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HomeMy WebLinkAboutStaff Report 7.A 02/07/2005CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Paula Lane Subdivision. Discussion and possible action regarding: A) A Mitigated Negative Declaration for the Paula Lane Subdivision (APN 019-080-009 & 010) to be located on two parcels at 431 Paula Lane and totaling 11.22 -acres on the corner of Paula Lane and Sunset Drive; B) Resolution denying a General Plan Amendment to amend the Land Use Designation from Rural (0.0- 0.5 du/ac) to Suburban (0.6-2.0 du/ac); C) Prezonirlg the subject parcels R-1 20,000; D) Tentative Subdivision Map to subdivide the 11.22 -acres into 21 residential lots including with 3 -acres of the site being retained as open space. E) Annexation. Q Meeting Time: 7:00 P.M. Category: Public Hearing X Old Business X Presentation Department: Director: Contact Person: Phone Number: Community Milce MoQ Irene T. Borba ( (707} 778-4341 Development Cost of Proposal: NIA Account Number: N/A Amount Budgeted: N/A Name of Fund: NIA Attachments to Agenda Packet Item: 1. Draft Resolution of Denial. 2. City Council Minute Excerpts of May 17, 2004. 3. Memorandum from Irene Borba dated June 21, 2004 including the following attachments: Development Impact Fee Calculations and Community Development Fee Sheet. Letters dated March 11, 2002 and May 10, 2004 from the Department of Fish and Game. Report from Dr. Kucera dated May 5, 2004. Letter from Marti Buxton of Mission Valley Properties dated June 4, 2004, including information from Allan Tilton of W -Trans. E-mail from Steven J. LaFranchi dated May 29, 2004. Letter from Margo N. Bradish of Cox, Castle, Nicholson dated June 11, 2004. Letter from Maria Cipriani of the Open Space District dated June 10, 2004. Letter from JRP Historical Consultants dated June 11, 2004. 4. Plans -Tentative Subdivision Map (Reduced 11x17) Recommended Citv Council Action/Sugeested Motion: The Planning Commission recommends denying the General Plan Amendment and therefore by extension, the associated applications for the project. A)t(eviewed by Finance Director: ate: JAN 2 TodAy's Date: January 20, 2005 Reviewed by City Attornev: ( 2005 Date: Revision # and Date Revised: Aup�� rov v Citv Manager: Date: File Code: s:/cc-city council/reports/paula lane agenda bill feb 7 CITY OF PETALUMA. CALIFORNIA FEBRUARY 7, 2005 AGENDA REPORT FOR PAULA LANE SUBDIVISION Subdivision of two contiguous parcels totaling 11.22 -acres into 21 residential units with approximately 3 -acres of the site being set aside as open space. General Plan Amendment, Prezoning, Tentative Parcel Map and Annexation, at 431 Paul Lane, APN APN 019-080-009 & 010 1. EXECUTIVE SUMMARY: Project Description Mission Valley Properties has .submitted an application for 1) Approval of a General Plan Land Use Map Amendment to redesignate two contiguous parcels (totaling 11.22 -acres) from Rural (0.0-0.5 du/ac) to Suburban (0.6-2.0 du/ac); 2) Approval to Prezone the subject parcels to R1-10, 000, and 3) Approval of a Tentative Parcel Map for a 21 -lot subdivision. The project proposes to develop a total of 11.22 -acres located at the comer of Paula Lane and Sunset Drive. The subject property is not within the city limits of Petaluma but is within the Urban Growth Boundaries (UGB). The proposal includes the subdivision (Tentative Subdivision Map) of the subject property for the development of 21 single-family residences on lots ranging from 10,000 square feet to 30,000 square feet in area. The homes sizes would range from 2,800 to 3,500 square feet with a maximum height of 25'. Approximately 3 acres of the subject property would be contiguous private open space for the development. 2. BACKGROUND: The City Council heard this agenda item on May 17`h, 2004. At that meeting, the applicant presented the project proposal and the Council tools public testimony. The Public Hearing was closed and the Council began the initial stages of their discussion and questions. Due to the late hour, Council continued the project proposal to June 21st. Council raised some issues/questions to be addressed when the item returned. Attached, are minute excerpts from the May 17, 2004 City Council meeting (see Attachment, 2). Prior to the June 21, 2004 Council meeting, the applicant, Mission Valley Properties requested to postpone the June 21" hearing to an unspecified date. The staff report intended for the June 21, 2004 meeting was not provided to Council due to the fact that the item was continued. Attached is the June 21" staff report and attachments which address the issues/questions that were raised at that time (see Attachment 3). At the writing of this report, the applicant has not provided staff with any new or supplemental information. 3. ALTERNATIVES: a. The City Council may accept the recommendation from the Planning Commission to deny the request for a General Plan Amendment from Rural (0.0-0.5 du/ac) to Suburban (0.6-2.0 du/ac). In denying the request for a General Plan Amendment, it therefore makes the request for adoption of a Mitigated Negative Declaration, the Prezoninye, Tentative Parcel Map and the request for Annexation moot. b. The City Council may choose to adopt the Mitigated Negative Declaration and approve the General Plan Land Use Map Amendment, Prezoning to,Rl- 10, 000 and the Tentative Subdivision Map, which would allow the applicant to apply to LAFCO for annexation. 4. FINANCIALIMPACTS: This is a private development subject to any applicable City Special Development Fees. The Paula Lane site is under private ownership. The project was submitted prior to the establishment of the cost recovery fee system. The City has collected $6,195.00 in revenues (application fees) to cover the cost of processing this application. Approximately 150 hours of staff time at a cost of $9,000.00 has been expended. 5. CONCLUSION: The Planning Commission has recommended denial of the project request for a General Plan Amendment from Rural (0.0-0.5 du/ac) to Suburban (0.6-2.0 dulac), stating that the proposed density of the project is not appropriate for the site and surrounding area. The Commission recommended denying the request for a General Plan and, by extension, the Pre -zoning, Tentative Subdivision Map and Annexation requests due to the proposed increase in density, inconsistency with the feathering/urban separator polices in the existing General Plan, coordination with the General Plan update and impacts and issues related to increased traffic, insufficient infrastructure, drainage, and potential impacts to an existing wildlife corridor. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAI' WILL IDENTIFY SUCCESS OR COMPLETION: N/A 7. RECOMMENDATION: The Planning Commission recommends denying the General Plan Amendment and, by extension, the Pre -zoning, Tentative Subdivision Map and Annexation requests due to the proposed increase in density, inconsistency with the feathering/urban separator polices in the existing General Plan, coordination with the General Plan update and impacts and issues related to increased traffic, insufficient infrastructure, drainage, and potential impacts to an existing wildlife corridor. DRAFT RESOLUTION NO. N.C.S. DENYING A REQUEST FOR AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP FOR THE PAULA LANE SUBDIVISION LOCATED AT 431 PAULA LANE, AT THE CORNER OF PAULA LANE AND SUNSET DRIVE, APN 019-080-009 & 010 WHEREAS, an application was filed by Mission Valley Properties for an amendment to the General Plan Land Use Map to redesignate two contiguous parcels, approximately 11.22 acres from Rural (0.0-0.5 du/ac) to Suburban (0.6-2.0 du/ac) to allow the development of 21 single-family residential units; and WHEREAS, by extension, denying the request for a General Plan Amendment, therefore malting moot the application requests for prezoning, tentative subdivision map, and annexation. WITGREAS, the Planning Commission held a duly noticed published hearing on November 12`h, 2003, January IP, 2004 and February 24"', 2004, and considered all written and verbal communications before rendering its decision for denial to the City Council; and WHEREAS, all reports and recommendations from the Planning Commission were forwarded to the City Council; and WHEREAS, the City Council held a duly noticed public hearing to consider this amendment on May 17, 2004, and February 7, 2005, considered all written and verbal communications before rendering its decision; and NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby denies the requested amendment to the General Plan Land Use Map to change the designations as outlined above based upon the following findings: 1. That the proposed amendment is not deemed to be in the public interest to provide for orderly development of appropriate residential uses. The proposed density of the project is not in peeping with the surrounding land use designations. 2. That the proposed General Plan Amendment is not consistent and compatible with the rest of the General Plan and any implementation programs that may be affected. 3. The proposed General Plan Amendment to Suburban is not appropriate due to the proposed increase in density, inconsistency with the feathering/urban separator polices in the existing General Plan, coordination with the General PIan update and impacts and issues related to increased traffic, insufficient infrastructure, drainage, and potential impacts to an existing wildlife corridor. ATTACHMFNT 1 ADOPTED this day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: APPROVED AS TO FORM: City Cleric City Attorney s:\cc-city council\reolutions\paula lane gen plan amend reso Excerpt from Petaluma City Council Meeting Minutes of May 17, 2004 6. B. Paula Lane Subdivision: discussion and Possible Action Regarding a Recommendation from the Planning Commission to Deny a Request for General Pian Amendment, Prezoning, Tentative Subdivision Map, and Mitigated Negative Declaration for a 21 -Unit Residential Subdivision Located at 431 Paula Lane, at the Corner of Paula Lane and Sunset Drive. APN 019-080-009 & 010, Project Files ANX01002, GPA01002, PRZ01003, SPC01048, TSM01003 (Moore/Borba) Vice Mayor Moynihan recused himself from this matter as the party related to the applicant has been a source of income to his firm, Nexus Realty Group and indicated he would be stepping down on this matter. Council Member Toriiatt reported that she did trade phone calls with the developer but was never able to contact him. So she has not met with the developer, but she did meet with the neighborhood group. Mayor Glass noted he had met with the neighborhood and added he did have a lengthy conversation with the applicant. Council Members Harris and Healy indicated they had done the some. Council Member Thompson indicated he had spoken briefly with the developer. Chris Hawke and Marti Buxton, Mission Valley Properties, gave an overall presentation of the proposed development. They read into the record a letter from Alice Vesterfeit, properly owner, urging the Council to give favorable review and approval to their proposed development. Mayor Glass opened the Public Hearing, Public snout: Bill Edwards, Petaluma, addressed the City Council in support of the applicant. He read his letter, dated May 17, 2004 into the record. He noted he and his wife own 245 Paul Lane, six acres contiguous to and on the southern line of Alice Vesterfeit's 11.22 -acre parcel. He indicated they purchased the property 30 years ago and it is currently rented to Susan Kirks. He urged Council to approve the proposed development. Dr. Stephen Carle, Petaluma, addressed the City Council urging the Council to oppose the project and stated concerns with groundwater that he believes is inadequate for municipal supplies. Bill Bennett, Petaluma, addressed the City Council in opposition to the proposed development citing water drainage issues, traffic concerns, and indicating the impact from Rockpointe Ridge is yet to be felt in their neighborhood. Norma Billing, Petaluma, addressed the City Council in opposition to the proposed development, urging the Council to leave this beautiful, pristine land alone. Council took a recess from 8:38 p.m. to 8:45 p.m. Julian Podbereski and Susan Kirks, PLAN, Petaluma, addressed the City Council and gave a presentation in opposition to the development. They supported the property owner's right to sell the property, but cited concerns with bird habitat, traffic, badger habitat, deer habitat, and sewage disposal. They commented on the opportunity for a matching grants application for open space and noted that would generate revenue for Petaluma. They stressed the need of the owner and developer to work with the City and County on the best use for this property. Sherby Sanborn, Consulting Arborist for PLAN, addressed the City Council in opposition to the development and reported that the trees, as they exist on the site at this time, offer a better wildlife habitat as they exist rather than trying to replace them with newer trees. _ Carrissa Bishop -Sage, Petaluma, addressed the City Council in opposition to the proposed development and stressed Petaluma is cherished for its heritage. Kim Fitts, Mammal Biologist for PLAN, addressed the City Council in opposition to the proposed development and provided a report on the badger habitat that exists on the property. Rollin Bruce, Petaluma, addressed the City Council indicating he is not opposed to developing the sight at the current AR -2 zoning. He further cited negative impacts regarding the current proposal, which included additional water runoff and sewer pumping station issues. He added he is opposed to this development because his property is most affected by the proposed water runoff. Charles Carie, Petaluma, addressed the City Council in opposition to the proposed development and urged the Council to deny the application. Paige Schwartley, Broudt-Hawley Law Group, addressed the City Council urging them to accept the Planning Commission's recommendation to deny the project. She went on to cite the significant environmental impacts and stressed if the Council did not deny the project, they must require an EIR. Art Melling, Petaluma, addressed the City Council in opposition to the proposed development and indicating with the way things are going people will just build and build until they get to the ocean. Betsy Ginkel, Petaluma, addressed the City Council in opposition to the proposed development and cited concerns with the effect on habitat. Steve Rubardt, Petaluma, addressed the City Council in opposition to the proposed development. He cited negative traffic conditions on Paul lane, water runoff issues, as well as water pressure concerns. He concluded by stating the zoning change is not in the best interests of the City. Ken Miller, Petaluma, addressed the City Council stating his opposition to the proposed project and stressed there is no way to quantify the importance of the beauty of the area. P11 Hannah Jern Miller, Petaluma, addressed the City Council in opposition to the proposed development citing traffic, noise, sewage, and wildlife as concerns. She cautioned the City Council that if they approve this there would be irreparable damage to the spirit of the neighborhood. Tom Pfaff, Petaluma, addressed the City Council noting the urban growth boundary should be adhered to. He indicated he lives in the County and does not have a say in this vote, but urged the Council to deny the project. Dirk Atkinson, Petaluma, addressed the City Council in opposition to the proposed development. Caroline McCall, Petaluma, addressed the City Council in opposition to the proposed development. Joyce Williams, Petaluma, addressed the City Council in opposition to the proposed development, citing quality of life issues. Patrick Schafer, Petaluma, addressed the City Council in opposition to the proposed development. Katie O'Connor, Petaluma, addressed the City Council in opposition to the proposed development stating annexation, rezoning, density, open space, water runoff, and water pressure as concerns. She indicated this development would be out -of -character with the surrounding neighborhood and perhaps the open space could be used as an educational tool for teaching about habitat and ecology for students. Steve Kay, Petaluma, addressed the City Council in opposition to the proposed development and noted the number of people who had signed petitions in opposition that have come to the meeting this evening. Melissa Wilson, Petaluma, addressed the City Council in opposition to the proposed development and in support of open space and preserving the wildlife habitat. Geoff Cartwright, Petaluma, addressed the City Council regarding concerns with water