30. Prior to submitting improvement plans for City review, a Notice of Voluntary Lot Merger, including legal descriptions and plats shall be submitted to the City for review and approval. Construction shall not commence until said Notice has been approved by the City and recorded. Please note, one of the project parcels (APN:
0037-060-480) is outside of the City limits and is required to annex into the City as part of this project. This parcel is required to annex into the City prior to recordation of the lot merger.
Open Space, Public Safety and Park Maintenance Mello Roos District:
31. All new development within the City is required to annex into Community Facilities District #2012-2 (CFD #2012-2), an Open Space, Public Safety and Park Maintenance Mello Roos District. Property owners within the District will be required to pay special on-going annual assessments to be used for the following:
Operation of open space within the Fairfield area
Police and Fire Protection, including but not limited to expenses for personnel, equipment, and supplies
Ongoing Maintenance of Neighborhood Parks
The developer shall furnish the necessary processing fees, documents and boundary map required to annex to the District prior to the issuance of any building permits. The annexation process shall be complete prior to the issuance of any certificates of occupancy. Please note that it may take up to 4 months, or longer, to complete the process. Assessments will have an annual inflation adjustment.
Please furnish the required annexation fees and e-mail the following information to Alvin Lei ([email protected]) in the City of Fairfield Public Works Department to begin the annexation process:
Project Name
Parcel Owner
Parcel Owner e-mail
Parcel Owner Phone Number
Assessor Parcel Number
Other Approvals:
32. Approvals from other agencies may be required for this project. Contact the following agencies:
United States Army Corps of Engineers for work within the creek and work filling in old Laurel Creek within the project boundary. State Regional Water Quality Control Board for work within the creek and work filling in the old Laurel Creek within the project boundary. California Department of Fish and Game for work within the creek Central Valley Flood Protection Board for proposed storm drain outfall into Laurel Creek
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Sunset Avenue Apartments
November 3, 2021
General Development Conditions
Geotechnical Investigation:
33. The developer shall retain a registered Geotechnical Engineer to conduct a Geotechnical Investigation of the project area. Two copies of the project Geotechnical Report shall be submitted to the Public Works Department prior to submittal of Construction Plans. The Geotechnical Report shall include details and recommendations regarding the following:
Grading Limitations and Requirements
Foundation Design
Settlement
Parking Lot Pavement Sections
Grading:
34. A grading plan shall be prepared by the developer's Civil Engineer and the following information shall be shown on the Grading Plan:
Existing contours, landscaping, fences, buildings, or other improvements Existing trees to be saved in place or removed
Furnish all necessary details to clearly convey recommendations outlined in the project geotechnical investigation
Cut/Fill interfaces and limits of grading
Lot boundaries and road rights-of-way
Proposed pad elevations, finished contours and lot grading details Top of curb elevations
Perimeter cross-sections along all sides of the project to show the proposed project’s interface with abutting properties and streets Plan view of proposed drainage facilities including storm drains, catch basins, manholes and underdrains
Parking lot surface drainage, pavement grades, ridge lines, etc. Street grades
Details for proposed curb and gutter
Details for proposed drainage ditches
35. The Project Engineer shall coordinate grading design closely with the project Geotechnical Engineer. Specifically, the Geotechnical Engineer shall be consulted to evaluate and address issues related to:
Retaining Wall Design Parameters
Parking Lot Pavement Sections
36. The grading plan shall be reviewed and approved by the project Geotechnical Engineer prior to City approval. Provide a signature block for the project Geotechnical Engineer on the plan.
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November 3, 2021
37. Slope grading shall comply with the Geotechnical Report. Slopes steeper than 3H:1V shall not be allowed in the public right-of-way. Slopes steeper than 2H:1V shall not be allowed on-site.
38. Retaining walls over 18 inches tall shall be concrete or masonry. Retaining walls over 4 feet tall shall be designed by a Civil or Structural Engineer.
Erosion Control and Stormwater Quality:
39. The developer shall incorporate the use of Low Impact Development (LID) Best Management Practices to address the issue of ongoing post-construction stormwater quality for the project site. Examples of LID treatment measures include: bio-retention, harvesting and reuse, infiltration, and evapo-transpiration.
The project engineer is strongly recommended to contact the Public Works Department in regards to the new design requirements.
40. An erosion and sedimentation control plan shall be included as a part of the grading plan package. An erosion control plan shall be prepared by the developer's Civil Engineer and approved by the City Engineer. The erosion control plan shall include protection measures such as: sedimentation basins, check dams, straw wattles and hydroseeding details.
41. The project shall comply with the requirements of the most current National Pollutant Discharge Elimination System (NPDES) permit issued to the Fairfield- Suisun Urban Runoff Management Program.
