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HomeMy WebLinkAboutAgenda Item 11a Attachment 1 - Mitigated Negative DeclarationCity of Ukiah MITIGATED NEGATIVE DECLARATION/ INITIAL ENVIRONMENTAL STUDY PEP Housing Planned Development Rezone and Precise Development Plan and Zoning Ordinance Project Title and File Number: PEP Housing “Sun House” General Plan Amendment, Planned Development Rezone and Precise Development Plan File No: 749 GPA-RZ/PD-CC-PC Lead Agency Name and Address: City of Ukiah Department of Planning & Community Development 300 Seminary Avenue Ukiah, CA 95482 Project Location: 517 South Main Street, Ukiah, CA Project Sponsor’s Name and Address: Petaluma Ecumenical Properties 951 South Petaluma Boulevard Petaluma, CA. 94952 General Plan Designation: Commercial (C) Public(P) Zoning: Community Commercial (C1), Heavy Commercial (HC), Public Facility (PF) Flood Zone: N/A Contact Person: Kevin Thompson Phone Number / Email: (707) 463-6207 / kthompson@cityofukiah.com Date Prepared March 19, 2015 Public Review Period April 29th- May 19th ATTACHMENT 1 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 2 PROJECT DESCRIPTION PEP Housing proposes to develop a 42-unit housing complex available to low and moderate income senior citizens. There will be three apartment buildings, each two stories for a total of 30,025 square feet of residential living spa ce. Six of the units will be 2 bedroom and the remaining 36 units will be one bedroom. A one-story, 1,650 square foot private community center, for the benefit of the residents, is also proposed. Table 1 illustrates the Building Program. Building Total Building Area Height One bedroom units Two bedroom units 1 6,033 28’6” 10 2 8,580 28’6” 10 3 20,990 28’6”, 33’ for elevator location 18 6 Community Center 1,650 17’ Approximately 31 percent of the site will be covered with buildings, 16 percent with parking areas, and the remaining 47 percent will be landscaping, open space, and recreational areas. Specific site amenities include: a small park, internal paths, a garden area, and a small dog run. The project includes 31 parking spaces contained in two parking lots (13 and 18 spaces each). Access will occur from Cleveland Lane, via two 20 feet wide driveways that allow for two way traffic. No vehicular access from Main Street is proposed. The project will be located on a vacant 1.5 acre in-fill site, formerly an athletic / tennis club. The site is within walking distance (within .5 miles) of many daily needs including: grocery stores, pharmacies, restaurants, public transit and civic uses. The site is generally flat, partially paved with former tennis courts and contains some mature trees. A total of 15 trees of varying health are proposed for removal. An existing single-family home located on the frontage of Main Street is proposed for demolition. The project requires a General Plan and Zoning Ordinance map amendments (see table below) in addition to a Precise Development Plan, Parcel Merger, Design Review, Parking Exemption Request, Demolition Permit, and Airport Land Use Plan Consistency Determination. Current Proposed APN General Plan Designation Zoning GP Designation Zoning 002-281-024 Commercial Community Commercial High Density Residential/ Planned Development High Density Residential/ Planned Development 002-281-018 Commercial Community Commercial 002-281-028 Commercial Heavy Commercial 002-281-030 Public Public Facility 002-281-015 Public Public Facility Surrounding Land Uses and Setting: The Project site is directly south of the Sun House and Grace Hudson Museum, which is listed as a State Historical Landmark (No. 926) and on the National Historic Register (#81000161). According to the National Historic Register, the Sun House was built in 1911-1912. It is the most important architectural example of the redwood craftsman bungalow style in Mendocino County. In addition to the architectural style, the house is significant because it was built for, and lived in, by Grace and John Hudson. Grace was an artist, and John was a physician and scholar. Grace produced nationally acclaimed paintings of Pomo Indian culture and John documented Pomo language. Together, the couple curated an INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 3 extensive collection of archeological artifacts. The Grace Hudson Museum was constructed in 1986 and displays Grace Hudson paintings, native basketry, artifacts, and changing interdisciplinary exhibitions. The Grace Hudson Museum is the only museum in the City of Ukiah. The Project has been designed with proximity to t he Sun House and Grace Hudson Museum in mind. The Grace Hudson Museum is designing changes to their parking and landscaped areas. PEP Housing’s project design team has coordinated with the Grace Hudson Museum Board of Directors and their landscape architec t in an effort to ensure the Project complements this significant community resource. PEP Housing’s project design team will continue to coordinate with the Grace Hudson team moving forward. Project Location Map The environmental setting is comprised of the area bounded by Main State Street to the west, North Coast Rail Road tracks to the east, the Grace Hudson Museum to the north, and Cleveland Avenue to the south. The Project is located within a developed urban area and surrounded by commercial, public, single and multi-family uses. Site Location INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 4  North: The parcel to the north is zoned Public Facilities (PF) and contains the Grace Hudson Museum.  East: Directly to the east are an existing single-family home and the North Coast Rail Road Tracks. Parcels east of the railroad tracks include a mix of High Density Residential (R3) and Commercial (C2). Specifically, a mobile home park and commercial uses.  South: Parcels to the south are zoned Planned Development Residential (PD) containing and established single- family neighborhood.  West: Parcels to the west are zoned Community Commercial (C1) and include a variety of commercial uses including a small office complex. Looking West, back of existing office Looking East along Cleveland Ave. Looking Northwest from Cleveland Looking North from Cleveland former tennis courts INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 5 Other Public Agencies With Approval Authority (e.g., permits, financing approval, or participation agreement):  City of Ukiah Building Department  City of Ukiah Public Works Department  City of Ukiah Electrical Department Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology / Soils Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic Utilities / Service Systems Global Climate Change/GHG Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 6 Planner’s Signature: Date: March 2015 Planner’s Printed Name: Kevin Thompson Principal Planner, City of Ukiah Department of Planning & Community Development SUMMARY OF FINDINGS: The proposed Project is comprised of five (5) parcels that will be merged. Once merged, the site will be developed into an affordable senior housing project restricted to low and moderate income residents. One parcel located at 517 South Main Street contains a single-family home proposed for demolition. Site amenities include: a 1,650 sq.ft private community center, and landscaped areas, open space, and recreational areas. The project includes 31 parking spaces contained in two parking lots: one 18 spaces the other 13 spaces both accessed from Cleveland Avenue. Drainage improvements include the incorporation of low impact development standards that result in a decrease in stormwater runoff exiting the site. The Project includes the removal of a mix of fifteen (15) native and non-native trees of which some were identified as unhealthy in the arborist report dated January 2015. Based on the review of the proposed Project, resources maintained by the Department of Planning and Community Development, discussions with City and outside agency Staff, and visits to the Project site and surrounding area, potential impacts have been identified and effective mitigation measures recommended for Aesthetics, Air Quality, Biological Resources, Cultural Resources, Hydrology & Water Quality, and Noise. Accordingly, it has been determined that a Mitigated Negative Declaration is appropriate for the project. RECOMMENDED MITIGATION MEASURES: Impact Mitigation Measure Aesthetics Lighting for the Project could result in a new source of light and glare. All outdoor light fixtures shall be located, aimed, and shielded so as to minimize light spilling over property lines and avoid directing light towards motorists and pedestrians. Fixtures shall be full cutoff and nighttime friendly and shall be International Dark Sky Association (IDA) approved or equivalent. Prior to installation of the exterior lighting, the applicant shall prepare a photometric plan for review and approval by the Planning Department that demonstrates that the lighting will not spillover onto adjacent properties and that all lighting is shielded. Air Quality Construction of the Project would result in a temporary increase in increase PM-10 levels. 1. All activities involving site preparation, excavation, filling, grading, road construction, and building construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 2. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 7 3. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 4. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 5. The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of site preparation shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the Mendocino County Air Quality Management District. Biological Resources Construction and operation of the project may impact nesting birds due to tree removal 1. The following mitigation measure shall be implemented in order to protect any nesting birds: A. If site preparation and tree removal/trimming include the spring bird nesting season (February through July), a preconstruction survey shall be conducted by a qualified professional within two weeks prior to removing/trimming any trees. If active nests (with eggs or living young) are found, no activity shall be permitted that might disturb or remove the active nests until the young birds are able to leave the nest and forage on their own. Empty nests may be removed. If eggs or young are present, the nests shall be left until the young birds leave. Setback buffers for the nests will vary depending on the species affected and the location of the nest. Buffer zones shall be determined on a case by case basis in consultation with a California Department of Fish and Wildlife biologist. 2. The following mitigation measure shall be implemented in order to preserve protected trees: A. Location of tree protection fencing and protective buffer for native trees being persevered on site shall be consistent with the best practices outlined by the John M. Phillips Certified Arborist. B. Notes on the plans that state that state “Construction materials, vehicles and equipment, and the cleaning of INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 8 equipment or materials is prohibited within the area of the protective fencing and under the driplines of the trees to be protected and preserved. C. A detail of the protective fencing and protective buffer recommended in the arborist report. The fencing shall be 5 to 6 feet in height, metal and secured with in-ground posts. D. Tree/riparian vegetation protection notes:  Care shall be taken when digging under ground near the base of the trees to be protected and preserved.  All digging within 6-feet of the base of the trees shall be done by hand.  Any holes dug for construction (such as foundations, fence posts, utilities) shall avoid roots 4 inches or greater by relocating these holes to an area where roots do not exceed 4 inches.  Care shall be taken when removing the garage in order to prevent mechanical damage to and soil compaction under protected trees. Cultural Resources Construction of and grading for the Project could result in the discovery of unknown historic, prehistoric, or cultural resources or the discovery of unknown human remains 1. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and the City shall be notified of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and to develop a precise mitigation program if deemed necessary. 2. If human remains are encountered during construction excavation and grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American Descent, the coroner has 24 hours to INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 9 notify the Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely descendent, who will help determine what course of action should be taken in dealing with the remains. Hydrology & Water Quality Construction of the Project has the potential to modify drainage patterns in a manner that could result in erosion and/or siltation local creeks. 1. Prior to construction of site improvements, a final grading and drainage plan and an erosion and sediment control plan, prepared by a Civil Engineer shall be submitted for review and approval by the Department of Public Works. 2. Plans submitted for building permit shall demonstrate that roof drains are designed to maximize infiltration into landscaped areas and not discharge directly into storm drains or into the street Noise Construction of the Project would result in a short- term and temporary increase in noise levels in the area that may affect sensitive receptors in the vicinity of the Project and on the Project site. 1. Construction hours are limited to Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 4 p.m. Construction hours are prohibited on Sunday and all holidays recognized by the City of Ukiah. Interior work that generates negligible or no noise at the property line is allowed outside of the construction hours noted above. 2. Approval of additional construction hours may be requested in writing from the Planning and Community Development Director and Public Works Director for extenuating circumstances. The written request must be submitted a minimum of 14 days prior to the date for which the change in construction hours/days is being requested and shall explain the need for the extended construction hours, describe the extenuating circumstances, and identify the additional construction hours requested, including the duration. 