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HomeMy WebLinkAboutResolution 2018-084 N.C.S. 05/21/2018Resolution No. 2018-084 N.C.S. of the City of Petaluma, California RESOLUTION CERTIFYING ADDENDUM NO. 2 TO THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE WATER RECYCLING EXPANSION PROGRAM CERTIFIED BY RESOLUTION NO. 2008-206 N.C.S. WHEREAS, the City of Petaluma General Plan 2025 recognizes the use of recycled water as a potable water offset and to meet regulatory requirements for wastewater discharge; and WHEREAS, the City of Petaluma desires to expand its recycled water system to reduce wastewater discharges and provide additional recycled water for agricultural uses; and WHEREAS, continued agricultural reuse of recycled water will support compliance with the requirements of the Regional Water Quality Control Board through disposal/ beneficial reuse of City recycled water; and WHEREAS, on November 3, 2008, the City Council, by Resolution No. 2008-206 N.C.S., certified the Program Environmental Impact Report (EIR) for the Water Recycling Expansion Program ("Project"); and WHEREAS, Resolution No. 2008-206 N.C.S. made certain findings of fact and statement of overriding considerations as required under the California Environmental Quality Act ("CEQA") as set forth in Exhibit A to Resolution No. 2008-206 N.C.S.; and WHEREAS, on December 7, 2015, Council adopted Resolution 2015-187 N.C.S. approving Addendum No. 1 to the WREP EIR which expanded the recycled water service area boundaries; and WHEREAS, the City desires to amend the Project to extend the Recycled Water Service Area Boundary along the southeast edge as shown in Revised Figure 2-2 of Addendum No. 2 to the EIR (Exhibit A); and WHEREAS, continued agricultural reuse of recycled water will result in financial benefits to the City's recycled water program; and WHEREAS, under California Environmental Quality Act Guidelines section 15164, a lead agency may prepare an addendum to a previously certified EIR to analyze changes in a project, or in circumstances surrounding a project, where the record indicates that a supplemental or subsequent EIR or negative declaration is not required; and WHEREAS, the Council has considered Addendum No. 2 to the EIR, attached hereto as Exhibit A ("Addendum No. 2"). hereby; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Petaluma Resolution No. 2018-084 N.C.S. Page I Makes the following findings based upon the substantial evidence set forth in the record: a. The foregoing recital is true and correct and incorporated by reference. Pursuant to CEQA Guidelines 15164(b) and (e), no further environmental review is warranted because the change to the Service Area Boundary is not anticipated to increase the overall length of pipe to be installed than was considered in the initial EIR. Therefore, there are no conditions warranting further environmental review. b. The Addendum No. 2 represents the independent judgment and analysis of the City Council. 2. Determines that Addendum No. 2 is the appropriate CEQA documentation for the Project as modified. 3. Certifies Addendum No. 2. 4. Approves the modification of the Revised Figure 2-2 of Addendum No. 2 to the EIR. 5. That the documents, which constitute the record of proceedings upon which this Resolution is based, are available for review at the City Clerk's office during normal business hours. 6. That the Director of the Public Works and Utilities Department is directed to file a Notice of Determination for the certification of the Addendum. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 21 Si day of May 2018, by the following vote: AYES: Barrett, Mayor Glass, Vice Mayor Healy, King, Miller NOES: None ABSENT: Albertson, Kearney ABSTAIN: None ATTEST: aa—u—� City Clerk to City Mayos Resolution No. 2018-084 N.C.S. Page 2 Exhibit A EIR Addendum #2 — Revised Project Boundary Water Recycling Expansion Program EIR State Clearinghouse #2007052146 City of Petaluma 11 English Street Petaluma, CA 94952 March 2018 Resolution No. 2018-084 N.C.S. Page 3 Table of Contents Tableof Contents......................................................................................... Introduction................................................................................................... Applicability and Use of an Addendum ..................................................... Modifications to the Project and Changes in Circumstances ................... Location of Project Modifications.......................................................... Proposed Modifications to the Project .................................................. Changed Circumstances...................................................................... Environmental Analysis......................................................................... LandUse........................................................................................... Agriculture and Soil Quality............................................................... Geology, Soils, and Seismicity.......................................................... Hydrology and Water Quality............................................................ AirQuality.......................................................................................... Noise................................................................................................. Public Health and Safety................................................................... Biological Resources......................................................................... Transportation................................................................................... CulturalResources............................................................................ VisualResources.............................................................................. Public Services, Utilities, and Energy ................................................ References............................................................................................... ...................................... I... 1 ..................................I.........1.2 ............................................... 2 ............................................... 3 ............................................... 3 .............................................1.3 ............................................... 4 ............................................... 4 ............................................... 4 ............................................... 4 ............................................... 5 ............................................... 5 ............................................... 5 ............................................... 5 ... .......... ................. ... ...... I....... 6 ............................... ... .... I........ 6 ............................................... 7 .. .......................... ........ I.......... 7 ............................................... 7 ............................................... 7 ............................................... 8 Resolution No. 2018-084 N.C.S. Page 4 Petaluma Water Recycling Expansion Program EIR Addendum #2 Introduction In 2008 the City of Petaluma certified the Water Recycling Expansion Program (WREP) EIR (State Clearinghouse #2007052146) and approved the Program. The EIR evaluated "near-term" improvements at a project level and the remainder of the improvements and the use of recycled water at a program level of detail. The near-term improvements included a storage tank and conveyance pipelines that were to be implemented immediately after certification of the EIR and for which enough detail was known to allow a project -level review. The improvements evaluated at a program level of detail included use of recycled water, new pipelines, a small storage reservoir, new and upgraded pump stations, and associated facilities. The program level improvements were to be implemented over a longer period of time, as the demand for recycled water increased. In 2015, the City prepared an Addendum to the WREP EIR to expand the Recycled Water Service Area boundary and update a Project Measure. Now the City is proposing to expand the Recycled Water Service Area again, this time to the east along Adobe Road. Applicability and Use of an Addendum The City has determined that the appropriate CEQA document for the proposed revisions to the WREP is an Addendum to the Water Recycling Expansion Program EIR in accordance with CEQA Guidelines Section 15164(a) which states that a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR has occurred. Under CEQA Guidelines Section 15162, when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Resolution No. 2018-084 N.C.S. Page 5 Petaluma Water Recycling Expansion Program EIR Addendum #2 The change in environmental impacts due to the proposed Project modifications or changed conditions have been evaluated and measured against the standards set forth in paragraphs 1, 2, and 3 above to determine whether an Addendum is appropriate or a subsequent EIR is needed. The environmental analysis below provides the detailed examination of each of these issues. The conclusion is that none of the circumstances which might require a subsequent or supplemental EIR has occurred, and that an Addendum is, therefore, appropriate. This Addendum should be read together with the full text of the 2008 WREP EIR. Even though modifications to the adopted Project are minor, the modifications have been subjected to a detailed analytical process consistent with the methodology applied in the 2008 EIR. Section 15164 of the Guidelines implementing the California Environmental Quality Act ("CEQA") provides that an Addendum is the appropriate level of CEQA analysis when the circumstances defined in Section 15162 calling for preparation of a Subsequent EIR do not occur. None of the circumstances that require a Subsequent EIR, such as new significant impacts or significant impacts of a substantially more severe nature, is present. Thus, an Addendum is the appropriate level of CEQA analysis and the appropriate method of amending the 2008 EIR. Modifications to the Project and Changes in Circumstances Location of Project Modifications The Project modifications would add approximately 2,900 acres to the Recycled Water Service Area along the eastern edge of the current Recycled Water Service Area Boundary (see Figure 2-2, Revised Concept Plan). The City has been approached by several agricultural property owners located east of the City who are desirous of receiving recycled water for irrigation. Even though the properties are located outside of the existing Recycled Water Service Area, the addition of