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HomeMy WebLinkAboutStaff Report 6.A 04/04/2016Agenda Item #6.A y, DATE: April 4, 2016 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Kevin Colin, Senior Planner Heather Hines, Planning Manager SUBJECT: Resolutions Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Granting an Appeal and Overturning the Planning Commission's De Facto Denial of Amendments to the General Development Plan for the Marina Planned Community District. RECOMMENDATION It is recommended that the City Council approve: a) A resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and b) A resolution granting the appeal and overturning the Planning Commission's de facto denial of amendments to the General Development Plan for the Marina Planned Community District. BACKGROUND Project Location The project proposes to locate a new apartment building on a triangular parcel at the Petaluma Marina, adjacent to Lakeville Highway /State Route 116 and the US 101 northbound on- ramp /southbound off -ramp. The apartment site, shown at Figure 1 and located within the Marina Planned Community District (Marina PCD), is the last remaining area of undeveloped land on site. The Petaluma Marina is an approximate 30.59 -acre area at the southern edge of Petaluma's urbanized area where it transitions into more open and sparsely developed land. The Marina is generally bound by US 101, the Petaluma River, Pacific Northwest Railroad, Lakeville Highway, and Alman Marsh. Alman Marsh is 80 acres of pasture /marsh that sits between Shollenberger Park and the Petaluma Marina on the north. Alman Marsh is a mix of brackish tidal wetlands, fed daily by the river, and degraded pasture uplands containing seasonal freshwater wetlands. Page 1 Figure 1— Apartment Building and Marina PCD Location. Marina Planned Community District The Marina PCD was established by the City Council on February 1, 1988 via Resolution No. 88 -25. This approval dovetailed with the literal creation of the Petaluma Marina in 1987 and established succinct development regulations to be applied to office, retail, commercial and restaurant uses. Regulations governing permitted uses and development standards (e.g., building size, height) are contained within a General Development Plan. Since original approval, the Marina PCD has been amended a total of six times (in 1991, 1994, 1995, 1998, 1999 and 2004). A complete summary of these actions, as well as all others related to the establishment of the Marina PCD, is included at Attachment 3. The current Marina PCD General Development Plan, adopted by City Council Resolution No. 91 -365 N.C.S. and included at Attachment 4, is prospective and includes a purpose statement, proposed /allowed uses, maximum building heights, site plan, and building elevations. Under the current regulations, the proposed apartment site is envisioned to include up to 10,000 square feet of commercial /restaurant or 30,000 square feet of office uses within a building between two and three stories in height. Residential uses are not permitted. The Marina PCD's current General Development Plan site plan is at Figure 2. Page 2 Lfi��Vly: c HIAe��AY � � i -- JI 1 r SJ \ / \ NII Figure 2 — Existing Marina PCD — General Development Plan (Site Plan) Project Description The proposed project consists of a requested legislative action to amend the Marina PCD development standards in order to accommodate a new apartment building. If the requested amendments were approved, a subsequent Conditional Use Permit and Site Plan and Architectural Review request would be necessary at the discretion of the Planning Commission. Marina PCD Amendment The applicant is proposing an amended Marina PCD to enable construction of the proposed apartment building and which reflects the current built condition of the Petaluma Marina. The existing Marina PCD is written prospectively prior to creation of the Marina and construction of existing buildings. The proposed, amended Marina PCD, located at Attachment 5, seeks to result in the following: a) A contemporary set of regulations reflecting the existing environmental setting (i.e., as Petaluma Marina now exists); b) Consolidation of the original approval and all subsequent amendments into a single document; Page 3 c) Consistency with the regulatory language and format of the current Implementing Zoning Ordinance (IZO); and d) Establishment of land use districts, associated development standards and review processes (i.e., Site Plan and Architectural Review, Conditional Use Permit). All of these changes embody prior City Council actions (e.g., land uses, development standards), except as noted below. • Land Use Districts — Two land use districts are proposed — Public Marina and Open Space District and Marina Support District. The purpose in creating these districts is to ensure lands designated Public Marina and Open Space District exclude urban development and, instead, "provide for uses consistent with public trust ownership such as water - related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails." One combining district — Parking Combining District - is also proposed. This district was created to apply to the shared parking lot with the following stated purpose, "To provide an adequate number of unreserved and reserved off - street parking spaces, both privately and publicly owned, to facilitate access to all land uses within the PCD, including the Petaluma Marina." An ancillary purpose of the district is to ensure it is utilized for parking spaces as opposed to additional, new buildings. • Residential Use — Consistent with the applicant's request, the Marina PCD inserts "Dwelling, Multiple" as an allowed use pending issuance of a Conditional Use Permit (CUP). A CUP requirement is recommended in order to ensure residential uses do not proliferate to the detriment of commercial uses dependent upon and supportive of the marina. • Development IntensitX — For the proposed apartment site, the amended Marina PCD removes the prior 10,000 to 30,000 square foot and two to three story building limitations and instead enacts a single maximum building height limitation of five (5) stories and sixty -eight (68) feet. • Public Access Parking — As proposed, the Marina PCD creates new reserved parking spaces for public access. Near the boat launch, twenty (20) double - length spaces would be marked as reserved for boaters. That reservation is made in light of the newly codified shared parking program below. • Shared Parking — The current Marina PCD excludes off - street parking space standards per use and, instead, assumes a shared parking scenario. The proposed Marina PCD retains the shared parking approach but: (a) sets a minimum number of shared parking spaces to be available at all times (i.e., 762); (b) reserves eighty (80) parking spaces for the new apartment building; and (c) reserves twenty (20) spaces for boaters. Page 4 Proposed Apartment Building The proposed construction project would locate a new L- shaped building, five- stories in height, upon an existing unpaved area at the northeast corner of the Petaluma Marina. (See Figure 3 below for site plan.) Surface parking spaces surrounding the new building are already paved and striped. The project includes a proposal to construct carports for up to to ninety (90) spaces to the immediate north and south of the new building. The project would connect the existing Class I trail immediately north of the new building to an existing sidewalk on the west side of Baywood Drive. -rr�t•; ; "' --��'� ;�' , , _ _ _ I, (I � - "�� dill I I 1 1 1' ' 1 i {I1 1 11 1 1 r 1 1 t . -� �i �_�i � _� � _ � � a �I_ \�t� 1 I t Project Site �'II f� flll�i �• .t �� 't .`, `� - '� f t.,� I -� -r_�1' r : r nay ` ` � � J ��1 � 1•.5;•', 3.tt ttvt 1 ' `� �e � f '° � '�I yw t tt I. 'ti''��'� �1 ' 5+;•51 , \: \ � �. _ _ " ie. f �d - , 1� 1 t, t i t}5 t � '•' F I �t�� � > C� � /' 7 T•1 1 11 ,{ , FII I'.I. J '•tip {i, .'\ � '.+ �5 l4�Ti'M1545'hYj7 Figure 3 — Proposed Site Plan. Pedestrian access to the building would be from a common lobby at the far- eastern portion of the building. Two additional points of emergency egress are provided at the north and south elevation. Access to each dwelling unit would be through an internal corridor. Elevator access is provided to floor two through five. Outside the building, sidewalks would line the perimeter with new crosswalks provided to the west and east of the building. Vehicular ingress and egress to the project would occur from the intersection of Lakeville HighwayBaywood Drive. A second egress -only point to Lakeville Highway is provided immediately west of the project. The proposed building includes design elements reflective of existing buildings at the Petaluma Marina. These include building material (i.e., lap siding), steeply pitched hipped and gable roofs, standing metal seam roof material, regular fenestration patterns, and white color. The proposed building height is five stories and 65 -feet measured to the mid -point of tallest roof element. Building- mounted arbors accent building corners. A building rendering is included at Figure 4. The complete plan set for the apartment building is included at Attachment 6. Page 5 Figure 4 — Proposed North Elevation (Facing Lakeville Highway). Pedestrian and Bicycle Advisory Committee The Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the project at their November 4, 2015 meeting. The PBAC was generally supportive of the project but requested that access (including signage) be improved between Lakeville Highway and the Alman Marsh trailhead and observed that Petaluma Transit Route 24 does not currently pass by the project on Lakeville Highway. The latter point responded to the project's proposal to install a bus stop adjacent to the apartment building (on the south side of Lakeville Highway). However, the Public Works and Utilities Department has since clarified the long term plan to modify Route 24 such that it would utilize the proposed bus shelter. Concerning improved pedestrian and bicycle access between Lakeville Highway and the Alman Marsh, the PBAC suggested the use of pole - mounted signage and in -road signage. Presently, there is no signage at Lakeville Highway or within the Marina property alerting the public to the presence of the Alman Marsh trail head. Staff concurs with the PBAC comments but, as explained below, evolved it to implement a new, adjacent and already - planned Class I bike path. Planning Commission On December 22, 2015, the Planning Commission considered a proposed Mitigated Negative Declaration and request to amend the Marina PCD at a noticed public hearing. The Planning Commission approved (3 -1) a resolution recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. However, a motion to approve the Marina PCD amendment resulted in a tie vote (2 -2) and is considered a de facto denial pursuant to IZO §25.050 rather than a recommendation for denial with requisite findings. There was no public comment at the Planning Commission meeting. The Planning Commission staff report and meeting minutes are included as Attachment 7. In reviewing the project, the Planning Commission provided the following comments: 1. Residential Use — A majority of Planning Commissioner's agreed that a change of use from commercial to residential would be appropriate for this location. There was also support for a mix of uses in the Petaluma Marina. Page 6 2. Class I Bike Path — A majority of Planning Commissioner's agreed with staff's recommendation (discussed below) to condition the project to require the construction of a Class I bike path across City -owned APN 005- 060 -065 and dedicate an access easement (for a future Class I bike path) across APN 005- 060 -066. 3. Apartment Building Design —Two Commissioners expressed concern about the apartment building's height and design. City Council On March 7, 2016, the City Council continued consideration of this project to April 4, 2016. The continuance was at the applicant's request and was received by staff after public notice was sent. No public speakers came forward on March 7, 2016. Appeal Implementing Zoning Ordinance (IZO) §25.050 (Amendments — Public Hearings of the Planning Commission) provides that, "Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the proceedings unless such decision is appealed to the City Council as provided below." In response to the de facto denial, the applicant submitted, on December 29, 2015, a valid and timely appeal of the Planning Commission's action. The applicant's appeal "contends that the Planning Commission erred in failing to recommend approval by the City Council of the proposed amendment to the Marina PCD." Additionally, the applicant seeks approval by the City Council but "without conditions requiring construction of an off -site bike path and dedication of an off -site public access easement owned by others." The appeal letter is included at Attachment 8. In a February 2, 2016 email to staff, the applicant requested that staff clarify the recommended bike path condition would only apply to residential construction at the project site. Additionally, the applicant presented a request to modify the project description by increasing the number of residential units from eighty (80) to ninety (90), a potential change that was discussed at the December 22, 2015 Planning Commission meeting. This change would be accommodated by revised floor plans that divide two - bedroom units into one - bedroom units without any effect to the building height, massing or elevations. The only change to the site plan would be ten (10) additional caiports to the immediate south of the building. DISCUSSION Overview Because the Planning Commission's action on the Marina PCD modification resulted in a de facto denial and not one with requisite findings of fact (for denial or approval), staff is presenting its original recommendation, as offered to the Planning Commission. Dissenting votes on the Marina PCD modification appeared to support residential use at the Petaluma Marina but did not support the proposed height and massing of the proposed apartment building. When considering the analysis below and in the event the City Council concurs with concerns about building height and scale, an approval action on the Marina PCD modification could include revised and/or new development standards pertaining to building height, size, step backs, etc. Page 7 Required Findings The proposed PCD Amendment and scope of the City Council's review is subject to the provisions of IZO Chapter 19.030 (Findings). In acting on the proposal, the City Council must find that said PCD, or modification thereof, clearly results in a more desirable use of land and a better physical environment than would be possible under any single zoning district or combination of zoning districts, and in addition to such general findings, the IZO requires the City Council to make the following specific findings (staff analysis in italics): 1. That any P.U.D., or modification of a P.C.D., is proposed on property which has a suitable relationship to one (1) or more thoroughfares, and that said thoroughfares are adequate to carry any additional traffic generated by the development. The Traffic Impact Study prepared for the project demonstrates that affected thoroughfares are adequate to carry traffic generated by the project. For existing, baseline and ficture conditions including the proposed project, study intersections would either operate at LOS D or better or, for those estimated to operate at LOS E, the project's incremental contribution of vehicular trips is below the General Plan EIR's threshold to be considered a significant effect. The proposed project is subject to the mandatory payment of traffic impact mitigation fees which, at ninety (90) multiple family dwellings, is estimated to be $752,670. Payment of that fee is substantially more than would be required under the current Marina PCD and would be applied towards planned transportation improvement projects. For these reasons, the project does have a suitable relationship to thoroughfares and they are adequate to carry the additional traffic generated by the project. 2. That the plan, or modification thereof, for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and /or screening is included if necessary to insure compatibility. The project concerns an existing building site identified by the existing Marina PCD. The project would modify the planned building for this location by making it taller (i. e., from 2 to 3 stories up to 5 stories) and of a residential use. Existing parking and major landscaping features of the Marina PCD have already been installed and would be unaltered by the project. The proposed location of residential uses is sufficiently removed from existing commercial uses to prevent incompatibility. Most existing commercial uses, including the Sheraton Hotel, are primarily accessible from and interact with the east building elevation and abutting parking lot. The closest commercial building facing the proposed apartments is located approximately 250 feet to the south and includes ground -level offices, recreational equipment rental, and a coffee shop. Concerning public use of the Petaluma Marina, twenty (20) parking spaces would be adjacent to the proposed apartment building and signed for exclusive use by boaters. This Page 8 ensures the public's continued use of the Marina (and Petaluma River) and an appropriate relationship between uses. Additionally, the submitted shared parking study demonstrates the reservation of ninety (90) parking spaces for apartment residents will not discourage public use of the Marina nor employee and customer access to existing commercial uses. 3. That the natural and scenic qualities of the site are protected, with adequate available public and private spaces designated on the Unit Development Plan or General Development Plan. The project concerns a site within an existing asphalt parking lot and, therefore, would not be located on natural habitat areas. The project is located nearby an open water channel that leads to the Petaluma River but would not alter any of the ornamental and natural vegetation present there. The project would result in the development of a new structure that would be highly visible from public vantage points but would not obstruct scenic vistas identified by the General Plan 2025 EIR. The project is not located near any General Plan EIR identified vistas and would not be visible from the Washington Street overpass, McNear Peninsula or Rocky Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or other important vistas such as open space. The project's location is intended for a building rather than public open space. Existing public open space at and around the Petaluma Marina would be unaltered by the project. Submitted architectural plans indicate the project can accommodate adequate private (i. e., balconies) and shared open space (i. e., courtyard). For all the reasons above, the project would protect the natural and scenic qualities of its site, and adequate available public and private spaces are designated, where existing, and feasible, where applicable. 4. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the zoning regulations of the City of Petaluma, with the Petaluma General Plan, and with any applicable plans adopted by the City. The project would result in more robust combination of mixed uses, as contemplated by the General Plan's Land Use Map Mixed Use designation, and occur at a location within Petaluma's Urban Growth Boundary (UGB). The project is below the maximum floor -area- ratio permitted by the General Plan and, with the implementation of Mitigation Measure L U- 1, will also comply with the permitted maximum residential density. General Plan Policy 2 -P -27 directs that, "Enable opportunities for a variety of synergistic and compatible uses adjacent to the Petaluma Marina, " and Policy 2 -P -30, states, "Encourage new development between the Marina and Lakeville Highway to be compatible and synergistic with the Marina complex" The project would result in a greater variety of uses at the Petaluma Marina and, at this particular location and configuration of circulation and parking features, would not result in an incompatibility. The project's residential use Page 9 may result in a complementary relationship by providing increased patronage of existing commercial uses. However, concerning the topic of circulation, the project falls short of sufficiently advancing several policies pertaining to pedestrian and bicycle facilities. For the General Plan's Lakeville Highway Subarea, Goal 2 -G -5 states, "Enhance the connectivity across and between all land uses along the Lakeville Highway to minimize the barrier it creates by presence, design and vehicular speed. " The planned Class I bicycle facility abutting the northern boundary of the Petaluma Marina presents an obvious opportunity to enhance connectivity and, as Policy 5 -P -4 directs, "New development and /or major expansion or change of use may require construction of off -site mobility improvements to complete appropriate links in the network necessary for connecting the proposed development with existing neighborhoods and land uses. " Many other additional General Plan policies apply in this instance and state, as follows: Policy 5 -P -15 Implement the bikeway system as outlined in the Bicycle and Pedestrian Plan, and expand and improve the bikeway system wherever the opportunity arises. Policy 5 -P -20 Ensure that new development provides connections to and does not interfere with existing and proposed bicycle facilities. Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing neighborhoods and require a well- connected pedestrian network linking new and existing developments to adjacent land uses. Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct off - street bicycle and pedestrian travel. At the minimum, Class I standards shall be applied unless otherwise specified. Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along the parcel line of adjoining properties to provide separation from parking lots and buildings; design connections as Class I facilities. Policy 5 -P -30 Require all new development abutting any public trail to provide access to the trail. Policy 5 -P -31 Make bicycling and walking more desirable by providing or requiring development to provide necessary support facilities throughout the city. Given the legislative aspect of the project and resulting substantial change and increase in land use intensity, staff's recommendation to the Planning Commission was that the project should include: (a) the installation of a Class I bike path between Baywood Drive and Marina Avenue; and (b) dedication of a public access easement across the abutting parcel to Page 10 the south (i.e., Assessor Parcel Number 005- 060 -066). The General Plan designates both of these properties, at Figure 5 -2 (Proposed and Existing Bicycle Facilities), to include a Class I bike path. With the inclusion of those planned facilities, a majority of the Planning Commissioners in attendance and staff concurred the proposed project will be in the best interests of the City and in keeping with the general intent and spirit of the General Plan. Figure 5 below depicts the location of the recommended bike path and access easement. When considering a recommendation for the applicant to construct the Class I bike path upon City property staff considered both the policy basis and financial implications to the project. On the later point, staff notes that, on December 7, 2015, the City Council lowered the traffic impact fee for multiple family dwellings, on a per unit basis, from $11,559 to $8,363 (or 2801o). At ninety (90) units, this amounts to a $287,640 reduction in fees for the project; a change made while the development application was in process. In staff's estimation, this fee reduction exceeds the cost of the recommended Class I bike path. Figure 5 — Location of Recommended Class I Bike Path and Access Easement. Since the Planning Commission meeting, staff has learned that the applicant owns only a 3.37% interest in the property (APN 005- 060 -066) recommended to include a public access easement. The remaining interest is divided between four additional limited liability Page 11 companies. That property, a former railroad right -of -way, is already subject to an existing public utility easement for the City's main sewer force line leading to the Ellis Creek Water Recycling Facility. That easement alone renders the property undevelopable for urban development. However, the applicant objects to the recommended condition to work with the other property owners to establish an additional public access easement. Environmental Review In accordance with the CEQA, an Initial Study was prepared by staff to address the project's potential effects on the environment. The Initial Study and MND were circulated for a thirty (30) day public review period between November 19, 2015 and December 19, 2015. One comment letter was received from CalTrans and did not note any issues or concerns with regard to the Initial Study's adequacy or accuracy. The Planning Commission approved Resolution No. 2015- 25 (see Attachment 9) recommending that the Council approve the MND for the overall project. Subsequent to the public review period and December 22, 2015 Planning Commission meeting, the applicant requested an increase in the number of dwelling units from eighty (80) to ninety (90). In response, staff prepared a Revised Initial Study (see Attachment 10) to determine whether the unit count change would result in any changes to the prior impact determinations. The results of that analysis indicate no change to the prior impact determinations. Both the original Initial Study and Revised Initial Study do not identify any significant environmental effects. For all potentially significant effects, mitigation measures reducing their severity to a less than significant level have been incorporated into the project and agreed to by the applicant. Pursuant to CEQA Guidelines §15073.5, recirculation of the Revised Initial Study for public review is not required because it does not constitute a "substantial revision" nor does it identify any new, avoidable significant effects, or any new potentially significant effects, and, lastly, it does not include any new or modified mitigation measures. The Revised Initial Study includes new information that merely clarifies the reasons why the project, as modified, would not result in any new, significant effects. Therefore, for all the reasons above, a Mitigated Negative Declaration (MND) was prepared rather than an Environmental Impact Report (EIR). FINANCIAL IMPACTS The project is subject to cost recovery with all expenses paid by the applicant. The applicant has paid $33,214.64 cost recovery fees to date. ATTACHMENTS 1. Draft Resolution Adopting a Mitigated Negative Declaration 2. Draft Resolution Approving an Amended Marina Planned Community District 3. Summary of Marina PCD Amendments Page 12 4. Current Marina PCD General Development Plan 5. Proposed, Amended Marina PCD 6. Project Plans 7. Planning Commission Staff Report and Minutes, December 22, 2015 8. Applicant Appeal 9. Planning Commission Resolution No. 2015 -25 10. Revised Initial Study Page 13 r_��r�•�:r•i�:�i RESOLUTION OF THE PETALUMA CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE MARINA APARTMENTS PROJECT LOCATED AT THE PETALUMA MARINA APN: 005- 060 -053, -054, -059, -065, -070, -072, -079, -082, -084, -085, and -089 FILE NO: PLZT -15 -0001, PLSR -15 -0011 WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an application to modify the General Development Plan for the Petaluma Marina Planned Commercial District ( "Marina PCD ") located at APN 005- 060 -053, -054, -059, -065, -070, -072, -079, -082, -084, -085, and -089, on behalf of property owner Petaluma Marina Office Investors, LLC, to list multiple- family dwelling as a permitted use and increase the maximum building height to five (5) stories, all to enable construction of a proposed ninety (90) unit apartment building and other associated site improvements located at the northwest corner of Petaluma Marina at APN 050- 060 -089 and 005- 060 -072 ( "Project "); and WHEREAS, the submitted application includes a Site Plan and Architectural Review request and, pursuant to the modified Marina PCD General Development Plan, would also include a Conditional Use Permit request - all of which would be acted upon by the Planning Commission at a separate, subsequent public hearing; and WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the Program EIR for the City of Petaluma General Plan 20205, certified on April 7, 2008 (General Plan EIR) with the adoption of Resolution No. 2008 -058 N.C.S., which is incorporated herein by reference; and, WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and, WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines §§15162 and 15163 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and, WHEREAS, on or before November 19, 2015, the City's Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing for a 30 -day public comment period commencing November 19, 2015 and ending December 19, 2015 and a Notice of Public Hearing to be held on December 22, 2015 before the City of Petaluma Planning Commission, was published and mailed to all residents and property owners within 1,500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, the Planning Commission considered the Project, the MND, the supporting Initial Study, the staff report dated December 22, 2015 analyzing the MND and the Project, and V- � Page 1 of 3 received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearings; and WHEREAS, on December 22, 2015, the Planning Commission adopted Resolution No. 2015 -25 and, in doing so, forwarded a recommendation that the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the Marina Apartments Project; and WHEREAS, the Initial Study applies the Bay Area Air Quality Management District's (BAAQMD) California Environmental Quality Act - Air Quality Guidelines, May 2012, including the BAAQMD thresholds of significance adopted in June 2010. As lead agency under CEQA, the City of Petaluma has the discretion to rely upon the BAAQMD CEQA Guidelines and thresholds of significance since they include the best available scientific data and most conservative thresholds available for comparison of the Project's emissions. Comparison of the Project's emissions against these thresholds provides a conservative assessment as the basis for a determination of significance; and, WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the BAAQMD CEQA Guidelines and thresholds of significance, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impact found to be significant and unavoidable in the General Plan 2025 EIR, because the Project's emissions are below significance thresholds identified; and, WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952; and WHEREAS, while the Initial Study for the Project identified potentially significant impacts, all significant impacts are mitigated to a less than significant level and therefore the Project would not result in any significant impacts to the environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on its review of the entire record herein, the City Council makes the following findings: 1. The Project is consistent with the Mixed Use General Plan land use designation because the project includes multiple family dwellings, is below the maximum floor area ratio of 2.5, and, with implementation of Mitigation Measure LU -1, is below the Page 2 of 3 maximum residential density of 30.0 housing units per acre. 2. The Project is, for the reasons discussed in the December 22, 2015 Planning Commission staff report and April 4, 2016 City Council staff report, consistent with the following General Plan policies: Policy 1 -P -1 (Development Within UGB); Policy 1 -P -2 (Efficient Land Use in UGB); Policy 1 -P -11 (Land Use Intensification); Policy 1 -P -27 (Parking Solutions); Policy 2 -P -5 (Arterial Corridors); Policy 2 -P -I1 (River Oriented Development); Goal 2 -G -5 (Lakeville Highway Connectivity); Policy 2 -P- 27 (Petaluma Marina - Land Uses); Policy 2 -P -30 (Petaluma Marina — Compatibility). With the Project conditioned to include: (a) the installation of a Class I bicycle facility between Baywood Drive and Marina Avenue at APN 005- 060 -065; and (b) dedication of a public access easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005- 060 -066), the City Council finds it to be consistent with the following General Plan policies: Policy 5 -P -15 (Expand and Improve Bikeway System); Policy 5 -P -20 (New Development); Policy 5 -P -22 (Pedestrian Connectivity); Policy 5 -P -25 (Multi -Use Trails); Policy 5 -P -27 (Class I Facilities); Policy 5 -P -30 (New Development); and Policy 5 -P -31 (Bicycling and Walking). These conditions would only apply to residential construction within the Marina PCD. 3. Pursuant to the analysis in the Initial Study, the Project does not make a cumulatively considerable contribution to the significant and unavoidable cumulative traffic and/or noise impacts identified in the General Plan 2025 FIR because although the Project would contribute vehicle trips to intersections identified in the General Plan EIR as operating at an unacceptable LOS at build -out, the affected intersections have either already been determined to acceptably operate at an LOS E or LOS F due to overriding considerations and conflicts with other General Plan policies or the Project's contribution to those intersections are below the threshold established by the General Plan EIR (i.e., cause the LOS to deteriorate to the next lowest level). 4. With regard to noise, the Project is considered to result in an effect that is less than cumulatively considerable because the project excludes new stationary noise sources and its incremental contribution through vehicular trips is insufficient to result in a perceptible change in noise level. C. Based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. D. The Mitigation Monitoring and Reporting Program, included as Exhibit A, is hereby adopted. Implementation of the mitigation measures included therein mitigates or avoids significant environmental effects. Page 3 of 3 1 _1 Lei ■ � a City of Petaluma, California e, Community Development Department Y8$ Planning Division 11 English Street, Petaluma, CA 94952 Project Name: MARINA DRIVE APARTMENTS File Number: File No. PUT -15 -0001. PLSR -15 -0011 Address /Location: 0 Marina Avenue, Petaluma, CA (APN: 005 - 060 -089; 005 - 060 -052, -054, -059, -070, 072, -082, -084, and -085) 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. CEQA requires that this MMRP be adopted in conjunction with project approval, which relies upon a Mitigated Negative Declaration. The purpose of this MMRP is 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 following table lists each of the mitigation measures adopted by the City in conjunction 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. 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. 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. City inspectors shall ensure that construction activities occur in a manner that is consistent with the approved plans and conditions of approval. MMRP Checklist The following table lists each of the mitigation measures adopted by the City in connection with project approval, the timeframe to which the measure applies, the person /agency /permit responsible for implementing the measure, and the status of compliance with the mitigation measure. t_- T E w O a to t O Q (D c ru w C O C O O 2 m E O cD a) d O U V) a) E (6 Q. Q a) c WE O N d' Q Q — 6 n O a) bA M n. C) W W ~ I- ui LL 0 0 C:c CL o2 o O F- z W W a � - } O a C U G Q Q 0 c c a Q. J O O� .� O •N C cu Z z I L. Q c Q c L a O Q � bn u a c bA c v U _ al _ c`ai _ U a) OC U) Q o c a _ O(6 U N d Q n Q a Q a LU Z L Q U c O2j c c z p t �O c pUj O ,n � L F +1 ? 4"' U .� � CL 2 F- >i 3 a) C kn O Z W a"' � C a) 'n Q) O C y a) L C O C O U O C C E +' O C S-- a) . 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Lafranchi & Associates submitted an application to modify the General Development Plan for the Petaluma Marina Planned Commercial District ( "Marina PCD ") located at APN 005- 060 -053, -054, -059, -065, -070, -072, -079, -082, -084, -085, and -089, on behalf of property owner Petaluma Marina Office Investors, LLC, to amend and restate it in a manner that would enable construction of a proposed ninety O unit apartment building and other associated site improvements located at the northwest corner of the Petaluma Marina at APN 050- 060 -089 and 005- 060 -072; and WHEREAS, the submitted application includes a Site Plan and Architectural Review request and, pursuant to the modified Marina PCD General Development Plan, would also include a Conditional Use Permit request - all of which would be acted upon by the Planning Commission at a separate, subsequent public hearing; and WHEREAS, on December 22, 2015, the City's Planning Commission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance §§ 19.040(E) and 19.070, to consider the application and at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 22, 2015, the Planning Commission considered the staff report dated December 22, 2015, analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and WHEREAS, on December 22, 2015, a motion before the Planning Commission to approve an amended General Development Plan for the Marina PCD resulted in a tie vote and, thereby, resulting in a de facto denial of the request under Implementing Zoning Ordinance §25.050; and WHEREAS, Implementing Zoning Ordinance (IZO) §25.050 (Amendments - Public Hearings of the Planning Commission) provides that, "Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the proceedings unless such decision is appealed to the City Council as provided below," and, in response to the de facto denial, the applicant submitted, on December 29, 2015, a valid and timely appeal of the Planning Commission's action; and, WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the appeal of the Planning Commission's de facto denial was held by the City Council on April 4, 2016, where all persons interested had the opportunity to be heard; and, NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: a -1 A. The City Council hereby grants the appeal and overturns the de facto denial by the Planning Commission and, pursuant to Implementing Zoning Ordinance §19.040, the City Council adopts the proposed amendment to the General Development Plan of the Petaluma Marina Planned Commercial District ( "Marina PCD "), attached hereto as Exhibit A, based on the following findings required by Implementing Zoning Ordinance §19.030: 1. The proposed amendment to the General Development Plan of the Marina PCD is, for the reasons discussed in the December 22, 2015 Planning Commission staff report and April 4, 2016 City Council staff report, consistent with the following Petaluma General Plan policies: Policy 1 -P -1 (Development Within UGB); Policy 1 -P -2 (Efficient Land Use in UGB); Policy 1 -P -11 (Land Use Intensification); Policy 1 -P- 27 (Parking Solutions); Policy 2 -P -5 (Arterial Corridors); Policy 2 -P -11 (River Oriented Development); Goal 2 -G -5 (Lakeville Highway Connectivity); Policy 2 -P- 27 (Petaluma Marina - Land Uses); Policy 2 -P -30 (Petaluma Marina — Compatibility). With the Project conditioned to include: (a) the installation of a Class I bike path between Baywood Drive and Marina Avenue at APN 005- 060 -065; and (b) dedication of a public access easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005- 060 -066), the proposed amendment to the General Development Plan of the Marina PCD is also consistent with the following General Plan policies: Policy 5 -P -15 (Expand and Improve Bikeway System); Policy 5 -P -20 (New Development); Policy 5 -P -22 (Pedestrian Connectivity); Policy 5 -P -25 (Multi - Use Trails); Policy 5 -P -27 (Class I Facilities); Policy 5 -P -30 (New Development); and Policy 5 -P -31 (Bicycling and Walking). These conditions would only apply to residential construction within the Marina PCD. 2. The project concerns an existing building site identified by the currently approved Marina PCD. The project would modify the planned building for this location by making it taller (i.e., from 2 to 3 stories up to 5 stories) and of a residential use. Existing parking and major landscaping features of the Marina PCD have already been installed and would be maintained in a substantially same condition by the project. The proposed location of residential uses is sufficiently removed from existing commercial uses to prevent incompatibility. Most existing commercial uses, including the Sheraton hotel, are primarily accessible from and interact with their east building elevation and abutting parking lot which do not face and are removed from the proposed apartment building. The closest commercial building facing the proposed apartments is located approximately 250 feet to the south and includes ground -level offices, recreational equipment rental, and a coffee shop. Concerning public use of the Petaluma Marina, twenty (20) parking spaces would be adjacent to the proposed apartment building and signed for exclusive use by boaters. This ensures the public's continued use of the marina (and Petaluma River) and an appropriate relationship between uses. Additionally, the submitted shared parking study demonstrates the reservation of parking eighty (80) parking spaces for apartment residents will not discourage public use of the marina nor employee and customer access to existing commercial uses. For all the reasons above, the project presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and adequate landscaping and/or screening is included to insure compatibility. 3. The project concerns a site within an existing asphalt parking lot and, therefore, would not be located on natural habitat areas. The project is located nearby an open water channel that leads to the Petaluma River but would not alter any of the ornamental and natural vegetation present there. The project would result in the development of a new structure that would be highly visible from public vantage points but would not obstruct scenic vistas identified by the General Plan 2025 EIR. The project is not located near any General Plan EIR identified vistas and would not be visible from the Washington Street oveipass, McNear Peninsula or Rocky Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or other important vistas such as open space. The project's location is intended for a building rather than public open space. Existing public open space at and around the Petaluma marina would be unaltered by the project. Submitted architectural plans indicate the project can accommodate adequate private (i.e., balconies) and shared open space (i.e., courtyard). For all the reasons above, the project would protect the natural and scenic qualities of its site, and adequate available public and private spaces are designated, where existing, and feasible, where applicable. 4. The project would result in more robust combination of mixed uses, as contemplated by the General Plan's Land Use Map Mixed Use designation, and occur at a location within Petaluma's Urban Growth Boundary (UGB). The project is below the maximum floor- area -ratio permitted by the General Plan and, with the implementation of Mitigation Measure LU -1, will also comply with the permitted maximum residential density. General Plan Policy 2 -P -27 directs that, "Enable opportunities for a variety of synergistic and compatible uses adjacent to the Petaluma Marina," and Policy 2 -P -30, states, "Encourage new development between the Marina and Lakeville Highway to be compatible and synergistic with the Marina complex" The project would result in a greater variety of uses at the Petaluma Marina and, at this particular location and configuration of circulation and parking features, would not result in an incompatibility. The project's residential use may result in a complementary relationship by providing increased patronage of existing commercial uses. However, concerning the topic of circulation, the project falls short, as proposed, of sufficiently advancing several policies pertaining to pedestrian and bicycle facilities. For the General Plan's Lakeville Highway Subarea, Goal 2 -G -5 states, "Enhance the connectivity across and between all land uses along the Lakeville Highway to minimize the barrier it creates by presence, design and vehicular speed." The planned Class I bike path abutting the northern boundary of the Petaluma Marina presents an obvious opportunity to enhance connectivity and, as Policy 5 -P -4 directs, "New development and /or major expansion or change of use may require construction of off -site mobility improvements to complete appropriate links in the network necessary for connecting the proposed development with existing neighborhoods and land uses." Many other additional General Plan policies apply in this instance and state, as follows: Policy 5 -P -15 Implement the bikeway system as outlined in the Bicycle and Pedestrian Plan, and expand and improve the bikeway system wherever the opportunity arises. Policy 5 -P -20 Ensure that new development provides connections to and does not interfere with existing and proposed bicycle facilities. Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing neighborhoods and require a well - connected pedestrian network linking new and existing developments to adjacent land uses. Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct off - street bicycle and pedestrian travel. At the minimum, Class I standards shall be applied unless otherwise specified. Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along the parcel line of adjoining properties to provide separation from parking lots and buildings; design connections as Class I facilities. Policy 5 -P -30 Require all new development abutting any public trail to provide access to the trail. Policy 5 -P -31 Make bicycling and requiring developmen t throughout the city. walking more desirable by providing or to provide necessary support facilities Therefore, for the reasons stated above, the City Council finds the project shall include: (a) the installation of a Class I bike path between Baywood Drive and Marina Avenue at APN 005- 060 -065; and (b) dedication of a public access easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005- 060- 066).With the inclusion of those planned facilities, the proposed project will be in the best interests of the City and in keeping with the general intent and spirit of the General Plan. M For all the reasons above, the proposed amendment to the General Development Plan of the Marina PCD is consistent with the public necessity, convenience and general welfare. B. Prior to acting on this application, the City Council considered a Mitigated Negative Declaration (MND) prepared for the Project, and, based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council found that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. �m� Petaluma Marina Planned Community District (PCD) Amended and Re- Stated 2015 w This page intentionally left blank ,,�— I Petaluma Marina Planned Community District Table of Contents 1.0 Marina PCD 1.1 Purpose 2.0 Definitions 2.1 Purpose 2.2 Definitions of Specialized Terms and Phrases 2.3 Definition of Public Marina and Open Space Land Use Type 3.0 Applicability 3.1 Terms 3.2 Location 3.3 Effect of Prior Actions 3.4 Relationship to IZO 4.0 Land Use Districts 4.1 Purpose 4.2 Land Use Districts Established 4.3 Land Use District Map 4.4 Land Use District Purposes 5.0 Allowed Land Uses and Permit Requirements 6.0 Development Standards 7.0 Access & Parking 7.1 Purpose 7.2 Bicycle Parking 7.3 Vehicle Parking Spaces 7.4 IZO Provisions Not Applicable 8.0 PCD Modifications 9.0 Site Plan and Architectural Review (SPAR) 9.1 SPAR Procedures Exhibit A: Land Use District Map -$ This page intentionally left blank -9 1.0 Marina PCD 1.1 Purpose: The purpose of the Petaluma Marina Planned Community District ( "Marina PCD ") is to provide a mix of land uses that are compatible with public use of the marina facilities, and to foster public access to the marina facilities and connections to other open space areas within the community. 2.0 Definitions 2.1 Purpose: To establish the definitions of terms and phrases that are technical, specialized or that may not reflect common usage. 2.2 Definitions of Specialized Terms and Phrases: All specialized terms and phrases used in the Marina PCD are defined at City of Petaluma Implementing Zoning Ordinance ( "IZO ") Chapter 27 (Glossary), excepted as noted herein. 2.3 Definition of Public Marina and Open Space Land Use Type: Publicly owned land whose primary purpose is for uses consistent with public trust ownership such as water - related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails. 3.0 Applicability 3.1 Terms: These regulations apply to all land uses, subdivisions, and development within the Marina PCD in the same manner provided at IZO §1.040 (Applicability of the Zoning Ordinance). 