HomeMy WebLinkAboutRESOLUTION 2024-161 N.C.S. 12/16/2024 Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76
Resolution No. 2024-161 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT (FINAL EIR),ADOPTING FINDINGS OF FACT,A
STATEMENT OF OVERRIDING CONSIDERATIONS,AND A MITIGATION MONITORING
REPORTING PROGRAM (MMRP) FOR THE CREEKWOOD HOUSING DEVELOPMENT
LOCATED AT 270 AND 280 CASA GRANDE ROAD; APN(S) 017-040-051 AND 017-040-016
WHEREAS, on September 29, 2021, Falcon Point Associates, LLC (herein "applicant") submitted a
Preliminary Application under Senate Bill (SB) 330 (CA Government Code Sections 65589.5 and 65905.5) for
development of 59 dwelling units on an approximately 5.2-acre site located at 270 and 280 Casa Grande Road;
and
WHEREAS, on November 11, 2021, the City of Petaluma provided the applicant with advisory comments
to identify potential issues to be addressed in any subsequent application for this site; and
WHEREAS,on November 22, 2021,the applicant applied to the City of Petaluma Community Development
Department, Planning Division for Site Plan and Architectural Review (SPAR), for demolition of an existing
residence located at 280 Casa Grande Road, preservation of an existing residence located at 270 Casa Grande
Road, construction of 59 for-sale dwellings, construction of a multi-use pathway adjacent to Adobe Creek,
construction of a multi-use bridge over Adobe Creek, and installation of stormwater management, flood control,
emergency access, and transportation infrastructure, referred to as the Creekwood Housing Development(herein
"Project"); and
WHEREAS, per California Government Code Section 65943(a), the City had until December 22, 2021 (30
days after the application date of November 22), to provide a written response to the applicant and pursuant to
California Government Code Section 65943(d), the applicant and the City mutually agreed to an extension of the
time limit, and such an extension was agreed to as outlined in email correspondence on December 20, 2021,
extending the response time to January 7, 2022; and
WHEREAS, on January 7, 2022, the City issued a Notice of Incomplete application; and
WHEREAS, on August 1, 2022, the applicant submitted new application materials; and
WHEREAS, on August 31, 2022, the City deemed the application complete; and
WHEREAS, during initial review of the application materials, the City of Petaluma determined that the
development is defined as a "project" pursuant to Section 15378 of the California Environmental Quality Act
(CEQA) Guidelines; and
WHEREAS, the City of Petaluma obtained the services of Raney Planning & Management, Inc., at the
expense of the applicant, to prepare documentation of environmental impacts consistent with CEQA; and
WHEREAS, on October 21, 2022 a Notice of Preparation(NOP) of an Environmental Impact Report(EIR),
and an Initial Study (IS) was published with the State Clearinghouse, filed with the Sonoma County Clerk,
published on the City of Petaluma's website, circulated in the Argus Courier, and mailed to all owners and
occupants of properties within a 1,000 foot radius of the Project Site, commencing a 30-day public comment
period on the scope of the EIR, extending through November 21, 2022; and
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WHEREAS, on November 14, 2022, in compliance with local regulations and CEQA Guidelines Section
21083.9, the City of Petaluma held a duly noticed public scoping meeting on the NOP for preparation of an EIR
to assess the impacts of the Creekwood Housing Development Project; and
WHEREAS, commenters provided verbal comments at the November 14, 2022, scoping meeting and 10
written comments were received during the NOP comment period; and
WHEREAS, comments received in response to the NOP generally relate to: biological resources impacts,
including the potential for impacts to protected species and their habitat, the Adobe Creek riparian corridor, and
migratory birds; the potential for increased flooding and concerns about the floodplain; transportation-related
concerns including the potential for increased traffic and vehicle miles travelled(VMT),the potential for impacts
on emergency evacuation, and concerns related to the lack of pedestrian facilities, and transit access; and other
general concerns related to aesthetics, noise, cultural resources, and land use consistency; and
WHEREAS, on June 17, 2024, the applicant held a publicly noticed Neighborhood Meeting in compliance
with Section 24.100 of the Petaluma Implementing Zoning Ordinance (IZO); and
WHEREAS,approximately 40 members of the public attended the Neighborhood Meeting on June 17, 2024,
and were provided with information on the site history, proposed project, and were given an opportunity to ask
questions and express concerns; and
WHEREAS, on July 26, 2024 a Notice of Completion(NOC) and Notice of Availability(NOA) of the Draft
EIR (DEIR) was filed with the State Clearinghouse and the Sonoma County Clerk, published on the City's
website, circulated in the Argus Courier, mailed to interested persons, responsible, trustee and other public
agencies, and mailed to all owners and occupants of properties within a 1,000 foot radius of the Project Site,
commencing a 45-day public comment period on the scope of the EIR, extending through September 9, 2024;
and
WHEREAS, the City prepared and distributed copies of the DEIR in conformance with CEQA Guidelines
Section 15086, to those public agencies that have jurisdiction by law with respect to the project and to other
interested persons and agencies, and sought the comments of such persons and agencies; and
WHEREAS,the Planning Commission held a duly noticed public hearing on September 10,2024,to consider
the DEIR and to receive oral comments from the public about the adequacy of the DEIR; and
WHEREAS, 3 oral comments on the DEIR were provided at the Planning Commission hearing; and
WHEREAS, the Planning Commission considered the public comments received, independently considered
the DEIR, and adopted Resolution 2024-11, recommending that the City Council direct staff to prepare the Final
EIR, inclusive of responses to public comments; and
WHEREAS, the City Council held a duly noticed public hearing on September 16, 2024, to consider the
DEIR and to receive oral comments from the public about the adequacy and accuracy of the DEIR; and
WHEREAS, 11 oral comments on the DEIR were provided at the City Council hearing; and
WHEREAS,the City Council considered the public comments received,independently considered the DEIR,
considered the Planning Commission's recommendation, and adopted Resolution 2024-121, directing staff to
prepare the Final EIR, inclusive of responses to public comments; and
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WHEREAS, 33 written and 14 oral comments on the DEIR have been received and responses to those
comments have been prepared in the form of a Final EIR, which together with the DEIR constitutes the Project
EIR; and
WHEREAS, the Project EIR identified potentially significant impacts that will be reduced to a less than
significant level with specified mitigation measures; and
WHEREAS, in compliance with Public Resources Code Section 21081(a) and CEQA Guidelines Section
15091(a), the City of Petaluma makes one or more of the required findings for each identified significant impact,
supported by substantial evidence, as set forth in the Findings of Fact, attached hereto as Exhibit A and
incorporated herein by reference; and
WHEREAS,the Project EIR identified significant impacts related to greenhouse gas emissions (Impact 4.2-
1) and vehicle miles traveled (Impact 4.4-3) that cannot be reduced to a less than significant level by feasible
mitigation measures or be so reduced or avoided by a feasible alternative, as set forth in Exhibit A; and
WHEREAS, in compliance with Public Resources Code Section 21081(b), the City of Petaluma finds that
specific economic, legal, social, technological or other considerations outweigh any significant environmental
effects of the Project which cannot be mitigated to a less than significant level or avoided by an alternative as set
forth in the Statement of Overriding Considerations, attached hereto as Exhibit A and incorporated herein by
reference; and
WHEREAS,in compliance with CEQA Guidelines Section 15091(d),a Mitigation Monitoring and Reporting
Program has been prepared as set forth in Exhibit B, attached hereto and incorporated herein by reference, to
ensure that all feasible mitigation measures which serve to reduce environmental impacts of the Project as
recommended by the Project EIR are fully implemented; and
WHEREAS,the Mitigation Monitoring and Reporting Program,Exhibit B,attached hereto and incorporated
herein by reference, will be imposed as conditions of approval through the project's entitlement review process;
and
WHEREAS,with mitigation, acquisition and compliance with state regulatory agency approval and permits,
the Project does not have the potential to have a significant adverse impact on wildlife resources as defined in the
State Fish and Game Code, either individually or cumulatively, though it is not exempt from payment of the Fish
and Game filing fees; and
WHEREAS,the Project is not located on a site listed on any Hazardous Waste Site List compiled by the State
pursuant to Section 65962.5 of the California Government Code; and
WHEREAS, on December 6, 2024, a Notice of Availability, Notice of Intent to Certify, Notice of Public
Hearing, and the Final EIR was filed with the State Clearinghouse and the Sonoma County Clerk, published on
the City's website, circulated in the Argus Courier, mailed to interested persons, responsible, trustee and other
public agencies, and mailed to all owners and occupants of properties within a 1,000 foot radius of the Project
Site, commencing the required 10-day public review period beginning on December 6, 2024, and extending
through December 16, 2024; and
WHEREAS, in compliance with the CEQA Guidelines, the City of Petaluma provided a written response 10
days prior to certification of the Final EIR to public agencies that commented on the Draft EIR; and
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WHEREAS,on December 6,2024,pursuant to IZO Section 24.100(B),onsite signage was updated to provide
information regarding the availability of the Final EIR and notice of the December 16,2024,City Council hearing;
and
WHEREAS, on December 16, 2024, the Final EIR was presented to the Petaluma City Council and the City
Council reviewed and considered the information presented in the Final EIR and received public comment prior
to considering certification of the EIR and adoption of the Findings of Face, Statement of Overriding
Consideration, and MMRP; and
WHEREAS, on December 16, 2024, the City Council identified the No Bridge Alternative as the
environmentally preferred alternative and that the No Bridge Alternative was adequately analyzed in the EIR; and
WHEREAS, the Exhibit A hereto has been revised to include Findings regarding the feasibility of the No
Bridge Alternative as amended and all impacts are adequately addressed in the EIR; and
WHEREAS,the custodian of the documents and other materials that constitute the record of proceedings for
the Project is the City of Petaluma, Community Development Department,Petaluma City Hall, 11 English Street,
Petaluma, CA 94952.
NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma that the above recitals
are true and correct and incorporated by reference and the Petaluma City Council hereby:
1. Certifies that the Creekwood Housing Development Final EIR (SCH #2022100452), inclusive of the Draft
EIR, Final EIR, references, appendices, and all attachments thereto have been prepared and completed in
compliance with the requirements of CEQA Guidelines Section 15132.
2. Certifies that the Project EIR was presented to the City Council, which has reviewed and considered the
information contained in the Project EIR, and that the Project EIR reflects the City of Petaluma's independent
judgment and analysis regarding the Project.
3. Adopts, as required by CEQA and based on substantial evidence in the record, the Findings of Fact regarding
potentially significant effects of the Project, attached hereto as Exhibit A and incorporated herein by
reference.
4. Adopts, as required by CEQA and based on substantial evidence in the record, a Statement of Overriding
Considerations which balances specific economic, legal, social, technological, and other benefits of the
Project with its unavoidable environmental impacts related to greenhouse gases and vehicle miles traveled,
attached hereto as Exhibit A and incorporated herein by reference.
5. Adopts the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B and incorporated
herein by reference, to ensure that all mitigation measures relied on in the Findings are fully implemented.
Compliance with the MMRP set forth therein will be made a condition of any subsequent Project approval.
6. Finds that for each identified mitigation measure that requires the cooperation or action of another agency,
adoption, and implementation of each such mitigation measure is within the responsibility and jurisdiction of
the public agency identified,and the measures can and should be adopted and/or implemented by said agency.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: Approved as to
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I hereby certify the foregoing Resolution was introduced and adopted by the Docasigned byforrn:
Council of the City of Petaluma at a Regular meeting on the 16' day of December
2024,by the following vote:
City Attorney
AYES: McDonnell,Barnacle,Healy,Nau,Pocekay,Shribbs
NOES: Cader Thompson
ABSENT: None
ABSTAIN: None
DocuSigned by: Signed by-yy:
ATTEST:
City Clerk Mayor
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EXHIBIT A
CEQA FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION
MEASURES AND STATEMENT OF OVERRIDING CONSIDERATIONS
SECTION 1: INTRODUCTION
1.1 Statutory Requirements for Findings
Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City
Council hereby makes the following Findings with respect to the potential for significant
environmental impacts of the 270 & 280 Casa Grande Road Creekwood Housing Development
Project (SCH #2022100452) ("Project") and means for mitigating those impacts. For the purpose
of these Findings, the term Environmental Impact Report (EIR) means the Draft, and Final EIR
documents collectively, along with all attachments and references, unless otherwise specified.
These Findings do not attempt to describe the full analysis of each environment impact contained
in the EIR. Instead, the Findings provide a summary description of each impact, identify the
applicable mitigation measures set forth in the EIR and adopted by the City, and state Findings on
the significance of each impact after imposition of the adopted mitigation measures. A full
explanation of these environmental findings and conclusions is in the EIR, and these Findings
hereby incorporate by reference the discussion and analysis in those documents supporting the
EIR's determinations regarding mitigation measures and the Project's impacts and mitigation
measures designed to address those impacts. The facts supporting these Findings are found in the
record as a whole for the Project.
For those significant effects that cannot be mitigated to a less-than-significant level, the public
agency is required to find that specific overriding economic, legal, social, technological, or other
benefits of the project outweigh the significant effects on the environment. Section 15093 of the
CEQA Guidelines states that:
`If the specific economic, legal, social, technological, or other benefits, including region-
wide or statewide environmental benefits, of a proposed project outweigh the unavoidable
adverse environmental effects, the adverse environmental effects may be considered
`acceptable. "'
In making these Findings,the City ratifies,adopts and incorporates into these Findings the analysis
and explanation in the EIR, and ratifies, adopts and incorporates into these Findings the
determination and conclusions of the EIR relating to environmental impacts and mitigation
measures, except to the extent that any such determinations and conclusions are specifically and
expressly modified by these Findings. Many of the impacts and mitigation measures in the
following Findings are summarized rather than set forth in full. The text of the Draft and Final
EIRs should be consulted for a complete description of the impacts and mitigations.
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1.2 Organization/Format of Findings
Section 2 of these Findings contains a summary description of the Project, sets forth the objectives
of the Project and provides related background information. Section 3 identifies the Project's
potential environmental effects that were determined to have no impact or be less than significant,
and do not require mitigation. Section 4 identifies the potentially significant effects of the Project
that were determined to be mitigated to a less-than-significant level. All numbered references
identifying specific mitigation measures refer to numbered mitigation measures found in the Final
EIR. Section 5 identifies the significant impacts that cannot be mitigated to a less-than-significant
level even though all feasible mitigation measures have been identified and incorporated into the
Project. Section 6 discusses the feasibility of Project alternatives. Section 7 includes the City's
Statement of Overriding Considerations. Section 8 includes a list of General Findings made and
adopted by the City. These Findings summarize and incorporate by reference, the impacts and
mitigation measures from the Draft EIR, and the Responses to Comments. Full descriptions of
the impacts and analyses are contained in the EIR.
SECTION 2: 270 AND 280 CASA GRANDE ROAD CREEKWOOD HOUSING
DEVELOPMENT PROJECT DESCRIPTION
2.1 Project Location
The Project site consists of two parcels with addresses of 270 & 280 Casa Grande Road, totaling
an approximately 5.2 acres and located in the City of Petaluma (Assessor Parcel Number [APN]
017-410-042). The 280 Casa Grande parcel contains a single-family home, that is proposed to be
demolished along with undeveloped land covered in non-native grasses. The 270 Casa Grande
parcel also contains a single-family home, that would be retained with the proposed Project,
along with several associated accessory structures and a small orchard in the northeast corner of
the Project site located near Adobe Creek(Creek).
The Project site's northern boundary abuts the Casa Grande Senior Apartments. A single-family
residence located at 500 Casa Grande Road is located further to the north and abuts the Casa
Grande Senior Apartments' northern property line. The Project site is bound to the west by Casa
Grande Road and to the east by the Creek and its associated riparian corridor. Casa Grande High
School and Crinella Park are located to the west, across Casa Grande Road, from the Project site. A
single-family residential neighborhood is located to the east, across from the Creek, with access
from Spyglass Road. A walking path is located on the west side of Spyglass Road, allowing north-
south access along the Creek. Further east from the single-family residences is a multifamily
neighborhood, to which Lakeville Circle provides access. The Project site's southern boundary
abuts the Casa Grande Subdivision (now referred to as Makenna), which consists of 36 single-
family residential units. An existing single-family residential neighborhood is located further to the
south and abuts the southern property line of the Casa Grande Subdivision site
2.2 Project Objectives
The Applicant has developed the following primary objectives for the proposed Project to satisfy
CEQA Guidelines Section 15124(b).
The Project's objectives are to:
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• Promote and maximize new and diverse for-sale housing opportunities within the City
limits and urban growth boundary through using an existing residentially zoned property;
• Develop a high-quality residential project within the eastern City limits that is compatible
with existing residential subdivisions to the east and south of the Project site, Casa
Grande High School to the west of the site, and the Petaluma Ecumenical Properties
Senior Housing to the north of the site;
• Develop for-sale inclusionary housing that provides site location and model types in an
equitable manner;
• Construct a public multi-use pathway through the Project site and along the westerly side
of Adobe Creek that connects to the Casa Grande Subdivision public pathway to the
south and allows for future extension to the north of the site;
• Install a bridge connection over Adobe Creek that connects the proposed public multi-use
pathway with the residential neighborhoods to the east of the Project site, allowing for
pedestrian access from the easterly residential neighborhoods to Casa Grande High
School and the Casa Grande Road transit locations to the west of the Project site;
• Provide public access and maintenance access to a landlocked and isolated site; and
• Preserve Adobe Creek in its natural state.
2.3 Project Description
The proposed 270 and 280 Casa Grande Creekwood Housing Development Project consists of
the demolition of the on-site residence at 280 Casa Grande Road, retention of the existing
residence at 270 Casa Grande Road, development of 59 dwelling units, construction of various
on-site road and utility improvements, landscaping, and a new off-site public multi-use pathway,
with a bridge connection over the Creek. The Project would require City approval of a Vesting
Tentative Parcel Map, Site Plan and Architectural Review, and a Tree Removal Permit.
