB accommodate a wide range of uses and activities that include both active and passive recreation. The City offers trails along many of the creeks and a portion of the Petaluma River for both pedestrians and bicyclists. The Petaluma River Trail aims to link residential and commercial uses along the riverfront through a cohesive and interconnected creek trail system. The Turning Basin currently offers public access for recreational opportunities on the Petaluma River. The proposed project would enhance access by upgrading facilities to achieve ADA compliance. Providing rental opportunities for human - powered boaters and a restroom and shower facility at Cavanagh Landing Park has the potential to increase recreational activity. Neither the Park nor the Turning Basin would be adversely impacted by the project. Recreation Impact Discussion: 3.15(a -b) Less Than Significant Impact: The proposed project may result in an increase in the use of existing recreational facilities on -site, such as the docks and ramps within the Turning Basin. The docks and associated access points have sufficient capacity to accommodate additional use that the Floathouse would generate. The project-would not generate a significant increase in the use of Cavanagh Landing Park or other nearby parks, such that use would accelerate substantial physical deterioration. The proposed restroom and shower facility at Cavanagh Landing Park would be sufficient to meet increased needs without adversely affecting the environment. As the primary entrance to the Turning Basin docks and Floathouse, use of Cavanagh Landing Park will likely increase. However, the level of use would not result in substantial physical deterioration that would be accelerated. There.is also the potential for increase park usage at Steamer Landing, where human - powered boaters are able to dock. A minimal increase in usage is expected as a result of the construction of the Floathouse, but patronage will be marginal and substantial deterioration at this park facility is not expected. The project is not expected to substantially increase the use of existing parks or recreational facilities. Therefore, impacts to recreational facilities resulting from the Floathouse Project would be less than significant. Mitigation Measures: None Required. Page 52 of 60 _ April 2015 g Z FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.16. TRANSPORTATION AND. CIRCULATION Less Than Potentially Significant Less than No Would the 1 ro ect: Significant with Significant Impact p Impact Mitigation Impact Incorporated a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass ❑ ❑ ® ❑ transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other ❑ ❑ ® ❑ standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location ❑ ❑ ❑ that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) ❑ ❑ ® ❑ or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ® ❑ f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such ❑ ❑ ® ❑ facilities? Sources: 2025 GP and GP EIR; and Floathouse Boat Rental Center Accessibility Assessment, prepared By MIG, March 2014. Transportation and Circulation Settinq: The City of Petaluma is bisected by U.S. 101, which serves as the primary route between San Francisco and Marin and Sonoma Counties. U.S. 101 accommodates over 90,000 vehicles per day within Petaluma. The circulation system within the City of Petaluma consists of approximately 140 miles of streets including, arterials, collectors, connectors, and local streets. The Petaluma General Plan 2025 was adopted in May 2008 and specifies a Level of Service (LOS) standard for streets wherein the minimum acceptable operation is LOS D. Policy 5 -P -10 states, "Maintain an intersection level of service (LOS) standard for motor vehicle circulation that ensures efficient traffic flow and supports multi -modal mobility goals. LOS should be maintained at Level D or better for motor vehicles due to traffic from any development project." The City's Traffic Impact Study Guidelines are based on industry standards and indicate that a traffic study is warranted if a project is anticipated to create either 500 trips per day or 50 trips per peak hour. If a project falls within 10% of these thresholds the City may exercise discretion in.whether or not to require a project specific traffic study. As a minimal expansion of the existing dock facilities, the proposed project is expected to generate much less than 500 trips per day and contribute less than 50 trips during the peak hour. Accordingly, a site - specific traffic impact analysis was not conducted. Page 53 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The project site includes portions of Cavanagh Landing Park and the Turning Basin. The major arterials serving the project site are East Washington and D Streets. Weller Street provides direct access to Cavanagh Landing Park. Transportation and Circulation Impact Discussion: 3.16(a -b) Less than Significant Impact: Primary access to the project site is provided by Weller Street, which is a minor arterial. Patrons will enter the site via the existing ramp and gangway at Cavanagh Landing Park. Parking is accommodated through the use of four existing standard parking spaces and one existing ADA compliant parking space for a total of five off - street parking spaces. The current parking spaces are located immediately adjacent to Cavanagh Landing Park and perpendicular to Weller Street. The existing parking spaces are expected to provide sufficient parking facilities for residents and visitors as the project only requires one standard parking space and one ADA compliant parking space, with are currently provided. Additionally, parking is allowed along Weller Street within the right -of -way. As a small boat rental facility, the project is not expected to generate vehicle trips that would cause traffic levels to exceed, either individually or cumulatively, a level of service standard established for designated roads or highways. As described above, the 2025 General Plan identifies LOS D and above as an acceptable level of service. The project will not cause a substantial increase in traffic relative, to the existing traffic load and capacity of the street system nor will the project affect level of service or substantially increase delays at intersections in the project vicinity. Therefore, impacts to LOS due to the project's trip generation will be less than significant. 3.16(c) No Impact: The project will have no impact on air traffic patterns, given the nature and location of the residential development, which is well outside of the established airport flight pattern. 3.16(d) Less than Significant Impact: The project does not propose any new elements that would adversely impact site distance along Weller Street. The project does not propose the introduction of shrubs or trees that would alter the current visibility, nor does it propose any design features that would reduce site distance. As proposed, there are no hazards that impede or block visibility or represent an incompatible design feature. Therefore, the project will have a less than significant impact due to a site design hazards. 3.16(e): Less than Significant Impact: As proposed, the project will not affect emergency access. Emergency vehicle access will not be adversely impacted. Therefore, potential impacts due to a conflict with emergency access will be less than significant. 3.16(f) Less than Significant Impact: The Project conforms to adopted policies, plans, -and programs supporting public transit, pedestrian and bicycle facilities. The project will utilize existing pedestrian facilities on site and further proposes improvements in order to bring them into compliance with the current ADA requirements. As indicated by DEIR Figure 3 -2 -3 "Bike Routes," there is a planned Class I Off Street bike route proposed to extend around the periphery of the Turning Basin. Additionally, Class 11 and Class III on- street bike lanes are proposed for nearby arterials and minor arterials. At present there are two access routes providing pedestrian connectivity to the dock. The approach from the east off of Weller Street includes a concrete ramp and metal gangway and the approach from the west (within Eagle River Plaza) includes wooden stairs, a ramp, and a metal gangway. The project will not alter access from the Eagle River ramp. However, the project proposes to upgrade the ramp and gangway to achieve ADA compliance. Additional, improvements to the access point from Cavanagh Landing Park include the following: 1. Sidewalk at front of site to feature roll over curb 2. Parking that includes accessible aisle and accessible van parking 3. Ramp off Weller Street to be at 1 :12 slope 4. New handrails and railings on ramp 5. Handrails to be added to both sides of gangway Page 54 of 60 April 2015 S_! 9 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT The project site is located in close proximity to alternative transportation opportunities. The Petaluma bus transit station and future SMART station are located within walking distance. The project is accessible through all modes of transportation including passenger vehicles, public transit and bicycles. It is also easy accessible to pedestrians from downtown. There are no aspects of the project that would decrease performance or safety of existing alternative transportation facilities. The project site will be accessible from the existing pedestrian and bicycle facilities in the project vicinity. Therefore, impacts due to a conflict with an established regulation or plan pertaining to alternative modes of transit would be less than significant. Mitigation Measures: None Required. 