runoff, water re -charge concerns and in opposition to the proposed development. Dru West, Petaluma, addressed the City Council and noted, although not a resident of Petaluma, she is familiar with Paula Lane. He noted PLAN had done a great job in researching the issues and stated concerns with traffic on the west side of town. She indicated development here would only increase the traffic and congestion. She urged denial of the project. Hearing no further requests to speak, the Mayor Glass closed the Public Hearing. Council recessed at 10:1 S p.m. to 10:20 p.m. Marti Buxton, Developer, attempted to address some of the issues expressed. Edie Robbins, Stuber-Stroh, responded to the issues and concerns raised relating to water and indicated there is adequate flow for fire pressure and cited a report using the City's water model that says the water pressure is fine. She further noted that is enough water supply for the project and cited the Zone 2 Water System, which would be used. She indicated there are no supply or capacity problems existing. AI Cornwell, addressed concerns raised regarding the recharge area, peak flows - which would be less than what exists today, and the location of the sewer pump station which would be similar to the one on Sunset Lane. Meda Bunzie, addressed the issues stated with the historic resources of the property. She noted the property has been referred to as an historic rural landscape, but the integrity has not been maintained. Marti Buxton, readdressed the County zoning of the property, commented on feathering, indicated the sight was not suitable for a park, and indicated the proposed homes were preliminarily reviewed by SPARC. Margo Bradish, Attorney, commented on the CEQA issue and indicated a negative declaration will be prepared. She noted there are is no substantial evidence that the development impacts would have a significant impact on the area and concluded by stating the disputing opinions are unsubstantiated lay opinions. It was noted, lastly, that the Planning Commission recommends denial of the General Plan Amendment. Council Member Harris noted he would like more information on the traffic concerns, badger habitat and would like to know the exact development fees to be gained by this project. Council Member Healy commented he would like more clarification on whether an EIR would be required or not, questioned what the implications would be or what would happen if the project were denied, and requested staff to get a clear answer from the County regarding the potential of purchase of this site for open space. Council Member Thompson indicated he is satisfied with the response given regarding the water pressure, acknowledged there may be badgers on the site and indicated the proposed project is too dense. Council Member Torliatt noted a General Plan Policy discussion needed to take place before she would be able to make a decision regarding the proposal. Council Member O'Brien indicated his questions had been answered. Given the lateness of the hour, the City Council indicated no action would be taken this evening and the item would be continued to their June 21, 2004 Regular City Council Meeting for Council discussion and action. 4 CITY OF PETALUMA, CALIFORNIA MEMORANDUM Conrnumio, Development Department,11 English Street, Petaluma, CA 94952 (707) 778-4301 Fax(707)778-4498 E-mail. cdd@cLpe1a1uma.ca.us petaluma.ca.us DATE: Junc 21, 2004 TO: Petaluma City Council FROM: Irene T. Borba, Senior PIanner SUBJECT: Paula Lane Subdivision -Subdivision of two contiguous parcels totaling 11.22 - acres into 21 residential units with approximately 3 -acres of the site being set aside as open space. General Plan Amendment, Prezoning, Tentative Parcel Map, and Annexation, at 431 Paula Lane, APN 019-080-009 & 010 The City Council heard this agenda item at the May 17, 2004 Council meeting. At that meeting, the applicant presented the project proposal and the Council took public testimony. The Public Hearing was closed and the Council began the initial stages of their discussion and questions. Due to the late hour, Council continued the project proposal to June 21st. Attached, are minute excerpts from the May 17, 2004 City Council meeting (see Attachment 2). Numerous issues have been raised throughout the public hearing process however the main issue continues to be the proposed density of the project. This issue ultimately led the Planning Commission to unanimously recommend denying the General Plan Amendment (and, by extension, the other requested entitlements) that would allow the increased density. The subject property currently has a General Plan designation of Rural (0.0-0.5 dulac). Under the current General Plan land use designation, the applicant would be potentially allowed to build a total of five (5) single-family residences. The applicant is requesting a General Plan Amendment from Rural Residential (0.0-0.5 dulac) to Suburban (0.6-2.0 du/ac). The Suburban land use designation would potentially allow the development of twenty-two (22) single-family residences (the proposal is for 21 single-family dwellings). Under the current County zoning, (AR -B6-2), which has a two -acre density, staff was informed that that the subject property has the potential to be developed with 5 single-family units and 5 secondary dwelling units (secondary dwelling units are not counted as density). If the Council agrees with the Planning Commission recommendation regarding the General Pian Amendment all other issues and requested entitlements become moot. Staff has provided the Council a draft Resolution of Denial (Attachment 1) if this is the desired action. Conversely, if there is support for the General Plan Amendment as proposed (21units), the Council would need to assess the draft review environmental document (Initial Study/Mitigated Negative Declaration) for adequacy and evaluate the proposed project on its merits. Council should then continue the item in order for staff to prepare the appropriate approval legislation. If the Council is supportive of a project on this site with reduced density, direction should be provided to the applicant as to an acceptable total number of housing units. Please remember that ATTACHMENT 3 any increase of the number of housing units over the five currently allowed by the General Plan still requires the Council to approve a General Plan Amendment and to make the required findings to support such an amendment. If Council chooses to take this option, the applicant and staff should be directed to revise the project, recirculate a modified environmental document and return to the Council on a date to be determined. The Council should also consider whether or not it would be appropriate for the Planning Commission to review the revised project before it comes back to Council. Also, if the Council chooses to take this option, it potentially may require the requested prezoning application to change. The applicant is currently seeking to prezone to RI 10,000. At the Council meeting of May 17, 2004, Council requested additional information on several specific some issues and or questions. Responses to these issues follow: • Development fees to be gained by this project Staff calculated an estimate of the Development Impact fees for the proposed project. Since the exact size of the homes is unknown at this time, an average home size was used. The estimated total impact fees per home, using an average home size of 3,150 square feet, would be $31,844.00. With 21 homes, the estimated total would be $668,724.00. In addition to Development Impact Fees, there would be Final Subdivision Map fees ($2,550.00), Public Improvement/Public Construction & Inspection fees (<=$5000,000: 6 % of engineers estimate or $1,890; whichever is greater + staff time and materials; or, >$5000,000 but <=$1,000,000: 4% of engineers estimate + staff time and materials; or, $1,000,000: 2% of engineers estimate + staff time and materials). See Attachment 4 for the Development Impact and Community Development Department fee sheet. • Traffic Please refer to Attachment 6, a letter from Marti Buxton of Mission Valley Properties dated June 4, 2004. Ms. Buxton's letter includes additional information from Allan Tilton of W -Trans, the project traffic engineer. • Badger Habitat Attached are two letters from the Department of Fish and Game (DFG), (dated March 11, 2002 and May 10, 2004). The first letter from the Department of Fish and Game states that the project, as proposed, will impact on-site badger dens and that because of the impacted habitat loss, DFG recommends mitigation utilizing the remaining undeveloped portions of the project for long-term badger habitat and protection as a conservation easement. DFG also recommended that footing walls be used adjacent to badger habitat which extend some.depth into the soil to prevent badger access to the lots under fences and walls. DFG recommended that any trail designed be with minimal impact and that the use of porous material such as blue shale be utilized. The May 10, 2004 letter from DFG notes a meeting on-site by city staff, the developer and DFG on March 25, 2004. The purpose of the meeting was to reach agreement on the biological resource issues associated with the proposed project. This letter notes that the applicant has retained Dr. Tom Kucera to perform a badger burrow exclusion study. DFG notes previous works of Dr. Kucera and several discussions regarding the project 1 site. Dr. Kucera intends to exclude all badgers from the impact area well after any juveniles have dispersed following breeding season. This action is being proposed to reduce impact to any on-site badgers. DFG requested that Dr. Kucera's work be summarized in a report to review and comment before badger exclusion project commences. Attachment 5 is the report prepared by Dr. Kucera. With regards to the open space easement, DFG is aware that there will be an emergency vehicle access (EVA), pedestrian path and tree planting as well as the detention pond. Given that the applicant is proposing that the future Homeowner's Association would maintain the open space, DFG will work with the applicant and the City to finalize the Homeowner's open space easement agreement. Department of Fish and Game is identified as a Trustee Agency pursuant to the California Environmental Quality Act (CEQA), and is responsible for the conservation, protection and management of the State's biological resources. Staff and the applicant will be required to work with DFG to appropriately address the issue of the badgers. In a letter from Marti Buxton of Mission Valley Properties dated June 4, 2004 -(Attachment 6), Ms. Buxton also responds to the Councils questions/concerns badgers and their habitat. • Drainage/Hydrology In a letter from Marti Buxton of Mission Valley Properties dated June 4, 2004 (Attachment 6), Ms. Buxton responds to the Councils questions/concerns regarding drainage and hydrology. The City Engineer has reviewed the information from Ms. Buxton, and finds it to be acceptable. Attached is an e-mail from Steven LaFranchi regarding comments that were made by the public during the hearing process with regards to drainage (Attachment 6). Mr. LaFranchi's e-mail states that it was implied that he had reviewed the drainage calculations prepared by CSW Stuber-Stroeh and was in disagreement with their findings. Mr. LaFranchi wanted to clarify that to this date he has not been asked to review any work related to this project. a Potential of purchase of the property for open space. A letter from the Open Space District is attached (see Attachment 9). OSD has stated that they have been non -committal with the members of P.L.A.N. regarding the subject property. OSD stated that they explained the process to P.L.A.N., and informed P.L.A.N. that funding sources for the purchase of open space is limited and that there were other properties that had a higher priority that OSD was pursuing. Attachments: I. "Draft" Resolution of Denial. 2. City Council Minute Excerpts of May 17, 2004. 3. Development Impact Fee Calculations and Community Development Fee Sheet. 4. Letters dated March 11, 2002 and May 10, 2004 from the Department of Fish and Game. 5. Report from Dr. Kucera dated May 5, 2004. 6. Letter from Marti Buxton of Mission Valley Properties dated June 4,'2004, including information from Allan Tilton of W -Trans. 7. E-mail from Steven J. LaFranchi dated May 29, 2004. 3 8. Letter from Margo N. Bradish of Cox, Castle, Nicholson dated June 11, 2004. 9. Letter from Maria Cipriani of the Open Space District dated June 10, 2004. 10. Letter from JRP Historical Consultants dated June 11, 2004. SACC -City Council\Memos\paula lane subdivision 6-21-04 34th draft by IB.doc Project Name/Permit #: Project Address/Location Applicant's Name: Applicant's Address: Principal Contact Person: Contact's Daytime Phone: Water Connection: Sewer Connection: School Facilities: Aouatic Facilities: CITY OF PETALUMA DEVELOPMENT IMPACT FEE CALCULATION S14EET Enter Applicable Information in the Shaded Areas Estimate for Paula Lane'; ` f Single -Family (enter total number of units): j'"'' f, ' 1 $349.00 Multi -Family (3+ units; enter total number of units): r $0 00 L , Senior Housing (enter total number of units): . $0.00 Please Contact Department of Water Resources & Conservation - 778-4584 Please Contact Department of Water Resources & Conservation - 778-4584 Please Contact the Appropriate School District Directly Single Family - Detached (enter total number of units): Single -Family - Attached (enter total number of units): Multiple Family (enter total number of units): Manufactured Home (enter total number of units): Single Occupancy (enter total number of units): Communitv Facilities: Single Family - Detached (enter total number of units): Single -Family - Attached (enter total number of units): Multiple Family (enter total number of units): Manufactured Home (enter total number of units): Single Occupancy (enter total number of units): Fire Sllnnression Facilities: Account # AQUAFAC/225241410 MAccountT# COMMFAC/2210-41410 10 j1S.i1 Account #FIREFAC/2220-41410 $154.00 $154.00 $0.00 $0.00 $0.00 $0.00 $653.00 $653.00 $0.00 $0.00 $0.00 $0.00 $349.00 Residential Uses: Single -Family (enter total number of units): j'"'' f, ' 1 $349.00 Multi -Family (3+ units; enter total number of units): $0 00 Manufactured Housing (enter total number of units): _ {;t; ;•,: ,' $0.00 Senior Housing (enter total number of units): . $0.00 Assisted Living Units ::aw!m:.:;..,,h, :.. ... . ;,;.; •- $0.00 Non -Residential Uses: Hotel or Motel (enter total number of units): $0.00 Other Retail Uses (enter total square feet of building): ,f"G'±'»:r`- -•"' $0.00 All Office Uses (enter total square feet of building):" $0.00 All Industrial Users (enter total square feet of building): f,`a''"_ _`;';t,`` _' - $0.00 In -Lieu Housine: (Extent Accessory Dwellina) Account # INLIEUHS12240-41410 516,238.00 Total Square Footage (increments of ten): J',',' '`.`='. _ ,3150 16,238 Library Facilities: Account # LIBFAC/2220-41410 $254.00 Single Family - Detached (enter total number of units): ;, I $254.00 Single -Family - Attached (enter total number of units): ;'','::' 50.00 Multiple Family (enter total number of units): _! so .00 Manufactured Home (enter total number of units):rr, 50.00 Single Occupancy (enter total number of units): $0.00 Park Land Acauisition and Develooment: Account # PARKAQ/2251-41410 57,133.00 Residential Uses: Single Family - Detached (enter total number of units): 1 $7,133.00 Single Family - Attached (enter total number of units):=^ `' "'• _ " $0.00 Multiple Family enter total number of units P Y( : ) ;?;>'- g,.r. $0.00 Manufactured Home (enter total number of units): j,;'_"S;.%,: $0.00 Single Occupancy (enter total number of units): $0.00 Non -Residential Uses: Commercial Lodging (enter total number of rental units) All Commercial Uses (enter total square feet of building) 50.00 Three (3) copies to applicant at time of permit issuance. _ One (1) copy for Building files 5/26/2004 All Office Uses (enter total square feet of building): _ $0.00 All Industrial Users (enter total square feet of building): 50.00 Police Facilities: Account # POLFAC/2260-41410 $296.00 Residential Uses: Single -Family (enter total number of units): $296.00 Multi -Family (3+ units; enter total number of units): $0.00 Manufactured Housing (enter total number of units): $0.00 Senior Housing (enter total number of units): -.;t';(; ,.:, ;,:: t.