3. Signs shall be posted at the Project site prior to commencement of construction of the proposed Project for the purpose of informing all contractors/subcontractors, their employees, agents, material haulers, and all other persons at the construction site(s) of the basic requirements of mitigation measures for Noise. 4. Signs shall be posted at the construction site that include the permitted construction days and hours, and day and evening contact name INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Affordable Housing Project Initial Study of Environmental Impacts March 2015 10 and phone number for the onsite complaint and enforcement manager (see #4 below) to allow people to contact the complaint and enforcement in the event of noise concerns related to the Project. 5. An onsite complaint and enforcement manager shall be designated for the Project and shall respond to and track complaints and questions related to noise. The name and contact information for the designated onsite complaint and enforcement manager shall be included on the title sheet of the plans submitted for building permit. 6. Equipment and trucks used for proposed Project construction shall use the best available noise control techniques (e.g. improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically- attenuated shields or shrouds, wherever feasible). 7. Impact tools (e.g. jack hammers, pavement breakers, and rock drills) if used for Project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. 8. No outside amplified sources (e.g. stereo “boom boxes”) shall be used on site during Project construction. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 11 PURPOSE OF THIS INITIAL STUDY This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of Mitigated Negative Declaration. 1. AESTHETICS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Significance Criteria: Aesthetic impacts would be significant if the project resulted in the obstruction of any scenic view or vista from the public right-of-way, damage to significant scenic resources within a designated State scenic highway, creation of an aesthetically offensive site from the public right-of-way, substantial degradation to the existing visual character or quality of the site and its surroundings, or new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the project. Discussion: a) The Project site is considered in-fill and is located within an existing residential and commercial neighborhood. Commercial uses are located to the west and north of the site, the Grace Hudson Museum is located to the north of the site, and residential uses are located to the south site. There are no scenic vistas within or adjacent to the parcels included within the Project site; therefore, the Project would have no impact on a scenic vista. b) The Project site is not located within a state scenic highway; therefore, there is no impact. c) As required by City Code the Project was reviewed by the Design Review Board (DRB) on both: January 8, 2015 and March 3rd 2015. DRB provided the applicant design comments that were into the Project. Furthermore, some of the DRB recommendations will be included as conditions of approval. Therefore the project would not degrade the existing visual character or quality of site and its surroundings a nd the project would infill a vacant lot and the proposed density would be consistent with existing development in the area. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 12 d) The project would create a new source of substantial light or glare which would not adversely impact the effect day or nighttime views in the area because the lights proposed for the exterior of the building would be downcast. In order to ensure that there would be a less than significant impact related to light and glare, the standard mitigation measure related to light and glare has been added to the Project. Mitigation Measures: 1. All outdoor light fixtures shall be downcast and located, aimed, and shielded so as to minimize light trespassing over property lines and avoid directing light towards motorists and pedestrians. Fixtures shall be full cutoff and nighttime friendly and shall be International Dark Sky Association (IDA) approved or equivalent. All exterior lighting shall be shown on building permit plans and is subject to Planning staff review and approval. 2. The Planned Development (PD) zoning regulations for Sun House Senior Housing shall include requirements for exterior lighting that requires lighting to be downcast and located, aimed, and shielded so as to minimize light trespassing over property lines and avoid directing light towards motorists and pedestrians. The PD regulations shall prohibit up-lighting. *Impact Significance After Mitigation: Less than Significant 2. AGRICULTURAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) 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? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Significance Criteria: Significant impacts would occur to agricultural resources if the proposed project would hamper existing agricultural operations or convert agricultural land to urban uses. Discussion: a. The Project site is designated Urban and Built Up Land on the Mendocino County Important Farmland Map 2010 (sheet 2 of 2) maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency (ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2010/men10_so.pdf). b. None of the parcels are currently under a Williamson Act contract. There are no parcels within the City of Ukiah zoned Agriculture. c. The parcels included in the Project are located in an urbanized area, and development of the Project would infill an existing residential neighborhood. There are no agricultural uses or parcels zoned Agricultural within the City limits. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 13 Based on the above discussion, the Project would have no impact on agricultural resources. Mitigation Measures: None Required 3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Significance Criteria: Air Quality Impacts would be significant if the project results in any of the following:  Conflicts with or obstructs implementation of any applicable Air Quality Plan;  Violates any air quality standard or contributes substantially to an existing or project air quality violation, including a cumulatively considerable net increase of any criteria for which the region is in nonattainment as defined by Federal or State regulations. For the Mendocino County Air Quality Management District, the applicable daily thresholds for criteria pollutants would be significant if they exceed any of the following:  Reactive organic gases (ROG) 220 lbs.  Nitrogen oxides (Nox) 220 lbs.  Sulfer oxides (Sox) 220 lbs.  Particulates (PM10) 80 lbs.  If carbon monoxide (CO) exceeds 550 lbs./day, dispersion modeling is recommended to determine the significance of the impact upon Federal or State standards.  Exposes sensitive receptors to substantial pollutant concentrations; or  Creates objectionable odors affecting a substantial number of people. Discussion: The City of Ukiah is situated in the flat and narrow Ukiah Valley and the presence of the mountains on both the west and east sides of the valley tends to restrict the horizontal east-west movement of pollutants. While the INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 14 potential for air pollution is high in the Ukiah Valley, measurements provided by the Mendocino County Air Quality Management District (MCAQMD) indicate that actual pollutant levels are relatively low due to the lack of upwind sources and the relatively low level of development in the local air basin. The staff of the Mendocino County Air Quality Management District (MCAQMD) operates a monitoring site in Ukiah for particulate matter (PM-10) and a multi- pollutant monitoring site in Ukiah for gaseous pollutants, which measures ozone, carbon monoxide, nitrogen dioxide and sulfur dioxide. A brief discussion of the potential impacts of these materials follows. Mitigation Measures: 1. All activities involving site preparation, excavation, filling, grading, road construction, and building construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 2. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 3. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 4. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 5. The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of site preparation shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the Mendocino County Air Quality Management District. Impact Significance After Mitigation: Less than Significant 4. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 15 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted:  Substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service or any species protected under provisions of the Migratory Bird treaty Act;  Substantial effect upon sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above;  Substantial effect (e.g., fill, removal, hydrologic interruption) upon Federally protected wetlands under Section 404 of the Clean Water Act;  Substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;  Conflict with any local policies/ordinances that protect biological resources (e.g., tree preservation policy or ordinance). Discussion: a. The in-fill project site is surrounded by existing residential development and commercial uses. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service and therefore the Project would have no impact on candidate, sensitive, or special status species. b. There are no riparian areas or riparian habitat on the in-fill subject parcels or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. Therefore, the Project would have no impact on these resources. c. The infill site is partially paved and contains no wetlands, marshes, vernal pools, or other water courses on the parcels included in the Project. Therefore, the Project would have no impact on these resources. d. No migratory path for wildlife species, no connection with any wildlife habitat, no water courses are located on the parcels included in this Project. e. The City does not have a tree preservation ordinance that applies to this Project however the following trees will be removed with the project: INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 16 Common Name DBH (Inches) Arborist Comments Native 1 Cottonwood 12 Remove for path Yes 2 Cottonwood 12 Remove for path Yes 3 Cottonwood 12 Remove for path leaning Yes 4 Cottonwood 12 Remove for path leaning Yes 5 Cottonwood 12 Remove for path leaning Yes 6 Cottonwood 12 Dead Yes 7 Cottonwood 12 Dead Yes 8 Walnut 18 Dead Yes 9 Valley Oak 10 Dying Remove Yes 10 Fruit Apple 18 Remove for building No 11 Sycamore 30 Remove for building No 12 Sycamore 24 Remove for building No 13 Walnut 12 Remove for parking Yes 14 Coastal Live Oak 10 Remove for parking Yes 15 Elm 15 Remove for parking No f. The parcels included in the project are not subject to an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan . Mitigation Measures: 3. The following mitigation measure shall be implemented in order to protect any nesting birds: A. If site preparation and tree removal/trimming include the spring bird nesting season (February through July), a preconstruction survey shall be conducted by a qualified professional within two weeks prior to removing/trimming any trees. If active nests (with eggs or living young) are found, no activity shall be permitted that might disturb or remove the active nests until the young birds are able to leave the nest and forage on their own. Empty nests may be removed. If eggs or young are present, the nests shall be left until the young birds leave. Setback buffers for the nests will vary depending on the species affected and the location of the nest. Buffer zones shall be determined on a case by case basis in consultation with a California Department of Fish and Wildlife biologist. 4. The following mitigation measure shall be implemented in order to preserve protected trees: A. Location of tree protection fencing and protective buffer for native trees being persevered on site shall be consistent with the best practices outlined by the John M. Phillips Certified Arborist. B. Notes on the plans that state that state “Construction materials, vehicles and equipment, and the cleaning of equipment or materials is prohibited within the area of the protective fencing and under the driplines of the trees to be protected and preserved. C. A detail of the protective fencing and protective buffer recommended in the arborist report. The fencing shall be 5 to 6 feet in height, metal and secured with in-ground posts. D. Tree/riparian vegetation protection notes:  Care shall be taken when digging under ground near the base of the trees to be protected and preserved.  All digging within 6-feet of the base of the trees shall be done by hand.  Any holes dug for construction (such as foundations, fence posts, utilities) shall avoid roots 4 inches INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 17 or greater by relocating these holes to an area where roots do not exceed 4 inches.  Care shall be taken when removing the garage in order to prevent mechanical damage to and soil compaction under protected trees. Impact Significance After Mitigation: Less than Significant 5. CULTURAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Significance Criteria: A significant impact to historic and cultural resources would occur if implementation of the project would:  Cause a substantial change in the significance of a historical or cultural resource;  Result in the removal or substantial exterior alteration of a building or structure or district that may be eligible for listing in the National Register or California Register;  Result in the removal or substantial exterior alteration of a building or structure so that it results in the loss of a designated county landmark in the City of Ukiah;  Result in the destruction of a unique paleontological resource, site or unique geological feature, or disturbs any human remains. Discussion: a) The Project’s 5 vacant parcels are located directly next to the Grace Hudson Museum. The design of the project takes design inspiration from homes in the Grace Hudson Museum, including rooflines and pitch, materials and colors. The design and size of the project is compatible with existing development within the neighborhood. As required by the Ukiah City Code, the Project was reviewed by the Design Review Board (DRB). The DRB recommended approval of the Project and made recommendations (but did not include the recommendations as conditions of approval) the design features of the project. The Project includes the demolition of an existing home. This house demolition is subject to the City’s demolition ordinance for structures over 50 years old. However the house, a 1950’s ranch style home is not considered historically significant. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 18 b) The parcels included in the Project are not located in in an area of “High” archeological sensitivity as identified in Figure V.3-DD: Areas of High Archeological Sensitivity in the City of Ukiah General Plan. Although the discovery of archeological resources is unlikely, a standard mitigation measure has been applied to the Project in order to ensure that any potential resources are not significantly impacted. Implementation of the standard mitigation measure would reduce any potential impacts to less than significant. c) The project site does not contain any unique paleontological resources or unique geological features. Therefore, there would be no impact on these resources as a result of construction or operation of the Project. d) The parcels included in the Project are not known to include any human remains. Although it is highly unlikely that human remains, including Native American remains, would be discovered on the parcels included in the Project, due to the sensitive nature of this type of discovery, the standard mitigation measure has been applied to the Project. Implementation of this mitigation measure would reduce any potential impact to less than significant. Mitigation Measures: 1. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and the City shall be notified of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and to develop a precise mitigation program if deemed necessary. 2. If human remains are encountered during construction excavation and grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition pursuant to PRC Section 5097.98. If the remains are to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely Descendent, who will help determine what course of action should be taken in dealing with the remains. Impact Significance After Mitigation: Less than Significant 517 Main Street, House proposed for demolition INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 19 6. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: x 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 or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. x ii) Strong seismic ground shaking? x iii) Seismic-related ground failure, including liquefaction? x iv) Landslides? x b) Result in substantial soil erosion or the loss of topsoil? x c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? x d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? x x e) 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? x Significance Criteria: A significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to property and/or human life, or hazards such as earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation instability, erosion, soil instability, or other problems of a geologic nature that cannot be mitigated through the use of standard engineering design and seismic safety design techniques. A significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to property/or human life, or hazards such as earthquake damage. The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City and according to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would have an approximate magnitude of 7.4 on t he Richter scale. However, the subject property is not situated directly on or near an Alquist-Priolo fault zone and the relatively flat site has no known slope and/or foundation instability, soil instability, or other geologic hazards that would become un stable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 20 Discussion: a) Fault Rupture: No known active fault zones across the Project parcels based on official fault maps. The Macaama fault zone is located to the east of the project site and therefore fault rupture hazard is considered low since research has shown that the Maacama Fault is confined to a limited zone with little or no splaying. Impacts related to fault rupture are less than significant. Seismic: The Project is required to comply with the seismic design standards included in the California Building Code. Compliance with these requirements would reduce impacts resulting from strong seismic ground shaking to less than significant. Liquefaction: According to the Soil Survey of Mendocino County, Eastern Part, and Trinity County Southwestern Part published by the U.S. Soil Conservation Service, the subject property is underlain by an “urban mix” that includes native soils mixed with non-native fill materials that are only partially covered by patches of asphalt and hard-packed gravel. The project site is not in an area with any known deposits of soils that are unstable, or that would become unstable as a result of the project, or potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Landslide: The Project parcels and surrounding area are relatively flat and no new slopes would be created as a result of the Project; therefore, there are no impacts related to landslides related to seismic activity. b) It is possible that soil erosion and/or loss of topsoil could increase on the site if soils are left exposed to winds or storm waters for any substantial period of time during construction. Such impacts would generally be short-term in nature, but could cause significant erosion if normal grading and site preparation techniques are not utilized during the development phase of the project. The Project site is relatively flat, therefore it is not anticipated that development of the parcels would require extensive grading, cutting or filling, or other site preparation activities that would cause substantial soil erosion or the loss of topsoil. The Project is required to comply with Division 9, Chapter 7, Sediment and Erosion Control of the Ukiah City Code which includes requirements intended to reduce erosion and sedimentation. Implementation of these requirements through the building permit process would reduce impacts to less than significant. A sedimentation prevention and erosion control plan for the Project is required to be prepared by a registered civil engineer and is subject to review and approval by the Public Works Department. Implementation of the approved sedimentation prevention and erosion control plan would result in less than significant impacts to erosion and the loss of topsoil. c) The area in which the Project is located is not known for unstable soils or geologic units that would be subject to on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. A Geotechical Report completed by LACO in October 2014 concluded the site suitable for the proposed development. The Project site and surrounding area is relatively flat, making landslide unlikely. Based on the above, the Project would have a less than significant impact related to on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. d) There are no known deposits of expansive soils, as defined in Table 18-1-B of the Uniform Building Code. The Project site is relatively flat, so it is not anticipated that extensive grading, cutting or filling, or other site preparation activities would be required for the Project. Based on the above, impacts would be less than significant. e) The Project does not include any septic tanks or alternative wastewater disposal systems; therefore, there is no impact. No Mitigation Required: Less than Significant INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP Sun House Affordable Senior Housing Project Initial Study of Environmental Impacts March 2015 21 7. HAZARDS & HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site 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? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 22 Significance Criteria: A significant impact to the environment and the public associated with hazards and hazardous materials would result from a project if any of the following occurred:  Creation of a significant hazard to the public or environment by routine transport, use or disposal of hazardous materials or from foreseeable upset and accident conditions;  Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school;  Location of a project on a listed hazardous materials site compiled pursuant to Government Code Section 65962.5;  Be located within an adopted Airport Land Use Plan and expose people to a safety hazard;  Be located within the vicinity of a private airstrip and expose people to a safety hazard;  Impairment/interference with adopted emergency response plan or emergency evacuation plan; or  Be located in or near a wildland area and expose people to risk due to wildland fire. Discussion: a) The Project is required to comply with the requirements of the Ukiah City Code (UCC). Division 9, Chapter 7, Erosion and Sediment Control regulates grading on public and private property in order to control erosion and sedimentation, protect water quality, and safeguard health, safety and the public welfare. The requirements of this chapter require Projects subject to a grading permit to include specific design standards as part of the plans including requirements for: general site and good housekeeping; erosion control; sediment control; waterway and watercourse protection; and construction site access (section 9703). This Chapter also requires the holder of the grading permit to establish and implement construction site management practices that prevent toxic materials and other debris from entering the storm drain and waterway systems (section 9704). Compliance with the City’s requirements would result in a less than significant impact to waste water discharge. Building permits from the City of Ukiah are required. The permits require compliance with specific standards designed to comply with water quality standards and to avoid illicit discharge. Compliance with these requirements would result in no impact from the Project. b) The Project is a residential, small lot infill development. The Project site is 1.5 acre (65,923 sq.ft.)and would be developed with forty two (42) affordable senior multi-family homes and site amenities. The Project includes the use of impervious hardscapes surfaces in parking lot and the use of rain gardens designed to capture storm water runoff, and allowing groundwater infiltration. Additionally, the Project includes landscaped area throughout the site providing the opportunity for infiltration. The proposal includes mature trees that are proposed to be protected and preserved as part of the Project. This area also provides an area for groundwater recharge. Based on the above, construction and operation of the Project would have a less than significant impact on groundwater recharge and groundwater supply. c-d) The Preliminary Drainage Study completed for the project by LACO in October of 2014 concluded that with the use of Low Impact Development (LID) practices, the post construction run over for both the 10 -year and 100-year is reduced by 38% resulting in less storm water runoff. e-f) The Project was reviewed by Public Works and the existing stormwater system has adequate capacity to serve the Project. The Project is required to comply with the requirements of the Ukiah City Code (UCC). Division 9, Chapter 7, Erosion and Sediment Control regulates grading on public and private property in order to control erosion and sedimentation, protect water quality, and safeguard health, safety and the public welfare. g-h) The project is not located within a 100 year flood hazard area or within a 100 year flood zone as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. The Project is located INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 23 within Zone X (areas determined to be outside of the 0.2% annual chance floodplain) on FEMA Flood Insurance Rate Map #06045C1512F, Panel #1512 of 2100, dated June 2, 2011. i) The Project is not located within a flood zone. Portions of the Ukiah Valley would be subject to inundation due to the failure of Coyote Dam at Lake Mendocino. In the highly unlikely event of a dam failure, inundation is predicted to occur within most creek channels from the river nearly to the base of the foothills on the west side of the valley. The main channel of flooding is expected to follow State Street or US 101. Therefore, the impact would be less than significant. j) The Project is located inland; therefore, there would no impact related to be inundation by seiche, tsunami, or mudflow. Mitigation Measures: 1 Prior to construction of site improvements, a final grading and drainage plan and an erosion and sediment control plan, prepared by a Civil Engineer shall be submitted for review and approval by the Department of Public Works. 2 Plans submitted for building permit shall demonstrate that roof drains are designed to maximize infiltration into landscaped areas and not discharge directly into storm drains or into the street. 3 Impact Significance After Mitigation: Less than Significant 9. LAND USE AND PLANNING Would the project: Potentially Significant Impact pact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Significance Criteria: Significant land use impacts would occur if the project substantially conflicted with established uses, disrupted or divided an established community, or resulted in a substantial alteration to present or planned land uses. Proposed project consistency with the Ukiah General Plan and zoning and any other applicable environmental plans and policies is also evaluated in making a determination about potential land use impacts. Discussion: a) The Project would infill and existing parcel by constructing a 42-unit senior affordable multi-family project. The project site is developed on all four sides within an existing neighborhood therefore will not divide an established community. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 24 b) There is no specific plan that applies to the Project; and the Project is not located in the coastal zone. Zoning: The Project includes the rezoning of the parcels from Community Commercial, Heavy Commercial and Public Facilities to Planned Development (PD) / High Density Residential (R3) Combining. The intention of the PD zoning designation is “to allow flexibility in design and development in order to promote economical and efficient use of land; … preserve the natural environment… It generally provides a method for deviating from standardized zoning requirements to foster well-planned, creative, and quality development.” The Project would deviate from the R3 zoning standards by establishing reduced setbacks, and parking. The Project was reviewed by the Design Review Board (DRB). The DRB found the Project compatible with the site and the neighborhood and recommended approval of the Project. Based on the above, the Project is consistent with the intent of the PD combining district and would have a less than significant impact related to compliance with the zoning ordinance. General Plan: The General Plan land use designations are Commercial and Public. The proposed General Plan designation is Residential High Density. This land use designation allows a maximum of 28 units per acre and is intended for apartments and townhome projects to meet the diverse needs of the senior population by providing mixed and affordable housing types. The project will be restricted to low and moderate income senior residents. The Project is consistent with the density and uses intended for the High Density Residential (HDR) general plan land use designation. General Plan Goal/Policy Staff Analysis General Plan Vision GP-5: Encourage housing in a price range to match the income of the residents. The Project would provide forty-two (42) new housing units within the City of Ukiah. The project will be restricted to low and moderate income seniors for a 55 year term. GP-6: Encourage housing for local workers and jobs for local residents. The Project would provide 42 new housing units within the City of Ukiah available to low and moderate income seniors. GP-25: Ensure aesthetic qualities in the design and construction of the community. See discussion for Goal H-4 below. Goal OC-23: Native plant landscaping shall be encouraged. Implementation Measure OC-23.1(c): Landscaping standards for new development and redevelopment projects shall be applicable to all but individual single-family residential development. Compliance with landscaping standards shall be required as a condition of discretionary approvals or a condition of issuing a building permit. This implementation measure does apply to single family residences located within planned developments or subdivisions for which landscaping standards where incorporated as conditions of project approval. The landscaping includes some native planting. As part of the review of the Project, the Planning Commission may recommend the planting of additional native plants, and the City Council may include this as a condition of Project approval. The Planned Development zoning regulations for the Sun House project will include language that encourages native planting and prohibits the planting of known invasive species. Based on the above, the Project is consistent with this goal. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 25 General Plan Goal/Policy Staff Analysis Goal OC-25: Maintain and enhance the City’s canopy of shade trees. Policy OC-25.1: Protect existing healthy mature trees to maintain shade and area attractiveness. An arborist report was prepared for the Project that evaluated native trees on the Project site over 4-inch diameter at breast height (DBH) John Phillips Certified Arborist (Jan 2015) All of the trees on site were evaluated for health. A total of 15 native and non-native trees are proposed for removal. Of the 15 trees for removal, four (4) are non- native, and four (4) are considered dead or dying. Implementation of the mitigation measures for the protection and preservation of the healthy, native trees on the site that are persevered and the planting of street trees would reduce potential impacts to less than significant by protecting and preserving the healthy native trees on the site which is consistent with this goal and policy. Goal OC-29: Maintain and enhance the “urban forests” which create a sense of urban space. Policy OC-29.1: The development review process shall incorporate measures to maintain and enhance the urban tree canopy. Implementation Measure OC-29.1(b): Review construction and landscaping site plans to ensure that healthy trees are not removed unnecessarily. The Project includes the planting of a variety of eight (8) street trees selected from the City’s Required Street Trees List. The street trees will increase and enhance the urban forest. See Goal OC-25 discussion above. Housing Goal H-2: We want to provide housing for all economic segments of the community. The Project would provide forty-two (42) new affordable multi-family housing units within the City of Ukiah. The project will be restricted to low and moderate income seniors for a 55 year term. Goal H-4: We want to promote well planned and designed housing opportunities for all persons regardless of race, gender, age, sexual orientation, marital status or national origin. The Project will be compatible with the neighborhood and include design elements from the historic Grace Hudson Museum. The Project was reviewed by the Design Review Board (DRB). The DRB noted that the project was appropriate and compatible with the neighborhood. The DRB recommended approval of the Project and made suggestions for design elements. Goal H-5: We want to use land effectively to meet housing needs and to implement smart growth, green building, and sustainable development polices with a focus on infill. The Project is required to comply with the California Green Building Code. The Project incorporates low impact development measures. The Project includes preservation of mature trees, and impervious surfaces, rain gardens and community amenities. The Project is located within .25 mile of many daily needs, including: medical facilities, grocery and other retail outlets. General Plan Goal/Policy Staff Analysis Policy H-5.1: Assure that new housing is well-designed to enhance Ukiah’s neighborhoods and community as a whole. See discussion for Goal H-4 above. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 26 Policy H-5.6: Support careful well- designed infill housing development in areas currently served by City services. The Project site is served by City services. The Project has been reviewed by Public Works, the Fire Marshal, Police Department, and Electric Utility Department and there are adequate services and capacity to serve the proposed Project. See also discussion for Goal H-4 above. Policy H-5.7: Encourage and support sustainable site planning and development. The Project is required to comply with the California Green Building Code including the use photovoltaic panels. The Project incorporates low impact development measures, the perseveration of mature trees, and planting of eight (8) street trees selected from the City’s Required Street Trees List Energy Goal EG-6: Promote energy efficiency features in the design of all new structures. The Project is required to comply with the California Green Building Code, including Title 24 which is intended to promote energy efficiency. Photovoltaic will be installed as part of development of the Project. Energy created from the system will be used to power the common areas of the project, including: elevator use, exterior and interior lighting. Further, the project proposes the installation of a 22kW of photovoltaic system to offset energy use of the common areas of the project. Historical and Archeological Goal HA-4: Conserve the character and architecture of neighborhoods. Policy HA-4.1: Consider the visual character of surrounding developments when reviewing discretionary project approvals. See discussion for Goal H-4 above. c) No habitat conservation plan or natural community conservation plan has been adopted for the parcels included in the Project. Therefore, the Project would have no impact on a habitat conservation plan or natural community conservation plan. No Mitigation Required: Less than Significant 1. Mineral Resources Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 27 Significance Criteria: Impacts to Mineral and Natural resources would be substantial if the proposed project resulted in the loss of significant or locally important materials such as minerals, gravel, or sand. Discussion: a) The parcels included in the Project are located in an urbanized area and surrounded by existing urban development, including single-family and multi-family residential uses, and commercial uses. There are no known natural or mineral resources on the site. b) The parcels included in the Project are not delineated as an important natural or mineral resource recovery site on the City’s General Plan Map or on any specific plan or other land use plan. Based on the above, the Project would have no impact on natural or mineral resources. Mitigation Measures: None Required 11. NOISE Would the project result in: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Significance Criteria: A project will typically have a significant noise impact if it meets any of the following criteria:  Exposes people to or generate noise levels in excess of standards established in the local General Plan or Noise Ordinance.  Causes a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 28 the project.  Expose people to excessive ground borne vibration or noise levels.  Causes a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project.  If located within an airport land use plan or within 2 miles of a public airport, expose people to excessive noise levels.  If located within the vicinity of a private strip, expose people to excessive noise levels. Noise Ordinance: The Project site is surrounded by a mix of uses, including residential, public, commercial and office. The proposed zoning for the site is R3. The Ukiah City Code includes the following noise regulations that apply to the Project: Section 6048: Ambient Noise Level: Where the ambient noise level is less than designated in this Section the respective noise level in this Section shall govern. Sound Level A, decibels Zone Time Ambient Noise Level R1 and R2 10 p.m. to 7 a.m. 40 decibels R1 and R2 7 p.m. to 10 p.m. 45 decibels R1 and R2 7 a.m. to 7 p.m. 50 decibels R3 10 p.m. to 7 a.m. 45 decibels R3 7 a.m. to 10 p.m. 50 decibels Commercial (CN, C1, C2) 10 p.m. to 7 a.m. 60 decibels Commercial (CN, C1, C2) 7 a.m. to 10 p.m. 65 decibels Industrial Anytime 70 decibels Section 6053: Machinery, Equipment, Fans and Air Conditioning: It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient base noise level by more than five (5) decibels between seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. Section 6054: Construction of Buildings and Projects: It shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500') therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device (between the hours of 7:00 P.M. of one day and 7:00 A.M. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefore has been duly obtained from the Director of Public works. No permit shall be required to perform emergency work as defined in §6046 of this Article. North Coast Railroad Authority (NCRA): The proposed Project is located approximately ¼ mile from the North Coast Railroad Authority (NCRA) tracks that run in a north-south direction through Ukiah. No trains are running on these tracks at this time. It is not known when or if train traffic may be reestablished on these tracks. Any future noise associated with rail traffic would likely be intermittent. a) The occupants of the Project would be exposed to the types and levels of noise commonly found in urbanized areas. The primary noise sources are expected to come from street traffic and residential sources within the units once they are constructed. However, there is no evidence that any of these noise sources would cause significant or long-term increase in noise levels or the exposure of persons to hazardous noise levels. In addition, there is no history of noise INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 29 complaints for this area. Based on the above, the impact would be less than significant. b) During construction there may be exposure to groundborne vibration; however, this would be temporary, short - term, and intermittent. Due to the type of construction and size of the project, goundbourne vibrations would be limited. The Project developer does not intend to use unusual construction methods or tools,such as blasting or drilling which are more likely to result in significant groundbourne vibrations. In addition, the City’s standard mitigation measures for noise would be applied to the Project which would limit the days and hours of construction and any exposure to groundbourne vibrations associated with the Project. Based on the above, the Project would have a less than significant impact related to groundbourne vibration. c) Due to the residential nature of the Project, the Project would not result in a permanent increase in ambient noise levels. Residential uses do not typically create noise in excess of the City’s noise standards. In addition, the Project is required to comply with the standards included in the Noise Ordinance. Based on the above, the Project would not result in a substantial increase in ambient noise levels. d) The Project would result in periodic and temporary increases in noise as a result of Project construction; however, this increase would be short-term. Project construction would be required to adhere to the City’s noise standards and the allowed hours of construction. In order to reduce construction related noise impacts, especially impacts to sensitive receptors, which in this case would be the adjacent residential uses, the City’s standard mitigation measures intended to reduce construction noise impacts have been applied to the Project. Based on the above, the impacts would be less than significant with the implementation of the standard noise mitigation measures. e-f) The Project site is located within the boundaries of the Ukiah Municipal Airport Master Plan (1996). The Project site is located approximately two miles north of the runway for the publicly-maintained Ukiah Municipal Airport and the residents of the multi-family homes would occasionally be subject to over-flights by planes flying into or out of this airport. Impacts related to aircraft would be limited to the occasional overflight of aircraft; and, therefore, the impacts are considered less than significant. The Ukiah Municipal Airport Master Plan allows a maximum of 90 people per acre; this proposed project will contain an estimated 67 people, on 1.5 acres, below the allowable 90. Based on the above, impacts related to noise from aircraft would be less than significant. Mitigation Measures: 1. Construction hours are limited to Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 4 p.m. Construction hours are prohibited on Sunday and all holidays recognized by the City of Ukiah. Interior work that generates negligible or no noise at the property line is allowed outside of the construction hours noted above. Approval of additional construction hours may be requested in writing from the Planning and Community Development Director and Public Works Director for extenuating circumstances. The written request must be submitted a minimum of 14 days prior to the date for which the change in construction hours/days is being requested and shall explain the need for the extended construction hours, describe the extenuating circumstances, and identify the additional construction hours requested, including the duration. 