3.17. UTILITIES AND SERVICE SYSTEMS Would the project: p 1 Potentially Less Than Less than Significant No Significant with Significant Impact Impact Mitigation Impact a) Exceed wastewater treatment requirements of the ❑ ❑ ® ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ ® ❑ existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ ❑ ® ❑ facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve ❑ ❑ ® ❑ the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the ❑ ❑ ® ❑ project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted El ❑ ® ❑ capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ® ;❑ regulations related to solid waste? Sources: 2025 GP and GP EIR. Utilities and Service Systems Settings: The City of Petaluma collects Impact Fees for wastewater, storm drain, and other utilities and service systems. The one -time impact fees are charged to offset the cost of improving or expanding city facilities in order to accommodate new private development. The fees are utilized to fund the construction or expansion related to capital improvement necessitated by cumulative growth citywide. The project will require that service connections be installed to meet the demands of the new restroom and shower facility at Cavanagh Landing Park. The extension of services will not require substantial infrastructure improvements or enhancements in order to adequately serve the project site as the necessary utilities currently exist within Weller Street right -of -way and the surrounding area is well served by existing public utilities. Page 55 of 60 _ April 2015 �— S FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Water Service System The Petaluma Department of Public Works and Utilities is the water purveyor for the City of Petaluma. The City purchases potable water wholesale from the Sonoma County Water Agency (SCWA). The primary source of water is supplied by the Russian River and supplemented with groundwater from the Santa Rosa Plain via the Petaluma Aqueduct. The City of Petaluma also extracts groundwater. Groundwater serves as an emergency water supply in the event that SCWA water deliveries are curtailed. The City's Water Resource & Conservation District (WR &C) provides municipal water service to upwards of 60,000 customers and is required to prepare an urban Water Management Plan (UWMP) on a 5 -year basis, pursuant to the Urban Water Management Plan Act. The City's 2010 UWMP updated the water supply /demand projections set forth in the General Plan 2025 by extending the term of water analysis through the year 2035. The UWMP water analysis further refined the supply and demand management programs based on population trends and land uses set forth in the 2025 General Plan, the current water supply contract with the Sonoma County Water Agency (SCWA), and planned City water recycling and water conservation programs. The 2010 UWMP projected that by 2035 (expected General Plan buildout year) the gross water demand would be 14,022 acre -feet per year. It further estimated that implementation of water demand reduction programs would achieve a water savings of 2,402 acre -feet per year. Therefore, the net demand projected for the City's water service area is 11,047 acre -feet at buildout of the General Plan. As a potable water purveyor, the SCWA also prepared a 2010 UWMP (Brown & Caldwell June 2011), which was adopted on June 21, 2011. The SCWA maintains water rights permits for surface water from the Russian River with a limit of 75,000 acre -feet per year. The permits typically contain terms limiting the rates of direct diversion in order to protect fish and wildlife species and recreation activities. It is anticipated that the SCWA will obtain water rights approval from the State water control board to increase future water diversions .above 75,000 acre feet in 2027 and to 80,000 acre -feet in 2035. This expectation is based on a number of factors including the fact that the physical infrastructure needed to support additional diversion already exists, the requested increase remains relatively small, customers and policy makers are maximizing conservation efforts to the greatest extent practicable and finally, that the need for additional diversions is supported by the findings of the SCWA 2010 UWMP. Accordingly, the SCWA expects to be able to increase annual water deliveries to Petaluma from approximately 7,200 acre -feet in 2010 to 11,400 acre -feet by 2035. California has experienced several consecutive dry years and on January 17, 2014 Governor Brown declared a drought emergency. SCWA and. members of the Sonoma -Marin Saving Water Partnership, including the City of Petaluma approved a resolution seeking a 20% voluntary water reduction. Despite the low rainfall Lake Sonoma, which provides a majority of the SCWA water supply, is of 86% capacity (as of February 2, 2015) and has multiple years of water supply remaining. Accordingly, mandatory conservation measures are not currently required nor are they anticipated since adequate water supplies are currently available and will continue to be available. Fluctuations in annual rainfall are anticipated and are considered in long -term water management planning as described in the UWMP. The analysis therein concluded that there are sufficient water supplies to meet existing and future demand generated by increased growth and development. The General Plan policy 8 -P -4 stipulates the need for routine monitoring of water supplies relative to actual use and expected demands of each. new development project as a means to ensure that the City of Petaluma maintains a sufficient water supply to meet the City's water demands through General Plan buildout. Wastewater Treatment The Ellis Creek Water Recycling Facility treats all wastewater generated by the City of Petaluma and the unincorporated Sonoma County community of Penngrove. The water recycling facility produces tertiary recycled water in compliance with the California Department of Health Services Title 22 requirements for unrestricted use. The wastewater treatment system is comprised of more than 195 miles of underground piping and 9 pump stations, with plans for incremental expansion until 2025. Treatment capacity is at approximately 6.7 million gallons per day (average dry weather flow) with actual treatment at approximately 5 million gallons per day. During the dry summer months, recycled water is introduced into the City's recycled water system with allowable irrigation uses including residential landscaping, unrestricted access golf courses, agricultural lands, parks, playgrounds and schools and other uses permitted by the California Department of Health and Safety Code. As set forth in the General Plan EIR, the Ellis Creek Facility has the capacity to serve all wastewater treatment needs for the City through 2025 and beyond. Page 56 of 60 April 2015 - �� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT Storm Drains Within the City of Petaluma storm drains convey runoff from impervious surfaces such as streets, sidewalks, and buildings to gutters that drain.to creeks and the Petaluma River and ultimately the San Pablo Bay. This water is untreated and carries with it any contaminants picked up along the way such as solvents, oils, fuels and sediment. The City has implemented a storm drain - labeling program to provide a visual reminder that storm drains are for rainwater only. The City's Stormwater Management and Pollution Control Ordinance, set forth in Chapter 15.80 of the City's Municipal Code, establishes the standard requirements and controls on the storm drain system. All existing and proposed development must adhere to the City's Stormwater Management and Pollution Control Ordinance, as well as the policies set forth in the General Plan. Utilities and Service Systems impact Discussion: 3.17(a) Less Than Significant Impact: The project will not exceed wastewater treatment requirements set forth by the Regional Water. Quality Control Board, nor will the project necessitate the expansion or construction of wastewater treatment facilities. The wastewater generation of the proposed project is limited to the small restroom and shower facility proposed within Cavanagh Landing Park. The wastewater generated by this use is within the capacity of the existing sanitary sewer lines and the City's wastewater treatment plant as discussed in subsections 3.17 b and e below. The project does not propose any industrial uses .that would generate wastewater requiring special treatment or contain constituents exceeding applicable standards. Therefore, the project's impacts to wastewater facilities would be less than significant. 3.17(b) Less than Significant impact: The expected wastewater generated by the project is consistent with the service needs anticipated by the Petaluma General Plan 2025 and will not require the expansion of treatment facilities or the construction of new facilities. Wastewater flows will be conveyed to the Ellis Creek Water Recycling Facility that has sufficient operating capacity to handle the minimal additional flows generated by the public restroom facility. There would be no new construction or expansion of domestic water or wastewater facilities as part of the proposed project. Therefore, the project would have less than significant impacts to wastewater treatment capacities. (Also see response 3.17(d) below). 3.17(c) Less Than Significant Impact: Construction of the proposed restroom and shower facility will have a negligible affect on imperious surfaces at Cavanagh Landing Park. Due to the limited size of the restroom facility any increase in runoff would be negligible. Installation of the new Floathouse and dock will have no impact to storm drainage. No aspects of the project necessitate the construction or expansion of new storm drain facilities. There are no new storm drains and expansion of stormdrains required for the proposed project. Therefore, impacts to storm drains from the project would be less than significant. 3.17(d) Less Than Significant Impacts: The 2010 Urban Water Management Plan updated the General Plan 2025 water analysis and further refined a water supply program that relies upon water from SCWA, recycled water (potable offset), and conservation. In comparing actual demand for potable water to an annual SCWA supply limit for Petaluma of 4,366 million gallons per year (13,400 acre -feet) and a peak supply limit of 21.8 million gallons per day it was found that, in both instances, potable demand is within available SCWA supply capacity. Conservation efforts including tiered water rates and the conversion of the Rooster Run Golf Course to recycled water have kept annual and peak demands within the. available SCWA supply at approximately 3,190 million gallons per year, with an average day maximum month peak demand of 12.42 million gallons. These water demand figures are within the available SCWA supply. The existing water supplies, facilities and infrastructure are sufficient to meet the minimal demands of the project without the need for expansion or new construction of potable water facilities. A standard condition from the department of Water Resources and Conservation requires that the project comply with the City's Water Conservation Ordinance for interior and exterior water usage. Water demand onsite will be limited through water efficient fixtures and appliances in the restroom facility consistent with requirements established by the CalGreen Building Code. The project is not expected to create a new water demand that would exceed water supplies. Therefore, the project's impacts to water supplies and related infrastructure would be less than significant. Page 57 of 60 April 2015 FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.17(e) Less Than Significant Impact: The very minimal increase of one new public restroom facility is well within the flow capacity analyzed as part of the General Plan. The proposed project will not generate wastewater that exceeds the capacity of the City's wastewater treatment plant, when added to existing and projected commitments through General Plan buildout. Therefore, the project will have less than significant impacts related to the capacity of wastewater treatment facility. 