+.? °:::. $0.00 Assisted Living Units, Non -Residential Uses: Hotel or Motel (enter number of rooms): $0.00 Other Retail Uses (enter total square feet of building): $0.00 All Office Uses (enter total square feet of building): $0.00 All Industrial Users (enter total square feet of building): '''xyy:,"-k3'-' t ; >ti $0.00 Public Facilities: Account # PUBFAC/221241410 $543.00 Residential Uses (enter total number of units): $543.00 Commercial Lodging (enter total number of units) $0.00 Business Uses (enter total square feet of building):„ (,,,,�,,y.,,,-.1 tr.`;: Storm Drainaee: _:-.. Account # STRMDRN/223041410 $800.00 (Refer to Storm Drain Fee Worksheet to determine calculations. extent for additions,: New Residential (Standard): $800.00 New Residential (Calculated): $0.00 Commercial/Industrial (enter from Storm Drain Fee Worksheet): $0.00 Residential Addition (enter square feet of impervious surface): $0.00 Cornm.Qnd. Addition (enter square feet of impervious surface): $0.00 Traffic Mitieation (enter all annlicable me iect information): Account # TRAFMIT/227041410 $5,424.00 Residential Uses: Single -Family (enter total number of units): $5,424.00 Multi -Family (3+ units; enter total number of units): r^'-;{ ;;; i4'; •!";,;{'i „"' $0.00 Manufactured Housing (enter total number of units): $0.00 Senior Housing (enter iota] number of units): Assisted Living Units (enter total number of units): $0.00 Non -Residential Uses: Hotel or Motel (enter number of roams): �,<,".,IG =(+i li fj%hi:'eS,�JyyF; � ,.. u; $0.00 Other Retail Uses (enter total square feet of building): $0.00 All Office Uses (enter total square feet of building): $0.00 All Industrial Users (enter total square feet of building): $0.00 Administrative Fees (Total Admin Fees for all Dev. Impact Fees) Account # DEVIMPAD/1000-45111 $740.30 This is not an additional fee and it has not been added to the total; it has been itemized so it maybe deposited in the correct account. TOTAL IMPACT FEES DUE: $31,844.00 Three (3) copies to applicant at time of permit issuance. firm /11 nnnv fnr Ruilrlino filpc 5/26/2004 ?858 Application Type Community Development Department 11 English Street Code Enforcement Petaluma, CA 94952 Planning Phone: (707) 778-4469 Phone: (707) 7784301 Fax. (707) 7784498 Email: edd@ci.petaluma.ca.us Fax: (707) 778-4498 Engineering Permits Phone: (707) 7784301 inspection services Phone: (707) 778-4301 Fax: (707)778.4498 Phone: (707) 7784301 Fax; C707) 7784498 Fax: (707) 778-4498 To schedule inspections: (707) 7784479 ree senenule All Fees Subiect to I% Records Mananement Fee & 5% Technoloev Fee Addition/Remodel in City -Approved Historic District Address Change Annexation Appeal Building Permit Categorical Exemption E Certificate of Compliance _ Conditional Use Permit — Major Conditional Use Permit — Minor Determination of Public Convenience & Necessity Encroachment Permit — Trees/Dumpster/Scaffolding Encroachment Permit— Public Utility (Other) Encroachment Permit—Sewer/Water Lateral ( Encroachment Permit — Sidewalk/Driveway — Comm./Indust. Encroachment Permit — Sidewalk/Driveway — Residential Environmental Impact Report Exception Extension of Time Fence Permit Final Map Amendment Final Parcel Man Final Subdivision Map Flood Determination General Plan Map Amendment General Pian Text Amendment Heritagell-andmark Tree Designation Home Occupation Permit Initial Study Lot Line Adjustment/Merger Mitigation Monitoring (Post Approval) I Outside Sewer/Water Preliminary Review —Staff Public Improvement/Public Construction & Inspection Public Notice ;APlan Dcpt\forms\Planning Pees revised 050304.doc Adopted Fee $100' $150 $5,200 Deposit + Staff Time & Materials' $170 It See Building Permit Fee Schedule $250 $3,000 Deposit + Staff Time & Materials _ $3,750 Deposit + Staff Time & Materials $1,0001 $2,5001 — — $40 $1,000 Denosit + Staff Time & Materials $450 $300 $225 Consultant Fee + Staff Time & Materials $9501 $295 ... $85 $5,0001 $1,950 $2,550 $100 $4,400 Deposit + Staff Time & Materials` $4,300 Deposit + Staff Time & Materials $0 1 $150 $2,500 IV $2,200 See Note Below v $500 Denosit+ Staff Time & Materials $2,300 <=$500,000: 6% of engineers estimate or $1,890; whichever is greater+ Staff Time & Materials. >$500,000 but <_ $1,000,000: 4% of engineers estimate + Staff Time & Materials. > $1,000,000: 2% of engineers estimate + Staff Time & Materials $250.00 Deposit State of California - The Resources, Agency DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov POUT OFFICE Al YOUNTVILLE, CALIFORNIALI 94599 (?07)944-5500 " J �Rd3 �E�'E1t��'�fNlpfp,�Hl�fHNi March 11, 2002 Ms. Irene T. Barba City of Petaluma Planning Department 11 English Street Post Office Box 61 Petaluma, CA 94952 Dear Ms. Borba: Paula Lane Subdivision (ANX01002, GPA01002) 431 Paula Lane, Petaluma, Sonoma County Department of Fish and Game personnel have reviewed the above proposed subdivision. Our comments are as follows. GRAY DAVIS, Governor Fix POWY� It appears the project, as proposed, will impact on-site badger dens. Because of this impacted habitat loss, we recommend mitigation utilizing the remaining undeveloped portions of the project for long-term badger habitat and protection as a conservation easement. Also, it is recommended that footing walls be used adjacent to badger habitat which extend some depth into the soil to prevent badger access to the lots under fences and walls; otherwise this could become problematic for future owners. Please contact Mr. Allan Buckmann, Associate Wildlife Biologist, at (707) 944-5537 for clarification on badger avoidance for this project. The Department supports the proposed planting scheme. We recommend there be a majority of valley oak and black oak and less California bay or coast live oak. This tree composition would be a better representation of the local forest composition. The Department would recommend any trail design with minimal impact. Use of a porous material such as blue shale will provide a firm surface while allowing for both grassy cover (short and mowable) and water percolation. Blue shale would also prevent erosion. Ms. Irene T. Borba March 11, 2002 Page Two If you have any questions regarding these comments, please contact Mr. Buckmann; or Mr. Scott Wilson, Habitat Conservation Supervisor, at (707) 944-5584. Sincerely, / J WL-- Robert W. Floerke Regional Manager Central Coast Region cc: Mr. Marti Buxton Mission Valley Properties 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 Ms. Susan E. Kirks 245 Paula Lane Petaluma, CA 94952 May 10, 2004 Ms. Irene Borba City of Petaluma Planning Department Post Office Box 61 Petaluma, CA 94952 Via fax (707) 778-4498 Dear Ms. Borba: Paula Lane Subdivision, 431 Paula Lane, Petaluma, Sonoma County On March 25, 2004, a site visit was conducted on the subject proposed Paula Lane Subdivision project. Attending were you, representing the City of Petaluma Planning Department; Liam Davis, Department of Fish and Game (DFG); and Marti Buxton, Mission Valley Properties. The purpose of the meeting was to reach final agreement on the biological resource issues associated with the proposed project. DFG is identified as a Trustee Agency pursuant to the California Environmental Quality Act (CEQA), Section 15386, and is responsible for the conservation, protection and management of the State's biological resources. The Paula Lane Subdivision Project is a 21 -home residential subdivision on 11.22 acres of which 3 acres will be dedicated as open space. The project site's wildlife habitat is ruderal grassland with some scattered oak trees. The project site is within a suburban neighborhood west of the City of Petaluma (City). The site is documented with the presence of the American badger (Fitts, K., January 2004, American Badger Habitat Survey, Taxidea taxes, Paula Lane Proposed Subdivision). The project site is bordered by housing development east across Paula Lane and north across Sunset Drive. South of the site are empty lots and houses which traverse southward on Paula Lane to the Bodega Avenue intersection located less than one-quarter mile away. Bodega Avenue is a busy Ms. Irene Borba June 14, 2004 Page 2 western thoroughfare to the City. West of the project site are predominately open fields with some houses and further west are larger open pastures with scattered oaks and eucalyptus trees. Avoidance of Impacts to On-site Badgers The applicant has retained Dr. Tom Kucera to perform a badger burrow exclusion study. DFG has previous knowledge of Dr. Kucera's work with mesopredators in California, and we have had several discussions with Dr. Kucera concerning this project. Dr. Kucera intends to exclude all badgers from the impact area well after any juveniles have dispersed following breeding season. This action is being proposed to reduce impact to any on-site badgers. DFG requests that Dr. Kucera's work proposal be summarized in a report submitted to us for our review and comment before the badger exclusion project commences. Open Space Easement The applicant has agreed to maintain an open space easement held by the project's future Homeowners Association (HA). The open space easement will have an emergency vehicle access path and one pedestrian path. The mitigated oak tree plantings will be planted -in the open space easement. A retention pond will also be placed in the easement area near the western border. Per the City's request, DFG is available to work both with the applicant and the City to finalize the HA's open space easement agreement. Oak Trees The applicant has agreed to cause a no -net -loss of native oak trees on the project site. The applicant will replace native oak trees at a 1:1 ratio minimum within the on-site three -acre open space easement area. The replanted oak trees would be monitored for five years by the applicant. Any unsuccessful oak tree plantings would be replaced within the five-year monitoring period. DFG also recommends that the housing development site itself utilize native plant landscaping as much as possible. Ms. Irene Borba June 14, 2004 Page 3 If you have any comments or questions regarding this letter, please contact Liam Davis, Environmental Scientist, at (707) 944-5529; or Scott Wilson, Habitat Conservation Supervisor, at (707) 944-5584. Sincerely, Copy, orig. signed by Cindy Catalano Robert W. Floerke Regional Manager Central Coast Region CC: Ms. Susan Kirks Paula Lane Action Network Post Office Box 2903 Petaluma, CA 94953 Marti Buxton Mission Valley Properties 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 Tom Kucera, Ph.D. 22 Reservoir Road San Rafael, CA 94901 e:: Wilson, Davis, Buckmann LD/kg Thomas E. Kucera, Ph.D. 22 Reservoir Road San Rafael CA 94901 5 May 2004 Mission Valley Properties 5000 Hopyard Road, Suite 170 Pleasanton CA 94588 Dear Ms Buxton: This letter is in reference to the property at the southwest corner of Paula Lane and Sunset, in the city of Petaluma, California. At the beginning, I would like to state that I am not taking a position of advocacy for the project and I do not want my remarks to be interpreted as such. I would like to contribute some scientific awareness of badgers and rare carnivores in general to the discussion. At your request, I visited the site with you on 13 April 2004 to look at and assess wildlife sign, particularly that reportedly made by American badgers. I have also reviewed documents regarding badgers and the project that you provided me, including those written by: Robert W. Floerke, dated March 11, 2002; Anne Flannery, May 16, 2002; Kimberly Fitts and Derek Marshall, January 2004; William F. Gogin and Bradley G. Erskine, February 11, 2004; K Shawn Smallwood, February 23, 2004; and Liam Davis, email, February 23, 2004. 1 am a wildlife biologist with more than 25 years of experience. I received a Master's degree in Resource Ecology (Wildlife Management) from the University of Michigan in 1976, and earned a Ph.D. in Wildland Resource Science (Wildlife Biology) from the University of California, Berkeley (UCB), in 1988. 1 am a Certified Wildlife Biologist, as designated by The Wildlife Society, the professional organization of wildlife biologists. Currently I am employed as a Research Wildlife Biologist in the Department of Environmental Science, Policy, and Management at UCB, and as a Project Manager with the Endangered Species Recovery Program, California State University, Stanislaus. I also conduct numerous independent wildlife studies. For more than 10 years I have been involved in research on the distribution and ecology of rare mammalian carnivores in California, including the fisher, marten, wolverine, which are cousins to the badgers, all members of the family Mustelidae. The American badger is a medium-sized (7-20 lbs) member of the mustelid family, related to sea otters, weasels, and skunks. They have a large native distribution in North America, mainly on unforested lands from the northern Great Plains in Canada into Mexico. They are specialized for digging, and prey on burrowing rodents such as pocket gophers, ground squirrels, and kangaroo rats. Although related to economically important furbearers (e.g., mink, fishers, marten, sea otters, etc.), badgers have fur of relatively poor quality and low economic value. They are incidentally caught in traps set for other species, but have never been a major component of a fur harvest. Badgers are poorly known ecologically in California; most research on them has occurred elsewhere, notably Idaho (Messick and Hornocker 1981) and Wyoming (Minta 1993), mostly on undeveloped land. Most of the following information is from those studies and from Grinnell et al. (1937) and a recent species review by Lindzey (2003). Although occasionally active during the day, badgers are primarily nocturnal, when they forage, and typically spend daytime underground. Dens are common, as many as 4 per acre, and are used for daytime resting, food storage, and parturition, which occurs in February through April. Dens are typically open, but may be plugged from below during cold weather, and may be reused frequently. Badgers are typically solitary. Researchers have estimated badger densities on open, undeveloped lands of between 0.5 and 2 animals per square mile (640 acres). Sizes of home ranges reported in the scientific literature have varied by sex, age, season, and geographic location from 300 to more than 3,600 acres (0.5=6 square miles). The home ranges of different individuals may overlap. Again, these data are from rangelands in Idaho, Wyoming, and Utah; no such data from California exist. The property at Paula Lane, at the western edge of the city of Petaluma, comprises approximately 11 undeveloped acres in a suburban landscape fragmented with residential developments. The density of development is apparently higher to the east (toward central Petaluma) than to the west. The property immediately adjoining to the west appears to have been developed in the last few years; others nearby are up to approximately 40 years old, and no doubt others are older still. Examination of aerial photos confirms the visual impression of fragmentation due to residential sprawl. The site itself is flat to moderately sloping and vegetated mostly with annual grasses and native and non-native forbs, with a few Baccharis shrubs and several trees along the edge. At the time of my visit, the grasses were 1-3 feet high and quite dense. Although dense vegetation covered most of the ground, several animal burrows, which were relatively fresh (i.e., with loose dirt with no vegetation, open entrance), were evident. Others were less fresh, as evidenced by cobwebs covering the opening. The uneven nature of the ground on much of the site supports the contention that such animal excavations have occurred for some years. I am aware that in addition to badgers, other mammals that excavate burrows of the size and type found on the site, such as coyotes and red foxes, have been reported at the site. I also saw mounds made by pocket gophers, and found one freshly killed gopher, with only the head and intestines present. There 2 was no way to determine what killed it, but I doubt that a badger would have left the head and intestines. A predatory bird or domestic cat are possibilities. I am sensitive to the need for verifiable documentation of the distribution of animals that are poorly known and difficult to study, having spent several years developing reliable, empirical, non -lethal detection methodologies for fishers and martens (Zielinski and Kucera 1995) that are presently widely used in rare carnivore surveys in California. In the documents that I read and during my site visit, I saw no direct evidence that establishes the presence of badgers at the site. The existence of burrows means that burrowing mammals are present, but I do not know how one can confidently discriminate burrows made by badgers from those made by coyotes or foxes. "Dens [of badgers] are variable in characteristics, with most having only a single, often elliptical entrance" (Lindzey 2003:686). 