3.2 Location: These regulations are applicable to all properties within the PCD as shown at Exhibit A. 3.3 Effect of Prior Actions: The following actions were incorporated into the Marina PCD by City Council Resolution 2015 -XX and, except as provided in Section 10 below, shall no longer be in effect: a) City Council Resolution No. 91 -353 b) City Council Ordinance No. 1876 C) City Council Resolution No. 91 -365 d) City Council Resolution No. 91 -113 e) City Council Resolution No. 98 -247 f) August 23, 2004 Minor Marina PCD Amendment 3.4 Relationship to IZO: Except as noted herein, when the Marina PCD is silent on a matter, the IZO shall apply. The Marina PCD shall apply in all other cases. Page 1 1 T-` (0 4.0 Land Use Districts 4.1 Purpose: To precisely indicate the areas to be used for each particular land use within the Marina PCD. 4.2 Land Use Districts Established: The Marina PCD is divided into two land use districts: a) Public Marina and Open Space District b) Marina Support District 4.3 Combining District Established: A portion of the Marina Support District within the Marina PCD is subject to one combining district: a) Parking Combining District 4.4 Land Use District Map: The boundary of each land use district and overlay district is shown on Exhibit B. 4.5 Land Use District and Combining District Purposes: The purpose of each land use district and combining district within the Marina PCD is as follows: a) Public Marina and Open Space District — To provide for uses consistent with public trust ownership such as water - related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails. b) Marina Support District — To provide for a variety of synergistic and compatible land uses adjacent to the Petaluma Marina. C) Parking Combining District — To provide an adequate number of unreserved and reserved off - street parking spaces, both privately and publicly owned, to facilitate access to all land uses within the PCD, including the Petaluma Marina. 4.6 Combining District Regulations: Land use within the Parking Combining District shall be restricted to off - street vehicle, bicycle parking both day use and long -term, as well as short -term parking for vehicles with boat trailers. Page 12 5.0 Allowed Land Uses and Permit Requirements Page 13 0.® � 12— 6.0 Development Standards Page 14 a- i REQUIREMENT By DISTRICT DEVELOPMENT FEATURE ]PUBLIC MARINA AND OPEN SPACE MARINA SUPPORT DISTRICT DISTRICT LOT SIZE Mininuon area and width required for each lot in a new subdivision Minimum Area NA NA NA NA Minimum Width Minimum Depth NA NA SETBACKS Minimum setbacks required. Primary structure 0 ft 0 ft Front 0 ft 0 ft Side — Interior 0 ft 0 ft Side — Street side 0 ft 0 It Rear Minimum setbacks required. Accessory Structure Not Permitted Not Permitted Front 5 ft 5 It Side — Interior 5 ft 5 ft Side — Street 0 ft 5 ft Rear FloorArea Ratio. Gross building f oor area divided by the building site area. BUILDING INTENSITY/DENSITY Residential Density. Dwelling units pe r net acre of develo able land. NA 2.5 Maximum Floor Area Ratio NA 30 du /ac Maximum Residential Density Maximum allowable height of structures measured from finished first f oor BUILDING HEIGHT elevation to roof peak. See IZO §12:020 for modifications. 1 Story - 30 It 2 Story — 41 ft Principal Building 30 ft 3 Story — 53 ft 4 Story — 66 ft 5 Story — 68 ft NA 91 ft Cupola/Architectural Element 15 ft 15 It Accessory Structure USABLE OPEN SPACE NA NA Page 14 a- i 7.0 Access & Parking 7.1 Purpose: To facilitate public access to the Petaluma Marina through the provision of off - street parking spaces and access ways for vehicles, bicycles and pedestrians. To provide adequate off - street parking spaces for the employees, customers, and residents at shared parking lots within the Marina Support District. 7.2 Bicycle Parking: Bicycle facilities shall be provided in accordance with IZO §11.090 (Standards for Bicycle Facilities). 7.3 Vehicle Parking Spaces: Except as provided below, individual uses within the Marina PCD are exempt from the requirement to provide off - street parking facilities. Rather, the Marina PCD shall, at all times, maintain shared off - street parking facilities, as follows: a) 762 unreserved off - street parking spaces for all land uses; plus b) 80 reserved off- street parking spaces for a Dwelling, Multiple use at APN 005 - 060 -089 and 005 - 060 -072; plus C) 20 reserved off - street parking spaces at APN 005 - 060 -072 for public access to the waters of the Petaluma Marina and connecting waterways, inclusive of reserved spaces for vehicles with boat trailers. 7.4 IZO Provisions: The following IZO standards shall not apply in the Marina PCD: a) §11.030(B) (Off- Street Parking Facilities to Serve One Use) b) §11.030(C) (More Than One Use on a Site) C) §11.060 (Number of Automobile and Bicycle Parking Spaces Required) 8.0 PCD Modifications 8.1 Modification Procedures: From time to time, it may be necessary and desirable to modify the Marina PCD. Modifications shall be in accordance with IZO Chapter 19 (Planned Unit District and Planned Community District). 9.0 Site Plan and Architectural Review (SPAR) 9.1 SPAR Procedures: All new development or changes to the exterior of existing structures or site features shall require Site Plan and Architectural Review in accordance with IZO Chapter 24 (Administrative Procedures). The Director may grant administrative Site Plan and Architectural Review for minor additions or modifications to existing buildings and /or site features. 9.2 SPAR Findings: All new development or changes to the exterior of existing structures or site features shall, in addition to the findings required by IZO §24.010(G)(1), also be found to be substantially consistent with the building form, materials and architectural style of existing buildings at the Petaluma Marina. Page 15 a_( q 10.0 Existing Structures 10.1 Permitted: The Marina PCD amends and restates the prior actions referenced in Section 3.3 above, and the Marina PCD is not intended to make any existing structure legal non - conforming. Notwithstanding anything to the contrary in the Marina PCD, any structure existing in the PCD on the effective date of the Marina PCD shall be deemed permitted under the Marina PCD. Page 16 ATTACHMENT 3 MARINA PLANNED COMMUNITY DISTRICT: DECISION - MAKING HISTORY 1986: Resolution 1186 -294 adopted by the City Council on October 27, 1986 Certifying, Approving and Adopting the Final Environmental Impact Report for the Petaluma Marina and Office Park Project and associated Improvements. 1988: Resolution #88 -25 adopted by the City Council on February 1, 1988 Resolution Approving the Planned Community District (PCD) Development Program for the Petaluma Marina and Office Complex (AP Nos. 005- 060 -006, 024, 027 and 028). Creates a development of 26.12 acres for Office, Retail, Commercial, Restaurant and Hotel uses, with a maximum of 250,000 square feet and a range of 805 — 878 parking spaces. A seaport/resort architectural style shall be used for all buildings in the PCD, where white clapboard siding, multi -paned windows, French doors and pitched standing seam metal roofs are key elements of this style. Balconies are proposed on the marina side of the hotel and the three -story office buildings. 1988: Ordinance #1713 adopted by the City Council on February 1, 1988 An Ordinance Amending the Zoning Classification No. 1027 N.C.S., as amended, by Classifying 27.42 Acres located at the southern terminus of Baywood Drive, from M- L/FP-C, to PCD /FP -C, AP Nos. 005- 060 -006, 024, 027, 028. 1989: Site Plan and Architectural Review Committee Approval on January 29, 1989 Approved designs for Buildings A, B and C (first phase of office /retail buildings), harbormaster's office and freestanding restroom building. Building Permits submitted for construction indicate that: Building A is 33,000 square feet; Building B is 36,000 square feet (Building C is proposed to be 54,700 square feet. As March 19, 1998, MOPA has not submitted a SPARC application for administrative review). 1990: Site Plan and Architectural Review Committee Approval on January 25, 1990 Landscaping Plans are approved for a 779 space parking lot. 1990: Site Plan and Architectural Review Committee Approval on July 26, 1990 Sign Program is approved by SPARC. Page 1 �._ 1990: Declaration of Easements, Covenants and Restrictions and Reciprocal Easements for the Petaluma Marina Project City Manager signs document, recorded on September 14, 1990, which creates 791 parking spaces. 1991: Resolution #91 -365 adopted by City Council on December 16, 1991 Approves the Amended Planned Community District Development Program for the Petaluma Marina and Office Park. Increases the total acreage from 26.12 to 30.59 acres. Increases the allowed square footage from 250,000 to 312,500. Increases the number of parking spaces to 898. Adds a 1.3 acre parcel and a portion of the Northern Pacific Railroad spur. USE CATEGORY 1988 PCD DISTRICT Marina Basin/ Public Uses Office Uses Commercial Restaurants/ Deli's Hotel Total Square Feet 7 - 8 acres open space 194 berths 134,750 - 202,265 sq. ft. 7,000 - 10,000 sq. ft. 8,500 - 11,500 sq. ft. 25,875 - 93,750 sq. ft. 75 - 125 rooms 250,000 1991 PCD DISTRICT 8 acres open space 190 - 200 berths 98,500 - 199,000 sq. ft. 0 - 47,000 sq. ft. 0 to 25,500 sq. ft. 110,000 - 135,000 sq. ft. 1.25 - 154 rooms 312,500 1991: Ordinance #1876 by the City Council on December 16, 1991 An Ordinance Amending the Zoning Classification No. 1027 N.C.S. as amended, by Classifying and Rezoning Lands Adjacent to the Petaluma Marina and Office Park (AP Nos. 005- 060 -044 and a portion of 005- 060 -006) from C- H/FP -C to PCD/FP -C. 1994: Administrative Approval by the Planning Director on October 12, 1994 A Minor Planned Community District Amendment affecting the permitted location of restaurant uses. Allows up to 25,500 square feet of restaurant uses for the business park, excluding any restaurant uses in the proposed hotel. 1995: Resolution #95 -113 adopted by City council on May 1, 1995. Denial of a request to amend the Planned Community District regulations to permit fast food restaurants with drive through facilities. Allows up to 25,500 square feet of restaurant uses for the business park, excluding any restaurant uses in the proposed hotel. Page 2 1998: Resolution No. 98 -247 N.C.S. adopted by City Council on November 16, 1998 Approves an Amended Planning Community District Development Program to allow an increase of 30 additional hotel rooms (for a total of 184 rooms). 1999: Administrative Approval by Planning Director on May 24, 1999 Approves a minor Planned Community District Regulation amendment to enclose a rooftop dining area on the south elevation of the Sheraton Hotel. 1999: Site Plan and Architectural Review Committee Approval on May 27, 1999 Approves a landscape plan for the Sheraton Hotel located at 745 Baywood Drive. 2002: Administrative Approval of Sign Program Amendment on August 5, 2002 Approves an amended sign program allowing the Sheraton Hotel to install on free- standing sign. 2004: Administrative approval by the Planning Director on August 23, 2004 A Minor Planned Community District Amendment shifting the allowable commercial square footage between parcels, as follows: • Main Marina Building (735 -775 Baywood) to have up to 18,000 square feet of commercial space (an increase over the 10,000 square feet currently allowed); • The vacant triangular parcels (adjacent to where Lakeville Highway and the flood channel meet, 785 Baywood) to have up to 14,000 square feet of commercial space (an increase over the 10,000 square feet currently allowed); and • The vacant old railroad spur parcel (between Public Storage /Yardbirds and the Marina parking lot, APN 005- 060 -065) to have up to 12,000 square feet of commercial space (a decrease over the 24,000 square feet currently allowed). This approval includes a condition that commercial space is only allowed on the ground floor. "Commercial" uses, as used within this action and the Marina PCD, means, "Retail sales and services except as prohibited or further regulated by this program." Page 3 1, J 4 6 7 8 9 10 11 ATTACHMENT 4 Tsolution No. 91 -365 N.C.S. of the City of Petaluma, .California A RESOLUTION APPROVING THE AMENDED PLANNED COMMUNITY DISTRICT DEVELOPMENT PROGRAM FOR THE PETALUMA MARINA AND OFFICE PARK (AP No.'s 005- 060 -06, 44, 53, 54, 55, 56, 57, 58, 59 and a portion of 60) WHEREAS, the project site was rezoned to Planned Community District by Ordinance numbers 1713 N.C.S. and 1875 N.C.S.; and 12 WHEREAS, by action taken on November 26, 1991, the Planning Commission considered 13 and forwarded a recommendation to the City Council to conditionally approve an amended 14 PCD Development Program for the Petaluma Marina and Office Complex; and 15 16 WHEREAS, the City Council finds that the requirements of the California Environmental 17 Quality Act have been satisfied through the preparation of an Initial Study and the 18 adoption of a Mitigated Negative Declaration by Resolution No. 91 -353. 19 20 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby conditionally j approves the amended PCD Development Program attached as "Exhibit A" for the 212 Petaluma Marina and Office Park pursuant to Section 19A -504 of Zoning Ordinance 1072 23 N.C.S., as amended based on the following findings and subject to the following conditions: 24 25 Find_ in4 26 27 1. The development proposed is in substantial harmony with the General Plan of the 28 City of Petaluma, because it represents a continuation of the established land use 29 pattern and will provide an opportunity for the development of a coordinated, 30 attractive, quality commercial project at an important entrance to the City. The 31 development can be coordinated with existing and planned development of the 32 surrounding areas through SPARC review. 33 34 2. The traffic impacts of the proposed project have been analyzed and the City traffic 35 engineer has determined that the streets and thoroughfares proposed are suitable 36 and adequate to serve the proposed user as conditionally approved, and the 37 anticipated traffic which will be generated thereby. 38 39 3. Building permits for the second stage of the protect (Building B and associated 40 pparking lot improvements) have been issued and the development of the PCD will 41 be initiated within a reasonable time by submittal of development plans for the next 42 stages of the project. 43 44 4�6 91 -365 1 �� Res. No ........................... N.C.S. ao� - .. .. o�. 1 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 77' 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 I 4. The proposed development pro &ram is to be administered by the City Planning Department and SPARC, and will insure that development will be appropriate in area, location, and overall planning to the purpose intended; and that such development will be in harmony with the character of the surrounding areas. The requirement that specific sensitive uses be Conditional Uses, requiring review by the Planning Commission, will insure that these uses to not detract from the purpose and objectives of the PCD program. Condition 1. The proposed PCD Development Program shall be modified as follows: a. Fast food restaurants shall be removed �on E.4• CONDITIONAL USES. I D PRINCIPAL USES and listed under b. Drive through ' restaurants shall be removed from Section EA CONDITIONAL USES and listed under Section E.5: Prohibited Uses. C. Sections E.4.f and F.5, relating to the site layout, shall be modified to permit up to two freestanding buildings 'on the 1.3 acre triangular shaped parcel (APN 005- 060 -06). d. Section F.4 relating to signs shall be modified to read: Si =: : An amended master sign program for the Marina PCD shall be approved by Site Plan and Architectural Review Committee. The sign program shall coordinate signs for the hotel marina, office, retail, and boat launching into one aesthetically integrated program. The sign to rogram may permit one permanent project identification etaluma viewed and easily readable, primarily from the River, Boulevard and, by proximity, the freeway. Siggnnss for retail tenants of the former NWPRR shall be consistent iiTi tthe req n the sloped Section G of the signage program and may be located portion of the roof facing Lakeville provided that they are integrated into the design, of the building and roof structure and approved by SPARC. - The sign program may also permit signs on two sides of the main copula displaying the hotels name and corporate trademark. e. Section E.4.e shall be modified to read as follows: Any use similar in nature to a Permitted Principal or Conditional use, but not specifically listed in this program that, as determined by the Planning Director, are pto ected to create a substantial increase in the demand for parking, invo�ve impacts on surrounding uses which can not be mitigated through the Design Review process, or are in conflict with the overall design concept put forth in this PCD program. Reso. 91 -365 NCS 2 LI, - Z_ IL 4 5 6 2. The thirteen (13) mitigations adopted by Resolution No. 91 -353 approving a Mitigated Negative Declaration for the Petaluma Marina and Office Park proposal are hereby incorporated as conditions of approval for the PCD program. mopapcdr /dd2 Under the power and authority conferred upon this Council' by the Charter of said City. I hereby certify the foregoing Resolution was introduced and adopted by rc as to REFERENCE: fo Council of the City of Petaluma at a (Regular){ meeting on the ...J.Fath ............. day of ....... D. ecemhet :.............................. 19.9.1.., by the following vote: 9-ii o eY.......... AYES: Read. Davis, Mavor Hilligoss, Nelson NOES: Na ABSENT: ATTEST: CA 10.85 noun 3 Res. No ..... 9.1-..3.6.5........ N.C.S. 1 PETALUMA MARINA AND OFFICE COMPLEX PLANNED COMMUNITY PROGRAM Amended December, 19911 GENERAL DEVELOPMENT PLAN A. PURPOSE OF PCD ZONE The uniqueness of this project's site characteristics and location and the unique cooperative public - private venture of the marina project itself create special needs for pre - planning that this Planned Community District (PCD) is intended to address. The purpose of the Petaluma Marina Office Complex PCD is to encourage the unified planning of the area in question to achieve a variety of complimentary land uses and building designs. The PCD zoning classification will insure development of the area in accordance with the provisions of the Program. This PCD' does not, however, lock the development plan into an unchanging construction plan, but rather is intended to act as a master plan, guideline and goal toward which development should proceed. The project scope, description, and other characteristics may be modified by the City Council and project sponsor to reflect new information, fiscal and market conditions, new development in the area, and other relevant factors. 26 Another purpose of this PCD is to assure the long -term viability of the marina by adding as principal uses hotel and office activities. Accessory and ,7 7 1J conditional uses (as listed in Section E of this program) will work to support uJ and enhance the principal uses together as an integrated unit. 30 31 B. DESIGN CONCEPT 32 33 All new buildings will be evaluate by Site Plan and Architectural Review 34 35 Committee for compatibility with the following design concept and the schematic elevations prepared by Ron Nunn Associates and ADR (see 36 Exhibit "D" for an example elevation) on file in the City of . Petaluma 37 Planning Department: 38 39 A series of 1, 2, 3, and 4 story buildings will accommodate the proposed 40 312,500 square feet of floor space. The central component comprised of be four stones, with 41 Building D (proposed for either hotel or office) will 42 office and commercial buildings on either side stepping down to three and 43 44 two stories. The buildings on AP. No. 005 - 060 -06 will be two or three stories and the building on the portion of AP No. 005- 060 -60 (the former NWPRR 45 spur) will be two stories. 46 47 A seaport/resort architectural style shall be used for all buildings in the 48 PCD, including the use of white clapboard siding, multi -paned windows, 49 50 french doors, and pitched standing seam metal roofs. Balconies are on the manna side of the hotel and the three -story office buildings. 51 proposed All buildings would be of composite wood -frame and steel or structural steel 52 construction. XrHIBI I .:�z,.r 1 RESO. q 1. ° 36 5 N C S L-E I. 1 A boardwalk (approximately eight feet wide) is proposed along the entire basin side of Buildings A, B, and C. A 10,000 square foot plaza is proposed in the "U "- shaped area formed by the hotel and office building footprint. A 4 full service restaurant may be located overlooking the marina. 5 5 Exact uses of the plaza area have not been determined, although they will 7 probably be related to the hotel and restaurant. A plaza swimming pool and g outdoor dining area are indicated. A restaurant /delicatessen /coffee shop is 9 also a possible use. 10 11 Three passageways are indicated between the proposed main buildings.and 12 one passage way on each end, for a total of five passageways in order to 13 provide convenient pedestrian access to the marina. 14 15 C. SETTING (see attached location map "Exhibit A ') 16 17 The project site is located within the City limits near, the edge oft the 18 Petaluma urbanized area; south of the Lakeville Highway and approximately 19 500' east of U.S. 101. Land to the east of the site includes a substantial 20 wetlands area which is privately owned and undeveloped. A Sonoma County 21 Water Agency drainage channel and levee run adjacent to the west boundary 22 of the property. The main Northwestern Pacific Railroad manmade drainage, 23 west of the channel, between the site and 24 ditch runs the length of the northern boundary of the site. The land to the 25 north is privately owned and is developed with mixed use /commercial 26 development fronting on Lakeville Highway (i.e., offices, mini- storage, and a jlarge paved parking area). D. PROJECT SITE AND EXISTING USES (see attached site plan "Exhibit C ") 30 31 Project development as currently proposed would occupy the following area: 33 1) Lots 1 through 6 (Assessor's Parcel Nos. 005- 060 - 53,54,55,56,57,58) as 34 shown and designated upon that certain map entitled Petaluma 5 Marina Parcel Map No. 247, filed in the Office of the County 35 Recorder on February 27, 2990 in Book 454 of Maps, pages 9 and 10, 37 Sonoma County Records (collectively comprising approximately 12.15 acres); 39 2) Parcels 2 and 3 described in that certain Compromise Title Settlement Agreement recorded March 22, 1988, under Document No. 88- 40 41 022143, Sonoma County Records (collectively comprising 42 approximately 13.98 acres); 43 3 Assessor's Parcel No. 005 - 060 -06 (approximately 1.3 acres); 44 4� A portion of Assessors Parcel No. 005 - 060-60 (a proximately 1.97 45 acre portion of the former Northwestern Pacific Railroad Spur); 46 5) Assessors Parcel No. 005 - 060 -44 (approximately 1.33 acres containing 47 the 799 Baywood Office Building). 48 49 The total acreage of the PCD is approximately 30.59 acres. 50 51 Baywood Drive has been extended onto the site and is now the primary road 52 access for the project. Marina Avenue (formerly Petroleum Avenue), will be the future secondary entrance between the Petaluma Marina and the ­4' Lakeville Highway. A third entrance -only access to the project from 2 PESO-9 1 ® 36 5 N C S LA -5 1 Lakeville Highway via the new 101 northbound exit /Lakeville Highway - ' Interchange is also proposed. 4 5 The southern portion of the site is currently occupied by the recently completed 'City of Petaluma Marina and boat launch ramp facility and the "Exhibit "). 775 Baywood Drive office building ( "Building A" on attached C 6 7 Most of the site utilities for the marina and commercial projects are complete, as is the parking servicing 775 Baywood and the Marina. There is 8 9 currently a 3,500 square foot office building on APN NO. 005- 060 - 06(799 10 Baywood). The remainder of the site is undeveloped. 11 12 E. CHARACTER OF PROPOSED LAND USES 13 14. The proposed land use is for a 194 berth public marina and accessory uses 15 owned by the City of Petaluma, 312,500 square feet of building space and 16 approximately 898 parking spaces. MOPA, or its successors in interest, and 17 the City of Petaluma have each granted to the other easements .for parking 18 and access. These easements shall be amended by MOPA to include the new 19 additions to the Petaluma Marina and pedestrian and bicycle access prior to 20 issuance of building permits for the new parcels. Square footages of the 21 proposed uses (see chart below) will be annually confirmed by MOPA, or its 22 successors in interest, if requested by the Director of Planning. 23 24 1. PROPOSED USES BY PARCEL 25 26 a. AP Nos 006-050-53,54,55,56,57.58.59 (Main Marina Parcel) j Marina Basin /public uses 8 acres, 194 berths Office 98,500 - 145,000 square ft. .�y 30 Commercial 0- 10,000 square feet 31 2 Restaurants 0- 11,500 square feet Hotel (125 -154 rooms) 110,000 - 135,000 sq.ft. (up to one 33 additional restaurant is included in the 34 hotel square footage) 35 36 TOTAL FLOOR AREA 255,000 square feet 37 38 39 b. AP No. 005 - 060 -06 40 41 Office 0- 30,000 square feet 42 Commercial 0- 10,000 square feet 43 Restaurants 0-10,000 square feet 44 45 TOTAL FLOOR AREA 30,000 square feet 46 47 C. PORTION AP NO 005- 060 -60 (portion former railroad spur) 48 49 Office 0- 24,000 square feet 50 Commercial 0- 24,000 square feet 51 Restaurants 0 -4,000 square feet 52. TOTAL FLOOR AREA 24,000 square feet .;4 3 RESO- q 1® 96 5 N C S 1 d. AP No 005- 060-44 (799 Baknvoodl Office 0 -3,500 square feet ., 4 Commercial 0 -3,500 square feet 5 5 TOTAL FLOOR AREA 3,500 square feet 7 8 Although square £ootages of uses may vary within ranges shown, total 9 square footage of structures shall not exceed 312,500 square feet. 10 11 2. PERWITED PRINCIPAL USES 12 13 a) Marina /Public Uses: A public marina containing one public 14 boat launching facility, a 1,000 square foot marina 15 administration and maintenance facility, a 500 square foot 16 public restroom facility, boat washing facilities, and a disposal 17 system for boat septic systems, and comparable uses as 18 determined by the Planning Director. 19 b) Office: Professional business offices such as insurance, real 20 estate, yacht brokers; banks, savings and loans and other 21 financial institutions; professional offices such as attorneys, 22 accountants, architects, engineers; medical, dental and optical 23 offices or similar and compatible office uses as determined by 24 25 the Plannin Director. c) Commercial. Retail sales and services except as prohibited or 26 further regulated by this program. d) Restaurant: Any food service ranging from full- service sit - t down restaurant to coffee shop /deli, or any combination 29 thereof, and nightclubs. 30 e) Hotel: A structure or coordinated series of structures 31 containing individual guest rooms or suites, where lodging is 32 provided for transients for compensation, and accessory 33 support facilities, including convention meeting facilities, a 34 restaurant and related businesses and services normally associated with hotel uses as determined by the Director of 35 36 Community Development and Planning. Hotel may include up 37 to 9,000 square feet of restaurant and up to 3,000 square feet 38 of 'Commercial. 39 40 3. PERMITTED ACCESSORY USES 41 42 All accessory uses customarily appurtenant to a permitted principal 43 use as determined by the Planning Director. 44 45 4. CONDITIONAL USES 46 47 a Marina: Fueling facilities for boats. 48 b� Office: Laboratories; offices using hazardous or explosive 49 materials in a quantity to warrant regulation by the Fire Marshal; business and technical schools. 501 c) Commercial: Convenience markets; arcades; commercial 51 j recreation. d) Restaurant: Portable restaurants (e.g., hot dog wagons), and fast food restaurant. RES0. 9 1. ° 36 5 N C S 4_1 I .7 4 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i .20 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 .i4 e) Any use similar in nature to a Permitted Principal or Conditional use, but not specifically listed in this program that, as determined by the Planning Director, are projected to create a substantial increase in the demand for parking, involve impacts on surrounding uses which can not be mitigated through the Design Review process, or are in conflict with the f) overall design concept put forth in this .PCD program. Any free standing buildings not shown on the master schematic site plan (Exhibit C) except that up to two free- standing the 1.3 acre triangular shaped buildings shall be permitted on parcel(APN 005-060-06). 5. PROHIBITED USES a. auto repair, automobile service stations, auto dealers, b. automatic car washes sales and rental of appliances, tools, and other household equipment sales and rental of construction equipment, farm equipment, C. mobile homes, and trailers d. building ,materials sales yards, carpenter, electrical, plumbing sheet metal and upholstery shops on site storage of goods; e. wholesale establishments involving and warehousing f. soft drink bottling plants gg h. creameries outdoor nurseries, green houses and fruit stands L grocery stores except convenience markets J , k. on board living bowling alleys, roller skating rinks and other similar large draw commercial recreation facilities 1. ambulance services m. mortuaries, crematoriums, columnbariums n. animal hospitals, veterinary clinics, kennels and pet stores o. drive- through restaurants. F. DEVELOPMENT STANDARDS 1. Maximum - height* 1 story - 30 feet 2 story - 41 feet. 3 story - 53 feet 4 story - 66 feet Cupola - 91 feet * Height of a building is defined as the vertical distance as measured. from the finished first floor elevation of each building to the roof peak of each building. Flag poles and cupolas are allowed on the building roofs above the stated maximum height. 2. Open Space: Approximately 1.16 acres of usable landscaped open space primarily along the south edge of the marina basin and an approximately 4 acre wetland area east of the marina entrance channel will remain undisturbed (See Exhibit "C) 5 ftFSo. 9 -1 ° 3 6 5 N C S _� 23 24 25 2.6 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 rry, s4 H. Exhi i 3. Landscaping: Landscaping of the site shall be in conformance with the approved landscaping plan on file with the City of Petaluma Planning Department. A revised landscaping plans to including the new AP Nos. 005 - 060 - 06,44, and the portion of 005 - 060-60 to be included in the Marina PCD shall be submitted for approval by Site Plan and Architectural Review Committee prior to the issuance of building permits for these sites. 4. Sin : An amended master sign program for the Marina PCD shall be approved by Site Plan and Architectural Review Committee. The sign program shall coordinate signs for the hotel marina, office, retail, and boat launching into one aesthetically integrated program. The siggn program may permit one permanent project identification to be viewed and easily readable, primarily from the River, Petaluma Boulevard_ and, by proximity, the freeway. Signs for retail tenants on the former NWPRR shall be consistent with the requirements of Section G of the signage program and may be located on the sloped' portion of the roof facing Lakeville provided that they are integrated into the design of the building and roof structure and approved by SPARC. The sign program may also permit signs on two sides of the main copula displaying the hotels name and corporate trademark. 5. Site Layout: The site shall be developed in substantial conformance with the master site plan (Exhibit C) except that up to two freestanding buildings shall be permitted on the 1.3 acre triangular shaped parcel (APN 005 - 060 -06). DEVELOPMENT Development of the site is expected to occur incrementally. Development within the district shall proceed by submitting development plans for approval by the site plan architectural review committee, or an application for a Use Permit in compliance with the provisions of Section 26 -500 of the Zoning Ordinance when required; or tentative or parcel map, if necessary. VARIATIONS Whenever the I standards contained in this PCD program do not address an aspect of physical development or use within the development, the Planning Director may regulate this development by interpreting the most comparable sections of other City Zoning Districts. The Director may also refer such questions of development standards or uses to either SPARC or the Planning Commission for a decision. Any decision by the Director, SPARC, or Planning Commission may be appealed to the City Council through standard appeal procedures contained in the Zoning Ordinance. "A" location map "B" Assessor's parcel map "C" site plan "D" example elevation mopapcd / dd2 /12/23/91 WV .9:L° 36 5NCS ATTACHMENT 5 RESOLUTION OF THE CITY COUNCIL GRANTING AN APPEAL AND OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY MODIFICATIONS TO THE GENERAL DEVELOPMENT PLAN FOR THE MARINA PLANNED COMMUNITY DISTRICT LOCATED AT THE PETALUMA MARINA APN: 005- 060 -053, -054, -059, -065, -070, -072, -079, -082, -084, -085, and -089 FILE NO: PLZT -15 -0001, PLSR -15 -0011 WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an application to modify the General Development Plan for the Petaluma Marina Planned Commercial District ( "Marina PCD ") located at APN 005- 060 -053, -054, -059, -065, -070, -072, -079, -082, -084, -085, and -089, on behalf of property owner Petaluma Marina Office Investors, LLC, to amend and restate it in a manner that would enable construction of a proposed ninety O unit apartment building and other associated site improvements located at the northwest corner of the Petaluma Marina at APN 050- 060 -089 and 005- 060 -072; and WHEREAS, the submitted application includes a Site Plan and Architectural Review request and, pursuant to the modified Marina PCD General Development Plan, would also include a Conditional Use Permit request - all of which would be acted upon by the Planning Commission at a separate, subsequent public hearing; and WHEREAS, on December 22, 2015, the City's Planning Commission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance §§ 19.040(E) and 19.070, to consider the application and at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 22, 2015, the Planning Commission considered the staff report dated December 22, 2015, analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and WHEREAS, on December 22, 2015, a motion before the Planning Commission to approve an amended General Development Plan for the Marina PCD resulted in a tie vote and, thereby, resulting in a de facto denial of the request under Implementing Zoning Ordinance §25.050; and WHEREAS, Implementing Zoning Ordinance (IZO) §25.050 (Amendments - Public Hearings of the Planning Commission) provides that, "Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the proceedings unless such decision is appealed to the City Council as provided below," and, in response to the de facto denial, the applicant submitted, on December 29, 2015, a valid and timely appeal of the Planning Commission's action; and, WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the appeal of the Planning Commission's de facto denial was held by the City Council on April 4, 2016, where all persons interested had the opportunity to be heard; and, NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: 1�- � A. The City Council hereby grants the appeal and overturns the de facto denial by the Planning Commission and, pursuant to Implementing Zoning Ordinance §19.040, the City Council adopts the proposed amendment to the General Development Plan of the Petaluma Marina Planned Commercial District ( "Marina PCD "), attached hereto as Exhibit A, based on the following findings required by Implementing Zoning Ordinance §19.030: 1. The proposed amendment to the General Development Plan of the Marina PCD is, for the reasons discussed in the December 22, 2015 Planning Commission staff report and April 4, 2016 City Council staff report, consistent with the following Petaluma General Plan policies: Policy 1 -P -1 (Development Within UGB); Policy 1 -P -2 (Efficient Land Use in UGB); Policy I -P -11 (Land Use Intensification); Policy 1 -P- 27 (Parking Solutions); Policy 2 -P -5 (Arterial Corridors); Policy 2 -P -11 (River Oriented Development); Goal 2 -G -5 (Lakeville Highway Connectivity); Policy 2 -P- 27 (Petaluma Marina - Land Uses); Policy 2 -P -30 (Petaluma Marina — Compatibility). With the Project conditioned to include: (a) the installation of a Class I bike path between Baywood Drive and Marina Avenue at APN 005- 060 -065; and (b) dedication of a public access easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005- 060 -066), the proposed amendment to the General Development Plan of the Marina PCD is also consistent with the following General Plan policies: Policy 5 -P -15 (Expand and Improve Bikeway System); Policy 5 -P -20 (New Development); Policy 5 -P -22 (Pedestrian Connectivity); Policy 5 -P -25 (Multi - Use Trails); Policy 5 -P -27 (Class I Facilities); Policy 5 -P -30 (New Development); and Policy 5 -P -31 (Bicycling and Walking). These conditions would only apply to residential construction within the Marina PCD. 2. The project concerns an existing building site identified by the currently approved Marina PCD. The project would modify the planned building for this location by malting it taller (i.e., from 2 to 3 stories up to 5 stories) and of a residential use. Existing parking and major landscaping features of the Marina PCD have already been installed and would be maintained in a substantially same condition by the project. The proposed location of residential uses is sufficiently removed from existing commercial uses to prevent incompatibility. Most existing commercial uses, including the Sheraton hotel, are primarily accessible from and interact with their east building elevation and abutting parking lot which do not face and are removed from the proposed apartment building. The closest commercial building facing the proposed apartments is located approximately 250 feet to the south and includes ground -level offices, recreational equipment rental, and a coffee shop. Concerning public use of the Petaluma Marina, twenty (20) parking spaces would be adjacent to the proposed apartment building and signed for exclusive use by boaters. This ensures the public's continued use of the marina (and Petaluma River) and an appropriate relationship between uses. Additionally, the submitted shared parlting study demonstrates the reservation of parking eighty (80) parking spaces for apartment residents will not discourage public use of the marina nor employee and customer access to existing commercial uses. For all the reasons above, the project presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and adequate landscaping and /or screening is included to insure compatibility. 3. The project concerns a site within an existing asphalt parking lot and, therefore, would not be located on natural habitat areas. The project is located nearby an open water channel that leads to the Petaluma River but would not alter any of the ornamental and natural vegetation present there. The project would result in the development of a new structure that would be highly visible from public vantage points but would not obstruct scenic vistas identified by the General Plan 2025 EIR. The project is not located near any General Plan EIR identified vistas and would not be visible from the Washington Street overpass, McNear Peninsula or Rocky Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or other important vistas such as open space. The project's location is intended for a building rather than public open space. Existing public open space at and around the Petaluma marina would be unaltered by the project. Submitted architectural plans indicate the project can accommodate adequate private (i.e., balconies) and shared open space (i.e., courtyard). For all the reasons above, the project would protect the natural and scenic qualities of its site, and adequate available public and private spaces are designated, where existing, and feasible, where applicable. 4. The project would result in more robust combination of mixed uses, as contemplated by the General Plan's Land Use Map Mixed Use designation, and occur at a location within Petaluma's Urban Growth Boundary (UGB). The project is below the maximum floor- area -ratio permitted by the General Plan and, with the implementation of Mitigation Measure LU -1, will also comply with the permitted maximum residential density. General Plan Policy 2 -P -27 directs that, "Enable opportunities for a variety of synergistic and compatible uses adjacent to the Petaluma Marina," and Policy 2 -P -30, states, "Encourage new development between the Marina and Lakeville Highway to be compatible and synergistic with the Marina complex" The project would result in a greater variety of uses at the Petaluma Marina and, at this particular location and configuration of circulation and parking features, would not result in an incompatibility. The project's residential use may result in a complementary relationship by providing increased patronage of existing commercial uses. However, concerning the topic of circulation, the project falls short, as proposed, of sufficiently advancing several policies pertaining to pedestrian and bicycle facilities. For the General Plan's Lakeville Highway Subarea, Goal 2 -G -5 states, "Enhance the connectivity across and between all land uses along the Lakeville Highway to minimize the barrier it creates by presence, design and vehicular speed." The planned Class I bike path abutting the northern boundary of the Petaluma Marina presents an obvious opportunity to enhance connectivity and, as Policy 5 -P -4 directs, "New development and /or major expansion or change of use may require construction of off -site mobility improvements to complete appropriate links in the network necessary for connecting the proposed development with existing neighborhoods and land uses." Many other additional General Plan policies apply in this instance and state, as follows: Policy 5 -P -15 Implement the bikeway system as outlined in the Bicycle and Pedestrian Plan, and expand and improve the bikeway system wherever the opportunity arises. Policy 5 -P -20 Ensure that new development provides connections to and does not interfere with existing and proposed bicycle facilities. Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing neighborhoods and require a well - connected pedestrian network linking new and existing developments to adjacent land uses. Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct off - street bicycle and pedestrian travel. At the minimum, Class I standards shall be applied unless otherwise specified. Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along the parcel line of adjoining properties to provide separation from parking lots and buildings; design connections as Class I facilities. Policy 5 -P -30 Require all new development abutting any public trail to provide access to the trail. Policy 5 -P -31 Make bicycling and walking more desirable by providing or requiring development to provide necessary support facilities throughout the city. Therefore, for the reasons stated above, the City Council finds the project shall include: (a) the installation of a Class I bike path between Baywood Drive and Marina Avenue at APN 005- 060 -065; and (b) dedication of a public access easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005- 060- 066).With the inclusion of those planned facilities, the proposed project will be in the best interests of the City and in keeping with the general intent and spirit of the General Plan. G — L, 5. For all the reasons above, the proposed amendment to the General Development Plan of the Marina PCD is consistent with the public necessity, convenience and general welfare. B. Prior to acting on this application, the City Council considered a Mitigated Negative Declaration (MND) prepared for the Project, and, based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council found that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. !S--!5 EXHIBIT A Petaluma Marina Planned Community District (PCD) Amended and Re- Stated 12015 s ®6 This page intentionally left blank 5 -1 Petaluma Marina Planned Community District Table of Contents 1.0 Marina PCD 1.1 Purpose 2.0 Definitions 2.1 Purpose 2.2 Definitions of Specialized Terms and Phrases 2.3 Definition of Public Marina and Open Space Land Use Type 3.0 Applicability 3.1 Terms 3.2 Location 3.3 Effect of Prior Actions 3.4 Relationship to IZO 4.0 Land Use Districts 4.1 Purpose 4.2 Land Use Districts Established 4.3 Land Use District Map 4.4 Land Use District Purposes 5.0 Allowed Land Uses and Permit Requirements 6.0 Development Standards 7.0 Access & Parking 7.1 Purpose 7.2 Bicycle Parking 7.3 Vehicle Parking Spaces 7.4 IZO Provisions Not Applicable 8.0 PCD Modifications 9.0 Site Plan and Architectural Review (SPAR) 9.1 SPAR Procedures Exhibit A: Land Use District Map N ► This page intentionally left blank 1.0 Marina PCD 1.1 Purpose: The purpose of the Petaluma Marina Planned Community District ( "Marina PCD ") is to provide a mix of land uses that are compatible with public use of the marina facilities, and to foster public access to the marina facilities and connections to other open space areas within the community. 2.0 Definitions 2.1 Purpose: To establish the definitions of terms and phrases that are technical, specialized or that may not reflect common usage. 2.2 Definitions of Specialized Terms and Phrases: All specialized terms and phrases used in the Marina PCD are defined at City of Petaluma Implementing Zoning Ordinance ( "IZO ") Chapter 27 (Glossary), excepted as noted herein. 2.3 Definition of Public Marina and Open Space Land Use Type: Publicly owned land whose primary purpose is for uses consistent with public trust ownership such as water - related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails. 3.0 Applicability 3.1 Terms: These regulations apply to all land uses, subdivisions, and development within the Marina PCD in the same manner provided at IZO §1.040 (Applicability of the Zoning Ordinance). 3.2 Location: These regulations are applicable to all properties within the PCD as shown at Exhibit A. 3.3 Effect of Prior Actions: The following actions were incorporated into the Marina PCD by City Council Resolution 2015 -XX and, except as provided in Section 10 below, shall no longer be in effect: a) City Council Resolution No. 91 -353 b) City Council Ordinance No. 1876 C) City Council Resolution No. 91 -365 d) City Council Resolution No. 91 -113 e) City Council Resolution No. 98 -247 D August 23, 2004 Minor Marina PCD Amendment 3.4 Relationship to IZO: Except as noted herein, when the Marina PCD is silent on a matter, the IZO shall apply. The Marina PCD shall apply in all other cases. Page 11 4.0 Land Use Districts 4.1 Purpose: To precisely indicate the areas to be used for each particular land use within the Marina PCD. 4.2 Land Use Districts Established: The Marina PCD is divided into two land use districts: a) Public Marina and Open Space District b) Marina Support District 4.3 Combining District Established: A portion of the Marina Support District within the Marina PCD is subject to one combining district: a) Parking Combining District 4.4 Land Use District Map: The boundary of each land use district and overlay district is shown on Exhibit B. 4.5 Land Use District and Combining District Purposes: The purpose of each land use district and combining district within the Marina PCD is as follows: a) Public Marina and Open Space District — To provide for uses consistent with public trust ownership such as water - related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails. b) Marina Support District — To provide for a variety of synergistic and compatible land uses adjacent to the Petaluma Marina. C) Parking Combining District — To provide an adequate number of unreserved and reserved off - street parking spaces, both privately and publicly owned, to facilitate access to all land uses within the PCD, including the Petaluma Marina. 4.6 Combining District Regulations: Land use within the Parking Combining District shall be restricted to off- street vehicle, bicycle parking both day use and long -term, as well as short -term parking for vehicles with boat trailers. Page 12 5.0 Allowed Land Uses and Permit Requirements PUBLIC TRUST LANDS — CUP Public Marina and Open Space P P LODGING Lodging - H otel /M otel – P RECREATION, EDUCATION & PUBLIC ASSEMBLY — P Commercial Recreation - Indoor � FitnesslHealth Facility ���� - -�� School - Specialized Education and Training Studio - Art, Dance, Martial Arts, Music, etc. — CUP P - - — CUP — P RESIDENTIAL Dwelling, Multiple — CUP Home Occupation — S(1) IZO §7.050 RETAIL Artisan Shop — P General Retail — P Restaurant, Cafe, Coffee Shop —� P SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM — P Bank, Financial Services — P Business Support Service — P Medical Services -Minor — P Office - Business, Service, or Government — P Office - Professional, Administrative — P SERVICES - GENERAL Personal Services — P Notes: (1) Permitted within Dwelling, Multiple use. Page 13 C I Z- 6.0 Development Standards Page 14 �� 1 REQUIREMENT BY DISTRICT DEVELOPMENT FEATURE PUBLIC MARINA AND OPEN SPACE MINA SUPPORT DISTRICT AR DISTRICT LOT SIZE Minimum area and width required for each lot in a new subdivision Minimum Area NA NA NA NA Minimum Width Minimum Depth NA NA SETBACKS Minimum setbacks required. Primary structure 0 ft 0 ft Front 0 ft 0 ft Side — Interior 0 It 0 ft Side — Street side 0 ft Oft Real. Minimum setbacks required Accessory Structure Not Permitted Not Permitted Front 5 ft 5 ft Side — Interior 5 ft 5 ft Side — Street 0 It 5 ft Rear Floor Area Ratio. Gross buildingfloor area divided by the building site area. BUILDING INTENSITY/DENSITY Residential Density.',Bwelling units pet net acre o develo able land. NA 2.5 Maximum Floor Area Ratio NA 30 du/ac Maximum Residential Density Maximum allowable height of structures measured from finished fist, floor BUILDING HEIGHT elevation to roof peak See IZO §12.020 for modifications. 