3.17(f -g) Less Than Significant Impact: The Floathouse project is expected to contribute minimally to the generation of solid waste within the UGB. Policy 4 -P -21 requires waste reduction in compliance with the Countywide Integrated Waste Management Plan (CoIWMP). The amount of solid waste generated by the project is considered negligible and is consistent with the service needs anticipated by the Petaluma General Plan and evaluated in the General Plan EIR. Solid waste disposal facilities are owned and operated by the Sonoma County Department of Transportation and Public Works and the City maintains a franchise solid waste hauling agreement requiring the franchise hauler as part of its contractual obligations to select properly permitted Approved Disposal Location(s) with adequate capacity to serve city service needs. Although the project will generate additional solid waste, particularly during the construction phase, the project's contribution is considered minimal and is not expected to exceed landfill capacity. Therefore, the project will have a less than significant impact due to the disposal of solid waste. At present, the City is under contract with Petaluma Refuse and Recycling for solid waste disposal and recycling services. This company provides canisters for waste, green (plant waste) materials, and recycling. Solid waste is collected and transferred to the Sonoma County landfill sites. At operation the project is not expected to substantially increase the amount of solid waste generated. Waste receptacles currently exist at Cavanagh Landing Park and would continue to serve the site at project operation. The project would generate excess solid waste that would exceed landfill capacity. The project will comply with all federal, state, and local statutes and regulations related to solid waste. Therefore, the project would have a less than significant impact due to solid waste disposal. Mitigation Measures: None Required. Page 58 of 60 April 2016 �� FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 3.18. MANDATORY FINDINGS OF SIGNIFICANCE (CAL. PUB. RES. CODE §15065) A focused or full environmental impact report for a project may be required where the project has a significant effect on the environment in any of the following conditions: Less Than Potentially Significant Less than No Significant with Significant Impact Would the project: Impact Mitigation Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten ❑ ® ❑ ❑ to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a ❑ ❑ ® ❑ project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will ❑ ® ❑ ❑ cause substantial adverse effects on human beings, either directiv or indirectiv? Mandatory Findings Discussion: 3.18(a) Less Than Significant Impact with Mitigation: The project is located within the UGB and is considered as part of the development anticipated by the City's General Plan and analyzed in the EIR. The project is consistent with the General Plan Land Use and goals, policies and programs. With implementation of mitigation measures set forth above the project's potential impacts to the quality of the environment would be reduced to levels below significance. As such, the project will not degrade the, quality of the environment, reduce habitat, or affect cultural resources. Therefore, the project will have less than significant impacts due to degradation of the environment, with implementation of the mitigation measures set forth herein. 3.18(b) Less Than Significant Impact: The project is consistent with the land use designation for the site and the City's long -range plan for future development. The project is also consistent with the surrounding land uses and implements the intent of the Central Petaluma Specific Plan and Petaluma River Protection and Enhancement Plan through promoting river - dependent recreational activities and enhancing public access to the Turning Basin. Public utility and service providers are capable of serving the project with existing facilities. Potential environmental impacts of the project would not be cumulatively considerable. The project does not increase the severity of any of the impacts from the levels identified and analyzed in the General Plan EIR, Therefore the project's cumulative impacts will be less than significant 3.18(c) Less Than Significant Impact with Mitigation: The project has the potential to result in adverse impacts to biological resources, cultural resources, geology and soils, hydrology and water quality, and noise. With those mitigation measures set forth above, the project will have less than significant environmental effect that would directly or indirectly impact human beings onsite or in the project vicinity. Therefore, with implementation of identified mitigation measures the project will have less than significant impacts due to substantial adverse environmental effects. Page 59 of 60 April 2015 S q FLOATHOUSE AND CAVANAGH RESTROOM PROJECT 4. REFERENCE DOCUMENTS: General Plan and Zoning Ordinance General Plan Chapter 1. Land Use, General Plan Chapter 7. Community Growth Management, & the Built Facilities, Services & Education Environment General Plan Chapter 2. Community General Plan Chapter 8. Water Design, Character, &Green Building Resources General Plan Chapter 3. Historic General Plan Chapter 9. Economic Preservation Health & Sustainabilit General Plan Chapter 4. The Natural General Plan Chapter 10. Health & Environment Safety General Plan Chapter 5. Mobility General Plan Chapter 11. Housing General Plan Chapter 6. Recreation, Implementing Zoning Ordinance/ Music, Parks, & the Arts Maps Central Petaluma Specific Plan 2013 Smart Code Other Sources of Information Petaluma UWMP Published Geological Maps SCWA UWMP General Plan 2025 EIR FEMA Flood Insurance Rate Maps SMART Master Plan , BAAQMD CAP BAAQMD CEQA Guidelines Petaluma River Access and Trestle Rehabilitation. Project, Enhancement Plan Environmental Assessment and Initial Study /Proposed Mitigated Negative Declaration, June 13, 2012 Floathouse Small Craft Rental Center Floathouse Elevations Prepared by & Cavanagh Restroom Project MAD Architecture Architectural and Civil Drawings, Prepared by MAD Technical Appendices: The following resources were prepared in order to further identify project specific parameters. Copies of these technical documents are incorporated herein by reference are available for review during normal business hours at the City of Petaluma, 11 English Street, in the Community Development Department. A-. "Biological Resources Assessment Report," prepared by WRA Environmental Consultants, May 21, 2014. B. "Floathouse Boat Rental Center Accessibility Assessment," prepared by MIG, March 2014. Page 60 of 60 April 2015 —�j O ATTACHMENT 6 Iv BAST NSTREET PRO P1=.' R-E ) r-:8 tel 707 795-44177, fax 707 796.62-b3 May 18, 2015 Ms. Heather ffines City of Potalum , Planning Department I I English Stredit Petaluma, CA 94952 Dear Heather.. Our company, Basin Street.Properties, has had 4 logg and-sucemAd histoty hete in this' con=unity -a-ad we Mradn comWitted to Widing abetter Pefduhia. In tdcoftt years, several of our Projects, �4_t the Theater Di9trict -aO4 soon I;qwtfront,. have -riseg next to the POWuMa. River—a uwqae and valuable natural resource deserving of moTe attention: WeAlso provide property managiment services for the. River'Plaza-,Shoppffig Center. We ate m' fWl support oftbe­ Petaluma SM411 Craft Contei's'proposed,'Fi-oatlio-4-so Small Craft Ot in the p.etaluMa Turd Rental Center r-pTpje Basin,, adjacent to the River Plaza. The project will provide. mubh riteded river acc.egs for the owzmwity fts• -well 48 to vfgftoxs W PI-Ofaluu'ia. W6. anticipatc�that the FIbathouse project-wift 4so.cooplenient the exittiug bushiess -es- at the River Plaza and throughout .the downtown ih the years to cpme. We have proviod input and support on theTloathouse project during its dove and we encourage the Planning Commission to, approve the project cud h p ' rdja . help make Petaluma an even b6tter "River Td*-n.1' Since VY) ?AUI ANDRONI�O SR--. "VICE PRES115ENT )3Asm S.TRBriT PRaPFwi Es VI 9 C stf6ef RetaIuma, CA 94952 WOAMBASUNI-STRE ET. COM Mitch Lind, President Lind Marine 300 East D Street, Petaluma, CA 94952 May 17, 2015 Heather Hines City of Petaluma Planning Department 11 English Street- - Petaluma, CA 94952 Dear Ms. Hines, - I am writing you to express support for Greg Sabourin and the PSCC's Craft Rental Center project and . boathouse. As owners of Lind Marine, formerly Jerico Products, Inc., we have been here on the river for decades. During that time we have seen many changes on the river. We have seen the rise of recreational uses on the river, from the small boat users to the comings and goings of the Petaluma Yacht Club. These recreational uses have all come together over the years to add much color and interest to the river, and by extension, to our great City. I think the addition of the small craft rental center to the turning basin will be a great boon to the downtown as well. it will provide recreation and education for the general public, and will "clean up" some of the less family - friendly activities that have occurred there over the years. . The plans for the-small craft rental center can only lend beauty to the turning basin. The designs as shown for this dock -based facility have a great aesthetic, particularly the boathouse. We strongly support Greg Sabourin and his efforts toward this small craft rental center, and are sure he will do a great job encouraging boating, and making sure that boaters understand general water safety, particularly while near commercial vessels that moving up and down the river. Yours ' Mitch Lind .J 0 IFI . . . . . . . . . . . . . . . . --------------- C O M P A_N_ I _E__S Shaping real estate globally... since 1978 May 7, 2015 To Whom It May Concern: Please accept this letter in support of the Floathouse Proposal. As a nearby property owner, we are thrilled by benefit that the Floathouse proposal brings to the community of Petaluma. We are currently .in process of developing plans for our property located at 215 Weller Street in Petaluma for a mixed -use residential and commercial development. The' addition of the Floathouse would be a tremendous amenity, not only for our project, but for the community at large. The Floathouse provides the community with a great recreational amenity focused on health and fitness and also helps the community to reconnect with and activate the river. As a result, we are pleased to provide you with this letter in support of the Floathouse Proposal. Should you have any questions, please feel free to contact Carey Algaze, Planning Manager at Pacifica Companies (619) 296 -9000 x178. Sincerely, r Pacifica Haystack Li? I Hines, Heather From: Jeff Kellogg <jeff @clavey.com> Sent: Monday, May 11, 2015 1:10 PM To: Hines, Heather Cc: Greg Sabourin Subject: x Letter of Support for Floathouse May 11, 2015 Heather Hines, City of Petaluma Planning Department 11 English Street Petaluma, ,CA 94952 Dear Ms. Hines: We are writing to support the building of the Floathouse Small Craft Rental Center in the Turning Basin in Petaluma by the Petaluma Small Craft Center. As a locally based business that provides sales, service, rentals and instruction for kayaks and stand up paddleboards, we feel this facility is long overdue and will benefit our business by providing public access to our local paddling resource. We look forward to referring aocals and tourists alike to this facility. Sincerely, Jeff Kellogg President Clavey Paddlesports 5 u 1 r I 6` a Board of lw it ctors Lois Santero, Chair Laurie Camaron Jo Dargle Helaine Dorenfeld Merifee Fielding Danny Fish Rodney Gagnon Catina Haugen Peter Kostas Cici Plotrkowskf John Ryan Lomesh Shah Lisa Stavropoulos Executive Director Deborah L. Dalton Staff Darlene Barrett- Garrahan Kim Hospodar Chris Bell Penn Sorpranith Kim Behen Me 'i C H A N G fill 0 L I V R 5 Ms. Heather Hines Planning Department, City of Petaluma 11 English Street Petaluma, CA 94952 Dear Ms. Hines, It is with