1 saw no scats at or near the burrows. (In contrast to the assertion of Kimberly Fitts in her document of February 24, 2004, that "the badger buries its scat," Lindzey (2003:686) writes "Scats frequently occur in the mound of soil at the entrance and in the den itself.") I saw no tracks at or near the burrows clear enough to identify. No expert has reported seeing a badger at the site, and i am unaware of the existence of any carcass (for example, from a road kill), photograph, or other solid evidence of badgers at the site. The existence of burrows by itself in my mind is insufficient to conclude the presence of badgers. To my knowledge, there has been no published ecological research on badgers in California. As a wildlife research biologist, I regret the fact that the status, distribution, and ecology of badgers in California are essentially unknown. Badgers have been of conservation concern in California since at least 1937, when Grinnell et al. (1937:374) stated "The badger has been reduced in numbers over almost all its range in California." It was and likely still is subject to poisoning and shooting, and continues to experience habitat loss from agricultural and urban development. Williams (1986) listed it as a "species of special concern in California," and stated (p. 66) "No current data exist on the status of Badger populations in California..." According to the California . Department of Fish and Game (CDFG; hftp://www.dfg.ca.gov/hcpb/species/ssc/ssc.shtmi), Species of Special Concern (SSC) is a designation for "animals not listed under the federal Endangered Species Act or the California Endangered Species Act, but which nonetheless 1) are declining at a rate that could result in listing, or 2) historically occurred in low numbers and known threats to their persistence currently exist." It is essentially an early warning regarding species that could qualify for listing as threatened or endangered, with the expectation that such a warning combined with management attention could make such listings unnecessary. According to the CDFG, "This designation is intended to result in special consideration for these animals by the Department, land managers, consulting biologists, and others, and is intended to focus attention on the species to help avert the need for costly listing under federal and State endangered species laws 3 and cumbersome recovery efforts that might ultimately be required. This designation also is intended to stimulate collection of additional information on the biology, distribution, and status of poorly known at -risk species, and focus research and management attention on them. "Department staff should consider SSCs during 1) the environmental review process, 2) conservation planning process, 3) the preparation of management plans for Department lands, and 4) inventories, surveys, and monitoring (conducted either by the Department or others with whom we are cooperating)." (http://www.dfg.ca.gov/hcpb/species/ssc/ssc.shtm]) Direction to CDFG staff, taken from their website and presented in the previous paragraph, is to "consider SSCs" during environmental reviews. It is my understanding that CDFG's consideration of the badger with respect to the Paula Lane project is outlined in a letter dated March 11, 2002 from Robert W. Floerke, Regional Manager, Central Coast Region, to Ms. Irene T. Borba of the City of Petaluma Planning Department. In this letter, Mr. Floerke recommends using the undeveloped portion of the project for long-term badger habitat, and separating this from the developed portions with a barrier extending some depth into the ground to prevent badger access under fences and walls to prevent problems for future owners. This recommendation was repeated in an email dated February 23, 2004, from Mr. Liam Davis of CDFG to Ms. Borba. This exclusion concept appears to me a reasonable approach in an abundance of caution to discourage badgers from accessing the developed areas, assuming that badgers do indeed occur there. Developing some 8-10 acres of habitat in an already fragmented landscape is unlikely to have a significant adverse impact on an animal that is of low density by nature and has a home range of hundreds or thousands of acres. You and I also discussed methods to reduce the likelihood of injury to badgers (or other species) if present in dens during any grading activities, and I presented some ideas. I would anticipate that any badger exclusion or removal plans would be developed in more detail with input from CDFG and other wildlife experts. Overall, however, the concept of identifying occupied dens so as to allow their occupants to escape before construction and physically excluding badgers from the developed portion of the property seems feasible to me. I hope these remarks are helpful. Please contact me if I can provide any additional information or clarification. Sincerely, Thomas E. Kucera, Ph.D. 22 Reservoir Road San Rafael CA 94901 0 Literature Cited Grinnell, J. J. S. Dixon, and J. M. Linsdale. 1937. Fur -bearing mammals of California. University of California Press, Berkeley, Lindzey, F. G. Badger. 2003. Badger. Pp. 683-691 in G. A. Feldhammer, B. C. Thompson, and J. A Chapman (eds.). Wild mammals of North America: ecology, management, and conservation. Johns Hopkins Press, Baltimore. Messick, J. P., and M. G. Homocker. 1981. Ecology of the badger in southwestern Idaho. Wildlife Monographs 76:1-53. Minta, S. C. 1993. Sexual differences in spatio-temporal interactions among badgers. Oecologia 96:402-409. Zielinski, W. L. and T. E. Kucera (eds.). 1995. American marten, fisher, lynx, and wolverine: survey methods for their detection. USDA For. Serv. Gen. Tech. Rep. PSW-GTR-157. Cc: M. Bradish I. Borba 22 Reservoir Road 415-482-9325 San Rafael, CA 94901 415-298-9326 cell Education tom_kucera@hotmail.com Ph.D., Wildland Resource Science, University of California, Berkeley, 1988. Area of Specialization: Wildlife ecology, population dynamics, and management. Major Professor: Dr. Dale R. McCullough, Dissertation Title: Ecology and Population Dynamics of Mule Deer in the Eastern Sierra Nevada, California. M.S., Resource Ecology (Wildlife Management), 1976. The University of Michigan. Thesis Title: Social Behavior During Rut and Breeding System of the Desert Mule Deer. B.A., Psychology and Zoology, 1969. Western Michigan University, Professional Emolovment Research Wildlife Biologist, Department of Environmental Science, Policy, and Management, University of California, Berkeley. July 2003 -present. I lead the operational component of the California Cooperative Wild Turkey Project, including collecting and field necropsies of wild turkeys in state parks, agency coordination, etc. Project Manager and Wildlife Biologist, Endangered Species Recovery Program, California State University, Stanislaus. January 2001 -present. I manage and conduct projects for ESRP that include endangered species issues. Projects include documenting the potential impact of a new highway in the Mojave desert on threatened and endangered plant and animal species and other natural resources, and assessing a dry stretch of the San Joaquin River bed for a variety of listed species including the San Joaquin kit fox, Fresno kangaroo rat, and valley elderberry longhorn beetle. Wildlife Biologist, URS Corporation, Oakland, CA. August 2001 -present. I lead field efforts on surveys for endangered species, particularly small mammals and kit foxes, in the San Joaquin Valley. Wildlife Biologist, National Park Service, Point Reyes National Seashore, Point Reyes Station, CA. March 1998 -March 2000. 1 managed the ungulate program at the Seashore, which includes elk, native deer, and two species of exotic deer. Responsibilities included planning, organizing, supervising, and conducting management and monitoring activities such as animal capture and translocation, collections and necropsies, radiotelemetry, disease monitoring, and censuses. I supervised two GS -7 technicians and volunteers. Lecturer and Specialist, Department of Environmental Science, Policy, and Management, University of California, Berkeley, 1992-1998. Courses taught: Advanced Wildlife Management (ESPM 187); North American Wildlife - Conservation and Identification (ESPM 106); graduate seminars on Metapopulation Biology and Conservation Genetics. I was Principal Investigator on a study of the ecology of American martens in the Sierra Nevada funded by the Inyo National Forest. I directed an effort to detect wolverines, Sierra Nevada red fox, and other rare carnivores in mountainous areas of California. and co-authored a U.S. Forest Service General Technical Report on detection methods for rare carnivores. I led a project to assess the effects of biomass harvest on wildlife in forests of northern California. I was part of a team writing an updated version of Mammals of Special Concern in California for the California Department of Fish and Game. I prepared the "Sportsman's Guide to Mule Deer Habitat Improvements in California," funded by The Mule Deer Foundation. Project Leader, Tahoe Pilot Project, University of California, Berkeley, May -September, 1992. supervised a team of six biologists in gathering data on vertebrate distribution across several watersheds in the Sierra Nevada as part of a project combining California's Wildlife -Habitat Relationships models with models of forest growth and yield to predict future wildlife distribution under different management scenarios. Wildlife Biologist, September 1990 -January 1992, Wildland Resources Center, University of California, Berkeley, working with the California Department of Forestry and Fire Protection to develop a Habitat Conservation Plan for the northern spotted owl. Senior Associate (March 1989 -Sept. 1990) and Consulting Biologist (1990-1997), Environmental Science Associates, Inc., San Francisco. t designed, supervised, managed, and conducted studies related to the impact of various projects and land -use changes on terrestrial wildlife. Projects included salt marsh harvest mouse trapping studies in Alameda, Santa Clara, and San Mateo counties, California clapper rail surveys, telemetry studies of deer for highway planning, bio -reserve planning for The Nature Conservancy, shorebird and waterfowl censuses, and Mojave Desert field surveys on the Nevada Test Site. Wildlife Biologist, July -August 1981, E. Linwood Smith Associates, Tucson, AZ. I conducted radiotelemetry studies of desert bighorn sheep in southwestern Arizona. Raptor Research Biologist, February 1979 -June 1981, Snake River Birds of Prey Project, U.S. Bureau of Land Management, Boise, ID. I collected, compiled, and analyzed data on raptor ecology, nesting density, reproductive performance and diets, prey densities, and habitat distribution in the Snake River Birds of Prey Area in southwestern Idaho. Wildlife Biologist, May -September 1978, U.S. Forest Service, Portland, OR. € worked on the Resources Planning Act assessment of fish and wildlife for Region 8 (Oregon and Washington), and compiled a publication containing distribution and habitat matrices for all vertebrate species in the region. Range Aide, April 1978 Inyo National Forest, Bishop, CA. I conducted censuses of bighorn sheep on the winter range at the base of the eastern escarpment of the Sierra Nevada. Academic Emolovment Research Assistant, 1982-1983, Black -tailed deer project, Hopland Field Station, Mendocino County, CA. I captured, marked and released deer, conducted daylight and spotlight censuses, supervised processing and data collection from hunter -killed deer on the Station, and conducted habitat surveys and vegetation analyses. Teaching Assistant, 1981-2, 1987, Department of Forestry and Resource Management, University of California, Berkeley. I taught sections of North American Game Birds and Mammals, and Wildlife Biology and Management. Selected Consulting Experience Consulting Biologist, Mammoth Mountain Ski Area and Intra -West Corp., Mammoth Lakes CA, May 2001 -present. At the request of Mammoth Mountain, I am conducting an ecological study of American martens on the alpine ski areas of Mammoth and June Mountains, and the nordic ski area of Tamarack, on the Inyo National Forest, Mono County, CA. Member, San Francisco Bay Area Regional Team, California Rapid Assessment Method (CRAM) for wetlands. San Francisco Estuary Institute, May 2003 -present. I assist in the EPA -sponsored program to develop and test rapid methods to assess wetlands around San Francisco_Bay. Consulting Biologist, Montezuma Wetlands LLC, Emeryville CA. August 2000 -present. I trap for the endangered salt marsh harvest mouse in the Montezuma wetlands of Suisun Bay as part -of the project for upland disposal of dredge spoils from the Oakland estuary. Consulting Biologist, California Department of Parks and Recreation, November 1999 -present. Conducted detection surveys to detect red fox Vul es vulpes) and other carnivores at China Camp State Park; assessed the black -tailed deer management program on Angel Island State park. Consulting Biologist, GANDA Co., San Anselmo, CA 1997-2002. Set up forest carnivore detection stations in Plumas County; conducted small -mammal trapping for salt -marsh harvest mice, and collected house mice as surrogates for toxics analyses; burrowing owl monitoring in eastern Alameda County. Consulting Biologist, Ibis Co., San Rafael CA. 1998-2000. 1 conducted trapping for salt marsh harvest mice in Menlo Park, at Mare Island, Solaro Co., the Concord Naval Weapons Center, Contra Costa County, and at the Alameda Naval Air Station, Alameda Co. Consulting Biologist, Monk and Associates, Walnut Creek CA, May -June 2000. Conducting live trapping and removal of salt marsh harvest mice at Sonoma Creek and Highway 37, Sonoma County, preparatory to seismic retrofit of the Hwy. 37 bridge. Consultant to the World Bank, 1998. At the request of the World Bank, I made a mission to Georgia to consult on the status of and make management recommendations for several large mammals of conservation concern, including designing monitoring and inventory programs. Consulting Biologist, Planning Concepts, Nevada City, CA, 1996, to assess effects of operations of a gravel mine on wintering mule deer and pronghorn in Lassen County. Consulting Biologist, EBASCO Environmental, Sacramento, CA, September -November 1992. 1 designed, supervised, and conducted field surveys to quantify fall mule deer migration in a proposed reservoir area, North Fork Stanislaus River, California. Consulting Biologist, McClenahan and Hopkins Associates, Redwood City, CA, April-July 1992. I identified wildlife issues and impacts to bald eagles and deer from a proposed 3000- acre residential development near Lake Almanor, Plumes County. Consulting Biologist, EIP Associates, Sacramento, CA, December 1991-March 1992. 1 designed and supervised a study to detect martens, fishers, and wolverines in an area of proposed ski expansion at Alpine Meadows, Lake Tahoe Basin, California, using photographic bait stations and sooted track plates. Consulting Biologist, Environmental Management Associates, Brea, CA, 1986-1988. 1 designed, conducted, and supervised field studies in an area of several proposed geothermal plants in the eastern Sierra Nevada to quantify the importance of the area for migratory and summering deer. Consulting Biologist, EA Engineering, Science, and Technology, Inc., Lafayette, CA, 1986-88. 1 designed and conducted field studies in the area of s proposed reservoir in the western Sierra Nevada to evaluate its importance for deer, spotted owls, and other wildlife. Consulting Biologist, Bonneville-Pacific Corp., Salt Lake City, UT, 1986-87. 1 designed, conducted, and supervised field studies in an area of a proposed geothermal plant to quantify the value of the area to migratory and summering deer in Mono Co., CA. Consulting Biologist, Jordan Glazov, Ltd., Mammoth Lakes, CA, 1985-86. 1 quantified migratory and summering deer use and other wildlife values of an area on which a golf course development was proposed near the town of Mammoth Lakes, Mono Co., CA, Consulting Biologist, O'Connor Design Group, Mammoth Lakes, CA, 1984-85. 1 determined the wildlife values of an area proposed for alpine ski development at Mammoth Lakes,CA, Consulting Biologist, Biosystems Analysis, Inc., Santa Cruz, CA, 1984-85. 1 advised in the design and implementation of field studies to assess the impacts of PG&E's Crane Valley hydro project on mule deer in the Western Sierra Nevada. Consulting Biologist, Terry Clapham, Bishop, CA, 1985. 