42. The applicant shall obtain all necessary permits for storm water discharges, including but not limited to the State Water Resources Control Board Construction General Permit. Applicants whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, shall obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (State Water Resources Control Board Construction General Permit, 99-08- DWQ). Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.
43. The applicant shall be responsible for developing and implementing a Storm Water Pollution Prevention Plan (SWPPP) which shall be reviewed and approved by the Fairfield-Suisun Sewer District.
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Sunset Avenue Apartments
November 3, 2021
44. To limit pollutant generation, discharge and runoff to the maximum extent practicable, the project shall include stormwater pollution control measures listed within the document entitled “Storm Water Pollution Control Measures List”. This list is provided within Appendix B of the document entitled “Storm Water Requirements for Development Projects- Packet for Project Applicants”. Each identified source of pollutants may have one or more appropriate control measures as determined by the City of Fairfield.
45. All stormwater treatment measures shall be adequately operated and maintained.
To ensure operation and maintenance of stormwater treatment measures, the property owner shall enter into a Stormwater Treatment Measures Maintenance Agreement with the City. This agreement shall be signed by the property owner and submitted to the Department of Public Works prior to the issuance of the building permit. It is included in the document entitled “Storm Water Requirements for Development Projects- Packet for Project Applicants.”
46. The Developer shall install thermoplastic markers on all new catch basins. Markers may be purchased at the Fairfield-Suisun Sewer District (FSSD) office. Contact the FSSD at 429-8930 for additional details.
47. Prior to the City’s issuance of the Certificate of Occupancy, the City shall receive a self-certification by the Engineer of Record (Registered Civil Engineer) which certifies that the project’s grading, drainage and stormwater treatment systems conform to the approved plans, permits and city codes. The self certification shall be performed during construction and upon completion of the project by the Engineer of Record and documented on the appropriate city form.
Water System:
48. Proposed domestic water and irrigation services, within the public right-of-way, shall be constructed per current City Standard Details and Specifications.
49. Show the size and location of existing and proposed water services, meters and backflow prevention devices on the site plan. Show the size and location of water mains and the proposed points of connection for water services.
50. Existing services that are to remain unused shall be abandoned per City requirements, including valve removal at the connection to public infrastructure and installation of a blind flange on abandoned services.
51. The developer shall verify the size of the existing water services and water meters.
Services and meters shall be upsized by the developer, at their sole cost, as needed for the proposed use. Backflow prevention devices shall be installed or upgraded to meet current code requirements.
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Sunset Avenue Apartments
November 3, 2021
52. With the exception of water meters and meter boxes, all water facilities on the site side of the reduced pressure backflow prevention device (including the backflow preventor) shall be privately maintained by the property owner.
Water utilities between the public water main and the first structure off the public main (water meter, double detector check valve) shall be maintained by the City.
53. Irrigation services shall be stubbed to all landscaped areas. Irrigation and electrical control wire sleeves shall be installed as needed. Coordinate with the project Landscape Architect. Sleeves shall be at least 12 inches below subgrade at street crossings.
Fire System:
54. In accordance with the City of Fairfield Standards and Specifications, each legal parcel shall have fire services separately connected to the public main. Connecting to existing private fire infrastructure shall not be allowed.
55. The City of Fairfield Fire Department requires separate shop drawings submitted directly to the Fire Department for review. The Developer shall furnish and provide all necessary documents to the Fairfield Fire Department for their review and approval.
56. Fire hydrants may be required on-site. Proposed buildings will require fire sprinklers. Contact the Fire Department for details.
57. Show the size and location of proposed fire lines, hydrants, fire sprinkler risers and backflow prevention devices on the plan. Show the size and location of water mains and the proposed points of connection for fire lines.
58. A backflow preventor is required on the fire line. An above grade double check detector check valve is required on lines which serve building fire sprinklers.
Specify the manufacturer, size and location of the fire line backflow preventor.
Sewer System:
59. Proposed sewer services, within the public right-of-way, shall be constructed per current City Standard Details and Specifications.
60. Show the size and location of existing and proposed sewer laterals and cleanouts on the site plan. Show the size and location of sewer mains and the proposed points of connection for sewer laterals.
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Sunset Avenue Apartments
November 3, 2021
61. Developer shall connect proposed sewer utilities to existing public infrastructure per current City Standards and Specifications. Service laterals for industrial or commercial developments shall be minimum six (6) inches. Service laterals eight (8) inches or larger shall require connection to existing public infrastructure via a City Standard sewer manhole, per City Standard Detail SS2, and may require connection to on-site private infrastructure via a manhole, in-lieu of a cleanout.