The Project would include a Vesting Tentative Parcel Map, in accordance with Petaluma
Municipal Code (PMC) Chapter 20.18, to establish a single-lot parcel (Parcel 1) to allow the sale
of the proposed dwelling units as condominiums and a 0.637-acre Remainder that would not be a
part of the proposed residential community. The purpose of the Remainder is to allow the
property owner of 270 Casa Grande Road to retain their residence and continue to live on the
property. Following the demolition of the 280 Casa Grande Road on-site residence in the site's
western portion, the proposed 59 dwelling units would be constructed across three blocks
(Blocks 1, 2, and 3). Block 1 units would be arranged in tri-plex configurations with three
stories and a building height of 33 feet and four inches and designed in accordance with two plan
types. Units within Blocks 2 and 3 would primarily be arranged in duet unit configurations with
two stories and building heights ranging from 23 feet and one inch to 26 feet and one inch and
designed in accordance with five plan types. All new dwellings would be located beyond the 50-
foot setback that applies to new development when adjacent to a creek.
The proposed Project would also include an off-site multi-use pathway and pedestrian bridge
connection over the Creek. The multi-use pathway would be 10 feet in width and installed along
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the Project site's eastern boundary, west of the Creek, with a connection east of the Creek
complying with the City's Bike and Pedestrian Master Plan. The pedestrian bridge would
connect the proposed multi-use pathway along the west side of the Creek to the existing/planned
path along Spyglass Road on the east side of the Creek. The bridge would be 90 feet in length
and eight feet in width. Safety rails standing a minimum of 4.5 feet in height would line each
side of the bridge.
2.4 Alternatives
Based on the Project objectives and anticipated environmental consequences, and pursuant to
Section 15126.6 of the CEQA Guidelines, the following Project alternatives were selected for
analysis in the most recent Draft EIR:
• The No Project (No Build) alternative assumes the continuation of existing conditions
within the Project site.
• The No Bridge alternative would include the development of 59 units, on- and off-site
roadway improvements, and an off-site public multi-use pathway. However, the bridge
connection over the creek for the public multi-use pathway would not be developed.
• The Affordable Housing alternative would have the 59 residential units proposed to be
developed on-site be offered as affordable housing. All other improvements proposed as
part of the Project would be developed.
A more detailed description of these alternatives, and required findings, are set forth in Section 6:
Findings Regarding Alternatives.
SECTION 3: EFFECTS DETERMINED TO HAVE NO IMPACT OR TO BE LESS THAN
SIGNIFICANT
The City finds that, based upon substantial evidence in the EIR and the record, as discussed
below, the following environmental factors associated with the Project would have No Impact or a
Less-Than-Significant Impact and no mitigation would be required.
3.1 Biological Resources
• The proposed Project would not interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with established native resident or
migratory wildlife corridors or impede the use of native wildlife nursery sites. (Impact
4.1-9)
• Implementation of the proposed Project would not result in cumulative loss of habitat for
special-status species. (Impact 4.1-11)
3.2 Hydrology and Water Quality
• The proposed Project would not substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a stream or river or through the
addition of impervious surfaces, in a manner which would: substantially increase the rate
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or amount of surface runoff in a manner which would result in substantial erosion or
siltation on- or off-site; substantially increase the rate or amount of surface runoff in a
manner which would result in flooding on- or off-site; create or contribute runoff water
which would exceed the capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runoff, or impede or redirect flood
flows. (Impact 4.3-3)
• The proposed Project would not result in flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation. (Impact 4.3-4)
• The proposed Project would not result in cumulative impacts related to the violation of
water quality standards or waste discharge requirements, and impacts resulting from the
alteration of existing drainage patterns. (Impact 4.3-5)
3.3 Transportation
• The proposed Project would not conflict with a program, plan, ordinance, or policy, except
LOS, addressing the circulation system, including transit, roadway bicycle, and pedestrian
facilities, during operations. (Impact 4.4-2)
• The proposed Project would not substantially increase hazards to vehicle safety due to a
geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment), or result in inadequate emergency access. (Impact 4.4-4)
3.4 Effects Evaluated within the Initial Study
• Have a substantial adverse effect on a scenic vista.
• Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a State scenic highway.
• In non-urbanized areas, substantially degrade the existing visual character of quality of
public views of site and its surroundings. (Public views are those that are experienced from
publicly accessible vantage point). If the project is in an urbanized area, would the project
conflict with applicable zoning and other regulations governing scenic quality.
• Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area.
• Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use.
• Conflict with existing zoning for agricultural use, or a Williamson Act contract.
• Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)), timberland (as defined by Public Resources Code
Section 4526), or timberland zoned Timberland Production (as defined by Government
Code Section 51104(g)).
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• Result in the loss of forest land or conversion of forest land to non-forest use.
• Involve other changes in the existing environment which, due to their location or nature,
could result in conversion of Farmland, to non-agricultural use or conversion of forest land
to non-forest use.
• Conflict with or obstruct implementation of the applicable air quality plan.
• Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is non-attainment under an applicable federal or state ambient air quality
standard.
• Expose sensitive receptors to substantial pollutant concentrations.
• Result in other emissions (such as those leading to odors) adversely affecting a substantial
number of people.
• Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Conservation
Community Plan, or other approved local, regional, or state habitat conservation plan.
• Cause a substantial adverse change in the significance of a historical resource pursuant to
Section 15064.5.
• Disturb any human remains, including those interred outside of dedicated cemeteries.
• Result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources, during project construction or operation.
• Conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
• Directly or indirectly cause potential substantial adverse effects, including the risk of loss,
injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most
recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the
area based on other substantial evidence of a known fault? Refer to Division of Mines and
Geology Special Publication 42; ii. Strong seismic ground shaking; iii. Seismic-related
ground failure, including liquefaction; and iv. Landslides.
• Result in substantial soil erosion or the loss of topsoil.
• Be located on a geologic unit or soil that is unstable, or that would become unstable as a
result of the project, and potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse.
• Have soils incapable of adequately supporting the use of septic tanks or alternative
wastewater disposal systems where sewers are not available for the disposal of wastewater.
• Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature.
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• Create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials.
• Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances,
or waste within one-quarter mile of an existing or proposed school.
• Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment.
• For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result
in a safety hazard or excessive noise for people residing or working in the project area.
• Impair implementation of or physically interfere with an adopted emergency response plan
or emergency evacuation plan.
• Expose people or structures, either directly or indirectly, to the risk of loss, injury or death
involving wildland fires.
• Substantially decrease groundwater supplies or interfere substantially with groundwater
recharge such that the project may impede sustainable groundwater management of the
basin.
• Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan.
• Physically divide an established community.
• Cause a significant environmental impact due to a conflict with any land use plan,policy, or
regulation adopted for the purpose of avoiding or mitigating an environmental effect.
• Result in the loss of availability of a known mineral resource that would be of value to the
region and the residents of the state.
• Result in the loss of availability of a locally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan.
• Generation of excessive groundborne vibration or groundborne noise levels.
• For a project located within the vicinity of a private airstrip or an airport land use plan or,
where such a plan has not been adopted, within two miles of a public airport or public use
airport, would the project expose people residing or working in the project area to excessive
noise levels.
• Induce substantial unplanned population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly (e.g., through projects in an
undeveloped area or extension of major infrastructure).
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• Displace substantial numbers of existing people or housing, necessitating the construction
of replacement housing elsewhere.
• Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public services: a. Fire protection; b. Police
protection; c. Schools; d. Parks; and e. Other Public Facilities.
• Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur
or be accelerated.
• Does the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment.
• Require or result in the relocation or construction of new or expanded water, wastewater
treatment, or storm water drainage, electric power, natural gas, or telecommunications
facilities, the construction or relocation of which could cause significant environmental
effects.
• Have sufficient water supplies available to serve the project and reasonably foreseeable
future development during normal, dry, and multiple dry years.
• Result in a determination by the wastewater treatment provider which serves or may serve
the project that it has adequate capacity to serve the project's projected demand in addition
to the provider's existing commitments.
• Generate solid waste in excess of State or local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the attainment of solid waste reduction goals.
• Comply with federal, state, and local management and reduction statutes and regulations
related to solid waste.
• Substantially impair an adopted emergency response plan or emergency evacuation plan.
• Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled
spread of a wildfire.
• Require the installation or maintenance of associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or other utilities) that may exacerbate fire
risk or that may result in temporary or ongoing impacts to the environment.
• Expose people or structures to significant risks, including downslope or downstream
flooding or landslides, as a result of runoff,post-fire slope instability, or drainage changes.
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SECTION 4: EFFECTS DETERMINED TO BE MITIGATED TO LESS-THAN-
SIGNIFICANT LEVELS
The Draft EIR identified certain potentially significant effects that could result from
implementation of the Project. However, based upon substantial evidence in the EIR and the
record the City finds that for each of the significant or potentially significant impacts identified in
this section, that mitigations have been required or incorporated into the Project which avoid or
substantially lessen the significant effects as identified in the Final EIR. Thus, adoption of these
mitigation measures set forth below will reduce these significant or potentially significant effects
to less-than- significant levels. Adoption of the recommended mitigation measures will
effectively make the mitigation measures part of the Project, as the recommended mitigation
measures will be enforced as conditions of approval. The following summarizes the rationale to
support these findings, as presented in detail, including the data and analysis, in the Final EIR:
4.1 Biological Resources
Impact 4.1-1: Have a substantial adverse effect, either directly or through habitat modifications,
on special-status plant species.
However, implementation of Mitigation Measure 4.1-1 would reduce proposed Project effects
on substantial adverse impacts to special-status plant species to less than significant
Mitigation Measure
4.1-1: Prior to initial ground-disturbing activities, special-status plant surveys shall be
conducted by a qualified biologist in areas proposed for disturbance in accordance
with the USFWS Guidelines for Conducting and Reporting Botanical Inventories for
Federally Listed, Proposed, and Candidate Plants, the CNPS Botanical Survey
Guidelines of the California Native Plant Society, and CDFW Protocols for Surveying
and Evaluating Impacts to Special Status Native Plant Populations and Natural
Communities. A report summarizing the results of the special-status plant surveys
shall be submitted for review and approval to the City of Petaluma Community
Development Department. If special-status plant species are not found, further
mitigation shall not be required.
If special-status perennial species are found within the proposed impact area, such as
Sanford's arrowhead, the plants shall be dug up and transplanted into a suitable
avoided area on-site (or elsewhere as appropriate to facilitate greatest success of
transplanting) prior to construction. If the plant found is an annual, such as Pacific
Grove clover, then mitigation shall consist of collecting seed-bearing soil and
spreading it into a suitable constructed wetland at a mitigation site. If special-status
plants would be impacted, as determined by a qualified biologist, a mitigation plan
shall be developed and submitted for review and approval to the City of Petaluma and
California Department of Fish and Wildlife (CDFW). Mitigation for the
transplantation and/or establishment of rare plants shall result in no net loss of
individual plants after a five-year monitoring period.
Finding for Impact 4.1-1: Mitigation Measures 4.1-1 would reduce proposed Project effects
on substantial adverse impacts to special-status plant species to less than significant. Pursuant to
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CEQA Guidelines, the City finds that Mitigation Measures 4.1-1 will be incorporated into the
Project via conditions of approval and will reduce Impact 4.1-1 to a less-than-significant level.
Rationale for Finding: Mitigation requires appropriately conducted preconstruction surveys by
a qualified biologist to identify special-status species. If special-status plants are found,
appropriate mitigations such as transplanting or redistributing selected species as required by the
CDFW would reduce the adverse effects on special-status plants. Therefore, after applying the
measure, the impact would be less than significant.
Impact 4.1-2: Have a substantial adverse effect, either directly or through habitat modifications,
on western bumble bee.
However, implementation of Mitigation Measures 4.1-2(a) and 4.1-2(b)would reduce proposed
Project effects on western bumble bees to less than significant.
Mitigation Measures
4.1-2(a): If feasible, initial ground-disturbing activities associated with the proposed project
(e.g., grading, vegetation removal, staging) shall take place between September 1
and March 31 (i.e., outside the colony active period) to avoid potential impacts on
western bumble bee. If completing all initial ground-disturbing activities between
September 1 and March 31 is not feasible, then at a maximum of 14 days prior to the
commencement of construction activities, a qualified biologist with 10 or more years
of experience conducting biological resource surveys within California shall conduct
a preconstruction survey for western bumble bees in the area(s)proposed for impact.
The survey shall occur during the period from one hour after sunrise to two hours
before sunset, with temperatures between 65 degrees Fahrenheit and 90 degrees
Fahrenheit, with low wind and zero rain. If the timing of the start of construction
makes the survey infeasible due to the temperature requirements, the surveying
biologist shall select the most appropriate days based on the National Weather
Service seven-day forecast and shall survey at a time of day that is closest to the
temperature range stated above. The survey duration shall be commensurate with the
extent of suitable floral resources (which represent foraging habitat) present within
the area proposed for impact, and the level of effort shall be based on the metric of a
minimum of one person-hour of searching per three acres of suitable floral
resources/foraging habitat. A meandering pedestrian survey shall be conducted
throughout the area proposed for impact in order to identify patches of suitable floral
resources. Suitable floral resources for western bumble bee include species in the
following families: Asteraceae, Fabaceae, Rhamnaceae, and Rosaceae, as well as
plants in the genera Eriogonum and Penstemon.
At a minimum,preconstruction survey methods shall include the following:
• Search areas with floral resources for foraging western bumble bees. Observed
foraging activity may indicate a nest is nearby, and therefore, the survey
duration shall be increased when foraging western bumble bees are present;
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• If western bumble bees are observed, watch any special-status western bumble
bees present and observe their flight patterns. Attempt to track their
movements between foraging areas and the nest;
• Visually look for nest entrances. Observe burrows, any other underground
cavities, logs, or other possible nesting habitat;
• If floral resources or other vegetation preclude observance of the nest, small
areas of vegetation may be removed via hand removal, line trimming, or
mowing to a height of a minimum of four inches to assist with locating the
nest;
• Look for concentrated western bumble bee activity;
• Listen for the humming of a nest colony; and
• If western bumble bees are observed, attempt to photograph the individual
and identify it to species.
The biologist conducting the survey shall record when the survey was conducted, a
general description of any suitable foraging habitat/floral resources present, a
description of observed western bumble bee activity, a description of any vegetation
removed to facilitate the survey, and their determination of if survey observations
suggest a western bumble bee nest(s) may be present or if construction activities
could result in take of western bumble bee. The report shall be submitted to the City
of Petaluma Community Development Department prior to the commencement of
construction activities.
If western bumble bees are not located during the preconstruction survey, then further
mitigation or coordination with the CDFW is not required.
If any sign(s) of a bumble bee nest is observed, and if the species present cannot be
established as a common bumble bee, then construction shall not commence until
either (1) the bumble bees present are positively identified as common (i.e., not a
western bumble bee), or (2) the completion of coordination with CDFW to identify
appropriate mitigation measures, which may include, but not be limited to, waiting
until the colony active season ends, establishment of nest buffers, or obtaining an
Incidental Take Permit(ITP) from CDFW.
If western bumble bees are located, and after coordination with CDFW take of
western bumble bees cannot be avoided, the project applicant shall obtain an ITP from
CDFW, and the applicant shall implement all conditions identified in the ITP.
Mitigation required by the ITP may include, but not be limited to, the project
applicant translocating nesting substrate in accordance with the latest scientific
research to another suitable location (i.e., a location that supports similar or better
floral resources as the impact area), enhancing floral resources on areas of the project
site that will remain appropriate habitat, worker awareness training, and/or other
measures specified by CDFW.
4.1-2(b): If western bumble bees are identified on-site by a qualified biologist, the following
provisions shall be implemented to offset the loss or disturbance of foraging habitat
(native forbs and shrubs): plant species that are known nectar sources of the western
bumble bee shall be replaced at a 2:1 ratio, or as otherwise recommended by a
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qualified biologist and CDFW, and shall be included in a revised landscaping plan.
The revised landscaping plan shall be submitted to the City of Petaluma Community
Development Department for review and approval prior to commencement of
construction activities. Plant species shall be sited in concentrated locations selected
in consultation with a qualified biologist and CDFW, as necessary, to ensure the
long-term survival of such plants and to limit disturbance throughout project
operation. Plant species known to benefit the western bumble bee include, but are
not limited to, Asteraceae, Fabaceae, Rhamnaceae, and Rosaceae, as well as plants in
the genera Eriogonum and Penstemon. If western bumble bee are not identified on-
site, the requirements of this measure shall be limited to the inclusion of native plant
species in the aforementioned taxonomic families within the project landscaping
plan, to the satisfaction of the City of Petaluma Community Development
Department.
Finding for Impact 4.1-2: Mitigation Measures 4.1-2(a) and 4.1-2(b) would reduce proposed
Project effects on western bumble bees to less than significant. Pursuant to CEQA Guidelines,
the City finds that Mitigation Measures 4.1-2(a) and 4.1-2(b) will be incorporated into the
Project via conditions of approval and will reduce Impact 4.1-2 to a less-than-significant level.
Rationale for Finding: Mitigation requires the completion of a preconstruction survey by a
qualified biologist to identify special-status species and additional protective measures if western
bumble bees are identified. Additionally, to address indirect impacts resulting from habitat
modification if western bumble bees are identified on-site, the Project shall replace known nectar
centers at a 2:1 ratio, as shown in a landscaping plan to be submitted to the City of Petaluma
Community and Development Department for approval. Therefore, after applying these
measures, the impact would be less than significant.
Impact 4.1-3: Have a substantial adverse effect, either directly or through habitat modifications,
on anadromous fish.
However, implementation of Mitigation Measures 4.1-3(a), (b), and (c) would reduce proposed
Project effects on substantial adverse impacts to anadromous fish to less than significant.
Mitigation Measures
4.1-3(a): Construction activities within 50 feet of Adobe Creek (Creek) shall be conducted
outside of the known salmonid winter and fall runs (known to occur from November
to April for the project region). Prior to issuance of grading permit, the foregoing
provision shall be noted on the final improvement plans, which shall be subject to
review and approval by the City of Petaluma Community Development Department.
The City shall also coordinate with the National Oceanic and Atmospheric
Administration (NOAA) Fisheries/West Coast Region to obtain its concurrence that
the language is acceptable, prior to approval of final improvement plans.
4.1-3(b): Prior to the commencement of construction, standard erosion-control best
management practices (BMPs) shall be implemented around the proposed
disturbance areas. A qualified biologist shall be present during installation of the
BMPs to ensure special-status wildlife species are not harmed during installation or
become entrapped within the disturbance area. The BMPs shall be included in the
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final improvement plans and subject to review and approval by the City of Petaluma
Community Development Department. The City shall also coordinate with the
NOAA Fisheries/West Coast Region to obtain its concurrence that the BMPs are
acceptable,prior to approval of final improvement plans.