1 advised on impacts of small hydro developments on mule deer in the White Mountains, Mono Co., CA. Consulting Biologist, Phil Leitner of ESA/Madrone, Novato, CA, 1984-85, for advice regarding ecology of deer in the upper San Joaquin River drainage for an environmental analysis of cumulative effects of hydro development in the basin. Consulting Biologist, Holton Associates, Berkeley, CA, 1983-84. 1 evaluated the impacts of the proposed Tuolumne River Ponderosa hydro project on mule deer, and conducted winter surveys for bald eagles along the river. Consultant on the Conservation of the Camelidae in Bolivia, February 1981, UNESCO, Paris. I made a mission to Bolivia for the United Nations Educational, Scientific, and Cultural Organization to advise on.field ecological studies for the conservation of the vicuna, and to evaluate environmental impacts of human activities and the use of conservation areas for the protection of camelids. Fellowships and Awards Bidwell Research Fellowship in Forestry and Howard William Siggins Fellowship, University of California, Berkeley, 1984-1985; Charles Lathrop Pack Prize in Forestry, University of California, Berkeley, 1984; Hilgard Fellowship, University of California, Berkeley, 1983-1984; Regent's Fellowship, University of California, Berkeley, 1982-1983. Center for Latin American Studies Travel Grant, University of California, Berkeley, 1982, for travel to Bolivia to study occurrence of endangered large mammals and vicuna/alpaca dietary interactions. Danforth Fellow, Department of Psychology, The University of Michigan, 1970-1971. Cum Laude graduate, Western Michigan University, with Departmental (Psychology)_ Honors, Dean's List, Honor College; member of Omicron Delta Kappa, Phi Eta Sigma, Beta Beta Beta, and Psi Chi academic honorary societies. Research Grants The Rocky Mountain Elk Foundation, Canon, Inc. Expeditions Into the Parks, Bosack and Kruger Foundation, USDA Forest Service, The Mule Deer Foundation, University of California Division of Agriculture and Natural Resources, University of California Energy Research Institute, California Department of Fish and Game, American Museum of Natural History, Sacramento Safari Club, Inyo and Mono County Fish and Game Fund, Mzuri Wildlife Foundation, Boone and Crockett Club, National Rifle Association, Center for Latin American Studies Publications Manning, E. J. B., T. E. Kucera, N. B. Gates, L. M. Woods, and M. Fallon -McKnight. 2003. Testing for Mvcobacterium avium ss. paratuberculosis infection in asymptomatic free - ranging tule elk from an infected herd. Journal of Wildlife Diseases 39:323-328. Gogan, P. J. P., R. H. Barrett, W. W. Shook, and T. E. Kucera. 2001. Control of ungulate numbers in a protected area. Wildlife Society Bulletin 29 (4): 1075-1088. Kucera, T. 1999. Endemic tule elk to range freely at Point Reyes National Seashore. Pages 41-42 in J. Selleck (ed.). Natural Resource Year in Review. National Park Service, U.S. Department of the Interior, Lakewood, Colorado. Kucera, T. E., and K. E. Mayer. 1998. A sportsman's guide to improving deer habitat in California. California Department of Fish and Game and the Mule Deer Foundation, Sacramento. Kucera, T. E. 1997. Fecal indicators, diet, and population parameters in mule deer. Journal of Wildlife Management 61:550-560. Kucera, T. E., W. L. Zielinski, and R. H. Barrett. 1995. The current distribution of American martens (Martes americana) in California. California Fish and Game 81:96-103. Zielinski, W. L., T. E. Kucera, and R. H. Barrett. 1995. The current distribution of fishers (Martes pennanti) in California. California Fish and Game 81: 104-112. Zielinski, W. L. and T. E. Kucera (ads.). 1995. American marten, fisher, lynx, and wolverine: survey methods for their detection. USDA For. Serv. Gen. Tech. Rep. PSW-GTR-157. Kucera, T. E., A. Soukkala, and W. L. Zielinski. 1995. Remote photographic bait stations. In W. L. Zielinski and T. E. Kucera (eds.). 1995. American marten, fisher, lynx, and 5 wolverine: survey methods for their detection. USDA For. Serv. Gen. Tech. Rep. PSW- GTR-157. Kucera, T. E. 1995. Recent photograph of a Sierra Nevada red fox. California Fish and Game 81:43-44. Kucera, T. E. and R. H. Barrett. 1995. California wildlife faces an uncertain future. California Agriculture 49(6):23-27. Kucera, T. E. and W. L. Zielinski. 1995. The case of forest carnivores: small packages, big worries. Endangered Species Update 12(3):1-7. Kucera, T. E. and R. H. Barrett. 1995. The Trailmaster camera system for detecting wildlife: response. Wildlife Society Bulletin 23:110-113, Kucera, T. E. and R. H. Barrett. 1993. The use of the Trailmaster camera system to detect wildlife. Wildlife Society Bulletin 21:505-508. Kucera, T. E. and R. H. Barrett. 1993. The California Cooperative Wolverine Survey. Transactions of the Western Section of the Wildlife Society 29:49-53, Kucera, T. E. 1993. Seldom -seen carnivores of the Sierra Nevada. Outdoor California 54(6): 1- 3. Kucera, T. E. 1993. The Sierra Nevada red fox. Outdoor California 54(6):4-5. Kucera, T. E. 1992. Influences of sex and weather on migration of mule deer in California. Great Basin Naturalist 52:122-130. Kucera, T. E. 1991. Genetic variability in tule elk. California Fish and Game 77:70-78. Kucera, T. E. 1991. Adaptive variation in sex ratios of offspring in nutritionally stressed mule deer. Journal of Mammalogy 72:745-749. Kucera, T. E. 1991. Effects of an antlerless hunt on reproductive output of migratory mule deer. Applied Animal Behavior Science 29:508 (abstract only). Kucera, T. E. and C. McCarthy. 1988. Habitat fragmentation and mule deer migration corridors - a need for evaluation. Transactions of the Western Section of the Wildlife Society 24:61-67. Jessup, D.A., K. Jones, R. Mohr and T. Kucera. 1985. Yohimbine antagonism to xylazine in free -ranging mule deer and desert bighorn sheep. Journal of the American Veterinary Medical Association 187:1251-1253. Kucera, T. E. 1982. How mule deer mate in Texas. Natural History 91:650-57. Kucera, T. E. 1978. Social behavior and breeding system of the desert mule deer. Journal of Mammalogy 59:463-476, Guenther, K. and T. E. Kucera. 1978. Wildlife of the Pacific Northwest: Occurrence and Distribution by Habitat, BLM District and National Forest. USDA Forest Service Region 6 Special Publication No. 6. Portland OR. Presentations at scientific meetings The Wildlife Society, September 2001. Organized and moderated a special symposium Remote Photography in Wildlife Research and Management at the national meeting in Reno, NV. Kucera, T. E., N. Gates, and M. Fallon-McNight. 1999. Tule elk at Point Reyes National Seashore: Return of a native. Society for Ecological Restoration, San Francisco, CA, September, 1999. Kucera, T, E. 1997. Structural characteristics of rest sites of American martens in managed east -side forests. Western Section )f The Wildlife Society Annual Meeting, San Diego, CA, 8 February. Falion -McKnight, M. and T. E. Kucera. Habitat similarities between American martens and northern goshawks in the eastern Sierra Nevada. Western Section of The Wildlife G Society Annual Meeting, San Diego, CA, & February 1997. Kucera, T. E. 1996. Relationships between fecal chemicals and population parameters in mule deer. Presented at the Western Section of The Wildlife Society Annual Meeting, Sparks, NV, 3 February. Kucera, T. E. and R. H. Barrett. 1995. Effects of biomass thinning on wildlife habitat in forests of northern California. Paper presented at The Wildlife Society 2nd Annual Conference, Portland, OR, 13 September. Kucera, T. E. and W. L. Zielinski. 1995. Survey methods for the detection of lynx, wolverine, fisher, and marten. Paper presented at the Western Section of The Wildlife Society Annual Conference, Santa Rosa, CA, 24 January. Kucera, T. E. and W. L. Zielinski. 1995. The current distribution of American martens in California. Paper presented at the Western Section of The Wildlife Society Annual Conference, Santa Rosa, CA, 24 January Zielinski, W. L. and T. E. Kucera. 1995. The current distribution of fishers in California. Paper presented at the Western Section of The Wildlife Society Annual Conference, Santa Rosa, CA, 24 January. Memberships The Wildlife Society, The American Society of Mammalogists, The Society for Conservation Biology, the American Association for the Advancement of Science. Certification Certified Wildlife Biologist Foreign languages Spanish Other activities Have federal Endangered Species Permit and state Memorandum of Understanding for livetrapping the endangered salt marsh harvest mouse (Reithrodontomvs raviventris), San Joaquin kangaroo rats (Dioodomvs nitratoides), and State MOU to live trap Mohave ground squirrels (Soermoohilus moiavensis) and American martens, Conducted workshops on detection of forest carnivores for the USDA Forest Service Region 1 (Kalispell MT) and Region 6 (Portland OR), and for the University of California Cooperative Extension (Riverside CA); member of the Monitoring Committee of the Interagency Forest Carnivore Working Group; served on expert panels evaluating consequences of forest -management options on wildlife in the Pacific Northwest and the Sierra Nevada for the USDA Forest Service; reviewed manuscripts for The Journal of Wildlife Management, Ecological Monographs, Conservation Biology, Mammalian Species, and the Wildlife Society Bulletin; consulted to the California Academy of Sciences on their permanent exhibit "Wild California"; provided photographs and reviewed text for Life on the Edge. A Guide to California's Endangered Natural Resources: Wildlife published by Biosystems Books. References Prof. Reginald H. Barrett (510-642-7261) Dr. Peter Gogan (406-994-6989) ESPM, 151 Hilgard Hall USGS-BRD University of California Montana State University 7 Berkeley CA 94720-3110 Prof. Dale McCullough (510-642-8462) ESPM, 151 Hilgard Hall University of California Berkeley CA 94720-3110 9 Bozeman MT 59715-5065 Dr. Patrick Kelly (559-453-1103) Endangered Species Recovery Program 1900 N. Gateway Ave. Fresno CA 93727 1. t_ MISSION VALLEY P R P P I. It T I L S Date: June 4, 2004 To: Irene Borba, Senior Planner From: Marti Buxton Mission Valley Properties RE: Information requested by City Council Attached please find information on the topics requested by some of the City Councilmembers at the May 17 council meeting. The topics include the following: • Traffic • Badgers • Drainage and Hydrology • Maintenance If you require any further information, please let me know. 5000 Hopyard Road - Suite 170 • Pleasanton • C illomia 94588 Tel 925.254-1020 Fax 925.254-7954 mbuxton@us-buxton.com Traffic" In response to comments made during the May 17 City Council public hearing, Alan Tilton of W -Trans has prepared responses that are summarized below. His Ietter and the proposed County of Sonoma Guidelines for Traffic Studies are attached. Evaluating the Paula Lane Traff c Impacts under County of Sonoma Significance Criteria. • The County of Sonoma has drafted new criteria thresholds for traffic impacts. The criteria used by the County have higher thresholds than those used by the City of Petaluma and therefore the more conservative City significance criteria was used. Subsequent to the May 17 meeting, the impacts of the Paula Lane project were evaluated using the County's new criteria and determined that the increase in traffic volumes will not result in a finding of significant impacts. A'hat is the projected traffic volume from the City Traffic Model for Paula Lane between Bodega Avenue and West Street and how does this compare to City Significance Criteria? • The average daily traffic (ADT) volume including current volumes between and those projected at project buildout on Paula Lane between West Street and Bodega Avenue is 1,450 vehicle trips per day. This projected volume is below the City's accepted threshold of 2,000 ADT for local streets and 6,000 ADT for collector streets under Existing plus Project and Future plus Project Conditions. Paula Lane is designated as a collector street in the current City General Plan. Safety Concerns • A review of traffic collision records for the years 2000 through 2003 revealed no reported traffic collisions on Paula Lane suggesting that motorists are driving responsibly. Speeding was raised as a safety concern. The 25 miles per hours posted speed on Paula Lane is consistent with a residential setting. Other studies were conducted by W -Trans including a Traffic Impact Study, dated November 2001 and a second study dated May 2002 because some of the traffic counts in the first study were conducted on September 11, 2001. Additional information was provided in response to questions from the DKS peer review. The key findings were that: • The project will result in a slight incremental increase in site -generated traffic • The project impacts together with street improvements that have been made on Bodega Avenue result in acceptable service levels at the studied intersections. • The additional project related trips would not lower service levels at any of the study intersections below thresholds established in the City of Petaluma General Plan • Residential capacity on adjacent streets will not be exceeded with completion of the project as proposed • There have been no reported collisions on Paula Lane in the past 4 years • Recommendations to improve safety included pedestrian advisory signs, striping the pedestrian shoulders, stop signs at project streets A and B, painting curbs red where parking is prohibited. Badgers • The American Badger is a California Species of Special Concern and although it is not listed under the California Endangered Species Act or the Federal Endangered Species Act, it is given special attention by California Department of Fish and Game (DFG). • DFG is identified as a Trustee Agency with regard to wildlife species pursuant to CEQA and is responsible for the conservation, protection and management of the State's biological resources. DFG is satisfied with the 3 -acre open space provided in the project for badger habitat. No studies have been published in California but in states where studies have been conducted researchers found that the typical home range area for a badger is between 300 and 3600 acres (0.5-6 square miles.) with between 0.5 to 2 animals per square mile (640 acres). As noted in the May 10 letter from DFG, Liam Davis, DFG Environmental Scientist, his opinion of the project site is that it is in an existing suburban neighborhood. He stated during the site visit that based on the current development of the neighborhood, with or without the proposed project, badgers would not be present in the area withinl0 to 20 years due to their range requirements and the density of the existing neighborhood. • Letters from DFG in March 2002 and May 2004 express support of the amount of open space for badger habitat and the other uses within the open space including the detention basin, EVA road and the pedestrian path, and the oak tree planting scheme. DFG proposes a 1 to 1 replacement for oak trees that are removed from the site. However, the project proposes a greater replacement ratio of 4 oaks for every oak tree removed. (March 13, 2002 and May 10, 2004 letters attached) • The project will implement all of the requirements listed in both of the above referenced letters. For purposes of protective measures, we have never focused on whether badgers are present on the site or not, but have always agreed to implement everything that DFG requested as if badgers are present. • Wildlife biologist, Dr. Tom Kucera will develop a badger exclusion plan that will protect any badgers that might be present during construction. Dr. Kucera is an expert on mammalian carnivores, and his work is highly regarded by DFG. Drainage and Hydrology • Al Cornwell of CSW Stuber-Stroeh provided a Preliminary Drainage Study in order to compare the existing and proposed drainage conditions. • Results of the hydrology study show that the proposed development will have virtually no impact on the peak flows through the drainage systems downstream from the project site. • The proposed detention pond at the westerly end of the property mitigates increases in flow due to impervious surfaces. • During the Planning Commission meetings and at the May 17 City Council meeting, the neighbor to the west, Mr. Rollin Bruce, expressed concerns about the detention basin and the amount of water that currently runs onto his property. • Mr. Bruce presented a video to both the Commission and Council, showing water running on to his property during a storm. It should be noted that the vast majority of the water was runoff from the paved road surface and the driveway directly across from his driveway. • In addition, at the Council meeting be presented a_calculation package that implied that the CSW/Stuber-Stroeh calculations were reviewed by the office of Steven Lafranchi. The attached memo from Mr. Lafranchi that was sent to Council and staff clarifies that that was not the case. • In a January 15, 2004 email to Craig Spaulding and Irene Borba Mr. Bruce stated that Craig Spaulding's "idea to intercept the last drain inlet and send it to the retention basin would slow the water to a trickle." (January 15, 2004 email attached) • As part of the project improvements, the Paula Lane development will intercept the last drain on Sunset Drive and connect it to the project storm drain system and direct the runoff to the project detention basin. This solution is outlined in item #2 in Craig Spaulding's February 11, 2004 memorandum to the Planning Commission. (February 11, 2004 memo attached) Maintenance Maintenance Requirement Open Space, including EVA, fencing, landscaping, paths and detention basin Sewer pump station, sanitary sewer system in Sunset Drive, Streets "A" and "B" and 4 inch force main Sewer pipe in Paula Lane Air gap system for water pressure Water tank and water pipes , Public Streets Landscaping strip within the public right of way Street Lights Electrical and gas lines Entity to Perform Entity to Fund Maintenance Maintenance Home Owners Association HOA (HOA) will contract for ( services To be determined HOA Contractor or City City of Petaluma City of Petaluma_ Individual homeowner Homeowner City of Petaluma for tank/ City of Petaluma pipes in the public ROW City of Petaluma City of Petaluma HOA or adjacent lot owner HOA or adjacent f lot owner j City of Petaluma City of Petaluma PG&E PG&E f i June 4, 2004 w-tra n3' Whltl«ka VJeivberga Tnmp°rvvi°n.Inc 599 5evc"tn Sveet 5•m° Sarna K. P°sa. CA 55591 Ms. Marti Buxton was 7015529560 W )0159].9599 Mission Valley Properties 5000 Hopyard Road, Suite 170 Pleasanton, CA 44588 Response to Comments — Traffic impact Analysis for the Paula Lane Subdivision Dear Ms. Buxton; As requested, Whitlock & Weinberger Transportation, Inc. (W -Trans) has reviewed the .comments presented at the hearing in front of the City of Petaluma City Council regarding the Paula Lane Subdivision. We have paraphrased the concerns raised (shown in italics), and followed each with our response. 