2. Signs shall be posted at the Project site prior to commencement of construction of the proposed Project for the purpose of informing all contractors/subcontractors, their employees, agents, material haulers, and all other persons at the construction site(s) of the basic requirements of mitigation measures for Noise. 3. Signs shall be posted at the construction site that include the permitted construction days and hours, and day and evening contact name and phone number for the onsite complaint and enforcement manager (see 4 below) to allow people to contact the complaint and enforcement in the event of noise concerns related to the Project. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 30 4. An onsite complaint and enforcement manager shall be designated for the Project and shall respond to and track complaints and questions related to noise. The name and contact information for the designated onsite complaint and enforcement manager shall be included on the title sheet of the plans submitted for building permit. 5. Equipment and trucks used for proposed Project construction shall use the best available noise control techniques (e.g. improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically- attenuated shields or shrouds, wherever feasible). 6. Impact tools (e.g. jack hammers, pavement breakers, and rock drills) if used for Project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. 7. Stationary construction noise sources shall be located as far from sensitive receptors as possible and they shall be muffled. 8. No outside amplified sources (e.g. stereo “boom boxes”) shall be used on site during Project construction. Impact Significance After Mitigation: Less than Significant 12. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Significance Criteria: Population and housing impacts would be significant if the project induced substantial direct or indirect (e.g., road extensions) population growth in an area and/or displaced substantial numbers of existing houses and/or substantial numbers of people, thus requiring replacement housing elsewhere. Discussion: a) The Project would construct 42 affordable senior housing units. Each parcel has frontage and access from an existing street (Cleveland Avenue) and utilities are available to serve the forty-two new homes. Based on discussions with PEP housing, the average affordable unit contains 1.5 people. Based on this average, the Project would result in 67 additional people residing in the neighborhood. It is reasonable to assume that some of these people may be relocating from within the City limits. Based on the above, the Project would result in a less than significant impact to population growth. b and c) The Project would construct 42 affordable senior housing units on five vacant parcels, resulting in the creation of new housing units in the City. No existing housing units or people would be displaced as a result of the Project. Based on the above, the Project would have no impact on the displacement of existing housing units or people. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 31 Mitigation Measures: None required 13. PUBLIC SERVICES Would the project result in: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? Significance Criteria: Impacts to public services would be significant if the project resulted in adverse physical impacts upon capacity that would lead to construction of new public facilities or substantial alteration to existing governmental facilities to maintain acceptable service levels or performance levels. Discussion: a-b, e) The Project would result in nominal impacts to municipal services, including schools, parks, and other public facilities given that the Project would result in the construction of forty-two senior affordable units and on-site amenities. The total occupancy is expected to be approximately 67. Therefore, the Project would have a less than significant impact on municipal services. e) Parks: The project is providing on-site recreational amenities including: a 1,600 sq. ft. recreation center, and community garden, open space and walking trails. These amenities will provide residents recreational opportunities. The impact to parks would be less than significant. c) Schools: The project will be restricted to senior occupants only, no residents under the age of 55 are allowed, therefore there will be no impact to local schools. Mitigation Measures: None required INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 32 14. RECREATION Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Significance Criteria: Impacts to recreation would be significant if the project resulted in an impact upon the quality or quantity of existing recreational opportunities or required the creation of new recreational facilities. Discussion: a – b) The proposed Project would develop forty-two multi-family affordable senior housing units. The increase in population as a result of the Project is estimated at 67 people based on the size of the units, although it is reasonable to assume that some residents may be relocating. The project is providing on-site recreational amenities including: a 1,600 sq. ft. recreation center, and community garden, open space and walking trails. These amenities will provide residents recreational opportunities. The impact to parks would be less than significant. Based on the above, potential impacts to parks and recreational facilities would be less than significant. Mitigation Measures: None required 15. TRANSPORTATION/TRAFFIC Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PEP House Sun House Planned Development Rezoning and Precise Development Plan Initial Study of Environmental Impacts March 2015 33 15. TRANSPORTATION/TRAFFIC Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Significance Criteria: According to the Ukiah General Plan Circulation Element, the minimum acceptable level of service (LOS) on City commercial streets/intersections is LOS “D.” Other criteria include whether the project would have substantial effects upon air traffic patterns; whether the project would increase traffic hazards due to design features; whether the project has inadequate emergency access; and whether the project would create conflicts with adopted policies, programs and plans for alternative transportation. Discussion: a – b) The traffic technical memorandum prepared by LACO engineers indicated that the number of trips potentially generated if the subject parcels were to be developed consistent with current land use and zoning designations. Based on the current allowed uses of the parcels (Ukiah City Code (Ord. 539 3 adopted 1961) and the ITE Land Use categories assumed to best represent these uses were calculated that build out of the subject parcels could be expected to generate 19 AM peak-hour trips and 15 PM peak-hour trips, or 2 to 3 more peak-hour trips than estimated Project-generated peak-hour trips. It was concluded that the development of the PEP Sun House, and associated General Plan amendment and zone classification, will not result in significant increase in traffic volumes, particularly when compared to traffic volumes that could be generated by development of the subject parcels under the current land use zoning designations. Public Works reviewed the proposed Project and did not identify the need for a new traffic study or that the Project would impact LOS on roadways within the area of the Project. The Project would increase traffic on roadways within the area of the Project; however this increase would not result in a change in the LOS. Therefore, the impact would be less than significant. c) The existing flight pattern would not change as a result of this Project. The project is not located within the boundaries of the Ukiah Airport Master Plan. d) Access to the lots would be provided via two new driveway curbcuts from Cleveland Street that provide access to the parking lots. The Project would add two driveway / curb cuts along Cleveland Street. Based on the above, the Project would have no impact related to the creation of hazardous design features. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 34 e) The Project was reviewed by Public Works, the Fire Marshal, and the Police Department and no concern related to emergency access was identified. Based on the above, the Project would have no impact on emergency vehicle access. f-g) The City of Ukiah Zoning Code (§9198) specifies the number of parking spac es required for a multiple family dwelling project. One on-site, independently accessible parking space for one bedroom units and two on -site, independently accessible parking spaces for 2 or more bedrooms per unit are required for market rate projects. Based on the mixture of one and two bedroom units, 49 parking spaces would typically be required. However, 32 spaces or .75 spaces per unit are proposed. The proposed parking is summarized in Table 5. Section 9198 (A) (7) allows for the reduction in the number of parking spaces projects providing special needs housing, including senior housing as follows: “In any district, the planning director may approve a reduction in parking requirements not exceeding th irty percent (30%) for housing projects with at least four (4) living units reserved for seniors, disabled persons, emergency shelters, transitional housing, single room occupancies, or other special needs housing with reduced parking demand based on factors such as age of occupants, disabilities, household size, or other factors that support a finding of reduced parking demand” Parking Summary Type of Spaces Number Full Size 19 Accessible 3 (including space) 1 van accessible Compact 10 Total 32 The Institute of Transportation Engineers (ITE) 4th Edition estimates an average parking demand for senior housing at .59 spaces per dwelling unit, regardless of the number of bedrooms in each unit. By contrast, the City of Ukiah Zoning Code requires 1-2 spaces per dwelling unit depending on the number of bedrooms. The Project design provides .75 spaces per dwelling unit, exceeding the ITE average demand. The Housing Element contains policies in support of reducing the required parking for affordable senior housing. Goal H-3 is to expand affordable housing opportunities for persons with special housing needs, including senior citizens. Policy H-3.3 specifically allows for senior housing projects to be developed with parking requirements less stringent than those specified in the Zoning Ordinance, where found to be consistent with maintaining the character of the surrounding neighborhood. Because the project is restricted to senior occupants, many of which do not have the ability to drive, PEP Housing provides alternative transportation options for its residents. This includes weekly van service. The project is located within walking distance to many daily needs including: grocery stores, pharmacies, and public uses . Mendocino Transit also provides a Para transit service that will be available to residents. Reducing the number of required parking spaces to 32 will be consistent with the character of the neighborhood, because the project will provide enough parking to meet the anticipated demand. Mitigation Measures: None required INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 35 16. UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? x d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) 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? X c) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Significance Criteria: Impacts to utilities and service systems would be significant if the proposed project results in a physical need to develop new systems or causes a substantial physical alteration to existing facilities. Discussion: a-g) The Public Works Department has reviewed the Project and there is adequate capacity for the Project to be served by existing water supplies; therefore, the Project would not require the construction of large-scale water supply mains or new water treatment facilities. The site is served by the Mendocino Solid Waste Authority, which maintains a waste transfer station south of City limits. As part of the