4.1-3(c): Implement Mitigation Measures 4.1-7(a) and 4.1-7(b) and Mitigation Measures
4.1-8(a)through 4.1-8(c).
Finding for Impact 4.1-3: Mitigation Measures 4.1-3(a), (b), and (c) would reduce proposed
Project effects on substantial adverse impacts to anadromous fish to less than significant.
Pursuant to CEQA Guidelines, the City finds that Mitigation Measures 4.1-3(a), (b), and (c)
will be incorporated into the Project via conditions of approval and will reduce Impact 4.1-3 to a
less-than-significant level.
Rationale for Finding: The Creek provides a suitable habitat for many anadromous fish species,
with Steelhead having been documented in the CNDDB. The Project would include installation
of a span bridge that could result in discharges of erosion/sedimentation to Creek waters during
construction. If construction is done between November and April, there could be significant
adverse effects to the autumn and winter runs of local anadromous fish species. However, by
following Mitigation Measures 4.1-7 and 4.1-8, which includes completing a preconstruction
survey by a qualified biologist along with implementation of necessary protective measures by
way of temporary exclusion fencing, awareness training, and installation of project-specific
stormwater Best Management Practices (BMPs) around disturbance areas, the impact to
anadromous fish would be minimized. Therefore, after applying these measures, the impact
would be less than significant.
Impact 4.1-4: Have a substantial adverse effect, either directly or through habitat modifications,
on foothill yellow-legged frog, California red-legged frog, and northwestern pond turtle.
However, implementation of Mitigation Measures 4.14(a) through 4.1-4(g) would reduce
proposed Project effects on substantial adverse impacts to foothill yellow-legged frog (FYFL),
California red-legged frog (CRLF), and northwestern pond turtle to less than significant.
Mitigation Measures
4.1-4(a): Within 14 days prior to the commencement of construction (including tree trimming
and removal), a qualified biologist approved by the U.S. Fish and Wildlife Service
(USFWS) and/or CDFW shall conduct preconstruction surveys of all areas proposed
for ground disturbance within suitable habitats for special-status species, including
foothill yellow-legged frog (FYLF), California red-legged frog (CRLF), and
northwestern pond turtle. The preconstruction surveys shall occur in areas within and
adjacent to the project site to determine if the foregoing special-status species are
present and shall not be completed more than five days prior to the initiation of
grading activities in habitats where FYLF, CRLF, and northwestern pond turtle have
potential to occur. A report summarizing the results of the preconstruction surveys
shall be submitted for review and approval to the City of Petaluma Community
Development Department.
If any special-status species are found, the qualified biologist shall contact the
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CDFW (and USFWS) to determine whether relocation and/or additional exclusion
buffers are appropriate. If CDFW approves relocating the animal(s), the qualified
biologist shall be given sufficient time to move the animal(s) from the work site
before work construction activities begin.
Following construction activities, results from any sensitive species surveys shall be
documented in a memorandum and provided to the City of Petaluma Community
Development Department within 30 days following the end of construction
activities, or sooner, if requested by City staff.
4.1-4(b): If disturbance is to occur within the ordinary high-water mark (OHWM) of the
Creek, the project applicant shall complete Section 7 consultation with the USFWS
and the National Oceanic and Atmospheric Administration (NOAA)
Fisheries/National Marine Fisheries Service (NMFS) for potential impacts to
federally listed species, prior to the commencement of construction. Proof of
compliance with the foregoing provisions shall be documented and submitted for
review and approval to the City of Petaluma Community Development Department.
4.14(c): Within 14 days prior to the commencement of construction activities, exclusionary
fencing shall be installed along the work area boundary, as determined by a qualified
biologist. Exclusionary fencing shall act as a barrier to keep special-status species
from entering the work area. An Exclusionary Fence Plan shall be prepared by a
qualified biologist and subject to review and approval by USFWS/CDFW and the
City of Petaluma Community Development Department. The Exclusionary Fence
Plan shall include,but not necessarily be limited to, the following components:
a. Areas approved for grading and clearing shall be delineated with suitable
fencing materials and dimensions (such as temporary high-visibility
orange-colored fence or silt fence at least four feet in height, flagging, or
other barriers and buried to a depth of at least four inches) to act as a barrier
to keep special-status species from entering the project site. Signs shall be
posted that clearly state that construction personnel and equipment are
excluded from the marked area. The fencing shall be inspected and
approved by a qualified biologist and maintained daily until all construction
activities are complete. The fencing shall be removed only when all
construction equipment is not on-site any longer. Construction activities
shall not take place outside the delineated project site.
b. To avoid attracting predators, food-related trash shall be kept in closed
containers and removed daily from the exclusion zone.
C. At the end of each day, all construction-related holes or trenches deeper than
one foot shall be covered to prevent entrapment of special-status species.
d. Prior to the commencement of daily construction activities, all conduits and
pipes shall be inspected for the presence of animals. Removal of any animals
shall be done in consultation with the approved qualified biologist.
e. Prior to the commencement of construction, any vegetation removed prior to
the start of construction activities shall be placed away from sensitive
species exclusion areas so that cut vegetation does not remain once
exclusionary fencing is installed. All removed non-native, invasive
vegetation shall be discarded off-site and away from aquatic resources to
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prevent reseeding.
4.1-4(d): Within 14 days prior to the commencement of construction, a qualified biologist
shall conduct an Environmental Awareness Training session to familiarize all
construction personnel with identification of special-status species and associated
habitats, general provisions and protections afforded by the federal Endangered
Species Act (FESA) and California Endangered Species Act (CESA), measures
implemented to protect such species, actions to be taken if protected species are
observed on-site, and a review of project site boundaries and job site maintenance
protocols (i.e., worker-generated trash, worker vehicle and construction equipment
parking, and disposal of construction wastes). All personnel shall sign an affidavit
acknowledging participation in the training and understanding species legal status,
penalties for violations, and all protective measures. A wallet-sized card or fact sheet
handout shall be distributed to all crews on-site. Proof of completion of the training
for all on-site personnel shall be kept on-site and submitted for review and approval
to the City of Petaluma Community Development Department.
4.1-4(e): During project construction, grading activities shall cease a half-hour before sunset
and shall not commence prior to a half-hour before sunrise. Grading activities shall
be prohibited during rain events that meet the following conditions: within 24 hours
of events predicted to deliver more than 0.2-inch of rain and within 24 hours after
rain events exceeding 0.2-inch in measurable precipitation. Grading shall not occur
after 0.5-inch of rain has occurred after November 1 in the year construction grading
work is occurring unless a one-week extension based on fair weather is approved by
the City of Petaluma, CDFW, and the Regional Water Quality Control Board
(RWQCB). The foregoing provisions shall be noted on the final improvement plans,
which shall be verified by the City of Petaluma Community Development
Department.
4.1-4(f): Prior to the commencement of any effort to advertise or promote the sale of any of
the proposed dwelling units, all promotional materials, deeds/rental agreements, etc.,
shall include information that informs all tenants that dogs are to be leashed at all
times within development boundaries, including within 50 feet of the riparian habitat
within the study area, in order to ensure that sensitive resources and riparian habitat
are preserved. Proof of compliance with the foregoing provision shall be submitted
for review and approval to the City of Petaluma Community Development
Department.
4.1-4(g): Prior to the commencement of construction, the project applicant shall include a
design sheet of the proposed trash enclosure and receptacles as part of the
improvement plan submittal. The design sheet shall note that trash receptacles must
be secured within enclosures that exclude mesopredators (e.g., racoons and coyotes)
to avoid attracting and subsidizing such predators. On-site trash enclosures and
receptacles shall also be routinely maintained. Inclusion of the design sheet shall be
subject to review and approval by the City of Petaluma Community Development
Department.
Finding for Impact 4.1-4: Mitigation Measures 4.14(a) through 4.1-4(g) would reduce
proposed Project effects on substantial adverse impacts to foothill yellow-legged frog (FYFL),
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California red-legged frog (CRLF), and northwestern pond turtle to less than significant.
Pursuant to CEQA Guidelines, the City finds that Mitigation Measures 4.14(a) through 4.1-
4(g) will be incorporated into the Project via conditions of approval and will reduce Impact 4.1-
4 to a less-than-significant level.
Rationale for Finding: Implementation of Mitigation Measures 4.14(a) through 4.1-4(g)
would minimize impacts related to FLYF, CRLF, and northwestern pond turtles by following
procedures determined by the CDFW (and USFWS) to reduce impacts to the aforementioned
species, including a preconstruction survey, exclusionary fencing, awareness training by a
qualified biologist, and timing of construction activity. In addition, operational requirements,
such as information for residents to leash dogs and keep trash enclosures secured, would
minimize impacts during operation. Therefore, after applying these measures, the impact would
be less than significant.
Impact 4.1-5: Have a substantial adverse effect, either directly or through habitat modifications,
on Swainson's hawk and other nesting birds and raptors protected under the MBTA and CFGC.
However, implementation of Mitigation Measure 4.1-5 would reduce proposed Project effects
on substantial adverse impacts to Swainson's hawk to less than significant.
Mitigation Measures
4.1-5: During project construction, site preparation activities, including tree trimming and
removal, should occur between September 1 and January 31, outside of the bird
nesting season. If vegetation removal or construction begins between February 1 and
August 31, preconstruction nesting bird surveys shall be conducted by a qualified
biologist within seven days prior to vegetation removal or ground-disturbing
activities to determine the presence or absence and location of nesting bird species.
A report summarizing the results of the preconstruction nesting bird surveys shall be
submitted for review and approval to the City of Petaluma Community Development
Department. If a lapse in construction activity occurs for more than seven
consecutive days or if construction activity is phased at the work site,
preconstruction and nesting bird surveys shall be repeated.
If active nests are present within 500 feet of construction areas, temporary protective
construction exclusion zones shall be established by a qualified biologist in order to
avoid direct or indirect mortality or disruption of the birds, nests, or young. The
appropriate buffer distance shall be dependent on the species, surrounding
vegetation, and topography and shall be determined by a qualified biologist, but shall
be a minimum of 500 feet for raptors and 100 feet for songbirds. Exclusion zones
shall remain in place until all young have fledged or until the nest has been naturally
abandoned or predated. Work may proceed if active nests are not found during
surveys or once nests are determined by a qualified biologist to be inactive.
The non-disturbance buffers may be reduced if a smaller, sufficiently protective
buffer is approved by the City after taking into consideration the natural history of
the species of bird nesting, the proposed activity level adjacent to the nest, the nest
occupants' habituation to existing or ongoing activity, and nest concealment (i.e.,
whether visual or acoustic barriers occur between the proposed activity and the nest).
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A qualified biologist may visit the nest, as needed, to determine when the young
have fledged the nest and are independent of the site or the nest can be left
undisturbed until the end of the nesting season. If the nest buffer is reduced but
construction activities cause a nesting bird to vocalize, make defensive flights at
intruders, get up from a brooding position, or fly off the nest in a way that would be
considered a result of construction activities, then the exclusionary buffer shall be
increased such that activities are far enough from the nest to stop the agitated
behavior. The revised non-disturbance buffer shall remain in place until the chicks
have fledged or as otherwise determined by a qualified biologist in consultation with
the City.
Cleared vegetation during the nesting season shall be collected and transported off-
site during each week to prevent birds from nesting in vegetative debris.
Results from any survey for nesting birds shall be documented in a memorandum
and provided to the City of Petaluma Community Development Department within
30 days following the end of construction activities.
Finding for Impact 4.1-5: Mitigation Measure 4.1-5 would reduce proposed Project effects on
substantial adverse impacts to Swainson's hawk to less than significant. Pursuant to CEQA
Guidelines, the City finds that Mitigation Measure 4.1-5 will be incorporated into the Project
via conditions of approval and will reduce Impact 4.1-5 to a less-than-significant level.
Rationale for Finding: In order to address the potentially significant impact, Mitigation
Measure 4.1-5 shall be required, which recommends that site preparation activities take place
outside of the nesting season and necessitates preconstruction surveys within seven days of
construction activities and additional protective measures if such activities do occur within the
nesting season. Therefore, after applying these measures, the impact would be less than
significant.
Impact 4.1-6: Have a substantial adverse effect, either directly or through habitat modifications,
on pallid bat.
However, implementation of Mitigation Measure 4.1-6 would reduce proposed Project effects
on substantial adverse impacts to pallid bat to less than significant.
Mitigation Measures
4.1-6: Prior to the commencement of construction, a qualified biologist shall conduct a
preconstruction survey of suitable habitat for special-status bats, including existing
structures proposed for demolition or removal, that could support special-status bats,
at most, 14 days prior to initiation of ground disturbance, including tree trimming
and removal. A report summarizing the results of the preconstruction survey shall be
submitted for review and approval to the City of Petaluma Community Development
Department. If a lapse in construction activity occurs for more than seven
consecutive days or if construction activity is phased at the work site,
preconstruction bat surveys shall be repeated.
If special-status bat roosts are observed, ground disturbance within 50 feet of roosts
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shall be restricted to between August 31 and October 15 and between March 1 and
April 15 to avoid hibernation and rearing periods. Removal of potential suitable bat
roost trees shall occur over a two-day phased process with a qualified biologist
present.
In addition, if bats or evidence of bat roosting are observed, exclusionary fencing
and/or construction activity avoidance limits shall be put in place. Exclusion devices
may include features such as one-way exits from roost habitat and shall be installed
by a qualified biologist, in consultation with CDFW, and shall not occur outside of
the date ranges listed above to avoid hibernation or rearing periods.
Following construction activities, results from any sensitive bat species survey shall
be documented in a memorandum, written by the qualified biologist, and provided to
the City of Petaluma Community Development Department within 30 days following
the end of construction activities.
Finding for Impact 4.1-6: Mitigation Measure 4.1-6 would reduce proposed Project effects on
substantial adverse impacts to pallid bat to less than significant. Pursuant to CEQA Guidelines,
the City finds that Mitigation Measure 4.1-6 will be incorporated into the Project via conditions
of approval and will reduce Impact 4.1-6 to a less-than-significant level.
Rationale for Finding: On-site and off-site trees offer potential roosting habitats that, if present
and removed during Project construction, could have adverse effects on pallid bats. However, by
completing a preconstruction survey conducted by a qualified biologist along with
implementation of necessary protective measures by way of fencing and/or construction activity
avoidance through exclusion devices, the impact on special-status bats would be minimized.
Therefore, after applying these measures, the impact would be less than significant.
Impact 4.1-7: Have a substantial adverse effect on any riparian habitat or other Sensitive Natural
Community identified in local or regional plans, policies, regulations or by the CDFW or
USFWS.
However, implementation of Mitigation Measures 4.1-7(a), (b), and (c) would reduce proposed
Project effects on substantial adverse impacts to any riparian habitat or other Sensitive Natural
Community to less than significant.
Mitigation Measures
4.1-7(a): Prior to the commencement of construction, the project applicant shall implement
minimization and avoidance measures that may include, but not necessarily be
limited to, preconstruction species surveys and reporting, protective fencing around
avoided biological resources, worker environmental awareness training, seeding
disturbed areas adjacent to open space areas with native seed, and installation of
project-specific stormwater BMPs. Mitigation for impacts to riparian habitat may
include, but not be limited to, restoration or enhancement of resources on- or off-site,
purchase of habitat credits from an agency-approved mitigation/conservation bank,
working with a local land trust to preserve land, or any other method acceptable to
CDFW. Mitigation shall result in no net loss of riparian habitat. Prior to the
commencement of construction, the project applicant shall apply for a Section 1600
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Lake or Streambed Alteration Agreement (LSAA) from CDFW. The project
applicant shall comply with any terms and conditions contained within the final
LSAA for the proposed project, which may differ from the above. Written
verification of the Section 1600 LSAA shall be submitted to the City of Petaluma
Community Development Department.
4.1-7(b): A 50-foot setback from riparian vegetation shall be established prior to the
commencement of grading activities, except for construction of the stormwater
outfall facilities, pedestrian bridge connection, and the off-site public multi-use
pathway, where a lesser setback shall be established in consultation with a qualified
biologist. Construction and staging of vehicles and equipment shall not occur within
50 feet of riparian vegetation and shall be parked only in designated staging areas.
Silt fencing shall be installed along the outer edge of the project's disturbance
footprint and shall remain during grading activities associated with the proposed
project. The foregoing provisions shall be based on recommendations by a qualified
biologist, comply with agency approval, and noted on the final improvement plans,
which shall be subject to review and approval by the City of Petaluma Community
Development Department.
4.1-7(c): Implement Mitigation Measures 4.1-8(b) and 4.1-10.
Finding for Impact 4.1-7: Mitigation Measures 4.1-7(a), (b), and (c) would reduce proposed
Project effects on substantial adverse impacts to any riparian habitat or other Sensitive Natural
Community to less than significant. Pursuant to CEQA Guidelines, the City finds that Mitigation
Measures 4.1-7(a), (b), (c) will be incorporated into the Project via conditions of approval and
will reduce Impact 4.1-7 to a less-than-significant level.
Rationale for Finding: The Project site contains 1.22 acres of riparian habitat and 0.22-acre of
riverine habitat, associated with the Creek, both of which are designated as Sensitive Natural
Communities. However, Mitigation Measures 4.1-7(a) through (c) require preconstruction
surveys and reporting, protective fencing to avoid biological resources, worker environmental
awareness training, seeding disturbed areas with native seed, and installation of stormwater
BMPs. Mitigation for impacts to riparian habitat may include, but not be limited to, restoration or
enhancement of resources on- or off-site, purchase of habitat credits from an agency-approved
mitigation/conservation bank, working with a local land trust to preserve land, or any other
method acceptable to CDFW that results in no net loss of riparian habitat. Furthermore,
Mitigation Measures 4.1-7(a) through (c) require compliance with CFGC Section 1600,
establishment of a 50-foot setback, and compliance with the Clean Water Act (CWA) which
would minimize the impacts and be imposed as a project condition of approval. Therefore, after
applying these measures, the impact would be less than significant.
Impact 4.1-8: Have a substantial adverse effect on State or federally protected wetlands
(including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means.
However, implementation of Mitigation Measures 4.1-8(a) and 4.1-8(b) would reduce proposed
Project effects on substantial adverse impacts to federally protected wetlands through direct
removal, filling, hydrological interruption, or other means to less than significant.