1 Story - 30 ft 2 Story -41 It Principal Building 30 ft 3 Story — 53 ft 4 Story — 66 ft 5 Story — 68 ft NA 91 It Cupola/Architectural Element 15 It 15 ft Accessory Structure USABLE OPEN SPACE NA NA Page 14 �� 1 7.0 Access & Parking 7.1 Purpose: To facilitate public access to the Petaluma Marina through the provision of off - street parking spaces and access ways for vehicles, bicycles and pedestrians. To provide adequate off - street parking spaces for the employees, customers, and residents at shared parking lots within the Marina Support District. 7.2 Bicycle Parking: Bicycle facilities shall be provided in accordance with IZO §11.090 (Standards for Bicycle Facilities). 7.3 Vehicle Parking Spaces: Except as provided below, individual uses within the Marina PCD are exempt from the requirement to provide off - street parking facilities. Rather, the Marina PCD shall, at all times, maintain shared off - street parking facilities, as follows: a) 762 unreserved off - street parking spaces for all land uses; plus b) 80 reserved off - street parking spaces for a Dwelling, Multiple use at APN 005 - 060 -089 and 005 - 060 -072; plus C) 20 reserved off - street parking spaces at APN 005 - 060 -072 for public access to the waters of the Petaluma Marina and connecting waterways, inclusive of reserved spaces for vehicles with boat trailers. 7.4 IZO Provisions: The following IZO standards shall not apply in the Marina PCD: a) §11.030(B) (Off- Street Parking Facilities to Serve One Use) b) §11.030(C) (More Than One Use on a Site) C) §11.060 (Number of Automobile and Bicycle Parking Spaces Required) 8.0 PCD Modifications 8.1 Modification Procedures: From time to time, it may be necessary and desirable to modify the Marina PCD. Modifications shall be in accordance with IZO Chapter 19 (Planned Unit District and Planned Community District). 9.0 Site Plan and Architectural Review (SPAR) 9.1 SPAR Procedures: All new development or changes to the exterior of existing structures or site features shall require Site Plan and Architectural Review in accordance with IZO Chapter 24 (Administrative Procedures). The Director may grant administrative Site Plan and Architectural Review for minor additions or modifications to existing buildings and /or site features. 9.2 SPAR Findings: All new development or changes to the exterior of existing structures or site features shall, in addition to the findings required by IZO §24.010(G)(1), also be found to be substantially consistent with the building form, materials and architectural style of existing buildings at the Petaluma Marina. Page 15 C °— (Lk 10.0 Existing Structures 10.1 Permitted: The Marina PCD amends and restates the prior actions referenced in Section 3.3 above, and the Marina PCD is not intended to make any existing structure legal non - conforming. Notwithstanding anything to the contrary in the Marina PCD, any structure existing in the PCD on the effective date of the Marina PCD shall be deemed permitted under the Marina PCD. Page 16 ,s--(5 EXHIBIT "A" MARINA PLANNED COMMERCIAL DISTRICT LEGEND PARCEL BOUNDARY LINE EXISTING PCD BOUNDARY LINE PARCEL / SITE INFORMATION �KEVIGGE HIGHWAY � a> a ADDRESS OWNERSHIP A 005- 060 -072 m° 79 0 CITY OF PETALUMA B 005- 060 -085 PARCEL H PETALUMA MARINA OWNERS ASSSOC. PARCEL J s5 005 - 060 -070 as CITY OF PETALUMA D 005 - 060 -053 775 BAYW00 DRIVE MARINA OFFICE DE LLC E PARCEL A 765 BAYWOOD DRIVE PARCEL B F 005 - 060 -082 72 .o 9'pCF 85 Z Q PETALUMA MARINA INVESTORS LLC 54 `F 005 - 060 -089 Z PETALUMA MARINA INVESTORS LLC 1 005 - 060 -079 799 BAYWOOD DRIVE N J 53 - - - - -- CITY OF PETALUMA K 005 - 060 -059 PQ, STATE OF CALIFORNIA 82 84 PARCEL G 70 PARCEL K 5s PARCEL C LEGEND PARCEL BOUNDARY LINE EXISTING PCD BOUNDARY LINE SITE INFORMATION PARCEL APN ADDRESS OWNERSHIP A 005- 060 -072 - - - -- CITY OF PETALUMA B 005- 060 -085 - - - -- PETALUMA MARINA OWNERS ASSSOC. C 005 - 060 -070 - - - -- CITY OF PETALUMA D 005 - 060 -053 775 BAYW00 DRIVE MARINA OFFICE DE LLC E 005 - 060 -054 765 BAYWOOD DRIVE MARINA OFFICE DE LLC F 005 - 060 -082 755 BAYWOOD DRIVE MARINA OFFICE DE LLC G 005- 060 -084 745 BAYWOOD DRIVE PETALUMA MARINA INVESTORS LLC H 005 - 060 -089 0 MARINA AVENUE PETALUMA MARINA INVESTORS LLC 1 005 - 060 -079 799 BAYWOOD DRIVE MARINA OFFICE PARK ASSOC. J 005- 060 -065 - - - - -- CITY OF PETALUMA K 005 - 060 -059 781 BAYWOOD DRIVE STATE OF CALIFORNIA EXHIBIT "B" LAND USE DISTRICT MAP LEGEND MARINA PCD BOUNDARY PUBLIC MARINA AND OPEN SPACE MARINA SUPPORT DISTRICT ® PARKING COMBINING DISTRICT -- PARCELS z 0 DATE: TO: FROM: REVIEWED BY: SUBJECT: December 22, 2015 Planning Commission Kevin Colin, Senior Planner Heather Hines, Planning Manager ATTACHMENT 7 AGENDA ITEM NO. 9.A Marina Planned Commercial District (PCD) Amendment, Conditional Use Permit, and Site Plan and Architectural Review Marina Apartments Project File# PLSR -14 -0021 RECOMMENDATION It is recommended that the Planning Commission adopt: a) A resolution recommending the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Attachment A); and b) A resolution recommending the City Council approve an amended Marina Planned Commercial District (Attachment B). Additionally, it is recommended that the Planning Commission provide feedback on the Conditional Use Permit and Site Plan and Architectural Review. BACKGROUND Location and Context The Petaluma Marina is an approximate 30.59 -acre area at the southern edge of Petaluma's urbanized area where it transitions into more open and sparsely developed land. The marina is generally bound by the US 101, Petaluma River, Pacific Northwest Railroad, Lakeville Highway, and Alman Marsh. Alman Marsh is 80 acres of pasture /marsh that sits between Shollenberger Park on the south and the Petaluma Marina on the north. It also abuts the Petaluma River. Alman Marsh is a mix of brackish tidal wetlands, fed daily by the river, and degraded pasture uplands containing seasonal freshwater wetlands. Alman Marsh also provides habitat for several threatened and endangered species. The project proposes to locate a new apartment building on a triangular parcel at the Petaluma Marina, adjacent to Lakeville Highway /State Route 116 and the US 101 northbound on- Page 1 -I —( ramp /southbound off -ramp. This site, shown at Figure 1, is the last remaining area of undeveloped land in the marina. Figure 1— Project Location and Surrounding Vicinity. General Plan Sub Area The project site is located in the Lakeville Highway Subarea of the 2025 General Plan. The Lakeville Highway subarea is bounded by Lakeville Highway, the Petaluma River and estuary, Frates Road, Petaluma's Urban Growth Boundary (UGB), and US 101. The subarea's main thoroughfare, Lakeville Highway, is a gateway to Petaluma both from its US 101 interchange, its approach from the county areas on the southeast edge of town, and from communities to the east and south via Highways 116 and 37. A large portion of the subarea consists of marshlands, public trails, and open space along the river, and business and light industrial parks at the southern terminus of McDowell Boulevard South. The Ellis Creek Water Recycling Facility, located on the former Mascorini Ranch, includes the old farm house, trails, and open space. Unincorporated rural lands lie east of Lakeville Highway, which effectively frame the southeast corner of the City. This subarea also contains the Petaluma Marina and the city's largest hotel. Page 2 -1-2— The Lakeville Subarea also contains a residential neighborhood, which enjoys proximity to Shollenberger Park, a large dredge disposal site and wetlands area with trails. With more residential development anticipated in this area, the General Plan envisions creating a cohesive neighborhood with close access to stores and services, as well as connections to the residential areas north of Lakeville Highway. Additionally, the General Plan anticipates infill and redevelopment opportunities to increase employment densities in the Lakeville and Oakmead Northbay Business Parks. O r5 z O r Project .r t vw t ;South East Subarea . y<10� Washington�Core P ✓ r z �9 ,h� 12.r 3r 1. Central Petaluma Spec�f c`` "nPlan �' �+ f 1 a rEl�l r • " :, "' ( s _ Lakeville Highway Subarea r Figure 2 — General Plan SubAreas. Petaluma Marina History The 198 -berth Petaluma Marina was constructed in 1987 with money loaned by the State of California. Just over half of the Marina's berths are usually rented out. As built, the marina accommodates small transferable vessels under 35 feet in length. From the San Pablo Bay, the distance to Petaluma is 14 miles upriver. A trip to the bay can typically exceed two hours. Planned Commercial District The Marina PCD was established by the City Council on February 1, 1988 via Resolution No. 88 -25. This approval established succinct development regulations to be applied to office, retail, commercial, restaurant uses, with a combined maximum floor area of 250,000 square feet and range of 805 to 878 off - street parking spaces. Since original approval, the Marina PCD has been amended, by City Council and the Planning Director, a total of six times ((inl991, 1994, 1995, Page 3 M 1998, 1999 and 2004). A complete summary of these actions, as well as all other related to the establishment of the Marina PCD, is included at Attachment C. The current Marina PCD General Development Plan, adopted via City COouncil Resolution No. 91 -365 N.C.S. and included at Attachment D, is prospective and includes a purpose statement, proposed /allowed uses, maximum building heights, site plan, and building elevation. The General Development Plan's site plan is at Figure 3 below. Figure 3 — Existing Marina PCD — General Development Plan (Site Plan) As mentioned, the project site is the last remaining undeveloped land in the Marina PCD. Under the current regulations, this triangular parcel is envisioned to include up to 10,000 square feet of commercial /restaurant or 30,000 square feet of office uses within a building between two and three stories in height. Residential uses are not permitted. Existing Easements The Petaluma Marina is subject to many easements for access, parking and public utilities. Figure 4 shows the locations of easements abutting the project site. The public access easements may be adjusted but are required to ensure access to State Lands consisting of the open waters of the marina and adjoining boat launch. The utility and access easement spanning the northern Page 4 -1-4 project site boundary may not be relocated since it pertains to a 36 -inch diameter sanitary sewer force main located approximately ten (10) feet below - grade. Figure 4 — Easements Adjacent to Project Site. Surrounding Buildings and Land Uses The proposed apartment building site consists of a triangular area of exposed dirt surrounded by asphalt parking lots. While Lakeville Highway defines the northern boundary of the project site, the following describes other nearby features: • West: an approximate 20 -foot wide level pathway including an alley of ornamental trees extends approximately 1,700 feet to the mouth of the marina. To the immediate west of this pathway is an outfall channel that conveys stormwater flows from residential subdivisions to the north as well as from the US 101. The outfall channel supports a small amount of coastal brackish marsh. • South: a shared parking lot, office building, harbor master office, and office building are immediately south of the project site. Additional office buildings and Petaluma's largest hotel abuts the open waters of the marina. A city -owned parcel at the southeast corner of Page 5 M the marina provides parking, information kiosks, and access to the Alman Marsh. This trail head leads to the Petaluma Marsh trail network. East: a bank (situated within the Marina PCD) is located at the southwest corner of Lakeville Highway / Baywood Drive. Land uses located further east include public storage, a small shopping center with retail, restaurant and indoor recreation, light industrial, and office uses. Access to Petaluma Marina From Lakeville Highway, access to the apartment site (and entire marina) is possible at the following three locations: 1. Lakeville Highway/Marina Avenue: This signalized intersection provides access for westbound and eastbound vehicles. Bus stops for Petaluma Transit Routes 24 and 40 are located on both sides of this intersection. A continuous sidewalk is provided along the south side of Lakeville Highway (in this location) but not along Marina Avenue. 2. Lakeville Highwa/Baywood Drive: This signalized intersection also provides access for westbound and eastbound vehicles. Bus stops for Petaluma Transit Routes 24 and 40 are also located on both sides of this intersection. A continuous sidewalk continues along the south side of Lakeville Highway (in this location) and wraps around Baywood Drive at each property fronting the intersection. Lakeville HighwU/DrivewaX: A right -in, ingress only driveway is located at the northwest corner of the marina. The sidewalk along the south side of Lakeville Highway continues until beneath the US 101 where a signalized intersection provides a crosswalk to a sidewalk along the north side. An existing paved Class I pedestrian/bicycle trail exists to the immediate north of the project site (between the parking lot and Lakeville Highway). That trail begins at the Lakeville Highway/Drive access point described above and terminates at Baywood Drive. This trail is discussed further under the Bicycle and Pedestrian Plan below. Pedestrian and Bicycle Advisory Committee The Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the project at their November 4, 2015 meeting. The PBAC was generally supportive of the project and commented that: (a) access (including signage) should be improved between Lakeville Highway at the Alman Marsh trailhead; and (b) Petaluma Transit Route 24 does not currently pass by the project on Lakeville Highway. The latter point responded to the project's proposal to install a bus stop adjacent to the apartment building (on the south side of Lakeville Highway). However, Public Works has since clarified the long term plan to modify Route 24 such that it would utilize the proposed bus shelter. Concerning improved pedestrian and bicycle access between Lakeville Highway and the Alman Marsh, the PBAC suggested the use of pole- mounted signage and in -road signage. Presently, Page 6 there is no signage at Lakeville Highway or within the marina property alerting the public to the presence of the Alman Marsh trail head. Staff concurs with the PBAC comments but, as explained in the analysis below, has evolved it to implement new Class I bicycle facility. PROJECT DESCRIPTION The proposed project consists of a requested legislative action to amend the Marina PCD development standards in order to accommodate a new residential apartment building. If the requested amendments are approved, a subsequent Conditional Use Permit and Site Plan and Architectural Review request would be acted upon. A description of each component follows below. Marina PCD Amendments The applicant is proposing an amended Marina PCD in a manner that enables construction of the proposed apartment building and which reflects the current built condition of the Petaluma Marina. As approved, the Marina PCD is written prospectively prior to creation of the marina and construction of existing buildings. The existing, approved Marina PCD General Development Plan is included at Attachment D and the proposed Marina PCD is at Attachment E. The proposed PCD seeks to result in the following: (a) a contemporary set of regulations reflecting the existing environmental setting (i.e., Petaluma Marina now exists); (b) consolidation of the original approval and all subsequent amendments into a single document; (c) consistency with the regulatory language and format of the current Implementing Zoning Ordinance; and (d) establishment of land use districts, associated development standards and review processes (i.e., Site Plan and Architectural Review, Conditional Use Permit). All of these changes embody prior City Council actions (e.g., land uses, development standards), except as noted below. Land Use Districts — Two land use districts are proposed — Public Marina and Open Space District and Marina Support District. The purpose in creating these districts is to ensure lands designated Public Marina and Open Space District exclude urban development and, instead, "provide for uses consistent with public trust ownership such as water- related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails." One combining district — Parking Combining District - is also proposed. This district was created to apply to the shared parking lot with the following stated purpose, "To provide an adequate number of unreserved and reserved off - street parking spaces, both privately and publicly owned, to facilitate access to all land uses within the PCD, including the Petaluma Marina." An ancillary purpose of the district is to ensure it is utilized for parking spaces as opposed to additional, new buildings. • Residential Use — Consistent with the applicant's request, the Marina PCD inserts "Dwelling, Multiple" as an allowed use pending issuance of a Conditional Use Permit Page 7 -I--I (CUP). ACUP requirement is recommended in order to ensure residential uses do not proliferate to the detriment of commercial uses dependent upon and supportive of the marina. Development IntensitX — For the proposed apartment site, the amended Marina PCD removes the prior 10,000 to 30,000 square foot and two to three story building limitations and instead enacts a single maximum building height limitation of five (5) stories and sixty -eight (68) feet. • Public Access Parking — As proposed, the Marina PCD creates new reserved parking spaces for public access. Nearby the boat launch, twenty (20) double - length spaces would be marked as reserved for boaters. That reservation is made in light of the newly codified shared parking program below. • Shared Parking — The current Marina PCD excludes off - street parking space standards per use and, instead, assumes a shared parking scenario. The proposed Marina PCD retains the shared parking approach but: (a) sets a minimum number of shared parking spaces to be available at all times (i.e., 762); (b) reserves eighty (80) parking spaces for the new apartment building; and (c) reserves twenty (20) spaces for boaters. Site Plan The proposed project locates a new L- shaped building, five- stories in height, upon an existing unpaved area at the northeast corner of the Petaluma Marina. (See Figure 5 below for site plan.) Surface parking spaces surrounding the new building are already paved and striped. The project includes a proposal to construct carports for eighty (80) spaces to the immediate north and south of the new building. An unenclosed courtyard for residents is located at the north building elevation. The project would connect the existing Class I trail immediately north of the new building to an existing sidewalk on the west side of Baywood Drive. Architecture The proposed building includes design elements reflective of existing buildings at the Petaluma Marina. These include building material (i.e., lap siding), steeply pitched hipped and gable roofs, standing metal seem roof material, regular fenestration patterns, and white color. The proposed buildings height is five stories and 65 -feet measured to the mid -point of tallest roof element. Building- mounted arbors accent building corners. Sheets A1.02 through A1.05 and A5.00 at Attachment F illustrate each building elevation. A rendering is included below at Figure 6. Access Pedestrian access to the building would be from a common lobby at the far - eastern portion of the building. Two additional points of emergency egress are provided at the north and south elevation. Access to each dwelling unit would be through an internal corridor. Elevator access is provided to floor two through five. Outside the building, sidewalks would line the perimeter with new crosswalks provided to the west and east of the building. Vehicular access to the project would occur through the existing means described above. Page 8 Figure 5 — Proposed Site Plan. Shared Parking As mentioned above, the current Marina PCD excludes off - street parking space standards per use and, instead, assumes a shared parking scenario. The proposed Marina PCD retains the shared parking approach but: (a) sets a minimum number of shared parking spaces to be available at all times (i.e., 762); (b) reserves eighty (80) parking spaces for the new apartment building; and (c) reserves twenty (20) spaces for boaters. In support of the applicant's request to reserve eighty (80) spaces for apartment residents, a shared parking analysis prepared by W -Trans was provided (see Attachment G). That analysis supports the applicant's request, as follows: Parking demand for the entire Petaluma Marina site, including the proposed apartment project, would be highest on weekdays at 2:00 PM with a total projected usage of 802 spaces. This translates to a peak usage of 93 percent and would leave approximately 59 shared parking spaces unoccupied. The peak parking demand on weekend would be substantially lower, with a total usage of 461 spaces at noon, translating to a peak parking usage of 54 percent. Page 9 • The parking demand generated by the apartments would be lowest when overall site -wide demand is highest (and vice versa). These opposing parking demand patterns result in shared parking efficiencies. • With the use of shared parking and recommended site plan modifications, the parking demand generated by the proposed project can be accommodated within the available parking supply. • As proposed by the applicants, the CC &Rs for the Marina PCD will need to be updated to reflect the parking recommendations contained in this analysis. Staff concurs with this analysis including the conclusion that at least twenty (20) vehicular /trailer parking spaces should be provided to accommodate boat ramp and associated marina uses. That recommendation is included in the proposed Marina PCD Amendment. Figure 6 — Proposed South Elevation (Facing Lakeville Street). Landscaping The proposed landscape plan includes plant materials consisting of trees, shrubs, grasses, groundcovers and vines. Landscaping is proposed along the building perimeter, within the proposed courtyard, and at landscape planters in the parking lot. Evergreen and deciduous trees are proposed. A trellis with vines and grass plantings would line the carport abutting Lakeville Highway. Page 10 DISCUSSION General Plan Land Use Map The project site has a General Plan land use designation of Mixed Use. As shown in Figure 7 below, the Mixed Use designation also applies to properties south of Lakeville Street/Highway, on both sides of US 101. The Mixed Use designation requires a robust combination of uses, including retail, residential, service commercial, and /or offices. Development is oriented toward the pedestrian, with parking provided, to the extent possible, in larger common areas or garages. Maximum FAR including both residential and non - residential uses is 2.5, and maximum residential density is 30 dwelling units /acre. Petaluma General Plan 2025 LAND USE CLASSIFICATIONS' Rural Residential (0.1 -0.6 hWao) Very Low Density Residential (0.0 -25 Wee) WN Density Resklential (2.".0 Wool s. Diverse Low Density Residential (6,1 -12.0 Wool Medium Density Residential (8.1 -18.0 hWac) High Density Residential (18.1 -30.0 hulas) Mobile Homes (8.018.0 hWac) ® Nelghborhood Commercial - Community Conurrxrcial Mixed Use Business Park PublicJS @ml- Public Edueadon r—ffl§gf industrial Agriculture Support Industrial (CPSP) - River Dependent industrial (CPSP) Agrikulture City Park Proposed City Park Open Space Regional Park „:. Urban Separator Urban Separator Path River Plan Corridor Figure 7 — General Plan Designations. Policies General Plan policies below apply to the proposed project both by nature of the project's location within the Lakeville Highway Subarea. Policies at General Plan Chapter 3 (Historic Preservation), Chapter 7 (Community Facilities, Services and Education) and Chapter 9 (Economic Health & Sustainability) are not applicable to the project. Chapterl : Land Use, Growth Management, & the Built Environment Policy 1 -P -1 Promote a range of land uses at densities and intensities to serve the community needs within the Urban Growth Boundary (UGB). Page 11 M Policy 1 -P -2 Use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. Policy 1 -P -11 Allow land use intensification at strategic locations along the arterial corridors leading to Downtown and Central Petaluma, including aging commercial and industrial sites. Policy 1 -P -27 Encourage innovative site and building design to address parking solutions such as shared, structured, and /or underground facilities. Chapter 2: Community Design, Character, and Green Building Policy 2 -P -5 Strengthen the visual and aesthetic character of major arterial corridors. Policy 2 -P -11 Encourage and support the rehabilitation and development of buildings and structures reflective of the history of Petaluma's rich agricultural and river oriented industrial past and present. Goal 2-G-5 (Lakeville Highway) Enhance the connectivity across and between all land uses along the Lakeville Highway to minimize the barrier it creates by presence, design and vehicular speed. Policy 2 -P -27 Enable opportunities for a variety of synergistic and compatible uses adjacent to the Petaluma Marina. Policy 2 -P -30 Encourage new development between the Marina and Lakeville Highway to be compatible and synergistic with the Marina complex. Policy 2 -P -31 Enhance ecological diversity, education, and enhancements along the Petaluma River and Estuary. Chapter 4: The Natural Environment Policy 4 -P -9 Require a percentage of parking spaces in large parking lots or garages to provide electrical vehicle charging facilities. Policy 4 -P -19 Encourage use and development of renewable or nontraditional sources of energy. Chapter 5: Mobility Policy 5 -P -4 New development and /or major expansion or change of use may require construction of off -site mobility improvements to complete appropriate links in the network necessary for connecting the proposed development with existing neighborhoods and land uses. Policy 5 -P -10 Maintain an intersection level of service (LOS) standard for motor vehicle circulation that ensures efficient traffic flow and supports multi -modal Page 12 mobility goals. LOS should be maintained at Level D or better for motor vehicles due to traffic from any development project. Policy 5 -P -15 Implement the bikeway system as outlined in the Bicycle and Pedestrian Plan, and expand and improve the bikeway system wherever the opportunity arises. Policy 5 -P -20 Ensure that new development provides connections to and does not interfere with existing and proposed bicycle facilities. Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing neighborhoods and require a well- connected pedestrian network linking new and existing developments to adjacent land uses. Policy 5 -P -23 Require the provision of pedestrian site access for all new development. Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct off - street bicycle and pedestrian travel. At the minimum, Class I standards shall be applied unless otherwise specified. Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along the parcel line of adjoining properties to provide separation from parking lots and buildings; design connections as Class I facilities. Policy 5 -P -30 Require all new development abutting any public trail to provide access to the trail. Policy 5 -P -31 Make bicycling and walking more desirable by providing or requiring development to provide necessary support facilities throughout the city. Chapter 6: Recreation, Music, & the Arts Policy 6 -P -18 Development that occurs adjacent to designated trails and pathway corridors shall be required to install and maintain the publicly owned and accessible trail, in perpetuity. Chapter 8: Water Resources Policy 8 -P -38 All development activities shall be constructed and maintained in accordance with Phase 2 National Pollutant Discharge Elimination System (NPDES) permit requirements. Policy 8 -P -39 Consider, to the extent practicable, requiring sustainable site design practices as outlined in the `Sustainable Site Planning' text box contained herein. Chapter 10: Health & Safety Policy 10 -P -3 Protect public health and welfare by eliminating or minimizing the effects of existing noise problems, and by minimizing the increase of noise levels in the Page 13 -1-c future. Chapter 11: Housing Policy 1.1 Utilize sites within the UGB to accommodate anticipated long -term residential growth. Policy 1.2 Encourage the development of housing on underutilized land that is appropriately zoned. Policy 2.1 Encourage a mix of housing design types. Bicycle and Pedestrian Plan The Bicycle and Pedestrian Plan, approved May 2008, is a component of the Petaluma General Plan. The Bicycle and Pedestrian Plan includes goals, policies and programs to guide the implementation of a pedestrian- and bicycle - friendly community by means of complete streets, infrastructure improvement, and transportation planning. A number of existing and planned bicycle and pedestrian trails exist in the proposed project's immediate vicinity. Figure 8 below identifies the General Plan's Proposed and Existing Bicycle Facilities. BICYCLE FACILITIES + Existing Bike Rack Location o Proposed Bike Rack Location — Class I - Off Street - Existing ...... Class I. Off Street - Proposed Class II - On Street, Striped - Existing ...... Class II - On Street, Striped - Proposed Class III - On Street, Signed - Existing ...... Class III - On Street, Signed - Proposed - R- Recreational Trail, Existing Recreational Trail - Proposed COMMON DESTINATIONS School Retaii/Employment Park Open Space BOUNDARIES r City Limits y Urban Growth Boundary (UGB) 61 l Rivers and Creeks IM Figure 8 — Proposed and Existing Bicycle Facilities in Project Vicinity. The planned Class I bicycle facility along the northern boundary of the Petaluma Marina consists of a former railroad right -of -way now owned by the City of Petaluma. That same planned facility continues as former railroad right -of -way, east of Marina Avenue, on a route past Rocky Page 14 Memorial Dog Park and terminating at Technology Lane. There is presently no funded capital improvement project for this planned facility. Between Baywood Drive and Marina Avenue, the former railroad right -of -way is level, highly disturbed (e.g., trash, ruderal vegetation), and abuts the rear wall of a personal storage business (see Figure 9 below). East of Marina Avenue, the area transitions into more varied terrain along the eastern boundary of the Alman Marsh where natural wetland habitat becomes prevalent and urban stormwater drainage discharges (see Figure 10 below). Figure 9 — Planned Class I Bicycle Facility at Petaluma Marina (Looking West). Figure 10 — Planned Class I Bicycle Facility East of Marina Avenue (Looking North). Page 15 `i"( � The Bicycle and Pedestrian Plan identifies a proposed Recreational Trail at the eastern boundary between the Petaluma Marina and Alman Marsh. The northern terminus of this trail is shown at Figure 10 above and illustrates the proximity of existing asphalt parking spaces and an open water channel. Implementing Zoning Ordinance As mentioned above, the project site is zoned Marina PCD. Zoning Map designations for the project site and nearby parcels are shown at Figure 11 below. Designations south of the project site are Open Space -Park (OSP); those to the north and east are Commercial 1 (Cl), Commercial 2 (C2), and Mixed Use 113 (MU1B). The hatched overlay at Figure 11 depicts 100 -year floodplain boundaries. PUD (Planned Unit District) R1 (Residential 1) R2 (Residential 2) j R3 (Residential 3) R4 (Residential 4) R5 (Residential 5) CS (Civic Space) T-4 (Urban General) T3 (Urban Center) T-5 (Urban Core) i D-1 (HAS. Distdcq D4 (Railroad District) D3 (R.W. District) DA (Throughfare District) Cl NM (Commercial 1) C2 (Commercial 2) CF (Civic Facility) - (Floodway) I (industrial) MH (Mobile Home) MUtA (Mixed Use 1A) - MUIB (Mixed Use 1B) L:@ MU 10 (Mixed Use 1C) - MU2 (Mixed Use 2) OSP (Open Spa —Park) PCD (Planned Community Dew f)4P _J[ Project ,tz r. t t AKEV 1 Y ' C'' u Figure 11— Zoning for Project Site and Surrounding Vicinity. STAFF ANALYSIS PCD Amendment The proposed PCD Amendment and scope of the Planning Commission's review is subject to the provisions of IZO Chapter 19.030 (Findings). The proposed PCD Amendment may be approved by the City Council upon recommendation of the Planning Commission. In recommending 'the approval, or modification, of said PCD, the Commission must find that said PCD, or modification thereof, clearly results in a more desirable use of land and a better physical environment than would be possible under any single zoning district or combination of zoning districts, and in addition to such general findings, the Planning Commission and City Council shall make the following specific findings (staff analysis in italics): Page 16 1. That any P.U.D., or modification of a P.C.D., is proposed on property which has a suitable relationship to one (1) or more thoroughfares, and that said thoroughfares are adequate to carry any additional traffic generated by the development. The Traffic Impact Study prepared for the project demonstrates that affected thoroughfares are adequate to carry traffic generated by the project. For existing, baseline and future conditions including the proposed project, study intersections would either operate at LOS D or better or, for those estimated to operate at LOS E, the project's incremental contribution of vehicular trips is below the General Plan EIR's threshold to be considered a significant effect. The proposed project is subject to the mandatory payment of traffic impacts mitigation fees which, at eighty (80) multiple family dwellings), is estimated to be $902,720. Payment of that fee is substantially more than would be required under the current Marina PCD and would be applied towards planned transportation improvement projects. For these reasons, the project does have a suitable relationship to thoroughfares and they are adequate to carry the additional traffic generated by the project. 2. That the plan, or modification thereof, for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and /or screening is included if necessary to insure compatibility. The project concerns an existing building site identified by the existing Marina PCD. The project would modem the planned buildingfor this location by making it taller (i.e., from 2 to 3 stories up to 5 stories) and of a residential use. Existing parking and major landscaping features of the Marina PCD have already been installed and would be unaltered by the project. The proposed location of residential uses is sufficiently removed from existing commercial uses to prevent incompatibility. Most existing commercial uses, including the Sheraton hotel, are primarily accessible from and interact with the east building elevation and abutting parking lot. The closest commercial building facing the proposed apartments is located approximately 250 feet to the south and includes ground -level offices, recreational equipment rental, and a coffee shop. Concerning public use of the Petaluma Marina, twenty (20) parking spaces would be adjacent to the proposed apartment building and signed for exclusive use by boaters. This ensures the public's continued use of the marina (and Petaluma River) and an appropriate relationship between uses. Additionally, the submitted shared parking study demonstrates the reservation of parking eighty (80) parking spaces for apartment residents will not discourage public use of the marina nor employee and customer access to existing commercial uses. 3. That the natural and scenic qualities of the site are protected, with adequate available public and private spaces designated on the Unit Development Plan or General Development Plan. The project concerns a site within an existing asphalt parking lot and, therefore, would not be located on natural habitat areas. The project is located nearby an open water channel Page 17 -� kl that leads to the Petaluma River but would not alter any of the ornamental and natural vegetation present there. The project would result in the development of a new structure that would be highly visible from public vantage points but would not obstruct scenic vistas identified by the General Plan 2025 EIR. The project is not located near any General Plan EIR identified vistas and would not be visible from the Washington Street overpass, McNear Peninsula or Rocky Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or other important vistas such as open space. The project's location is intended for a building rather than public open space. Existing public open space at and around the Petaluma marina would be unaltered by the project. Submitted architectural plans indicate the project can accommodate adequate private (i.e., balconies) and shared open space (i. e., courtyard). For all the reasons above, the project would protect the natural and scenic qualities of its site, and adequate available public and private spaces are designated, where existing, and feasible, where applicable. 4. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the zoning regulations of the City of Petaluma, with the Petaluma General Plan, and with any applicable plans adopted by the City. The project would result in more robust combination of mixed uses, as contemplated by the General Plan's Land Use Map Mixed Use designation, and occur at a location within Petaluma's Urban Growth Boundary (UGB). The project is below the maximum floor -area- ratio permitted by the General Plan and, with the implementation of Mitigation Measure LU 1, will also comply with the permitted maximum residential density. General Plan Policy 2 -P -27 directs that, "Enable opportunities for a variety of synergistic and compatible uses adjacent to the Petaluma Marina, " and Policy 2 -P -30, states, "Encourage new development between the Marina and Lakeville Highway to be compatible and synergistic with the Marina complex" The project would result in a greater variety of uses at the Petaluma Marina and, at this particular location and configuration of circulation and parking features, would not result in an incompatibility. The project's residential use may result in a complementary relationship by providing increased patronage of existing commercial uses. However, concerning the topic of circulation, the project falls short of sufficiently advancing several policies pertaining to pedestrian and bicycle facilities. For the General Plan's Lakeville Highway Subarea, Goal 2 -G -5 states, "Enhance the connectivity across and between all land uses along the Lakeville Highway to minimize the barrier it creates by presence, design and vehicular speed " The planned Class I bicycle facility abutting the northern boundary of the Petaluma Marina presents an obvious opportunity to enhance connectivity and, as Policy 5 -P -4 directs, "New development and /or major expansion or Page 18 change of use may require construction of off-site mobility improvements to complete appropriate links in the network necessary for connecting the proposed development with existing neighborhoods and land uses. " Many other additional General Plan policies apply in this instance and state, as follows: Policy 5-P -15 Implement the bikeway system as outlined in the Bicycle and Pedestrian Plan, and expand and improve the bikeway system wherever the opportunity arises. Policy 5-P -20 Ensure that new development provides connections to and does not interfere with existing and proposed bicycle facilities. Policy 5-P -22 Preserve and enhance pedestrian connectivity in existing neighborhoods and require a well- connected pedestrian network linking new and existing developments to adjacent land uses. Policy 5-P -25 Establish a network of multi -use trails to facilitate safe and direct off - street bicycle and pedestrian travel. At the minimum, Class I standards shall be applied unless otherwise _specified. Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along the parcel line of adjoining properties to provide separation from parking lots and buildings; design connections as Class I facilities. Policy 5 -P -30 Require all new development abutting any public trail to provide access to the trail. Policy 5 -P -31 Make bicycling and walking more desirable by providing or requiring development to provide necessary support facilities throughout the city. Given the legislative aspect of the project and resulting substantial change and increase in land use intensity, staff recommends the project should include: (a) the installation of a Class I bicycle facility between Baywood Drive and Marina Avenue; and (b) dedication of a public access easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005- 060 -066). With the inclusion of those planned facilities, the proposed project will be in the best interests of the City and in keeping with the general intent and spirit of the General Plan. Actions Post - Marina PCD Amendment Approval Should the Unit Development Plan Amendment request ultimately be approved by City Council, the design details (i.e., site and building) of the project would be subject to Site Plan and Architectural Review (SPAR) and Conditional Use Permit review by the Planning Commission. Page 19 -7 -1c( Site Plan and Architectural Review The Commission is invited to provide preliminary feedback on the project's design details including how they relate to the following findings required to grant SPAR approval. 1. The project proposes appropriate use of quality materials and harmony and proportion of the overall design. 2. The architectural style should be appropriate for the project in question, and compatible with the overall character of the neighborhood. 3. The siting of the structure on the property is compatible with the siting of other structures in the immediate neighborhood. 4. The size, location, design, color, number, lighting, and materials of all signs and outdoor advertising structures. 5. The bulls, height, and color of the proposed structures are consistent with the bulk, height, and color of other structures in the immediate neighborhood. 6. Landscaping, to approved City standards, shall be required on the site and shall be in keeping with the character or design of the site. Existing trees shall be preserved wherever possible, and shall not be removed unless approved by the Planning Commission. 7. Ingress, egress, internal circulation for bicycles and automobiles, off - street automobiles and bicycle parking facilities and pedestrian ways shall be so designed as to promote safety and convenience, and shall conform to approved City standards. Any plans pertaining to pedestrian, bicycle, or automobile circulation shall be routed to the PBAC for review and approval or recommendation. The Commission is also invited to provide preliminary feedback on the project's use aspects including how they relate to the following findings required to grant Conditional Use Permit approval. 1. The siting of the building or use, and in particular: a. The adequacy of the site to accommodate the proposed use or building and all related activities. b. The location and possible screening of all outdoor activities. c. The relation of the proposed building or use to any adjoining building with particular attention to protection of outlook, light, air, and peace and quiet. d. The location and character of any display of goods and services and the size, nature, and lighting of any signs. Page 20 -7-2--o e. The intensity of activity 2. Traffic circulation and parking, and in particular: a. a. The type of street serving the proposed use in relation to the amount of traffic expected to be generated. b. The adequacy, convenience, and safety of provisions for vehicular access and parking, including the location of driveway entrance and exits. c. The amount, timing, and nature of any associated truck traffic. 3. The compatibility of the proposed building or use with its environment, and in particular: a. a. The number of customers or users and the suitability of the resulting activity level to the surrounding uses and especially to any neighboring uses of unusual public importance such as schools, libraries, playgrounds, churches, and hospitals. b. b. Hours of operation. c. c. Adequacy of provisions for the control of any off -site effects such as noise, dust, odors, light, or glare, etc. d. d. Adequacy of provisions for protection of the public against any special hazards arising from the intended use. e. e. The proportion of total space utilized. 4. The expected duration of the proposed building, whether temporary or permanent, and the setting of time limits when appropriate. 5. The degree to which the location of the particular use in the particular location can be considered a matter of public convenience and necessity. PUBLIC COMMENT A notice of public hearing was published in the Argus Courier on November 19, 2015, and mailed to all property owners and occupants within 1,500 feet of the subject property. That notice was provided thirty (30) days in advance of the public hearing since it also include the public notice pertaining to the Initial Study/Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA). No comments on the project have been received to date. ENVIRONMENTAL REVIEW In accordance with the CEQA, an Initial Study was prepared by staff to address the project's Page 21 potential effects on the environment (Attachment E). The Initial Study does not identify any significant environmental effects. For all potentially significant effects, mitigation measures reducing their severity to a less than significant level have been incorporated into the project and agreed to by the applicant. Therefore, a Mitigated Negative Declaration (MND) was prepared rather than an Environmental Impact Report (EIR). The Initial Study and MND were circulated for a thirty (30) public review period between November 19, 2015 and December 19, 2015. The MND is included at Attachment H. ATTACHMENTS Attachment A: Resolution for CEQA Adoption Attachment B: Resolution for Recommending PCD Amendment Approval Attachment C: Marina PCD History Attachment D: Existing Marina PCD General Development Plan Attachment E: Proposed Marina PCD Attachment F: Apartment Building Plans Attachment G: Shared Parking Study Attachment H: Initial Study/Mitigated Negative Declaration Page 22 °� http://potaluma.granic-us.com/Min-utosViewer.php?view—id-3 I &clip_.,, CITY OF PETALUMA, CALIFORNIA ,rJ REGULAR MEETING OF THE PLANNING k `= COMMISSION AND - HISTORIC AND CULTURAL PRESERVATION COMMITTEE City Hall Council Chambers 11 EnglishStreet Petaluma, CA 94952 MINUTES Tuesday, December 22, 2015 1. CALL TO ORDER (07:00 PM) Chair Lin 2. ROLL CALL PRESENT.BIII Wolpert, Jocelyn Yeh Lin, Richard Marzo, Council Member Teresa Barrett, and Kit Schlich. ABSENT. Diana Gomez, Gina Benedetti- Petnic, anvd Jennifer Pierre. EXCUSED. Terry Kosewic. Chair Lin Eric Danly, City Attorney HCPC Committee member Kosewic has recused himself from the meeting due to proximity of property owned and the project site. Heather Hines, Planning Manager Commissioner Wolpert Mr. Danly 3. PUBLIC COMMENT The Committee will hear public comments only on matters over which it has jurisdiction. There will -be no Committee /Commission discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. 1 of 10 3/21/2016 3:37 PM http:// petaluma. granicus. com /MinutesViewer.plip ?view_id =31 &clip_... Chair Lin 4. COMMITTEE COMMENT A. Council Liaison - Teresa Barrett Council member Barrett Council member Barrett reported on the December 7th City Council meeting. The Council extended the use of recycled water to agricultural users outside of the City and voted to strengthen the water conservation regulations to more closely align with the State standards. They also voted to change traffic development impact fees. B. Pedestrian and Bicycle Committee - Jocelyn Lin No report was made. C. Tree Advisory Committee - Gina Benedetti - Petnic No report was made. D. Other Committee Comment 5. STAFF COMMENT A. Planning Manager's Report Ms. Hines reported that a new master sign program for Deer Creek Village will be on the agenda for the first meeting in January. Chair Lin 6. COMMUNICATIONS A. None. 7. APPROVAL OF MINUTES A. Approval of Minutes of Planning Commission Meeting of Tuesday, December 08, 2015 . Chair Lin The 12/8115 meeting minutes were approved without changes. 