requirements of the California Green Building Code the applicant is required to recycle or reuse 50% of the construction waste and a recycling/salvage plan is required to be submitted as part of the application for building permit. Verification of the recycling/salvage is verified prior to building permit final. Based on the size and scale of the Project, this Project can be served from resources and facilities and impacts to utilities and service systems would be less than significant. d) The Project is a residential infill development that includes forty-two (42) affordable multi-family senior units. As noted above, the estimated increase in population is approximately 67 people. The Project is required to comply INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 36 with the requirements of the California Green Building Code which includes requirements that reduce water usage. The Project includes landscaping throughout the site that is low or moderate water usage and is drought tolerant. The Project does not include the installation of lawn/turf. The Planning Commission may recommend and the City Council may require modifications to the landscaping plan to further reduce water usage. The State of California is currently experiencing a drought. As of March 2015, Mendocino County is identified as experiencing “Exceptional Drought.” The City of Ukiah’s wells which do not draw water from the Russian River are performing normally. The City of Ukiah implemented mandatory water conservation on August 29, 2014. The mandatory water conservation measures prohibit the following: • Application of water to any driveway or sidewalk. • Application of water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public ways, roadways, parking lots, or structures. • Broadcast (non-drip) irrigation from sunup to sundown and more frequently that every other day or four days per week, at the rate that causes ponding or puddling in the irrigated area. • Drip irrigation that causes ponding or puddling in the irrigated area. • Using a hose that dispenses water to wash a motor vehicle, unless the hose if fitted with a shut-off nozzle. • Using a water fountain or decorative water feature, unless the water is recirculated. The Project would also be subject to any water conservation measures enacted by or applicable to the City of Ukiah. Based on the above, the Project would have a less than significant impact on utilities and services. Mitigation Measures: None required 17. GLOBAL CLIMATE CHANGE / GHG Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Significance Criteria: GHG impacts would be significant if the Project would:  Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; and/or  Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Discussion: a) The Project is a small residential infill project. Due to the nature of the Project, the construction and operation of the Project would not result in a considerable contribution to cumulative GHG emissions. The Project is subject to the requirements of the Green Building Code. Compliance with California Green Building requirements could reduce GHG emissions. Further, the project proposes the installation of a 22kW of photovoltaic system to offset energy use of the INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 37 common areas of the project. Based on the above, construction and operation of the Project would have a less than significant impact on GHG emissions. b) The City of Ukiah does not have an adopted climate action plan. The City of Ukiah does have General Plan goals and polices that address energy use which may reduce or minimize GHG emission. Based on the above, the Project would not conflict with any plan, policy or regulation adopted for the purpose of reducing the emissions of GHG. Mitigation Measures: None required MANDATORY FINDINGS OF SIGNIFICANCE NOTE: If there are significant environmental impacts which cannot be mitigated and no feasible project alternatives are available, then complete the mandatory findings of significance and attach to this initial study as an appendix. This is the first step for starting the environmental impact report (EIR) process. Does the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: a. The Project would not have an impact on habitat, plant or animal communities. The Project does not include any habitat, fish or wildlife population, and is not known to include any cultural resources. The Project location is not identified as an area of High significance in the City’s General Plan. In the unlikely event, cultural resour ces are discovered as a result of construction of the Project, a mitigation measure has been included to reduce this impact to a less than significant level. b. The project would not have cumulative impacts because the project site is located within an estab lished residential neighborhood and there are currently no other projects or projects in the foreseeable future planned within the immediate vicinity that would create combined cumulative impacts. In terms of the larger community future projects include the Ukiah Courthouse Relocation and Costco. While these two projects have identified impacts the proposed Project would continue to be less than significant when added to the cumulative impacts. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 38 C. The project would not have environmental effects which will cause substantial adverse effects on human beings either directly or indirectly because of the small size of the project. Project Proponent/Applicant Agreement to Comply with Mitigation Measures I, , the project proponent, have reviewed this Initial Study and Mitigated Negative Declaration, and hereby agree to comply with the mitigation measures and to incorporate the mitigation measures and monitoring programs identified herein into the project. Signature of Project Sponsor Date MITIGATION MONITORING AND REPORTING: AB 3180 requires all public agencies to adopt a monitoring and reporting program whenever they adopt an EIR or "Mitigated Negative Declaration.” The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration require the applicants to incorporate or comply with the important Mitigation Measures listed in Attachment 1 of this analysis and the table describing the program is included in Attachment 2. ATTACHMENTS: 1. Mitigation Monitoring Program 2. Mitigated Negative Declaration 3. Notice of Intent to Adopt a MND 4. Project Plans (Below are available at City Hall 300 Seminary Drive, Ukiah Ca. 94482) 5. Grading and Drainage Plan LACO (October 2014) 6. Technical Memorandum Traffic Analysis prepared by LACO (September 2014) 7. Geotechnical Report prepared by LACO (October 2014) 8. Arborist Report prepared by John M. Phillips (Jan 2015) RESOURCES USED TO PREPARE THIS ANALYSIS 1. City of Ukiah General Plan, 1995 2. City of Ukiah General Plan, Housing Element 2009-2014 3. The Linkage Between Land Use, Transportation and Air Quality, State Air Resources Board, 1993. 4. The Land Use - Air Quality Linkage: How Land Use and Transportation Affect Air Quality, State Air Resources Board, 1997. 4. Transportation-Related Land Use Strategies to Minimize Mobile Source Emissions: An Indirect Source Research Project, State Air Resources Board, 1995. 5. A Source of Air Quality Conditions Including Emissions Inventory, Ozone Formation, PM10 Generation, and Mitigation Measures for Mendocino County, CA., Sonoma Technologies, Inc., November, 1998. 6. General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section, Michael W. Skenfield, and October, 1991 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 39 7. Soil Survey of Mendocino County, Eastern Part, and Trinity County, Southwestern Part, California, U.S. Department of Agriculture - Soil Conservation Service, January, 1991. 8. A History of the Salmonid Decline in the Russian River, Steiner Environmental Consulting, August, 1996 9. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 199 10. City Air Photographs: 2000, and 2001 11. Traffic Analysis of PEP Sun House Affordable Multi-family prepared by LACO Engineers, September, 2014 12. City of Ukiah Citywide Circulation Study: Final Draft, Omni-means Engineers and Planners, November, 2006. 13. Hazardous Waste and Substance Sites List from California Department of Toxic Substances Control 14. Referral Comments from the following City staff and Agency representatives: a. David Willoughby, Building Official b. Kevin Jennings, Fire Marshal c. Ben Kageyama, Senior Civil Engineer, Public Works d. Jimmy Lozano, Electric Utility Department e. Captain Trent Taylor, Police Department f. Robert Scaglione, Air Pollution Control Officer, Mendocino County Air Quality Management District INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 40 Attachment 1 City of Ukiah, California Planning and Community Development Department 300 Seminary Avenue Ukiah, CA 95482 Project Name: PEP Housing Planned Development Rezoning and Precise Development Plan File Numbers: Munis #749 Address/Location: 517 South Main Street, Ukiah, CA: APN: 002-281-024, 002-281-018, 002-281-028, 002-281- 030, 002-281-015 Mitigation Monitoring Program Report Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures Aesthetics (light and glare) Mitigation Measures Planning and Community Development Department Project Proponent Building Permit Plan Submittal and installation prior to C of O. 1. All outdoor light fixtures shall be located, aimed, and shielded so as to minimize light trespassing over property lines and avoid directing light towards motorists and pedestrians. Fixtures shall be full cutoff and nighttime friendly and shall be International Dark Sky Association (IDA) approved or equivalent. Prior to installation of the exterior lighting, the applicant shall prepare a photometric plan for review and approval by the Planning Department that demonstrates that the lighting will not spillover onto adjacent properties and that all lighting is shielded and downcast. Air Quality Mitigation Measures INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 41 Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures Planning and Community Development Department Public Works Department Project Proponent Project grading and construction. 1. All activities involving site preparation, excavation, filling, grading, road construction, and building construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 2. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 3. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 4. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 5. The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of site preparation shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the Mendocino County Air Quality Management District. Biological Resources Mitigation Measures Planning and Community Development Department Project Proponent Prior to issuance of grading or building permits. A. The following mitigation measure shall be implemented in order to protect any nesting birds: a. If site preparation and tree removal/trimming include the spring bird nesting season (February through July), a preconstruction survey shall be conducted by a qualified professional within two weeks prior to removing/trimming any trees. If active nests (with eggs or living young) are found, no INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 42 Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures activity shall be permitted that might disturb or remove the active nests until the young birds are able to leave the nest and forage on their own. Empty nests may be removed. If eggs or young are present, the nests shall be left until the young birds leave. Setback buffers for the nests will vary depending on the species affected and the location of the nest. Buffer zones shall be determined on a case by case basis in consultation with a California Department of Fish and Wildlife biologist. The following mitigation measure shall be implemented in order to preserve protected trees: a. Location of tree protection fencing and protective buffer for native trees being persevered on site shall be consistent with the best practices outlined by the John M. Phillips Certified Arborist. b. Notes on the plans that state that state “Construction materials, vehicles and equipment, and the cleaning of equipment or materials is prohibited within the area of the protective fencing and under the driplines of the trees to be protected and preserved. c. A detail of the protective fencing and protective buffer recommended in the arborist report. The fencing shall be 5 to 6 feet in height, metal and secured with in-ground posts. a. Tree/riparian vegetation protection INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 43 Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures notes: i. Care shall be taken when digging under ground near the base of the trees to be protected and preserved. ii. All digging within 6-feet of the base of the trees shall be done by hand. iii. Any holes dug for construction (such as foundations, fence posts, utilities) shall avoid roots 4 inches or greater by relocating these holes to an area where roots do not exceed 4 inches. iv. d. Care shall be taken when removing the garage in order to prevent mechanical damage to and soil compaction under protected trees. (http://www.cal- ipc.org/paf/). Cultural Resources Mitigation Measures Planning and Community Development Department Public Works Department Project Proponent Project grading and construction. 1. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and the City shall be notified of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and to develop a precise mitigation program if deemed necessary. 2. If human remains are encountered during construction excavation and grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition pursuant to PRC Section 5097.98. If the remains are determined INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 44 Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures to be of Native American Descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely descendent, who will help determine what course of action should be taken in dealing with the remains. Hydrology and Water Quality Mitigation Measures Planning and Community Development Department & Public Works staff Project Proponent 1. Prior to construction of site improvements, a final grading and drainage plan and an erosion and sediment control plan, prepared by a Civil Engineer shall be submitted for review and approval by the Department of Public Works. 