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Mitigation Measures
4.1-8(a): Prior to the commencement of grading activities, a 50-foot setback from the OHWM
of the Creek shall be established and noted on the improvement plans, except for
construction of the stormwater outfall facilities and the off-site public multi-use
pathway and bridge, where a lesser setback shall be established in consultation with
a qualified biologist. Construction and staging of vehicles and equipment shall not
occur within the Creek channel. Silt fencing shall be installed along the outer edge of
the project's disturbance footprint and shall remain during grading activities.
Inclusion of the 50-foot setback from the OHWM of the Creek on the improvement
plans shall be subject to review and approval by the City of Petaluma Community
Development Department.
4.1-8(b): Prior to initiation of any ground-disturbing activities, the project proponent shall
submit a formal Aquatic Resources Delineation to the USACE for verification
purposes and determination as to whether the project activities will require a Clean
Water Act (CWA) Section 404 permit. A copy of the USACE's determination shall
be submitted to the City of Petaluma Community Development Department. If a
Section 404 permit is not required, further mitigation shall not be required. If a
Section 404 permit is required, the project proponent shall apply for a Clean Water
Act (CWA) Section 404 permit from the USACE. Waters that would be lost or
disturbed shall be restored, replaced, or rehabilitated on a "no-net-loss" basis.
Habitat restoration, rehabilitation, and/or replacement shall be at a location and by
methods acceptable to the USACE. If a Section 404 permit is required, the project
applicant shall also apply for a Section 401 water quality certification from the
RWQCB prior to the issuance of grading permits and adhere to the certification
conditions. A copy of the Section 404 and 401 permits detailing the provisions with
which the proposed project must comply shall be submitted to the City of Petaluma
Community Development Department.
Finding for Impact 4.1-8: Mitigation Measures 4.1-8(a) and 4.1-8(b) would reduce proposed
Project effects on substantial adverse impacts to federally protected wetlands through direct
removal, filling, hydrological interruption, or other means to less than significant. Pursuant to
CEQA Guidelines, the City finds that Mitigation Measures 4.1-7(a) and 4.1-8(b) will be
incorporated into the Project via conditions of approval and will reduce Impact 4.1-8 to a less-
than-significant level.
Rationale for Finding: The Project site contains three seasonal wetlands totaling approximately
0.09-acre occur in the annual grassland in the southern portion, and as such, all of the foregoing
wetlands would be impacted in their entirety through development of the proposed residences
and Basin Retention Area 5. In addition, the Creek is adjacent to the Project site. However,
Mitigation Measures 4.1-8(a) and 4.1-8(b) require setbacks from the Creek in conjunction with
silt fencing during construction. Additionally, a formal Aquatic Resources Delineation must be
submitted to USACE and compliant with USACE and RWQCB requirements are mandated.
Therefore, after applying these measures to avoid the impacts, the impact would be less than
significant.
Impact 4.1-10: Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance, or have a substantial adverse effect on the
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environment by converting oak woodlands.
However, implementation of Mitigation Measure 4.1-10 would reduce proposed Project effects
on substantial adverse impacts to oak woodlands to less than significant.
Mitigation Measures
4.1-10: Prior to approval of the final improvement plans, the project applicant shall obtain a
Tree Removal Permit from the City of Petaluma Community Development
Department. In addition, all protected trees to be removed, as identified in the Tree
Protection and Removal Plan prepared by Urban Forestry Associates, Inc. for the
proposed project, shall be replaced in accordance with the ratios established in the
Tree Replacement Calculations table in the Tree Protection and Removal Plan. All
trees to be preserved and protected, as detailed in Table 2 of the Tree Protection and
Removal Plan shall be preserved in accordance with the recommendations
established therein. Proof of compliance with the foregoing provisions shall be
submitted for review and approval to the City of Petaluma Community Development
Department.
Finding for Impact 4.1-10: Mitigation Measure 4.1-10 would reduce proposed Project effects
on substantial adverse impacts to oak woodlands to less than significant. Pursuant to CEQA
Guidelines, the City finds that Mitigation Measure 4.1-10 will be incorporated into the Project
via conditions of approval and will reduce Impact 4.1-10 to a less-than-significant level.
Rationale for Finding: 72 trees are located within the proposed development area, with 41 trees
proposed to be retained, and 31 trees requiring tree removal permits, including seven trees
outside the riparian dripline and 24 trees within the riparian dripline that are designated as
protected by Petaluma Implementing Zoning Ordinance (IZO) Section 17.040. The proposed
Project would plant 73 new trees for purposes of mitigating impacts, as well as compliance with
requirements set forth by Petaluma IZO Section 17.060 to address tree impacts. The Tree
Protection and Removal Plan required in Mitigation Measure 4.1-10 would ensure compliance.
Therefore, after applying these measures as Project conditions of approval, the impact would be
less than significant.
4.2 Hydrology and Water Quality
Impact 4.3-1: Violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or ground water quality during construction.
However, implementation of Mitigation Measures 4.3-1(a) and 4.3-1(b) would reduce proposed
Project effects on substantial adverse impacts surface or ground water quality during
construction to less than significant.
Mitigation Measures
4.3-1(a): Prior to issuance of grading permits, the applicant shall prepare a Storm Water
Pollution Prevention Plan (SWPPP). The developer shall file the Notice of Intent
(NOI) and associated fee to the State Water Resources Control Board (SWRCB).
The SWPPP shall serve as the framework for identification, assignment, and
iml3lementatinn of Rest Management Practice-,(RMPS) The SWPPP -,hall be
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submitted to the Director of Public Works and Utilities/City Engineer for review and
approval and shall remain on the project site during all phases of construction.
Following implementation of the SWPPP, the contractor shall subsequently
demonstrate the SWPPP's effectiveness and provide for necessary and appropriate
revisions, modifications, and improvements to reduce pollutants in stormwater
discharges to the maximum extent practicable. The contractor shall implement BMPs
to reduce pollutants in stormwater discharges to the maximum extent practicable.
4.3-1(b): Prior to issuance of grading permits, the project applicant shall ensure that a final
grading plan is prepared by a State-registered civil engineer in accordance with
Petaluma Municipal Code (PMC) Chapter 17.31. The final grading plan shall
include, but not be limited to, the following:
• A project vicinity map that shows the location of the proposed grading
activities within the project site and off-site areas associated with Adobe Creek
(Creek);
• The property line boundaries of the project site and off-site areas of
disturbance associated with the Creek;
• All existing improvements on and adjacent to the project site;
• The existing and proposed contours of the project site and off-site areas
proposed for disturbance;
• The existing and proposed drainage of the project site and off-site areas;
• The extent and manner of tree cutting and vegetation clearing, the disposal of
vegetation, and the measures to be taken for the protection of undisturbed trees
and vegetation in on-site and off-site areas proposed for disturbance, unless the
foregoing information is provided on the final erosion and sediment control
plan;
• Specifications of the proposed construction methods and materials to be used
in on-site and off-site areas; and
• Any other information required by the Director of Public Works and Utilities.
The final grading plan shall be submitted for review and approval to the City of
Petaluma Public Works and Utilities Department.
Finding for Impact 4.3-1: Mitigation Measures 4.3-1(a) and 4.3-1(b) would reduce proposed
Project effects on substantial adverse impacts surface or ground water quality during
construction to less than significant. Pursuant to CEQA Guidelines, the City finds that
Mitigation Measures 4.3-1(a) and 4.3-1(b) will be incorporated into the Project via conditions
of approval and will reduce Impact 4.3-1 to a less-than-significant level.
Rationale for Finding: The proposed Project would result in construction activities such as
grading, excavation, and trenching for site improvements that could result in discharge sediment
and/or urban pollutants into stormwater runoff, which could adversely affect water quality
downstream. However, the mitigation requires preparation of a SWPPP and implementation of
BMP, as well as compliance with Petaluma Municipal Code related to grading permits to ensure
water quality impacts would not occur during construction. Therefore, after applying these
measures via conditions of approval on the proposed Project, the impact would be less than
significant.
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Impact 4.3-2: Violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or ground water quality during operation.
However, implementation of Mitigation Measure 4.3.2 would reduce proposed Project effects
on substantial adverse impacts to surface or ground water quality during operation to less than
significant.
Mitigation Measures
4.3-2: Prior to approval of final project improvement plans, a final Stormwater Control
Plan shall be submitted to the Director of Public Works and Utilities/City Engineer
for review and approval. The final Stormwater Control Plan shall be in compliance
with all applicable provisions of the National Pollutant Discharge Elimination
System (NPDES) Phase II MS4 General Permit (NPDES General Permit No.
CAS612008, Order No. R2-2022-0018) and shall meet the standards of the
California Stormwater Quality Association (CASQA) Stormwater BMP Handbook
for New Development and Redevelopment. Site design measures, source-control
measures, hydromodification management, and Low Impact Development (LID)
standards, as necessary, shall be incorporated into the design and shown on the
improvement plans. The final plans shall include calculations demonstrating that the
water quality BMPs are appropriately sized, using methodology in the CASQA
Stormwater BMP Handbook for New Development and Redevelopment. The final
plans shall also incorporate the proposed components for maintaining the
stormwater-treatment facilities. The final plans shall be submitted to the City of
Petaluma Public Works and Utilities Department for review and approval.
Finding for Impact 4.3-2: Mitigation Measure 4.3.2 would reduce proposed Project effects on
substantial adverse impacts to surface or ground water quality during operation to less than
significant. Pursuant to CEQA Guidelines, the City finds that Mitigation Measure 4.3-2 will be
incorporated into the Project via conditions of approval and will reduce Impact 4.3-2 to a less-
than-significant level.
Rationale for Finding: Post-construction, there would be operational pollutants such as
nutrients, oil and grease, metals, organics, pesticides, bacteria, sediment, trash, and other debris
that could enter stormwater runoff, which could adversely affect water quality downstream.
However, Mitigation Measure 4.3-2 requires a Final Stormwater Control Plan in compliance
with NPDES provisions and CASQA standards to minimize water quality impacts. In addition, a
maintenance plan must also be submitted. Therefore, after applying these measures which would
reduce the post-construction operational pollutants, the impact would be less than significant.
4.3 Transportation
Impact 4.4-1: Conflict with a program, plan, ordinance, or policy, except LOS, addressing the
circulation system during construction activities.
However, implementation of Mitigation Measure 4.4-1 would reduce proposed Project effects
on conflicting with applicable program, policy, plan, or ordinance addressing the circulation
system during construction to less than significant.
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Mitigation Measures
4.4-1: Prior to issuance of grading and building permits, a construction management plan
shall be prepared by the applicant for review and approval by the City of Petaluma
Public Works and Utilities Department. The plan shall include,but not necessarily be
limited to, the following items:
a. Comprehensive traffic control measures, including scheduling of major
truck trips and deliveries to avoid peak traffic hours, including school peak
times, detour signs if required, lane closure procedures if required, sidewalk
closure procedures if required, cones for drivers, and designated
construction access routes.
b. Evaluation of the need to provide flaggers or temporary traffic control at key
intersections along the truck route(s).
C. Notification procedures for adjacent property owners, Casa Grande High
School, and public safety personnel regarding schedules when major
deliveries, detours, and lane closures would occur.
d. Location of construction staging areas for materials, equipment, and vehicles
if there is insufficient staging area within the work zone of the proposed
project.
e. Identification of truck routes for movement of construction vehicles that
would minimize impacts on vehicular and pedestrian traffic, circulation and
safety; provision for monitoring surface streets used for truck movement so
that any damage and debris attributable to the proposed project's
construction trucks can be identified and corrected by the proposed project
applicant.
f. A process for responding to and tracking complaints pertaining to
construction activity, including identification of an on-site complaint
manager.
g. Documentation of road pavement conditions for all routes that would be
used by construction vehicles both before and after proposed project
construction. Roads found to have been damaged by construction vehicles
shall be repaired to the level at which they existed prior to construction of
the proposed project.
Finding for Impact 4.4-1: Mitigation Measure 4.4-1 would reduce proposed Project effects on
conflicting with applicable program, policy, plan, or ordinance addressing the circulation system
during construction to less than significant. Pursuant to CEQA Guidelines, the City finds that
Mitigation Measure 4.4-1 will be incorporated into the Project via conditions of approval and
will reduce Impact 4.4-1 to a less-than-significant level.
Rationale for Finding: During construction there would be increased traffic from construction
equipment, materials delivery, and construction workers' commutes. In addition, Casa Grande
High School is located adjacent to the Project site. The presence of substantial motor vehicle,
pedestrian, bicycle, and school bus traffic is expected in the Project vicinity during school start
and end times and could result in safety concerns. However, compliance with Mitigation
Measure 4.4-1, which requires an approved construction management plan, would ensure that
circulation impacts would be minimized. Therefore, after applying these measures, the impact
would be less than significant.
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4.4 Initial Study Impacts Requiring Mitigation
Impact V-b: Cause a substantial adverse change in the significance of a unique archaeological
resource pursuant to Section 15064.5?
However, implementation of Mitigation Measure V-1 would reduce proposed Project effects on
substantial adverse impacts to unique archaeological resources to less than significant.
Mitigation Measures
V-1: If during the course of ground-disturbing activities, including, but not limited to,
excavation, grading, and construction, a potentially significant prehistoric or historic
resource is encountered, all work within a 100-foot radius of the find shall be
suspended for a time deemed sufficient for a qualified and City-approved
archaeologist to adequately evaluate and determine significance of the discovered
resource and provide treatment recommendations.
Should a significant archeological resource be identified, a qualified archaeologist
shall prepare a resource mitigation plan and monitoring program to be carried out
during all construction activities. Prehistoric archaeological site indicators include:
obsidian and chert flakes and chipped stone tools; grinding and mashing implements
(e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders
with mortar cups; and locally darkened midden soils. Midden soils may contain a
combination of any of the previously listed items with the possible addition of bone
and shell remains, and fire-affected stones. Historic period site indicators generally
include: fragments of glass, ceramic, and metal objects; milled and split lumber; and
structure and feature remains such as building foundations and discrete trash deposits
(e.g., wells, privy pits, dumps).
Finding for Impact V-b: Mitigation Measure V-1 would reduce proposed Project effects on
substantial adverse impacts to unique archaeological resources to less than significant. Pursuant
to CEQA Guidelines, the City finds that Mitigation Measure V-1 will be incorporated into the
Project via conditions of approval and will reduce Impact V-b to a less-than-significant level.
Rationale for Finding: Although the Cultural Resources Study (CRS) did not yield any
evidence indicating the presence of archaeological resources, the CRS noted that the Project site
is within the Coastal Miwok ethnographic territory. As such, the Project vicinity potentially
contains unknown Native American resources associated with the Coastal Miwok, including
human remains, particularly in areas adjacent to historic waterways, and could pose a significant
impact on archaeological resources. Mitigation Measure V-1 requires that, if historic resources
are encountered, work must stop and a City-approved archaeologist would prepare a resource
mitigation plan to minimize the impacts. Therefore, after applying these measures, the impact
would be less than significant.
Impact VII-d: Be located on expansive soil, as defined in Table 18-1B of the Uniform Building
Code (1994), creating substantial direct or indirect risks to life or property.
However, implementation of Mitigation Measure VII-1 would reduce proposed Project effects
on expansive soils creating substantial direct or indirect risks to life or property to less than
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significant.
Mitigation Measures
VII-1: Prior to the issuance of grading permits, the project civil engineer shall show on the
final improvement plans that the project design adheres to all engineering
recommendations provided in the site-specific Geotechnical Investigation prepared
for the project by PJC &Associates, Inc. The recommendations incorporated into the
final improvement plans shall include, but not be limited to, those pertaining to the
top 18 inches of soil beneath exterior flatwork consisting of imported engineered fill;
demolition and stripping; excavation and compaction; temporary slopes; and vertical
loads and lateral loads of post-tension slab-on-grade foundations. Proof of
compliance with all recommendations set forth in the Geotechnical Investigation
shall be subject to review and approval by the City Engineer.
Finding for Impact VII-d: Mitigation Measure VII-1 would reduce proposed Project effects
on expansive soils creating substantial direct or indirect risks to life or property to less than
significant. Pursuant to CEQA Guidelines, the City finds that Mitigation Measure VII-1 will be
incorporated into the Project via conditions of approval and will reduce Impact VII-d to a less-
than-significant level.
Rationale for Findini: The Geotechnical Investigation found that the top two to three feet of
surface soils are weak and compressible and determined that the on-site soils exhibit high
plasticity characteristics and, therefore, have very high potential for expansion which could result
in a potentially significant impact on life or property. However, compliance with California
Building Standards and Code (CBSC) and the Geotechnical Investigation recommendations as
outlined in Mitigation Measure VII-1 would ensure the structural integrity of the proposed
structures and the impacts would be minimized. Therefore, after applying these measures, the
impact would be less than significant.
Impact IX-b: Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the likely release of hazardous materials into
the environment?
However, implementation of Mitigation Measure VII-1 would reduce proposed Project effects
of creating a hazard to the public or environment through the release of hazardous materials into
the environment to less than significant
Mitigation Measures
IX-1 Prior to issuance of a demolition permit by the City for the on-site structure at 280
Casa Grande Road, the project applicant shall provide a site assessment that
determines whether the structure to be demolished contains lead-based paint (LBP)
or asbestos. If the structure does not contain LBP or asbestos, further mitigation shall
not be required; however, if LBP is found, all loose and peeling paint shall be
removed and disposed of by a licensed and certified lead paint removal contractor, in
accordance with California Air Resources Board recommendations and Occupational
Safety and Health Administration (OSHA) requirements. If asbestos is found, all
construction activities shall comply with all requirements and regulations
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promulgated through the Bay Area Air Quality Management District (BAAQMD)
Asbestos Demolition and Renovation Program. The demolition contractor shall be
informed that all paint on the building shall be considered as containing lead and/or
asbestos. The contractor shall follow all work practice standards set forth in the
Asbestos National Emission Standards for Hazardous Air Pollutants (Asbestos
NESHAP, 40 CFR, Part 61, Subpart M) regulations, as well as Section V, Chapter 3
of the OSHA Technical Manual. Work practice standards generally include
appropriate precautions to protect construction workers and the surrounding
community, and appropriate disposal methods for construction waste containing lead
paint or asbestos in accordance with federal, State, and local regulations subject to
approval by the City Engineer.