62. Existing services that are to remain unused shall be abandoned per City requirements.
Storm Drain System:
63. Developer shall connect proposed storm drainage utilities to existing public infrastructure per current City Standards and Specifications. Direct connections to public infrastructure shall not be allowed and connections shall only be at existing or proposed storm drain structures.
64. Storm drainage for the 15-year storm shall be collected on-site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm drains and catch basins on the site plan. Show the size and location of public storm drain lines and the proposed points of connection for the on-site storm drain system.
65. Grading and drainage shall be designed so that surplus drainage (above and beyond that of the 15-year storm) not collected in site catch basins, is directed overland so as not to jeopardize existing or proposed buildings with flooding.
Parking Lot:
66. Drive aisles shall be a minimum of 24 feet wide.
67. The pavement section for the proposed parking lot shall be designed by a Geotechnical Engineer. The Public Works Department requires a minimum of 2 inches of asphalt concrete on 6 inches of aggregate base for light traffic areas. A minimum of 3.5 inches of asphalt concrete on 8 inches of aggregate base is required in areas where truck traffic is anticipated.
68. Parking lot construction shall be certified by design consultants. The project Geotechnical Engineer shall certify that "as-built" pavement sections and site compaction comply with the project Geotechnical Report and Site Plans.
69. The developer shall furnish a parking lot lighting, signing and striping plan.
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Sunset Avenue Apartments
November 3, 2021
Landscaping:
70. The project architect and engineer shall coordinate design closely with the project landscape designer. Specifically, they shall consult the landscape designer to evaluate and address issues related to:
Fencing/wall layout and details
Locations and sizes for irrigation services
Locations, depths and sizes for irrigation and control wire sleeves at driveways and street crossings
Sight distance constraints for fencing and landscaping Depth of cover and tree setbacks over water, sewer and storm drain lines in landscape areas
71. Landscaping and irrigation plans shall be designed to comply with the City's Water Efficient Landscaping Ordinance. Use of turf and other water intensive landscaping shall be minimized.
Right-of-Ways and Easements:
72. All property lines and easements shall be shown on the site plan.
Miscellaneous:
73. All public improvements shall be designed and constructed to current City of Fairfield standards.
74. Existing public facilities damaged during the course of construction shall be repaired by the developer, at his sole expense, to the satisfaction of the City Engineer.
75. Prior to beginning construction of public improvements, the developer or his contractor shall obtain an encroachment permit from the City. The developer or his contractor shall furnish the necessary insurance, bonds and pay all fees associated with the encroachment permit. A field investigation fee shall be charged if any work within the right-of-way is performed either without or prior to securing an encroachment permit.
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MEMORANDUM
FAIRFIELD FIRE DEPARTMENT
DATE: September 22, 2022
TO: Jonathan Atkinson, Community Development Department
FROM: Bryan Just, Fire Department
SUBJECT: DR2021-017, Sunset Ave Apartments, FD, Comment
Comments made during the D.A.R.T / P&E and planning review process are preliminary in nature. Acceptance/approval does not permit non-compliance with codes, standards or ordinances. Comments may be made during the building permit and fire permit process.
Entitlement Conditions.
F1. Provide a fire department access plan. The plans shall identify two points of access to the proposed project site and show dimensions for widths and radius.
The fire lanes shall meet the width and radius requirements in item 5 below.
GENERAL NOTES for reference and reminder; the following items may need to be addressed during the design, development, and permitting process.
1. Projects with multiple lots, or, which have shared access and utilities, are required to have legal agreements for shared access and utility easements. Building associations may be needed for maintenance and service of common property.
2. Illuminated premises identification (building address) is required per 2019 CFC 505, and City of Fairfield Ordinance. Address and/or suite identification shall also be placed on the front and rear doors to individual suites. Multiple buildings in a complex with the same address shall identify the buildings separately with building signage visible from the main property entrance.
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2 3. Fire Control Rooms are required in all commercial buildings with fire sprinklers per City of Fairfield Ordinance. A Fire control room containing the fire sprinkler riser and the fire alarm control panel shall be provided. Access to the fire control room shall be from the exterior and identified with signage. The fire control room shall be a minimum of 5’x7’. Where a fire pump house is provided, the pump house shall be the fire control room. Fire control rooms, pump house and electrical rooms must be identified by signage.
4. Emergency Access Knox Box required at the fire control room, near front entrance and/or other areas as determined by the Fire Department. See Fire Prevention Standard #87-7.
5. Fire access lanes/roads must be provided within 150 feet from all portions of the building. Minimum 20 foot wide, 13’-6” high fire lanes shall provide 28 feet inside radius and 48 feet outside radius for apparatus turning. Where the building is greater than 30 feet in height, Fire Access shall be designed and maintained including widths of 26 feet for Aerial Apparatus (Ladder Truck). Access to rescue windows, balconies and the building roof shall be considered as part of mature landscape design. Access shall be per 2019 CFC 503, 504, and Appendix D and Fairfield Fire Prevention Standard 87-27. Provide fire department access plans showing compliance.