1. Was Paula Lane evaluated under County of Sonoma Significance Criteria? The County of Sonoma Permit and Resource Management Department has established new criteria thresholds for traffic impacts and a copy of the criteria is attached. The criteria used by the County of Sonoma has higher thresholds than those of the City of Petaluma and therefore the more conservative City significance criteria was used. The potential impacts of the Paula Lane Subdivision were subsequently evaluated under the County's new criteria and the increase in traffic volumes associated with the Paula Lane Subdivision to streets and intersections will not result in a finding of significant impacts under either criteria as the level of service on roadways and intersections will continue to operate at service levels better than LOS D. 2. What is the projected traffic volume from the City Traffic Model for Paula Lane between Bodego Avenue and West Street and how does this compare to City Significance Criteria? Paula Lane is designated as a 'Collector Street' in the City of Petaluma General Plan and is included in the City Traffic Model, The Traffic Model outputs were reviewed to determine the projected future traffic volume on Paula Lane at General Plan buildout (Year 2025). Using the ratio of base year model volumes to General Plan buildout volumes multiplied by current volumes, the average daily traffic (ADT) volume projected on Paula Lane between Bodega Avenue and West Street is 1,450 vehicle trips per day. This projected traffic volume is below the accepted threshold of 2,000 ADT for local streets and 6,000 ADT for collector streets under Existing plus Project and Future plus Project Conditions. Paula Lane is designated as a collector street in the current City General Plan. 3. Safety Concerns A review of traffic collision records for the years 2000 through 2003 revealed no repotted traffic collisions on Paula Lane. The lack of a traffic collision history suggests that motorists using Paula Lane are driving responsibly. Speeding was also raised as a safety concern. The posted speed on Paula Lane is 25 miles per hour and is consistent with a residential setting. Ms. Marti Buxton Page 2 June 4, 2004 If you have any further questions please do not hesitate to give me a call. Sincerely, G. TR001215 Allan G. Tilton, P.E.\\ *\ Exp. 9/30/04 /* Senior Associate \ „ ,_ ,/ / AGT/agr/PET047.RtoC2.wpd Enclosures June 2, 2004 Ms. Marti Buxton Mission Valley Properties 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 w -t ra n s WbW.,[ 8 W..b.,,r Tramporurwrt.lnc Response to Comments — Traffic impact Analysis for the Paula Lane Subdivision Dear Ms. Buxton; As requested, Whitlock & Weinberger Transportation, Inc. (W -Trans) has reviewed the comments presented at the hearing in front of the City of Petaluma City Council regarding the Paula Lane Subdivision. We have paraphrased the concerns raised (shown in italics), and followed each with our response. 1. Was Paula Lane evaluated under County of Sonoma Significance Criteria.? The County of Sonoma Permit and Resource Management Department has established new criteria thresholds for traffic impacts and a copy of the criteria is attached. The criteria used by the County of Sonoma has higher thresholds than those of the City of Petaluma and therefore the more conservative City significance criteria was used. The potential impacts of the Paula Lane Subdivision were subsequently evaluated under the County's new criteria and the increase in traffic volumes associated with the Paula Lane Subdivision to streets and intersections will not result in a finding of significant impacts under either criteria as the level of service on roadways and intersections will continue to operate at service levels better than LCIS D. 2. What is the projected traffic volume from the City Traffic Model for Paula Lane between Bodego Avenue and Sunset Drive and how does this compare to City Significance Criteria? Paula Lane is designated as a 'Collector Street' in the City of Petaluma General Plan and is included in the City Traffic Model. The Traffic Model outputs were reviewed to determine the projected future traffic volume on Paula Lane at General Plan buildout (Year 2025). Using the ratio of base year model volumes to General Pian buildout volumes multiplied by current volumes, the average daily traffic (ADT) volume projected on Paula Lane between Bodega Avenue and West Street is 1,450 vehicle trips per day. This projected traffic volume is below the accepted threshold of 2,000 ADT for local streets and 6,000 ADT for collector streets under Existing plus Project and Future plus Project Conditions. 3. Safety Concerns A review of traffic collision records for the years 2000 through 2003 revealed no reported traffic collisions on Paula Lane. The lack of a traffic collision history suggests that motorists using Paula Lane are driving responsibly. Speeding was also raised as a safety concern. The posted speed on Paula Lane is 25 miles per hour and is consistent with a residential setting. Ms. Marti Buxton Page 2 If you have any further questions please do not hesitate to give me a call. Sincerely, QROFESS/pe,,_ Allan G. Tilton, P.E. TR001215 Senior Associate ,r &p. 9J3D/04 AGT1agz/FE(047. R W C2.wpd Enclosures June 2, 2004 TRAFFIC IMPACT THRESHOLDS SIGNIFICANCE CRITERIA FOR PROJECT -LEVEL AND CUMULATIVE IMPACTS The project would have a significant traffic impact if it results in any of the following conditions: On-site roads and frontage Imarovements: Proposed on-site circulation and street frontage would not meet the County's minimum standards for roadway or driveway design, or potentially result in safety hazards, as determined by the County in consultation with a registered traffic engineer. 2. Parking: Proposed on-site parking supply would not be adequate to accommodate parking demand. 3. Emeraencv Access: The project site would have inadequate emergency access. 4. Alternative Transportation: The project provides inadequate facilities for alternative transportation modes (e.g. bus turnouts, bicycle racks, pedestrian pathways) and/or the project creates potential conflicts with adopted policies, plans, or programs supporting alternative transportation, 5. Road Hazards: Hazards are increased due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment, heavy pedestrian or truck traffic), 6. Vehicle Queues: The addition of project traffic causes the 951" percentile queue length to exceed roadway turn lane storage capacity'. 7. Signal Warrants: The addition of the project's vehicle or pedestrian traffic causes an intersection to meet or exceed Caltrans signal warrant criteria. 8. Turn Lanes: The addition of project traffic causes an intersection to meet or exceed criteria for provision of a right or left turn lane on an intersection approach 2. S. Siaht Lines: The project constructs an unsignalized intersection (including driveways) or adds traffic to an existing unsignalized intersection approach that does not have adequate sight lines based upon Caltrans criteria for state highway intersections and County criteria for County roadway intersections. 10. Countv Intersections: The County Level of Service standard for intersections is Level of Service D. The project would have a significant traffic impact if the project's traffic would cause an intersection currently operating at an acceptable level of service (LOS D or better) to operate below the standard (LOS E or F). If the intersection currently operates or is projected to operate below the County standard (at LOS E or F), the project's impact Is significant and cumulatively considerable if it causes the delay' for any critical movement to increase by five seconds or more. The delay will be determined by comparing intersection operations with and without the project's traffic for both the existing baseline and projected future conditions, The above criteria apply to all controlled or uncontrolled intersections with projected traffic volumes over 30 vehicles per hour per approach or per exclusive left tum movement. 11. County Roadwav Operations: The County Level of Service Standard for County roadway operations is to maintain a Level of Service C, or for specific roadway segments, the level of service standard adopted in the General Pian Figures CT2c - CT2d. The project would have a significant traffic impact if the project's traffic would cause a road currently operating at an acceptable level of service to operate at an unacceptable level (i.e. LOS D, E or F). If a road segment currently operates or is projected to operate below the adopted standard referenced above, the project's impact would be significant and cumulatively considerable if it causes the average speed to decrease by the amounts shown in Table 1 below. The change will be determined by comparing roadway conditions with and without the project's traffic for both the existing baseline and projected future conditions. TABLE 1 TRAFFIC IMPACT THRESHOLDS FOR 2 -LANE COUNTY HIGHWAYS AND RURAL CLASS I ROADWAYS WITH LEVEL OF SERVICE BELOW LOS C If the Baseline or Then the existing The project's impact is Projected LOS average travel speed considered significant if the without project is: is (miles per hour decrease in average travel [mph]):' speed associated with the project is: D 40-45 mph 2 mph E 40 mph or less 1 mph F' 0.5 mph These criteria apply to Rural Class I roadways. Other roadways will be evaluated on a case-by-case basis. . 12. State Hinhways:5 Caltrans' level of service standard on State highways is to maintain the level of service at the transition between LOS C and LOS D. A project would have a significant impact if the project traffic would cause the operation of a State highway to operate below LOS C. If a State hiahwav currentiv ooerates or is oroiected to operate below the standard, the oroiect's impact would be sioniftcant and cumulatively considerable if it does not maintain the existino "measures of effectiveness". Measures of effectiveness are: (a) control delay per vehicle for signalized intersections; (b) average control delay per vehicle for unsignalized intersections; (c) average speed for two lane highways, and (d) density for multi -lane highways S. Footnotes: 1. Based upon HCS analysis methodology for signalized intersections and formula contained in November 2001 ITE Article (Estimation of Queue Length at Unsignalized Intersections) for side street stop sign controlled intersections. 2. Based upon Caltrans criteria for state highways and Intersection Channeliztion Design Guide (NCHRP Report 279, Transportation Research Board, 1985) for county roadways. 3. As defined in the year 2000 Highway Capacity Manual. Note: The year. 2000 Highway Capacity Manual refers to average control delay for side street stop sign controlled intersections. 4. The year 2000 Highway Capacity Manual does not provide an average travel speed breakpoint between LOS E and LOS F operation. 5. State Highway thresholds are based on Caltrans Guide for the Preparation of Traffic Impact Studies, State of California Department of Transportation, June 2001. The most recent version of this handbook may be found on the internet. (h ttp://www.dot. ca. gov/h q/traffops/developserv/ope rati ona lsyste ms/) 6. Measures of effectiveness are defined in the most recent version of the Highway Capacity Manual, Transportation Research Board, National Research Council. County of Sonoma Guidelines for Traffic Studies May 11, 2004 N:\AAA\SOX\PET1047P E11PET047Enclosure.wpd Aitachutent C Traffic Impact Thresholds Borba, Irene From: Sent: To: Cc: Subject: Steven J. Lafranchi [steve@sjla.com] Saturday, May 29, 2004 10:19 AM Mayor; mike4pet@aol.com; redhawks@sonic.net; bryant@bryantmoynihan.com; petalumamike@aol.com; ptorliatt@aol.com; CityCouncil Borba, Irene; Spaulding, Craig; Moore, Mike Paula Lane Subdivision I would like to take this opportunity to correct information that was given at the last City Council Meeting concerning the subject project. Rollin Bruce presented drainage calculations to Craig Spaulding and Al Cornwell just prior to the meeting on work that we performed for him three plus years ago in conjunction with the development of his property. The calculation package along with his subsequent presentation implied that we had also reviewed the drainage calculations by CSW Stuber-Stroeh and were in disagreement with their findings. Mr. Bruce took the position that an oversight by CSW Stuber-Stroeh had occurred because they had different runoff quantities at one culvert compared to our report while making it appear that we were somehow in agreement with this assessment. To this date we have not been asked by Mr. Bruce or any other party to review any work related to this project. Hydrology and hydraulic calculations can be complicated at many levels from evaluating drainage areas, runoff coefficients, times of concentration, etc. and Mr. Bruce does not have the professional expertise to make a qualified judgment in this area. Z support Mr. Bruce's right to say what he wants but not when he attempts to validate his position based on our professional experience and reputation when neither was sought. Sincerely Steven J. Lafranchi, P.E., P.L.S. Steven J. Lafranchi & Associates, Inc. civil Engineers - Land Surveyors 775 Haywood Drive, Suite 312 Petaluma, California 94954 707-762-3122 Voice 707-762-3239 jun -11-411a 11:I4en From-COLCASTLEBNICNOLSON LLP 1 —COXCASTLE NICHOLSON W-- Sun.: 11, 2004 VIA FACSIMILE AND MAIL Ciry Council Members Cin= of Petaluma P.O. Box 61 Pet;duma, CA 94953 Amt: Ms. Irene Borba Re: Paula Lane Subdivision Proiect Honorable City Council Members: +415 3824250 T-146 P 002/005 F-601 Cox, Casdc & Nichabon LLP 555 Montgomery Street. Suite 1500 San Francisco, California 9411I 1`415392.4200 F 415.392.4250 Margo N. andish 415.262.5100 mbndish@coxendo,com Filc No. 45367 Pursuant to the request of Council Member Healy at the May 17, 2004, Council hearing on the Mission Valley Properties' (the "Applicant") proposed Paula Lane subdivision protect (the "Project" }, this letter responds to the testimony of Ms. Paige Swartley, attorney for PLr1N. As a preliminary matter, there appears to be agreement among the attorneys on sevr;ral applicable legal principles. First, there is agreement that the "substantial evidence" standard governs the City's decision to prepare a Negative Declaration rather than an Em ironmemal Impact Report ("EIR"). CEQA Guidelines f1506409. As indicated in my prior concspondence to you, CEQA provides that the City "shall" prepare a Negative Declaration or Mitigated Negative Declaration rather than an FIR if there is no "substantial evidence" that the Prosect, as revised and mitigated, may have a significant effect on the environment. CEQA Guidelines § 1306469(2), (3). Second, there is agreement that "substantial evidence" must include facts, reasonable assumptions predicated on facts and expert opinion supported by facts, and does not include argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous or evidence that it not credible. CEQA Guidelines §1306409(5). Id. Finally, Ms. Swartley's citation to Sierra Club v. County of Sonoma (1992) 6 Cal.App.4th 1307, 1316-18, for the proposition that CEQA establishes a low threshold requirement for initial preparation of an EIR, requiring an EIR if there is substantial evidence of an impact even if there is evidence to the contrary, is accurate. Where the attorneys disagree is in the application of these legal principles to the Project, In her testimony, Ms. Swartley alleged that there is substantial evidence that the Project will have a significant impact on the environment. As detailed in my prior correspondence to you, there is not. Without repeating that correspondence here, the balance of this letter addresses Ms Swanley's specific testimony. 