IX-2 Prior to issuance of a demolition permit by the City for the on-site structure at 280
Casa Grande Road, the project applicant shall prepare an Off-Hauling and Disposal
Plan that incorporates industry standard BMPs during proposed off-hauling activities
associated with waste from on-site demolition activities. The following Best
Management Practices (BMPs) shall be incorporated:
• During loading activities the project contractor shall place two layers of heavy
plastic sheeting (minimum thickness of six mils) beneath trucks to be sued for
off-hauling activities to collect any spilled soil;
• After each truck is loaded and prior to removing the plastic sheeting, visible
dust or soil spilled during loading shall be removed from the top rails, fences,
tires, and all other surfaces by dry brushing methods at the point of loading;
• Collected soil on the plastic sheeting shall be removed periodically to avoid the
spreading of contaminated soil on truck tires;
• The soil shall be transported by a licensed transporter;
• All off-hauling trucks shall be loaded at the project site and appropriately
covered (tarped), in accordance with U.S. Department of Transportation
regulations;
• Loaded trucks shall use the most direct routes to the disposal site(s) to provide
the least risk of exposure to surrounding communities and avoid residential
areas to the maximum extent feasible; and
• Any additional BMPs determined necessary by the City Engineer.
During loading activities, the project contractor shall ensure that all applicable work
practice standards set forth in Section V, Chapter 3 of the OSHA Technical Manual
are followed, including appropriate precautions to protect construction workers and
the surrounding community, in accordance with applicable federal, State, and local
regulations, including those set forth by the Sonoma County Environmental Health
and Safety Division (SCEHD) and the Department of Toxic Substances Control
(DTSC). The Off-Hauling and Disposal Plan shall be subject to approval by the City
Engineer.
IX-3: Prior to improvement plan approval, the project applicant shall ensure that the on-
site septic systems are abandoned in compliance with applicable SCEHSD standards.
Upon removal, the septic tanks shall be inspected for leaks. Should any leaks be
identified, the project applicant shall conduct additional testing of soils at the
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location of the on-site septic systems for chemicals associated with the on-site septic
systems in accordance with applicable USEPA Methods. Where concentrations
exceed applicable DTSC screening levels, the soil shall be excavated and that
portion of material shall be transported and disposed of off-site at an appropriate
Class I or Class II facility permitted by DTSC, or other options implemented as
deemed satisfactory to SCEHSD. The results of soil sampling and analysis, as well
as verification of proper remediation and disposal, shall be submitted to the City of
Petaluma Planning Division for review and approval. Any remediation shall be
completed prior to acceptance of the site improvements for that phase.
IX-4: Prior to improvement plan approval, the project applicant shall hire a licensed well
contractor to obtain a well abandonment permit from the SCEHSD for all on-site
wells, and properly abandon the on-site wells, pursuant to Department of Water
Resources Bulletin 74-81 (Water Well Standards, Part III), for review and approval
by the SCEHSD.
Finding for Impact IX-b: Mitigation Measures IX-1 through IX-4 would reduce proposed
Project effects of creating a hazard to the public or environment through the release of hazardous
materials into the environment to less than significant. Pursuant to CEQA Guidelines, the City
finds that Mitigation Measure IX-1 through IX-4 will be incorporated into the Project via
conditions of approval and will reduce Impact IX-b to a less-than-significant level.
Rationale for Finding: The Environmental Site Assessment (ESA) found that the residence at
280 Casa Grande Road had the potential for Asbestos, Lead Based Paints (LBPs) and other
hazardous materials related to on-site septic tanks and on-site wells that could significantly
impact the public or the environment. Mitigation Measure IX-1 through IX-4 require an
assessment for LBP and asbestos with the need to comply with applicable standards if found. In
addition, an Off-Hauling and Disposal Plan with appropriate BMPs is required as well as the
appropriate abandonment of well and septic systems. Therefore, after applying these measures,
the impact would be less than significant.
Impact XIII-a: Generation of a substantial temporary or permanent increase in ambient noise
levels in the vicinity of the project in excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies.
However, implementation of Mitigation Measure XIII-1 would reduce proposed Project effects
on generation of substantial ambient noise levels established under local regulations, standards,
policy, or ordinance to less than significant
Mitigation Measures
XIII-1: The following criteria shall be included in the Improvement Plans. Exceptions to
allow expanded construction activities shall be reviewed on a case-by-case basis, as
determined by the Community Development Director:
• Limit construction hours to between 8:00 AM and 5:30 PM, Monday through
Friday, and between 9:00 AM and 5:00 PM on Saturday. Construction activities
shall be prohibited on Sundays and State, federal and local holidays;
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• High noise-producing activities, such as excavation and grading and construction
finishing, shall only occur between the hours of 8:00 AM and 5:00 PM to
minimize disruption at adjacent noise sensitive uses;
• Equip all internal combustion engine-driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
• Locate stationary noise-generating equipment (e.g., compressors) as far as
possible from adjacent residential receivers;
• Acoustically shield stationary equipment located near residential receivers with
temporary noise barriers;
• Utilize "quiet" air compressors and other stationary noise sources where
technology exists;
• The project contractor shall implement appropriate additional noise-reduction
measures that include shutting off idling equipment after five minutes (as
feasible) and notifying adjacent residences (at least one time) in advance of
construction work;
• Construction workers; radios shall be controlled to not exceed ambient noise
levels beyond the limits of the project site boundaries;
• Heavy equipment, such as paving and grading equipment, shall be stored on-site
whenever possible to minimize the need for extra heavy truck trips on local
streets;
• Two weeks prior to the commencement of construction, notification in writing
shall be provided to residents within 500 feet of the project site and if during the
school year, officials at the Casa Grande High School campus, disclosing the
construction schedule, including the various types of activities that would be
occurring throughout the duration of the construction period; and
• The project contractor shall designate a "disturbance coordinator" responsible for
responding to any complaints about construction noise. The disturbance
coordinator shall determine the cause of the noise complaint (e.g., bad muffler,
etc.) and shall require that reasonable measures be implemented to correct the
problem.
Finding for Impact XIII-a: Mitigation Measure XIII-1 would reduce proposed Project effects
on generation of substantial ambient noise levels established under local regulations, standards,
policy, or ordinance to less than significant. Pursuant to CEQA Guidelines, the City finds that
Mitigation Measure XIII-1 will be incorporated into the Project via conditions of approval and
will reduce Impact XIII-a to a less-than-significant level.
Rationale for Finding: During construction, heavy equipment for installation of utilities,
excavation of foundations, building construction, paving, and landscaping, along with hauling
materials would generate noise on-site and at adjacent receivers. However, Mitigation Measure
XIII-1 limits construction hours, requires equipment maintenance and noise reduction measures,
as well as notification to residents and the school of the construction schedule and designating a
disturbance coordinator. Compliance with these measures would minimize the construction noise
impacts. Therefore, after applying these measures, the impact would be less than significant.
Impact XVIII-a: Listed or eligible for listing in the California Register of Historical Resources,
or in a local register of historical resources as defined in Public Resources Code Section
5020.1(k); and Impact XVIII-b: A resource determined by the lead agency, in its discretion and
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supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c)
of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the
resource to a California Native American tribe.
However, implementation of Mitigation Measure XVIII-1 and XVIII-2 would reduce
proposed Project effects on historical resources to less than significant
Mitigation Measures
XVIII-1: To protect buried tribal cultural resources that may be encountered during ground
disturbing activities, the project shall implement Mitigation Measure V-1.
XVIII-2: Prior to initiation of ground-disturbing activities, a qualified archaeologist retained
by the project applicant shall conduct a short awareness training session for all
construction workers and supervisory personnel. The course shall explain the
importance of, and legal basis for, the protection of significant archaeological
resources, as well as the legal and regulatory implications of knowingly destroying
cultural resources or removing historic or precontact artifacts, human remains, and
other cultural materials from the project site. Each worker shall also learn the proper
procedures to follow in the event cultural resources or human remains/burials are
uncovered during construction activities, including work curtailment or redirection
and to immediately contact their supervisor and the archaeological monitor. The
worker education session shall include visuals of artifacts (prehistoric and historic)
that might be found in the project vicinity, and take place on the construction site
immediately prior to the start of construction. All ground-disturbing equipment
operators shall be required to receive the training and sign a form that acknowledges
receipt of the training. The signed form shall be submitted to the City of Petaluma
Community Development Department.
Finding for Impacts XVIII-a & XVIII-b: Mitigation Measures XVIII-1 and XVIII-2 would
reduce proposed Project effects on historical resources to less than significant. Pursuant to CEQA
Guidelines, the City finds that Mitigation Measures XVIII-1 and XVIII-2 will be incorporated
into the Project via conditions of approval and will reduce Impacts XVIII-a and XVIII-b to a
less-than-significant level.
Rationale for Finding: The CRS determined the site does not contain any recorded
archaeological resources. A request was sent to the California Native American Heritage
Commission (NAHC) for information regarding the Project site, as well as a notification letter to
the Federated Indians of Graton Rancheria. The Federated Indians of Graton Rancheria noted
that construction of the Project could result in a substantial adverse change in the significance of
a tribal cultural resource. However, compliance with Mitigation Measures XVIII-1 and XVIII-
2, which require preconstruction awareness training and work to stop if any resources are found,
would ensure that any on-site tribal cultural resources would be preserved. Therefore, after
applying these measures, the impact would be less than significant.
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SECTION 5: SIGNIFICANT IMPACTS THAT CANNOT BE MITIGATED TO A LESS-
THAN-SIGNIFICANT LEVEL
The Final EIR identifies two impacts that cannot be mitigated to a less-than-significant level even
though the City finds that all feasible mitigation measures have been identified and adopted as part
of the Project. The significant and unavoidable impacts identified by the Draft EIR are discussed
below.
Impact 4.2-1: Generate GHG emissions, either directly or indirectly, that may have a significant
impact on the environment, or conflict with an applicable plan, policy, or regulation adopted for
the purpose of reducing the emissions of GHGs.
Finding for Impact 4.2-1: Mitigation Measure 4.2-1 would ensure the Project meets
BAAQMD transportation criteria b. related to energy conservation and fuel efficiency, including
the Building Energy Efficiency Standards and the CALGreen Code as adopted by Petaluma
Municipal Code Chapter 17.09, but would not be able to achieve BAAQMD's transportation
criteria a. related to VMT per capita being below 15 percent of the existing citywide average
because the proposed Project's per capita VMT exceeds thresholds. As such Impact 4.2-1 would
remain cumulatively considerable and significant and unavoidable.
Mitigation Measures
4.2-1 Prior to the approval of project improvement plans, the applicant shall implement the
following measure:
• Consistent with BAAQMD's Transportation criterion b., a total of three EV
Capable parking spaces shall be installed throughout the nine undesignated on-
street parking spaces within the project site, consistent with the current
CALGreen Tier 2 standards.
Compliance with the foregoing measure shall be ensured by the City of Petaluma
Community Development Department and will be incorporated into the Project via
conditions of approval.
Rationale for Finding: The Bay Area Air Quality Management District (BAAQMD)
established qualitative thresholds of significance for proposed projects related to buildings and
transportation to be consistent with local GHG reduction strategies. Although the Project would
comply with building energy efficiency standards, and transportation criteria, with the
incorporation of Mitigation Measure 4.2-1, the transportation criteria a, related to VMT
reduction would not be satisfied. Feasible mitigation measures do not exist to reduce VMT to a
less-than-significant level as further described in Impact 4.4-3 below. Therefore Impact 4.2-1
would remain cumulatively considerable and significant and unavoidable, despite Mitigation
Measure 4.2-1.
Impact 4.4-3: Result in VMT which exceeds an applicable threshold of significance, except as
provided in CEQA Guidelines Section 15064.3, subdivision(b).
Finding for Impact 4.4-3: There are no feasible Mitigation Measures to reduce Impact 4.4-3 to
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less than significant.
Rationale for Finding: There are no feasible mitigation measures identified that would reduce
Project VMT impacts to less than significant. Other potentially effective on-site VMT measures,
such as increasing the density or mixed uses within a convenient walk, bike, or transit trip would
help the City of Petaluma meet their GHG goals consistent with VMT reduction strategies.
However, due to the relatively recent shift in CEQA Guidelines evaluating transportation
impacts through VMT, the aforementioned reduction strategies require further consideration to
resolve uncertainties, fill in information gaps, and monitoring of VMT reductions. Therefore, the
potential impact would remain significant and unavoidable.
SECTION 6: FINDINGS REGARDING ALTERNATIVES
1.1 Project Alternatives
The CEQA Guidelines require that an EIR describe a reasonable range of alternatives that would
feasibly attain most of the basic project objectives but would avoid or substantially lessen any of
the significant environmental effects of the project and evaluate the comparative merits of the
alternatives (CEQA Guidelines Section 15126[a]). Case law has indicated that the lead agency
has the discretion to determine how many alternatives constitute a reasonable range (Citizens of
Goleta Valley v. Board of Supervisors [1990], 52 C.3d 553, 566). The CEQA Guidelines note
that alternatives evaluated in the EIR should be able to attain most of the basic objectives of the
project (CEQA Guidelines Section 15126.6[a]). An EIR need not present alternatives that are
incompatible with fundamental project objectives (Save San Francisco Bay Association vs. San
Francisco Bay Conservation & Development Commission [1992], 10 Cal.App.4th 908); and the
CEQA Guidelines provide that an EIR need not consider alternatives that are infeasible (CEQA
Guidelines Section 15126.6[a]). The CEQA Guidelines provide that among the factors that may
be taken into account when addressing the feasibility of alternatives are "site suitability,
economic viability, availability of infrastructure, general plan consistency, other plans or
regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably
acquire, control or otherwise have access to the alternative site." (CEQA Guidelines Section
15126.6[f][1]). The range of alternatives required in an EIR is governed by a "rule of reason"
that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice
(CEQA Guidelines Section 15126.6[f]).
As presented in the Draft EIR Section 6.3, Alternatives Considered But Dismissed From Further
Analysis provides a summary of the various alternatives that were considered but found to be
infeasible including an off-site alternative and a reduced housing density alternative.
The Final EIR included an analysis of three alternatives: the No Project/(No Build); the No Bridge
Alternative; and the Affordable Housing Alternative. The City hereby concludes that the Final
EIR and Draft EIR sets forth a reasonable range of alternatives to the 270 and 280 Casa Grande
Road Creekwood Housing Development Project so as to foster informed public participation and
informed decision making. The City finds that the three alternatives identified and described in
the Final EIR were considered and finds the No Bridge Alternative to be environmentally
preferred and the other two Alternatives to be infeasible for the specific economic, social, or
other considerations set forth below pursuant to CEQA, Public Resources Code section 21081.
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6.1.1 Objectives of the Proposed Project
The California Environmental Quality Act (CEQA) requires that an environmental impact report
(EIR) include a statement of the objectives sought by a proposed project (Section 15124[b] of the
State CEQA Guidelines).
The following provide the primary objectives for the proposed Project:
• Promote and maximize new and diverse for-sale housing opportunities within the City
limits and urban growth boundary through using an existing residentially zoned property;
• Develop a high-quality residential project within the eastern City limits that is compatible
with existing residential subdivisions to the east and south of the project site, Casa
Grande High School to the west of the site, and the Petaluma Ecumenical Properties
Senior Housing to the north of the site;
• Develop for sale inclusionary housing that provides site location and model types in an
equitable manner;
• Construct a public multi-use pathway through the project site and along the westerly side
of Adobe Creek that connects to the Casa Grande Subdivision public pathway to the
south and allows for future extension to the north of the site;
• Install a bridge connection over Adobe Creek that connects the proposed public multi-use
pathway with the residential neighborhoods to the east of the project site, allowing for
pedestrian access from the easterly residential neighborhoods to Casa Grande High
School and the Casa Grande Road transit locations to the west of the project site;
• Provide public access and maintenance access to a landlocked and isolated site; and
• Preserve Adobe Creek in its natural state.
1.1.2 No Project/(No Build)Alternative
The State CEQA Guidelines require the analysis of a No Project/(No Build) Alternative (Section
15125.6(e)). This analysis must discuss existing conditions, as well as what would be reasonably
expected to occur in the foreseeable future if the project were not to be approved, based on
current plans, site zoning, and consistent with available infrastructure and community services.
The purpose of describing and analyzing a No Project Alternative is to allow decision-makers to
compare the impacts of approving the proposed project with the impacts of not approving the
proposed project. As development of the site would not occur, land disturbance, and any
associated physical environmental impacts related to such land disturbance, would not occur.
The No Project/(No Build)Alternative is rejected for any and all of the following reasons:
The No Project Alternative would not realize any of the Project Objectives because it would
not maximize new housing opportunities, develop a compatible, high-quality residential
project, or provide a multi-use pathway for public use.
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1.1.3 No Bridge Alternative
The No Bridge Alternative would include demolition of the on-site residence at 280 Casa Grande
Road, retention of the existing residence at 270 Casa Grande Road, development of 59 dwelling
units, construction of various on-site road and utility improvements, landscaping, and a new off-
site public multi-use pathway along the west side of the Creek. However, the bridge connection
over the Creek for the public multi-use pathway would not be developed under this Alternative.
Development of the No Bridge Alternative would involve a smaller disturbance footprint, as the
bridge would not be installed over Adobe Creek and abutments supporting the bridge on the
Creek banks would not be included. However, given that the No Bridge Alternative would still
result in the development of the same land uses as compared to the proposed Project, impacts
associated with the other CEQA topics in which the proposed Project could have significant
impacts, as identified in the Initial Study (cultural resources, geology, hazards, noise, and tribal
cultural resources) and Draft EIR (hydrology and water quality), would be anticipated to be
similar in scale under the No Bridge Alternative.
The No Bridge Alternative is accepted as the preferred Alternative for the following reasons:
• The No Bridge Alternative would meet most of the project objectives including: construct a public
multi-use pathway through the Project site and along the westerly side of Adobe Creek that connects
to the Casa Grande Subdivision public pathway to the south and allows for future extension to the
north of the site; realizes new and diverse for-sale housing opportunities within the City limits and
urban growth boundary through using an existing residentially zoned property; develop a high-
quality residential project within the eastern City limits that is compatible with existing residential
subdivisions to the east and south of the project site, Casa Grande High School to the west of the
site, and the Petaluma Ecumenical Properties Senior Housing to the north of the site; develop for-
sale inclusionary housing that provides site location and model types in an equitable manner; provide
public access and maintenance access to a landlocked and isolated site; and preserve Adobe Creek in
its natural state.