pleasure that 1 write this letter of support of the Flo athouse Small Craft Rental Center project proposed by Greg Sabourin of the Petaluma Small Craft Center (PSCC). Over the last three years,. PSCC. has donated over 12 summer camp sponsorships to Mentor Me. The opportunity to explore the Petaluma River on small crafts is one that could not be afforded by the 87% of our mentees who come from low- income households. Through their generosity our kids have discovered cultural and historical landmarks in their very own beloved town! Bekf Long Mentor Me stands strongly by the Petaluma Small Craft: Center in their Kathy O'Sullivan efforts to bring affordable moat rentals to the city of Petaluma, I believe the Floathouse Small Craft Rental Center wrll open world of discovery, Lyn Romstad education and support the youth and community of our city. Nanci Ryan t idaa Shaheen Best Regards, MENTOR ME 426 8th Street Petaluma CA 94962 Deborah Dalton 707-778-479,8 www.mentormepetaluma.org Executive Director ,✓ f Hines, Heather From: John FitzGerald <johnfitz3 @att.net> Sent: Thursday, May 14, 2015 10:05 AM To: Hines, Heather Subject: Floathouse Heather Hines City of Petaluma, Planning Department 11 English Street Petaluma, CA 94952. Heather, I have been involved over; the last couple of years helping Greg Sabourin and the Petaluma Small Craft Coalition with this very worthwhile project. As a long time river user and advocate I am very excited about seeing more opportunity for our citizens and visitors to "get on the water ". The idea of a rental center is not new. In the late 1990s while I was a Parks Commissioner, Jim Carr, the Director of Parks and Recreation at the time, was pushing for this :very same thing ..... a City run facility at the Turning Basin. Finally, we have the opportunity for this dream to come true!! There has been a lot of hard work and effort by many to get this project tolthis point in time. I do hope that the approval process can move forward to final approval in a timely manner. The Floathouse will be a great recreational opportunity for youth and adults alike. Sincerely, ` John FitzGerald, PLS, CE, Petaluma Water Ways 'MaYT3, 0x5 Heather Hines titydf ' -lum8'PlannIngPep.qrim- Pet.a ,.ent 4E(I . g1to Rredt Mal. uMa,-CalIf6thIa.q49.52 Craft. ci��rit& Proposal $U.WO-c.t.Petaluma*-�.n-tajJ­ ­ ' Dgar *; Hines: We-af6:edcou Potitum- a.Pilanhin -C - ` I' tho"htM consideration 6f g --ornmissionis italurnalagir!"tIe' i The Pe Small �raft�center's proposal for a-sthah craft.rehuil center in thOTOrhing Bdsih.A f4fttal teintOftuld imp rd%id ppO-*ertU ft Os-M people ih.h. 0 urnaw-pow d 94 AreziwSt4#-si-whithistwhep*r'.im'ar'y'-g'o I he�84n:�rand a oft i4to Bay.Are.aWaterTrail. 'MMaW` Traill is*a voltjntary,:plA'fthOd n4-`wofk- ofacc . i�,.or"'traifFfgtads,�-'.dt�4:tgnedto qs!s site snake it e6sie r for eoplo'ust n n 66-hotbriied small boas or-boaMstasafe(Y ehfaythe- historic; sCenfcj ctiltural, and environmental rtichness of Sari Frafitiko-66yand fts tributary waters: Mdr6 thah-ido potential ttailheadsthi6ugh0vttheni*o= q cp'r t y q, Basin, are -'being considered .fqrJ- c sion.4 i n I.0 lntp4he.network. The etta bligh-merit-ofa shall -craft ren- tAl center -would be a sig'nIftcant step* in tho lohq.-anticipated de§ljgi%tion* 6fth6 Turnl . - Bash as nq part of the WatPrTriA. 'DI&W6VMari, Project-Managef State C�iastal s.e.Nancy qen Bdikinj P.*.rd* Lmct­M rtqgqr A's QdAijonb 6a .. yArLIA OMMments , 1, t p3o f3roadwa t3!� qjr, k V, Pic 'CA 04-48t-tbls www'-sfbaywatedraff.p.ru Ms. Olivia Ervin City of Petaluma 11 English Street Petaluma, CA 94952 Dear Ms. Ervin: Subject: Floathouse Small Craft Rental Center and Cavanagh Landing Park Restroom Project, Mitigated Negative Declaration, SCH #2015042070, City of Petaluma, Sonoma County The California Department of Fish and Wildlife (CDFW) has reviewed the documents provided for the subject project, and We have the following comments. Please be advised that a California Endangered Species Act (CESA) Permit must be obtained if the project has the potential to result in take of species of plants or animals listed under CESA, either during construction or over the life of the project. Issuance of a CESA Permit is subject to the California Environmental Quality Act (CEQA) documentatiorr - therefore, the CEQA 'locument:musf'specif�rimpacts; rriiti�ationmeas�res, �nci a mitigation monitoriii� andi=eporting program. -If the project will impact CESA listed species, early consultation is encouraged, as significant modification to the project and mitigation measures may be required in order to obtain a CESA Perrrrit. For any activity that will divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream, ,or use material from a streambed, CDFW may require a Lake and Streambed Alteration Agreement.(LSAA), pursuant to Section 1600 et-seq. of-the Fish and-'Game Code, with the applicant.- Issuance of -an LSAA is subject to CEQA. CDFW, as a responsible agency under CEQA; will consider the CEQA document for --the project. The GEQA document should fully identify the potential impacts to the stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for completion of the agreement. To obtain information about the LSAA notification process, please access our website at https: / /www.wildlife.ca.ciov /Conservation /LSA; or to request a notification package, contact CDEW's Bay Delta Regional Office at (707) 914- 550.0. If you have any questions, please contact Mr. Timothy_© odson ,_Environmentel.,Scienfiisfi,. at,._ (707) 944 -5513; r r. Craig WeigFitman, Environmental Program Manager at (707) 944 -5577. Sincerely, � In, Scott Wilson Regl6 al'Mariager Bay Delta Region cc: State Clearinghouse Conserving California's Wiffffe Since 1870 1 -1 'STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 Olivia Ervin City of Petaluma 11 English Street Petaluma, California 94952 May 26, 2015 Czokk ?-- File Ref: SCH #2015042070 Subject: Mitigated Negative Declaration (MND) for Floathouse Small Craft Rental Center and Cavanaugh Landing Park Restroom, Sonoma County Dear Ms. Ervin: The California State Lands Commission (CSLC) staff has reviewed the subject MND for the Floathouse Small .Craft Rental Center and Cavanaugh Landing Park Restroom Project (Project). The city of Petaluma (City), as the local land use authority considering issuance of a Conditional Use Permit to the Petaluma Small Craft Center (PSCC), is the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq). The CSLC is a trustee agency for projects that could directly or indirectly affect sovereign lands and their accompanying Public Trust resources or uses. Additionally, because the Project involves work on sovereign lands, the CSLC will act as a responsible agency. CSLC Jurisdiction and Public Trust Lands The CSLC has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable lakes and waterways. The CSLC also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub. Resources Code, §§ 6301, 6306). All tidelands and submerged lands, granted or ungranted, as well as navigable lakes and waterways, are subject to the protections of the Common Law Public Trust. As general background, the State of California acquired sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways upon its admission to the United States in 1850. The State holds these lands for the benefit of all people of the State for statewide Public Trust purposes, which include but are not limited to waterborne commerce, navigation, fisheries, water - related recreation, habitat preservation, and open space. On tidal waterways, the State's sovereign fee ownership —Z JENNIFER LUCCHESI, Executive Officer (916) 574 -1800 Fax (916) 574 -1810 California Relay Service TDD Phone 1 -800- 735 -2929 from Voice Phone 1- 800 - 735 -2922 fi t. Contact Phone; (916) 574 -1890 `- Contact FAX: (916) 574 -1885 c ef�/eltie�r� 1�.s8 May 26, 2015 Czokk ?-- File Ref: SCH #2015042070 Subject: Mitigated Negative Declaration (MND) for Floathouse Small Craft Rental Center and Cavanaugh Landing Park Restroom, Sonoma County Dear Ms. Ervin: The California State Lands Commission (CSLC) staff has reviewed the subject MND for the Floathouse Small .Craft Rental Center and Cavanaugh Landing Park Restroom Project (Project). The city of Petaluma (City), as the local land use authority considering issuance of a Conditional Use Permit to the Petaluma Small Craft Center (PSCC), is the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq). The CSLC is a trustee agency for projects that could directly or indirectly affect sovereign lands and their accompanying Public Trust resources or uses. Additionally, because the Project involves work on sovereign lands, the CSLC will act as a responsible agency. CSLC Jurisdiction and Public Trust Lands The CSLC has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable lakes and waterways. The CSLC also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub. Resources Code, §§ 6301, 6306). All tidelands and submerged lands, granted or ungranted, as well as navigable lakes and waterways, are subject to the protections of the Common Law Public Trust. As general background, the State of California acquired sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways upon its admission to the United States in 1850. The State holds these lands for the benefit of all people of the State for statewide Public Trust purposes, which include but are not limited to waterborne commerce, navigation, fisheries, water - related recreation, habitat preservation, and open space. On tidal waterways, the State's sovereign fee ownership —Z Olivia Ervin Page 2 May 26, 2015 extends landward to the mean high tide line, except for areas of fill or artificial accretion or where the boundary has been fixed by agreement or a court. On navigable non -tidal waterways, including lakes, the State holds fee ownership of the bed of the waterway landward to the ordinary low water mark and a Public Trust easement landward to the ordinary high water mark, except where the boundary has been fixed by agreement or a court. Such boundaries may not be readily apparent from present day site inspections. After review of the information contained in the MND, it has been determined that portions of the Project are located on State -owned sovereign land under the jurisdiction of the CSLC, and the City has a 45 -year lease, Lease PRC 5607.9, with the CSLC for the two existing floating docks and launching ramps at this location. This Lease will expire March 31, 2027. On February 26, 2015, CSLC received an application from the PSCC for the proposed Project. Since the Project is to extend one dock and construct a floathouse on the dock for commercial use, both PSCC's application and the City's authorization are required to terminate the existing lease, PRC 5607.9, and issue a General Lease — Public Agency /Commercial Use. The PSCC will be included in the lease as a sublessee for the operations of the floathouse for commercial use. The remainder of CSLC staff's comments remains the same as noted on our previous comments and letters dated July 2, 2013, October 8, 2013, and February 6, 2014 in reference to this Project. Proiect Descriation The PSCC proposes to construct a Floathouse Small Craft Rental Center on the Petaluma River in the City's downtown Turning Basin at Cavanaugh Landing Park. The Project