6. Signage identifying fire lanes is required on curbing adjacent to the buildings, fire hydrants, and fire sprinkler equipment as needed to provide clear access. See Fire Prevention Standard #92-40.
7. Gates and fencing on commercial properties shall be in compliance with the 2019 CBC, City of Fairfield ordinances and Fire Prevention Standard 95-44. All gates on commercial properties crossing fire access lanes shall be power operated and provided with Click-2-Enter and Knox key switches for emergency operations. Gates shall be placed in such a way to allow fire department apparatus to fully exit the roadway before/while operating the gates.
8. The number of fire hydrants to be determined by fire flow requirements per CFC Appendix B and C. If additional hydrants are necessary, they must be installed per Fire Prevention Standard #87-4. Additional hydrant(s) may be required to support the fire sprinkler system. Two city water connections are required when three on site hydrants are required. City hydrants shall be identified and used to meet the hydrant counts when possible.
9. Automatic sprinkler systems will be required for the proposed new buildings as specified in Section 903.2 of the California Fire Code and the City of Fairfield Ordinance 2016-24 and Fairfield Fire Prevention Standard 87-28. All commercial buildings greater than 5,000 square feet, and all new residential buildings shall install fire sprinkler systems. All existing buildings with fire sprinklers where a T.I. is constructed or a change of use is proposed, shall have the fire sprinkler system Packet Page 330 of 356Attachment 6 Page 132 of 158
3 evaluated for compliance with the new/proposed use. Where alterations are required for compliance a separate permit is required. Installations shall comply with the National Fire Code Standards 13, 13D and 24 as applicable. Plans shall be submitted to the Fire Department directly for review and approval prior to issuance of any permits and performance of any inspections or tests. Fire flow report from the fire department is required for hydraulic calculation.
10. All fire alarm systems shall be provided in compliance with 2019 CFC, 2019 NFPA 72 Fairfield City Ordinance and Fairfield Fire Prevention Standard 17-3. All fire alarm systems shall be supervised by an approved UL central station service. Monitoring systems shall conform to NFC Standards 70, NFPA 72 and the California Fire Code.
The subcontractor responsible for the installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.
11. Provide Emergency Responder Radio Coverage per 2019 CFC section 510.
12. Provide one 2A-10-BC dry chemical fire extinguisher for every 3,000 square feet of floor area with a maximum travel distance not to exceed 75 feet.
13. Exterior storage is not permitted within 10 feet of a commercial building or 10 feet of the property line. Use of a commercial property for outdoor storage shall request a use permit from the city planning department.
14. Identify the use or storage of hazardous, toxic, flammable or corrosive materials on site that may require special construction or protection systems. Annual fire permits are applied to businesses containing materials or performing operations identified as having an increased hazard. Permits conform to 2019 CFC, City of Fairfield Ordinances, and Fairfield Fire Prevention Standards.
Note: Fire pumps, stationary water supply, underground fire service, overhead fire sprinkler systems, fire alarm systems and gates crossing fire access are required to have separate plans and permits. All hood suppression, special monitoring system, clean agent, high pile storage, or the like shall be submitted for separate permit. The licensed contractor responsible for the design and installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.
[END]
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Fairfield-Suisun Sewer District
1010 Chadbourne Road ● Fairfield, California 94534 ● (707) 429-8930 ● www.fssd.com
10/14/2021
MEMORANDUM
TO: City of Fairfield Community Development Department
ATTN: Brian Miller
FROM: Kyle Broughton
SUBJECT: Sunset Avenue Apartments, 1776 Sunset Avenue
APNs 0031-030-200, 0031-030-210, 0031-060-480
AX2021-002, DR2021-017, ER2021-039, LLA2021-010
In response to the application for the project named above, the Sewer District requires the following:
1) Sewer capacity fees are required to be paid upon issuance of a building permit.
2) Annexation of the southerly parcel into the City of Fairfield is required in order to obtain sewer service.
3) A site plan indicating the proposed sanitary sewer improvements, conforming to City of Fairfield and Fairfield-Suisun Sewer District standards, shall be submitted for approval.
4) Any existing sewer services (or sewer manhole stub outs) to the parcel that are not proposed for re-use shall be capped at the main (or manhole). Any existing sewer connections to the affected parcel(s) that are proposed for re- use shall be inspected for suitability for re-use and replaced if found not suitable for re-use.