• The No Bridge Alternative would result in no substantially greater impacts related to GHG and
VMT, and would avoid all impacts associated with construction of the bridge (e.g., biological
resources and hydrology and water quality). Therefore,with respect to Section 4 of these Findings,
Mitigation Measures 4.1-3(a), 4.1-3(b), 4.1-3(c), 4.1-4(a) through 4.1-4(g), 4.1-7(a), 4.1-7(b), 4.1-
8(a), 4.1-8(b), and 4.1-8(c) would not be required for the No Bridge Alternative because the
alternative would not significantly impact anadromous fish (Impact 4.1-3), foothill yellow-legged
frog (Impact 4.1-4), riparian habitat (Impact 4.1-7), or state or federally protected wetlands (Impact
4.1-8). All other Findings in Sections 3 (Effects Determined to Have No Impact Or to be Less Than
Significant), Section 4 (Effects Determined to be Mitigated to Less Than Significant Levels), and
Section 5 (Significant Impacts that cannot be mitigated to a less-than-significant level) remain
applicable to the No Bridge Alternative.
1.1.4 Affordable Housing Alternative
Under the Affordable Housing Alternative, the 59 residential units proposed to be developed on-
site would be offered as affordable housing. All other on- and off-site improvements proposed as
part of the Project, including demolition of the on-site residence at 280 Casa Grande Road,
retention of the existing residence at 270 Casa Grande Road, construction of various on-site road
and utility improvements, landscaping, and a new off-site public multi-use pathway, with a bridge
connection over the Creek, would remain the same.
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Given that all on- and off-site improvements required under the Affordable Housing Alternative
would be the same as the proposed Project, the Alternative would still require a Vesting Tentative
Parcel Map, Site Plan and Architectural Review, and a Tree Removal Permit. In addition, because
the Affordable Housing Alternative would generally result in similar development of the proposed
Project, all project objectives would be met. Given that development of the Affordable Housing
Alternative would involve the same disturbance footprint and development of similar land uses as
compared to the proposed Project, impacts associated with the other CEQA topics in which the
proposed Project could have significant impacts, as identified in the Initial Study (cultural
resources, geology, hazards, noise, and tribal cultural resources), are anticipated to be similar in
scale under the Affordable Housing Alternative.
The Affordable Housing Alternative would result in fewer impacts related to GHG emissions and
transportation, and similar impacts to the proposed Project for biological resources, cultural
resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise,
and tribal cultural resources. Furthermore, the Project's two significant and unavoidable impacts
would be eliminated with buildout of the Affordable Housing Alternative.
As the Project will result in significant and unavoidable impacts, the City must make specific
findings regarding the environmentally superior option (Public Resources Code Section
21081[a][3] and CEQA Guidelines Section 15091[a][3]). The City Council finds that the
Affordable Housing Alternative is not feasible. "Feasible" is defined as "capable of being
accomplished in a successful manner within a reasonable period of time, taking into account
economic, environmental, social, technological, and legal factors." (Public Resources Code
Section 21061 and CEQA Guidelines Section 15364) The City Council finds that the Affordable
Housing Alternative is not feasible, as defined under CEQA, as the City cannot legally require the
Project applicant to construct 100% affordable housing on the site as Section 3.040 of the
Petaluma IZO only requires 15% of the total number of residential units be affordable.
The Affordable Housing Alternative is rejected for any and all of the following reasons:
• The Affordable Housing Alternative is not financially viable.
• The City cannot legally require the Project applicant to construct 100% affordable
housing on the site.
SECTION 7: STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social,
technological,or other benefits of a project against its unavoidable risks when determining whether
to approve a project. If the specific economic, legal, social, technological or other benefits of the
project outweigh the unavoidable adverse environmental effects, those effects may be considered
acceptable. CEQA requires the agency to support, in writing, the specific reasons for considering
a project acceptable when significant impacts are not avoided or substantially lessened. Those
reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record.
In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the
mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting
Program(MMRP), when implemented, avoid or substantially lessen virtually all of the significant
effects identified in the Draft and Final EIR. Nonetheless, two significant impacts of the Project
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are unavoidable even after incorporation of all feasible mitigation measures. The significant
unavoidable impacts are identified and discussed in Section 5 of these Findings. The City further
specifically finds that notwithstanding the disclosure of the significant unavoidable impacts, there
are specific overriding economic, legal, social, and other reasons for approving the Project. Each
of the following reasons provides an independent basis to support the override of the significant
and unavoidable impacts. Those reasons are enumerated below.
Implementation of the No Bridge Project Alternative would:
• provide development consistent with the City's General Plan, zoning regulations, and
long-term development goals, especially as related to the provision of additional housing;
• develop the Project site in a manner that implements the City's Housing Element and
advances the City's pro-housing designation;
• promote and realize new housing opportunities within the urban growth boundary,
thereby discouraging urban sprawl; and
• enhance neighborhood connections with construction of a multi-use pathway.
The City Council finds that the 270 and 280 Casa Grande Road Creekwood Housing
Development Project have been carefully reviewed and that Project design features and
recommended mitigation measures have been incorporated into the 270 and 280 Casa Grande
Road Creekwood Housing Development Project to reduce all environmental effects to the fullest
extent possible. Nonetheless, the analysis has identified environmental effects which cannot be
avoided or substantially lessened. The City Council has considered each environmental effect
which has not been mitigated to a less-than-significant level, all as described above and in the
Draft EIR.
The City Council has considered the fiscal, economic, social, environmental, and orderly land use
planning benefits of the 270 and 280 Casa Grande Road Creekwood Housing Development
Project. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15093,
the City Council has balanced the fiscal, economic, social, environmental, and land use benefits
of the 270 and 280 Casa Grande Road Creekwood Housing Development Project against its
unavoidable and unmitigated adverse environmental impacts and,based upon substantial evidence
in the record, has determined that the benefits of the 270 and 280 Casa Grande Road Creekwood
Housing Development Project/No Bridge Alternative outweigh the adverse environmental
effects, and that the remaining significant and unavoidable impacts of the 270 and 280 Casa
Grande Road Creekwood Housing Development Project/No Bridge Alternative are acceptable in
light of the Project's multiple benefits, any one of which is sufficient to constitute grounds for
this statement of overriding considerations. The substantial evidence supporting these overriding
considerations can be found in these Findings, and in the documents comprising the Record of
Proceedings.
SECTION 8: GENERAL FINDINGS
1. The City, acting through the Community Development Department, is the "Lead
Agency" for the Project evaluated in the EIR. The City finds that the EIR was
prepared in compliance with CEQA and the CEQA Guidelines. The City finds that it
has independently reviewed, considered, and analyzed the EIR for the Project, that
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the Draft EIR which was circulated for public review reflected its independent
judgment and that the Final EIR reflects the independent judgment and analysis of
the City in accordance with Public Resources Code Section 21082.1(c)(3).
2. The Draft EIR evaluated the following potential Project and cumulative
environmental impacts: Biological Resources, Greenhouse Gas Emissions,
Hydrology and Water Quality, and Transportation. Additionally, the EIR
considered, in separate sections, Significant Irreversible Environmental Changes and
Growth Inducing Impacts. An Initial Study, Appendix A of the Draft EIR, addressed
the remaining CEQA topics. The significant environmental impacts of the Project,
as well as other alternatives were identified in the Draft EIR.
3. The City finds that the Draft EIR provides objective information to assist the
decision makers and the public at large in their consideration of the environmental
consequences of the Project. The public review period provided all interested
jurisdictions, agencies, private organizations, and individuals the opportunity to
submit comments regarding the Draft EIR. The Final EIR was prepared after the
review period and responds to comments made during the public review period.
4. The City of Petaluma evaluated comments on environmental issues received from
persons who reviewed the Draft EIR. In accordance with CEQA, written responses
were provided describing the disposition of significant environmental issues raised.
The Final EIR provides adequate, good faith and reasoned responses to the
comments. The City of Petaluma reviewed the comments received and responses
thereto and has determined that neither the comments received nor the responses to
such comments add significant new information regarding environmental impacts to
the Draft EIR. The City of Petaluma, as the Lead Agency, has based its actions on
full appraisal of all viewpoints, including all comments received up to the date of
adoption of these Findings, concerning the environmental impacts identified and
analyzed in the FEIR.
a. Having reviewed the information contained in the Draft EIR, the Final EIR, and
the administrative record, as well as the requirements of CEQA and the CEQA
Guidelines regarding recirculation of Draft EIRs, the City finds that there is no
new significant impact, substantial increase in the severity of a previously
disclosed impact, significant new information in the record of proceedings or
other criteria under CEQA that would require recirculation of the Draft EIR, or
that would require preparation of a supplemental or subsequent EIR. Specifically,
the City finds that the Responses to Comments contained in the Final EIR fully
considered and responded to comments claiming that the Project would have
significant impacts or more severe impacts not disclosed in the Draft EIR and
include substantial evidence that none of these comments provided substantial
evidence that the Project would result in changed circumstances, significant new
information, considerably different or feasible mitigation measures, or new or
more severe significant impacts than were discussed in the Draft EIR, which
would require recirculation of the Draft EIR. Thus, the City finds that, as
significant new information was not added to the Draft EIR, recirculation is not
required 13 munnt to Public 1R rode Section ?109? 1
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b. The City has thoroughly reviewed the public comments received regarding the
Project and the Final EIR as it relates to the Project to determine whether, under
the requirements of CEQA, any of the public comments provide substantial
evidence that would require recirculation of the EIR prior to its adoption and has
determined that recirculation of the EIR is not required.
c. None of the information submitted after publication of the Final EIR, including
testimony at the public hearings on the Project, constitutes significant new
information or otherwise requires preparation of a supplemental or subsequent
EIR. The City does not find this information and testimony to be credible
evidence of a significant impact, a substantial increase in the severity of an
impact disclosed in the Final EIR, or a feasible mitigation measure or alternative
not included in the Final EIR.
d. The mitigation measures identified for the Project were included in the Draft EIR
and Final EIR. The final mitigation measures for the Project are described in the
Mitigation Monitoring and Reporting Program (MMRP) and subsequently
incorporated into the Project as conditions of approval. The City finds that the
impacts of the Project have been mitigated to the extent feasible by the
mitigation measures identified in the MMRP.
5. CEQA requires the Lead Agency approving a project to adopt a MMRP or the changes
to the project which it has adopted, or made a condition of project approval, in order
to ensure compliance with the mitigation measures during project implementation.
The mitigation measures included in the EIR as certified by the City and in the
MMRP as adopted by the City serve that function. The MMRP includes all of the
mitigation measures adopted by the City in connection with the approval of the
Project and has been designed to ensure compliance with such measures during
implementation of the Project. In accordance with CEQA, the MMRP provides the
means to ensure that the mitigation measures are fully enforceable. In accordance
with the requirements of Public Resources Code Section 21081.6, the City hereby
adopts the MMRP.
6. In accordance with the requirements of Public Resources Code Section 21081.6, the
City hereby adopts each of the mitigation measures expressly set forth herein as
conditions of approval for the Project.
7. The custodian of the documents or other materials which constitute the record of
proceedings upon which the City's decision is based is the City of Petaluma.
8. The City finds and declares that substantial evidence for each and every finding made
herein is contained in the EIR, which is incorporated herein by this reference, or is in
the record of proceedings in the matter.
9. The City is certifying an EIR for, and is approving and adopting Findings for, the
entirety of the actions described in these Findings and in the EIR as comprising the
270 and 280 Casa Grande Road Creekwood Housing Development Project.
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10. The EIR is a project EIR for purposes of environmental analysis of 270 and 280
Casa Grande Road Creekwood Housing Development Project. A project EIR
examines the environmental effects of a specific project. The EIR serves as the
primary environmental compliance document for entitlement decisions regarding the
project by the City and the other regulatory jurisdictions.
11. The City of Petaluma, as the Lead Agency, has eliminated or substantially lessened
all significant effects when feasible and has determined that any remaining
significant effects are acceptable when balanced against the project's benefits as
stated in Section 7 Statement of Overriding Considerations.
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Exhibit B Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
MITIGATION MONITORING AND REPORTING PROGRAM
270 and 280 Casa Grande Road Creekwood Housing Development Project
Impact Monitoring Implementation
Num er Impact Mitigation Measures Agency Schedule I Sign-off
4.1 Biological Resources
4.1-1 Have a substantial 4.1-1 Prior to initial ground-disturbing activities, City of Prior to initial
adverse effect, either special-status plant surveys shall be Petaluma ground-disturbing
directly or through conducted by a qualified biologist in areas Community activities
habitat modifications, on proposed for disturbance during the Development
special-status plant blooming season in accordance with the Department
species. USFWS Guidelines for Conducting and
Reporting Botanical Inventories for CDFW
Federally Listed, Proposed, and
Candidate Plants, the CNPS Botanical
Survey Guidelines of the California Native
Plant Society, and CDFW Protocols for
Surveying and Evaluating Impacts to
Special Status Native Plant Populations
and Natural Communities. A report
summarizing the results of the special-
status plant surveys shall be submitted for
review and approval to the City of
Petaluma Community Development
Department. If special-status plant species
are not found, further mitigation shall not
be required.
If special-status perennial species are
found within the proposed impact area,
such as Sanford's arrowhead, the plants
shall be dug up and transplanted into a
suitable avoided area on-site (or
elsewhere as appropriate to facilitate
greatest success of transplanting) prior to
construction. If the plant found is an
annual, such as Pacific Grove clover, then
mitigation shall consist of collecting seed-
bearing soil andspreading it into a suitable
it Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
MITIGATION MONITORING AND REPORTING PROGRAM
270 and 280 Casa Grande Road Creekwood Housing Development Proiect
Impact Monitoring Implementation
umber Impact Mitigation Measures Agency Schedule Sign-off
constructed wetland at a mitigation site. If
special-status plants would be impacted,
as determined by a qualified biologist, a
mitigation plan shall be developed and
submitted for review and approval to the
City of Petaluma and California
Department of Fish and Wildlife (CDFW).
Mitigation for the transplantation and/or
establishment of rare plants shall result in
no net loss of individual plants after a five-
ear monitoring period.
4.1-2 Have a substantial 4.1-2(a) If feasible, initial ground-disturbing City of If completing all
adverse effect, either activities associated with the proposed Petaluma initial ground-
directly or through project (e.g., grading, vegetation removal, Community disturbing activities
habitat modifications, on staging) shall take place between Development between September
western bumble bee. September 1 and March 31 (i.e., outside Department 1 and March 31 is
the colony active period) to avoid potential not feasible, then at
impacts on western bumble bee. If CDFW a maximum of 14
completing all initial ground-disturbing days prior to the
activities between September 1 and March commencement of
31 is not feasible, then at a maximum of 14 construction
days prior to the commencement of activities
construction activities, a qualified biologist
with 10 or more years of experience
conducting biological resource surveys
within California shall conduct a
preconstruction survey for western bumble
bees in the area(s)proposed for impact.
The survey shall occur during the period
from one hour after sunrise to two hours
before sunset, with temperatures between
65 degrees Fahrenheit and 90 degrees
Fahrenheit, with low wind and zero rain. If
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
MITIGATION MONITORING AND REPORTING PROGRAM
270 and 280 Casa Grande Road Creekwood Housing Develo ment Project
Impact Monitoring Implementation
umber Impact Mitigation Measures Agency Schedule Sign-off
the timing of the start of construction
makes the survey infeasible due to the
temperature requirements, the surveying
biologist shall select the most appropriate
days based on the National Weather
Service seven-day forecast and shall
survey at a time of day that is closest to the
temperature range stated above. The
survey duration shall be commensurate
with the extent of suitable floral resources
(which represent foraging habitat)present
within the area proposed for impact, and
the level of effort shall be based on the
metric of a minimum of one person-hour of
searching per three acres of suitable floral
resources/foraging habitat. A meandering
pedestrian survey shall be conducted
throughout the area proposed for impact in
order to identify patches of suitable floral
resources. Suitable floral resources for
western bumble bee include species in the
following families:Asteraceae, Fabaceae,
Rhamnaceae, and Rosaceae, as well as
plants in the genera Eriogonum and
Penstemon.
At a minimum, preconstruction survey
methods shall include the following:
• Search areas with floral resources
for foraging western bumble bees.
Observed foraging activity may
indicate a nest is nearby, and
therefore, the survey duration
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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shall be increased when foraging
western bumble bees are present;
• If western bumble bees are
observed, watch any special-
status western bumble bees
present and observe their flight
patterns. Attempt to track their
movements between foraging
areas and the nest;
• Visually look for nest entrances.
Observe burrows, any other
underground cavities, logs, or
other possible nesting habitat;
• If floral resources or other
vegetation preclude observance
of the nest, small areas of
vegetation may be removed via
hand removal, line trimming, or
mowing to a height of a minimum
of four inches to assist with
locating the nest;
• Look for concentrated western
bumble bee activity;
• Listen for the humming of a nest
colony;and
• If western bumble bees are
observed, attempt to photograph
the individual and identify it to
species.
The biologist conducting the survey shall
record when the survey was conducted, a
general description of any suitable
foraging habitat/floral resources present, a
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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description of observed western bumble
bee activity, a description of any
vegetation removed to facilitate the
survey, and their determination of if survey
observations suggest a western bumble
bee nest(s) may be present or if
construction activities could result in take
of western bumble bee. The report shall be
submitted to the City of Petaluma
Community Development Department
prior to the commencement of
construction activities.
If western bumble bees are not located
during the preconstruction survey, then
further mitigation or coordination with the
CDFW is not required.
If any sign(s) of a bumble bee nest is
observed, and if the species present
cannot be established as a common
bumble bee, then construction shall not
commence until either(1)the bumble bees
present are positively identified as
common (i.e., not a western bumble bee),
or (2) the completion of coordination with
CDFW to identify appropriate mitigation
measures, which may include, but not be
limited to, waiting until the colony active
season ends, establishment of nest
buffers, or obtaining an Incidental Take
Permit(ITP) from CDFW.
it. Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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If western bumble bees are located, and
after coordination with CDFW take of
western bumble bees cannot be avoided,
the project applicant shall obtain an ITP
from CDFW, and the applicant shall
implement all conditions identified in the
ITP. Mitigation required by the ITP may
include, but not be limited to, the project
applicant translocating nesting substrate
in accordance with the latest scientific
research to another suitable location (i.e.,
a location that supports similar or better
floral resources as the impact area),
enhancing floral resources on areas of the
project site that will remain appropriate
habitat, worker awareness training, and/or
other measures specified by CDFW.