1►-- www Lvxcasde.com Los Mgdu j Orange County j San Francisco Jun -11-2004 11:14am from-CO%.CASTLE&NICHOLSON LLP +415 3024250 T-146 P 003/005 F-501 Hotlorable City Council June 11, 2004 Page 2 Neighbors' Opinions; Ms, Swartley's citation to the recent decision in Ocean View Estates Homeowners Association, Inc, v. Montecito Water District (2004) 116 Cal.AppAth 396, for the proposition that the neighbors' opinions constitute substantial evidence is inapposite. In Ocean View, the court found that "die overall aesthetic impact of an aluminum cover [on a water reservoir] is by its very nature subjective ... (and) not the special purview of experts." In such cases, the Ocean View court suggested that personal observations of nontechical issues can constitute substantial evidence. Id. at 402, Similarly, in Oro Fino Gold Mining Corp. v. County afl-t Dorado ( 1990) 225, Cal.App.3d 872, the court found that a requirement of compliance with noi!:c standards carried less weight where neighbors testified regarding the county's failure to enf irce its noise ordinance. Because the neighbors' testimony concerned the nontechnical issue of enforcement and not the technical noise analysis, the court concluded that these personal observations could constitute substantial evidence. See id. In contrast to Ocean View and Oro Fino, the areas of impact identified by Ms. Swartley as the subject of neighbors' opinions (e.g., wildlife corridors, biology, historic resources, traffic, hydrology and water quality, drainage and flooding) involve technical issues where experts do have special purview. While the City "may not refuse to consider uncontradicted testimony based upon objective data" (Citizens Association for 3ensihle Development of Bishop Area v, County oflnyo (1985) 172 Ca1.App.3d 151, 173), the City is entitled to determine that the neighbors' subjective opinions on technical matters do not constitute substantial evidence in the face of objective, expert evidence to the contrary. Planning Commission Decision: leis. Swartely's emphasis (without supporting citations) on her characterization of the Planning Commissioners as experts for CEQA purposes is misplaced for several reasons. First, -die Planning Commission took no action with respect to the [`legative Declaration, choosing instead to recommend disapproval of the Project as a policy matter. (CEQA does not apply to projects which are disapproved. CEQA Guidelines §15270.) Although the Planning Commissioners discussed various environmental issues, the Commission did not reach a conclusion (expert or otherwise) regarding the adequacy of the Negative Declaration. Second, even if it had done so, "the comrnission's conclusions from the evidence presented to it do not themselves constitutes [sic] evidence of such effects." Perley v. Board of Supervisors (1982) 137 Cal.App3d 424, 435. As noted in Perley, any contrary result would be unsupportable because it would remove from the City Council (and cede to the Planning Commission) the authority to issue a Negative Declaration. Id. In contrast to Planning Commissions, CEQA case law does establish that "planning department officers do qualify as experts since this type of analysis is their business." Greenebaum v. City ofLos Angeles (1984) 153 Ca1.App3d 391, 413. As you know, the Community Development Department recommended approval of the Negative Declaration for the Project. See November 12, 2003 statfreport to Planning Commission. Specific Projecr Impacts In her testimony, Ms. Swartley alleged the existence of expert disagreement with respect to Project impacts on the American Badger and historic resources and claimed that this disagreement requires preparation of an EIR. In making this argument, Ms. Swanley claimed Ju4-11-2004 11:15an From-COX.CASTLE&NICNOLSON LLP Honorable City Council Jun,: 11, 2004 Paga 3 +415 3024250 T-146 P BOOM F-601 that CEQA Guideline Section 15064(g) requires an EIR whenever there is expert disagreement over the significance of an effect. in fact, as indicated in my prior correspondence to you, disagreement among experts requires an EIR only if it is unclear whether there is substantial evidence that the Project may have a significant effect, and even then only when the expert opinions are rendered by qualified experts and are supported by facts. See CEQA Guidelines §15064(g). With respect to the Project, those prerequisites are missing. Again without repeating my prior correspondence here, following is a response to the specific issues raised in Ms. Sw;utley's testimony. American Badger In her testimony, Ms. Swanley argued that (i) the opinions of Ms. Fitts and Dr. Smallwood constitute expert evidence of the presence of American Badger habitat on the Project size, and (ii) that this evidence requires a mandatory finding of significance under CEQA Guidelines Section 15065(a). Neither of these arguments can he substantiated. First, the opinions of Ms. Fitts and Tar. Srnallwod regarding the presence of American Badger habitat on the Project site do not constitute qualified expert opinions supported by facts. See CEQA Guidelines §15064(g). In the case of Ms. Fitts, she is not an expert in American Badgers or even rare mammalian carnivores. In the case of Dr. Smallwood, his letter opinion is nothing more than speculation based upon review of photographs of alleged American Badger dens and prints. In contrast, the record contains expert evidence from Dr. Kucern, an expert in rare mammalian carnivores who has visited the Project site, that these signs could be evidence of fox, coyote or other species. Based on the foregoing, the City is entitled to conclude that the opinions of Ms. Fitts (a non -expert) and Dr. Smallwood (without supporting facts) do not constitute opinions rendered by qualified experts and supported by facts. As such, there exists no disagreement among experts that would trigger an ETR under CEQA Guideline Section 15064(8). Second, the evidence does not require a mandatory finding of significance under CEQA Guidelines Section 15065(a). That Guideline requires the preparation of an EIR where "the project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife species to drop below self -sustention levels, threaten to eliminate a plant or animal community, [or] reduce the number or restrict: the range of an endangered, rare or threatened species .... " The record does not contain substantial evidence to support these findings. Ms. Fitts alleges that the Project will cause the loss of 9 acres of American Badger habitat and asserts without evidentiary support that the Project therefore will interfere with the ability of the American Badger to move within its home range. Ms. Fitts, however, does not address the relative insignificance of this habitat loss (even assuming that this is habitat) in the context of a species that, as Dr. Kucera notes, ranges over from 300 to more than 3,600 acres. Further, Dr. Smallwood's letter does not address the impact of the Project on the American Badger at all, bur instead simply alleges that the availability of suitable habitat requires preparation of an Jun -11-2004 It:15an From-COLCASTLEANICHOLSON LLP Honorable City Council Juno 11, 2004 Paga 4 +415 3024250 T-146 P 005/005 F-601 EIR, a position that finds no support in CEQA. In any case, the Applicant voluntarily incorporated all of the recommendations of the California Department of Fish & Game with respect to measures to avoid impacts to badgers. Based on the foregoing, the City is entitled to conclude that the record does not require a mandatory finding of significance under CEQA Guideline Section 15065(a). Historic Resources Ms. Swartley's argument that an EIR is required under CEQA Guidelines Section 15064.5(b)(2) because Painter Preservation Planning opined that the Project site might qualify as a rural historic landscape lacks merit. As indicated in my prior correspondence to you, Painter's letters suggest additional analysis, but do not contain any substantial evidence that the Project site would in fact qualify as a rural historic landscape, such that the Project might have a sigtu8cant impact on historic resources. Moreover, as detailed in Carey & Co.'s response to the Painter letter, even "[i]f the rural historic landscape approach were to be applied in this case, it is Carey & Co.'s opinion that the property would be found to lack sufficient integrity for eligibility to the California Register." Painter's speculation regarding the possible outcome of additional study does not constitute substantial evidence of a significant impact on historic resources, particularly in light of Carey & Co.'s expert opinion that additional study would not yield a different conclusion than contained in the Negative Declaration. See San Joaquin Raptor/Wildlife Rescue Or. Y. County of Stanislaus (1996) 42 Ca1.AppAth 608, 625 (holding that request for additional study, absent evidence countering a conclusion of no significant impact, does not require an EIR). Thank you for the opportunity to respond to Ms. Swartley's testimony. Please do not hesitate to have City staff contact me should you have any questions with regard to this matter. Very truly yours, Margo NVBradish 4536IW9161vl cc: Ms. Martha Buxton Ms. Irene Borba Richard Rudnansky, Esq. AGitici_ILTU Rt L. FPi ESE R ��"ATI l7ly 6 OFENt SPACE ,u-.ao�ino� UPEN SPACE DISTRICT PAGE 02/12 June 10, 2004 David Glass, Mayor City of Petaluma Council Chambers, City Hall I I English Street Petaluma, CA 94952 .Dear Mayer Glass and Councilrnembers: It has recently come to our attention that representations are being made that the W7 Mendocino Avenue District is interested in acquiring property located at the western edge of Petaluma Suite IN, an Paula Lane. The purpose of this letter is to clarify the District's position. Santo Ross. CA. 93At rise 01 At the request of a neighborhoodgroup,District staff visited the property and has . =s.; t707? 564-7.!;i4 had subsequent discussions with their representatives. Since the District was first approached, the property has been under option with a developer who we understand is pursuing a development plan with the City of Petaluma and intends to purchase the property, As you are aware, the District's conservation program requires a witting seller. Further, staff evaluated the project and determined that it is not a priority under Acquisition Plan 200D criteria. We are currently involved in nogotations on numerous priority projects throughout Sonoma County. Unfortunately, not all open space projects can be considered under the District's program Thank you for the opportunity to comment on this matter. Should you have any questions, please feel free to contact me at 565-7360. Sincerely, Maria J. Cipriani Assiastne GereralMaraw c: Director MlkeKerns, SemlDisrnd Andrea Mackenzie, Gerrnul Mmn.I¢r Irene. Borba, seniarpz,Giyg'PaaGara Partners Hand E Herbert Stephen R. Wee Meta sense June 11, 2004 Marti Buxton Mission Valley Properties 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 Dear Ms. Buxton: At your direction and request, I have prepared this letter to clarify our findings and to address subsequent correspondence related to the evaluation of historic significance of the property at 431-435 Paula Lane (APN: 019-080-010 and 019-080-009). The original evaluation and subsequent correspondence include: • Anril 10, 2002. JRP inventory and evaluation. DPR523 form submitted with a summary letter report. ■ March 4. 2003. Carey & Co., Inc. Peer review of JRP April 2002 evaluation. • January 12. 2004, Diana Painter letter regarding JRP evaluation and Carey & Co. peer review. ■ February 3. 2004. Carey & Co., Inc. response to Painter letter of January 12. • Mav 12.2004. Diana Painter Carey & Co., letter of February 3. Both of the Carey & Co. letters concur with our April 2002 finding that the property consists of the remains of a small farm complex that does not meet either the significance criteria of the National Register of Historic Places (National Register) or the significance criteria of the California Register of Historical Resources (California Register). Both of Ms. Painter's letters present her opinion that the property in question may be a "rural historic landscape," as defined by the National Park Service, and that it should be evaluated as such. The following sections outline the process that we followed in the identification of the property type, as well as the preparation of our inventory and evaluation, and will show that we have used the appropriate identification and evaluation methodology and standards in our review. 1490 Drew Avenue, Suite 110 • Davis, California 95616 - (530) 767.2521 • (5301757-2566 Fax • www.lrphistorical.nom water eesourcelAand Us^ Kslory - Culanan nescum manage nant • 106 Gsmpkance • Eacen semces y All historic inventory and evaluation projects begin with two basic tasks: 1) identification of property type; and 2) identification of the appropriate historic context/theme.[ Property types are defined by the National Register (and recognized in the California Register) as buildings, structures, objects, sites, districts, or landscapes. Possible historic themes are much more numerous, but include agriculture, architecture, commerce, education, industry, and transportation, for example. 1. Pronertv Tvne In the case of the Patch Lane property, our initial research and site visit suggested that the most accurate description was that of a former farm complex, with potential significance in the themes of agriculture and architecture. Both the National Register and California Register consider "a historically and functionally related unit," such as a house and ancillary buildings, to be a "building" property type, not a district or landscape.'' Our conclusion that the Paula Lane property was a "building" property type was based on consideration of all other property types. The Paula Lane property clearly does not meet the definition of a structure (bridges, tunnels, dames, railways, etc.), or object (sculpture, boundary markers, fountains, etc.). The one object identified in the farm complex, an outdoor oven, is a modern feature that does not date to the same period as the main house. The property could arguably be defined as a site, but this type is usually reserved for sites of prehistoric habitation or activity, or specific significant events, such as battles, sites of treaty signings, or shipwrecks. In fact, National Register guidelines note that "landscapes small in size and having no buildings or structures, such as an experimental orchard, are classified as sites." s The Paula Lane property does include buildings, and therefore "site" is not the correct classification in this case. The Paula Lane property does not meet the definition of a district or landscape, two property types that share a very similar definition. The National Register and California Register recognize that a group of buildings, structures, objects, or sites (such as a cental business area, residential area, canal system, large farm, or transportation network), that contains a significant cnncenpniion of resources, is a "district" property type, These Our original evalualiun mid this letter use the California Register and National Register guidelines as tile hasis for the identification, inventory, and evaluation of file suhiccl property. This methodology follows [he reconmlendation or the City of Pelaunut's Zoning Ordinance No. 1072, Article 17, Suction 506 (Ord 2097 N.C.S., 9/99). which specifically references the historic signiliennee criteria of the Culil'ornin Regislor (Criteria I. 2. 