HomeMy WebLinkAboutResolution 2016-051 N.C.S. 04/04/2016Resolution No. 2016-051 N.C.S.
of the City of Petaluma, California
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,
Resolution No. 2016-051 N.C.S. Page 1
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, 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
Resolution No. 2016-051 N.C.S. Page 2
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 I-P-1 (Development Within UGB); Policy
I -P-2 (Efficient Land Use in UGB); Policy 1-P- I l (Land Use Intensification); Policy
1-P-27 (Parking Solutions); Policy 2-P-5 (Arterial Corridors); Policy 2-P-II (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).
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 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.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved a td
Council of the City of Petaluma at a Regular meeting on the 41h day of April, 2016, i form:
by the following vote: �.
City Attorne}
AYES: Albertson, Healy, Kearney, Miller
NOES:
Barrett, Mayor Glass, Vice Mayor King
ABSENT:
None
ABSTAIN:
None
ATTEST:/
City Clerk
Mayor
Resolution No. 2016-051 N.C.S. Page 3
Exhibit A to
Resolution 2016-051 N.C.S.
Project Name:
File Number:
City of Petaluma, California
Community Development Department
Planning Division
11 English Street, Petaluma, CA 94952
MARINA DRIVE APARTMENTS
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.
Resolution No.2016-051 N.C.S. Page 4
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.
Resolution No, 2016-051 N.C.S. Page 5
Marina Drive Apartments - City of Petaluma
Mitigation Monitoring and Reporting Program
MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE
IMPLEMENTATION
RESPONSIBLE
COMPLETION OF
PARTY
IMPLEMENTATION
ACTIVITY
DATE
COMPLETED
BIOLOGICAL RESOURCES-
BIO-1: 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
performed in suitable habitats for avian species within the Study Area to
herein.
Dept. Fish &
determine if nests are resent. If resent, an a
p p appropriate buffer shall be
Wildlife
Wildlife
established by a qualified biologist to ensure activities do not result in nest
Notify Planning Division and
Planning Division
abandonment; screens may be employed to reduce any no -disturbance
CA Department of Fish &
buffers under the guidance of the biologist. The biologist shall monitor
Wildlife in the event of nest
activities to ensure the buffer is sufficient to prevent any impacts to these
discovery.
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.
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
site preparation and construction activities in order to prevent
measures herein.
Planning Division
inadvertent disturbance during project related activities. Following
completion of construction activities, the exclusionary fencing shall be
removed.
GEOLOGY AND SOILS
GEO-1: 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
5, 2015 and August 12, 2015 prepared for the subject property by Miller
documents.
public Works and
Pacific Engineering Group, including but not limited to, site preparation
Utilities
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
u
Marina Drive Apartments - City of Petaluma
Mitigation Monitoring and Reporting Program
MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE
IMPLEMENTATION
RESPONSIBLE
COMPLETION OF
PARTY
IMPLEMENTATION
ACTIVITY
DATE
COMPLETED
to the City, prior to issuance of a certificate of occupancy, that the
improvements have been constructed in accordance with the geotechnical
specifications.
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 Division
supply equipment. Of the spaces and equipment requirements of the
Building Standards Code.
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.
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 Division
least 0.51 acres are added to the subject project site, thereby increasing
conformance with the
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 Division
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.
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
conformance with measures
Marina Drive Apartments - City of Petaluma
Mitigation Monitoring and Reporting Program
MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE
IMPLEMENTATION
RESPONSIBLE
COMPLETION OF
PARTY
IMPLEMENTATION
ACTIVITY
DATE
COMPLETED
shall be noted on construction documents:
herein.
Public Works &
1. Construction Hours/Scheduling: The following are required to limit
• Periodic inspections to occur
Utilities
construction activities to the portion of the day when the number of
during construction.
Department
persons in the adjacent sensitive receptors are lowest:
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
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
Marina Drive Apartments - City of Petaluma
Mitigation Monitoring and Reporting Program
MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE
IMPLEMENTATION
RESPONSIBLE
COMPLETION OF
PARTY
IMPLEMENTATION
ACTIVITY
DATE
COMPLETED
(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.
TRANSPORTATION
TRAF-1: In order to maintain sufficient site distance, all landscaping, signs, and
Incorporate into project
• Applicant
monuments located in the vicinity of ingress/egress points shall be
design and construction
maintained such that tree canopies are trimmed to at least seven feet
documents.
. Public Works &
above the ground and other landscaping shall be limited to low-lying
Utilities
vegetation no greater than three feet in height. Any signage, inclusive of
Department
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 sidewalk to close
Incorporate into project
• Applicant
the existing gap between the terminus of the existing Class I facility and
design and construction
existing sidewalk along Baywood Drive.
documents.
. Parks &
Recreation
Department
TRAF-3: The applicant shall install a pedestrian crosswalk along the Class I Off
Incorporate into project
• Applicant
Street Path where it intersects with the right -only driveway at the
design and construction
northwest portion of the project site.
documents.
. Public Works &
Utilities
Marina Drive Apartments - City of Petaluma
Mitigation Monitoring and Reporting Program
MARINA DRIVE APARTMENTS MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE
IMPLEMENTATION
RESPONSIBLE
COMPLETION OF
PARTY
IMPLEMENTATION
ACTIVITY
DATE
COMPLETED
Department
TRAF-4: The applicant shall construct and/or contribute funds toward bus stop
• Construction specifications
Applicant
enhancements at the existing stops at Lakeville Highway/Baywood Drive
submittal or verification
at a rate commensurate with the installation of one or more transit
that fair contributions have
Public Works &
shelters.
been made prior to building
Utilities
Department/Tra
permit issuance.
nsit Division
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