4.1-2(b) If western bumble bees are identified on- City of Prior to
site by a qualified biologist, the following Petaluma commencement of
provisions shall be implemented to offset Community construction
the loss or disturbance of foraging habitat Development activities, if western
(native forbs and shrubs): plant species Department bumble bees are
that are known nectar sources of the identified on-site
western bumble bee shall be replaced at a CDFW
2:1 ratio, or as otherwise recommended by
a qualified biologist and CDFW, and shall
be included in a revised landscaping plan.
The revised landscaping plan shall be
submitted to the City of Petaluma
Community Development Department for
review and approval prior to
commencement of construction activities.
Plant species shall be sited in
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Final EIR
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December 2024
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concentrated locations selected in
consultation with a qualified biologist and
CDFW, as necessary, to ensure the long-
term survival of such plants and to limit
disturbance throughout project operation.
Plant species known to benefit the western
bumble bee include, but are not limited to,
Asteraceae, Fabaceae, Rhamnaceae,
and Rosaceae, as well as plants in the
genera Eriogonum and Penstemon. If
western bumble bee are not identified on-
site, the requirements of this measure
shall be limited to the inclusion of native
plant species in the aforementioned
taxonomic families within the project
landscaping plan, to the satisfaction of the
City of Petaluma Community Development
Department.
4.1-3 Have a substantial 4.1-3(a) Construction activities within 50 feet of City of Prior to issuance of
adverse effect, either Adobe Creek (Creek) shall be conducted Petaluma grading permit.
directly or through outside of the known salmonid winter and Community
habitat modifications, on fall runs (known to occur from November Development
anadromous fish. to April for the project region). Prior to Department
issuance of grading permit, the foregoing
provision shall be noted on the final NOAA
improvement plans, which shall be subject
to review and approval by the City of
Petaluma Community Development
Department. The City shall also coordinate
with the National Oceanic and
Atmospheric Administration (NOAA)
Fisheries/West Coast Region to obtain its
concurrence that the language is
Chapter 3 - Mitigation Monitoring and Reporting Program
Page 3-9
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Final EIR
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December 2024
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LImpactMonitoring Implementation
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acceptable, prior to approval of final
improvement plans.
4.1-3(b) Prior to the commencement of City of Prior to the
construction, standard erosion-control Petaluma commencement of
best management practices (BMPs) shall Community construction and
be implemented around the proposed Development prior to approval of
disturbance areas. A qualified biologist Department final improvement
shall be present during installation of the plans
BMPs to ensure special-status wildlife NOAA
species are not harmed during installation
or become entrapped within the
disturbance area. The BMPs shall be
included in the final improvement plans
and subject to review and approval by the
City of Petaluma Community Development
Department. The City shall also coordinate
with the NOAA Fisheries/West Coast
Region to obtain its concurrence that the
BMPs are acceptable, prior to approval of
final improvement plans.
4.1-3(c) Implement Mitigation Measures 4.1-7(a) See Measures See Measures 4.1-
and 4.1-7(b) and Mitigation Measures 4.1- 4.1-7(a)and 7(a) and 4.1-7(b)
8(a) through 4.1-8(c). 4.1-7(b)and and Mitigation
Mitigation Measures 4.1-8(a)
Measures 4.1- through 4.1-8(c)
8(a)through
4.1-8 c
4.1-4 Have a substantial 4.1-4(a) Within 14 days prior to the City of Within 14 days prior
adverse effect, either commencement of construction (including Petaluma to the
directly or through tree trimming and removal), a qualified Community commencement of
habitat modifications, on biologist approved by the U.S. Fish and Development construction
foothill yellow-legged Wildlife Service USFWS and/or CDFW Department (includinq tree
it. Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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um r Impact Mitigation Measures Agency Schedule Sign-off
frog, California red- shall conduct preconstruction surveys of trimming and
legged frog, and all areas proposed for ground disturbance CDFW removal)
northwestern pond turtle. within suitable habitats for special-status
species, including foothill yellow-legged USFWS
frog (FYLF), California red-legged frog
(CRLF), and northwestern pond turtle. The
preconstruction surveys shall occur in
areas within and adjacent to the project
site to determine if the foregoing special-
status species are present and shall not be
completed more than five days prior to the
initiation of grading activities in habitats
where FYLF, CRLF, and northwestern
pond turtle have potential to occur. A
report summarizing the results of the
preconstruction surveys shall be
submitted for review and approval to the
City of Petaluma Community Development
Department.
If any special-status species are found, the
qualified biologist shall contact the CDFW
(and USFWS) to determine whether
relocation and/or additional exclusion
buffers are appropriate. If CDFW approves
relocating the animal(s), the qualified
biologist shall be given sufficient time to
move the animal(s) from the work site
before work construction activities begin.
Following construction activities, results
from any sensitive species surveys shall
be documented in a memorandum and
provided to the City of Petaluma
Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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Community Development Department
within 30 days following the end of
construction activities, or sooner, if
requested by City staff.
4.1-4(b) If disturbance is to occur within the City of Prior to the
ordinary high-water mark (OHWM) of the Petaluma commencement of
Creek, the project applicant shall complete Community construction, if
Section 7 consultation with the USFWS Development disturbance is to
and the National Oceanic and Department occur within the
Atmospheric Administration (NOAA) ordinary high-water
Fisheries/National Marine Fisheries USFWS mark (OHWM) of
Service (NMFS) for potential impacts to the Creek
federally listed species, prior to the NOAA/NMFS
commencement of construction. Proof of
compliance with the foregoing provisions
shall be documented and submitted for
review and approval to the City of
Petaluma Community Development
Department.
4.14(c) Within 14 days prior to the City of Within 14 days prior
commencement of construction activities, Petaluma to the
exclusionary fencing shall be installed Community commencement of
along the work area boundary, as Development construction
determined by a qualified biologist. Department activities
Exclusionary fencing shall act as a barrier
to keep special-status species from USFWS
entering the work area. An Exclusionary
Fence Plan shall be prepared by a CDFW
qualified biologist and subject to review
and approval by USFWS/CDFW and the
City of Petaluma Community Development
Department. The Exclusionary Fence Plan
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
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December 2024
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270 and 280 Casa Grande Road Creekwood Housing Development Proiect
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shall include, but not necessarily be limited
to, the following components:
a. Areas approved for grading and
clearing shall be delineated with
suitable fencing materials and
dimensions (such as temporary
high-visibility orange-colored
fence or silt fence at least four feet
in height, flagging, or other
barriers and buried to a depth of at
least four inches) to act as a
barrier to keep special-status
species from entering the project
site. Signs shall be posted that
clearly state that construction
personnel and equipment are
excluded from the marked area.
The fencing shall be inspected
and approved by a qualified
biologist and maintained daily until
all construction activities are
complete. The fencing shall be
removed only when all
construction equipment is not on-
site any longer. Construction
activities shall not take place
outside the delineated project site.
b. To avoid attracting predators,
food-related trash shall be kept in
closed containers and removed
daily from the exclusion zone.
c. At the end of each day, all
construction-related holes or
it Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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trenches deeper than one foot
shall be covered to prevent
entrapment of special-status
species.
d. Prior to the commencement of
daily construction activities, all
conduits and pipes shall be
inspected for the presence of
animals. Removal of any animals
shall be done in consultation with
the approved qualified biologist.
e. Prior to the commencement of
construction, any vegetation
removed prior to the start of
construction activities shall be
placed away from sensitive
species exclusion areas so that
cut vegetation does not remain
once exclusionary fencing is
installed. All removed non-native,
invasive vegetation shall be
discarded off-site and away from
aquatic resources to prevent
reseeding.
4.1-4(d) Within 14 days prior to the City of Within 14 days prior
commencement of construction, a Petaluma to the
qualified biologist shall conduct an Community commencement of
Environmental Awareness Training Development construction
session to familiarize all construction Department
personnel with identification of special-
status species and associated habitats,
general provisions and protections
afforded by the federal Endangered
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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Species Act (FESA) and California
Endangered Species Act (CESA),
measures implemented to protect such
species, actions to be taken if protected
species are observed on-site, and a
review of project site boundaries and job
site maintenance protocols (i.e., worker-
generated trash, worker vehicle and
construction equipment parking, and
disposal of construction wastes). All
personnel shall sign an affidavit
acknowledging participation in the training
and understanding species legal status,
penalties for violations, and all protective
measures. A wallet-sized card or fact
sheet handout shall be distributed to all
crews on-site. Proof of completion of the
training for all on-site personnel shall be
kept on-site and submitted for review and
approval to the City of Petaluma
Community Development Department.
4.1-4(e) During project construction, grading City of Requirements noted
activities shall cease a half-hour before Petaluma on improvement
sunset and shall not commence prior to a Community plans
half-hour before sunrise. Grading activities Development
shall be prohibited during rain events that Department
meet the following conditions: within 24
hours of events predicted to deliver more
than 0.2-inch of rain and within 24 hours
after rain events exceeding 0.2-inch in
measurable precipitation. Grading shall
not occur after 0.5-inch of rain has
occurred after November 1 in the year
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
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December 2024
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construction grading work is occurring
unless a one-week extension based on fair
weather is approved by the City of
Petaluma, CDFW, and the Regional Water
Quality Control Board (RWQCB). The
foregoing provisions shall be noted on the
final improvement plans, which shall be
verified by the City of Petaluma
Community Development Department.
4.1-4(f) Prior to the commencement of any effort to City of Prior to the
advertise or promote the sale of any of the Petaluma commencement of
proposed dwelling units, all promotional Community any effort to
materials, deeds/rental agreements, etc., Development advertise or
shall include information that informs all Department promote the sale of
tenants that dogs are to be leashed at all any of the proposed
times within development boundaries, dwelling units
including within 50 feet of the riparian
habitat within the study area, in order to
ensure that sensitive resources and
riparian habitat are preserved. Proof of
compliance with the foregoing provision
shall be submitted for review and approval
to the City of Petaluma Community
Development Department.
4.1-4(g) Prior to the commencement of City of Prior to the
construction, the project applicant shall Petaluma commencement of
include a design sheet of the proposed Community construction
trash enclosure and receptacles as part of Development
the improvement plan submittal. The Department
design sheet shall note that trash
receptacles must be secured within
enclosures that exclude meso redators
it. Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
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December 2024
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(e.g., racoons and coyotes) to avoid
attracting and subsidizing such predators.
On-site trash enclosures and receptacles
shall also be routinely maintained.
Inclusion of the design sheet shall be
subject to review and approval by the City
of Petaluma Community Development
Department.
4.1-5 Have a substantial 4.1-5 During project construction, site City of If construction
adverse effect, either preparation activities, including tree Petaluma occurs between
directly or through trimming and removal, should occur Community February 1 and
habitat modifications, on between September 1 and January 31, Development August 31, within 7
Swainson's hawk and outside of the bird nesting season. If Department days prior to
other nesting birds and vegetation removal or construction begins vegetation removal
raptors protected under between February 1 and August 31, or ground disturbing
the MBTA and CFGC. preconstruction nesting bird surveys shall activities
be conducted by a qualified biologist within
seven days prior to vegetation removal or
ground-disturbing activities to determine
the presence or absence and location of
nesting bird species.A report summarizing
the results of the preconstruction nesting
bird surveys shall be submitted for review
and approval to the City of Petaluma
Community Development Department. If a
lapse in construction activity occurs for
more than seven consecutive days or if
construction activity is phased at the work
site, preconstruction and nesting bird
surveys shall be repeated.
If active nests are present within 500 feet
of construction areas, temporary
protective construction exclusion zones
Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
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shall be established by a qualified biologist
in order to avoid direct or indirect mortality
or disruption of the birds, nests, or young.
The appropriate buffer distance shall be
dependent on the species, surrounding
vegetation, and topography and shall be
determined by a qualified biologist, but
shall be a minimum of 500 feet for raptors
and 100 feet for songbirds. Exclusion
zones shall remain in place until all young
have fledged or until the nest has been
naturally abandoned or predated. Work
may proceed if active nests are not found
during surveys or once nests are
determined by a qualified biologist to be
inactive.
The non-disturbance buffers may be
reduced if a smaller, sufficiently protective
buffer is approved by the City after taking
into consideration the natural history of the
species of bird nesting, the proposed
activity level adjacent to the nest, the nest
occupants' habituation to existing or
ongoing activity, and nest concealment
(i.e., whether visual or acoustic barriers
occur between the proposed activity and
the nest).A qualified biologist may visit the
nest, as needed, to determine when the
young have fledged the nest and are
independent of the site or the nest can be
left undisturbed until the end of the nesting
season. If the nest buffer is reduced but
construction activities cause a nesting bird
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
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to vocalize, make defensive flights at
intruders, get up from a brooding position,
or fly off the nest in a way that would be
considered a result of construction
activities, then the exclusionary buffer
shall be increased such that activities are
far enough from the nest to stop the
agitated behavior. The revised non-
disturbance buffer shall remain in place
until the chicks have fledged or as
otherwise determined by a qualified
biologist in consultation with the City.
Cleared vegetation during the nesting
season shall be collected and transported
off-site during each week to prevent birds
from nesting in vegetative debris.
Results from any survey for nesting birds
shall be documented in a memorandum
and provided to the City of Petaluma
Community Development Department
within 30 days following the end of
construction activities.
4.1-6 Have a substantial 4.1-6 Prior to the commencement of City of At most 14 days
adverse effect, either construction, a qualified biologist shall Petaluma prior to the
directly or through conduct a preconstruction survey of Community commencement of
habitat modifications, on suitable habitat for special-status bats, Development construction
pallid bat. including existing structures proposed for Department
demolition or removal, that could support
special-status bats, at most, 14 days prior
to initiation of ground disturbance,
including tree trimming and removal. A
report summarizing the results of the
Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
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preconstruction survey shall be submitted
for review and approval to the City of
Petaluma Community Development
Department. If a lapse in construction
activity occurs for more than seven
consecutive days or if construction activity
is phased at the work site, preconstruction
bat surveys shall be repeated.
If special-status bat roosts are observed,
ground disturbance within 50 feet of roosts
shall be restricted to between August 31
and October 15 and between March 1 and
April 15 to avoid hibernation and rearing
periods. Removal of potential suitable bat
roost trees shall occur over a two-day
phased process with a qualified biologist
present.
In addition, if bats or evidence of bat
roosting are observed, exclusionary
fencing and/or construction activity
avoidance limits shall be put in place.
Exclusion devices may include features
such as one-way exits from roost habitat
and shall be installed by a qualified
biologist, in consultation with CDFW, and
shall not occur outside of the date ranges
listed above to avoid hibernation or rearing
periods.
Following construction activities, results
from any sensitive bat species survey shall
be documented in a memorandum, written
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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Final EIR
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by the qualified biologist, and provided to
the City of Petaluma Community
Development Department within 30 days
following the end of construction activities.
4.1-7 Have a substantial 4.1-7(a) Prior to the commencement of City of Prior to the
adverse effect on any construction, the project applicant shall Petaluma commencement of
riparian habitat or other implement minimization and avoidance Community construction
Sensitive Natural measures that may include, but not Development
Community identified in necessarily be limited to, preconstruction Department
local or regional plans, species surveys and reporting, protective
policies, regulations or fencing around avoided biological CDFW
by the CDFW or resources, worker environmental
USFWS. awareness training, seeding disturbed
areas adjacent to open space areas with
native seed, and installation of project-
specific stormwater BMPs. Mitigation for
impacts to riparian habitat may include,
but not be limited to, restoration or
enhancement of resources on- or off-site,
purchase of habitat credits from an
agency-approved mitigation/conservation
bank, working with a local land trust to
preserve land, or any other method
acceptable to CDFW. Mitigation shall
result in no net loss of riparian habitat.
Prior to the commencement of
construction, the project applicant shall
apply for a Section 1600 Lake or
Streambed Alteration Agreement (LSAA)
from CDFW. The project applicant shall
comply with any terms and conditions
contained within the final LSAA for the
proposed project, which may differ from
the above. Written verification of the
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December 2024
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Section 1600 LSAA shall be submitted to
the City of Petaluma Community
Development Department.
4.1-7(b) A 50-foot setback from riparian vegetation City of Noted on
shall be established prior to the Petaluma improvement plans
commencement of grading activities, Community prior to the
except for construction of the stormwater Development commencement of
outfall facilities, pedestrian bridge Department grading activities
connection, and the off-site public multi-
use pathway, where a lesser setback shall
be established in consultation with a
qualified biologist. Construction and
staging of vehicles and equipment shall
not occur within 50 feet of riparian
vegetation and shall be parked only in
designated staging areas. Silt fencing
shall be installed along the outer edge of
the project's disturbance footprint and
shall remain during grading activities
associated with the proposed project. The
foregoing provisions shall be based on
recommendations by a qualified biologist,
comply with agency approval, and noted
on the final improvement plans, which
shall be subject to review and approval by
the City of Petaluma Community
Development Department.
4.1-7(c) Implement Mitigation Measures 4.1-8(b) See Mitigation See Mitigation
and 4.1-10. Measures 4.1- Measures 4.1-8(b)
8(b)and 4.1- and 4.1-10
10
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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4.1-8 Have a substantial 4.1-8(a) Prior to the commencement of grading City of Noted on
adverse effect on State activities, a 50-foot setback from the Petaluma improvement plans
or federally protected OHWM of the Creek shall be established Community prior to the
wetlands (including, but and noted on the improvement plans, Development commencement of
not limited to, marsh, except for construction of the stormwater Department grading activities
vernal pool, coastal, etc.) outfall facilities and the off-site public
through direct removal, multi-use pathway and bridge, where a
filling, hydrological lesser setback shall be established in
interruption, or other consultation with a qualified biologist and
means. applicable regulatory agencies.
Construction and staging of vehicles and
equipment shall not occur within the Creek
channel. Silt fencing shall be installed
along the outer edge of the project's
disturbance footprint and shall remain
during grading activities. Inclusion of the
50-foot setback from the OHWM of the
Creek on the improvement plans shall be
subject to review and approval by the City
of Petaluma Community Development
Department.
4.1-8(b) Prior to initiation of any ground-disturbing City of Prior to initiation of
activities, the project proponent shall Petaluma any ground-
submit a formal Aquatic Resources Community disturbing activities
Delineation to the USACE for verification Development
purposes and determination as to whether Department
the project activities will require a Clean
Water Act (CWA) Section 404 permit. A USACE
copy of the USACE's determination shall
be submitted to the City of Petaluma RWQCB
Community Development Department. If a
Section 404 permit is not required, further
mitigation shall not be required. If a
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Section 404 permit is required, the project
proponent shall apply for a Clean Water
Act (CWA) Section 404 permit from the
USACE. Waters that would be lost or
disturbed shall be restored, replaced, or
rehabilitated on a no-net-loss" basis.