8. HCPC NEW BUSINESS 2 of 10 3/21/2016 3:37 PM http : / /potaluma.granicus. con /MinutesViewer.php ?view_id =31 &clip_.,. A. Burdell Building - Historic Site Plan and Architectural Review to construct a new three -story multi - family building including fifteen units and modifications to the site plan and existing Burdell Building (local historic landmark) at 405 East D Street. Also includes a Conditional Use Permit to allow multi - family dwelling units in the MU1A Zone. Project Location: 405 East D Street File Number: PLSR -14 -0031 Staff: Kevin Colin, Senior Planner Adjourn HCPC meeting Call to order Planning Commission meeting Burdell Staff Report `=b, Attachment A - Burdell Ordinance t Attachment B - Burdell Plans ' t Chair Lin Kevin Colin, Senior Planner Chair Lin David Martin, owner of Burdell building Sandy Reed, ZAC Landscape Architects Church Hildreth, ADR Architect Council member Barrett Mr. Hildreth Ms. Reed Mr. Hildreth Ms. Reed Mr. Hildreth Chair Lin Amanda Giacomini, family home on Wilson Street requested changes to the proposal. She was concerned about the loss of view created by the Burdell building and obstruction of sunlight. She feels there would be a loss of privacy and noise due to the building height. She stated that the current designs feel unattractive and would like to see a design more suitable for historical neighborhood. Nicholas Giacomini, family home on Wilson Street. He believes that the Burdell building is beautiful and would hate to see a proposed - project that will create more traffic, noise and chaos on D Street. Marina Beebe, Petaluma resident, stated that after looking at the back view of condos, she believes the project is a fusion between a motel and a prison. Kathy Hartzell, friend of the Giacomini family, and interested in historic preservation. She believes that this project is an opportunity to show pride and respect of the neighbors and believes it could provide many social benefits for the community. She would like to see the developer guide the project to protect the `j —Xl� 3 of 10 3/21/2016 3:37 PM values of neighborhood. Chair Lin Commissioner Wolpert Mr. Colin Commissioner Wolpert Mr. Colin Chair Lin Ms, Hines Commissioner Wolpert Ms. Hines Commissioner Wolpert Ms. Hines Commissioner Wolpert Mr. Colin Commissioner Wolpert Ms. Reed Commissioner Wolpert Mr. Hildreth Commissioner Wolpert Mr. Hildreth Commissioner Wolpert Chair Lin Council member Barrett Mr. Hildreth Council member Barrett Mr. Hildreth Council member Barrett Mr. Hildreth Council member Barrett Mr. Hildreth Council member Barrett Mr. Hildreth Council member Barrett Ms. Reed Council member Barrett Ms, Reed Mr. Hildreth Ms. Hines Commissioner Wolpert Mr. Colin Commissioner Wolpert, Mr, Colin Commissioner Marzo Mr. Colin Commissioner Marzo Mr. Colin Commissioner Marzo Mr. Colin http:// petaluma, granicus, com /1\4inutesViewer.php ?view_id -31 —A 4 of 10 3/21/2016 3:37 PM littp://petaluma.granicus.com/MinutesViewer.php?view—id=3 I &clip_... Commissioner Marzo Ms. Hines Mr. Colin Ms. Hines Chair Lin Commissioner Wolpert Chair Lin Mr. Colin Chair Lin Ms. Hines Chair Lin Ms. Hines Chair Lin Mr. Colin Chair Lin Mr. Colin Chair Lin Mr. Colin Chair Lin Mr. Colin Chair Lin HCPC Committee member Schlich Mr. Colin HCPC Committee member Schlich Mr. Colin HCPC Committee member Schlich Mr. Colin Chair Lin Council member Barrett Chair Lin Council member Barrett Commissioner Marzo Chair Lin Commissioner Wolpert HCPC Committee member Schlich Chair Lin Ms. Hines Chair Lin Council member Barrett Chair Lin Ms. Hines Chair Lin Motion to Continue to a date uncertain the Historic Site Plan and Architectural Review and Conditional Use Permit for the Burdell project located at 405 East D Street with provided feedback, made by Jocelyn Yeh Lin, seconded by Council Member Teresa Barrett. Vote: Motion carried 4 - 0. - XI 5 of 10 3/21/2016 3:37 PM http:// petaluma .granicus,com /MinutesViewer.php ?view id =31 &clip_... Yes: Bill Wolpert, Jocelyn Yeh Lin, Richard Marzo, and Council Member Teresa Barrett. Absent: Diana Gomez, Gina Benedetti - Petnic, and Jennifer Pierre. 9. PLANNING COMMISSION NEW BUSINESS A. Marina Drive Apartments - Amendment of the existing Petaluma Marina Planned Community District, Site Plan and Architectural Review to construct an 80 -unit apartment building, and Conditional Use Permit to allow multi - family dwelling units in the Marina PCD. Project Location: 0 Marina Drive at the Petaluma Marina File Number: PLMA -15 -0004 Staff: Kevin Colin, Senior Planner Marina. Staff Report { == Attachment A - CEQA Resolution Attachment B - PCD Amendment Attachment C - Marina PCD History Attachment D - Existing Marina PCD Attachment E - Proposed Marina PCD cab Attachment F - Marina Apts Plans =� Attachment G - Shared Parking Study `4� Attachment H - Marina IS MND z�zb Kevin Colin, Senior Planner Chair Lin Council member Barrett Mr, Colin Council member Barrett Mr, Colin Chair Lin Mr. Colin Commissioner Wolpert Council member Barrett Mr. Colin Commissioner Wolpert Mr. Colin Commissioner Wolpert Council member Barrett 6 of 10 3/21/2016 3:37 PM http://petatuma.granicus.com/MinutesViewer.php?view—id=3 I &clip_... Mr. Colin Ms. Hines Mr. Colin Chair Lin Mr. Colin Curt Bates,-City Engineer Chair Lin Mr. Bates Chair Lin Mr. Bates Mr. Colin Mr. Bates Chair Lin Mr. Bates Chair Lin Mr. Bates Chair Lin Mr. Bates Ms. Hines Mr. Bates Chair Lin Mr. Colin Commissioner Marzo Mr. Colin Council member Barrett Mr. Colin Commissioner Marzo Mr. Colin Chair Lin Mr. Colin Chair Lin Mr. Colin Chair Lin Frank Marinello, Basin Street Properties Paul Andronico, Basin Street Properties Chair Lin Council member Barrett Jon Ennis, BDE Architecture Council member Barrett Mr. Ennis Council member Barrett Mr. Ennis Steven Lafranchi, SJLA, Inc. Council member Barrett Mr. Lafranchi Council member Barrett Mr. Lafranchi Council member Barrett 7 of 10 3/21/2016 3:37 PM Chair Lin Mr. Colin Chair Lin Mr. Colin Chair Lin Mr. Danly Chair Lin Mr. Danly Chair Lin Mr. Danly Chair Lin Mr. Danly Chair Lin Mr. Danly Chair Lin Mr. Danly Mr. Bates 'Chair Lin Commissioner Wolpert Mr. Colin Commissioner Wolpert Mr. Colin Commissioner Wolpert Mr. Colin Commissioner Wolpert Mr. Colin Commissioner Wolpert Mr. Colin Mr. Danly Commissioner Wolpert Mr. Danly Mr. Colin Mr. Danly Commissioner Wolpert Mr. Colin Mr. Danly Commissioner Wolpert Mr. Colin Commissioner Wolpert Mr. Colin Council member Barrett Mr. Colin Commissioner Wolpert Mr. Colin Commissioner Wolpert Ms. Hines Mr. Ennis Commissioner Wolpert http://petaluma.granicus.com/MnutesViewer.php?view—id=3 I &clip_... 1,�O 8 of 10 3/21/2016 3:37 PM http://potaluma.granicus.com/MinutesViewer.php?view—id=3 I &clip_... Mr. Ennis Commissioner Wolpert Mr. Ennis Commissioner Wolpert Council member Barrett Mr. Ennis Council member Barrett Mr. Ennis Chair Lin Mr. Colin Chair Lin Mr. Colin Chair Lin Ms. Hines Chair Lin Commissioner Marzo Mr. Colin Commissioner Wolpert Mr. Colin Ms. Hines Commissioner Marzo Mr. Colin Commissioner Marzo Chair Lin Mr. Danly Chair Lin Council member Barrett Commissioner Marzo Chair Lin Commissioner Wolpert Chair Lin Motion to Approve Recommendation to City Council to adopt a Mitigated Negative Declaration for the Marina Drive Apartments located at 0 Marina Drive at the Petaluma Marina made by Richard Marzo, seconded by Bill Wolpert, Vote: Motion carried 3 - 1. Yes: Bill Wolpert, Jocelyn Yeh Lin, and Richard Marzo. No: Council Member Teresa Barrett. Absent: Diana Gomez, Gina Benedetti- Petnic, and Jennifer Pierre. Motion to Approve recommending the City Council amend the existing general development plan for the Petaluma Marina Planned Commercial District to enable construction an 80 -unit apartment building located at the Petaluma Marina. made by Jocelyn Yeh Lin, seconded by Richard Marzo. 9 of 10 3/21/2016 3;37 PM http://petaluma.granicus.com/N4inutesViewer.php?view—id=3 I &clip ... Vote: The motion failed 2 - 2. Yes: Jocelyn Yeh Lin, and Richard Marzo. No: Bill Wolpert, and Council Member Teresa Barrett. Absent: Diana Gomez, Gina Benedetti - Petnic, and Jennifer Pierre. Council member Barrett Chair Lin Council member Barrett Commissioner Wolpert Chair Lin Ms. Hines Chair Lin 10. ADJOURN (10:57 :37) Next Meeting of the Planning Commission scheduled for Tuesday, January 12, 2016. 10 of 10 3/21/2016 3:37 PM GENE RAL,APPLICATION FORM lsa$ ATTACHMENT 8 This form, together with corres1ionding application forms for specific permits, will become the permit document. There is no fee for this form: Type of Application For City Use Only ❑ Conditional Use Permit: Minor / Major Permit No: 2 LAP 'G�— QCD (A' ❑ Fence ❑ Home Occupation Permit Project Name: ty l (W n O A" Pen l ❑ Preliminary Review by Staff Date Permit filed: ❑ SPAR: Minor / Major El Tentative Map: <_4 / >iS lots Date Permit issued; Zoning Amendment: Minor Revision Received by; it\ i3 Other: _p-,t,� ` \' t° ` Approved by (if applicable): Property Information Land Use Information (ask if unsure) Address/Location: � M (7 V I V] Existing Use of Property: Assessor's Parcel No.: General Plan Designation: Property Size: Zoning Designation: Historic Designation: Contact Information Owner: b l-)In td ��1 SAgent; Firm (opt.): Firm (opt): Phone: Phone: Email: Address: Email: Address: Authorization of Agent, Declaration of Accuracy, and Agreement for Inspection (not required for Home Occupation Permit applications) 71 , am the ❑ owner / ❑ agent of the property for which the development or change is proposed. The above information and attached documents are true and accurate to the best of my Imowledge. Z have read and agree with all of the above. Signature of Property Owner or Agent Date I, the owner, hereby ❑ do / ❑ do not authorize the agent to act on my behalf for this project, be notified of all application proceedings, and agree to allow employees or authorized agents of the City of Petaluma to enter upon the subject property, as necessary, to inspect the premises and process this application. Signature of Property Owner Page 1 of 1 General Application Form City of Petaluma Planning Division 11 English Street, Petaluma, CA 94952 Hours: 8 am —12 pm and 1 pm --- 5 pm, Mondays through Thursdays. Closed Fridays, Date Last updated: December 12, 2012 T: (707) 778 -4470 For faster responses, please e -mail us at: petalumaplanning @ci.petaluma. ca.us http:// cityofpetaluma .net/cdd/plantdng.html 44 *6** BASINSTREET PROPERTIES tel 707 795 - 4477 fax 707 795 - 6283 December 29, 2015 Kevin Colin, Senior Planner City of Petaluma 11 English Street Petaluma, CA 94952 Re: Marina Apartments, City File No. PLSR -14 -0021 Dear Mr. Colin: At its regularly scheduled hearing on December 22nd, the Planning Commission voted 3 -1 in favor of a resolution recommending approval by the City Council of a mitigated negative declaration regarding the above - referenced application to amend the General Development Plan for the Petaluma Marina Planned Commercial District (the "Marina PCD "). Shortly thereafter during the same hearing, the Planning Commission deadlocked 2 -2 on a vote to recommend approval by the City Council of the proposed amendment to the Marina PCD. The applicant hereby appeals such decision of the Planning Commission pursuant to Section 24.070 of the City of Petaluma Implementing Zoning Ordinance. The applicant contends that the Planning Commission erred in failing to recommend approval by the City Council of the proposed amendment to the Marina PCD. The applicant seeks approval by the City Council of the proposed amendment to the Marina PCD without the conditions regarding construction of an off-site bike path and dedication of an off -site public access easement on property owned by others. Such conditions are set forth in Section 1 and Section 4 of the draft Resolution of the Planning Commission Recommending the City Council Amend the Approved General Development Plan for the Petaluma Marina Planned Commercial District to Enable Construction of a New Eighty (80) Unit Apartment Building Five (5) Stories in Height at an Existing Parking Lot Abutting Lakeville Highway =All for Property located at the Petaluma Marina, which resolution was considered by the Planning Commission on December 22nd. ' ce 4� A�cAo v-, k co Paul Andronico General Counsel 1383 N. McDowell Blvd., Suite 150 Petaluma, CA 94954 W W W.BASIN- STREET.COM ATTACHMENT 9 RESOLUTION NO, 2015.25 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE MARINA APARTMENTS PROJECT LOCATED AT THE PETALUMA MARINA APN: 005 - 060 -089; 005- 060 -052, -054, -059, -070, 072, -082, -084, and -085 FILE NO: PLZT -15 -0001, PLSR -15 -0011 WHEREAS, Steven Lafranchi of Steven J, Lafranchi & Associates submitted an application to modify the General Development Plan for the Petaluma Marina Planned Commercial District ( "Marina PCD "), on behalf of property owner Petaluma Marina Office Investors, LLC, to list multiple - family dwelling as a permitted use and increase the maximum building height to five (5) stories, all to enable construction of a proposed eighty (80) unit apartment building and other associated site improvements located at the northwest corner of Petaluma Marina at APN 050 - 060 -089 and 005 -060 -072 ( "Project "); and WHEREAS, the submitted application includes a Site Plan and Architectural Review request and, pursuant to the modified Marina PCD General Development Plan, would also include a Conditional Use Permit request - all of which would be acted upon by the Planning Commission at a separate, subsequent public hearing; and WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the Program EIR for the City of Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR) by with the adoption of Resolution No, 2008 -058 N,C,S„ which is incorporated herein by reference; and, WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and, WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines § §15162 and 15163 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and, WHEREAS, on or before November 19, 2015, the City's Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing for a 30 -day public comment period commencing November 19, 2015 and ending December 19, 2015 and a Notice of. Public Hearing to be held on December 22, 2015 before the City of Petaluma Planning Commission, was published and mailed to all residents and property owners within 1,500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, the Planning Commission held duly noticed public hearing on December 22, 2015, at which time all interested parties had the opportunity to be heard; and, WHEREAS, the Planning Commission considered the Project, the MND, the supporting Initial Study, the staff report dated December 22, 2015 analyzing the MND and the Project, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearings; and WHEREAS, the Initial Study applies the BAAQMD's California Environmental Quality Act - Air Quality Guidelines, May 2012, including the BAAQMD thresholds of significance adopted in June 2010. As lead agency Planning Commission Resolution No, 2015 -25 9 — ( Page 1 under CEQA, the City of Petaluma has the discretion to rely upon the BAAQMD CEQA Guidelines and thresholds of significance since they include the best available scientific data and most conservative thresholds available for comparison of the Project's emissions. Comparison of the Project's emissions against these thresholds provides a conservative assessment as the basis for a determination of significance; and, WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the BAAQMD CEQA Guidelines and thresholds of significance, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impact found to be significant and unavoidable in the General Plan 2025 EIR, because of the Project's emissions are below significance thresholds identified; and, WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952, Attention: Kevin Colin; and WHEREAS, while the Initial Study for the Project identified potentially significant impacts, all significant impacts are mitigated to a less than significant level and therefore the Project would not result in any significant impacts to the environment. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS FOLLOWS: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on the its review of the entire record herein, the Planning Commission makes the following findings: 1. The Project is consistent with the Mixed Use General Plan land use designation because the project includes multiple family dwellings, is below the maximum floor area ratio of 2.5, and, with implementation if Mitigation Measure LU -1, is below the maximum residential density of 30.0 housing units per acre. 2. The Project is, for the reasons discussed in the December 22, 2015 Planning Commission staff report, consistent with the following General Plan policies: Policy 1 -P -1 (Development Within UGB); Policy 1- P-2 (Efficient Land Use in UGB); Policy 1 -P -11 (Land Use Intensification); Policy 1 -P -27 (Parking Solutions); Policy 2 -P -5 (Arterial Corridors); Policy 2 -P -11 (River Oriented Development); Goal 2 -G -5 (Lakeville Highway Connectivity); Policy 2 -P -27 (Petaluma Marina - Land Uses); Policy 2 -P -30 (Petaluma Marina - Compatibility). With the Project conditioned to include: (a) the installation of a Class I bicycle facility between Baywood Drive and Marina Avenue at APN 005 - 060 -065; and (b) dedication of a public access easement across the abutting parcel to the south (Le., Assessor Parcel Number 005 - 060 -066); the Commission finds it to be consistent with the following General Plan policies: Policy 5 -P -15 (Expand and Improve Bikeway System); Policy 5 -P -20 (New Development); Policy 5 -P -22 (Pedestrian Connectivity); Policy 5 -P -25 (Multi -Use Trails); Policy 5 -P -27 (Class I Facilities); Policy 5 -P -30 (New Development); and Policy 5 -P -31 (Bicycling and Walking). 3. Pursuant to the analysis in the Initial Study, the Project does not make a cumulatively considerable contribution to the significant and unavoidable cumulative traffic and /or noise impacts identified in the General Plan 2025 EIR because although the Project would contribute vehicle trips to intersections identified in the General Plan EIR as operating at an unacceptable LOS at build -out, the affected intersections have either already been determined to acceptably operate at an LOS E Planning Commission Resolution No, 2015 -25 -� Page 2 or LOS F due to overriding considerations and conflicts with other General Plan policies or the Project's contribution to those intersections are below the threshold established by the General Plan EIR (i.e., cause the LOS to deteriorate to the next lowest level). 4. With regard to noise, the Project is considered to result in an effect that is less than cumulatively considerable because the project excludes new stationary noise sources and its incremental contribution through vehicular trips is insufficient to result in a perceptible change in noise level. C, Based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the Planning Commission finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines, D. The MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952. The Mitigation Monitoring and Reporting Program, included as Exhibit A, is hereby adopted. Implementation of the mitigation measures included therein mitigates or avoids significant environmental effects. ADOPTED this 22nd day of December, 2015, by the following vote: Commission Member Aye No Absent AEstain Councilmember Barrett X Vice Chair Benedetti - Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X J u lyn Li , Chap ATTEST / i - APPROVED TO FORM: He er Hines, Co fission Secretary Eric W. Danly, Ci; y Attorney Planning Commission Resolution No. 2015 -25 q-3 Page 3 Exhibit A City of Petaluma, California Community Development Department \ Planning Division \X s a 11 English Street, Petaluma, CA 94952 Project Name: MARINA DRIVE APARTMENTS File Number: File No. PLZT -15 -0001. PLSR -15 -0011 Address /Location: 0 Marina Avenue, Petaluma, CA (APN: 005 - 060 -089; 005 -060 -052, -054, -059, -070, 072, -082, -084, and -085) 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. CEQA requires that this MMRP be adopted in conjunction with project approval, which relies upon a Mitigated Negative Declaration, The purpose of this MMRP is 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 following table lists each of the mitigation measures adopted by the City in conjunction 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. 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, 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. Planning Commission Resolution No. 2015 -25 q _ i Page 4 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. City inspectors shall ensure that construction activities occur in a manner that is consistent with the approved plans and conditions of approval. MMRP Cheeldist The following table lists each of the mitigation measures adopted by the City in connection with project approval, the timefiame to which the measure applies, the person/agency /permit responsible for implementing the measure, and the status of compliance with the mitigation measure. Planning Commission Resolution No, 2015 -25 �� Page 5 MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF PARTY IMPLEMENTATION ACTIVITY DATE COMPLETED BIOLOGICAL BIO -l: Should tree removal or construction activities commence between Conduct construction in Applicant February 1 and August 31, a pre - construction nesting survey shall be conformance with measures CA Dept. Fish & performed in suitable habitats for avian species within the Study Area to herein. detemune if nests are present If present, an appropriate buffer shall be Wildlife established by a qualified biologist to ensure activities do not result in Notify Planning Division Planning nest abandonment; screens may be employed to reduce any no- and CA Department of Fish Division disturbance buffers under the guidance of the biologist. The biologist & Wildlife in the event of shall monitor activities to ensure the buffer is sufficient to prevent any nest discovery. impacts to these species. Work may continue in areas outside of the buffer zones and resume within the buffer zone once the biologist has confumed young have left the nest or the nest has been naturally predated. BIO -2: The applicant shall install temporary orange exclusion fencing between Conduct construction in Applicant the coastal brackish marsh habitat and the project site for the duration of conformance with measures planning site preparation and construction activities in order to prevent inadvertent herein. disturbance during project related activities. Following completion of Division construction activities, the exclusionary fencing shall be removed. GEOLOGYAND SOILS }.', ;� r = GEO -l: As determined by the City Engineer and/or Chief Building Official, all Incorporate into project Applicant recommendations outlined in the Geotechnical Investigations dated May design and construction public Works 5, 2015 and August 12, 2015 prepared for the subject property by Miller documents. and Utilities Pacific Engineering Group, including but not limited to, site preparation and grading, excavation, seismic design, and foundations system design are herein incorporated by reference and shall be adhered to in order to ensure that appropriate construction measures are incorporated into the design of the project Nothing in this mitigation measure shall preclude the City Engineer and/or Chief Building Official from requiring additional information to determine compliance with applicable standards. 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. Planning Commission Resolution No. 2015 -25 9— G Page 6 MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF PARTY IMPLEMENTATION ACTIVITY DATE COMPLETED 'GREENHOUSE GAS .EMISSIONS GHG -1: In accordance with Section A4.106.8.2 of the 2013 California Green Submittal of construction Applicant Building Standards Code, the project shall provide at least 3% of the documents demonstrating total parking spaces as capable of supporting future electric vehicle compliance with Green Planning supply equipment. Of the spaces and equipment requirements of the Building Standards Code. Division California Green Building Standards Code and as required by City of Petaluma General Plan Policy 4 -P -9, the project shall be constructed to include electrical vehicle charging stations at a ratio of least I% of the total parking spaces. LAND USE LU -1: Achieve a density of not more than 30 -units per acre pursuant to the Submittal of documentation Applicant General Plan Land Use designation of Mixed -Use through any of the demonstrating compliance following means: 1) a lot line adjustment to APN 005- 060 -072 where at with the density provision in Planning least 0.51 acres are added to the subject project site, thereby increasing conformance with the Division the total site acreage to 2.66 acres; 2) a reduction of density from 80 measure herein. units to 64 units, which is the maximum density allowed on a 2.16 acre parcel; 3) a density bonus granted for the provision of including affordable dwelling units onsite; or 4) other acceptable provision. NOISE NOI -1: All apartment units shall be equipped with mechanical ventilation Submittal of design level Applicant systems in order to achieve interior temperature controls without the acoustical analysis including Building need to open windows. Additionally, sound rated windows and doors specifications to achieve the shall be required and design level acoustical analysis shall be performed interior noise standard. Division showing that interior noise levels of 45 -dBA or below are achieved. NOI -2: Construction activities shall comply with the following measures and all Conduct construction in Applicant shall be noted on construction documents: conformance with measures herein. Public Works & 1. Construction Hours/Scheduling: The following are required to limit Utilities construction activities to the portion of the day when the number of Periodic inspections to Department persons in the adjacent sensitive receptors are lowest: occur during construction. a. Construction activities for all phases of construction, including servicing of construction equipment shall only be permitted during the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between 9:00 a.m. to 5:00 p.m. on Saturdays. Construction is Planning Commission Resolution No. 2015-25 Pagel MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF PARTY IMPLEMENTATION ACTIVITY DATE COMPLETED prohibited on Sundays and on all holidays recognized by the City of Petaluma. b. Delivery of materials or equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above. 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 the adjacent homes. Acoustically shield such equipment when it must be located near adjacent residences. 5. Quiet Equipment Selection: Select quiet construction 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. Generators: No generators shall be utilized during nighttime hours (I.e., sunrise to sunset) to power equipment (e.g., security surveillance) when normal construction activities have ceased for the day. All such equipment should be powered through temporary electrical service lines. 8. 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. Planning Commission Resolution No. 2015 -25 q,% Page 8 MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF PARTY IMPLEMENTATION ACTIVITY DATE COMPLETED TRANSPORTATION TRAF -1: In order to maintain sufficient site distance, all landscaping, Incorporate into project Applicant signs, and monuments located in the vicinity of ingress /egress points design and construction shall be maintained such that tree canopies are trimmed to at least seven documents. Public Works & feet above the ground and other landscaping shall be limited to low- Utilities lying vegetation no greater than three feet in height. Any signage, Department inclusive of monument signage along Marina Apartments project frontage, should further be placed such that it does not obstruct or inhibit site distance. TRAF -2: The applicant shall construct an approximately 80 foot Incorporate into project Applicant sidewalk to close the existing gap between the terminus of the existing design and construction Class I facility and existing sidewalk along Baywood Drive. documents. Parks & Recreation Department TRAF -3: The applicant shall install a pedestrian crosswalk along the Incorporate into project Applicant Class I Off Street Path where it intersects with the right -only driveway design and construction at the northwest portion of the project site. documents. Public Works & Utilities Department TRAF -4: he applicant shall construct and/or contribute funds toward Construction specifications Applicant bus stop enhancements at the existing stops at Lakeville submittal or verification that Highway/Baywood Drive at a rate commensurate with the installation fair contributions have been public Works & of one or more transit shelters. made prior to building Utilities permit issuance. Department/I'ran sit Division Planning Commission Resolution No. 2015 -25 R -9 Page 9 ATTACHMENT 10 REVISED ENVIRONMENTAL CHECKLIST AND INITIAL STUDY MARINA DRIVE APARTMENTS Prepared By: City of Petaluma 11 English Street Petaluma, CA 94952 �h 9 '85$ March 7, 2016 1,0-( This page intentionally left blank 10— CITY OF PETALUMA MARINA DRIVE APARTMENTS REVISED CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY Project Title: Marina Drive Apartments Lead Agency: City of Petaluma 11 English Street Petaluma, CA 94952 Contact Person: Kevin Colin, Senior Planner (707) 778 -4314 Project Location: 0 Marina Avenue; 745,755,765,775,781 Baywood Drive Petaluma, CA 94954 APN: 005 - 060 -089; 005 - 060 -052, , -054, -059, -065, -066, -070, - 072, -082, -084, -085 Project Sponsor: Steven Lafranchi & Associates, INC. 140 Second Street, Suite 312 Petaluma, CA 94952 (707) 762 -3122 Property Owners: Petaluma Marina Office Investors, LLC 119 C Street Petaluma, CA 94952 707 - 795 -4477 General Plan Designation: Mixed Use Zoning: Petaluma Marina and Office Complex Planned Commercial District (Marina PCD) Description of project: The project includes the following requested approvals from the City of Petaluma: (1) Petaluma Marina PCD Amendment to list multiple - family dwellings as a permitted use and increase the maximum building height to five stories; (2) Site Plan and Architectural Review (SPAR) to construct an 80 -unit 90 -unit apartment building upon an existing vacant area surrounded by asphalt parking lots; and (3) a Conditional Use Permit pursuant to the PCD amendment allowing multi - family dwelling units. As a condition of the PCD Amendment, the project includes a Class I bike path at APN 005 - 060 -076 from Baywood Drive to Marina Avenue. Surrounding land uses and The project is located at the Petaluma Marina on the south side setting; briefly describe the of Lakeville Highway (SR 116) and to the east of US 101 and the project's surroundings: Petaluma River. The marina includes a hotel, boat launch, boat berths, commercial retail and services uses, and associated parking lots. The US 101 separates the project from western areas of Petaluma. A mixture of commercial, industrial, residential, and public recreation land uses are located to the east of the project, along Lakeville Highway. Other public agencies whose None. approval is required: 1 November 19, 2015 Page 3 of 81 TABLE OF CONTENTS PAGE # 1. OVERVIEW AND BACKGROUND .............................................................................. ..............................5 TABLE 3: BAAQMD GREENHOUSE GAS SCREENING RESULTS .................................................. .............................37 1.1. ENVIRONMENTAL SETTING ...................................................................................... ..............................6 FIGURE 5: PROPOSED SITE PLAN ............................................................................................. .............................11 1.2. PROJECT DESCRIPTION ........................................................................................... ..............................9 TABLE 6: EXISTING HIGHWAY SEGMENT PEAK PERIOD VOLUMES .............................................. .............................64 2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ..................................... .............................13 FIGURE 8: FLOOD INSURANCE RATE MAP ................................................................................. .............................43 3. EVALUATION OF ENVIRONMENTAL IMPACTS ...................................................... .............................14 TABLE 9: EXISTING AND EXISTING PLUS PROJECT PEAK HOUR LEVELS OF SERVICE ................... .............................68 3.1. AESTHETICS .............................................................................................................. .............................14 FIGURE 11: LOS STUDY INTERSECTIONS FOR PROJECT ............................................................ .............................63 3.2. AGRICULTURAL AND FORESTRY RESOURCES ................................................... .............................18 TABLE 12: FUTURE AND FUTURE PLUS PROJECT PEAK HOUR LEVELS OF SERVICE .................... .............................70 3.3. AIR QUALITY .............................................................................................................. .............................19 3.4. BIOLOGICAL RESOURCES ....................................................................................... .............................25 3.5. CULTURAL RESOURCES .......................................................................................... .............................29 3.6. GEOLOGY AND SOILS .............................................................................................. .............................31 3.7. GREENHOUSE GAS EMISSIONS ............................................................................. .............................36 3.8. HAZARDS /HAZARDOUS MATERIALS ...................................................................... .............................39 3.9. HYDROLOGY AND WATER QUALITY ...................................................................... .............................42 3.10. LAND USE AND PLANNING ...................................................................................... .............................49 3.11. MINERAL RESOURCES ............................................................................................. .............................51 3.12. NOISE ......................................................................................................................... .............................52 3.13. POPULATION AND HOUSING: ................................................................................. ............................. 57 3.14. PUBLIC SERVICES: ................................................................................................................................ 58 3.15. RECREATION ............................................................................................................. .............................60 3.16. TRANSPORTATION AND CIRCULATION... ........................................................................................... 61 3.17. UTILITIES AND SERVICE SYSTEMS ........................................................................ .............................74 3.18. MANDATORY FINDINGS OF SIGNIFICANCE (Cal. Pub. Res. Code § 15065) ......... .............................79 4. REFERENCE DOCUMENTS: .................................................................................................................. 81 FIGURE 1: PROJECT LOCATION IN PETALUMA ............................................................................. ..............................7 FIGURE 2: AERIAL PHOTOGRAPH OF PROJECT SITE ................................................................... ..............................8 TABLE 2: BAAQMD OPERATIONAL POLLUTANT SCREENING RESULTS ....................................... .............................22 FIGURE 3: EASEMENTS ADJACENT TO PROJECT ......................................................................... ..............................9 TABLE 3: BAAQMD GREENHOUSE GAS SCREENING RESULTS .................................................. .............................37 FIGURE 4: BUILDING ELEVATION (VIEWED FROM LAKEVILLE HIGHWAY) ...................................... .............................10 TABLE 4: CONSTRUCTION PHASE NOISE LEVELS ....................................................................... .............................55 FIGURE 5: PROPOSED SITE PLAN ............................................................................................. .............................11 TABLE 5: EXISTING PEAK HOUR INTERSECTION LEVELS OF SERVICE .......................................... .............................64 FIGURE 6: VIEW SHED (FROM SOUTHBOUND LAKEVILLE) ........................................................... .............................15 TABLE 6: EXISTING HIGHWAY SEGMENT PEAK PERIOD VOLUMES .............................................. .............................64 FIGURE 7: VIEW SHED (FROM US 101) .................................................................................... .............................15 TABLE 7: BASELINE PEAK HOUR INTERSECTION LEVELS OF SERVICE ......................................... .............................66 FIGURE 8: FLOOD INSURANCE RATE MAP ................................................................................. .............................43 TABLE 8: FUTURE PEAK HOUR INTERSECTION LEVELS OF SERVICE ........................................... .............................67 FIGURE 9: SEA LEVEL RISE SCENARIO MAPS ............................................................................ .............................47 TABLE 9: EXISTING AND EXISTING PLUS PROJECT PEAK HOUR LEVELS OF SERVICE ................... .............................68 FIGURE 10: NOISE MEASUREMENT LOCATIONS ......................................................................... .............................53 TABLE 10: EXISTING AND EXISTING PLUS PROJECT HIGHWAY SEGMENT PEAK PERIOD VOLUMES ............................68 FIGURE 11: LOS STUDY INTERSECTIONS FOR PROJECT ............................................................ .............................63 TABLE 11: BASELINE AND BASELINE PLUS PROJECT PEAK HOUR LEVELS OF SERVICE ................ .............................69 LIST OF TABLES TABLE 1: BAAQMD CONSTRUCTION POLLUTANT SCREENING RESULTS .................................... .............................21 TABLE 2: BAAQMD OPERATIONAL POLLUTANT SCREENING RESULTS ....................................... .............................22 TABLE 3: BAAQMD GREENHOUSE GAS SCREENING RESULTS .................................................. .............................37 TABLE 4: CONSTRUCTION PHASE NOISE LEVELS ....................................................................... .............................55 TABLE 5: EXISTING PEAK HOUR INTERSECTION LEVELS OF SERVICE .......................................... .............................64 TABLE 6: EXISTING HIGHWAY SEGMENT PEAK PERIOD VOLUMES .............................................. .............................64 TABLE 7: BASELINE PEAK HOUR INTERSECTION LEVELS OF SERVICE ......................................... .............................66 TABLE 8: FUTURE PEAK HOUR INTERSECTION LEVELS OF SERVICE ........................................... .............................67 TABLE 9: EXISTING AND EXISTING PLUS PROJECT PEAK HOUR LEVELS OF SERVICE ................... .............................68 TABLE 10: EXISTING AND EXISTING PLUS PROJECT HIGHWAY SEGMENT PEAK PERIOD VOLUMES ............................68 TABLE 11: BASELINE AND BASELINE PLUS PROJECT PEAK HOUR LEVELS OF SERVICE ................ .............................69 TABLE 12: FUTURE AND FUTURE PLUS PROJECT PEAK HOUR LEVELS OF SERVICE .................... .............................70 Page 4 of 81 C.0 -4 November 19, 2015 1. REVISED INITIAL STUDY Project Description Revision: Subsequent to the release of the original Initial Study /Mitigated Negative Declaration (IS /MND) for a 30- public review period on November 19, 2015 and after the Planning Commission's action recommending approval of the IS /MND on December 22, 2015, the project sponsor informed the lead agency of an intent to increase the number of residential apartments from eighty (80) to ninety 90) units. The increase in apartments units would be made by increasing the number of one - bedroom units, while decreasing the number of two- bedroom units. No changes to the building footprint, height or massing would result from this change. This revised IS /MND also includes the installation of a Class I bike path within the Marina Planned Community District (Marina PCD) upon APN 005 - 060 -065. CEQA Guidelines 415073.5 (Recirculation of Negative Declarations Prior to Adoption): This revised IS /MND does not require recirculation because none of the situations at CEQA Guidelines §15073.5 are present. The revised IS /MND does not constitute a "substantial revision" because it does not identify any new, avoidable significant effects, no new potentially significant effects, nor any new or modified mitigation measures. Additionally, new information added herein merely clarifies the reasons why the project, as presented in the revised IS /MND, would not result in any new, significant effects.. 2. OVERVIEW AND BACKGROUND General Plan: The Petaluma General Plan 2025, adopted in 2008, serves the following purposes: • Reflects a commitment on the part of the City Council and their appointed representatives and staff to carry out the Plan; • Outlines a vision for Petaluma's long -range physical and economic development and resource conservation; enhances the quality of life for all residents and visitors; recognizes that human activity takes place within the limits of the natural environment; and reflects the aspirations of the community; • Provides strategies and specific implementing policies and programs that will allow this vision to be accomplished; • Establishes a basis for judging whether specific development proposals and public projects are in harmony with Plan policies and standards; • Allows City departments, other public agencies, and private developers to design projects that will enhance the character of the community, preserve and enhance critical environmental resources, and minimize impacts and hazards; and • Provides the basis for establishing and setting priorities for detailed plans and implementing programs, such as Development Codes, the Capital Improvement Program (CIP), facilities and Master Plans, redevelopment projects, and the Urban Growth Boundary (UGB). General Plan EIR: Because CEQA discourages "repetitive discussions of the same issues" (CEQA Guidelines section 15152b) and allows limiting discussion of a later project that is consistent with a prior plan to impacts which were not examined as significant effects in a prior EIR or to significant effects which could be reduced by revisions in the later project (CEQA Guidelines section 15152d), no additional benefit to the environment or public purpose would be served by preparing an EIR merely to restate the analysis and the significant and unavoidable effects found to remain after adoption of all General Plan policies /mitigation measures. All General Plan policies adopted as mitigation apply to the subject Project. The EIR reviewed all potentially significant environmental impacts and developed measures and policies to mitigate impacts. Nonetheless, significant and unavoidable impacts were determined to occur under the General Plan. Therefore, the City adopted a statement of overriding considerations, which balances the merits of approving the project despite the potential environmental impacts. The impacts identified as significant and unavoidable in the General Plan are: Increased motor vehicle traffic which would result in unacceptable level of service (LOS) at six intersections covered in the Master Plan: o McDowell Boulevard North /Corona Road, Lakeville Street/Caulfield Lane, Lakeville Street/East D Street, Petaluma Boulevard South /D Street, Sonoma Mt. Parkway /Ely Boulevard South /East Washington Street, and McDowell Boulevard North /Rainier Avenue. C (9 -C� November 19, 2015 Page 5 of 81 • Traffic related noise at General Plan buildout, which would result in a substantial increase in existing exterior noise levels that are currently above City standards. • Cumulative noise from proposed resumption of freight and passenger rail operations and possible resumption of intra -city trolley service, which would increase noise impacts. • Air quality impacts resulting from General Plan buildout to population levels that could conflict with the Bay Area 2005 Ozone Strategy. (This regional air quality plan has since been replaced by the 2010 Clean Air Plan, which is further discussed in Sections 3.3 Air Quality and 3.7 Greenhouse Gases.) • A possible cumulatively considerable incremental contribution from General Plan development to the significant impact of global climate change. This environmental document tiers off of the General Plan EIR (SCH NO.: 2004082065), which was certified on April 7, 2008, to examine site- and project- specific impacts of the proposed subdivision project as described below. A copy of the City of Petaluma's General Plan and EIR are available at the Community Development Department, 11 English Street, Petaluma, California 94952, during normal business hours and online at http: / /cityofpetaluma.net/cdd /plan - general- plan.html. 2.1. ENVIRONMENTAL SETTING Regional Setting Petaluma is located in southwestern Sonoma County along the US 101 corridor approximately 15 miles south of Santa Rosa and 20 miles north of San Rafael. It is situated at the northernmost navigable end of the Petaluma River, a tidal estuary that snakes southward to San Pablo Bay. The City originated along the banks of the Petaluma River, spreading outward over the floor of the Petaluma River Valley as the City developed. The valley itself is defined by Sonoma Mountain on the northeast and by the hills extending northward from Burdell Mountain on the west. To the south are the Petaluma Marshlands and the San Francisco Bay beyond. Petaluma's Urban Growth Boundary (UGB) defines the limits within which urban development may occur and encompasses approximately 9,911 acres. The UGB was implemented in 1987 (as the Urban Limit Line), formally adopted as the UGB in 1998 via Measure I, and will expire in 2025 without subsequent action. The General Plan and EIR evaluated potential impacts associated with existing and proposed development within the UGB. The project site is located within the UGB and has never been developed or utilized for urban land use activity. The project's location within the City of Petaluma and surrounding environs is shown at Figure 1 (Project Location in Petaluma) below. 10 -6 Page 6 of 81 November 19, 2015 •. Figure 1: Project Location in Petaluma Neiahborhood Settin The project site is located at 0 Marina Drive in eastern Petaluma and within the Petaluma General Plan's Lakeville Planning Subarea. The Planning Subarea is characterized by planned urban development in proximity to Lakeville Highway, as well as areas consisting of marshlands, public trails, and open space along the Petaluma River. The portion of the subarea in the immediate vicinity of the project site supports the existing Petaluma Marina and Petaluma's largest hotel (Sheraton). The subarea contains a limited amount of residential development. The long -term vision for the subarea includes the creation of a cohesive neighborhood with close access to stores and services as well as connectivity to residential areas north of Lakeville Highway. Project Site The project site is located within the Petaluma Marina Planned Community Development (PCD), an approximate 30.59 -acre area within Petaluma's incorporated limits and at the outer edge of Petaluma's urbanized area where it transitions into more open and sparsely developed land. The marina is situated south of Lakeville Highway and approximately 500 feet east of U.S. Highway 101. The project site is the last remaining area of undeveloped land in the Marina PCD. The project site is bounded by Lakeville Highway to the North, a 35 foot wide Sonoma County outfall channel to the west, beyond which lies the Sonoma Marin Area Rail Transit (SMART) corridor. The Sheraton Hotel, Marina, and Petaluma River lie to the south, and a parking lot and commercial development are located east of the project site (see Figure 2 below). November 19, 2015 (b1 Page 7 of 81 Figure 2: Aerial Photograph of Project Site The project site was partially improved with pavement and utility connections in 2002 and is otherwise covered in urban /ruderal habitat. The site is generally flat and features a gentle slope. As mentioned, the site is adjacent to a thirty -five (35) foot wide tidal outfall channel that connects to the Petaluma River. At the head of the outfall channel is a flap gate that controls drainage from a freeway ditch. A fringe of coastal salt/brackish marsh habitat that is approximately four to six feet wide lines both banks of the outfall channel. The upper banks are lined by landscaped grass and ornamental trees. There are a number of native and non- native (ornamental) trees in landscape planters within the parking lots surrounding the project site. Existing Public Access and Utility Easements A number of easements exist within the vicinity of the project site. Two easement areas concern public access and utilities, as shown on Figure 3 below. At the northern easement shown in Figure 3, a 36 -inch diameter regional sanitary sewer pipe, private water services, and a storm drain system are located underneath the existing parking lot and drive aisle. The western easement shown in Figure 3 provides the public rights of access to the open water of the Petaluma Marina. IDA Page 8 of 81 November 19, 2015 1 y f Utilit� ccess Easement c L LA v ,t Proposed >'\ ` -� j v Apartment Building' . , � ` mix ✓' i� gym' . y t \�vA V ` V �� • �� �/� ) Acces E a3ement Figure 3: Easements Adjacent to Project Bike Path Property The proiect analvzed herein includes the construction of a Class I bike path across APN 005- 060 -065. This property is located within the Marina PCD and is approximately 1.04 acres in area. The property is a former railroad right- of -waV and exhibits characteristics of that former use by its rectangular shape (40 feet wide by 674 feet lonq) and generally disturbed nature. At present, the property is flat and covered with ruderal vegetation. A row of ornamental trees and shrubs line the property's southern and western boundary. An approximate two -foot wide linear drainage feature occurs along the property's northern boundary with an abutting personal storage facility. 