2. Plans submitted for building permit shall demonstrate that roof drains are designed to maximize infiltration into landscaped areas and not discharge directly into storm drains or into the street. Noise Mitigation Measures Planning and Community Development Department staff Project Proponent For the duration of site preparation and project construction 2. Construction hours are limited to Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 4 p.m. Construction hours are prohibited on Sunday and all holidays recognized by the City of Ukiah. Interior work that generates negligible or no noise at the property line is allowed outside of the construction hours noted above. 3. Approval of additional construction hours may be requested in writing from the Planning and Community Development Director and Public Works Director for extenuating circumstances. The written request must be submitted a minimum of 14 days prior to the date for which the change in construction hours/days is being requested and shall explain the need for the extended construction hours, describe the extenuating circumstances, and identify the additional construction hours requested, including the duration. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 45 Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures 4. Signs shall be posted at the Project site prior to commencement of construction of the proposed Project for the purpose of informing all contractors/subcontractors, their employees, agents, material haulers, and all other persons at the construction site(s) of the basic requirements of mitigation measures for Noise. 5. Signs shall be posted at the construction site that include the permitted construction days and hours, and day and evening contact name and phone number for the onsite complaint and enforcement manager (see #4 below) to allow people to contact the complaint and enforcement in the event of noise concerns related to the Project. 6. An onsite complaint and enforcement manager shall be designated for the Project and shall respond to and track complaints and questions related to noise. The name and contact information for the designated onsite complaint and enforcement manager shall be included on the title sheet of the plans submitted for building permit. 7. Equipment and trucks used for proposed Project construction shall use the best available noise control techniques (e.g. improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically-attenuated shields or shrouds, wherever feasible). 8. Impact tools (e.g. jack hammers, pavement breakers, and rock drills) if used for Project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. 9. No outside amplified sources (e.g. stereo “boom boxes”) shall be used INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 46 Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures on site during Project construction. Attachment 2 CITY OF UKIAH 300 Seminary Avenue Ukiah, CA 95482 CEQA MITIGATED NEGATIVE DECLARATION PEP Housing Sun House Planned Development Rezoning and Precise Development Plan DATE: March 29th- April 17th PROJECT: PEP Housing “Sun House” General Plan Amendment, Planned Development Rezone and Precise Development Plan (File No: 749 GPA-RZ/PD,CC-PC) PROJECT PROPONENT: PEP Housing Petaluma, Ca. LOCATION: 517 South Main Street, Ukiah, CA: APN: 002-281-024, 002-281-018, 002-281-028, 002-281-030, 002-281-015 PROJECT DESCRIPTION: PEP Housing proposes to develop a 42-unit housing complex available to low and moderate income senior citizens. There will be three apartment buildings, each two stories for a total of 30,025 square feet of residential l iving space. Six of the units will be 2 bedrooms and the remaining 36 units will be one bedroom. A one-story, 1,650 square foot community center for the benefit of the residents is also proposed. ENVIRONMENTAL SETTING: The environmental setting is comprised of the area bounded by Main State Street to the west, North Coast Rail Road tracks to the east, the Grace Hudson Museum to the north, and Cleveland Avenue to the south. The Project is located within a developed urban area and surrounded by commercial, public single and multi-family uses. FINDINGS SUPPORTING A MITIGATED NEGATIVE DECLARATION: 1. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the Project, as mitigated, does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. 5. The Initial Environmental Study examined areas of potential impacts and based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed project, as mitigated, would not have significant adverse impacts on the environment for the following reasons: A. A mitigation measure has been included to reduce any impacts related to light and glare to less than significant. Impacts to visual quality were determined to be less than significant or no impact. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 47 B. The Project would not have an impact on any existing or future agriculture use. There are no parcels within the City zoned Agriculture and no agricultural uses on or proximate to the Project site. C. Construction of the Project would result in an increase in PM10. Mitigation measures for construction of the Project have been applied to the Project. Since the Project site is less than one acre in size a permit from the Mendocino County Air Quality Management District (MCAQMD) is not required. D. The Project area is not identified on the Area of High Archeological Sensitivity included in the City of Ukiah General Plan. It is highly unlikely that there are archeological resources or human remains on the parcels included in the Project. In the unlikely event that cultural resources or human remains are discovered during gra ding operations for the Project, mitigation measures have been included to reduce the impact to less than significant. E. The Project site is not known to be in an area with unstable or expansive soil. The Project site and surrounding area are relatively flat; therefore, there would be no impacts related to landslide. The Project has the potential to result in erosion or the loss of top soil. Mitigation measures for Air Quality, Biological Resources, and Air Quality have been applied. Implementation of these mitigation measures would reduce the potential for the Project to impact top soil and result in erosion. F. The Project site is not located on any list of hazardous waste disposal sites compiled pursuant to Government Code Section 65962.5. G. The Project site is located within the boundaries of the Ukiah Municipal Airport Master Plan (1996). The Project site is located approximately two miles north of the runway for the publicly-maintained Ukiah Municipal Airport and the residents of the multi-family homes would occasionally be subject to over-flights by planes flying into or out of this airport. Impacts related to aircraft would be limited to the occasional overflight of aircraft; and, therefore, the impacts are considered less than significant. H. The Project would infill five vacant parcels located in an urban area primarily developed with single and multi -family housing to the south and east, a mix of residential and commercial uses are located to the west and public uses to the north. I. No mineral resources are located within or proximate to the project area. J. Construction of the Project would result in a temporary increase in noise levels in the Project area. Residential uses are located proximate to the Project. Mitigation measures have been in cluded to limit the hours of construction and reduce noise from construction equipment. These mitigation measures would reduce construction noise impacts to less than significant. K. The Project would construct forty-two (42) affordable senior housing units, which is estimated to increase the population 67 people. The Project would not eliminate any housing. L. There are adequate public services, facilities, and utilities to serve the Project. The State of California is currently experiencing a drought. As of March 2015, Mendocino County is identified as experiencing “Exceptional Drought.” The City of Ukiah’s wells which do not draw water from the Russian River are performing normally. The City of Ukiah implemented a mandatory water conservation program on August 29, 2014. The Project would also be subject to any water conservation measures enacted by or applicable to the City of Ukiah. M. The Project would result in the construction of forty-two (42) new housing units, resulting in an estimated population increase of 67 people. It was concluded that the development of the PEP Sun House, and associated General Plan amendment and zone classification, will not result in significant increase in traffic volumes, particularly INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 48 when compared to traffic volumes that could be generated by development of the subject parcels under the current land use zoning designations. N. The Project would not result in climate change or greenhouse gas impacts. The Project does not violate any plans or policies adopted to address climate change/GHG. The Project was referred to and reviewed by the Mendocino County Air Quality Management District and the District did not identify any impacts related to climate change or GHG. O. Reasonable and feasible mitigation measures have been identified that would eliminate or reduce significant impacts to levels of insignificance. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project, as mitigated, will not have a significant effect on the environment, and further, that this Mitigated Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. The Initial Environmental Study and all resources information used to perform the initial environmental analysis may be reviewed at the City of Ukiah Department of Planning and Community Development, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. March 2015 Kevin Thompson, Principal Planner Date Planning and Community Development Department City of Ukiah INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 49 CITY OF UKIAH Department of Planning & Community Development Notice of Intent to Adopt a Mitigated Negative Declaration To:  County Clerk, County of Mendocino 501 Low Gap Road Ukiah, CA 95482 FROM: City of Ukiah Planning & Community Development Dept. 300 Seminary Avenue Ukiah, CA 95482 To:  State Clearinghouse Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 This Notice is to advise agencies and interested individuals that the Planning Commission and City Council will consider adoption of a Mitigated Negative Declaration (MND) for the project described below. Project Title: PEP Housing Planned Development Rezoning and Precise Development Plan File No: 749 Project Location/ Assessor’s Parcel #: 517 South Main Street, Ukiah, CA: APN: 002-281-024, 002-281-018, 002-281-028, 002- 281-030, 002-281-015 Applicant: PEP Housing Lead Agency: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Lead Agency Contact: Kevin Thompson, Principal Planner Contact Information: (707) 463-6207 / kthompson@cityofukiah.com Project Description: PEP Housing proposes to develop a 42-unit housing complex available to low and moderate income senior citizens. There will be three apartment buildings, each two stories for a total of 30,025 square feet of residential living space. Six of the units will be 2 bedrooms and the remaining 36 units will be one bedroom. A one-story, 1,650 square foot community center for the benefit of the residents is also proposed. Approximately 31 percent of the site will be covered with buildings, 16 percent with parking areas, and the remaining 47 percent will be landscaping, open space, and recreational areas. Specific site amenities include: a small park, internal paths, a garden area, and a small dog run. The project includes 31 parking spaces contained in two parking lots (13 and 18 spaces each). Access will occur from Cleveland Lane, via two 20 feet wide driveways that allow for two way traffic. No vehicular access from Main Street is proposed. The project will be located on a vacant 1.5 acre in-fill site, formerly an athletic / tennis club. The site is within walking distance (within .5 miles) of many daily needs including: grocery stores, pharmacies, restaurants, public transit and civic uses. The site is generally flat, partially paved with former tennis courts and contains some INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 50 mature trees. A total of 15 trees of varying health are proposed for removal. An existing single -family home located on the frontage of Main Street is proposed for demolition. The project requires a General Plan and Zoning Ordinance map amendments (see table below) in addition to a Site Development Permit, Parcel Merger, Design Review, Parking Exemption Request, Demolition Permit, and Airport Land Use Plan Consistency Determination. Environmental Effects: The City of Ukiah Planning and Community Development Department has performed a comprehensive evaluation of the potential impacts for this project in accordance with State of California Environmental Quality Act (CEQA) Guidelines. The Initial Study/Mitigated Negative Declaration identifies potential significant impacts in the following areas: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Hydrology & Water Quality, and Noise. Accordingly, it has been determined that a Mitigated Negative Declaration is appropriate for the project. Notice is also given that the project site is not located on any list of hazardous waste disposal sites compiled pursuant to Government Code Section 65962.5. Public Review and Comment Period: March 29th- April 17th Planning Commission Meeting Date/Time: May 13, 2015 Planning Commission Meeting Location: City Council Chambers, Civic Center 300 Seminary Avenue, Ukiah, Ca 95482 Planning Commission Action: The Planning Commission will hold a public hearing to review the Mitigated Negative Declaration and make a recommendation to the City Council on the adoption of the Mitigated Negative Declaration at the date and time shown above. Should the Planning Commission make a recommendation on the MND, the Planning Commission will conduct a public hearing to consider and make a recommendation to the City Council on the Rezoning to PD /R3 and the Precise Development Plan. City Council Action: Should Planning Commission make a recommendation on the MND at the October 22, 2014 meeting, the City Council will hold a public hearing at the date and time below to consider adoption of the MND. Should the Planning Commission also make a recommendation on the Rezoning to PD / R3 and Precise Development Plan at the October 22, 2014 hearing, and should the City Council adopt the MND at the November 5, 2014, the City Council will then also consider the Rezoning to PD / R3 and Precise Development Plan at the November 5, 2014 meeting. City Council Meeting Date/Time: May 27, 2015 City Council Meeting Location: City Council Chambers, Civic Center 300 Seminary Avenue, Ukiah, CA 95482 Document Availability: The document is available for review at the City of Ukiah Planning and Community Development Department, Civic Center, 300 Seminary Avenue, Ukiah, CA 95482. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 51 Kevin Thompson Principal Planner Name Title March 27th 2015 Signature Date Findings for Mitigated Negative Declaration PEP Housing Planned Development Rezoning and Precise Development Plan 517 S. Main File No.: 749 1 ATTACHMENT 3 1 2 3 FINDINGS TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR 4 THE PEP HOUSING PLANNED DEVELOPMENT 5 517 SOUTH MAIN STREET 6 FILE NO.: 749 7 PURSUANT TO THE REQUIREMENTS OF THE 8 CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) 9 10 11 1. The Project will approve an amendment to the Ukiah General Plan from a Commercial land use 12 designation to a High Density Residential lnad use designation and approve a Rezoning to Planned 13 Development/High Density Residential with Precise Development Plan to allow the construction of a 14 42 unit affordable senior housing project. 15 16 2. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a Mitigated 17 Negative Declaration dated March 15, 2015 to evaluate the potential environmental impacts of the 18 General Plan Amendment, Planned Development Rezoning, Precise Development Plan, and 19 construction and operation of the Project. 20 21 3. The Initial Environmental Study examined areas of potential impacts and based on the conclusions 22 reached in the Initial Environmental Study, it has been determined that the proposed project, as 23 mitigated, would not have significant adverse impacts on the environment for the following reasons: 24 25 A. A mitigation measure has been included to reduce any impacts related to light and glare to less 26 than significant. Impacts to visual quality were determined to be less than significant or no 27 impact. 28 29 B. The Project would not have an impact on any existing or future agriculture use. There are no 30 parcels within the City zoned Agriculture and no agricultural uses on or proximate to the Project 31 site. 32 33 C. Construction of the Project would result in an increase in PM10. Mitigation measures for 34 construction of the Project have been applied to the Project. Since the Project site is more than 35 one acre in size a permit from the Mendocino County Air Quality Management District 36 (MCAQMD) is required. 37 38 D. The City’s general plan includes goals and policies related to the conservation and 39 replenishment of valley oaks, and the maintenance and enhancement of the urban forest and 40 shade tree canopy. A certified arborist prepared an arborist report for the project that 41 identified the native trees on the site and provided recommendations for the protection and 42 preservation of the healthy trees. 43 44 45 Findings for Mitigated Negative Declaration PEP Housing Planned Development Rezoning and Precise Development Plan 517 S. Main File No.: 749 2 E. The Project area is not identified on the Area of High Archeological Sensitivity included in the 1 City of Ukiah General Plan. It is highly unlikely that there are archeological resources or human 2 remains on the parcels included in the Project. In the unlikely event that cultural resources or 3 human remains are discovered during grading operations for the Project, mitigation measures 4 have been included to reduce the impact to less than significant. 5 6 F. The Project site is not known to be in an area with unstable or expansive soil. The Project site 7 and surrounding area are relatively flat; therefore, there would be no impacts related to 8 landslide. The Project has the potential to result in erosion or the loss of top soil. Mitigation 9 measures for Air Quality and Biological Resources have also been applied to Geology and Soils. 10 Implementation of these mitigation measures would reduce the potential for the Project to 11 impact top soil and result in erosion. 12 13 G. The Project site is not located on any list of hazardous waste disposal sites compiled pursuant to 14 Government Code Section 65962.5. 15 16 H. The Project has been reviewed by the Mendocino Airport Land Use Commission and found to be 17 consistent with the B-2 Infill policies contain in the County Airports Comprehensive Land Use 18 Plan. 19 20 I. The Project would not modify the drainage on the site which has the potential to result in 21 erosion, siltation, and/or to increase the rate or volume of runoff. The Preliminary Drainage 22 Study completed for the project by LACO in October of 2014 concluded that with the use of Low 23 Impact Development (LID) practices, the post construction run over for both the 10-year and 24 100-year is reduced by 38% resulting in less storm water runoff. 25 26 J. The Project is subject to the Storm Water Low Impact Development Technical Design Manual 27 adopted by City Council on June 18, 2014 which became effective upon adoption and applies to 28 applications submitted on or after June 19, 2014. 29 30 K. The project is not located within a 100 year flood hazard area or within a 100 year flood zone as 31 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard 32 delineation map. The Project is located within Zone X (areas determined to be outside of the 33 0.2% annual chance floodplain) on FEMA Flood Insurance Rate Map #06045C1512F, Panel #1512 34 of 2100, dated June 2, 2011. 35 36 L. The Project would infill an existing parcel by constructing a 42-unit senior affordable multi-family 37 project. The project site is developed on all four sides within an existing neighborhood 38 therefore will not divide an established community. 39 40 M. No mineral resources are located within or proximate to the project area. 41 42 N. Construction of the Project would result in a temporary increase in noise levels in the Project 43 area. Residential uses are located proximate to the Project. Mitigation measures have been 44 Findings for Mitigated Negative Declaration PEP Housing Planned Development Rezoning and Precise Development Plan 517 S. Main File No.: 749 3 included to limit the hours of construction and reduce noise from construction equipment. 1 These mitigation measures would reduce construction noise impacts to less than significant. 2 3 O. The Project would construct 42 affordable senior housing units. Each parcel has frontage and 4 access from an existing street (Cleveland Lane) and utilities are available to serve the forty-two 5 new homes. Based on discussions with PEP housing, the average affordable unit contains 1.5 6 people. 7 8 Based on this average, the Project would result in 67 additional people residing in the 9 neighborhood. It is reasonable to assume that some of these people may be relocating from 10 within the City limits. Based on the above, the Project would result in a less than significant 11 impact to population growth. 12 13 The Project would construct 42 affordable senior housing units on five vacant parcels, resulting 14 in the creation of new housing units in the City. No existing housing units or people would be 15 displaced as a result of the Project. Based on the above, the Project would have no impact on 16 the displacement of existing housing units or people. 17 18 P. The Project would result in nominal impacts to municipal services, including schools, parks, and 19 other public facilities given that the Project would result in the construction of forty-two senior 20 affordable units and on-site amenities. The total occupancy is expected to be approximately 67. 21 Therefore, the Project would have a less than significant impact on municipal services. 22 23 Parks: The project is providing on-site recreational amenities including: a 1,600 sq. ft. recreation 24 center, community garden, open space and walking trails. These amenities will provide residents 25 recreational opportunities. The impact to parks would be less than significant. 26 27 Schools: The project will be restricted to senior occupants only, no residents under the age of 55 28 are allowed, therefore there will be no impact to local schools. 29 30 Q. The Project would not result in climate change or greenhouse gas impacts. The Project does not 31 violate any plans or policies adopted to address climate change/GHG. The Project was referred 32 to and reviewed by the Mendocino County Air Quality Management District and the District did 33 not identify any impacts related to climate change or GHG. 34 35 R. Reasonable and feasible mitigation measures have been identified that would eliminate or 36 reduce significant impacts to levels of insignificance. 37 38 4. The Initial Environmental Study examined areas of potential impacts that may result from the 39 implementation of the Project. Based on the conclusions reached in the Initial Environmental Study, 40 it has been determined that the proposed Project has the potential to have significant 41 environmental impacts on aesthetics, air quality, biological resources, cultural resources, 42 geology/soils, hydrology and water quality, land use and planning, and noise without the 43 implementation of mitigation measures. The analysis and conclusion reached in the Initial 44 Environmental Study identified mitigation measures that would reduce the potential impacts on 45 Findings for Mitigated Negative Declaration PEP Housing Planned Development Rezoning and Precise Development Plan 517 S. Main File No.: 749 4 aesthetics, air quality, biological resources, cultural resources, geology/soils, hydrology and water 1 quality, land use and planning, and noise to less than significant levels. 2 3 5. There is no substantial evidence in light of the whole record before the City of Ukiah that the 4 Project, as mitigated, would have a significant effect on the environment. 5 6 6. The Initial Environmental Study was prepared and demonstrated there is no substantial evidence 7 that supports a fair argument that the Project, as mitigated, would have a significant effect on the 8 environment. 9 10 7. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the 11 Project, as mitigated, does not have the potential to degrade the quality of the local or regional 12 environment. 13 14 8. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the 15 Project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-16 term environmental goals. 17 18 9. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the 19 Project, as mitigated, will not result in impacts that are individually limited, but cumulative 20 considerable. 21 22 10. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the 23 Project, as mitigated, will not result in impacts that will cause substantial adverse effects on human 24 beings, either directly or indirectly. 25 26 11. A Notice of Intent to adopt the Mitigated Negative Declaration was made available in the following 27 manner: posted at the Mendocino County Clerk on April 29th 2015; mailed to property owners 28 within 300 feet of the parcels included in the Project on April 29th, 2015; published in the Ukiah 29 Daily Journal on April 30th 2015; and posted on the Project site on April 28, 2015 in order to notify 30 interested parties of Planning Commission consideration of the Mitigated Negative Declaration at its 31 May 27, 2015 and the possible City Council consideration of the Mitigated Negative Declaration at 32 its June 3, 2015 meeting. 33 34 12. A Mitigation Monitoring Reporting Program (MMRP) has been prepared to ensure compliance with 35 the adopted mitigation measures and the project proponent has agreed to the mitigation measures 36 included in the MMRP. 37 38 13. The Initial Environmental Study and Mitigated Negative Declaration and record of proceedings of 39 the decision on the Project are available for public review at the City of Ukiah Planning Department, 40 Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA. 41 42 14. On May 27, 2015 the Planning Commission held public hearings to receive public comment and 43 consider the Mitigated Negative Declaration for the PEP Housing Planned Development Rezoning 44 and Precise Development Plan. At the May 27, 2015 meeting, the Planning Commission voted 45 Findings for Mitigated Negative Declaration PEP Housing Planned Development Rezoning and Precise Development Plan 517 S. Main File No.: 749 5 unanimously (3-0) to make a recommendation to the City Council to adopt the Mitigated Negative 1 Declaration for the PEP Housing General Plan Amendment, Planned Development Rezoning and 2 Precise Development Plan. 3 4 15. A Notice of Intent to adopt the Mitigated Negative Declaration was made available in the following 5 manner: mailed to property owners within 300 feet of the parcels included in the Project on April 6 28, 2015; published in the Ukiah Daily Journal on April 30, 2015; and posted on the Project site on 7 April 29, 2015 in order to notify interested parties of City Council’s consideration of the Mitigated 8 Negative Declaration at its June 17, 2015 meeting. 9 10 16. On June 17, 2015 the City Council voted ______ to adopt the Mitigated Negative Declaration for the 11 PEP Housing General Plan Amendment, Planned Development Rezoning and Precise Development 12 Plan. 13