these properties would support the objectives of the WREP to reduce wastewater discharges and provide additional recycled water for agricultural irrigation. Therefore, the City proposes to amend the Recycled Water Service Area, as defined in Figure 2-2 (Concept Plan) of the WREP EIR and revised in the 2015 EIR Addendum, to extend it along Corona Road northeast to Adobe Road, and north along Manor Lane and Manor Lane West approximately one mile north of Adobe Road. The new properties that would be included within the expanded Service Area are similar to the rural agricultural properties currently within the Service Area. Proposed Modifications to the Project The proposed modifications would change only the Recycled Water Service Area, allowing recycled water irrigation to occur within a larger area than currently allowed. No other portions of the WREP would change. Activities that could occur within the revised Recycled Water Service Area would remain the same as described in Chapter 2 (Project Description) of the WREP EIR: use of recycled water, installation of pipelines and associated appurtenances, and construction staging areas. The volume of recycled water (1,070 million gallons per year) available for distribution would remain the same as analyzed in the WREP EIR. Expansion of the service area would not require additional length of pipeline beyond that identified and analyzed in the WREP EIR. The Project Description anticipated approximately 28 miles of pipeline would be installed with full implementation of the Program; this change to the Recycled Water Service Area is not anticipated to increase the overall length of pipe to be installed. Resolution No. 2018-084 N.C.S. Page 6 Petaluma Water Recycling Expansion Program EIR Addendum #2 Changed Circumstances No relevant changes in circumstances, such as new regulations or new reasonably foreseeable relevant cumulative projects, and no new information has been identified such that the evaluation of environmental impacts of the additional service area would be different than identified in the WREP EIR. New special - status species have been identified that may potentially occur within the existing and expanded Recycled Water Service Area; please refer to the Biological Resources analysis below for the change in the analysis relative to these species. Environmental Analysis This section consists of 12 environmental resource categories analyzed in the WREP EIR, each of which presents the analysis of the Project modifications within that environmental discipline. The analysis refers back to the original evaluation of impacts contained in the 2008 WREP EIR and identifies the change in impacts, if any, from the Project approved at that time. If there are no changes to the previous impact evaluation, an explanation for this conclusion is provided. Most of the information presented in the 2008 EIR has not changed and is not repeated here. Please refer to the 2008 WREP EIR for descriptions of setting, discussion of methodology, and the complete identification and discussion of impacts. The new properties that would be included within the revised Recycled Water Service Area Boundary are similar to those currently within the boundary in that geographic location; rural, with many actively involved in some type of farming activity. Vegetation, soil types, and slopes are also similar. Program activities that could occur within the revised Recycled Water Service Area Boundary would be the same as described and analyzed in the WREP EIR, including application of recycled water, installation of pipelines, and construction staging. In review of the new properties in the context of the 12 environmental resource categories, no new impacts were identified and all mitigation measures would still be applicable. The following is a summary of the key findings. 4.1 Land Use The proposed Project modifications do not require revisions to the evaluation of Land Use. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water are consistent with the land uses within the revised Recycled Water Service Area boundary. The additional properties within the revised boundary would not be located within areas classified as MRZ-2 for mineral resources (California Geological Survey 2013). Therefore, the analysis and impacts relative to mineral resources in the WREP EIR are adequate for the revised service area. Project Description (PD) Measure 1, Site and Design Facilities to Achieve Compatible Land Use, would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to land use. 4.2 Agriculture and Soil Quality The proposed Project modifications do not require revisions to the evaluation of Agriculture and Soil Quality. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would support agriculture in the expanded Recycled Water Service Area. PD -16, Implement BMPs for Runoff, Erosion, and Agricultural Chemical Use as modified by the 2015 Addendum to the WREP EIR, and Mitigation Measure AG -1, Purchase Locally Grown or Inspected Plants, Resolution No. 2018-084 N.C.S. Page 7 Petaluma Water Recycling Expansion Program EIR Addendum #2 would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to agriculture and soil quality. 4.3 Geology, Soils, and Seismicity The proposed Project modifications do not require revisions to the evaluation of Geology, Soils, and Seismicity. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not expose the persons residing in the area or properties to be added to the Service Area to additional geological hazards beyond those already existing. The soils and geology in the expanded Service Area are similar to those evaluated in the WREP EIR. PD - 3, PD -4, PD -5, PD -6, PD -7, and PD -8 would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to agriculture and soil quality. 4.4 Hydrology and Water Quality The proposed Project modifications do not require revisions to the evaluation of Hydrology and Water Quality. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would occur in a similar manner as that described for the agricultural properties within the existing Recycled Water Service Area. The risk of erosion, siltation, degradation of groundwater quality, etc. would be similar to that evaluated in the WREP EIR, because the expanded Service Area has similar types of topography, surface and groundwater resources, land uses, and flooding issues as the agricultural areas already evaluated in the WREP EIR. PD -2, PD -3, PD -14, PD - 16, and PD -17 would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to hydrology and water quality. 4.5 Air Quality The proposed Project modifications do not require revisions to the evaluation of Air Quality, including the evaluation of greenhouse gas emissions. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not expose the persons residing in the area to additional air pollutant levels beyond those previously identified. The pattern of rural residential uses in a predominantly agricultural area in the expanded Service Area is similar to those evaluated in the WREP EIR. PD -20, Air Quality Protection, and the Mitigation Measures assigned to Impact 3.10-6 in Petaluma's General Plan 2025 EIR would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to air quality and greenhouse gas emissions. 4.6 Noise The proposed Project modifications do not require revisions to the evaluation of Noise. Since certification of the WREP EIR, Sonoma County has adopted a new General Plan. However, the new Noise Element uses the same noise standards that were in the applicable Noise Element at the time the WREP EIR was prepared and certified. Therefore, the threshold of significance for County parcels remains the same as previously analyzed. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not expose the persons residing in the area to additional noise levels beyond those previously identified. The rural residential uses in the expanded Service Area are similar to those evaluated in the WREP EIR. PD -19, Construction Noise Control, would Resolution No. 2018-084 N.C.S. Page 8 Petaluma Water Recycling Expansion Program EIR Addendum #2 apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to noise. 4.7 Public Health and Safety The proposed Project modifications do not require revisions to the evaluation of Public Health and Safety. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not expose employees or persons residing in the area to additional public health or safety hazards beyond those previously identified. The pattern of rural residential uses in a predominantly agricultural area in the expanded Service Area is similar to those evaluated in the WREP EIR. PD -9, Construction Management Program, and PD -16, Implement BMPs for Runoff, Erosion, and Agricultural Chemical Use would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to public health or safety. 4.8 Biological Resources The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not impact biological resources such as wetlands, riparians areas, or trees differently than the impacts previously identified. The types of vegetation communities, surface waters, and wildlife habitats in the expanded Service Area are similar to those evaluated in the WREP EIR. PD -2, Revegetate Temporarily Disturbed Sites, and PD -21, Riparian and Sensitive Habitat Protection, as well as Mitigation Measures 13I0 -1a, 13I0-1 b, 13I0 -2a, BIO -3, 13I0 -4a, 13I0 -4b, and BIO -5 would apply to the Project modifications. However, the potential for additional special -status species has been identified within the existing and proposed addition to the Recycled Water Service Area. According to a new search of the California Department of Fish and Wildlife California Natural Diversity Database, potential habitat for two amphibians that were not identified in the WREP EIR, the California giant salamander (Dicamptodon ensatus) and red - bellied newt (Taricha rivularis), may occur. Impacts to these amphibian species or their habitat, for example, from pipeline construction, would be a significant impact. However, the WREP EIR identified a significant impact for special -status species under Impact 13I0-1 and included Mitigation Measure 13I0-1 a, Avoid the Loss of Candidate, Sensitive, or Special Status Species and their Habitat, which includes avoidance and compensatory measures for amphibians which would reduce potential impacts to California giant salamander and red -bellied newt to a less -than -significant level. Therefore, there would be no new significant impact and the implementation of the existing Mitigation Measure BIO -1a would result in a less - than -significant impact to these species, should they be found to be present. Similarly, the potential also exists for the following