2.2. PROJECT DESCRIPTION The project includes the following requested approvals from the City of Petaluma: (1) Petaluma Marina PCD Amendment to list multiple - family dwellings as a permitted use and increase the maximum building height to five stories; and (2) Site Plan and Architectural Review (SPAR) to construct an 80 unit 90 -unit apartment building upon an existing vacant area surrounded by asphalt parking lots; (3) and a Condition Use Permit to allow the multi - family use with the Marina PCD. Each is described in detail below. The project proposes the development of a five -story building including ei,�„^"t; -(00) ninety (90) residential apartments with associated landscaping and changes to existing asphalt pavement areas, as described below. The following actions are requested of the City of Petaluma to authorize this proposal: (1) amendment to the Marina PCD to enable an increase in building height and permit residential land use; and (2) Site Plan and Architectural Review (SPAR) approval for the site, building and landscaping design details; and (3) Conditional Use Permit, to authorize the proposed multi - family residential use within the PCD, pursuant to the PCD amendment. PCD Amendment The project is subject to Planned Community District (PCD) zoning first established by City Council c (• 0 " t November 19, 2015 Page 9 of 81 Resolution No. 86 -294. The "Marina PCD" zoning was established to facilitate development of a public marina adjacent to the Petaluma River along with supporting office, commercial, restaurant and hotel uses. In the subsequent years, development of the public marina and supporting uses occurred with the exception of the project site. Presently, the Marina PCD does not authorize residential land uses. Also, the Marina PCD permits buildings up to four (4) stories and a height of sixty -one (61) feet, and also includes a General Development Plan depicting a maximum of 10,000 square feet of floor area at the project site. The project proposes to amend the Petaluma Marina PCD to: (a) permit multiple - family dwellings after issuance of a Conditional Use Permit; (b) increase the maximum building height to five (5) stories and ninety - one (91) feet; and (c) remove a floor area maximum for the project site. The project would also restate the Marina PCD in a manner that both incorporates prior, approved amendments and with formatting and terminology consistent with the City of Petaluma's current Implementing Zoning Ordinance. Note: the Marina PCD was established under a previous iteration of the City's Zoning Ordinance. The physical manifestations of the proposed Marina PCD amendment are synonymous with the location and nature of the residential apartment development proposal described below. Consequently, this Initial Study conflates the two into a single "project" for all analyses. Conditional Use Permit The proposed Marina PCD amendment allows for multiple - family dwelling units with approval of a Conditional Use Permit (CUP). The requirement for a CUP provides a process by which proposes uses that are not permitted by right are reviewed and conditioned to ensure capability with surrounding land uses. As a multiple - family dwelling development, the subject project requires a Conditional Use Permit. Building Elevations The project consists of an L- shaped building five (5) stories in height, as shown at Figure 4 below. Access to the building would occur from a lobby area at the eastern wing. Access to apartment units within the building would occur via corridors with two elevators serving each floor. Emergency egress is provided by stairwells and doorways at each corner of the building. Figure 4: Building Elevation (Viewed from Lakeville Highway) Site Plan Figure 5, below, shows the proposed Site Plan for the Marina Drive Apartments. The project site (APN: 005- 060 -089) is located on Marina Drive and adjacent to Lakeville Highway in East Petaluma. The site is bounded by Lakeville Highway to the North, a 35 -foot wide outfall channel to the west, the Sheraton Hotel, Marina, and Petaluma River to the south, and a parking lot and commercial development to the east. Elevations of the to— (O Page 10 of 81 November 19, 2015 project site range from approximately 5 -20 feet above sea level with a gentle south -west trending slope. Figure 5: Proposed Site Plan A new 80 ung 90 -unit apartment complex with units ranging from 685 to 1,225 square feet will be developed. The proposed apartment complex will be five stories (65 ft.) in height and generally shaped in an L -shape with frontage on Lakeville Highway. The proposed design will be deferential to the existing development in the Marina PCD and will exhibit a seaport/resort architectural style pursuant to the Marina PCD Guidelines. The design features white shiplap siding, varied wall plans, projecting gable ends, and a combination of pyramidal and gabled roofs. The complex mimics the pitched metal roof and white horizontal siding characteristic of nearby buildings. The massing of the building is broken up with the inclusion of balconies and is punctuated with a series of large multi -paned windows. The project site is currently accessed via an existing right- turn -in driveway on Lakeville Highway, approximately 540 feet west of Baywood Drive, and an existing full access driveway on Baywood Drive approximately 230 feet south of Lakeville Highway. The proposed project would maintain the inbound, right turn lane off of Lakeville Highway which features a 315 foot long deceleration Lane on Lakeville Highway as needed for vehicles to slow and come to a full stop prior to turning into the Petaluma Marina. The project includes landscaping around the building and site perimeter. Proposed landscaping includes evergreen and deciduous trees, shrubs, perennials, grasses, and vines. The carports proposed around the periphery of the site are screened from Lakeville Highway with grasses, a vine trellis, and regularly placed columnar trees. �0-0 November 19, 2015 Page 11 of 81 Bike Path The project analyzed herein includes the construction of a Class I bike path across APN 005 - 060 -065 between Baywood Drive and Marina Avenue. A Class I bike path is an off - street pathway that may be shared with pedestrians. The path's width would be fourteen (14) feet consisting of ten (10) feet of paved surface joined by two (2) foot shoulders on both sides. The location of the pathway would be adjacent to the southern property line to avoid the linear drainage feature along the northern property line. Construction of the bike path would also involve intersection improvements (e.g., curb ramps, stop or yield signs) at Baywood Drive and Marina Drive. No new vehicle traffic control devices (e.g., stop sign, traffic signal) would be installed. The construction of intersection improvements at Baywood Drive would necessitate the removal of existing ornamental trees. Construction of the bike path would also involve the use of temporary protective fencing placed approximately ten (10) feet from the northern property line in order to exclude construction activity from linear drainage feature and its immediate vicinity. Io-12 Page 12 of 81 November 19, 2015 3. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact Unless Mitigation is Incorporated" as indicated by the checklist on the following pages. X made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION 1. Aesthetics 7. GHG Emissions X 13. Population / Housing 2. Ag / Forest 8. Hazards 14. Public Services 3. Air Quality 9. Hydrology 15. Recreation 4. Biological Resources X 10. Land Use X 16. Transportation / Traffic X 5. Cultural Resources 11. Mineral Resources 17. Utilities 6. Geology / Soils X 12. Noise X 18. Mandatory Findings DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been X made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature: Kevin Colin, Senior Planner Date Applicant Signature: November 19, 2015 Date Page 13 of 81 4. EVALUATION OF ENVIRONMENTAL IMPACTS The following discussion addresses the potential level of impact relating to each aspect of the environment. 4.1. AESTHETICS Less Than Potentially Significant Less than No Significant with Significant Impact Would the project: Impact Mitigation Impact p a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ❑ ❑ ❑ c) Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ ❑ ® ❑ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views ❑ ❑ ® ❑ in the area? Sources: 2025 GP And EIR; Marina Apartments Architectural Plans 2015 -05.07 Setting: The natural features that characterize Petaluma and its surroundings provide for a visually rich setting. The City of Petaluma is located in the Petaluma River Valley, which is northwest- southeast trending between Sonoma Mountain and Mount Burdell. The City is flanked by the foothills and peaks associated with these mountain ranges which provide for views of rolling hills and agricultural landscapes. Petaluma is also traversed by the Petaluma River and tributaries, which further contribute to the aesthetic quality of the City. A long established urban form within the City limits contrasts with the surrounding natural and agricultural features and provides for a distinct visual character. The project site is comprised of 2.16 acres of vacant, partially improved, land surrounded by existing commercial development in the Marina PCD. The site is located in the City's Urban Growth Boundary and within the Lakeville Planning Subarea. The Lakeville Planning Subarea is largely defined by marshlands, public trails and open space along river with business and light industrial parks concentrated near the southern terminus of McDowell Boulevard South. The Planning Subarea also supports the Petaluma Marina, the City's largest hotel and residential development. Aesthetic and visual resources present in the project area include: limited views of open space /waterway and intermittent views of the Sonoma Mountains to the east. Figure 6 and 7, below, shows that the proposed project is readily visible from US Hwy 101 and Lakeville Highway/ SR 116, which are considered by the Petaluma General Plan as "Gateways" where development should ensure a strong point of entry into the City and a sense of transition or entry into Petaluma. The project proposes a building with a seaport/resort architectural design concept that is deferential to the existing character of the Petaluma Marina. The project includes a five story (65' -0 ") L- shaped apartment building. The proposed building is similar to the nearby Sheraton Hotel in that it features varied wall plans, projecting gable ends, and a combination of pyramidal and gabled roofs. The building also mimics the pitched metal roof and white horizontal siding characteristic of other existing buildings at the Petaluma Marina. The massing of the proposed building is broken up with the inclusion of balconies and is punctuated with a series of large windows. (0_(� Page 14 of 81 November 19, 2015 Figure 6: View Shed (from southbound Lakeville) Figure 7: View Shed (from US 101) Proposed landscaping includes vegetation that is reflective of the surrounding natural environment and will also serve as screening and a scaling element to protect views and soften the building's presence. A variety of wispy grasses, flowering perennials and screening evergreen shrubs will be introduced that mimic the surrounding landscape. Further, the project's carports, proposed along the Lakeville Highway frontage, would be screened by evergreen plants, trees, and vines. Impact Analvsis: 3.1 (a) (Scenic Vista) Less Than Significant Impact: At Figure 3.11 -1, the General Plan 2025 EIR identifies the following scenic vistas: (a) hills to the west and south of the City; (b) vistas of Sonoma Mountain; and (c) land along the Petaluma River. The General Plan 2025 EIR utilizes the following three public viewpoints to determine potential adverse effects upon the aforementioned vistas: (a) Washington Street overpass; (b) McNear Peninsula; and (c) Rocky Memorial Dog Park. The project is not located near any identified vistas and would not be visible from the Washington Street overpass, McNear Peninsula or Rocky Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or other important vistas such as open space. Therefore, the project would have no impact due to the obstruction of the General Plan's designated scenic vistas. (0-(s November 19, 2015 Page 15 of 81 Mitigation Measures: None required 3.1 (b) (Scenic Resources) No Impact: The project site is flat and excludes any feature (e.g., trees, rock outcropping, historic buildings) that may be considered a scenic resource. The nearby US 101 and State Route 116 (Lakeville Highway) are not designated scenic highways within the City of Petaluma. Therefore, the project would have no impact on scenic resources, including those within a designated State Scenic Highway. Mitigation Measures: None required. 3.1 (c) (Visual Character and Quality) Less than Significant Impact: Impact 3.11 -3 of the General Plan EIR concludes that infill development (such as the project) may potentially degrade the existing visual quality of the city through incompatibilities with existing development in scale and /or character. The General Plan EIR elaborates on this potential environmental effect, as follows: "The aesthetic resources of the city - the creeks, river, hillsides, and ridgelines - could potentially be impacted by new development unless it is thoughtfully designed. Preservation of significant natural features during construction of new development would help retain the character of existing areas. New development proposed on vacant sites within the city's UGB could also alter the surrounding rural visual character through increased densities and intensities." As shown in Figure 2 above, the project is surrounded by urban development (commercial and residential land uses) and major roadways (e.g., U.S. 101, Lakeville Highway). The project site is separated from the Petaluma River and its companion open space areas by the boat marina and abutting commercial buildings (Sheraton Hotel and associated retail). The project is located within the city's UGB at a site designated by the General Plan as Mixed Use. The Zoning Map designates the project site as Planned Commercial Development (PCD). The project's scale, as proposed, is similar to that existing at the Petaluma Marina. Properties to the north, beyond Lakeville Highway, are developed at a lower scale of one (1) and two (2) stories in height. Those properties could redevelop with taller buildings in accordance with their respective Zoning Map designations (e.g., Mixed Use 1 B, Commercial 2, Commercial 1). The project's design, scale, massing and spatial organization are generally similar to that at the Petaluma Marina. The proposed apartment building design complements the established character of the existing buildings at the Petaluma Marina. The proposed architecture does not depart significantly in style, form or design that it would degrade the existing visual environment. The proposed bike path would not result in any above - ground features that may adversely affect visual character or quality. In addition, the project would have no effect on the city's rural visual character since it is not located on, near, nor is it visible from the rural and open spaces properties at the City's periphery. As mentioned under the project "setting ", the site is visible from US Hwy 101 and Lakeville Hwy/ SR 116, which are called out by the General Plan as a "Gateways" into the City. Gateway areas are considered to be readily visible and should provide for a strong point of entry. The project applicant provided visual simulations to aid in understanding impacts of the project on the visual environment. Visual simulations were provided for the site as viewed from northbound US 101, northbound Lakeville Hwy/ SR 116 and southbound Lakeville Hwy SR/116. The proposed apartment building is most visible as viewed from northbound US Hwy 101 and southbound Lakeville /SR 116. The massing and scale of the proposed building is prominent, however, the architectural style similar to that of the adjacent hotel provides for a sense of visual continuity and reinforcement of the established character of the Marina PCD. With regard to the project's scale, mandatory compliance with the Implementing Zoning Ordinance's requirement to obtain Site Plan & Architectural Review from the Planning Commission would further ensure compatibility with the established character. As proposed, the design is consistent with the guiding regulation and is complimentary to the existing neighborhood. Therefore the project's potential to impact the established h -(6 Page 16 of 81 November 19, 2015 visual character and quality of the area would be less than significant. Mitigation Measures: None required. 3.1 (d) (Light and Glare) Less Than Significant: The project site is bounded with existing commercial and office development, all of which currently feature site and street lighting. Exterior lights installed in conjunction with the proposed residential apartment complex will marginally increase artificial light in the vicinity. The proposed bike path excludes the use of lighting. The following conditions of approval apply to the project: • Any lights provided to illuminate a parking facility shall be arranged so as to reflect the light away from adjacent properties and streets (downward lighting). Lighting standards shall not exceed twenty (20) feet in height and should be consistent with the architectural design of on -site buildings in terms of style, color and materials. All lighting shall be glare -free, hooded, and downcast in order to prevent glare into bicyclists' and pedestrians' eyes. The project is also required to conform to Implementing Zoning Ordinance (IZO) §21.040.D, which provides standards to prevent indirect and direct glare impacts including, for example by specifying the maximum illumination, and light location, height, and relationship to structures. The project has the potential to result in new lighting associated with street lamps and exterior residential lighting that could affect nighttime view in the project area. Mandatory compliance with the city's conditions of approval and adherence to IZO §21.040.D would ensure the project's potential light and glare impacts would be less than significant. Mitigation Measures: None required. W-0 November 19, 2015 Page 17 of 81 4.2. AGRICULTURAL AND FORESTRY RESOURCES b) Conflict with existing zoning for agricultural use, or ❑ ❑ ❑ a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning Less Than Potentially Significant Less than No Significant with Significant Impact Would the project: Impact Mitigation Impact ❑ Incorporated Public Resources Code section 4526), or a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as timberland zoned Timberland Production (as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural Result in the loss of forest land or conversion of ❑ ❑ use? forest land to non - forest use? b) Conflict with existing zoning for agricultural use, or ❑ ❑ ❑ a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code §12220(g)), timberland (as defined by ❑ ❑ ❑ Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result ❑ ❑ ❑ in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? Sources: City of Petaluma General Plan Land Use and UGB; and Petaluma General Plan DEIR. Setting: Agricultural lands within the City's UGB are limited to "Farmland of Local Importance ", "grazing land ", and "other land." There are no identified forestlands within the UGB. Agricultural resources are prevalent outside of City limits, within the County of Sonoma. An impetus to the establishment of the UGB was to preserve natural resources, agricultural lands, and other open spaces. None of the agricultural or forestland designations are present on or near the project site and the project site's existing General Plan and Zoning designations anticipate urban development. Impact Analysis: 3.2 (a -e) (Farmland Conversion, Williamson Act, Forestland /Timberland Conflict) No Impact: There are no forest lands, important farmlands, agricultural resources or agricultural preserves located within the project site and surrounding properties. The project site is not classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The 2008 Sonoma County Important Farmland map shows the project site as "Urban and Built -Up Land." The project site is not under Williamson Act contract. There are no forestlands, timberlands or such zoning on the subject site or vicinity. The proposed project would have no impacts to agricultural resources or forest uses, and would not result in the conversion of such lands since none exist on -site or in the project vicinity. Therefore, the project would have no impact to agricultural and forestry resources. Mitigation Measures: None required [a -lib Page 18 of 81 November 19, 2015 4.3. AIR QUALITY Where available, the significance criteria established Less Than by the applicable air quality management or air Potentially Significant Less than pollution control district may u to make p y be relied on p Significant Impact with Mitigation Significant No Impact Impact the following determinations. Would the project: Incorporated a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ® ❑ quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient air quality ❑ ❑ ® ❑ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Exposure of sensitive receptors to substantial pollutant concentrations? ❑ ❑ ® ❑ e) Create objectionable odors affecting a substantial number of people? ❑ ❑ ® ❑ Sources: 2025 GP and EIR; 2010 BAAQMD Clean Air Plan; BAAQMD CEQA Guidelines; Marina Apartment Project Air Quality and Greenhouse Gas Emissions Assessment prepared by Illingworth and Rodkin, April 13, 2015 Setting: The City of Petaluma is located within the San Francisco Bay Area Air Basin, which is regulated by the Bay Area Air Quality Management District ( BAAQMD). The Federal Clean Air Act and the California Clean Air Act establish national and state ambient air quality standards respectively. The BAAQMD is responsible for planning, implementing, and enforcing air quality standards within the Bay Area Air Basin, including the City of Petaluma. The Bay Area Air Basin, including the project site, is designated as non - attainment for both the one -hour and eight -hour state ozone standards; 0.09 parts per million (ppm) and 0.070 ppm, respectively. The Bay Area is also in non- attainment for the PM10 and PM2.5 state standards, which require an annual arithmetic mean (AAM) of less than 20 lag /m3 for PM10 and less than 12 lag /m3 for PM2.5. In addition, the Bay Area Basin is designated as non - attainment for the national 24 -hour fine particulate matter (PM2.5) standard and will be required to prepare a State Implementation Plan (SIP) for PM2.5. All other national ambient air quality standards within the Bay Area Air Basin are in attainment. Air quality within the Bay Area Air Basin is a combination of natural geographical and meteorological conditions as well as human activities such as construction and development, operation of vehicles, industry and manufacturing, and other anthropogenic emission sources. This Initial Study applies the BAAQMD's California Environmental Quality Act — Air Quality Guidelines, May 2012, including the BAAQMD thresholds of significance adopted in June 2010. In March 2012, the Alameda County Superior Court ordered BAAQMD to set aside use of the significance thresholds within the BAAQMD CEQA Guidelines until they complete an assessment of the environmental effects of the thresholds in accordance with CEQA. The Court found that the thresholds, themselves, constitute a "project" for which environmental review is required. Lead agencies may continue to rely on the BAAQMD CEQA Guidelines, "for assistance in calculating air pollution emissions, obtaining information regarding the health impacts of air to -Iq November 19, 2015 Page 19 of 81 pollutants, and identifying potential mitigation measures." The BAAQMD CEQA Guidelines include the best available scientific data and most conservative thresholds available. Comparison of the project's emissions against the BAAQMD thresholds provides a conservative assessment as the basis for a determination of significance. In the absence of other applicable thresholds, the City of Petaluma, as lead agency, has chosen to utilize the June 2010 BAAQMD thresholds and May 2011 Guidelines as a means to conservatively assess the project's potential environmental effects. Petaluma General Plan The City's General Plan set forth policies and programs to maintain and enhance air quality. The following are applicable to the proposed project: Policy 4 -P -6: Improve air quality through required planting of trees along streets and within park and urban separators, and retaining tree and plant resources along the river and creek corridors. Policy 4-P-1 5D: Reduce emissions from residential and commercial uses by requiring the following: • Use of high efficiency heating and other appliances, such as cooking equipment, refrigerators, and furnaces, and low NOx water heaters in new and existing residential units; • Compliance with or exceed requirements of CCR Title 24 for new residential and commercial buildings; • Incorporation of passive solar building design and landscaping conducive to passive solar energy use for both residential and commercial uses, i.e., building orientation in a south to southeast direction, encourage planting of deciduous trees on west sides of structures, landscaping with drought resistant species, and use of groundcovers rather than pavement to reduce heat reflection; • Encourage the use of battery - powered, electric, or other similar equipment that does not impact local air quality for nonresidential maintenance activities; and • Provide natural gas hookups to fireplaces or require residential use of EPA - certified wood stoves, pellet stoves, or fireplace inserts. Policy 4 -P -16: To reduce combustion emissions during construction and demolition phases, the contractor of future individual projects shall encourage the inclusion in construction contracts of the following requirements or measures shown to be equally effective: • Maintain construction equipment engines in good condition and in proper tune per manufacturer's specification for the duration of construction; • Minimize idling time of construction related equipment, including heavy -duty equipment, motor vehicles, and portable equipment; • Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline); • Use add -on control devices such as diesel oxidation catalysts or particulate filters; • Use diesel equipment that meets the ARB's 2000 or newer certification standard for off - road heavy -duty diesel engines; • Phase construction of the project; and • Limit the hours of operation of heavy duty equipment. Impact Analysis: 3.3 (a) (Air Quality Plan) No Impact: The BAAQMD adopted the Bay Area 2010 Clean Air Plan (CAP) in September 2010 to comply with state air quality planning requirements set forth in the California Health & Safety Code. The 2010 CAP serves to update the 2005 Ozone Strategy and provides control strategies to address air quality pollutants including ozone (03), Particulate Matter (PM), toxic air contaminants (TACs), and greenhouse gases (GHGs). Control strategies apply to the topics of land use, energy and climate, and stationary, transportation, mobile sources. Iod2-o Page 20 of 81 November 19, 2015 Examples of programmatic measures that implement the control strategies include the use of clean and efficient vehicles, Green Fleets, enhanced bicycle and pedestrian access, energy efficiency, and others. The Bay Area 2010 CAP was based on land use and growth projections consistent with those used in the Petaluma General Plan. The project's land use and development intensity is consistent with that assumed by the General Plan for the project site. There are no other control measures of the 2010 CAP that apply to the project. Therefore, the project will not conflict with or obstruct implementation of the Bay Area 2010 Clean Air Plan and no impact will result. Mitigation Measures: None required. 3.3 (b -c) (Air Quality Standard, Criteria Pollutant) Less Than Significant Impact: Construction Emissions Generally, emissions generated during construction periods at urbanized properties like those in the project area are minimal since their relatively small size limits the use of heavy construction equipment and requires minimal site preparation work. Nonetheless, the BAAQMD CEQA Guidelines contain screening criteria at Table 3 -1 which provide a conservative indication of whether a proposed project could result in potentially significant air quality impacts related to emissions during construction. If all of the screening criteria are met by a proposed project, quantification of the project's air pollutant emissions is not necessary to make a determination since it is reasonably expected that the project's impact will be below the threshold of significance. The project includes eighty (80) ninety (90) for -rent dwelling units. Table 1 below compares the project to the BAAQMD CEQA Guidelines screening levels for air pollutants from construction activities. TABLE 1 BAAQMD CONSTRUCTION POLLUTANT SCREENING RESULTS Land Use Type Project BAAQMD Screen Level Above Screening Level? Apartment, Mid -Rise 89 90 units 240 units No Source: Table 3 -1, pg 3 -2 Bay Area Air Quality Management District 2010 CEQA Guidelines, May 2010. Given the results of Table 1 above, it can be conservatively determined the project would result in a less than significant impact since it includes a number of units well below the screening level. Additionally, construction of the bike path would be concurrent with the apartment building and include minimal use of heavy equipment as well. This determination is verified by project- specific quantification of construction emissions in the technical reports prepared for the project., ? However, it should be noted the City of Petaluma will impose the following BAAQMD best management practices as a condition of approval: The applicant shall incorporate the Best Management Practices for construction into the construction and improvement plans and clearly indicate these provisions in the specifications. In addition an erosion control program shall be prepared and submitted to the City of Petaluma prior to any construction activity. BMPs shall include but not be limited to the BAAQMD Basic Construction Mitigation Measures as modified below: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three times per day. 2. All haul trucks transporting soil, sand, or other loose material shall be covered. ' Marina Apartment Project, Petaluma, CA — Air Quality and Greenhouse Gas Emissions Assessment, Illingworth & Rodkin, April 13, 2015. 2 Marina Apartment Project, Petaluma, CA — Air Quality and GHG Issues, Illingworth & Rodkin, January 27, 2016. to - -�L-( November 19, 2015 Page 21 of 81 3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Construction equipment staging shall occur as far as possible from existing sensitive receptors. 9. The Developer shall designate a person with authority to require increased watering to monitor the dust and erosion control program and provide name and phone number to the City prior to issuance of grading permits. Post a publicly visible sign with the telephone number of designated person and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. The City's Public Works Inspector will perform visual inspections during grading to assure that these BMPs are executed. Operational Emissions The BAAQMD CEQA Guidelines also contain screening criteria at Table 3 -1 for whether a proposed project could result in potentially significant air quality impacts during operation (i.e., post- construction). The operational screening levels are generally representative of new development on greenfield sites without any form of mitigation measures taken into consideration. In addition, the screening criteria do not account for project design features, attributes, or local development requirements that could also result in lower emissions. For projects that are infill and /or proximate to transit service and local services (i.e., the proposed project), emissions would be less than the greenfield type project that the screening criteria are based on. As with the construction screening results discussed above, if all of the screening criteria are met by a proposed project, quantification of the project's air pollutant emissions is not necessary to make a determination that the impact will be below the thresholds of significance. Table 2 below includes the screening level results for the project's long -term operational emissions. Land Use Type Project BAAQMD Screen Level Above Screening Level? Apartment, Low -Rise 80 90 units 451 units No Source: Table 3 -1, pg 3 -2 Bay Area Air Quality Management District 2010 CEQA Guidelines, May 2010. Given the screening results of Table 2 above, it can be conservatively determined the project would result in a less than significant impact due to operational emissions. Additionally, operation of the Class I bike path would have a beneficial impact on air emissions since it would enable and encourage non - vehicular modes of transportation. This determination is verified by project- specific quantification of operational emissions in the [o -22 Page 22 of 81 November 19, 2015 technical report prepared for the project .3 Mitigation Measures: None required. 3.3 (d) (Sensitive Receptors) Less Than Significant Impact with Mitigation: The project has the potential to bring sensitive receptors (e.g., children, elderly persons) to an area with existing and future sources of toxic air contaminants consisting, generally, of fine particulate matter from mobile sources (i.e., vehicles) and stationary source emissions. Examples of sensitive receptors include places where people live, play or convalesce and include schools, hospitals, residential areas and recreation facilities. Health Risk Screening — Construction Project - related construction activities will result in short term air quality emissions that have the potential to affect nearby sensitive receptors. Heavy equipment used during construction activities would emit diesel particulate matter (DPM), which is recognized by the State of California as containing carcinogenic compounds. The risks associated with exposure to substances with carcinogenic effects are typically evaluated based on a lifetime of exposure. This is defined by the California Air Pollution Control Officers Association as 24 hours per day, 7 days per week, 365 days per year, for 70 years for residences and 40 years for children. The nearest off -site sensitive receptors (i.e., residences) to the project site are located over 600 feet to the north, across Lakeville Highway. Assuming a construction duration of one (1) year, the project's technical report identifies that construction emissions of DPM and all criteria pollutants generated by construction related activities (i.e., ROG, NOx, CO, SOx, PM 10, PM2.5) will fall below the significance threshold. This determination is verified by project- specific quantification of operational emissions in the technical report prepared for the project. The U.S. EPA ISCST3 dispersion model was used to predict DPM and PM2.5 concentrations at existing sensitive receptors in the vicinity of the project construction area. The ISCST3 dispersion model is a BAAQMD- recommended model for use in modeling analysis of these land use types of emission activities for CEQA projects. Therefore, the project's potential health risk impacts, to nearby sensitive receptors, generated by construction activities would result in a less than significant impact. Health Risk Screeninq - Operational At operation, the project will not generate stationary source emissions that could affect sensitive receptors. However, the project's new residents have the potential to be exposed to toxic air contaminants released by vehicles traveling on nearby roads as well as from stationary sources permitted by BAAQMD. The BAAQMD provides CEQA community risk and hazards screening tools for lead agencies to use when considering whether there should be further, more detailed environmental review of a project. Lead agencies may use the screening tools to assess a project's potential risk and hazard impacts, compare the results to the lead agency's applicable thresholds of significance, and determine whether additional analysis is necessary. The BAAQMD Risk and Hazard Screening Analysis Process Flowchart directs that lead agencies should identify three (3) emission sources (i.e., highway, major roadway, stationary) within 1,000 feet of a project's boundary and compare each source individually against the screening criteria for each source. After the screening criteria for each source is evaluated, the BAAQMD Risk and Hazard Screening Analysis Process Flowchart directs that the values from all sources are to be added up and compared against a cumulative screening value (addressed below under Criterion 6 (Cumulative Health Risks)). The analysis below follows the BAAQMD- recommended methodology. State Highways/Traffic Emissions U.S 101 is located 400 feet west of the project site and Lakeville Highway (State Route 116) is located approximately 125 feet north of the project site. The project's air quality study indicates Lakeville Highway conveys 37,000 annual average daily trips.4 Of those average daily trips, 6.7% are made by trucks, of which 3 Marina Apartment Project, Petaluma, CA — Air Quality and Greenhouse Gas Emissions Assessment, Illingworth & Rodkin, April 13, 2015. 4 California Department of Transportation, 2014. 2013 Traffic Volumes on the California State Highway System. a November 19, 2015 Page 23 of 81 3.7% are heavy duty trucks and 3.2% are medium duty trucks. The project's air quality study identifies a maximum increased cancer risk of 6.3 in one million. This maximum was calculated at a receptor location representative of the residential units closest to Lakeville Highway and therefore represents the worst case scenario; cancer risks at all other site location would be lower than the maximum of 6.3 in one million. The BAAQMD uses a maximum cancer risk threshold of 10 in one million. As such, the project is well below the established threshold and impacts are considered to be less than significant for this source. Permitted Stationary Sources The nearest stationary source emitter is located 600 feet from the project site and, when adjusted for distance, the project's air quality study determines that risk levels are below significance thresholds and, therefore, impacts from this source would be less than significant. SMART Rail Line The SMART line is more than 200 feet from the proposed project. At present, the rail line experiences infrequent freight activity, but it is anticipated that freight activity will become increasingly regular, along with commuter services. For the purposes of the project's air quality study, maximum risk levels were predicted assuming a position 30 feet from the rail line. The predicted levels where further increased by a factor of 1.7 in order to account for age sensitivity factors for infants and children at the proposed apartment complex. The air quality study's analysis determined that cancer risk, annual PM2.5, concentrations and non - cancer hazards at 30 feet from tracks is below the BAAQMD significance thresholds and, therefore, impacts from this source would be less than significant. Cumulative The combined community risk levels were computed by the project's air quality study by adding the maximum TAC impacts together. The computation indicated a combined cancer risk of 17.7 per million, combined PM2.5 of 0.15pg /m3 and the non - cancer HI would be less than 0.03. As such, it is determined that community risk impacts fall below the thresholds for combined and single source levels and that impacts would be less than significant for all sources combined. Mitigation Measures: None required 3.3 (e) (Odors) Less Than Significant Impact: As a residential development, the project will not create objectionable odors affecting a substantial number of people. Although there may be occasional odors during construction associated with street paving and architectural coating, these are short term in duration and will cease once construction is complete. Therefore, the project will have less than significant impacts to air quality due to objectionable odors. Mitigation Measures: None required. t _ALA Page 24 of 81 November 19, 2015 4.4. BIOLOGICAL RESOURCES Potentially Less Than Less than No Impact Would the project: Significant Significant Significant Impact with Impact Mitigation a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in ❑ ® ❑ ❑ local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (Formerly Fish and Game) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or ❑ ® ❑ ❑ regional plans, policies, regulations or by the California Department of Fish and Wildlife (formerly Fish and Game) or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water ❑ ® ❑ ❑ Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native . resident or migratory fish or wildlife species or with ❑ ❑ ® ❑ established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ❑ ❑ ❑ biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ❑ ❑ ❑ Plan, or other approved local, regional, or state habitat conservation plan? Sources: 2025 General Plan and EIR Figure 3.8 -1: Habitat Areas and Special Status Species; and Open Space Lands Map of the Petaluma General Plan: Figure 6 -1, Marina Village Apartments Biological Resources Review prepared by WRA Environmental Consultants, March 23, 2015. Setting: Biological resources are protected by statute including the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), and the Clean Water Act (CWA). The Migratory Bird Treaty Act (MBTA) affords protection to migratory bird species including birds of prey. These regulations provide the legal protection for plant and animal species of concern and their habitat. As reported in the 2025 General Plan EIR several plant and animal species with special- status have been recorded or are suspected to occur within the Urban Growth Boundary of the City of Petaluma. The City also contains species that are identified in the California Natural Diversity Database (CNDDB) due to rarity and threats, and are considered sensitive resources. 10 _- November 19, 2015 Page 25 of 81 Within the Urban Growth Boundary, biological resources are largely limited to the Petaluma River and its tributaries, which contain aquatic and riparian resources, as well as wetlands. The National Wetland inventory identifies fresh emergent wetlands in the southern portion of the Petaluma River and Northern coastal salt marsh wetland and brackish marsh wetland in the lower reaches of the Petaluma River. The Petaluma River Access and Enhancement Plan, prepared in 1996, contains policies and guidelines to protect these important biological resources. A project specific biological resources report was prepared by WRA Environmental Consultants in March 2015. The biological resources report identifies a study area approximately 5.64 acres in area and which is comprised of an unpaved building footprint, surrounding parking lot, ornamental trees, and the upper limits of an approximately 1,700 linear foot outfall channel located west of the parking lot. The area features a minimal amount of vegetation consisting of ornamental trees, shrubs, and ruderal grasses on its periphery. The study area supports a small amount of coastal brackish marsh and waters associated with the channel outfall, which is considered a Section 404 Jurisdictional Feature. Other than the small fringe of brackish marsh and waters of the outfall and Petaluma River which are not proposed for development under the project, the balance of the project site has low biological resource value due to fragmentation and surrounding urban development. Impact Analysis: 3.4 (a -b) (Special Status Species, Riparian Habitat) Less Than Significant Impact with Mitigation: The project's biological resource report identifies the potential presence of twenty -five special status wildlife species and thirty -one special status plant species within five miles of the study area. The reports finds that the potential for these species to be found at the project site is either very low or with no potential due to the disturbed nature of the site, surrounding urban environment, and limited size of the brackish marsh. Plant Species Preparation of the project's biological resource report included a field survey within the study area and concluded that no special status plant species have a moderate or high potential for occurrence. Rather, all special status plant species had a low or unlikely potential to occur. The study area features three distinct types of vegetated area: ornamental community, coastal brackish marsh, and waters. None of the three communities identified in the study area are expected to support special status plant species. The ornamental community does not support special status plant species as it has been previously disturbed through landscaping and management. The coastal brackish marsh community is limited to a small fringe along the outfall channel that supports tules and bulrush. Due to the limited size and channelization of this feature it is not considered suitable habitat capable of potentially supporting special status plant species. The urban character of the site vicinity and fragmentation inhibits the site's ability to support special status plant species and it is determined that the presence of such species is highly unlikely. Because no rare plant species or special status plant species are expected to be present within the project's study area, impacts to sensitive plant communities would be less than significant. Wildlife Species The majority of wildlife species documented in the vicinity of the study area were determined to have either low or no potential to be present based on existing conditions, with the exception of listed fish species including chinook salmon and central coast steelhead, as discussed below. The project's biological resources report indicates that, of the 25 wildlife species identified within a five mile radius of the project site, three (salt harvest marsh, San Francisco common yellowthroat, and Samuel's song sparrow) have been documented on or directly adjacent to the study area. However, the three recorded species require well established coastal brackish marsh that is conducive to foraging, nesting, and protection from predators. The fringe of brackish marsh within the study area is too small and lacks sufficient complexity to support any of these three wildlife species. Accordingly, due to the limited availability of suitable habitat it is unlikely that any special status wildlife species are present and impacts are expected to be less than significant. Fish Species 10 a_� Page 26 of 81 November 19, 2015 The Petaluma River is considered critical habitat for Steelhead - Central California ESU (Oncorhynchus mykiss irideus), a federal threatened species. The Petaluma River also has the potential to support Chinook Central Valley Fall /Late Fall -Run ESU (Oncorhynchus tshawytscha), a National Marine Fisheries Service (NMFS) Species of Concern and California Department of Fish and Wildlife (CDFW) Species of Special Concern in the study area. Central California Coast Steelhead migrate up the Petaluma River in the fall and winter to spawn in the winter and spring. Though the study area does not provide suitable gravel substrate for spawning, adults of this ESU likely migrate through in search of spawning habitat, and juveniles may find suitable protective cover and foraging habitat in the study area. The Petaluma River is considered Critical Habitat for this ESU by NMFS (2007), and CNDDB records indicate that this ESU has been observed in the Petaluma River system within five miles of the Study Area (CDFW 2015). Therefore, the outfall channel in the Study Area represents migration and potentially rearing habitat for this species. Other fish species unlikely to be present in the study area include long -fin smelt and green sturgeon. The presence of Long -fin smelt has been recorded in the Petaluma River. However, the high water temperatures of the upper Petaluma River during the summer (last recorded as 73.2 degrees upstream of the study area) would be intolerable and, therefore, it is highly unlikely that such species would be present and potentially impacted by the project. Some tidal areas of the Petaluma River serve as critical habitat for green sturgeon. However, green sturgeon has never been observed upstream of the mouth of the Petaluma River at San Pablo Bay, although juveniles may forage in such areas. A biological opinion published by NOAA in 2009 for Caltrans bridge construction work reinforced past findings by stating that green sturgeon were unlikely to be present in the reach between HWY 101 bridge crossing and Washington Street bridge upstream of the study area. As such, impacts related to green sturgeon are expected to be less than significant. The project's biological resources report identifies a potentially significant impact related to stormwater runoff into the nearby outfall channel, which provides potential migration and rearing habitat for Central California Coast Steelhead and Chinook Central Valley. This potentially significant effect would be reduced below threshold of significance through mandatory compliance with construction and post- construction stormwater treatment measures under the City of Petaluma's National Pollution Discharge Elimination Permit (NPDES), as explained in the hydrology /water quality section. Therefore, the project would have less than significant impacts to fish species potentially present within the nearby outfall channel. Avian Species No special status avian species are expected to be present within the study area. The two species determined as potentially present near the study area include Great Egret (Ardea Alba) and California Ridgeway Rail (Rallus longirostris obsoletus). While several great egret rookeries have been documented in proximity to the study area, the two nearest are no longer extant and it is unlikely that any of the displaced Great Egrets will relocate within the near future based on the on -going Caltrans Hwy 101 overpass work. A single occurrence of Ridgeway Rail has been documented (in 2014) at the bank of the Petaluma River opposite the outfall channel approximately 1,500 feet from the study area. The distance of 1,500 feet is more than double the recommended setback to avoid noise and visual impacts to the species. It is possible that ornamental trees on the project site may provide suitable nesting habitat for migratory songbirds protected under the Migratory Bird Treaty Act (MBTA). Tree removal as well as noise disturbances resulting from construction activities during the migratory bird nesting season (February 1 to August 31) may result in nest abandonment, which is considered a potentially significant impact. Therefore, Mitigation Measure BIO -1 is required to reduce this potentially significant impact to a less than significant level. Mitigation Measure: BIO -1. Should tree removal or construction activities commence between February 1 and August 31, a pre - construction nesting survey shall be performed in suitable habitats for avian species within the Study t0-�,7 November 19, 2015 Page 27 of 81 Area to determine if nests are present. If present, an appropriate buffer shall be established by a qualified biologist to ensure activities do not result in nest abandonment; screens may be employed to reduce any no- disturbance buffers under the guidance of the biologist. The biologist shall monitor activities to ensure the buffer is sufficient to prevent any impacts to these species. Work may continue in areas outside of the buffer zones and resume within the buffer zone once the biologist has confirmed young have left the nest or the nest has been naturally predated. 