3, and 4). As noted in 0111• evutua[ion, the California Register is closely modeled on the National Register, but tines not include the sante level ordetailud guidunce is the National Register (which employs significance Criteria A, B, C. and D). It is common practice in conducting historic evaluations fur the California Register In refer to the extensive guidance offered by the national program. Tills practice is established in vnrinus publicmions of the Calil'arniu Orrice of Historic Preservation Iha[ specifically reference the guidance of the National Regisler. Please refer to [he Pub]icalions list at the end otitis letter ['or Specilic cilatinnS.'rile [hree levels a1' guidance that we used for this project, thereftire, included tile City orPctalunla ordinance. the California Rceisier. and the National Regisier. ' USDI. NPS. "How al Complete the National Register Rcgisu'ntion Fenn.- Nurional Rcgi.rrer lJullerin MA (Washington. D.C.: United States Department of the Interior. 1997). 15. USDI. NPS. "Guidelines fur Evaluation and Documenting Rural historic Landscapes." Na ionol Register Bufferin 30 (Washington. D.C.: United Slates Department or [he Interior. 1989: revised 1999). 2. 1) resources must be "united historically or aesthetically by plan or physical development."4 The National Register also delines a historic landscape (in this case a rural historic landscape) in a similar way: "a geographic area that historically has been used by people, ... and that possesses a Sigrtificcml Concentration, linkage, or continuity of areas of land use, vegetation, buildings and structures, roads and waterways, and natural features" [emphasis added]." Whether considered a district or a landscape, therefore, the property must contain a "Significant concentration, linkage, or contitntity" of resources in order to receive one of these classifications. This significant grouping of resources includes those features that convey the historical importance this type and can include buildings, structures, objects, and landscape elements such as circulation networks, boundary demarcations, vegetation related to land use, internal clusters of resources, archeological sites, small-scale elements, and natural features (such as human responses to topography or water courses). A landscape is defined by the relationship of these components to the landscape and to each other, as Ms. Painter noted in both her letters. The Paula Lane property does not contain this significant concentration, and it is not appropriate or correct to identify it as such. The eleven acres included in the two legal parcels of the current Paula Lane property are only a fraction of the original Paula family property, which was thirty-three acres in size. None of the interior fence lines, fields, corrals, faun yard, animal pens, barns, outbuildings, tank house, or windmill remain. Two modern cra (1960s) buildings have also been added to the farm complex, it small dwelling and an open -sided garage, as well as an outdoor oven, and these additions constitute an intrusion that further deteriorates the integrity of the property. The National Register guidelines are quite specific about this type of change in a landscape: "recent changes that have erased historic characteristics, and do not have exceptional importance, make a property ineligible, even if scenic qualities are still present."(' It was clear upon first inspection of the property that it should be evaluated for what it is: the remnants of a complex of farm buildings, not it,, it district or landscape. In addition to the guit elines of the National Register and California Register programs discussed above, the California Department of Transportation (Caltrans) has also developed guidelines for identification and evaluation of historic landscapes. These guidelines do not directly govern the historic evaluation of the Paula Lane property, but tire useful in considering the identification of landscapes as it property type. These guidelines specifically caution that: Not all possible landscapes will be found eligible or even require a hall landscape study, however. Any geographic areas which possesses a notable human relationship with the )and and tangible physical features might be considered a cultural landscape of some sort, but many hack qualities which could possess the potential for historical significaucc. Landscapes with virtually ` USDI, NPS. Nttioual Register Unfletin 10At 15. `USD], NPS. National Register Milled" 30-3. USDL NPS. NeWonad Register 6atletin 30. 2. 3 no potential for eligibility because of age, hack of any significant associations, or substantial loss of integrity can usually be dismissed from consideration in a brief statement without conducting it Formal evaluation."' The guidance provided by both the federal and state registration programs, therefore, indicates that it is not appropriate to categorize the Paula Lane property as a "landscape" type. 2. Historic Context / Theme IRP conducted context research before and after field recording the Paula Lane property, both to establish the historical themes with which the property is associated, and to prepare it history of the property itself. This research included review of published histories, city and county government records, historic manuscript collections, University of California library and special collections holdings, federal population census data, historic maps, and historic aerial photography. The identification of the property as a "building" type would have been immediately revisited if this research revealed information indicating that a different property type categorization was appropriate. The original period of construction for the complex was the early 1890s and its original function was that of a small general farm. The dairy house dates to ca. 1910-1920. The appropriate historic context, therefore, includes the themes of agriculture and rural architecture from about 1890 through 1920. The research showed that small farm operations, particularly poultry farms, but also dairy and general farms, proliferated in the vicinity of Petatuma during the late nineteenth and early twentieth century. The pattern of land use, development of local road systems, and the development of rural residential architecture are all related to these themes as well. Our evaluation of the property, therefore, proceeded within this historic context and time period. 3. Evahiation of Sienificance This property does not meet National Register or California Register, criteria for significances Our evaluation was conducted in accordance with Section 15064.5(.1)(2)- {3) of the CEQA Guidelines, using the criteria outlined in Section 5024.1 of the California Public Resources Code and is adequate under CEQA. The evaluation presented on the DPR523 form we submitted in April 2002 is appropriate to the resource and stilt stands. Furthermore, our conclusion would be the same whether this property wits categorized as a "building" property type, a "district" property type, or as it "9andscapc" property type. ° CuRrans Cnviroamental Pro runt. General Guideliuee.rar lderrt l injq and Eraharriug Histarir Landwapes (February 1999), uvailahle online w: Irapa/hviviv.Qul.ca.@uv/ser/guid;mce.him#Landscapes. x Please refer to footnote I fora description o1'111c evaluation guiduncc used Cor this evaluntion. The ]'arm complex does not meet the criteria for significance under the National Register or California Register programs because it does not appear to be significant within the context of agricultural or rural architectural development in the area. Our research and analysis show that the property (whether considered ars a building, district, or landscape) is not important within this context. All resources tine associated with some historic context, but to be eligible under Criterion A or Criterion i, a property must have a specific important association. This property does not appear to have specific importance within the context of agricultural or rural residential development in this area during the period from 1890 through the 1920s.1) The Paula Lane property is not associated with a historically significant person (Criterion B and Criterion 2), does not embody distinctive architectural or design characteristics Within its type, period, or method of construction (Criterion C and Criterion 3), nor is it likely to yield information important to history (C•ietrion D and Criterion 4)."1 Even if it did have significance under one of these criteria, the property does not retain integrity. This lack of integrity is apparent whether it is considered a building, a small complex of buildings, a district, or a landscape. It was clear from the onsite inspection and from subsequent research that what little did remain of (lie farm complex had suffered a substantial loss of integrity: • The main house (ca. 1890) and the milk shed (ca. 1910-1920) have lost integrity throu,h modifications and additions. • No other buildings, structures, or objects dated to the historic period of the complex (or 1890 through the 1920s). • The original Paula farm property is only about one-third its original size. • Most of the other landscape elements of the farm have been removed, such as interior fence lines, fields, corrals, farm yard, animal pens, barns, outbuildings, tank house, and windmill. • The modern buildings and outdoor oven on the property constitute intrusions that substantially impair the integrity of the property and certainly reduce its potential to be categorized as a historic rural landscape. t t • The setting of the property has also been diminished because two modern subdivisions 1711 the area to the cast and north of the property, an area that was comprised of other farmsteads during the potential period of significance. The Paula Lane property, therefore, floes not retain integrity of design, materials, workmanship, setting, feeling, or association. ° This analysis uppe.irs in inure detail on die uriginat DPR523 roan. to 7'Itis analysis appears in inure detail on tis original DPR523 forin. rt The non-hisinric era clenients (tits secnndury residence and garage and outdoor oven) are less than filly years old and ori: 1101 cnnsidcrt!d historic resources under CEQA, nor du they appear to meet the exacting standards necessary fur properties Icas than filly years old to lie considered historic resources in spite of their agc. I hope that this description of our methodology for the identification, inventory, and evaluation of this property clarifies how we conducted the work and how we arrived at our conclusions. If we can provide additional information or answer any questions regarding this matter, please do not hesitate to contact LIS. Sincerely, Met�s�c!'�"__"''_ Partner cc: Irene Borba, Senior Planner, City of Petaluma Marti Buxton, Mission Valley Properties M,u-go Bradish, Mission Valley Properties encl: J 6 PUBLICATIONS LIST: Caltrans Environmental Program. Cenerarl Guidelines,farlalentif}ing rrna! Esaluatting Historic Landscapes. [Sacramento: n.pj, February 1999. Available online at: httn:lhvww.dot.ca.Qov/serleuidance.ht m#Landscapes. [The following California Register program publications are also available on the internet: htip://ohp.parks.ca.gov/default.asp?page_id=10691 California Office of Historic Preservation. brstr•uctions,for Recoraling Historical Resources. Sacramento, CA: OHP, 1995. . "California Environmental Aqulity Act (CEQA) and Historical Resources." Technical Assistance Series #L May 2001. "How to Nominate a Resource to the California Register." Includes "Instructions for Preparing Documentation for Nomination." Technical Assistance Series #7. September 2001. [The following National Register program publications are also available on the internet: http://www.cr.nps.gov/nr/publications/bulletins.Iltrml U. S. Department of the Interior, National Park Service. "Guidelines for Applying the National Register Criteria for Evaluation." National Register Bulletin 15. Washington DC: U.S. Government Printing, 1990; revised 1991, 1995, 1997; revised for Internet 1995, 2001, 2002. "How to Complete the National Register Registration Form" National Register Bulletin 16A. Washington, D.C.: United States Department of the trnerior National Parks Service Press, 1997. "Guidelines for Evaluation and Documenting Rural historic Landscapes." National Register Bulletin 30. Washington, D.C.: United States Department of the Interior, 1989; revised 1999. HI A 8:8�II ♦ Y " , "m tOT,2.S : 3..1 HOCSSLLH r W/HPPLB PowHxz � wrt+:+waaa-oax nPt+:iw�asa�aH : wrrr. >.saasaaos wrx; uoawaac: wPn: >_w-asoala � wm:>.w�aw-ou scar. GR"MC SCALL A m SUNSET DRIVE u .F u 4 rm v w. rtm) �uw ,PAULA LANE SECTION ¢F- tlmFn+wm, 1,1 ������II � �I .II STREET A& 8 SEcnoN rs vn l. �GYr�s�i�ir lfTl ,••sw NOM d �tl awv, rmr•+�.d wrrx d wee v, q otmve 2 Sw Aw.' G b fnM�/ 0•iy !Iw i S.e Sl�.t b RJni�y IA» lba l 5i 9�nt b PMdr.y L.Id�[ M1. S EM 9�.t Iv pbUt fmYv. Mrn 6 Ymb ewe. a.i Evq. Pvet.. dlaM {+� �tl £u� I �T mrgT:ry Y yawl m NAVII m .arb tivrm TEN'T'ATIVE MAP PAULA LANE TENTATIVE SUBDIVISION MAP PHEPA8 V FOB: YIDSION VALLEY PHOPERT SCALE: 1--40'-0' PH£PAHEB 8Y: C /S Hm-S Om BATE: }UY, 2002 Hh..L No: c2 — -r- .— y� 1u.s un 2V DRIVEWAY SECTION vn l. �GYr�s�i�ir lfTl ,••sw NOM d �tl awv, rmr•+�.d wrrx d wee v, q otmve 2 Sw Aw.' G b fnM�/ 0•iy !Iw i S.e Sl�.t b RJni�y IA» lba l 5i 9�nt b PMdr.y L.Id�[ M1. S EM 9�.t Iv pbUt fmYv. Mrn 6 Ymb ewe. a.i Evq. Pvet.. dlaM {+� �tl £u� I �T mrgT:ry Y yawl m NAVII m .arb tivrm TEN'T'ATIVE MAP PAULA LANE TENTATIVE SUBDIVISION MAP PHEPA8 V FOB: YIDSION VALLEY PHOPERT SCALE: 1--40'-0' PH£PAHEB 8Y: C /S Hm-S Om BATE: }UY, 2002 Hh..L No: c2 — -r- .— POWELL DPN: PARCI PUMP 57 DOD 5 RRUCS APR: 0734 III! R.RDM 8ffiLY I HILL P=I LA ROCIHILLR I VamflLR AM 00-050-ODz i DPN: I1SF050�00 I DPN: 00-056-005 DPN: 5040-009 I APN:06050-0t0 1 APN:lSaA56471 MOV GRAPHIC SCALE (IXY@) fill„ it Z r I II FlY y R �� lwlftfiD+i nNn WC I %IIIIID I( t I � ..=JIB MM wltl m rtli9 Mt I U E:mie n �m �"P mu .anon f>r%t m.0 qa •! rue Pm) Pn � "� SUNSET DRIVE 415 o Oto F tY �� GS Ir IY i iT tMXliAi' IGVEt uC Goes 145 _g,. �-rL Mini amy m ns4q Nrnl R Rrah 1M Tam (Tm1 an v m mw "° O1I IP Ap>.pm e>. pP m/ PAULA LANEEC710N Nu D70 -M # RN I IP � IR I 1 RNIIS S A6 AAe@ 1 I rPu'r me rtml id pPgt. a.. STRM A & B SECTION N6 PA /�35l unxf PA -67P036 � n 2 1 IP I I Iro.'f M A calm! zam! mPr 20' DRIVEWAY nW) SECTION NfS Il' A^2" t V1111r fY F2 a IS 1 0 I a,In . sa..oN Pml NY DRPAWAY CTYPJ SECT ON NOM t sNR sae.t o ra v�tlty ASs NN+w .uam nd �+ IRell(! d vNvd vAte' vote, 4�, n.mntA oaf twr w.oq,Rnmra Ef av+biav /Pf swaps iNi ePA�I fy:... L s« 9set CA fm nehisy Oae M x See Shm fa fah,k yVIIIm Nn 4 Sve SMRrc Iaf ft*rk ly um v. Vh S 5'm Slrt b b*ft CaM1aN MRP 6 levla sra sd fia, Wft of Psh i .1d Suver 4As w8 be dslosJ. T. bbft wpvwiy k Wd m NAVD Sa ww" dm. TENTATIVE MAP TENTATIVE SUBDIVISION MAP PREPARED FOR: MISSION VALLEY PROPERTIES SCALE: I' -40'—D' PREPARED BY. CSR/57CHER—STROEH DATE: MAY. 2002 FRITTING PIPE�-- 70 RFAMINS6NSET 1R. ` l = I WEIR FOR OVERFLOW E CONDITIONS — B (9 GRAPHIC SCALE I a ewer I 1 Im6 � fb M1 RI _ nOdD VM ( 1f (�Itaom uw9t I Ini/ i i ••2` 2a9 t1 —17 I R Tom/'—Imoaowawatxaat �wtn !>iOliHIM9YA 1�YW wifllr NOTES'. I TENTATIVE EARTHWORK QUANTITIES ARE CUT: 40,084 CY. FILL 40,000 CY. 2 DBSLINC TOPCXXAPHY 15 BASED ON NAVO'88 VERTICAL DATUM (JUNE, 2800. AERIAL. PHOTOC RAPHY) ROPOSED WALLS AC BERM TO DIRECT FLOW AT TRANSDION FROM GUTTER TO EXISRNG SWALE PRELIMINARY GRADING/DRAINAGE PAULA LANE TENTATIVE SUBDIVISION MAP PRE.PARD POR: MISSION VALLEY PROPERTIES SCALE: 1'•40'-0" PREPARED BY: CBR/S'=ER—STROEB DATE: MAY, 2002 Shc.L N. C4 .Per ,..BP,.o-e a.asi 12' RCP a P.E. tQJ.B x.1G 201. n� ; 7 j� \,\8 } i ° LEGEND PROPOSED ExEnma t II I ! I Stam Draft Ung 8 t 1 IB RCP~ 1% 11 W Catch ba* �— — .may — — t _ I - —140 Comm -140 in AH II I PE� 3 P.E 1 9.9 e IIIP£. M2 ( , -- _ _ Piope" ur1 _ - Ret", Wap 1 I 0 ' i I / O LwT totvdi for catdRrntO — — — — — — _ arra M Gradilg�BM Sloped Berle t . PL 209 Pad S{W9clal (PJ) —•\ // Tree canopy i i ••2` 2a9 t1 —17 I R Tom/'—Imoaowawatxaat �wtn !>iOliHIM9YA 1�YW wifllr NOTES'. I TENTATIVE EARTHWORK QUANTITIES ARE CUT: 40,084 CY. FILL 40,000 CY. 2 DBSLINC TOPCXXAPHY 15 BASED ON NAVO'88 VERTICAL DATUM (JUNE, 2800. AERIAL. PHOTOC RAPHY) ROPOSED WALLS AC BERM TO DIRECT FLOW AT TRANSDION FROM GUTTER TO EXISRNG SWALE PRELIMINARY GRADING/DRAINAGE PAULA LANE TENTATIVE SUBDIVISION MAP PRE.PARD POR: MISSION VALLEY PROPERTIES SCALE: 1'•40'-0" PREPARED BY: CBR/S'=ER—STROEB DATE: MAY, 2002 Shc.L N. C4 .Per ,..BP,.o-e a.asi