will implement objectives of the City's General Plan, Petaluma River Access and Enhancement Plan, and Central Petaluma Specific Plan by increasing public access to the river and extending the existing floating docks within the Turning Basin. From the Project Description, CSLC staff understands that the Project would include the following components: • Installation of a 46 -foot long by 30 -foot deep floating dock with a 22 -foot by 20- foot rental office (floathouse), to be attached at the west end of the existing City dock and extended southward towards the main channel. The floathouse will provide non - motorized watercraft rentals. • Construction of a low profile, 120 -foot long by 20 -foot deep connect -a -dock floating dock with boat storage, attached to the floathouse office dock and extended southward towards the main river channel. The two docks -will be connected and anchored by approximately six to eight wooden pilings with PVC sleeves. • Construction of 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 Cavanaugh Landing Park. "7 -3 Olivia Ervin Page 3 May 26, 2015 • Installation of concrete sidewalk pavers to connect the parking area to the new restroom facility, and to connect the existing public bench to the dock ramp gangway for Americans with Disabilities Act (ADA) compliance. The Project will use four existing parking spaces at Cavanaugh Landing Park and on- street parking along Weller Street. The new restroom and shower facility will be connected to existing water and wastewater pipelines provided by existing City infrastructure at the Project area. The proposed docks are pre- fabricated and will be ready for installation upon delivery to the Project area. Construction for the docks is limited to piling installation; a floating crane and rig will be used to drive piles into the riverbed. The docks will include downward shielded lighting projected onto the deck surface. The duration of construction is expected to take approximately 2 months, and will occur between July 1 and September 30, in accordance with the National Oceanic and Atmospheric Administration's National Marine Fisheries Service guidelines to protect migrating fish species that may be present within the Petaluma River. Environmental Review CSLC staff requests that the City consider the following comments on the Project's MND. Environmental Setting 1. Please provide more detail on existing uses of the PSCC by answering the following questions: • Do existing uses within the Turning Basin portion of the river require periodic maintenance dredging of the river bed? Will the Project increase the need for I 2' future maintenance dredging? If so, provide this description and analyze this activity in the hydrology section. • . What are the existing concessions, rentals, and recreation uses of the PSCC? is personal watercraft use allowed with PSCC facilities? Is use of motorized watercraft allowed within PSCC facilities? • Does the PSCC currently support a watercraft loading and unloading area for vehicles near the existing dock? . Biological Resources 2. In order to further evaluate potential biological impacts with the Project, the MND should identify whether personal watercraft use is currently allowed, or would be 7,—'S allowed with the new dock facilities. If so, the MND should require public education efforts to prevent the introduction and spread of aquatic invasive species (AIS). Such efforts could include: Promotion of clean, drain, and dry practices for watercraft prior to entering the river, and when exiting the river; Promotion of how watercraft can serve as vectors for transport of AIS; -7,� Olivia Ervin Page 4 May 26, 2015 • Photos and description of existing AIS within the river and the ecological and any harm they have caused to the river and bay area environments; and Center staff training for watercraft inspections, identification of AIS, and procedures for decontamination of watercraft with AIS. Cultural Resources 3. Title to Resources: The MND should mention that the title to all abandoned shipwrecks, archaeological sites, and historic or cultural resources on or in the tide and submerged lands of California is vested in the State and under the jurisdiction of 2 a the CSLC. CSLC staff requests that the City consult with Assistant Chief Counsel Pam Griggs (see contact information below), should any cultural resources on State lands be discovered during Project construction. Recreation 4. In order to better analyze recreation demands with existing and future uses of the PSCC, the environmental setting for the, recreation section should provide more description on other locations within the Project vicinity or City limits that provide public access to the river for use of non - motorized watercraft. This information will also help inform potential impacts pertaining to Project area use and parking as articulated with the following transportation questions. Transportation 5. In order to better analyze parking demands with existing and future .uses of the Center, the environmental setting for the transportation section should be updated to explain the following: • If personal watercraft use is currently allowed at the Center, or will be allowed through the Project; • If the Center currently supports a watercraft loading and unloading area for vehicles near the existing dock; and • More detail on use of the existing four on -site parking spaces during peak use periods and impacts on overflow parking areas. This information will provide a more informative assessment of existing and future demands on existing parking resources, and level of public accessibility to the river. If personal watercraft use is or will be allowed, this could increase public demand for parking (on and off - site), and increase use of a watercraft loading and. unloading area for visitors parking off -site. Thank you for the opportunity to comment on the MND for the Project. As a responsible and trustee agency, the CSLC will need to rely on the Final MND for the issuance of a new lease as specified above and, therefore, we request that you consider our comments prior to adoption of the MND. 7-5 Olivia Ervin Page 5 May 26, 2015 Please send copies of future Project - related documents, including electronic copies of the Final MND; Mitigation Monitoring and Reporting Program, and Notice of Determination when they become available, and refer questions concerning environmental review to Jason Ramos, Senior Environmental Scientist, at (916) 574- 1814, or via e -mail at Lason.ramos aslc.ca.gov. For questions concerning archaeological or cultural resources under CSLC jurisdiction, please contact Assistant Chief Counsel Pam Griggs at (916) 574 -1854 or via e -mail at Pamela.GriggsC@slc.ca.gov. For questions concerning CSLC leasing jurisdiction, please contact Mary Jo Columbus, Public Land Manager, at (916) 574 -0204, or via e -mail at maryio.columbusCDslc.ca.gov. Rre Chief Division of Environmental Planning and Management cc: Office of Planning and Research M. Columbus, CSLC P. Griggs J. Rader, CSLC J. Ramos, CSLC 7 -6 Judy Arnold, Chair Marin County Board of Supervisors Barbara Pahre, Vice Chair Golden Gate Bridge, Highway /Transportation District Jim Eddie Golden Gate Bridge, Highway/Transportation District Debora Fudge Sonoma County Mayors and Councilmembers Association Madeline Kellner Transportation Authority of Marin Jake Mackenzie Sonoma Mayors and Councilmembers Association Stephanie Moulton- Peters Marin Council of Mayors and Councilmembers Gary Phillips Transportation Authority of Marin David Rabbitt Sonoma County Board of Supervisors Carol Russell Sonoma Mayors and Councilmembers Association Kathrin Sears Marin County Board of Supervisors Shirlee Zane Sonoma County Board of Supervisors Farhad Mansourian General Manager 5401 old Redwood Highway Suite 200 Petaluma, CA 94954 Phone: 707 - 794 -3330 Fax: 707 - 794 -3037 www.sonomamarintrain.org AREA RAIL TRANSIT May 26, 2015 Olivia Ervin City of Petaluma, Planning Division 11 English Street Petaluma, CA 94952 Dear Olivia, Thank you for the opportunity to comment on the application process for a Conditional Use Permit (CUP), Site Plan and Architectural Review for the proposed Floathouse Small Craft Rental Center project (File No: PLSR- 14- 0013). As noted in the Environmental Setting of the IS /MND, the project site is within a 1/4 mile of the Downtown Petaluma SMART station. SMART welcomes the opportunity for increased access to recreational uses in the station area but has one concern associated with the project. SMART would like to acknowledge that the project will accommodate an increase in the use of small watercrafts on the Petaluma River which has the potential to negatively impact SMART commuter rail operations. The IS /MND addressed and found no significant impact to roadway vehicle traffic, but it did not consider the relationship between waterway and rail traffic. SMART is currently in the process of replacing the Haystack Bridge which spans the Petaluma River just south of the project site. Once SMART completes the replacement of the Haystack Bridge, the clearance beneath the bridge will range from 3.5 feet at high tide to 9.25 feet at low tide. According to 33 C.F.R. §117.5, the bridge must open at the request of any vessel, regardless of clearance. SMART looks forward to working with all parties to ensure timely commuter service and the safe passage of all vessels - water and commuter rail vehicles. Again, thank you for the opportunity to comment on this project, and please do not hesitate to contact SMART with questions. `SV-nM y, \ Leckel Seni or Planner Sonoma Marin Area Rail Transit District 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 City of Petaluma August 2015 FLOATHOUSE SMALL CRAFT RENTAL CENTER AND CAVANAGH LANDING PARK RESTROOM RESPONSE TO COMMENTS [TO BE INSERTED IN SECTION 5.0 OF IS /MND] This attachment includes comments received during the public review period of the Draft Mitigated Negative Declaration (MND) for the Floathouse Small Craft Rental Center and Cavanagh Landing Park Restroom and provides itemized responses to those comments received. The response to comments are intended to provide clarification on issues raised and where appropriate provide an expanded discussion of environmental considerations. None of the comments or responses introduce significant new information or affect the conclusions of the MND. Thus, recirculation of the MND is not warranted. 