3.4 (c) (Wetlands) Less Than Significant Impact With Mitigation: The project's biological resources report found that the majority of the project site is urban /ornamental community. Though not included within the report, the location of the proposed Class I bike path also consists of an urban /ornamental community including a linear drainage feature. The ornamental vegetation onsite includes native trees, including coast redwood (Sequoia sempervirens) and deer grass (muhlenbergia rigens). The report also identified two sensitive plant communities: coastal brackish marsh and other waters. Coastal brackish marsh is found at the interior edges of coastal bays and estuaries and is often adjacent to salt marsh. The Petaluma River flows adjacent to the study area and to the south. This feature is considered "other waters" regulated under Section 404 of the Clean Water Act. The project will not directly impact either resource and it is expected that compliance with mandatory standards for stormwater management and treatment ensure any potential adverse indirect impacts do not result. Additionally, as proposed, the project would avoid the linear drainage feature along the northern boundary of APN 005 - 060 -065. However, as an added safety measure to ensure that no construction activities accidentally spill over into the coastal brackish marsh habitat or in proximity to the linear drainage feature at APN 005 - 060 -065, Mitigation Measure BIO -2 shall be implemented. Mitigation Measure: BIO -2. The applicant shall install temporary orange exclusion fencing between the coastal brackish marsh habitat and the project site for the duration of site preparation and construction activities in order to prevent inadvertent disturbance during project related activities. Following completion of construction activities, the exclusionary fencing shall be removed. 3.4 (d) (Wildlife /Fish Movement & Nursery) Less Than Significant Impact: There is no evidence of migratory wildlife corridors or nursery sites on or near the project site. The project's biological resources report concluded that existing development on three sides of the site make it relatively inaccessible to many species, and eliminates the possibility of the site functioning as a movement corridor. Potential adverse impacts to sensitive fish species are addressed above. Development of the proposed project will not substantially interfere with the movement of fish or other wildlife species including migrating species. Therefore, the project will have less than significant impacts to wildlife corridors and species movements. Mitigation Measures: None required. 3.4 (e) (Tree Preservation) No Impact: Petaluma's Implementing Zoning Ordinance (IZO) Chapter 17 addresses tree preservation requirements with development projects. IZO §17.040 defines which tree species and sizes are subject to review. When "protected trees" are potentially affected by the development project, an arborist report is required. Prior to the removal of any protected tree, a Tree Removal Permit must first be obtained under IZO §17.060 and mitigated in accordance with IZO §17.065.The project does not propose removal of any protected trees. Therefore, the project would have no impact under this criterion. Mitigation Measures: None required. 3.4 (f) (Habitat Conservation Plan) No Impact: There is no Habitat Conservation Plan, Natural Community Conservation Plan, or other, regional or state habitat conservation plan that exists for Petaluma. No impact would result under this criterion. Mitigation Measures: None required. Page 28 of 81 I 0 -�� November 19, 2015 4.5. CULTURAL RESOURCES c) Directly or indirectly destroy a unique paleontological ❑ ❑ ® ❑ resource or site or unique geologic feature? d) Disturb any human remains, including those interred ❑ ❑ ® ❑ outside of formal cemeteries? Sources: Petaluma General Plan 2025 Chapter 3: Historic Preservation; 2025 GP EIR; 2015 CEQA Guidelines 15064.5; Geotechnical Investigation prepared by Miller Pacific Engineering Group, May 5,2015. Setting: Petaluma's historic and cultural resources contribute to the city's unique 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 today. Such resources include buildings, structures, landscapes, sites, and objects. Within the UGB there exist 14 Native American resources and 19 historic sites, 3 historic districts, one of which is of national significance, and upwards of 300 properties that are potentially eligible for listing on a local, state of national register of historic places. The history of Petaluma is present in the contemporary landscape and the unique character that arises from the side by side existence of new and old. Petaluma's historical resources are preserved and encouraged through policies and programs that serve to maintain the historic character. The project site is considered urban infill on a previously disturbed site. The project is not located within any designated historic districts, nor is it known to contain any potentially historic resources. Until at least 1950, the site was vacant and appears to have been graded in anticipation of development. The site was subsequently graded and partially improved with a parking lot extending around the periphery of the proposed building pad in 2002 and 2008, respectively5. There is no indication that during previous site development prehistoric, archeological or paleontological resources or human remains were discovered and there were no identified above ground historic or cultural resources. Impact Analysis: 3.5 (a) (Historical Resource) No Impact: The project site is not located within a designated historic district nor does it contain a designated historic resource. The project site is undeveloped and excludes any structures, buildings or other features that would qualify as a historic or potentially historic resource. The adjacent Petaluma Marina and associated structures were constructed less than 50 years ago. Therefore, the project would have no impact under this criterion. Mitigation Measures: None Required. 5 Historic Aerial Photographs. Courtesy of Quantam Spatial Inc. of Novato (0 t"I November 19, 2015 Page 29 of 81 Less Than Potentially Significant Less than No ro t: Would the 1 ec p Significant Impact with Mitigation Significant Impact Impact Incorporated a) Cause a substantial adverse change in the significance ❑ ❑ ❑ of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance ❑ ❑ ® ❑ of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological ❑ ❑ ® ❑ resource or site or unique geologic feature? d) Disturb any human remains, including those interred ❑ ❑ ® ❑ outside of formal cemeteries? Sources: Petaluma General Plan 2025 Chapter 3: Historic Preservation; 2025 GP EIR; 2015 CEQA Guidelines 15064.5; Geotechnical Investigation prepared by Miller Pacific Engineering Group, May 5,2015. Setting: Petaluma's historic and cultural resources contribute to the city's unique 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 today. Such resources include buildings, structures, landscapes, sites, and objects. Within the UGB there exist 14 Native American resources and 19 historic sites, 3 historic districts, one of which is of national significance, and upwards of 300 properties that are potentially eligible for listing on a local, state of national register of historic places. The history of Petaluma is present in the contemporary landscape and the unique character that arises from the side by side existence of new and old. Petaluma's historical resources are preserved and encouraged through policies and programs that serve to maintain the historic character. The project site is considered urban infill on a previously disturbed site. The project is not located within any designated historic districts, nor is it known to contain any potentially historic resources. Until at least 1950, the site was vacant and appears to have been graded in anticipation of development. The site was subsequently graded and partially improved with a parking lot extending around the periphery of the proposed building pad in 2002 and 2008, respectively5. There is no indication that during previous site development prehistoric, archeological or paleontological resources or human remains were discovered and there were no identified above ground historic or cultural resources. Impact Analysis: 3.5 (a) (Historical Resource) No Impact: The project site is not located within a designated historic district nor does it contain a designated historic resource. The project site is undeveloped and excludes any structures, buildings or other features that would qualify as a historic or potentially historic resource. The adjacent Petaluma Marina and associated structures were constructed less than 50 years ago. Therefore, the project would have no impact under this criterion. Mitigation Measures: None Required. 5 Historic Aerial Photographs. Courtesy of Quantam Spatial Inc. of Novato (0 t"I November 19, 2015 Page 29 of 81 3.5 (b) (Archaeological Resources) Less Than Significant Impact: The City of Petaluma has a rich archeological history due to the presence of the Coast Miwok Indians during prehistoric times. As such, undisturbed lands within the Urban Growth Boundary, particularly lands in the vicinity of ridgetops, midslope terraces, alluvial flats, ecotones, and sources of water have a greater possibility of containing a prehistoric archaeological resource. 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). The project site is not located within any areas of elevated potential for the occurrence of archeological resources. However, there remains potential for archeological discoveries in the alluvial soils onsite. As such, a condition of approval will be imposed on the project that requires construction activity to halt in the event of accidental discovery during grading activities. Should any features be identified during construction, the condition requires compliance with CEQA §21083.2 and CEQA Guidelines §15064.5. Given the project's location and application of a condition addressing accidental discovery, the project is not expected to result in a substantial adverse change to an archaeological resource. Therefore, impacts will be less than significant under this criterion. Mitigation Measures: None Required. 3.5 (c) (Unique Paleontological Resource) Less than Significant Impact: The Petaluma General Plan does not identify the presence of any paleontological or unique geological resources within the boundaries of the UGB. Moreover, the project site has been previously utilized including activities that would have resulted in ground disturbance. Therefore limited expectation exists for paleontological resources to be present on the project site. Nevertheless, potential remains for the discovery of buried paleontological resources. Accordingly, a condition of approval will be imposed on the project that requires construction activity to halt in the event of accidental discovery during grading activities in accordance with CEQA §21083.2 and CEQA Guidelines §15064.5. Given the project's location and application of a condition addressing accidental discovery, the project is not expected to result in a substantial adverse change to unique paleontological or geologic resources and impacts will be less than significant. Mitigation Measures: None Required. 3.5 (d) (Human Remains) Less Than Significant Impact: 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 to be present, all requirements of state law shall be duly complied with including the immediate cessation of ground disturbing activities near or in any area potentially overlying adjacent human remains. These requirements are imposed by the city through a condition of approval noting the statutory requirements of California Health and Safety Code §7050.5 and the California Native American Graves Protection Act (NAGPRA). Accordingly, impacts are expected to be less than significant. Mitigation Measures: None Required IO` Page 30 of 81 November 19, 2015 4.6. GEOLOGY AND SOILS Less Than Potentially Significant Less than No Significant with Significant Impact Would the project: Impact Mitigation Impact p Incorporated a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 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 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: Petaluma General Plan 2025: Chapter 10.1 Natural Hazards, Petaluma General Plan DEIR Figures 3.7 -2 (Local Geology), 3.7 -4 (Ground Shaking Intensity), 3.7 -5 (Geological Hazards); Geotechnical Investigation for Basin Street Properties: Marina Apartments, Petaluma, CA, prepared by Miller Pacific Engineering Group, May 5, 2015; and Addendum to Geotechnical Report, prepared by Miller Pacific Engineering Group, August 12, 2015. Setting: The City of Petaluma lies within a seismically active region classified by the California Building Code (CBC) as Seismic Zone 4 where the most stringent CBC standards apply. Geologic hazards within the City of Petaluma are largely related to seismic ground shaking and associated effects such as liquefaction, ground failure, and seismically induced landslides. Principal faults in the vicinity of Petaluma are capable of generating large earthquakes that could produce strong to violent ground shaking. The Rodgers Creek Fault is located less than 5 miles to the northeast of the City. Although branches of the Rodgers Creek closest to the City are not historically active (within the last 200 years), they do show evidence of activity during the last 11,000 years, which is a relatively short time in terms of geologic activity. Expansive soils and soil erosion are also of general concern within the City of Petaluma. Expansive soil materials occur in the substrate of the clays and clayey loams in the City and represent a potential geologic I 0 -31 November 19, 2015 Page 31 of 81 hazard. Without proper geotechnical considerations, buildings, utilities and roads can be damaged by expansive soils due to the gradual cracking, settling, and weakening of older buildings. These effects create safety concerns and risk of financial loss. To reduce the risks associated with expansive soils, the City's Building Code, Chapter 18, requires that each construction site, intended for human occupancy, that is suspected of containing expansive soils be investigated and the soils be treated to eliminate the hazard. In light of the conditions found in Petaluma, a site - specific geotechnical engineering study was prepared by Miller Pacific Engineering Group on May 5, 2015. The purpose of the investigation was to identify any geotechnical constraints to consider when constructing a five story wood frame structure to house eighty dwelling units. Subsurface exploration was performed at the site on March 23 and March 27, 2015 and included six cone penetration tests (CPTs) and two borings. The subsurface tests generally confirmed the regional mapped geology. Subsurface conditions were found to consist of fill material over soft bay mud deposits, underlain by alluvial soils and bedrock. Groundwater was encountered at depths between ten (10) and eleven (11) feet below surface and should be expected at onsite excavations deeper than five (5) feet below grade. The primary geotechnical concerns identified in the report include strong seismic ground shaking, liquefaction, lurching and ground cracking, expansive soil and settlement. Supplemental information from the project's geotechnical engineer was subsequently provided on August 12, 2015 and included review of the FEMA Flood Insurance Rate Map (FIRM) and potential impacts of the foundation loading on the existing sanitary sewer force main proximate to the proposed apartment building structure. The findings of the Geotechnical Investigations are described below, also see the Hydrology and Water Quality discussion. Geolocly and Soils Impact Discussion: 3.6 (a.i.) (Faults) No Impact: The project site is not located within an Alquist - Priolo Earthquake Fault Zone and no known active faults directly traverse the site. Therefore, 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. Mitigation Measures: None Required. 3.6 (a.ii) (Ground- Shaking) Less Than Significant Impact: As is the case throughout the City's UGB, development has the potential to expose people or structures to substantial adverse effects from strong seismic ground shaking. The project site is located within Zone IX- Violent of the Mercalli Intensity Shaking Severity Level. In the event of a magnitude 7.1 earthquake, the project area and the City of Petaluma could experience severe ground shaking that could damage buildings, structures, infrastructure and result in the risk of loss of life or property. Conformance with Title 24 (California Building Code Standards) and the Seismic Hazards Mapping Ace as required by the 2013 California Building Code of regulations will assure that potential impacts from seismic shaking are less than significant. Mandatory compliance with standards set forth in the Building Code of Regulations, Title 24, Part 2 (the California Building Code 3.7 -20 Chapter 3: Setting, Impacts, and Mitigation Measures [CBC]) and the California Public Resources Code, Division 2, Chapter 7.8 (the Seismic Hazards Mapping Act) will ensure that potential impacts from seismic shaking are less than significant. Based on the geotechnical engineering study prepared for the project, the CBC parameters for a Site Class D apply, and will translate to specifications for foundation types, appropriate structural systems, and ground stabilization strategies. The geotechnical engineering study advances preliminary recommendations for compliance with Site Class D requirements. With utilization of Site Class D specifications and mandatory compliance with all other related building code standards as well as conformance with the recommendations set forth in a subsequent, mandatory project specific geotechnical report for construction purposes, the project would not expose a substantial number of people or structures to adverse effects, including the risk of loss, injury, or death resulting from strong seismic ground shaking. Therefore, the project will have a less than significant impact resulting from strong seismic ground shaking. Mitigation Measure: None Required. Page 32 of 81 November 19, 2015 3.6 (a.iii) (Ground Failure) Less Than Significant with Mitigation: 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 General Plan 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'. The geotechnical report prepared for the project states the site exhibits a "moderate liquefaction potential." Subsurface conditions at the project site are dominated by high plasticity clayey soils (fill and bay mud deposits) which are not susceptible to liquefaction. However, it is not unusual for bay mud deposits to contain discontinuous layers of sand or granular materials that may be susceptible to liquefaction. The uppermost portions of alluvial soils also exhibit a similar phenomenon and may contain a continuous sand layer that is potentially susceptible to liquefaction. Based on the subsurface exploration, lab testing, and engineering analyses, the liquefaction potential for the project site is determined to be moderate to high whereby total post - liquefaction settlements of less than three inches can be expected and differential settlements over areas less than 50 feet are expected to be one inch or less. The presence of a "cap" of non - liquefiable clayey soils identified atop potentially more liquefiable substrate minimizes the likelihood that the project would be subject to significant liquefaction settlement. In order to ensure that the project is able to adequately withstand liquefaction settlement, the project shall comply with Mitigation Measure GEO -1, which requires that the project adhere to foundation design recommendations outlined in the Geotechnical Report prepared by Miller Pacific Engineering. With the implementation of Mitigation Measure GEO -1, potential impacts relating to ground failure will be reduced to less than significant levels. Mitigation Measures: GEO -1. As determined by the City Engineer and /or Chief Building Official, all recommendations outlined in the Geotechnical Investigations dated May 5, 2015 and August 12, 2015 prepared for the subject property by Miller Pacific Engineering Group, including but not limited to, site preparation and grading, excavation, seismic design, and foundations system design are herein incorporated by reference and shall be adhered to in order to ensure that appropriate construction measures are incorporated into the design of the project. Nothing in this mitigation measure shall preclude the City Engineer and /or Chief Building Official from requiring additional information to determine compliance with applicable standards. 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. 3.6 (a.iv) (Landslide) 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 relatively flat and the proposed building pad will exhibit a setback of approximately 90 to 100 feet from the channel west of the project site. Based on the negligible slope of the site and the fact that the project will be located a sufficient distance from any sloped terrain, impacts related to landslides would be less than significant. Mitigation Measures: None Required. 3.6 (b) (Erosion) Less than Significant Impact: Development of the project site will require site preparation and grading activities that may result in soil erosion. As the project site and surrounding area has already been graded, paved and previously disturbed, the project has no potential to result in topsoil loss. Water and wind serve as the primary catalyst of soil erosion, with steeper slopes intensifying the effects. November 19, 2015 Page 33 of 81 Vegetation removal as part of the site preparation process as well as grading and ground disturbing activities associated with development can heighten the potential for and accelerate soil erosion. It is expected that site development will necessitate excavation to a depth of approximately 36 inches. All earthwork, grading, trenching, backfilling and compaction activities associated with the project are subject to the City of Petaluma's Grading and Erosion Control Ordinance. Similarly, these activities are also covered by the mandatory requirements of the National Pollution Discharge Elimination System (NPDES) General Permit which is implemented through a Storm Water Pollution Prevention Plan (SWPPP). Compliance with these mandatory requirements would prevent substantial soil erosion. Therefore, the project will result in a less than significant impact under this topic. Mitigation Measures: None Required. 3.6 (c) (Unstable Geologic Unit) Less than Significant with Mitigation: Lateral spreading, lurching and associated ground cracking can occur during strong ground shaking. Lurching and ground cracking generally occurs along the tops of slopes where stiff soils are underlain by soft deposits or along steep channel banks whereas lateral spreading generally occurs where liquefiable deposits flow towards a "free face ", such as channel banks, during an earthquake. Conditions susceptible to lurching and ground cracking exist along the western margin of project site, where slopes are adjacent to the existing outfall drainage channel. As such, the western portion of the project area may be susceptible to lurching and ground cracking because stiff /dense fill soils are underlain by soft bay mud deposits and /or liquefiable sand layers. Based on the geotechnical investigation prepared for the project, the risk of lurching, ground cracking and lateral spreading is moderate. The investigation states further that, in order to reduce potential impacts from lurching, the project should feature a deep foundation and be placed a minimum of 25 feet back from the top of the drainage channel. Implementation of Mitigation Measure GEO -1 above will ensure that the project complies with recommendations set forth in the geotechnical report including those related to foundation design and appropriate setback. With implementation of Mitigation Measure GEO -1 impacts related to unstable geologic units will be reduced to less than significant levels. Mitigation Measures: See Mitigation Measure GEO -1 above. 3.6 (d) (Expansive Soils) Less Than Significant Impact with Mitigation: The project's geotechnical investigation indicates that the onsite clay soils exhibit a moderate to high potential for expansion. Moderately expansive soils can undergo substantial volume changes (shrink and swell) as the soil moisture content changes. Changes in soil moisture content can result from seasonal variations in precipitation, perched groundwater, landscape practices, broken or leaking irrigation, utility lines or poor site drainage. The resultant soil volume change can incite differential movements (settlement or heave) of building foundations, slabs -on- grade, or flatwork supported on these soils. Adherence to those feasible recommendations, including any others derived through mandatory compliance with the Conformance with Title 24 (California Building Code Standards) through documentation including, but not limited to, construction drawings and companion geotechnical report for construction purposes, would ensure the project results in a less than significant impact from expansive soils. In order to reduce potential impacts due to the presence of expansive soils, Mitigation Measure GEO -1, set forth above shall be implemented. Specifically, construction techniques shall adhere to the recommendations set forth in the Geotechnical Investigation including that site preparation remove highly expansive soils within the upper three feet (beneath the proposed building footprint), the construction of specialized foundation systems and moisture cutoff barriers for the foundation systems, and focused attention to site drainage such as raising the building pad slightly and downsloping adjoining landscaped areas. Further, it is recommended that foundations be designed to account for at least some expansive soil movement. Adherence to those recommendations outlined in the project's geotechnical investigation and in accordance with Mitigation Measure GEO -1 above will ensure that potential impacts from expansive soils are reduced to less than significant levels. Mitigation Measures: See Mitigation Measure GEO -1 above. 10 - ?) 1A Page 34 of 81 November 19, 2015 3.6 (e) (Septic Tanks) No Impact: The proposed project will be connected to the existing sewer system that treats all wastewater effluent generated within the UGB. 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 system. Mitigation Measures: None Required. D -?,5 November 19, 2015 Page 35 of 81 4.7. GREENHOUSE GAS EMISSIONS Less Than Potentially Significant Less than Significant with Significant No Impact Would the project: Impact Mitigation Impact Incorporated a) Generate greenhouse gas emissions, either ❑ ❑ ® ❑ directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing ❑ ® ❑ ❑ the emissions of greenhouse gases? Sources: BAAQMD 2010 Clean Air Plan and BAAQMD CEQA Guidelines 2010 and 2012; Marina Apartments Air Quality and GHG Emissions Assessment prepared by Illingworth & Rodkin, April 13,2015; Marina Apartment Project, Petaluma - Air Quality and GHG Issues prepared by Illingworth & Rodkin, January 27 2016. Setting: Greenhouse gases (GHG) trap heat in the atmosphere, which in turn heats up the surface of the Earth. GHGs are generated both from natural geological and biological processes and through human activities including the combustion of fossil fuels and industrial and agricultural processes. Other than water vapor, the GHGs contributing to global climate change include carbon dioxide, nitrous oxide, methane, 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 also taken steps to address GHG emissions within its city limits. The City adopted Resolutions 2002 -117 and 2005 -118, which call for the City's participation in the Cities for Climate Project effort and established GHG emission reduction targets of 25% below 1990 level by 2015 for community emissions and 20% below 2000 levels by 2010 for municipal operations. 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. Additionally, the General Plan calls for the City to work with regional and other agencies to implement 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 Highway 101 annually and reduce greenhouse gases, which contribute to global warming, by at least 124,000 pounds per day. In 2013, the City adopted an update to the California Building Standards Code, which contains the mandatory California Green Building Standards Code (CalGreen). All new development within the City of Petaluma must comply with these standards, which generally achieve energy efficiency approximately 15% beyond Title 24. As such, new development is expected to be more energy efficient, use less resources and emit fewer GHGs. Impact Analysis: 3.7 (a) (Significant GHG Emissions) Less Than Significant Impact: Construction of the project 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 best management practices to reduce GHG emissions during construction. As stated under the air quality topic above, best management practices will be imposed on the project as a standard condition of approval. Accordingly, GHG emissions generated from the project's construction activities are considered to be less significant. I O -, ;� Page 36 of 81 November 19, 2015 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 Greenhouse Gas Emissions. However, 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) or service population of 4.6 MT /service population /year is used to evaluate the proposed project. Before conducting a detailed estimation of whether a project would have a potential for exceeding the GHG emission thresholds, the BAAQMD recommend applying screening criteria based on development type. The screening criteria were derived using default assumptions as well as modeling for indirect emissions (e.g., electric generation, solid waste, and water use). Projects below the screening criteria are considered to emit GHG emissions below the threshold of significance. Land Use Type Project BAAQMD Screen Level Above Screening Level? Apartment, Mid -Rise 80 90 units 78 units Yes Source: Table 3 -1, pg 3 -2 Bay Area Air Quality Management District 2010 CEQA Guidelines, May 2010. As the project unit count exceeds the BAAQMD screening level, a project specific GHG analyses wa ? analyses were conducted by Illingworth & Rodkin. The project's GHG emissions were estimated separately for the sources of operational emissions: (1) emissions associated with energy use and area sources, including electricity and natural gas, and area sources such as hearths and landscaping equipment; (2) emissions from vehicle use; (3) emissions associated with obtaining and consuming potable water; and (4) emissions associated with solid waste generation. The project's Class I bike path is not addressed in the emission analysis below since it would result in a beneficial impact by enabling and encouraging non - vehicle usage. Energy Use and Area Sources Emissions associated with energy use would arise from the combustion of fossil fuels to provide energy for the project. The energy use is associated with building electricity and natural gas usage. The electricity energy use is expressed in kilowatt hours (kWh) per size metric for each land use subtype. Natural gas use is expressed in kilo British Thermal Units (kBTU) per size metric for each land use subtype. At project build -out, the largest source of stationary GHG emissions would be electricity use. Projects that increase electricity consumption also result in an indirect increase in GHG emissions. The electricity use associated with the project was estimated using the 2012 rate reported in the California Climate Registry for PG &E, which is 445 pounds of CO2 per megawatt of electricity produced. The annual GHG emissions from energy use are estimated to be 101 metric tons of equivalent carbon dioxide (MT of CO2e) per years Approximately 4 MT of CO2e per year would result from other area sources (primarily natural gas hearths). Vehicle Use Mobile- source GHG emissions were based on the projected trip generation rate provided by W -Trans and used default CaIEEMod settings for all other inputs. Based on the default CalEEMod model for projects within Sonoma County, the total annual vehicle miles traveled (VMT) was estimated at 1,188,833 miles. Model defaults take into account federal Corporate Average Fuel Economy (CAFE) standards and Pavley I fuel efficiency standards. Emissions of vehicle GHGs were estimated to be 488 MT CO2e per year. 6 Carbon dioxide equivalency is a quantity that describes, for a given mixture and amount of greenhouse gas, the amount of CO2 that would have the same global warming potential (GWP), when measured over a specified timescale (generally, 100 years) November 19, 2015 1 c -37 Page 37 of 81 Water Usage Water demand is considered an indirect source of GHG emissions because of the energy required for the conveyance and treatment of water. CaIEEMod includes default GHG emission generation per gallon based on average values for northern California. The estimate of GHG emissions from water consumption for the project is 14 MT of CO2e per year. Solid Waste Generation Solid waste generated by the project would also contribute to GHG emissions. Treatment and disposal of solid waste produces methane, which is a greenhouse gas. The GHG emissions from solid waste generated by the project were estimated using CaIEEMod. The project would generate 17 MT of CO2e from solid waste per year. Summary GHG Emissions Operation of the proposed project will generate GHGs directly through energy consumption and indirectly through facilitating traffic generation. Assuming a build out date of 2017 and accounting for project generated traffic, energy usage, solid waste generation, and water consumption, the analysis found that approximately 624 702 MT CO2e /year would be emitted. As such, the project would not exceed the bright line significance threshold of 1,100 MT CO2e /year. Further, it was found that the per capita emissions would not exceed 2.9 MT of CO2e /year /capita which is below the threshold of 4.6 MT CO2e /year /capita. As such, GHG emissions generated by the project during operation will be less than significant. Mitigation Measures: None Required. 3.7 (b) (GHG Plan Conflict) Less Than Significant with Mitigation: The City of Petaluma has adopted 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. Most of these policies and programs do not relate directly to development projects. However, General Plan Policy 4 -P -9 does apply to the project and states, "Require a percentage of parking spaces in large parking lots be equipped to provide electric vehicle charging facilities." In order to ensure compliance with this General Plan policy and ensure a less than significant impact for this criterion, Mitigation Measure GHG -1, requiring the installation of electric charging facilities within onsite parking stalls, shall be implemented. Additionally, the project will comply with Title 24 Part 6 (Building Energy Efficiency Standards), Cal Green Modified Tier 1 Standards, which will help to minimize GHG emissions. No other element of the proposed project is expected to conflict or otherwise inhibit an adopted plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Therefore, potential impacts will be reduced to less than significant levels. Mitigation Measures: GHG -1: In accordance with Section A4.106.8.2 of the 2013 California Green Building Standards Code, the project shall provide at least 3% of the total parking spaces as capable of supporting future electric vehicle supply equipment. Of the spaces and equipment requirements of the California Green Building Standards Code and as required by City of Petaluma General Plan Policy 4 -P -9, the project shall be constructed to include electrical vehicle charging stations at a ratio of least 1% of the total parking spaces. Page 38 of 81 November 19, 2015 4.8. HAZARDS /HAZARDOUS MATERIALS f) For a project within the vicinity of a private Less Than airstrip, would the project result in a safety Potentially Significant Less than Would the project: Significant with Significant No Impact project area? Impact Mitigation Impact g) Impair implementation of or physically interfere Incorporated with an adopted emergency response plan or ❑ ❑ ❑ 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 ❑ ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ® ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or -waste within one - quarter mile of an existing or ❑ ❑ ❑ proposed school? d) Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ result, would create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport of public use airport, would the project result in a ❑ ❑ ❑ safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the ❑ ❑ ❑ project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? Sources: 2025 General Plan and EIR. Setting: Regulatory Setting Hazardous materials and waste management is implemented by a number of governmental agencies that have established regulations regarding the proper transportation, handling, management, use, storage, and November 19, 2015 Page 39 of 81 disposal of hazardous materials for specific operations and activities. Pursuant to the Planning and Zoning Law, the Department of Toxic Substances Control (DTSC) maintains a hazardous waste and substances sites list (e.g., Cortese List). Existing hazardous materials and /or waste within Petaluma include underground storage tanks, Polychlorinated Biphenyls (PCBs), asbestos, and pesticides. There are approximately sixty (60) open Leaking Underground Storage Tank (LUST) sites dispersed throughout the city. There are no identified "brownfield" properties in the city. Reuse and intensified use of former industrial and commercial areas, particularly in Central Petaluma, has the potential to expose one or more hazardous materials during demolition and /or excavation. Remediation of these hazards is necessary before rehabilitation or construction can begin. Hazardous waste management in Petaluma is administered by the Sonoma County Waste Management Agency (SCWMA) through the Countywide Integrated Waste Management Plan (CoIWMP). As required by State law, the General Plan includes the Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), Non - Disposal Facility Element (NDFE), as well as the Siting Element. State law requires that communities form a Consolidated Unified Protection Agency (CUPA) to manage the acquisition, maintenance, and control of hazardous waste by industrial and commercial business. In Petaluma, the Fire Marshall's Office administers the CUPA programs. Existing Conditions There are no hazardous waste disposal sites in the city. The Sonoma County Waste Management Agency (SCWMA), through the Countywide Integrated Waste Management Plan, conducts hazardous waste management programs. A new Households Toxics Facility recently opened at the Central Landfill (500 Mecham Road, Petaluma), where households and businesses within Sonoma County can drop off hazardous materials. In addition, community toxics collections are conducted in a different city each week by the SCWMA. These services are available to households and businesses that qualify as small quantity generators (i.e., generate a maximum of 100 kilograms (27 gallons or 220 pounds) or less of hazardous waste per month). Residential pick -up service is available by appointment. Review of available records, databases (EnviroStor and GeoTracker) and reports indicate that the project site is located within approximately 1,000 feet of two closed LUST cases located at Big 4 Rents (1731 Lakeville Hwy), and Baywood Shell Station (910 Baywood), and one open case, located at Metron Supergas (910 Baywood). The Metron Supergas Station is an open LUST Case and undergoing verification monitoring. An Environmental Site Assessment (ESA) was prepared for a nearby project (Altura Apartments) located at the corner of Baywood Drive and Perry Lane, by Youngdall Consulting Group in the spring of 2014. The ESA concluded that because petroleum hydrocarbons (i.e. gasoline) generated by a leaky underground storage tank (UST) are the only contaminant of issue at the Metron Supergas LUST Site and all identified contaminants fell below the RWQCB Tier 1 ESL, the open case at Metron Supergas is expected to qualify for RWQCB Low threat closure? in the foreseeable future. There is limited expectation that the subject site at 0 Marina Drive would be exposed to any contaminants or RECs by virtue of its proximity to the open LUST Case at 910 Baywood. There is no indication that the project site contains potentially hazardous materials. Impact Analysis: 3.8 (a -b) (Routine Transport, Upset and Accident Involving Release) Less Than Significant Impact: Site preparation, 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 there may be potentially hazardous materials onsite during construction, the applicant will 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 onsite use or generation of hazardous materials other than common household hazardous waste. Prior to the commencement of site preparation and construction activities, a Stormwater Pollution Prevention Plan (SWPPP) that includes Best Management Practices (BMPs) will be implemented in accordance with the 7 http: / /www.waterboards.ca.gov /water issues /programs /ust/lt_cls_pIcy.shtmI 10 -'qo Page 40 of 81 November 19, 2015 NPDES Permit requirements. BMP includes measures to prevent spills and require onsite materials for cleanup. Project conditions of approval specify that the applicant shall comply with all federal and state regulations as overseen by the City of Petaluma's CUPA. In the event that construction activities involve the on -site storage of potentially hazardous materials a declaration form shall be filed with the Fire Marshall's office and a hazardous materials storage permit must be obtained. The due compliance with Federal, State and Local regulations described above will ensure that hazards to the public or the environment through the routine transport, use, or disposal of hazardous materials will be less than significant levels. Mitigation Measures: None required. 3.8 (c) (Emit of Handle Within' /4 Mile of School) No Impact. The project site is located within one half mile of Miwok Elementary School. As a residential land use, the project would not emit or handle hazardous materials capable of impacting the school. Therefore, no impacts related to the emission or handling of hazardous, or acutely hazardous materials, within one - quarter mile of an existing or proposed school are expected. Mitigation Measures: None required. 3.8 (d) (Government Code §65962.5 Site) No Impact. The project site is not listed as a Cortese site. There is no indication of spills, leaks, or contaminated soils on the project site. Therefore, 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. Mitigation Measures: None required. 3.8 (e -f) (Public and Private Airport Land Use Plan) No Impact: The project is not located within the boundaries of an airport land use plan or located in close proximity to a private airstrip. The nearest airport is the Petaluma Municipal Airport located approximately 1.7 miles northeast of the project site. The project site is not subject to any safety restrictions from an adopted Airport Land Use Compatibility Plan. Therefore, no impacts associated with airport- related hazards are expected. Mitigation Measures: None required. 3.8 (g) (Impair Emergency Response Plan) 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 any emergency response or evacuation routes. Site plans include ingress and egress access that accommodate emergency vehicles and provide connectivity to the existing circulation and street system. Therefore, the proposed Project will have no impact on the emergency response plan or emergency evacuation plan. Mitigation Measures: None required. 3.8 (h) (Wildland Fire) No Impact: The project site, located in the Lakeville Planning Subarea within the UGB and is bounded by existing commercial 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 wildland fires are expected. Mitigation Measures: None required. 