Please send your comments directly to Kyle Broughton ([email protected]) or:
Fairfield-Suisun Sewer District
1010 Chadbourne Road
Fairfield, CA 94534-9700
Sent via email
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CIT Y O F FA IR FIEL D
P LA N N IN G C O MM ISS IO N
M IN U T ES
SEPTEMBER 28, 2022
REGULAR MEETING
6:00 P.M.
I. ROLL CALL
Present: Chairperson CHILDS, Jerome
Commissioner EVANS, Lerecia
Commissioner GREVE, Don
Commissioner MATT HEWS, Chris
Commissioner PAUL, Shashi
Commissioner WER BLIN, Tina
Absent: Vice-Chairperson CRUZEN, Melissa
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Paul.
Ill. INFORMATION ON SPEAKER CARDS
I~ APPROVAL OF AGENDA
Commissioner Werblin made a motion to appro ve the agenda as submitted. The motion was seconded by Commissioner Paul. The motion was appro ved unanimously by roll call vote, with Vice-Chairperson Cruzen absent.
V. APPROVAL OF MINUTES OF SEPTEMBER 14, 2022
Commissioner Evans made a motion to approve the Minutes for the Planning Comm ission's September 14, 2022, meeting. The motion was seconded by Commissioner Paul. The motion was approved unanimously by roll call vote, with Vice-Chairperson Cruzen absent.
VI. PUBLIC COMMENTS
The following persons spoke during public comments
• Nora Martinez, PO Box 379 Fairfield
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VII . S C H E DU LE D M A TT E R S
IT E M A S UN S E T A V E N U E A P A R T M E N T S
RESOLUTION PC2022-10
A RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW (DR2021- 017) FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH 130 APARTMENTS AND ASSOCIATED SITE IMPROVEMENTS ON 8.71 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF SUNSET AVENUE AND EAST TABOR AVENUE (APNs: 0037-030-200; 0037-030-210; and 0037-060-480); RECOMMENDING THE FAIRFIELD CITY COUNCIL FIND THE PROPOSED ANNEXATION OF 2.82-ACRES (APN: 0037-060-480)
CONSISTENT WITH THE CITY'S GENERAL PLAN AND MUNICIPAL SERVICES REVIEW AND REQUEST THE
SOLANO LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY, APPROVE ZONE CHANGE (ZC2021-006), AND ADOPT A MITIGATED NEGATIVE DECLARATION (ER2021-039).
Senior Planner Jonathan Atkinson made a presentation on the item and answered questions.
Planning Division Manager Dave Feinstein also answered questions.
The following person spoke during the public comment period:
• Brent Little, Michelson Drive, Irvine, on behalf of the applicant Commissioner Evans made a motion to appro ve the project, with conditions as co ntained in proposed Resolution PC2022-10 but Planning condition 1.1.b was modified to require 20-30 hand float finish for buildings. The motion was seconded by Commissioner Paul. The motion was approved unanimously by roll call vote, with Vice-Chairperson Cruzen absent.
ITEM B 2022 ZONING ORDINANCE AMENDMENTS
RESOLUTION 2022-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF FAIRFIELD, TO CORRECT INADVERTENT OMISSIONS, ADJUST
PERMITTED USES, UPDATE TABLES, AND UPDATE DEVELOPMENT STANDARDS AND REGULATIONS
RELATING TO GARAGE CONVERSIONS, SMALL LOT AND MIXED-USE DEVELOPMENT, AND RESIDENTIAL SIDEYARD SETBACKS.
Associate Planner Jessie Hernandez made a presentation on the item and answered questions.
Planning Division Manager Dave Feinstein also answered questions.
The following person spoke during the public comment period:
• Jasmine Singh
Commissioner Werblin made a motion to appro ve Resolution 2022-11, with the proposed percentage of usable open space required for Small Lot subdivisions increased from 2% to 3%.
The motion was seconded by Commissioner Greve. The motion was approved 5-1 by roll call vote, with Commissioner Evans opposed and Vice-Chairperson Cruzen absent.
S:\Planning\PC Meetings\Minutes\2022\2022-9-28 Minutes.docx Community Development Department
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VIII. INFORMATION AND COMMUNICATIONS
ITEM A DIRECTOR'S REPORT AND COMMISSIONER'S COMMENTS
Mr. Feinstein noted that, following discussions at the last meeting and public comment afterward regarding the market demand for grocery stores, staff would be preparing some information for the Commission on the topic, be provided at an upcoming meeting. He also noted that there is an item for the next meeting's agenda, an appeal of a Zoning Administrator condition for a vehicle storage facility.