1. LIST OF COMMENTERS ON THE DRAFT IS /MND The MND was circulated for a 30 -day public review period that began April 23, 2015 and concluded on May 26, 2015. The City of Petaluma received a total of three (3) comment letters on the IS /MND (see commenters 1 -3 below). In addition to the comment letters, the Planning Commission provided comments on the IS /MND during the public hearing held on May 26, 2015. Written and oral comments received during the public review of the IS /MND that are specific to environmental considerations were received from the entities listed below: 1. California Department of Fish and Wildlife (CDFW) May 11,2015 2. California State Lands Commission (CSLC) May 26, 2015 3. Sonoma -Marin Area Rail Trail (SMART) May 26, 2015 4. Planning ,Commission (PC) May 26,2015 2. COMMENTS Commenting Agency: California Department of Fish and Wildlife Status: Responsible Agency Date Received: May 11, 2015 Commenter: Scott Wilson, Regional Manager The following comments are identified in the Department of Fish and Wildlife Letter dated May 11, 2015 entitled: Floathouse Small Craft Center and Cavanagh Landing. Park Restroom Project, Mitigated Negative Declaration, SCH #2015042070, City of Petaluma, Sonoma County. Comment 1 -1 Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page I - -s City of Petaluma August 2015 "Please be advised that a California Endangered Species Act (CESA) Permit must be obtained if the project has the potential to result in take of species or plants or animals listed under CESA." ... "Issuance of a CESA Permit is subject to... CEQA documentation; therefore, the CEQA document must specify impacts, mitigation measures, and a mitigation and monitoring program. Response 1 -1 The commenter advises the necessity of a "Take Permit" and requisite CEQA review in the event the project has potential to result in take of species, plants, or animals listed under CESA. While, this comment does not directly relate to the adequacy of the environmental document a response has been prepared. "Take" is broadly defined to include "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect ". This definition extends to harm through significant habitat modifications or degradation. In order to identify potential impacts to any special status species present in or near the Turning Basin, a Biological Assessment was conducted by WRA in May 2014 and incorporated into the IS /MND by reference. The Biological Assessment found that the project site may provide suitable foraging and /or rearing habitat for juvenile special status fish and /or adult fish migrating up or downstream. Further, it identified the potential presence of four special status bird species that may occasionally forage within the project site study area and /or may nest or roost upstream or downstream of the project site where more suitable habitat is present. The project study area was found to support two biological communities, including coastal brackish marsh, and "other waters ". Accordingly, mitigation measures BIO -1 through BIO -6, set forth in the IS /MND establish specific measures to avoid, minimize or offset potential impacts to special status species, including CESA species, through restrictions on pile driving activities, installation of silt curtains during pile driving, wrapping of new piles to avoid leaching, and limiting construction activities to comply with the MBTA, amongst others. The mitigation measures outlined in Section 3.4 are adequate to ensure that the project does not result in take, inadvertent or otherwise, of any special status species listed under CESA. Comment 1 -2 "For any activity that will divert or obstruct the natural flow, or change the bed, channel, or bank... of a river or stream, or use material from a streambed CDFW may require a Lake and Streambed Alteration Agreement (LSAA)... Issuance of an LSAA is subject to CEQA ... the CEQA document should fully identify the potential impacts to the stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for the completion of the agreement." Response 1 -2 The IS /MND and the Biological Resources Assessment acknowledges that the project may be subject to a LSAA with the CDFW due to the placement of up to 8 piles. As described above, under response to comment CDFW -1, the IS /MND sets forth measure BIO -2 as a means to protect the nearby Coastal Brackish Marsh habitat, which could be affected by increased sediment in the water column as a result of pile driving. The environmental document fully identifies the potential impacts associated with pile driving, and the direct effects to biological resources that may result from the installation of a public dock and the operation of a recreational boat rental facility on the Petaluma River. Thus, adequate avoidance and mitigation are identified in order to support a LSAA, as required. Commenting Agency: California State Lands Commission Status: Responsible and Trustee Agency Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 2 -� -9 City of Petaluma August 2015 Date Received: May 26, 2015 Commenter: Jason Ramos, Senior Environmental Scientist The following comments are identified in the State Lands Commission letter dated, May 26, 2015 entitled: Subject: Mitigated Negative Declaration (MND) for Floathouse Small Craft Rental Center and Cavanaugh Landing Park Restroom, Sonoma County. Comment 2 -1 "Please explain if the project area within the Petaluma River is currently subject to periodic maintenance dredging and whether the proposed project will have potential to increase the need for maintenance dredging at the project area" Response 2 -1 The Comment requests an explanation as to whether the project site is subject to periodic dredging and inquires if the project will increase the need for maintenance dredging. Dredging of the Petaluma River is performed periodically in order to facilitate retention of Petaluma's River dependent commercial and industrial .land uses. The U.S Army Corps of Engineers is mandated to dredge the Petaluma River in order to maintain a navigable waterway. While the normal dredging cycle is four years, dredging activities have been deferred as a result of federal funding shortages. As such, neither the Petaluma River, nor the project area has been subject to dredging since 2006. The City is actively seeking funding for periodic and routine dredging of the river. Approximately $500,000 has been funded to perform environmental analysis and permitting for dredging activities, which is currently underway. As proposed, the project will not generate substantial siltation, will not cause or contribute to erosion, and will not introduce pollutants that would increase the need for maintenance dredging at the project study area or vicinity. Comment 2 -2 "What are the existing concessions, rentals, and recreation uses of the PSCC? Is personal watercraft use allowed with PSCC facilities? Is use of motorized watercraft allowed within PSCC facilities? And, does the PSCC currently support a watercraft loading and unloading area for vehicles near the existing dock? Response 2 -2 The Petaluma Small Craft Center does not currently operate a facility within the Turning Basin or any other stretch of the Petaluma River. The PSCC is a 501c3 non - profit that advocates for public river access for human powered watercraft. The Floathouse Rental Center project will be the organization's first project of its kind. At present, the City of Petaluma Public Dock at the Turning Basin provides public access to the river via existing ramps and public docking facilities. Comment 2 -3 Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 3 -7 -1 o City of Petaluma August 2015 The MND should identify whether personal watercraft use is currently allowed, or would be allowed with the new dock facilities. If so, the MND should require public education efforts to prevent the introduction and spread of aquatic invasive species (AIS)..." Response 2 -3 The commenter asks whether personal watercraft use is currently allowed, or would be allowed with the new dock facilities and if so, suggests the implementation of public education efforts to prevent the introduction of AIS. At present, the Petaluma Turning Basin Public Dock supports the use of personal watercraft and will continue to do so under the proposed project. The expansion of the Public Dock by the Floathouse project would not create or exacerbate the potential for the introduction of AIS. As a boat rental center, most patrons are expected to take advantage of boat rentals rather than bring their own equipment. As described in the Biological Assessment, the most effective means to prevent the introduction' and /or colonization of an invasive species is to limit the area of disturbance and to retain natural habitat conditions. The Biological Assessment explains that in the case of the quagga mussel, an identified invasive species, the high salinity of the Petaluma River during the low flow periods in summer would prevent its establishment. The project does not substantially increase the potential for invasive species since the area of disturbance will be limited during construction and the operating parameters of the boat rental facility is limited to watercrafts using the same body of water. Project construction does not involve extensive bank disturbance or vegetation removal, which can serve as a catalyst to invasive. Rather, construction will be limited to areas outside of the top of bank where the restroom is proposed and will require the removal of one tree. Operation of the Floathouse Rental Center will utilize watercrafts that are routinely cleaned and used primarily on the Petaluma River. Typically the introduction of invasive water species occurs from contaminated boats entering different bodies of water. In the event that watercrafts are used elsewhere, they will be thoroughly cleaned, drained of any water, and dried prior to reintroduction to the Petaluma River in accordance with the California Boating and Waterways Boat Cleaning Procedures. It should be noted that the Turning Basin Dock has existed as a public dock for several decades. As such, recreational boaters are able to utilize the public dock to access the Petaluma River. The project will not cause an increase in the potential for invasive species to be introduced and/ or colonize the Petaluma River. New introductions of invasive vascular plants into the Study Area are not likely because of the relatively small area of high intertidal and uplands capable of being occupied by plants. The plant community presently is a mixture of native and non - native plants with dense cover, and establishment by a new species is unlikely. Comment 2 -4 Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 4 *"1_ -11 City of Petaluma August 2015 "Include language that the title on all abandoned shipwrecks, archaeological site, and historic or cultural resources on or in the tide and submerges lands of California is vested in the State and under the jurisdiction of the CSLC. CSLC staff request that the City consult with Assistant Chief Council Pam Griggs (see contact information below), should any cultural resources on State lands be discovered during project construction. Response 2 -4 Comment noted. Comment 2 -5 " In order to better analyze recreation demands with existing and future uses of the PSCC, the environmental setting for the recreation section should provide more description on other locations within the Project vicinity or City limits that provide public access to the river for use of non - motorized watercraft." Response 2 -5 The comment requests greater discussion of existing public access docks in Petaluma for the use of non - motorized watercraft. At present, Petaluma has a public dock available for use by non - motorized watercraft located at the Petaluma Turning Basin and the Petaluma Marina also provides boat launching facilities for non - motorized watercraft. It should be understood that both of these facilities currently also provide for docking and launching of motorized watercrafts. The proposed Floathouse is expected to increase activity within the Turning Basin and may serve to attract new users. Even with an increase in patronage both locations have sufficient capacity to accommodate non - motorized watercrafts. The introduction of the Floathouse Small Craft Rental Center is not expected to increase patronage to such an extent that it would cause substantial physical deterioration to any recreational facility. Comment 2 -6 "7n order to better analyze parking demands... explain... if personal watercraft use is currently allowed at the Center or will be allowed through the project; If the Center currently supports a watercraft loading and unloading area for vehicles near the existing dock, (provide) more detail on use of the existing four on -site parking spaces during peak use periods and impacts on overflow parking areas" Response 2 -6 As mentioned under response 2 -5 above, the use of personal watercraft is currently allowed at the Turning Basin Dock and will continue to be allowed with the introduction of the proposed Floathouse Rental Center. The proposed Floathouse rental center does not substantially modify access to the Turning Basin. The proposed parking facilities are described in the MND project description, and are in compliance with the provisions of the Central Petaluma Specific Plan, SmartCode. As described in the MND the existing parking is adequate to serve the proposed use. Additionally, on- street parallel parking is allowed on both sides of Weller Street proximate to Cavanagh Landing Park, which would accommodate any overflow vehicles and meet excess parking demands. Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 5 7 -12 City of Petaluma August 2015 It should also be noted that the site is in close proximity to the Petaluma bus transit station and future SMART station. The site was designed to accommodate vehicles in accordance with the prescribed zoning requirements (SmartCode) while at the same time promoting walkability and accessibility. There is no expectation that the parking proposed would be inadequate to serve the site. Commenting Agency: Sonoma Marin Area Rail Transit District (SMART) Status: Commenting Agency Date Received: May 26, 2015 Commenter: Linda Meckel, Senior Planner The following comments are identified in the SMART letter dated, May 26, 2015 for the Floathouse Small Craft Rental Center and Cavanagh Landing Park Project. Comment 3 -1 "SMART would like to acknowledge that the project will accommodate an increase in the use of small watercrafts on the Petaluma River which has the potential to negatively impact SMART commuter rail operations. The ISIMND... did not consider the relationship between waterway and rail traffic. SMART is currently in the process of replacing the Haystack Bridge which spans the Petaluma River just south of the project site. Once SMART completes the replacement of the Haystack Bridge, the clearance beneath the bridge will range from 3.5 feet at high tide to 9.25 feet at low tide. According to 33 C.F.R Section 117.5, the bridge must open at the request of any vessel, regardless of clearance." Response 3 -1 The comment notes that the IS /MND did not consider the relationship between waterway and rail traffic and advises that SMART is in the process of replacing the Haystack Bridge south of the site. The IS /MND evaluated project impacts relative to the baseline conditions. The Petaluma River is designated as a navigable waterway. The Turning Basin has existed as a public dock and has long provided boat launching facilities. With the introduction of the Floathouse Rental Center, the dock will continue to operate in the same manner that it is has in the past. The Floathouse Rental Center does have the potential to increase the frequency and intensity of watercrafts within the Petaluma River. The distance from the Floathouse to SMART's new bridge is approximately 1.4 miles, and will likely experience a marginal increase in activity at that location. However, the clearance needed for a majority of the rental crafts will not necessitate a request for bridge opening as kayaks, canoes, and paddle boats will easily be able to navigate the bridge, even at high tide. As such, the need for routine opening of the bridge is not expected to change substantially with the introduction of the proposed Floathouse Rental Center. Commenting Agency: City of Petaluma Planning Commission Status: Lead Agency Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 6 -� -/ 3 City of Petaluma August 2015 Date Received: May 26, 2015 Commenter(s): Planning Commission Members The following comments were provided by the Planning Commission at the public hearing held on May 26, 2015, for the Floathouse Small Craft Rental Center and Cavanagh Landing Park Project. Comment 4 -1 Questioned the need to remove the Raywood Ash and suggested that the restroom be located on vacant land to the North to avoid removal of the tree. Response 4 -1 The Comment 4 -1 does not relate to the adequacy of the environmental document. However, the following response is provided in order to clarify the need for removal of the tree and the siting of the restroom. The vacant parcel, just north of Cavanagh Landing Park is privately owned and is not part of the Park. Cavanagh Landing Park is fairly narrow in width, with limited open space to site the restroom facility. The location of the restroom was selected in order to provide for ADA accessibility and the restroom building was oriented in an effort to limit view obstruction. As described in the IS /MND, removal of the Raywood Ash does not conflict with Petaluma's tree protection ordinance. Comment 4 -2 Concern related to the impaired status of the Petaluma River water and any potential risks associated with recreational contact. Response 4 -2 The commenter requests clarification regarding the Petaluma River's listing as an impaired water body. The Petaluma River is located in southern Sonoma and Marin Counties and drains an area approximately 146 square miles into San Pablo Bay. The river is tidally influenced and is used for navigation and recreational vessels. The Petaluma river is listed as a 2002 303 (d) impaired waterbody. The Petaluma River received nonpoint source inputs from agricultural and rural land uses in the upper portions of the watershed and from urban /commercial uses in downtown Petaluma. The Petaluma River was first designated as "water quality limited" segment of the Region 2 Basin in 1975 due to low dissolved oxygen concentrations. In 1982 the Regional Water Quality Control Board (RWQCB) observed dissolved oxygen and nutrient problems and documented concerns related to fecal coliform levels (SFBRWQCB,1982). Subsequent to this finding, the City of Petaluma updated their Wastewater Treatment Plan and ceased to discharge effluent between May and October when freshwater inputs from tributaries do not provide sufficient flow to flush out potential pollutants. At present, the Petaluma River is listed on the Clean Water Act's 303(d) list for Impaired Water Bodies for diazinon, nutrients, pathogens, sediment, siltation and trash. Section 303(d) of the Federal Clean Water Act requires that states identify water bodies that do not meet water quality standards. Total Maximum Daily Loads (TMDLs) are then developed for each water body on the list that include identifying sources of pollutants, defining how much of a pollutant a water body can tolerate while still meeting water quality standards, and specifying actions that improve water quality. Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 7 --7-1� City of Petaluma August 2015 TMDLs for nutrients and pathogens will be developed as part of ongoing watershed management effort, and additional monitoring and assessment conducted as needed. In an effort to improve water quality the City has developed and implements a Storm Water Management Plan and the National Pollutant Discharge Elimination System Its designated uses include contact and non contact water recreation, as well as cold and warm water habitat and habitat for wildlife. There are no known chemicals or other contaminants present in the Petaluma River that would pose a substantial health risk due to contact with the water. Comment 4 -3 Design of Restroom is minimal and should be enhanced. Response 4 -3 The Comment does not relate to the adequacy of the environmental document. Comment 4 -4 The Floathouse and dock lighting at night was not evaluated in the MND. Response 4 -4 The above comment states that the project lighting at night was not evaluated in the environmental document. Section 3.1(d) of the IS /MND states that, "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 analysis goes on to say that, "...during the evening, the internal lights of the Floathouse and exterior lights could result in increased levels 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 avoid and /or substantially reduce the impact of lighting from the new dock, Floathouse and the Cavanagh restroom facility, mitigation measure AES -1 requires that the project direct all exterior lighting onto the project site and access ways and shield light accordingly. Only low intensity and /or wall mounted lights are to be used. Further, AES -1 requires the submission of a lighting plan that delineates the location, type, and intensity of lighting proposed and requires review and approval of the lighting plan by the Planning Division. In an effort to expand on the analysis in Section 3.1(d) of the IS /MND to specifically address potential impacts of artificial night lighting to aquatic species the following response has been prepared. The Project area has the potential to support dispersing fish species as well as foraging habitat for some species including green sturgeon and possibly long -fin smelt, which may be impacted by artificial night lighting. Generally, constant, night illumination results in fewer impacts relative to lighting that is periodic, flashing, or of varying intensity. Fish species are able to adapt to a constant light source, provided that it is of low intensity, whereas temporary lighting or motion - activated lighting can result in Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 8 I- 1s City of Petaluma August 2015 disruptive effects to fish movement. Luminary lighting can have beneficial effects to non - salmonid fish species, much like a full moon, the added light can increase foraging opportunities for many fish species. Fish species responses to lighting also depends on the spectrum, where fish in rivers, streams and lakes are more sensitive to red and yellow wavelengths, as well as mercury vapor lights relative to other light spectrums. As such, it is recommended that lighting on the dock and in the Floathouse be continuous all night lighting rather than of short duration or subject to motion. In accordance with mitigation measure AES -1, the applicant proposes to use solar type lights that are flush with the dock, to avoid casting light into adjacent habitats or the water column. Similarly, any external mounted lighting would be downcast to avoid nesting birds that may be present on the adjacent shoreline. Given that the adjacent shoreline provides limited habitat. for terrestrial species, these provisions would be sufficient to reduce potential impacts due to new lighting. Inside floathouse lighting would be of low wattage, incandescent light either clear or bluish colored; no red