1D -' � November 19, 2015 Page 41 of 81 4.9. HYDROLOGY AND WATER QUALITY Would the project: 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 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 in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern on the site or area, including through the alteration of the course of a stream or 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? Less Than Potentially Significant Less than No Significant with Significant impact Impact Mitigation Impact ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ Sources: 2025 General Plan and EIR; and Preliminary Stormwater Mitigation Report, prepared by Steve Lafranchi & Associates, August 2015; Our Coast Our Future; and Federal Emergency Management Agency's Flood Insurance Rate Map. Io- 4z Page 42 of 81 November 19, 2015 Setting: The Petaluma River is the primary watercourse within the City of Petaluma and the Petaluma watershed (an area of approximately 46 square miles). The Petaluma River is tidally influenced and flows in a southeast direction into San Pablo Bay. The Petaluma River is used for recreational boating and water sports as well as long- standing river - dependent industrial operations. The Marina Apartment site is located adjacent to a 1,700 linear foot outfall channel west of the Parking Lot. The outfall channel is tidally influenced and connects directly to the Petaluma River via the Petaluma Marina. At the head of the outfall channel is a flap gate that controls drainage collected from the US 101 and residential subdivisions to the north. As previously mentioned, the adjacent outfall channel is considered a jurisdiction drainage feature pursuant to Section 404 of the Clean Water Act. Section 402 of the Clean Water Act regulates the discharge of pollutants to waters of the U.S. Locally, this is implemented through the National Pollution Discharge Elimination System ( NPDES) General Permit. Requirements apply to the project's construction activities (e.g. grading, grubbing, and other site disturbance). Construction activities on more than one acre (i.e. the project site) 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. The NPDES General Permit requirements also address post- construction conditions resulting from development including, but not limited to, through Low Impact Development (LID) requirements. Under LID requirements, new development, including the project, is required to mimic pre - developed conditions, protect water quality, and retain runoff from impervious surfaces onsite. Review of Federal Emergency Management Agency's Flood Insurance Rate Map (Figure 8, below, panel number 06097C1001G) identified that a portion of the project site is subject to inundation pursuant to flood Zone AE, where base flood elevations have been determined. Based on review of the site plans the parking lot area is within Zone AE, however the footprint of the proposed building is not located within Zone AE, rather it is identified as Zone X (outside of the 500 -year floodplain). Figure 8: Flood Insurance Rate Map November 19, 2015 Io -43, Page 43 of 81 Impact Analvsis: 3.9 (a, e, f) (Water Quality Standards, Stormwater Drainage System Capacity, Otherwise Degrade Water Quality) Less Than Significant Impact: The mandatory requirements of the NPDES General Permit apply to the project's construction and post- construction stormwater discharges. Prior to construction, the project applicant is required to file for coverage under the State Water Resources Control Board (SWRCB), Order No. 99- 08 -DWQ, NPDES General Permit No. CAS000002 for Discharges of Storm Water Runoff Associated with Construction Activity (General Permit). Mandatory requirements cover construction activities including, but not limited to, clearing, grading, excavation, stockpiling, and reconstruction of existing facilities involving removal and replacement of impervious surfaces (e.g., asphalt). Compliance is initiated through submittal of a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB) and carried out through a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP contains a site map, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP must also identify Best Management Practices (BMPs) to protect storm water runoff. The NPDES General Permit also includes performance standards for post- construction that are consistent with State Water Board Resolution No. 2005 -0006, "Resolution Adopting the Concept of Sustainability as a Core Value for State Water Board Programs and Directing Its Incorporation," and 2008 -0030, "Requiring Sustainable Water Resources Management." In short, standards require all construction sites to match pre - project hydrology to help ensure that the physical and biological integrity of aquatic ecosystems are sustained. This "runoff reduction" approach is analogous in principle to Low Impact Development (LID) and serves to protect related watersheds and water bodies from both hydrologic -based and pollution impacts associated with post- construction conditions. The preliminary stormwater mitigation report prepared for the project addresses post- construction treatment through the introduction of trees, removal of impervious paving, and bio- retention. Proposed stormdrains will capture runoff and convey flows to existing infrastructure located onsite and in the vicinity. With implementation of water quality control and wastewater discharge standards, including as they may be refined under the mandatory provisions of the NPDES General Plan, along with the SWPPP, the subject project will have less than significant impact relative to water quality standards. No other water quality degradations are expected to occur from the project development. As mentioned above, implementation of the required Stormwater Pollution Prevention Plan (SWPPP) will ensure that there are no other impacts to water quality due to the subject project. Mitigation Measures: None required. 3.9 (b) (Groundwater Supply and Recharge) Less Than Significant Impact: The City of Petaluma has historically used surface water, groundwater, and recycled water supplies to meet customer demands. The near -term supply strategy of the 2010 Urban Water Management Plan (UWMP) relies on surface water from the Sonoma County Water Agency (SCWA) and recycled water from the City's Ellis Creek water recycling facility. Groundwater is identified as a backup water supply source through the year 2035. The City of Petaluma does not rely on groundwater as a significant portion of supply due to specific yield and water quality limitations. Since 2000, groundwater has only been used for peak water demand needs or to minimize short -term supply cost impacts to customer rates. For example, in 2010, only six (6) of the existing twelve (12) active wells were used for production. Many of the groundwater wells are inactive due to low yields, poor water quality, or deteriorating well conditions. The active wells range in production from approximately 100 gallons per minute (GPM) to 1,063 GPM. From 2004 to 2006, the City of Petaluma reduced its groundwater use to zero. However, groundwater use was increased in 2007 and 2008 due to a temporary surface water supply shortage due to SCWA financial operational constraints. The 2010 UWMP states the City of Petaluma intends to only use groundwater in the future as emergency backup supply, peaking needs, or other short -term scenarios. While not yet determined, this Initial Study assumes that current drought conditions may warrant the use of groundwater to supplement existing supplies. Ld -L�ul Page 44 of 81 November 19, 2015 The City has adequate water supply resources to accommodate development of the subdivision without depleting, degrading or altering groundwater supplies or interfering substantially with groundwater recharge. The subject project would not result in the lowering of the aquifer or the local groundwater table. The project's water demands are consistent with water demands evaluated in the 2010 UWMP, which found sufficient water supplies are available to meet existing and planned future development within the UGB. Groundwater reserves will not be depleted due to the proposed development. Therefore, potential impacts to groundwater will be less than significant. Mitigation Measures: None required. 3.9 (c -d). (Drainage Pattern or Runoff) Less Than Significant Impact: The project would not alter the course of a stream or river. Currently, runoff sheet flows to the outfall channel and drainage inlets within the existing parking area. The introduction of new impervious surfaces onsite would not substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site. Rather, existing flow volume and direction would largely be retained. The proposed storm drain system will accommodate new surface flows resulting from impermeable surfaces onsite and is conditioned to be adequately sized to detain runoff from the 100 -year flooding event. Site grading for the apartment complex will direct storm water flows to private and public storm drain infrastructure. Stormwater runoff will be treated on -site and conveyed to public storm drains east of the site and to the outfall channel located west of the project site, respectively. Onsite drainage, consisting of appropriately sized pipes, is proposed to provide stormwater protection during storm events. The general direction and pattern of drainage proposed will match pre - development conditions. Existing storm drain facilities currently onsite and proposed as part of the project would effectively capture and evacuate the 10 -year event from the site. New storm drain systems onsite will not contribute runoff water that exceeds the capacity of the existing storm drain system. Therefore, impacts to the storm drain system would be less than significant. Additionally, a series of bio- retention areas in accordance with LID /BASMAA standards will be located along the periphery of the new building footprint. These features will provide for the filtration and removal of discharges from new impervious surfaces introduced by the project. The bio- retention areas are designed to increase percolation and to remove sediment from surface flows thereby preventing erosion and siltation. Therefore, the project will not result in a drainage pattern that causes substantial erosion or siltation on- or off - site; nor will it result in flooding on- or off -site. Thus, impact to drainage and runoff would be less than significant. Mitigation Measures: None required. 3.9 (g -i). (Flood Hazard) Less Than Significant Impact: Based on the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) Panel #06097C1001G (see Figure 7 above), effective October 2, 2015, a portion of the project site is located within the 100 -year flood plain. The 100 -year floodplain, identified as Zone AE extends into the parking lot adjacent to the outfall channel. Zone AE is subject to inundation by the 1- percent - annual- chance flood event. A portion of the site is also identified within Zone X, which is characterized as moderate to low flood risk areas (also known as non - special flood hazard areas). These are areas with flood elevations that have a 0.2 percent chance of being equaled or exceeded in any given year. The balance of the site is an area of minimal flood hazard. Due to site's elevations, the footprint of the proposed building is positioned more than 2.4 feet above the 100 - year flood plain at it's lowest point and extends to more than 3 feet at others. As such, flooding due to the 100 -year flood event would result in less than significant impacts. The project will not place housing or structures in a flood hazard area and, as a result, will not expose people or structures to risks related to flooding. Therefore, no structures developed as part of the subject project would impede or redirect flows within a 100 -year flood hazard area and any impacts would be less than significant. to -q5 November 19, 2015 Page 45 of 81 Sea Level Rise Due to the site's proximity to the Petaluma River and that the River is tidally influenced the site was considered relative to sea level rise. Although the project site is located adjacent to the Petaluma River, the finished grade is such that all proposed residential building would be well outside of the 100 -year floodplain plus consideration of sea level rise. The project is set back from the outfall channel and the Marina, which could exceed capacity under future sea level rise scenarios. Sea level rise is not uniform and is largely dependent on factors such as atmospheric and oceanic circulation, tectonics, and gravitational/ deformational effects generated by land mass changes. Sea level rise will most directly affect areas that are on the coast. However, as a tidally influenced river, the Petaluma River will also be affected. An extreme high tide event coupled with a storm event would result in the most elevated river levels. While the magnitude of sea level rise ranges widely, the San Francisco Bay Conservation and Development Commission (BCDC) have developed Sea Level Rise projections based on 16 inches of sea level rise by mid century (year 2050) and 55 inches of sea level rise at the end of the century (year 2100). BCDC generally suggests that the anticipated sea level rise projections largely correspond with today's 100 -year flood zone. Meaning that under reasonably foreseeable expectation of sea level rise, the 100 -year flood zone would be subject to flooding not just during a 100 -year flood event, but also during high tide. A 2010 report prepared by the National Research Council (Sea -Level Rise for the Coasts of California, Oregon, and Washington: Past, Present and Future) estimates sea level rise south of Cape Mendocino as approximately 24 inches by 2050 and 65.7 inches by 2100. In an effort to provide information on the project site's susceptibility to sea level rise, Figure 8, below, has been prepared showing the localized inundation potential assuming up to 5.7 feet (68.4 inches) of sea level rise. Based on the projected rates of sea level rise provided by BCDC and recent National Research Council estimates, this amount of sea level rise is not expected to occur until beyond year 2100 and is considered speculative as future sea level rise conditions can not be presumed with a high level of confidence. In considering sea level rise it is important to understand that FEMA's Flood Rate Insurance Map (FIRM), which provides the current 100 -year floodplain elevations, is based on the 1988 North American Vertical Datum (NAVD). The base flood elevation set forth on the FIRM is 9.0 feet NAVD (1988). However, the finished site elevations are based on NGVD8 1929, which are 2.7 feet lower than NAVD 1988. Accordingly, in order to relate the 1929 datum to the 1988 datum, a 2.7 -foot vertical datum shift must be applied. For example, the lowest site elevation is approximately 9.7 feet, which would translate to approximately 12.4 feet NAVD 1988. The vertical datum shift does not change the depth of the flooding hazards nor does it change the area of 100 year flood zone. Using the 1988 datum, the finished site elevations will range from a low of 12.4 feet in the eastern portion of the site to a high of 13.6 feet at the western portion of the site. Based on the elevation difference between the lowest finished site grade (12.4 feet) and the base flood elevation (10 feet), a minimum of up to 2.4 feet of sea level rise could be accommodated without flooding occurring onsite. To provide a visual representation on the project site's susceptibility to sea level rise relative to surrounding areas, the following series of figures have been prepared that show the inundation potential from sea level rise of 2.5 feet, 4.1 feet and 5.7 feet. In each of these scenarios, the project site remains sufficiently elevated to avoid the direct adverse effects of sea level rise. The seal level rise scenario maps were developed from the Our Coast Our Future website.9 8 Regulatory floodplains are defined by the elevation of the base flood in relation to the elevation of the ground. NGVD 29 stands for National Geodetic Vertical Datum of 1929. It is a system that was used by surveyors and engineers for most of the 20th century, but has been replaced by the more - accurate North American Vertical Datum of 1988 (NAVD 88). 9 Our Coast Our Future. "Interactive Map Tool." Online at: http: // data.prbo.org/ apps /ocof /index.php ?page= flood -map. ID_w� Page 46 of 81 November 19, 2015 Figure 9: Sea Level Rise Scenario Maps C®._�1 November 19, 2015 Page 47 of 81 Figure 8 shows that the Project site is sufficiently elevated and would remain outside of the inundation area under the various sea level rise scenarios. However, certain areas in proximity to the project site, including the outfall channel, lands adjacent to the marina, and the nearby open space area (Alman Marsh Trail) east of the site are subject to inundation. Under 5.7 feet of sea level rise, the project site remains sufficiently elevated to avoid inundation of habitable structures. It should be noted that projections of sea level rise beyond 55 inches (4.58 feet) is speculative at this time and cannot be anticipated with a high level of certainty. It should also be understood that due to the tidal nature of the Petaluma River inundation events would be associated with high tides and floodwaters would recede during lower tides. Thus, inundation would be periodic and temporary. Furthermore, given the time horizon there is adequate time for planning and adaptation to occur to protect against the future effects of sea level rise. Based on the review of the project, including its design and site elevations, the Marina Apartments Project Site is sufficiently protected from inundation associated with rising sea levels for the foreseeable future. This conclusion is based upon the existing 100 -year floodplain, the site's finished elevations, and projections of future sea level rise. As shown on Figure 8, the project site remains sufficiently elevated to avoid substantial inundation from 5.7 feet of sea level rise. Therefore, sea level rise would have a less than significant impact on project flooding. Mitigation Measures: None required. 3.9 Q). (Seiche, Tsunami, Mudflow) No Impact: The project area is not subject to inundation by seiche, tsunami or mudflow. The Petaluma River would not cause inundation due to seiche, tsunami or mudflow. Therefore, there will be no impact. Mitigation Measures: None required. i O_L{� Page 48 of 81 November 19, 2015 4.10. LAND USE AND PLANNING Potentially Less Than Less than No Significant Significant Significant Impact Impact Would the project: with Impact mitigation Incorporated El El ❑ a) Physically divide an established community? 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 General Plan Land Use and EIR; Figure 3.1 -2 Planning Subareas Plan; and the Petaluma Marina and Office Complex Planned Community Development. Setting: The project is located within the UGB, City limits, and the General Plan's Lakeville Highway Planning Subarea which consists of mix of a residential, commercial and industrial land uses. The General Plan designates the project site as Mixed -Use which allows for an FAR of 2.5 and a maximum density of 30 dwelling units per net acre. The project site is zoned Planned Community Development (PCD) and is subject to the Petaluma Marina and Office Complex PCD. As part of the project the PCD is proposed to be amended to specifically allow for a residential land use designation at density consistent with what is currently allowed under the General Plan Mixed -Use designation. Impact Analysis: 3.10 (a) (Divide An Established Community) No Impact: The project proposes the development of a currently underutilized lot that is surrounded by existing commercial /public development similar in scale and density to the proposed apartment complex. Division of an established community typically occurs when a new physical feature, in the form of an interstate or railroad, physically transects an area, thereby removing mobility and access within an established community. The division of an established community can also occur through the removal of an existing road or pathway, which would reduce or remove access between a community and outlying areas. The redevelopment of the subject site and the zoning amendment to allow for residential development would not depart substantially from the surrounding established uses and will provide continuity within the existing neighborhoods. The Project site is located within the Petaluma River Access and Enhancement Plan (1996).The Plan requires a pedestrian and bicycle path parallel to the Lakeville along the northern property boundary, and a pedestrian and bicycle path along the western extents of the project site parallel to the outfall channel. The requisite access paths were both previously constructed; a path along the northerly property line was constructed in 2002 along with parking lot improvements, whereas the off -site, westerly path, has long existed as a gravel path along the outfall channel and was further improved in 2002. The project will retain the established paths and maintain connectivity between the uses. Therefore, the project will have no impacts due to physically dividing an established community. Mitigation Measures: None required. (O -4� November 19, 2015 Page 49 of 81 3.10 (b) (Land Use Plan, Policy, Regulation Conflict) Less Than Significant Impact with Mitigation: The project site is located within the Marina PCD which exhibits a General Plan Land Use Designation of Mixed Use. The Marina PCD currently does not assume residential development and would be amended to permit multi - family dwelling with a conditional use permit. The project would also result in the construction of a Class I bike path within the Marina PCD at APN 005 - 060 -065. An overall mix of commercial, office, public land uses, and residential (provided by the project) would be consistent with the General Plan designation of Mixed -Use. As proposed the project achieves the intent of the PCD by providing a robust mix of uses, adhering to design guidelines, and contributing to the viability of the Marina Complex. The project's Class I bike path would implement a planned segment delineated at General Plan Figure 5 -2 (Proposed and Existing Bicycle Facilities) and in doing so ensure consistency with General Plan Policies 5 -P -15 5 -P -22 5 -P -25 5 -P -27 and 5 -P -31 The project would serve as infill within the Marina PCD and achieve GP Goal 1 -P -1, which encourages the efficient development of underutilized lands through infill that is equal to or higher than that of surrounding land uses. Further, the site is conducive to residential development based on its proximity to Hwy 101 which encourages efficient travel. It is also within walking distance to public transit and provides access to public recreational infrastructure including docks, public trails, and parks. The project will also strengthen the visual and aesthetic character of a major arterial corridor (Hwy 101) through infilling on an undeveloped parcel, thereby complying with General Plan Policy 2 -P -5. Last, the project will introduce new development between the Marina and Lakeville Highway, which will be compatible with the existing uses and expand the current variety of uses within the PCD thereby achieving General Plan Policy 2 -P -30. As proposed, the project will introduce 90 90 dwelling units onto a 2.16 acre parcel. At the allowed density of 30 units to the acre, the project site could accommodate 64 units. As the project proposes an 80 -un +t 90 -unit development, there would be a potentially significant impact due to a conflict with the allowed density. In order to mitigate this potential impact and ensure consistency with the General Plan allowed density, Mitigation Measure LU -1 shall be implemented. Mitigation measure LU -1 provides a means by which to achieve the allowed density of 30 units to the acres. This could be accomplished through any of the following means: 1) a lot line adjustment to APN 005 - 060 -089 where at least 0.51 acres are added to the subject project site, thereby increasing the total site acreage to 2.66 acres; 2) a reduction of density from 80 URits 90 units to 64 units, which is the maximum density allowed on a 2.16 acre parcel; or 3) a density bonus granted for the provision of including affordable dwelling units onsite. With implementation of LU -1 the project would conform with the General Plan land use density for mixed -use land of 30 units to the acre. Thus, the project would not conflict with regulations and policies set forth in the Petaluma General Plan 2025, Marina PCD (as amended), or any other applicable regulation. Implementation of mitigation measures listed throughout this document as well as LU -1 ensures consistency with applicable land use policies, zoning requirements, and ordinances. Therefore, the project would result in less than significant impacts due to conflicts with the City's general plan and zoning regulations. Mitigation Measures: LU -1: Achieve a density of not more than 30 -units per acre pursuant to the General Plan Land Use designation of Mixed -Use through any of the following means: 1) a lot line adjustment to APN 005- 060 -072 where at least 0.51 acres are added to the subject project site, thereby increasing the total site acreage to 2.66 acres; 2) a reduction of density from 80 units 90 units to 64 units, which is the maximum density allowed on a 2.16 acre parcel; 3) a density bonus granted for the provision of including affordable dwelling units onsite; or 4) other acceptable provision. 3.10 (c) (Habitat Conservation Plan) No Impact: The project is not subject to a habitat conservation plan or a natural community conservation plan. There are no conservation plans that apply to the UGB. Therefore, the project will have no impact to any conservation plan or natural community plan. Mitigation Measures: None required. Page 50 of 81 November 19, 2015 4.11. MINERAL RESOURCES Would the project: 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 General Plan and EIR. Mineral Resources Impact Discussion: Potentially Significant Less than No Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ ❑ ❑ ❑ ❑ 3.11 (a -b). (Mineral Resources or Plan) 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. November 19, 2015 to -5( Page 51 of 81 4.12. NOISE Less Than Potentially Significant Less than No Significant with Significant Would the project result in: Impact Mitigation Impact Impact 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 of 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 ❑ ® ❑ ❑ 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 General Plan; GP EIR; and Environmental Noise Assessment prepared by Illingworth & Rodkin, April 8, 2015. Setting: Noise sources within the City's Urban Growth Boundary (UGB) include vehicular traffic along roadways and Highway 101, 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 commuter rail service will contribute to noise levels within the UGB. For the project site, vehicular traffic on nearby roadways (e.g., US 101, Lakeville Highway /SR 116, Baywood Drive) is considered to be a potentially significant noise source. Implementing Zoning Ordinance (IZO) §21.040(A)(3)(a) limits noise generating construction activities to the hours of 7:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. For daily operational noise, both the General Plan and IZO provides guidelines and standards for acceptable levels. IZO §21.040(4)(A) 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. Allowable levels are adjusted to account for existing ambient noise levels though the maximum allowed noise level may not exceed 75 dBA after adjustments are made. The General Plan applies an exterior noise level standard of 65 dB CNEL at outdoor activity areas of new residential land uses exposed to transportation noise sources (i.e., traffic). The intent of this standard is to provide an acceptable exterior noise environment for outdoor activities. For multi - family residential uses, such as the proposed project, these limits are normally applied at the common outdoor activity areas. The common �O -5�_ Page 52 of 81 November 19, 2015 outdoor activity area of this project would be the courtyard area at project frontage. The General Plan applies an interior noise level standard of 45 dB CNEL or less within dwellings. The intent of this interior noise limit is to provide a suitable environment for indoor communication and sleep. Existing Noise Conditions The existing noise environment at the Marina Apartments Project site is largely influenced by vehicular traffic noise generated by vehicles traveling along Lakeville Highway (to the north of the project site) and U.S. 101 (to the west of the project site). In order to quantify the existing noise environment and project future noise levels, a noise monitoring survey was conducted by Illingworth & Rodkin between March 24, 2015 and March 26, 2015. The noise monitoring survey included two long term noise measurements and two short term measurements. The measurement locations are illustrated on Figure 10 below. The purpose of the continuous noise level survey was to determine existing traffic noise exposure on the project site in terms of the Community Noise Equivalent Level (CNEL). The long term noise measurements were taken at the northwest (LT -1) and southwest (LT -2) corners of the project site and indicated day -night average noise levels of 70 dBA Ldp and 66 dBA, Ldp, respectively. In addition, two short term measurements were taken at the northern portion of the site to quantify noise levels influenced by Lakeville Highway. The short term measurements indicated a ten minute average noise level between 57 dBA Leq and 69 dBA Leq as measured 190 feet from the centerline of Lakeville Highway and between 57 dBA leq and 71 dBA Leq as measured 160 feet from the centerline of Lakeville Highway. Figure 10: Noise Measurement Locations Impact Analysis: 3.12 (a) (Noise Standards) Less Than Significant Impact with Mitigation: Exterior Noise Levels The noise environment at the project site is primarily influenced by vehicular noise generated along Lakeville Highway and U.S. Hwy 101. In the future increased traffic along Lakeville Highway and Highway 101 could 10-S'12 November 19, 2015 Page 53 of 81 result in elevated noise levels up to 2 dBA. The noise assessment found that noise levels at first through fifth story apartment units located adjacent to Lakeville Hwy and U.S. 101 would exceed the City of Petaluma's "normally acceptable" noise and land use compatibility goal of 65 dBA Ldp. The outdoor courtyard, however, will be shielded from US 101 noise and partially shielded from Lakeville Highway noise from intervening terrain such that the noise levels in the exterior courtyard would meet the City's normally acceptable exterior noise level limit of 65 dBA Ldp. Interior Noise Levels It is expected that unshielded facades of the proposed apartment building facing Lakeville Highway may be exposed to noise levels of 72 dBA at the first floor and 73 dBA at upper floors. Typical construction techniques generally achieve a noise reduction of 15 dBA with windows partially open and can achieve an exterior to interior reduction of up to 25 dBA with windows closed. Since portions of the fagade would be exposed to noise levels in excess of 65 dBA, there is a potential that indoor noise level will not achieve the standard of 45 dBA, which would be considered a potentially significant impact. In order to reduce noise levels to acceptable levels, the project shall implement mitigation measure NOI -1, which requires the incorporation of forced air mechanical ventilation systems in residential units, allowing for windows to be closed to control for noise intrusion from Lakeville Highway and Hwy 101. Based on preliminary calculations a standard insulated stud wall with wood exterior and sheetrock interior (STC 39) is expected to be satisfactory. However, interior noise levels vary depending on the construction materials, technique and final building envelope. In order to ensure that the City's noise standards are achieved, Mitigation Measure NOI -1 also requires design level analysis demonstrating interior level of 45 -dBA or less. Minimum STC rating of 28 and STC 30 -32 are recommended in the preliminary noise report on a unit by unit basis. The minimum STC sound rated windows and doors as recommended would be effective in reducing noise levels below established standard. With implementation of mitigation measure NOI -1 below, interior noise levels can be reduced to below 45 dBA. Therefore, impacts due to exposure to excessive noise level would be mitigated and impacts would be less than significant. Mitigation Measure: NOI -1. All apartment units shall be equipped with mechanical ventilation systems in order to achieve interior temperature controls without the need to open windows. Additionally, sound rated windows and doors shall be required and design level acoustical analysis shall be performed showing that interior noise levels of 45 -dBA or below are achieved. 3.12 (b) ( Groundbourne Vibration and Noise) Less Than Significant Impact: As a residential apartment complex, the project will not introduce a substantial new source of groundbourne vibration or noise. Noise levels are expected to be compatible with the surrounding established uses. Given the proposed use and the existing ambient noise environment, the introduction of 30 90 new apartment units would have less than significant impacts due to groundbourne vibration and noise. Mitigation Measure: None required. 3.12 (c) (Ambient Noise Levels) Less Than Significant Impact: The proposed long -term use of the apartment complex is residential. This land use would not generate noise levels that would substantially increase the ambient noise environment in the project vicinity. As an 80 uni 90 unit apartment complex, the project would not generate enough traffic to create a perceptible change in traffic noise in the vicinity of the project site. No substantial long -term increase in ambient noise level is expected as a result of project implementation. The noise levels associated with the occupation of the proposed apartments are not expected to be out of character with typical residential uses and would be similar to that of the existing uses in the project vicinity. Therefore, the project would have a less than significant impact as it would not result in a permanent substantial increase to the ambient noise environment. Mitigation Measure: None required. 3.12 (d) (Temporary or Periodic Noise Increase) Less Than Significant Impact With Mitigation: The 10 - 54 Page 54 of 81 November 19, 2015 noise report prepared by Illingworth & Rodkin did not specifically evaluate construction noise levels as there are no sensitive receptors in close proximity to the project site. The nearest sensitive receptors are residential land uses located approximately 700 feet from the site. 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 apartment complex would result in temporary noise disturbances, including groundborne vibration during site grading and development activities. Primary noise sources associated with construction include the operation of heavy -duty construction equipment, material delivery, and haul trips. Construction related noise impacts are typically only occasionally intrusive and cease once construction is complete. Noise generated during construction would vary depending on the construction phase and the type and amount of equipment used at the construction site. Based on the recommendations set forth in the geotechnical report, it is expected that construction activities will include pile driving for deep foundations. Pile driving is expected to occur over a two -week period and may result in occasionally intrusive noise level. Construction activities that would generate noise include site grading, excavation, hauling of cut material, foundation work, and to a lesser extent framing, and exterior and interior finishing. The highest noise levels would be generated during pile driving and grading of the site, with lower noise levels occurring during building construction and finishing. The following table presents typical ranges of the energy - equivalent sound noise levels (Leq) at 50 feet, for domestic housing production. Table 4: Construction Phase Noise Levels Construction Phase Construction Equipment Ground Clearing 83 Excavation 88 Foundations 81 Erection 81 Finishing (Paving) 88 Source: US EPA, Legal Compilation on Noise, Vol. 1, p. 2 -104, 1973. Typical Ranges of Noise Levels (dBA) at 50 Feet from Construction. Table 4 above illustrates that construction of the project would increase ambient noise levels during all phases of construction activities. Noise would be generated by trucks delivering and recovering materials at the site, grading and paving equipment, saws, hammers, the radios and voices of workers, and other typical provisions necessary to construct a residential housing project. When demolition, ground clearing, excavation, paving, pile driving and foundation work are occurring, noise levels may be occasionally intrusive. Although not expected to impact sensitive receptors due their location, more than 700 feet from the site, the nearby commercial and hotel uses will be exposed to elevated noise levels during construction that may occasionally be intrusive. In an effort to minimize noise generated by construction activities, the project shall implement NOI -2 below which requires compliance with the City of Petaluma Noise Ordinance including limits on the hours of construction, provisions to properly muffle and maintain construction equipment, limit vehicle idling time, and shield /screen equipment to reduce noise attenuation, amongst others. Adherence to NOI -2 below will ensure that potential noise impacts due to temporary construction noise and /or groundborne vibration are reduced to less than significant levels. Mitigation Measure: NOI -2. Construction activities shall comply with the following measures and all shall be noted on construction documents: 1. Construction Hours /Scheduling: The following are required to limit construction activities to the portion of the day when the number of persons in the adjacent sensitive receptors are lowest: a. Construction activities for all phases of construction, including servicing of construction I D-55' November 19, 2015 Page 55 of 81 equipment shall only be permitted during the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and between 9:00 a.m. to 10:00 p.m. on Saturdays, Sundays and on all holidays recognized by the City of Petaluma. b. Delivery of materials or equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above. 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 the Marina and Hotel. Acoustically shield such equipment when it must be located near other occupied uses. 5. Quiet Equipment Selection: Select quiet construction 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. Generators: No generators shall be utilized during nighttime hours (Le., sunrise to sunset) to power equipment (e.g., security surveillance) when normal construction activities have ceased for the day. All such equipment should be powered through temporary electrical service lines. 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. 3.12 (e -f) (Airport Noise) 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 and would therefore not expose people residing or working in the project area to excessive noise levels. 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 Measure: None required. 0-5b Page 56 of 81 November 19, 2015 4.13. POPULATION AND HOUSING: Would the project: Less Than Potentially Significant Significant with Impact Mitigation Incorporated Less than Significant Impact No Impact p a) Induce substantial growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ® ❑ indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ ❑ elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ Sources: 2025 General Plan and EIR; City of Petaluma 2015 -2023 Housing Element, Setting: The 2025 General Plan contemplates 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. The project would add W 90 new market rate dwelling units. The project site is not identified on the City of Petaluma Residential Land Inventory Opportunity Sites, Appendix A to the City of Petaluma 2015 -2023 Housing Element, prepared December 2014. Nonetheless, the introduction of 80 90 new market rate rental apartments would add to the City's housing stock. Impact AnalVsis: 3.13 (a) (Substantial Growth) Less Than Significant Impact: The project site is located within the UGB and will not directly or indirectly induce substantial growth. The project proposes the construction of 80 90 residential units on an underutilized site. The projected population does not constitute a substantial increase and remains sufficiently below the General Plan 2025 population projections. The proposed apartment complex is substantially surrounded by existing development and serves as one of the few remaining undeveloped parcels within the Marina PCD. As such the project is not expected to promote further development beyond what is proposed for the project site. The extension of utilities will be limited to provide services to the subject property and will not extend services to areas where services were previously unavailable. Therefore, the project will have less than significant impacts related to growth inducement. Mitigation Measures: None required 3.13 (b -c) (Housing or Person Displacement) No Impact: At present the project site is vacant except for a paved parking lot around the periphery of the site. The Project will not displace any existing housing units or people, necessitating the construction of replacement housing elsewhere. The project helps to implement the City's Housing Element by contributing 90 90 at market units to the existing housing stock within the City of Petaluma. Therefore, the project will have no impacts that displace people or existing housing. Mitigation Measures: None required. 10-5-7 November 19, 2015 Page 57 of 81 4.14. PUBLIC SERVICES: Less Than Potentially Significant Less than Significant with Significant No 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 General Plan And EIR. Setting: The City of Petaluma charges one -time impact fees on new private development in order to offset the cost of improving or expanding City facilities to accommodate the demand generated by new development. Impact fees are used to fund the construction or expansion of needed capital improvements. Petaluma also collects impact fees for open space, parkland, and other amenities. Development impact fees are necessary in order to finance required public facilities and service improvements and to pay for new development's fair share of the costs of the required public facilities and service improvements. Impact Analysis: 3.14 (a -b) (Fire & Police Protection) Less Than Significant Impact: The project site is located in the Lakeville Planning Subarea in an existing Mixed -Use area that is well served by public services. The increase in residents resulting from the proposed Marina Apartment Complex may provide for a slight increase in demand for police and fire service. However, new demands on fire and police service have been previously anticipated as part of General Plan build out and are accounted for with the Fire Suppression Facilities impact fee and Law Enforcement Facilities Fee that are intended to offset the impacts of growing demand for fire and policing services. General Plan policy 7 -P -19 establishes a four minute travel time and a six minute response time for emergencies within the city. The project is located approximately 1.5 miles from Fire Station 2, at 1001 N. McDowell Boulevard at Corona Road. The project is within the response radii (see GP EIR figure 3.4 -2) and travel time is achievable within the targeted 4 minutes. The project is consistent with the General Plan 2025 because of the redundancy of approach access, the ability of emergency response vehicles to override traffic controls with lights, sirens, and signal pre - emption, and their ability to travel in opposing travel lanes in congested conditions. The addition of project trips to the adjacent grid street network is not expected to cause a reduction in travel speeds sufficient to cause significant delays for emergency vehicles. )o—G$ Page 58 of 81 November 19, 2015 Although additional fire and /or police service calls may occur as a result of the project, substantial new fire protection or police protection facilities will not be warranted to maintain necessary levels of service. As a standard condition of project approval, the applicant shall pay all development impact fees applicable to a residential development project, including fire suppression facilities and law enforcement facilities impact fees. These funds are sufficient to offset any cumulative increase in demands to fire and police protection services and ensure that impacts from new development are less than significant. Mitigation Measures: None required. 3.14 (c) (Schools) Less Than Significant Impact: The Project will not result in substantial adverse physical impacts or require new school facilities. The project site is located within the Old Adobe Elementary School District and in close proximity to Miwok Valley Elementary School. The General Plan projects that the Old Adobe Elementary School District will experience a minimal increase in enrollment, but that projected enrollment would not exceed the existing capacity of the public elementary schools located within the city limits. Overall, the projected enrollment for public elementary schools would decline and would utilize 93.9 percent of current capacity. Based on current capacities sufficient school facilities are in place to accommodate any minor increase in enrollment associated with development of the Marina Apartments. The project is subject to the payment of statutory school impact fees to offset any cumulative impacts on the school system. Therefore, the proposed Project will have less than significant impacts to schools. Mitigation Measures: None required 3.14 (d) (Parks) Less Than Significant Impact: The City has adopted a citywide parks standard of 5 acres of parkland per 1,000 residents. Miwok Park is located approximately 0.6 miles northeast of the project site, Rocky Memorial Dog Park is located approximately 0.8 miles east of the project site, and Schollenberger Park is approximately 1.2 miles southeast of the project site. All the parks provide recreational opportunities to future residences. The Marina Apartment Complex, proposing the construction of 99 90 units comprised of one, two and three bedroom dwellings will not constitute a substantial growth in population and existing park facilities are expected to be sufficient to meet active and passive recreational demands of new residents. A substantial adverse impact to park facilities is not expected to occur from implementation of the subject project. Therefore, impacts to park lands due to the project will be less than significant. Mitigation Measures: None required 3.14 (e) (Other Public Facilities) No Impact: The Project will not result in substantial adverse impacts associated with any other public facilities. The proposed project area is surrounded by established Mixed -Use development and is well served by existing public services. The project will not generate a substantial increase in demands that warrant the expansion or construction of new public facilities. Therefore, no impacts related to other public facilities are expected. Mitigation Measures: None required. � 0-5) November 19, 2015 Page 59 of 81 4.15. RECREATION Would the project: Potentially Significant Impact 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: Fiqure 6 -1 Parks and Open Space; and EIR. Settinq: Less Than Significant Less than with Significant No Impact Mitigation Impact ❑ ® ❑ ❑ ❑ The City of Petaluma contains approximately 1,400 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. Parkland development and open space acquisition impact fees are required and offset any cumulative impacts of new development on recreational resources. Impact Analysis: 3.15 (a) (Park Deterioration) Less Than Significant Impact: The proposed project may result in a minimal increase in the use of nearby parks which include Miwok Park, Rocky Memorial Dog Park, Schollenberger Park, and designated open space areas; all of which are located within approximately 1.5 miles of the project site. The nearby parks have sufficient capacity to accommodate additional use by new residents. Increased patronage to Rocky Memorial, Miwok, and Schollenberger, open space areas, and /or other parks within the UGB would not result in substantial physical deterioration of facilities nor would deterioration be accelerated. The project is not expected to substantially increase the use of existing parks or recreational facilities, therefore impacts would be less than significant. Mitigation Measures: None required. 