IX. ADJOURNMENT TO NEXT MEETING OF OCTOBER 12, 2022
Respectfully submitted,
(\
(\-juv-L {-~-'----·~
DAVID FEINSTEIN
Planning Commission Secretary
S:\Planning\PC Meetings\Minutes\2022\2022-9-28 Minutes.docx Community Development Department
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STAFF REPORTMeetingDate:To:From:Subject:September 28,202LChairperson and Members of the Planning CommissionCommunity Development DepartmentITEM A: SUNSET AVENUE APARTMENTSResolution No. PC2022 -10Annexation (ANX2021-002)Zone Chan g e (ZC2O2L-O06)Development Review (DR2021-017)Environmental Review (ER2021-039)Location: Southeast Corner of Sunset Avenue and East Tabor Avenue(APNs: OO37-O3O-200; 0037-O30-210; and 0037-060-480)Applicant: Ryan Keith, TK Consulting, lnc.Owner: Fairfield TerrylandA public hearing on the request of Ryan Keith of TK Consulting, lnc' for amultifamily residential development involving 130 apartments on an 8.71-acresite at the southeast corner of Sunset Avenue and East Tabor Avenue (APNs: 0037-030-200; 0037-030-210; 0037-060-480). The apartments will be sited within 26two-to-three story buildings and include 90 two-bedroom units and 40 three-bedroom units. Additionally, the project will include a single-story leasing office,recreational amenities, parking, landscaping, and associated site improvements'Approximately 2.82-acres of the project site (APN: 0037-060-480)will require CityCouncil approval of an Annexation into Fairfield City limits and a Zone Change fromResidential, Low Medium Density (RLM) District to Residential, Medium Density(RM) District. The proposed Mitigated Negative Declaration finds that the projectwill not have a significant effect on the environment. (Planner: Jonathan Atkinson,7 07 -428-7 387, i atki n son @fa i rfi eld.ca.eov)City of FairfieldPrepared by:Reviewed by:ttACommunityDevelopment DepartmentillPacket Page 337 of 356Attachment 6 Page 139 of 158
PC ITEM NO.: A PC DATE: 09/28/2022 PC FILE NO.: ANX2021-002, ZC2021-006, DR2021-017, and ER2021-039 PAGE 2 \\FAIRFIELD.CITY\COMMUNITY DEVELOPMENT\PLANNING\PC MEETINGS\PC-2022\22-09-28\ITEM A - SUNSET AVENUE APARTMENTS\1 ANX2021-002 PC STAFF REPORT 2022-09-28.DOCX
SITE INFORMATION
A. Location: Southeast Corner of Sunset Avenue and East Tabor Avenue (APNs: 0037-030-200; 0037-030-210; and 0037-060-480)
B. Parcel Size: 8.71
C. Zoning and Land Use: Zoning Land Use
Project Site: RM / RLM (Pre-Zone) Vacant
North: RH Residential
South: RLM Residential
East: OSC Laurel Creek Channel
West: RH / RLM Residential
D. General Plan Designations:
Project Site: Medium Density Residential
North: High Density Residential
South: Medium Density Residential
East: Public Facilities
West: High Density Residential
Low Medium Density Residential
E. Site Characteristics/Special Features: Three parcels of land comprise the 8.71-acre project site at the southeast corner of Sunset Avenue and East Tabor Avenue. The project site is bounded by East Tabor Avenue to the north, Sunset Avenue to the west, and the Laurel Creek Flood Control Channel to the east. There are existing developments that surround the project site, including multifamily residences and an office to the north, multifamily and single-family residences to the west, single-family residences to the south, and Grange Middle School to the east. The project site is largely characterized by undeveloped land, a relict channel with seasonal wetlands, and vegetation. The southernmost portion of the project site includes a vacant single-family residence, concrete slab, asphalt, well, and a collection of trees that will be demolished as part of the project.
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PC ITEM NO.: A PC DATE: 09/28/2022 PC FILE NO.: ANX2021-002, ZC2021-006, DR2021-017, and ER2021-039 PAGE 3 \\FAIRFIELD.CITY\COMMUNITY DEVELOPMENT\PLANNING\PC MEETINGS\PC-2022\22-09-28\ITEM A - SUNSET AVENUE APARTMENTS\1 ANX2021-002 PC STAFF REPORT 2022-09-28.DOCX
PROJECT DESCRIPTION
The project is a multifamily residential development involving 130 apartments on an 8.71-acre site. The apartments will be sited within 26 buildings and include 90 two-bedroom units and 40 three-bedroom units. The residential buildings will range in approximate height from 29 feet at two stories to 35 feet at three stories. The development will include a leasing office with an approximate floor area of 2,550 square feet and a building height of 18 feet at one story. There will be 296 vehicle parking spaces: two garage spaces will be available for each unit and 36 spaces for guests. Approximately 2.82-acres of the project site, 1776 Sunset Avenue (APN: 0037-060- 480), will require City Council approval of an annexation into Fairfield city limits and a Zone Change from Residential, Low Medium Density (RLM) District to Residential, Medium Density (RM) District.