Habitat restoration, rehabilitation, and/or
replacement shall be at a location and by
methods acceptable to the USACE. If a
Section 404 permit is required, the project
applicant shall also apply for a Section 401
water quality certification from the
RWQCB prior to the issuance of grading
permits and adhere to the certification
conditions. A copy of the Section 404 and
401 permits detailing the provisions with
which the proposed project must comply
shall be submitted to the City of Petaluma
Community Development Department.
4.1-10 Conflict with any local 4.1-10 Prior to approval of the final improvement City of Prior to approval of
policies or ordinances plans, the project applicant shall obtain a Petaluma the final
protecting biological Tree Removal Permit from the City of Community improvement plans
resources, such as a tree Petaluma Community Development Development
preservation policy or Department. In addition, all protected trees Department
ordinance, or have a to be removed, as identified in the Tree
substantial adverse Protection and Removal Plan prepared by
effect on the Urban Forestry Associates, Inc. for the
environment by proposed project, shall be replaced in
converting oak accordance with the ratios established in
woodlands. the Tree Replacement Calculations table
in the Tree Protection and Removal Plan.
All trees to be preserved and protected, as
detailed in Table 2 of the Tree Protection
and Removal Plan shall be preserved in
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accordance with the recommendations
established therein. Proof of compliance
with the foregoing provisions shall be
submitted for review and approval to the
City of Petaluma Community Development
Department.
4.2 Greenhouse Gas Emissions
4.2-1 Generate GHG 4.2-1 Prior to the approval of project City of Prior to the approval
emissions, either directly improvement plans, the applicant shall Petaluma of project
or indirectly, that may implement the following measure: Community improvement plans
have a significant impact Development
on the environment, or Consistent with BAAQMD's Department
conflict with an Transportation criterion b., a total
applicable plan, policy, or of three EV Capable parking
regulation adopted for spaces shall be installed
the purpose of reducing throughout the nine undesignated
the emissions of GHGs. on-street parking spaces within
the project site, consistent with the
current CALGreen Tier 2
standards.
Compliance with the foregoing measure
shall be ensured by the City of Petaluma
Community Development Department.
4.3 Hydrology and Water Quality
4.3-1 Violate any water quality 4.3-1(a) Prior to issuance of grading permits, the Director of Prior to issuance of
standards or waste applicant shall prepare a Storm Water Public Works grading permits
discharge requirements Pollution Prevention Plan (SWPPP). The and
or otherwise substantially developer shall file the Notice of Intent Utilities/City
degrade surface or (NOI) and associated fee to the State Engineer
ground water quality Water Resources Control Board
during construction. (SWRCB). The SWPPP shall serve as the SWRCB
framework for identification, assignment,
and implementation of Best Management
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Practices (BMPs). The SWPPP shall be
submitted to the Director of Public Works
and Utilities/City Engineer for review and
approval and shall remain on the project
site during all phases of construction.
Following implementation of the SWPPP,
the contractor shall subsequently
demonstrate the SWPPP's effectiveness
and provide for necessary and appropriate
revisions, modifications, and
improvements to reduce pollutants in
stormwater discharges to the maximum
extent practicable. The contractor shall
implement BMPs to reduce pollutants in
stormwater discharges to the maximum
extent practicable.
4.3-1(b) Prior to issuance of grading permits, the City of Prior to issuance of
project applicant shall ensure that a final Petaluma grading permits
grading plan is prepared by a State- Public Works
registered civil engineer in accordance and Utilities
with Petaluma Municipal Code (PMC) Department
Chapter 17.31. The final grading plan shall
include, but not be limited to, the following:
• A project vicinity map that shows
the location of the proposed
grading activities within the project
site and off-site areas associated
with Adobe Creek(Creek);
• The property line boundaries of
the project site and off-site areas
of disturbance associated with the
Creek;
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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• All existing improvements on and
adjacent to the project site;
• The existing and proposed
contours of the project site and off-
site areas proposed for
disturbance;
• The existing and proposed
drainage of the project site and
off-site areas;
• The extent and manner of tree
cutting and vegetation clearing,
the disposal of vegetation, and the
measures to be taken for the
protection of undisturbed trees
and vegetation in on-site and off-
site areas proposed for
disturbance, unless the foregoing
information is provided on the final
erosion and sediment control plan;
• Specifications of the proposed
construction methods and
materials to be used in on-site and
off-site areas;and
• Any other information required by
the Director of Public Works and
Utilities.
The final grading plan shall be submitted
for review and approval to the City of
Petaluma Public Works and Utilities
Department.
4.3-2 Violate any water quality 4.3-2 Prior to approval of final project City of Prior to approval of
standards or waste improvement plans, a final Stormwater Petaluma final project
discharge requirements Control Plan shall be submitted to the Public Works improvement plans
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or otherwise substantially Director of Public Works and Utilities/City and Utilities
degrade surface or Engineer for review and approval. The Department
ground water quality final Stormwater Control Plan shall be in
during operation. compliance with all applicable provisions
of the National Pollutant Discharge
Elimination System (NPDES) Phase II
MS4 General Permit (NPDES General
Permit No. CAS612008, Order No. R2-
2022-0018) and shall meet the standards
of the California Stormwater Quality
Association (CASQA) Stormwater BMP
Handbook for New Development and
Redevelopment. Site design measures,
source-control measures,
hydromodification management, and Low
Impact Development (LID) standards, as
necessary, shall be incorporated into the
design and shown on the improvement
plans. The final plans shall include
calculations demonstrating that the water
quality BMPs are appropriately sized,
using methodology in the CASQA
Stormwater BMP Handbook for New
Development and Redevelopment. The
final plans shall also incorporate the
proposed components for maintaining the
stormwater-treatment facilities. The final
plans shall be submitted to the City of
Petaluma Public Works and Utilities
Department for review and approval.
4.4 Transportation
4.4-1 Conflict with a program, 4.4-1 Prior to issuance of grading and building City of Prior to issuance of
plan, ordinance, or permits, a construction management plan Petaluma grading and building
policy, except LOS, shall be prepared by the applicant for Public Works permits
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addressing the review and approval by the City of and Utilities
circulation system during Petaluma Public Works and Utilities Department
construction activities. Department. The plan shall include, but
not necessarily be limited to, the following
items:
a. Comprehensive traffic control
measures, including scheduling of
major truck trips and deliveries to
avoid peak traffic hours, including
school peak times, detour signs if
required, lane closure procedures
if required, sidewalk closure
procedures if required, cones for
drivers, and designated
construction access routes.
b. Evaluation of the need to provide
flaggers or temporary traffic
control at key intersections along
the truck route(s).
c. Notification procedures for
adjacent property owners, Casa
Grande High School, and public
safety personnel regarding
schedules when major deliveries,
detours, and lane closures would
occur.
d. Location of construction staging
areas for materials, equipment,
and vehicles if there is insufficient
staging area within the work zone
of the proposed project.
e. Identification of truck routes for
movement of construction
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vehicles that would minimize
impacts on vehicular and
pedestrian traffic, circulation and
safety; provision for monitoring
surface streets used for truck
movement so that any damage
and debris attributable to the
proposed project's construction
trucks can be identified and
corrected by the proposed project
applicant.
f. A process for responding to and
tracking complaints pertaining to
construction activity, including
identification of an on-site
complaint manager.
g. Documentation of road pavement
conditions for all routes that would
be used by construction vehicles
both before and after proposed
project construction. Roads found
to have been damaged by
construction vehicles shall be
repaired to the level at which they
existed prior to construction of the
proposed project.
Initial Study Wr
V-b. Cause a substantial V-1 If during the course of ground-disturbing City of If during the course
adverse change in the activities, including, but not limited to, Petaluma of ground-disturbing
significance of a unique excavation, grading, and construction, a Community activities, including,
archaeological resource potentially significant prehistoric or historic Development but not limited to,
pursuant to Section resource is encountered, all work within a Department excavation, grading,
15064.5? 100-foot radius of the find shall be and construction, a
suspended for a time deemed sufficient for potentially
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a qualified and City-approved significant
archaeologist to adequately evaluate and prehistoric or
determine significance of the discovered historic resource is
resource and provide treatment encountered
recommendations.
Should a significant archeological
resource be identified, a qualified
archaeologist shall prepare a resource
mitigation plan and monitoring program to
be carried out during all construction
activities. Prehistoric archaeological site
indicators include: obsidian and chert
flakes and chipped stone tools; grinding
and mashing implements (e.g., slabs and
handstones, and mortars and pestles);
bedrock outcrops and boulders with
mortar cups;and locally darkened midden
soils. Midden soils may contain a
combination of any of the previously listed
items with the possible addition of bone
and shell remains, and fire-affected
stones. Historic period site indicators
generally include: fragments of glass,
ceramic, and metal objects; milled and
split lumber; and structure and feature
remains such as building foundations and
discrete trash deposits (e.g., wells, privy
its, dumps).
VII-d. Be located on expansive V11-1 Prior to the issuance of grading permits, City Engineer Prior to the
soil, as defined in Table the project civil engineer shall show on the issuance of grading
18-1 B of the Uniform final improvement plans that the project permits
Building Code (1994), design adheres to all engineering
creating substantial recommendations provided in the site-
it. Chapter 3 - Mitigation Monitoring and Reporting Program
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direct or indirect risks to specific Geotechnical Investigation
life or property? prepared for the project by PJC &
Associates, Inc. The recommendations
incorporated into the final improvement
plans shall include, but not be limited to,
those pertaining to the top 18 inches of soil
beneath exterior f/atwork consisting of
imported engineered fill; demolition and
stripping; excavation and compaction;
temporary slopes; and vertical loads and
lateral loads of post-tension slab-on-grade
foundations. Proof of compliance with all
recommendations set forth in the
Geotechnical Investigation shall be
subject to review and approval by the City
Engineer.
IX-b. Create a significant IX-1 Prior to issuance of a demolition permit by City Engineer Prior to issuance of
hazard to the public or the City for the on-site structure at 280 a demolition permit
the environment through Casa Grande Road, the project applicant
reasonably foreseeable shall provide a site assessment that
upset and accident determines whether the structure to be
conditions involving the demolished contains lead-based paint
likely release of (LBP)or asbestos. If the structure does not
hazardous materials into contain LBP or asbestos, further mitigation
the environment? shall not be required; however, if LBP is
found, all loose and peeling paint shall be
removed and disposed of by a licensed
and certified lead paint removal contractor,
in accordance with California Air
Resources Board recommendations and
Occupational Safety and Health
Administration (OSHA) requirements. If
asbestos is found, all construction
activities shall comply with all
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requirements and regulations
promulgated through the Bay Area Air
Quality Management District (BAAQMD)
Asbestos Demolition and Renovation
Program. The demolition contractor shall
be informed that all paint on the building
shall be considered as containing lead
and/or asbestos. The contractor shall
follow all work practice standards set forth
in the Asbestos National Emission
Standards for Hazardous Air Pollutants
(Asbestos NESHAP, 40 CFR, Part 61,
Subpart M) regulations, as well as Section
V, Chapter 3 of the OSHA Technical
Manual. Work practice standards
generally include appropriate precautions
to protect construction workers and the
surrounding community, and appropriate
disposal methods for construction waste
containing lead paint or asbestos in
accordance with federal, State, and local
regulations subject to approval by the City
Engineer.
IX-2 Prior to issuance of a demolition permit by City Engineer Prior to issuance of
the City for the on-site structure at 280 a demolition permit
Casa Grande Road, the project applicant
shall prepare an Off-Hauling and Disposal
Plan that incorporates industry standard
BMPs during proposed off-hauling
activities associated with waste from on-
site demolition activities. The following
Best Management Practices (BMPs) shall
be incorporated:
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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• During loading activities, the
project contractor shall place two
layers of heavy plastic sheeting
(minimum thickness of six mils)
beneath trucks to be used for off-
hauling activities to collect any
spilled soil;
• After each truck is loaded and
prior to removing the plastic
sheeting, visible dust or soil spilled
during loading shall be removed
from the top rails, fences, tires,
and all other surfaces by dry
brushing methods at the point of
loading;
• Collected soil on the plastic
sheeting shall be removed
periodically to avoid the spreading
of contaminated soil on truck tires;
• The soil shall be transported by a
licensed transporter;
• All off-hauling trucks shall be
loaded at the project site and
appropriately covered (tarped), in
accordance with U.S. Department
of Transportation regulations;
• Loaded trucks shall use the most
direct routes to the disposal site(s)
to provide the least risk of
exposure to surrounding
communities and avoid residential
areas to the maximum extent
feasible and;
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• Any additional BMPs determined
necessary by the City Engineer.
During loading activities, the project
contractor shall ensure that all applicable
work practice standards set forth in
Section V, Chapter 3 of the OSHA
Technical Manual are followed, including
appropriate precautions to protect
construction workers and the surrounding
community, in accordance with applicable
federal, State, and local regulations,
including those set forth by the Sonoma
County Environmental Health and Safety
Division (SCEHD) and the Department of
Toxic Substances Control (DISC). The
Off-Hauling and Disposal Plan shall be
subject to approval by the City Engineer.
IX-3 Prior to improvement plan approval, the Petaluma Prior to
project applicant shall ensure that the on- Planning improvement plan
site septic systems are abandoned in Division approval
compliance with applicable SCEHSD
standards. Upon removal, the septic tanks
shall be inspected for leaks. Should any
leaks be identified, the project applicant
shall conduct additional testing of soils at
the location of the on-site septic systems
for chemicals associated with the on-site
septic systems in accordance with
applicable USEPA Methods. Where
concentrations exceed applicable DTSC
screening levels, the soil shall be
excavated and that portion of material
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shall be transported and disposed of off-
site at an appropriate Class I or Class II
facility permitted by DISC, or other
options implemented as deemed
satisfactory to SCEHSD. The results of soil
sampling and analysis, as well as
verification of proper remediation and
disposal, shall be submitted to the City of
Petaluma Planning Division for review and
approval. Any remediation shall be
completed prior to acceptance of the site
improvements for that phase.
IX-4 Prior to improvement plan approval, the SCEHSD Prior to
project applicant shall hire a licensed well improvement plan
contractor to obtain a well abandonment approval
permit from the SCEHSD for all on-site
wells, and properly abandon the on-site
wells, pursuant to Department of Water
Resources Bulletin 74-81 (Water Well
Standards, Part Ill), for review and
approval by the SCEHSD.
XIII-a. Generation of a XIII-1 The following criteria shall be included in Community Prior to approval of
substantial temporary or the Improvement Plans. Exceptions to Development improvement plans
permanent increase in allow expanded construction activities Director
ambient noise levels in shall be reviewed on a case-by-case
the vicinity of the project basis, as determined by the Community
in excess of standards Development Director.
established in the local
general plan or noise Limit construction hours to
ordinance, or applicable between 8:00 AM and 5:30 PM,
standards of other Monday through Friday, and
agencies? between 9:00 AM and 5:00 PM on
Saturday. Construction activities
it Chapter 3 - Mitigation Monitoring and Reporting Program
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shall be prohibited on Sundays
and State, federal and local
holidays;
• High noise-producing activities,
such as excavation and grading
and construction finishing, shall
only occur between the hours of
8:00 AM and 5:00 PM to minimize
disruption at adjacent noise
sensitive uses;
• Equip all internal combustion
engine-driven equipment with
intake and exhaust mufflers that
are in good condition and
appropriate for the equipment;
• Locate stationary noise-
generating equipment (e.g.,
compressors) as far as possible
from adjacent residential
receivers;
• Acoustically shield stationary
equipment located near
residential receivers with
temporary noise barriers;
• Utilize "quiet"air compressors and
other stationary noise sources
where technology exists;
• The project contractor shall
implement appropriate additional
noise-reduction measures that
include shutting off idling
equipment after five minutes (as
feasible) and notifying adjacent
it- Chapter 3 - Mitigation Monitoring and Reporting Program
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residences (at least one time) in
advance of construction work;
• Construction workers; radios shall
be controlled to not exceed
ambient noise levels beyond the
limits of the project site
boundaries;
• Heavy equipment, such as paving
and grading equipment, shall be
stored on-site whenever possible
to minimize the need for extra
heavy truck trips on local streets;
• Two weeks prior to the
commencement of construction,
notification in writing shall be
provided to residents within 500
feet of the project site and if during
the school year, officials at the
Casa Grande High School
campus, disclosing the
construction schedule, including
the various types of activities that
would be occurring throughout the
duration of the construction
period;and
• The project contractor shall
designate a "disturbance
coordinator" responsible for
responding to any complaints
about construction noise. The
disturbance coordinator shall
determine the cause of the noise
complaint (e.g., bad muffler, etc.)
and shall require that reasonable
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measures be implemented to
correct the problem.
XVIII-a,b. Would the project cause XVIII-1 To protect buried tribal cultural resources See Mitigation See Mitigation
a substantial adverse that may be encountered during ground Measure V-1 Measure V-1
change in the disturbing activities, the project shall
significance of a tribal implement Mitigation Measure V-1.
cultural resource, defined
in Public Resources
Code Section 21074 as
either a site, feature,
place, cultural landscape
that is geographically
defined in terms of the
size and scope of the
landscape, sacred place,
or object with cultural
value to a California
Native American Tribe,
and that is:
Listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
Section 5020.1(k).
A resource determined
by the lead agency, in its
discretion and supported
by substantial evidence,
to be significant pursuant
Chapter 3 - Mitigation Monitoring and Reporting Program
Page 3-39
Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76
Final EIR
270 and 280 Casa Grande Road Creekwood Housing Development Project
December 2024
MITIGATION MONITORING AND REPORTING PROGRAM
270 and 280 Casa Grande Road Creekwood Housing Develo ment Project
Impact Monitoring Implementation
um r Impact Mitigation Measures Agency Schedule Sign-off
to criteria set forth in
subdivision (c)of Public
Resources Code Section
5024.1. In applying the
criteria set forth in
subdivision (c)of Public
Resources Code Section
5024.1, the lead agency
shall consider the
significance of the
resource to a California
Native American tribe.
Chapter 3 - Mitigation Monitoring and Reporting Program
Page 3-40