3.15 (b) (Recreation Facilities) No Impact: The project does not include active recreational facilities and does not require the construction or expansion of recreation facilities. There is an existing public gravel path located along the perimeter of the site, adjacent to the outfall channel. There are no improvements proposed to this public path, which will remain accessible to the public including new residents onsite. Therefore, the project is not expected to result in any adverse impacts related to the construction or expansion of recreational facilities. Mitigation Measures: None required. (,0 -bo Page 60 of 81 November 19, 2015 4.16. TRANSPORTATION AND CIRCULATION Would the project: Potentially Significant Less than Significant with Significant No Impact Impact Mitigation Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel 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 General Plan and EIR; GP Figure 5 -1; Traffic Study prepared by W- Trans, May 7, 2015; and revised July 29, 2015, with subsequent memo, Marina Apartments Traffic Study Additional Baseline Project, provided November 2, 2015; and Shared Parking Analysis for the Marina Apartments Project prepared by W- Trans, May 6, 2015 and revised July 29, 2015; Traffic and Parking Implications of the Marina Apartments Project with 90 Units prepared by W- Trans, January 25, 2016. Setting: The City of Petaluma is bisected by U.S. 101, which serves as the primary route between San Francisco and Marin and Sonoma Counties. U.S. 101 accommodates over 92,000 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 provides the following policies with regard to mobility: Policy 5 -P -8 The priority of mobility is the movement of people within the community including the preservation of quality of life and community character. A. Develop formal transportation impact analysis guidelines that consider multi -modal t0_� I November 19, 2015 Page 61 of 81 impacts of new developments. B. Develop and adopt multi -modal level of service standards that examine all modes and vary the standards by facility type to imply a preference to selected modes based upon the context (including street type and location). C. LOS analysis data shall utilize the peak hour (60 minutes) rather than the peak period (15 minutes) for determining intersection LOS. Policy 5 -P -10 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. A. A lower Level of Service may be deemed acceptable, by the City, in instances where the City finds that potential vehicular traffic mitigations (such as adding additional lanes or modifying signal timing) would conflict with the Guiding Principles of the General Plan, particularly with regard to: • Guiding Principle #2. Preserve and enhance Petaluma's historic character. • Guiding Principle #6. Provide a range of attractive and viable transportation alternatives, such as bicycle, pedestrian, rail and transit. Guiding Principle #7. Enhance Downtown by preserving its historic character, increasing accessibility, and ensuring a broad range of business and activities and increasing residential activities. The above does not relieve any need to mitigate development related impacts, which may include multi -modal improvements to reduce identified impacts. Because the City of Petaluma has not implemented General Plan Policy 5 -P -8, this Initial Study addressed LOS with respect to passenger vehicles only. When assessing the LOS of passenger vehicles, this Initial Study applies the following thresholds of significance of the General Plan EIR: City Roadway and Intersection Impact Criteria Traffic impacts are identified as significant if the project would cause: 1. Operations (LOS) at a signalized intersection to deteriorate from an acceptable level (LOS C or better) under conditions without the project to an unacceptable level (LOS D, E, or F); 2. For signalized intersections that operate at an LOS D or E under conditions without the project, the LOS to deteriorate to the next lowest level; 3. For signalized intersections operating at LOS F without the project, any additional vehicle trips to the intersection; 4. For unsignalized intersections operating acceptably (LOS C or better) under conditions without the project, the LOS to deteriorate to unacceptable (LOS D, E, or F) conditions AND the traffic volumes at the intersection would satisfy the Caltrans peak -hour volume warrant criteria for traffic signal installation; or 5. For unsignalized intersections operating at unacceptable levels (LOS D, E, or F) under conditions without the project, average delay to increase by five or more seconds AND the traffic volumes at the intersection would satisfy the Caltrans peak -hour volume warrant criteria for traffic signal installation. .r Page 62 of 81 November 19, 2015 U.S. 101 Impact Criteria Significant traffic impacts on freeway segments are identified as when a project causes: 1. The volume on the freeway segment to exceed its capacity (Cause LOS E or better to deteriorate to LOS F); or 2. An increase in the amount of traffic on a freeway segment already exceeding its capacity by more than one percent of the freeway segment's design capacity. Existing Conditions Passenger Vehicles The project is located east of U.S. 101 and south of Lakeville Highway, in the northwest corner of the Petaluma Marina. The Lakeville Highway /SR 116 is a regional roadway owned /maintained by Caltrans. The Traffic Impact Study (TIS) prepared for the project addresses LOS at the following six (6) study intersections: 1. Lakeville Street/East Washington Street 2. Lakeville Street/D Street 3. Lakeville Street/Caulfield 4. Lakeville Highway /US 101 South Ramps 5. Lakeville Highway /US 101 North Ramps 6. Lakeville Highway /Baywood Drive The location of these study intersection in relation to the project is shown at Figure 11 below. The existing LOS for each study intersection without the project is shown at Table 5 below. Figure 11: LOS Study Intersections for Project tco " (�3 November 19, 2015 Page 63 of 81 ITable 5: EXISTING PEAK HOUR INTERSECTION L:EVELS,OF SERVICE AM Peak L PM Peak Study Intersection Delay LOS Delay LOS 1. Lakeville SUE Washington St 33.1 C 39.0 D 2. Lakeville St/D St 42.8 D 35.9 D 3. Lakeville St/Caulfield St 30.6 C 28.1 C 4. Lakeville Hwy /US 101 South Ramps 33.3 C 34.8 C 5. Lakeville Hwy /US 101 North Ramps 10.7 B 33.8 C 6. Lakeville Hwy / Baywood Dr 16.0 B 19.4 B Source: Traffic Impact Study for the Marina Apartments by W- Trans, dated July 29, 2015. Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service. In addition to the six study intersections, the project's TIS also addressed the following freeway segments of the US 101: (a) East Washington Boulevard to Lakeville Highway; and (b) Lakeville Highway to Petaluma Boulevard South. Existing peak period volumes for these segments without the project are shown at Table 6 below. Source: Traffic Impact Study for the Marina Apartments by W- Trans, dated July 29, 2015. Notes: 2013 All Traffic Volumes on California State Highway System, Traffic Data Branch, Caltrans. Pedestrian Facilities Pedestrian facilities include sidewalks, crosswalks, pedestrian signal phases, curb ramps, curb extensions and various streetscape amenities such as lighting, benches, etc. In general, a network of sidewalks, crosswalks, pedestrian signals, and curb ramps provide access for pedestrians in the vicinity of the project. Pedestrian facilities in the immediate vicinity of the project site include: Lakeville Highway (SR -116) — Sidewalks existing along the site's frontage to Lakeville Highway. A sidewalk on one or both sides of Lakeville Highway provides for connectivity towards downtown. • Class I Trail - There is an existing Class I trail along the site's frontage, south of Lakeville Highway. The Class I trail extends along the northern portion of the site and terminates at Baywood Drive. There is currently a gap in the sidewalk between the Class I trail and the sidewalk present along Baywood Drive. A pedestrian crosswalk is currently lacking where the Class I trail intersects with the westernmost driveway access off of Lakeville Highway. 10 - (OW Page 64 of 81 November 19, 2015 Bicycle Facilities In the project area, existing bicycle facilities are located on Baywood Drive, north of Lakeville Highway. Lakeville Highway currently lacks bicycle lanes, however, the City Bike and Pedestrian Plan identifies Class II On Street bike lanes as proposed facilities along this roadway. A Class II On Street bike lane is a striped and signed lane for one -way bike travel on a street or highway. A Class II Off Street bike lane indicates a trail that is separate from the street's right -of -way. A Class II Off Street facility is proposed in conjunction with the SMART corridor through the City of Petaluma. Bicyclists ride in the roadway and /or on sidewalks along all other streets within the project study area. Transit Facilities Three separate transit agencies provide regular service to the City of Petaluma: Petaluma Transit, Sonoma County Transit, and Golden Gate Transit. • Petaluma Transit — provides fixed route bus service in the City of Petaluma. Route 24 provides loop service to destinations throughout the City with stops near the project site at Lakeville Highway /Marina Avenue and Baywood Drive /St. Francis Drive. Route 24 operates Monday through Friday with approximately one hour headways between 7:00 AM and 7:00 PM. • Sonoma County Transit — provides regional service between Petaluma and surrounding communities. Route 40, which travels between the City of Petaluma and City of Sonoma, has stops on Lakeville Highway at Baywood Drive and operates Monday through Friday during morning and evening peak hours with approximately 30 to 90 minute headways between 6:00 AM and 6:30 PM. • Golden Gate Transit — provides regional service between communities in the North Bay Area and San Francisco. Route 76 is a commuter bus route operating Monday through Friday that heads toward San Francisco during the morning peak period and toward Petaluma during the evening commute with approximately one - half -hour headways and has stops at the Lakewood Highway Park and Ride. Two bicycles can be carried on most Petaluma Transit, Sonoma County and Golden Gate Transit buses. Bike rack usage is on a first come, first served basis. Additional bicycles are allowed on Petaluma Transit buses at the discretion of the driver. Dial -a -ride, known as paratransit, or door -to -door service, is available for those who are unable to independently use the transit system due to a physical or mental disability. Paratransit is designed to serve the needs of individuals with disabilities within Petaluma and the greater Petaluma area. Baseline Conditions The project's TIS addresses a Baseline Condition to reflect the addition of traffic associated with known projects that may be constructed and /or become operational in the study area in the next two to three years. Potential projects included in the Baseline Condition are either approved or have filed a development application. Project traffic associated with these projects was added to the Existing Conditions scenario in order to determine Baseline Condition volumes. As shown in Table 7 below, under the Baseline Condition without the project, it is expected that all of the study intersections will operate at LOS D or better. �0 -( "5 November 19, 2015 Page 65 of 81 Study Intersection AM Peak 1 PM Peak Delay J1 LOS 11 Delay 11 LOS 1. Lakeville SUE Washington St 45.0 D 54.1 D 2. Lakeville St/D St 44.2 D 38.6 D 3. Lakeville St/Caulfield Ln 33.5 C 33.3 C 4. Lakeville Hwy /US 101 South Ramps 34.1 C 34.1 C 5. Lakeville Hwy /US 101 North Ramps 13.9 B 38.1 D 6. Lakeville Hwy /Baywood Dr 18.9 B 21.6 C Source: Traffic Impact Study for the Marina Apartments by W- Trans, dated May 7, 2015. Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service. Future Conditions The project's TIS presents a Future Condition in order to review the correlation between the project and Petaluma General Plan. The General Plan was developed with a horizon year of 2025. However, due to changes in economic conditions since the General Plan was completed in 2008, it is expected that build -out of the General Plan land uses would occur after 2025. East Washington Street/Lakeville Street was identified in the City's General Plan as operating acceptably under future conditions. However, recent safety - related changes to the signal phasing have reduced efficiency, resulting in projected LOS E operation in the future during the p.m. peak period. The addition of through lanes to the eastbound and westbound approaches would bring level of service up to acceptable D. The intersections of East D Street/Lakeville Street and Lakeville Street/Caulfield Lane were studied in the City's General Plan. It was determined in the General Plan that no feasible improvements would achieve acceptable operation without adversely affecting multimodal circulation, therefore, unacceptable operation at these intersections has been deemed significant and unavoidable in the City's General Plan EIR, and no improvements such as roadway widening are suggested. As shown in Table 8 below, under the Future Condition without the project, it is expected that all of the study intersections will operate at LOS D or better with the exception of Lakeville Street/East Washington Street, Lakeville Street/D Street and Lakeville Street/Caulfield Lane. All three of these intersections are expected to operate at LOS E during the PM peak hour. [0-(4 Page 66 of 81 November 19, 2015 Study Intersection AM Peak �� PM Peak Delay LOS Delay LOS 1. Lakeville SUE Washington St 44.3 D 74.8 E 2. Lakeville St/D St 40.6 D 63.4 E 3. Lakeville St/Caulfield Ln 51.8 D 67.2 E 4. Lakeville Hwy /US 101 South Ramps 31.4 C 34.4 C 5. Lakeville Hwy /US 101 North Ramps 13.7 B 33.8 C 6. Lakeville Hwy /Baywood Dr 20.3 C 21.0 C Source: Traffic Impact Study for the Marina Apartments by W- Trans, dated July 29, 2015. Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Bold text = deficient operation Imaact Analvsis: 3.16 (a) (Plan, Policy, Ordinance: Circulation System) Less Than Significant Impact: As mentioned in the setting section above, the project's TIS evaluates effects on LOS at six (6) study intersections for three scenarios: Existing Conditions, Baseline Conditions, and Future Conditions. It also addresses the project's potential effect on two freeway segments at US 101. The following narrative summarizes the outcome of that LOS analysis. The project will generate an average of 532 trips per day including 41 trips during the a.m. peak hour and 50 trips during the p.m. peak hour. Existing Conditions /Existing Plus Project Study Intersections As shown at Table 9 below, with the addition of project - related traffic to the Existing Conditions scenario, all study intersections are expected to operate at an LOS D or better. Therefore, for the Existing Conditions scenario, the project would result in a less than significant impact. US 101 Study Segments The portions of US 101 between East Washington Boulevard and Lakeville Highway and Lakeville Highway and Petaluma Boulevard South currently carry 92,000 vehicles per day. The Existing plus Project scenario represents the most conservative scenario of project - related impacts since project trips make up a larger percentage of the existing overall volumes on the highway compared to future scenarios. Table 10 shows how many vehicles travel through each study segment during the a.m. and p.m. peak periods under Existing and Existing plus Project conditions. As shown at Table 10 below, project - related trips would increase overall directional volumes on either of the two freeway study segments during the peak hours by no more than 0.2 percent. This is less than the 1.0% threshold set by the General Plan EIR. Therefore, the project would result in a less- than - significant impact relative to freeway segments at the US 101. 10 - �� November 19, 2015 Page 67 of 81 i TABLE 9: EXISTING "AND EXISTING PLUS PROJECT PEAK HOUR'LEVELS OF SERVICE i Existing Conditions Existing plus Project Study Intersection AM Peak PM Peak AM Peak PM Peak Delay LOS Delay LOS Delay LOS Delay Fosll 1. Lakeville St / East Washington St 33.1 C 39.0 D 33.2 C 39.4 D 2. Lakeville St / D St 42.8 D 35.9 D 42.7 D 35.8 D 3. Lakeville St / Caulfield Ln 30.6 C 28.1 C 30.5 C 28.4 C 4. Lakeville Hwy / US101 South Ramps 33.3 C 34.8 C 33.1 C 34.7 C 35-.9 5. Lakeville Hwy / US101 North Ramps 10.7 B 33.8 C 10.8 B D 36.0 4-&.-G 6. Lakeville Hwy / Baywood Dr 16.0 B 19.4 B B C 18.2 20.7 Source: Traffic Impact Study for the Marina Apartments by W- Trans, dated July 29, 2015; Traffic and Parking Implications of the Marina Apartments Protect with 90 Units by W- Trans, dated January 25, 2016. Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service N13 Volume ( S13 Peak US 101 Segment AM Peak PM Peak IFAM Peak PM Peak Vol. %Inc Vol. %Inc Vol. %Inc Vol. %Inc East Washington Blvd - Lakeville Hwy Existing 3,950 1 14,930 1 14,850 1 13,870 Existing + Project 3,957 0.2% 4,934 0.1% 4,852 0.0% 1 3,876 0.2% Lakeville Hwy - Petaluma Blvd S Existing 1 3,550 1 14,420 1 1 4,350 1 1 3,480 1 1 Existing + Project 3,552 1 0.1 % 14,430 10.2% 1 4,360 1 0.2% 1 3,485 1 0.1 Source: Traffic Impact Study for the Marina Apartments by W- Trans, dated July 29, 2015: Traffic and Parking Implications of the Marina Apartments Protect with 90 Units by W- Trans, dated January 25, 2016. [0-6% Page 68 of 81 November 19, 2015 Baseline Conditions/ Baseline plus Project Conditions The Baseline Plus project Conditions as presented in the TIS is supplemented with a memo from W -Trans titled the "Marina Apartments Traffic Study Additional Baseline Project," dated November 2, 2015, which accounts for trip contributions from an additional project, Cader Corporate Center, that was not reflected in the TIS. As shown at Table 11 below, with the addition of project - related traffic to the Baseline Conditions scenario, the study intersections are expected to operate acceptably at LOS D or better. Therefore, for the Baseline Conditions scenario, the project would result in a less than significant impact. Future Conditions/ Future plus Project Conditions As shown at Table 12 below, with the addition of project - generated traffic to the anticipated Future volumes, all but three of the study intersections are expected to operate acceptably. The intersections that are not projected to operate acceptably under Future plus Project conditions are the same ones that are projected to operate unacceptably under Future conditions without the project. 10 - j, November 19, 2015 Page 69 of 81 Table 12. FUTURE AND FUTURE PLUS PROJECT PEAK HOUR LEVELS OF SERVICE' -. Study Intersection Future Conditions AM Peak PM Peak Delay LOS Delay LOS Future plus Project AM Peak PM Peak Delay [LOS] Delay LOS 1. Lakeville St / East Washington St 44.3 D 74.8 E 44.5 D 75.3 E 2. Lakeville St / D St 40.6 D 63.4 E 40.6 D 63.6 E 3. Lakeville St / Caulfield Ln 51.8 D 67.2 E 51.7 D 67.4 E 4. Lakeville Hwy / US101 South Ramps 31.4 C 34.4 C 31.5 C 34.5 C 5. Lakeville Hwy / US101 North Ramps 13.7 B 33.8 C 13.8 B 33.3 C 6. Lakeville Hwy / Baywood Dr 20.3 C 21.0 C 22.0 C 23.2 C Source: Traffic Impact Study for the Marina Apartments by W- Trans, dated July 29, 2015._; Traffic and Parking Implications of the Marina Apartments Proiect with 90 Units by W- Trans, dated January 25, 2016. Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; Bold text = deficient operation For the intersections of Lakeville Street/Caulfield Ln and Lakeville Street/D Street, the outcome identified in the project's TIS is consistent with that anticipated by the General Plan EIR which identified each intersection operating at LOS E in the PM peak. When considering the LOS at those intersections, the General Plan EIR also determined that installing additional lanes or expanding capacity at those locations would conflict with proposed General Plan goals and policies related to improving multi -modal circulation and preserving the pedestrian environment of Central Petaluma. In response, no mitigation measures were identified and the General Plan EIR was certified with these LOS results as a significant and unavoidable impact. The project analyzed in this Initial Study is consistent with the planned residential density of the General Plan and would contribute vehicle trips to the. roadway network at a volume consistent with that anticipate by the General Plan EIR, for which a statement of overriding considerations was adopted. Thus, no further mitigation is necessary or required. East Washington Street/Lakeville Street was identified in the City's General Plan as operating acceptably under future conditions (i.e., at LOS D in PM peak). However, recent safety - related changes to the signal phasing have reduced efficiency, resulting in projected LOS E operation in the future during the PM peak period. The addition of through lanes to the eastbound and westbound approaches would bring level of service up to acceptable D. However, such a capacity improvement at this location would appear contrary to the City's General Plan. Regardless, as shown at Table 12, the intersection would operate at an unacceptable LOS E without the project. Furthermore, under the Baseline plus Project condition, the project would not cause the intersection to deteriorate to the next lowest level. Therefore, the project would result in a less than significant impact with regard to LOS at this intersection. Mitigation Measures: None required 3.16 (b) (Congestion Management Plan) No Impact: Sonoma County opted out of performing Congestion Management Plans in 1997. Thus, the proposed project would not exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways. No further analysis of this issue is required. [0 -eto Page 70 of 81 November 19, 2015 Mitigation Measures: None required. 3.16 (c) (Air Traffic Patterns) 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. Mitigation Measures: None required. 3.16 (d) (Design Feature Hazard) Less Than Significant Impact With Mitigation: The project is currently accessed via an existing right- turn -in driveway on Lakeville Highway approximately 540 feet west of Baywood Drive and an existing full access driveway on Baywood Drive approximately 230 feet south of Lakeville Highway. The driveway from Lakeville Highway is accessed via a 315 foot long deceleration lane and would be maintained under the proposed project. The 2012 Caltrans Highway Design Manual, Table 405.28 indicates that the length of the deceleration lane is in substantial conformance with a 40 -mph design speed, such as Lakeville Highway. Therefore, the project would not introduce a design hazard at this location as sufficient distance is provided for deceleration. At driveways, a substantially clear line of sight should be maintained between the driver of a vehicle waiting to cross or enter the street and the driver of a vehicle approaching on that street. Adequate time must be provided for the waiting vehicle to either cross, turn left, or turn right, without requiring the through traffic to radically alter their speed. The project's TIS evaluates sight distances at the Baywood Drive project driveway based on sight distance criteria contained in the Highway Design Manual published by Caltrans. The recommended sight distances for driveways are based on stopping sight distance, which use the approach travel speed as the basis for determining the recommended sight distance. Although sight distance requirements are not technically applicable to urban driveways, the stopping sight distance criterion for private street intersections was applied for evaluation purposes. Baywood Drive, with a design speed of 25 mph, requires a minimum stopping sight distance needed of 150 feet. The sight distance from the project driveway location is adequate for outbound vehicles at approximately 185 feet to the left and 400 feet to the right, which is sufficient to meet the minimum standard of 150 feet. Although the distance is adequate, existing or proposed landscaping could obstruct line of site if not properly maintained. As such, it is recommended that landscaping be trimmed such that tree canopies are at least seven feet above the ground; other landscaping should be limited to low -lying vegetation no greater than three feet in height. In addition, signs and monuments planned along Baywood Drive should be placed in a manner that does not obstruct sight distance at the project driveway. Because the project includes landscaping and possibly signage at locations that could potentially obstruct sight lines, this is considered a potentially significant impact. In order to reduce this impact to a less than significant level, Mitigation Measure TRAF -1 is required. With the implementation of Mitigation Measure TRAF -1 sufficient site distance will be maintained and impacts relate to site design hazards will be less than significant. Mitigation Measures: TRAF -1 In order to maintain sufficient site distance, all landscaping, signs, and monuments located in the vicinity of ingress /egress points shall be maintained such that tree canopies are trimmed to at least seven feet above the ground and other landscaping shall be limited to low -lying vegetation no greater than three feet in height. Any signage, inclusive of monument signage along Marina Apartments project frontage, should further be placed such that it does not obstruct or inhibit site distance. 3.16 (e) (Emergency Access) Less Than Significant Impact: The project's internal circulation plan has been reviewed and meets all conditions imposed by the Petaluma Public Works and Fire Departments. Site circulation was determined to be adequate, including sufficient drive aisle widths to allow for fire truck turn around and access. Therefore, emergency vehicle access is adequate and potential impacts due to a conflict with emergency access will be less than significant. November 19, 2015 Page 71 of 81 Mitigation Measures: None required. 3.16 (f) (Transit, Bicycle, Pedestrian Facilities) Less Than Significant Impact With Mitigation: Given the site location, it is reasonable to assume that some project residents will walk, bicycle, and /or utilize transit for trips to and from the project site. Facilities for alternative modes of transportation are well established in the project vicinity. However, the introduction of a residential component to the Mixed -Use area warrant consideration of the adequacy of facilities. In order to ensure that the project does not decrease performance or safety of the existing alternative transportation facilities, several improvements are required as detailed below. Pedestrian Facilities Given the sites proximity to retail areas located west and south of the project site it is likely that future residents will favor alternative forms of transport to access nearby retail facilities. At present, sidewalks exist along the project's frontage on Lakeville Highway and there is an existing Class 1 multi -use path along the northern portion of the project site that commences at the Lakeville Highway driveway and terminates just short of Baywood Drive. As analyzed herein, the project would extend this Class I path from Baywood Drive to Marina Avenue. To supplement the existing pedestrian facilities, and provide for connectivity, Mitigation Measure TRAF -2 shall be implemented. TRAF -2 provides that the current gap in the pedestrian trail (between the terminus of the Class I facility and the existing sidewalk along Baywood Drive be corrected. TRAF -2 will include the installation of a sidewalk extension for a length of approximately 80 feet along the west side of Baywood Drive and between the Bank of Marin and proposed Marina Apartments. Additionally, the driveway access off of Lakeville Highway intersects with the Class I Off Street Trail at the northwest portion of the project site. The introduction of residence onsite has the potential to result in increased pedestrian traffic at this location. In order to ensure that safety is preserved, mitigation measure TRAF -3 provides for the installation of pedestrian crosswalk at the right -turn in only driveway off of Lakeville Highway. With the introduction of crosswalk and closure of the gap in the pedestrian network, pursuant to Mitigation Measure TRAF -2 and TRAF -3, potential impacts associated pedestrian access will be reduced to less than significant levels. Bicvcle Facilities At present, there are bike lanes on Baywood Drive, planned bike lanes on Lakeville Highway, a proposed Class I bike path between Baywood Drive and Marina Avenue, and a planned trail along the SMART corridor, which will provide adequate access to the site for bicyclists. On -site, covered, bicycle parking is provided at a rate of 10 percent of required automobile parking spaces. The Zoning Code requires that all bike parking be covered with at least 60% of the spaces secured. However, this provision is intended to apply to retail or commercial facilities. The project does not proposed secured bike parking based on the assumption that future residents will be able to secure their bicycles in their apartments. The project will provide for 16 covered bicycle spaces. The proposed bicycle facilities are expected to adequately serve the project. Therefore, the project would have less than significant impacts related to bicycle facilities. Public Transit Petaluma transit provides local and regional public transportation throughout the City via dedicated bus stops and planned routes. Sonoma County transit (SCT) local route 40 provides loop service to destinations throughout Petaluma and the larger Sonoma County. On a local level, Petaluma transit's local route 24 provides service throughout southwest and central Petaluma. Dial -a -ride (paratransit) provides door to door service and is available to those unable to independently use the transit system due to a physical or mental disability. In order to promote the use of public transit and improve transit accessibility for future residents the project shall be required to construct or contribute funds toward the construction of one or more bus shelters ) 0 - -1)_ Page 72 of 81 November 19, 2015 at the adjacent bus stop at Lakeville Hwy/ Baywood Drive as required per Mitigation Measure TRAF -5. With implementation of TRAF -4 potential impacts due to inadequate transit services would be reduced to less than significant levels. Alternative Transit Summary The Project conforms to adopted policies, plans, or programs supporting public transit, pedestrian and bicycle facilities, and would not decrease the performance of such facilities. Proposed facilities include sidewalks along project frontage and connectivity to adjacent pedestrian paths in the project vicinity and the enhancement of public transit facilities as prescribed per mitigation measures TRAF -2 through TRAF -4. With the implementation of these mitigation measures all modes of transportation including transit, bicycle, and pedestrian are expected to adequately serve the project and nothing about the project will decrease the performance or safety of existing alternative transportation facilities. Therefore, potential impacts would be reduced to less than significant levels. Mitigation Measures: TRAF -2 The applicant shall construct an approximately 80 foot sidewalk to close the existing gap between the terminus of the existing Class I facility and existing sidewalk along Baywood Drive. TRAF -3 The applicant shall install a pedestrian crosswalk along the Class I Off Street Path where it intersects with the right -only driveway at the northwest portion of the project site. TRAF -4 The applicant shall construct and /or contribute funds toward bus stop enhancements at the existing stops at Lakeville Highway / Baywood Drive at a rate commensurate with the installation of one or more transit shelters. 10-13 November 19, 2015 Page 73 of 81 4.17. UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less inan Significant with Mitigation Incorporated Less than Significant Impact No 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 El E] ® F-1 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 E] El ® F-1 capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and El E] ® El regulations related to solid waste? Sources: 2025 GP and EIR; Water Resource and Conservation 2010 UWMP; and Sonoma County Water Agency 2010 UWMP. Settings: The City's water supply is sourced from the Russian River Water System and supplemented with local groundwater. Water from the Russian River Water System is obtained via the Petaluma Aqueduct through a contract with the Sonoma County Water Agency (SCWA). The City's Water Resource and Conservation Division (WR &C) provides municipal water service to approximately 60,000 customers and therefore must comply with the Urban Water Management Plan Act, which requires the preparation of an Urban Water Management Plan (UWMP) every five years. The most recent UWMP prepared for the WR &C was completed for the 2010 cycle and was adopted on June 6, 2011. The City's 2010 Urban Water Management Plan (UWMP) updates information from General Plan 2025 background and environmental documents and extended the term of water demand analysis through 2035. The 2010 UWMP was determined to be consistent with the General Plan 2025. The UWMP includes a water supply /demand analysis based on population trends and land uses set forth in the 2025 General Plan, the City's existing water supply contract with the Sonoma County Water Agency (SCWA), and planned City water recycling and water conservation programs. Page 74 of 81 November 19, 2015 SCWA adopted its 2010 Urban Water Management Plan on June 21, 2011. The SCWA holds water right permits for the diversion of surface water from the Russian River with a limit of 75,000 acre -feet per year. Instream flow requirements have also been established to protect fish and wildlife species and recreation.10 Based on regional water supply availability, the SCWA expects to be able to increase annual water deliveries to Petaluma from approximately 7,200 acre -feet (AC -FT) in 2010 to 11,400 AC -FT by 2035. Based on the evaluation of future Russian River supply including, minimum in- stream flow requirements, SCWA expects to obtain water rights approvals necessary to increase its total diversions above 75,000 acre - feet per year (AC- FT/YR) by 2027 and to 80,000 AC -FT/YR by 2035. This assumption is based on the most likely outcome of decisions by regulatory agencies and implementation of the Restructured Agreement (executed in 2006) and proposed improvements to the water delivery system. To assure that the City of Petaluma has sufficient water supplies to meet increased water demand, the General Plan requires routine monitoring of water supplies against actual use and evaluation for each new development project (see Policy 8 -P -4). Severe Drouaht Conditions On January 17, 2014, Governor Brown proclaimed a state of emergency to exist through the State of California due to severe drought conditions. On April 25, 2014, Governor Brown issued a follow -up proclamation declaring a continued state of emergency throughout the State of California due to the ongoing drought. On April 1, 2015, Governor Brown issued Executive Order B -29 -15 and, in doing so, imposed requirements on state resources agencies that will save water, increase enforcement to prevent wasteful water use, streamline the state's drought response and invest in new technologies that will make California more drought - resilient. On March 17, 2014, the State Water Resources Control Board (SWRCB) adopted emergency regulations for water conservation." Those regulations were subsequently updated in response to Executive Order B -29 -15 and, as approved by the SWRCB, are intended to increase water conservation in urban settings by 25% statewide. For the City of Petaluma, the SWRCB established a 16% reduction in annual per capita water use. Based on monthly water use reports provided to the SWRCB, the City of Petaluma has exceeded that mandate; i.e., between June 2014 and May 2015, water by residential customers decreased by 33.56 %. On June 1, 2015, the Petaluma City Council adopted a resolution pursuant to the SWRCB directive and which implements a Stage 2 Water Shortage Contingency Plan. In addition to furthering mandates of the SWRCB, the City of Petaluma is also pursuing a host of other measures to increase water conservation (e.g., public outreach, rebates and incentives) and will soon consider amendments to Municipal Code Chapter 15.17 (Water Conservation Regulations). Wastewater Treatment The Ellis Creek Water Recycling Facility treats all wastewater generated by the City of Petaluma and unincorporated Sonoma County community of Penngrove. The collection system is comprised of more than 190 miles of underground piping and nine (9) pump stations. The Facility's treatment capacity is about 6.7 million gallons per day (average dry weather flow). The facility treats approximately five (5) million gallons per day, leaving approximately 1.7 million gallons in available treatment capacity. During the summer, recycled water is introduced to the City's recycled water system and is used for irrigation of approximately 800 acres of agricultural lands, two golf courses, and a vineyard. In the winter, secondary treated wastewater is conveyed to the Petaluma River. Storm Water Within the City of Petaluma storm drains convey runoff from impervious surfaces such as streets, sidewalks, 10 State Water Resources Control Board: Decision No. 1610 ( http:// www. waterboards.ca.gov /waterrights) 11 Office of Administrative Law File No. 2015 - 0320 -01 EE. 10 - -15 November 19, 2015 Page 75 of 81 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 including: 8- P -30C: On -site and off -site improvements, deemed necessary by the City to reduce the surface water impacts associated with a specific development proposal shall be designed, constructed, and maintained in perpetuity at the cost of the development associated with said impacts. 8- P -33A: Any project within an area subject to inundation in a 1% (100 -year) storm event shall include site specific analysis of impacts and identification of mitigations. 8- P -37J: Projects may construct detention /retention facilities as mitigation for surface water impacts, so long as the improvements result in an improvement to the pre - project conditions by way of a net reduction in storm water elevations and downstream flows. As mentioned in the hydrology section above, a portion of the project site is located within a flood hazard area and, underwent review and consideration, in accordance with General Plan Policy 8 -P -33A. It was determined that the footprint of the building was located outside the flood hazard area, the building pad was sufficiently elevated and therefore did not pose a substantial adverse risk. Policies 8 -P -30C and 8 -P -37J are implemented through the Stormwater Management and Pollution Control Ordinance which locally codifies the requirements of the NPDES permit issued by the State Water Resources Control Board. Impact Analysis: 3.17 (a) (Exceed Wastewater Treatment Requirements) Less Than Significant Impact: The project excludes off -site stormwater facilities but does include on -site facilities designed to convey stormwater to existing stormdrains, adjacent roadways (i.e., Lakeville Highway and Baywood Drive) and will maintain an existing discharge to the abutting outfall channel, which is owned /maintained by the Sonoma County Water Agency. As proposed, the project would discharge stormwater at a volume that is no greater than that which currently exists. The project also includes stormwater treatment methods such as biofiltration basins, in compliance with the NPDES permit issued by the State Water Resources Control Board, to ensure the quality of stormwater leaving the site does not adversely impact receiving areas and waters. The project is not expected to exceed wastewater treatment requirements set forth by the Regional Water Quality Control Board, nor necessitate the expansion or construction of wastewater treatment facilities. The estimated wastewater generation of the proposed project falls 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 exceeding applicable standards. Therefore, the project would not exceed wastewater treatment requirements and impacts would be less than significant. Mitigation Measures: None Required. 3.17 (b) (New On -Site Water or Wastewater Treatment Facilities) 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. Applicable City Water and Wastewater Capacity fees will be collected from the applicant in order to fund the applicant's share for use of existing facilities and planned improvements. The proposed Marina Apartment wastewater flows will be conveyed to the Ellis Creek Water Recycling Facility, which has sufficient operating capacity to handle the minimal additional flows generated by the Marina Apartment project. 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 impact to )0 --�� Page 76 of 81 November 19, 2015 wastewater treatment capacities. (Also see response 3.17(d) below for discussion on water facility impacts) Mitigation Measures: None Required. 3.17 (c) (Require New Stormwater Facilities) Less Than Significant Impact: Construction of the proposed apartment complex will minimally increase the amount of impervious surfaces present on the project site, including building roofs, pavement and sidewalk, thereby minimally increasing stormwater runoff. The site is served by existing catch basins which will be relocated onsite to coincide with the new storm drain infrastructure. As proposed, the project includes an onsite storm drain system that connects with the existing storm drain system in a manner that is consistent with the pre - development conditions. The proposed project is not expected to increase runoff to the existing storm drain system relative to the existing condition, because the apartment complex site will be improved with an onsite storm drain system that conveys runoff to the outfall channel west of the project site and to existing 12 -24" storm drain in the eastern portion of the site. Therefore, the Project will not result in significant environmental impacts due to the expansion of existing storm water drainage facilities or construction of new facilities. Mitigation Measures: None Required. 3.17 (d) (Sufficient Water Supplies) Less Than Significant Impacts: In evaluating the sufficiency of water supplies to meet existing water demands in addition to water demand generated by the proposed project, the City has compared General Plan 2025 projected water demand to actual use through December 2012. The results of that comparison find that potable water demand is well within the available SCWA supply, both for this project, and for cumulative demand through 2035 as set forth in the 2010 UWMP. 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. As noted in General Plan 2025 Policies 8 -P -5 -C and 8 -P -19, the City also anticipated continuing use of groundwater to meet emergency needs and to offset peak demands. Per Policy 8 -P -4 of the Petaluma General Plan 2025, City staff is required to monitor actual demand for potable water in comparison to the supply and demand projections in the 2006 Water Supply and Demand Analysis Report. In April 2015, staff compared 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. In both instances, potable demand is well within available SCWA supply capacity. For the Year 2015, the projected demand is less than 10,000 acre-feet . 12 Tiered water rates, conservation efforts, and the conversion of Rooster Run Golf Course to recycled water have in recent years kept annual and peak demands within the available SCWA supply. These conservation efforts will be enhanced through the implementation of mandatory measures imposed through the Stage 2 Water Shortage Contingency Plan. The existing water supplies, facilities and infrastructure are sufficient to meet the demands of the project without the need for a substantial expansion or new construction. A condition from the Petaluma 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 efficient irrigation of the landscaping and water efficient fixtures and appliances indoors, consistent with requirements established by the CalGreen Building Code. Therefore, the project impacts to water supplies and infrastructure would be less than significant. Mitigation Measures: None Required. 3.17 (e) (Wastewater Treatment Capacity) Less Than Significant Impact: The project is a residential development of the type and density anticipated in the General Plan. The project's contribution to wastewater flows were anticipated in the General Plan and have been considered for operating capacity of the water treatment plant. The increase of 60 90 multi - family dwelling units 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 12 See Item 4(B) of June 1, 2015 City Council agenda (http: / /cityofpetaluma .net /ccierk /archives.htm]). to - -11 November 19, 2015 Page 77 of 81 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 adequacy or capacity of wastewater treatment facilities. Mitigation Measures: None Required. 3.17 (f) (Landfill Capacity) Less Than Significant Impact: The Marina Apartments project, consisting of 80 90 multi - family dwelling units, is expected to contribute to the generation of solid waste within the UGB. However, the amount of solid waste generated by the project is considered minimal 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, 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. Mitigation Measures: None Required. 3.17 (g) (Solid Waste Statutes) Less Than Significant Impact: The project is only expected to generate solid waste typical of residential uses. Policy 4 -P -21 requires waste reduction in compliance with the Countywide Integrated Waste Management Plan (CoIWMP). Construction related waste will be reduced, consistent with General Plan Policy 2 -P -122, through the development of a construction waste management plan mandated by the California Green Building Standards Code. 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. The project would be supplied with the same solid waste and recycling opportunities through the County's existing waste management system via the City's solid waste service provider. Although the project would generate additional solid waste, it is not expected to exceed landfill capacity and is not expected to result in violations of federal, state, and local statutes and regulations related to solid waste. Therefore, the project would have a less then significant impact due to solid waste disposal. Mitigation Measures: None Required. t 0__1 % Page 78 of 81 November 19, 2015 4.18. 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 J 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 directly or indirectly? Mandatory Findings Discussion: 3.18 (a) Less Than Significant Impact: The project is located within the City of Petaluma's UGB and, with the implementation of Mitigation Measure LU -1, would consist of a residential density anticipated by the General Plan and its accompanying EIR. The project is consistent with the General Plan Land Use designation for the site, including its goals, policies and programs. With implementation of mitigation measures set forth above, the project's potential impacts 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. 3.18 (b) Less Than Significant Impact: The proposed project is consistent with the City's General Plan land use designation for the site and the City's long -range plan for future development. The project will contribute to cumulative impacts identified in the City's GP EIR but not to a level that is considered cumulatively considerable. As described in the analysis above, when the project contributes to a cumulative impact identified in the General Plan, its contribution is incremental or the project includes design features or mitigation measures that reduce cumulative impacts to levels below significance. Therefore the project's cumulative impacts will be less than significant. The project has the potential to incrementally contribute in the following cumulative impacts identified and analyzed in the General Plan EIR: • Intersection LOS (Impact 3.2 -1): The project would contribute vehicle trips to intersections identified in the General Plan EIR as operating at an unacceptable LOS at build -out. However, as described in the analysis above, the affected intersections have either already been determined to acceptably 10 --1 q November 19, 2015 Page 79 of 81 operate at an LOS E or LOS F due to overriding considerations and conflicts with other General Plan policies or the project's contribution to those intersections are below the threshold established by the General Plan El (i.e., cause the LOS to deteriorate to the next lowest level). • Water Demand (Impact 3.5 -1, Impact 8- P -20): The project will increase water demand during a period of extreme drought. However, with implementation of mandatory water conservation measures (e.g., through SWRCB and California Green Building Standards Code) and information about current and projected water supplies, the project's incremental increase in demand is not considered cumulatively considerable. • Noise (Impact 3.9 -1, Impact 3.9 -2): The project will increase vehicle trips on local roadways and, in doing so, incrementally contribute to noise levels determined by the General Plan to be significant at build -out. However, the project excludes new stationary noise sources and its incremental contribution through vehicular trips is insufficient to result in a perceptible change in noise level. Therefore, the project is considered to result in an effect that is less than cumulatively considerable. The project is also consistent with the surrounding land uses and implements the intent of the UGB through infill development on underutilized lots. Public utility and service providers will be capable of serving the project with existing or planned facilities. Potential environmental impacts are expected to remain at, or be mitigated to, levels below significance, and long -term environmental goals are not expected to be adversely impacted by the project. The Project does not increase the severity of any of the impacts from the levels identified and analyzed in the General Plan, and development of the Project site is proposed at densities consistent with those set forth in the General Plan EIR. Therefore the project's cumulative impacts will be less than significant. 3.18 (c) Less Than Significant Impact: The project has the potential to result in adverse impacts to humans due to air quality, biological resources, geology and soils, noise, and circulation /transportation. 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 the project will have less than significant impacts due to substantial adverse environmental effects. W -V Page 80 of 81 November 19, 2015 5. REFERENCE DOCUMENTS: General Plan and Zoning Ordinance General Plan Chapter 1. Land Use, Growth Management, & the Built Environment General Plan Chapter 7. Community Facilities, Services & Education General Plan Chapter 2. Community Design, Character, &Green Building General Plan Chapter 8. Water Resources General Plan Chapter 3. Historic Preservation General Plan Chapter 9. Economic Health & Sustainabilit General Plan Chapter 4. The Natural Environment General Plan Chapter 10. Health & Safety General Plan Chapter 5. Mobility General Plan Chapter 11. Housing General Plan Chapter 6. Recreation, Music, Parks, & the Arts Implementing Zoning Ordinance/ Maps 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 Bay Conservation Development Commission National Research Council 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. "Environmental Noise Assessment, Petaluma, CA," prepared by Illingworth & Rodkin, Inc., April 8, 2015. B. "Marina Village Apartments Biological Resources Review," prepared by WRA Environmental Consultants, March 23,2015 C. "Air Quality and Greenhouse Gas Emissions Assessment," prepared by Illingworth & Rodkin, Inc., April 13, 2015 D. "Geotechnical Investigation," prepared by Miller Pacific Engineering, May 5, 2015. E. "Traffic Impact Study for the Marina Apartments," prepared by W- Trans, May 7, 2015 and updated July 29, 2015. Marina Apartments Traffic Study Additional Baseline Project, provided November 2, 2015. F. "Shared Parking Analysis for the Marina Apartments Project," prepared by W- Trans, May 6, 2015 and updated July 27, 2015. G. Preliminary Stormwater Mitigation Report, prepared by Steve Lafranchi and Associates, Inc., August 2015. H. Marina Apartment Project, Petaluma - Air Quality and GHG Issues, prepared by Illingworth & Rodkin, January 27, 2016. I. Traffic and Parking Implications of the Marina Apartments Project with 90 Units, prepared by W- Trans, January 25, 2016. 10-,26 1 November 19, 2015 Page 81 of 81