A. Dwelling Units/Density: 130 units on 8.71 acres / 15 units per acre.
The allowed density range for the RM District is 8 to 15 units per acre under Zoning Ordinance Table 25-4.
B. Landscape Improvements: The following landscape improvements are required for the project under Zoning Ordinance Table 25-4:
• 5 feet of landscaping along the interior property line to the east and 10 feet of landscaping along the interior property line to the south. • One tree for every 25 feet of street frontage.
• One tree for every 325 square feet of landscape area (for which 7 percent shall be a box-sized species).
The project is consistent with the minimum landscape requirements, as proposed and conditioned.
C. Parking Required/Provided: 279 Spaces Required / 296 Spaces Provided
The project requires 11 bicycle parking spaces under Zoning Ordinance Section 25.34.8.
The project is consistent with parking requirements, as proposed and conditioned.
D. Setbacks: Required Provided
Front: 20 feet 20 feet
Rear: 15 feet 15 feet
Sides:
Left: 20 feet 20 feet
Right: 15 feet 25 feet
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ANALYSIS FOR PLANNING COMMISSION
A. General Plan/Zoning Consistency: The site has a General Plan land use designation of Medium Density Residential. The project is consistent with this land use designation in that the General Plan anticipates a variety of attached residential units, such as duets, townhomes, rowhouses, condominiums, and apartments for properties with the Medium Density Residential designation.
The project is consistent with the following General Plan Objectives:
• Objective HO 1: Provide for varied housing opportunities, in terms of type, price, amenities, neighborhood design, and location, for all income groups and family types.
• Objective HO 2: Encourage infill housing in developed areas of the City.
• Objective LU 8: Develop and maintain a pattern of residential land uses which provides for a variety and balance of densities and opportunities for a mixture of different dwelling and tenure types.
• Objective LU 11: Provide multi-family ownership and rental units in a variety of cost ranges dispersed throughout the City.
• Objective LU 18: Encourage infill development and compact growth.
• Objective UD4: Ensure high standards of quality in development.
• Objective UD 8: Encourage and approve infill development which is compatible with the surrounding area.
The Medium Density Residential designation is implemented by the zoning designation of RM and RLM districts. To facilitate the proposed multifamily residential development, the project requires City Council approval of a Zone Change of approximately 2.82-acres of the project site (APN: 0037-060-480) from RLM to RM. All the parcels that comprise the project site would then be zoned RM with an allowable density range of 8 to 15 units per acre. The project is consistent with the applicable development standards of the Zoning Ordinance, as proposed and conditioned.
B. Annexation: The project involves a request for the annexation of a 2.82-acre parcel (APN:
0037-060-480) into the City of Fairfield, as previously discussed. The 2.82-acre parcel is an island of land currently under the jurisdiction of Solano County but situated within Fairfield city limits. The annexation is necessary for the facilitation of the project and the provision of City services, such as water and sewer, to serve the project’s utility needs.
To support the annexation request, services must be available for the site, the annexation Packet Page 340 of 356Attachment 6 Page 142 of 158
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must be consistent with the City’s General Plan and Municipal Services Review, and the site must have a pre-zoning designation. The Municipal Services Review is a document approved by the Solano Local Agency Formation Commission (LAFCO) that identifies potential annexations, and the City’s ability to provide services to annexation areas.
The project meets all the requirements for annexation. Full utilities and services are available to serve the annexation area. The annexation area is within the City’s Sphere of Influence and Urban Limit Line and has a General Plan designation for Medium Density Residential development. The annexation area will be rezoned from RLM to RM to facilitate the multifamily residential development at 15 units per acre. Finally, the most recent Municipal Service Review approved by LAFCO identifies the site as Annexation Area “I”. This site is identified as an “Island Annexation” (surrounded by existing municipal boundaries), for which the City encourages annexation to promote the efficient provision of urban services and utilities. Based on these considerations, staff concludes that required findings can be made to support the proposed annexation.
The project will require LAFCO approval of the proposed City of Fairfield annexation, Fairfield Suisun Sewer District annexation, Suisun Fire Protection District detachment, and Solano County Lighting Service Area detachment. As a condition of approval, project entitlements will not be valid until LAFCO approves and completes the proposed annexation into the City of Fairfield.