special -status plant species to occur in the existing and/or revised Recycled Water Service Area: Pitkin Marsh lily (Lilium pardalinum ssp. pitkinense), Sonoma zerene fritillary (Speyeria zerene ssp. Sonomensis), big -scale balsamroot (Balsamorhiza macrolepis), congested - headed hayfield tarplant (Hemizonia congesta ssp. Congesta), golden larkspur (Delphinium luteum), marsh microseris (Microseris paludosa), oval -leaved viburnum (Viburnum ellipticum), pappose tarplant (Centromadia parryi ssp. Parryi), and saline clover (Trifolium hydrophilum). Impacts to these special -status plant species or their habitat, for example, from pipeline construction, would be a significant impact. However, the WREP EIR identified a significant impact for special -status plant species under Impact 1310- 1 and included Mitigation Measure 13I0 -1a, Avoid the Loss of Candidate, Sensitive, or Special Status Species and their Habitat, which includes avoidance and compensatory measures which would reduce potential impacts to these additional plant species to a less -than -significant level. Therefore, there would Resolution No. 2018-084 N.C.S. Page 9 Petaluma Water Recycling Expansion Program EIR Addendum #2 be no new significant impact and the implementation of the existing Mitigation Measure BIO -1 a would result in a less -than -significant impact to these species, should they be found to be present. Therefore, the Project modifications would not result in new significant impacts or substantially more severe significant impacts relative to biological resources. 4.9 Transportation The proposed Project modifications do not require revisions to the evaluation of Transportation. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not cause impacts to congestion, traffic safety, or emergency access beyond those previously identified. The pattern of rural roadways in the expanded Service Area is similar to those evaluated in the WREP EIR. PD -11, Standard Traffic Control Procedures, would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to transportation. 4.10 Cultural Resources The proposed Project modifications do not require revisions to the evaluation of Cultural Resources. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not cause impacts to historic resources, agricultural resources, or paleontological resources beyond those previously identified. Unknown cultural resources could occur within the additional properties. However, the WREP's Mitigation Measure CR -1b, Identify and Avoid or Minimize Impacts to Cultural Resources, outlines a four -step process to identify and avoid or minimize impacts to cultural resources. Mitigation Measure CR -2, Evaluation and Treatment of Paleontological Resources, would also apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to cultural resources. Because the WREP EIR was completed in 2007, and these proposed modifications do not constitute a new project as defined by CEQA, notifications to local Native American Tribes under AB52 are not required. 4.11 Visual Resources The proposed Project modifications do not require revisions to the evaluation of Visual Resources. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not cause impacts to Community Separators, Urban Separators, Scenic Landscape Units, glare, or views from scenic roads, ridgelines, or neighborhoods beyond those previously identified. The pattern of rural residential uses in a predominantly agricultural area in the expanded Service Area is similar to those evaluated in the WREP EIR. PD -2, PD -13, and PD -15 would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to visual resources. 4.12 Public Services, Utilities, and Energy The proposed Project modifications do not require revisions to the evaluation of Public Services, Utilities, and Energy. The irrigation of additional agricultural parcels with recycled water and the construction and operation of pipelines to convey recycled water would not cause increased demand for services and energy and would not conflict with utilities more than previously identified. The increased Service Area would not increase the volume of recycled water (1,070 million gallons per year) for distribution that was analyzed in the WREP EIR. The increased Service Area simply allows flexibility in where the recycled water is distributed. Energy use would therefore be similar to that analyzed in the WREP EIR. Resolution No. 2018-084 N.C.S. Page 10 Petaluma Water Recycling Expansion Program EIR Addendum #2 PD -11, Standard Traffic Control Procedures, and PD -14, Adjust Facility Design to Avoid Wells and Septic Systems, would apply to the Project modifications. The modifications would not result in new significant impacts or substantially more severe significant impacts relative to public services, utilities, and energy. References California Geological Survey, Department of Conservation. 2013. Special Report 205. California Department of Fish and Wildlife. 2017. California Natural Diversity Database. October 25. Petaluma, City of. 2008. Water Recycling Expansion Program EIR. November 3. Sonoma County. 2012. Sonoma County General Plan 2020 Noise Element. Resolution No. 2018-084 N.C.S. Page 11 \\ghdnet\ghd\US\Santa Rosa\Projec-ts\02055 - City of P, Resolution N0. 2018-084 N.C.S. I -500 Recycled Water EIR\CAD\Revlsed ProjDescrlptlon EIR 022218,dwg Feb 22, 2018 - 4118pm rage 12