or yellow spectrum lights would be installed, nor any mercury vapor lights. Because of the location of the dock, proposed lights, and AES -1, new lighting introduced as part of the Floathouse Rental Center is not expected to disrupt fish movement or nocturnal foraging along the main channel of the river. Pursuant to mitigation measure AES -1, the applicant will submit a lighting plan that will incorporate the above provisions and be subject to City approval. With implementation of AES -1 potential impacts to aquatic or terrestrial species due to excessive light exposure will be less than significant. Comment 4 -5 Clarify the targeted construction year and opening year. Response 4 -5 The comment requests clarification of the construction timeframe. As described under "Construction Activities" in the IS /MND Project Description, construction activities are expected to take place over a two (2) month period to occur between the months of July and September. Construction is anticipated to occur in the fall of 2016 and the anticipated opening year is expected to occur in 2017, although a soft opening may be feasible in the winter of 2016 following completion of construction. Floathouse Small Craft Rental Center and Cavanagh Landing Park Response to Comments Initial Study / Mitigated Negative Declaration Page 9 -7-1 City of Petaluma, California Community Development Department Planning Division 11 English Street, Petaluma, CA 94952 ATTACHMENT 8 Project Name: Floathouse Small Craft Renal Center and Cavanagh Landing Park Restroom File Number: PLSR -14 -0013 Address /Location: Turning Basin and 150 Weller Street MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section 21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of the CEQA Guidelines. This document has been developed to ensure implementation of mitigation measures and proper and adequate monitoring /reporting of such implementation. This MMRP shall be adopted in conjunction with project approval, which relies upon a Mitigated Negative Declaration (MND). It is the intent of this MMRP to: (1) document implementation of required mitigation; (2) identify monitoring /reporting responsibility, be it the lead agency (City of Petaluma), other agency (responsible or trustee agency), or a private entity (applicant, contractor, or project manager); (3) establish the frequency and duration of monitoring /reporting; (4) provide a record of the monitoring /reporting; and (5) ensure compliance. The City of Petaluma's Planning Commission has adopted those mitigation measures within its responsibility to implement as binding conditions of approval. The following table lists each of the mitigation measures adopted by the City in connection with project approval, the implementation action, timeframe to which the measure applies, the monitoring /reporting responsibility, reporting requirements, and the status of compliance with the mitigation measure. Implementation The responsibilities of implementation include review and approval by City staff including the engineering, planning, and building divisions. Responsibilities include the following: 1. The applicant shall obtain all required surveys and studies and provide a copy to the City prior to issuance of grading permits or approvals of improvements plans. 2. The applicant shall incorporate all applicable code provisions and required mitigation measures and conditions into the design and improvements plans and specifications for the project. 3. The applicant shall notify all employees, contractors, subcontractor, and agents involved in the project implementation of mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. Mai 4. The applicant shall provide for the cost of monitoring of any condition or mitigation measure that involves on -going operations on the site or long -range improvements. 5. The applicant shall designate a project manager with authority to implement all mitigation measures and conditions of approval and provide name, address, and phone numbers to the City prior to issuance of any grading permits and signed by the contractor responsible for construction. 6. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. 7. All mitigation measures shall be incorporated as conditions of project approval: 8. If deemed appropriate by the City, the applicant shall arrange a pre- construction conference with the construction contractor, City staff and responsible agencies to review the mitigation measures and conditions of approval prior to the issuance of grading and building permits. Monitoring and Reporting The responsibilities of monitoring and reporting include the engineering, planning, and building divisions, as well as the fire department. Responsibilities include the following: 1. The Building, Planning, and Engineering Divisions and Fire Department shall review the improvement and construction plans for conformance with the approved project. description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading plans, or building permits. 2. The Planning Division shall ensure that the applicant has obtained applicable required permits from all responsible agencies and that the plans and specifications conform to the permit requirements prior to the issuance of grading or building permits. 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all improvements shall be subject to inspection by City staff for compliance with the project description, permit conditions, and approved development or improvement plans. 4. 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Box 56, Petaluma CA, 94953 PROPOSAL: The Petaluma Small Craft Center (PSCC), a local nonprofit, is proposing to build and operate the Floathouse Small Craft Rental Center, a dock -based boat rental business in the downtown Petaluma Turning Basin. The proposed project includes the construction of approximately 170' of new docks with boat storage and a 423 square foot floating office connected to the existing City commercial docks. PSCC will also build a new'143 square foot restroom with shower to be located at Cavanagh Landing Park and donated to the City of Petaluma. BACKGROUND: What's a River Town without a place to conveniently access and rent small boats? The concept of a small craft rental center was publically floated at the Petaluma River Access Partners (PRAP) Open House for Petaluma Water Ways (PWW) in January of 2011. The project was conceived of as an important step towards improving river access for the public and would lead to the development of other river projects outlined as part of the Petaluma Water Ways — including a Community Boathouse. The Petaluma Water Ways work was adopted by resolution of the Petaluma City Council on July 15, 2013. Following the PRAP Open House, a meeting was held among City staff and PSCC on February 10, 2011, to discuss the project and the areas requiring more research. VISION: Our vision of the Floathouse Small Craft Rental Center is as a river - centric destination where people may rent a wide variety of boats and recreate on the river. In the heart of downtown and bustling with activity day and night, the Floathouse is a visual reminder that Petaluma is a river town and anyone can enjoy being on the river. By day, the bright colored elements of the building and the boats on the dock will bring people to the Turning Basin. By night, the cupola will be powered by solar power. Entry and Access. The new facilities for rental operations propose to bring the main entrance through Cavanagh Landing Park into compliance with current ADA codes. Research and discussions with the California Department of Boating and Water Ways, now the Division of U T T The Petaluma small Craft Center is a tax- exempt, not for profit 501(c)(3) organization. Your donation is fully tax deductible. IN BOATS 911 'are--- N PSCCPEfALUMA SMALL CRAfT CEW _,t _ Y - PetalumaSmallCraftCenter.org ; Post Office Box 56 Petaluma, California 94953 Boating and Water Ways, helped clarify some of the access issues pertaining to the Floathouse project and City docks. With minor improvements to the existing conditions at Cavanagh Landing Park, the accessible parking, ramp and gangway will continue to serve as the entry to the Turning Basin docks and the new Floathouse. Restrooms. As part of the Floathouse project, PSCC sought to address a common complaint among visiting boaters, the lack of public restrooms in downtown Petaluma. Working with the City of Petaluma's Department of Public Works, it was determined to add a restroom and shower building at Cavanagh Landing Park. There is ready access to utilities, public access via the Weller Street entrance to the docks, and public parking including ADA accessible spaces. PSCC is proposing to build the restroom and a separate shower and then turn it over to the City for operation and maintenance. Parking. The Floathouse project is located just a few blocks from the bus transit center and the SMART Rail Station. Located in the central downtown, there is street parking scattered throughout the central core nearby the facility as well as two parking garages less than five minutes by foot. At the Weller Street dock entrance, there already exist four standard parking spots and one ADA accessible parking spot for a total of five off street public parking spots. The Floathouse project will require one standard parking spot and one ADA accessible parking spot, both of which can be accommodated by the shared use of the existing off street parking at Cavanagh Landing Park. OTHER ELEMENTS: California State Lands Commission. At the request of the Department of Public Works, additional research was conducted which has determined that the State of California owns the land comprising the river bottom over which the Floathouse Small Craft Rental Center will float. However, the California State Lands Commission is in support of the Floathouse project and the improvement in river access that the project will provide the public. PSCC will be required to enter into a lease agreement with the California State Lands Commission but the commission will defer any design review jurisdiction to the City of Petaluma. Memo Of Understanding. The City of Petaluma City Managers Office will, at some point in the future, as planning and permitting proceed, create a Memo of Understanding (MOU) between the City of Petaluma and PSCC to outline the relationship between the City of Petaluma and the Petaluma Small Craft Center, and the operations of the Floathouse Small Craft Rental Center. WE .x BUTTS, � The Petaluma Small Craft Center is a tax - exempt, not for profit 5oi(c)(s) organization. Your donation is fully tax deductible. IN BOATS 9 - �- Floathouse Small Craft .Rental Center & Cavanagh Landing Park Restr®®un Above: View from the City docks looking south and across the Turning Basin to the Theatre District, The Floathouse Small Craft Rental Center would extend off of the existing City docks. To the west (right) is the building containing TAPS and a dry cleaning operation. The gangway leads up to the River Plaza Shopping Center, Below: View from the Petaluma Yacht Club north and, across the Turning Basin to the River Plaza Shopping Center, The project would extend from the point straight back to the City docks, which then continue off to the east (right). 1 A �4� 0 Via 7:1 t%­ V4 [,mac A �4� 0