C. Development Review: The project is consistent with the applicable standards for development under the Zoning Ordinance and the City’s Design and Development Guidelines for multifamily residential projects, as proposed and conditioned. The project presents a contemporary representation of the Spanish Colonial architectural style. The buildings employ a variety of materials and elements, and complementary colors to create a high-quality design. The project utilizes elements that are typical of Spanish Colonial architecture, such as concrete roof tiles, stucco, wood fascia, beams, trim, corbels, hoods, vents, recessed grilles, decorative braces, window and door trim elements, decorative tile, and metal railings, louvers, and gates. Garage parking is located at the rear of each residential building allowing the project to present the principal elevations and establish an active building-streetscape with patios and front windows facing Sunset Avenue and East Tabor Avenue. Two-story residential buildings are sited along both street frontages and adjacent to the single-family residences to the south whereas three-story residential buildings are sited within the interior of the project site and adjacent to the Laurel Creek Channel. Project landscaping consists of a variety of trees, shrubs, and groundcovers to soften and complement hardscape improvements. A landscaped detention basin will be provided at the southeast corner of the project site near the Laurel Creek Channel. The project will be enclosed by tubular steel fencing along both street frontages and the Laurel Creek Channel. The existing wood fence that abuts the single-family residences to the south will be replaced with a new block wall. The Packet Page 341 of 356Attachment 6 Page 143 of 158
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required findings to approve the Development Review are presented in Section 6 of the attached Resolution.
D. Environmental Review: Following a review of the project, staff prepared an Initial Study to analyze potential environmental impacts under the California Environmental Quality Act (CEQA). Based on the findings of the Initial Study, potential significant environmental impacts regarding biological resources, cultural resources, transportation, and tribal cultural resources were identified. All the identified environmental impacts can be reduced to insignificant levels through the implementation of the mitigation measures.
Therefore, a draft Mitigated Negative Declaration and Mitigation Monitoring Plan have been prepared for the project in compliance with CEQA requirements.
E. Correspondence: A public hearing notice and Notice of Intent to Adopt a Mitigated Negative Declaration (Notice of Intent) were published in the Daily Republic newspaper, filed with the Solano County Clerk, posted on the City of Fairfield Planning Division webpage, and mailed to all persons who own property within 500 feet of the subject property and the applicant on August 29, 2022. The Notice of Intent and draft Mitigated Negative Declaration were also posted on the State Clearinghouse webpage of the Governor’s Office of Planning and Research for review from August 31, 2022, through September 29, 2022. At the time of this writing, the staff has not received any correspondence regarding the project.
RECOMMENDATION
Based on the analysis contained in this staff report, staff concludes that the project meets the required findings for Annexation, Zone Change, and Development Review. Staff recommends that the Planning Commission adopt Resolution No. 2022-10 approving the requested Development Review and recommending City Council approval of the requested Annexation and Zone Change and adoption of a Mitigated Negative Declaration.
Attachments:
1. Planning Commission Resolution No. 2022-10, with attached:
• Exhibit A – Mitigation Negative Declaration, Mitigation Monitoring Program, and Initial Study
• Exhibit B – Draft Ordinance for Zone Change
• Exhibit C – Conditions of Approval
2. General Plan Land Use Exhibit
3. Zoning Exhibit
4. Plans
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DocuSign Envelope ID: 5C4914F9-7CBC-4BA2-A4 4D-74402264B0EF State of California - Natural Resources Agency
DEPARTMENT OF FISH AND WILDLIFE
Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
(707) 428-2002
www .wildlife.ca.gov
GAVIN NEWSOM. Governor ,.--w.T-/-:---" ..... ...,,."11,..
CHARLTON H. BONHAM, Director , •' .......,a;;i,o.,-,
September 27, 2022
Jonathan Atkinson, Senior Planner
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
[email protected]
Subject: Sunset Avenue Apartments, Mitigated Negative Declaration, SCH No. 2022080702, City of Fairfield, Solano County
Dear Mr. Wilberg:
The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) from the City of Fairfield (City) for the Sunset Avenue Apartments (Project) pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1
CDFW is submitting comments on the MND to inform the City, as the Lead Agency, of potentially significant impacts to biological resources associated with the Project.
CDFWROLE
CDFW is a Trustee Agency with responsibility under CEQA pursuant to CEQA Guidelines section 15386 for commenting on projects that could impact fish, plant, and wildlife resources. CDFW is also considered a Responsible Agency if a project would require discretionary approval, such as permits issued under the California Endangered Species Act (CESA) or Native Plant Protection Act, the Lake and Streambed Alteration (LSA) Program, or other provisions of the Fish and Game Code that afford protection to the state's fish and wildlife trust resources.
PROJECT DESCRIPTION SUMMARY
Proponent: Sunset Avenue Apartments
Objective: Construct a multifamily residential development involving 130 apartments on an 8. 71-acre site. Approximately 2.82-acres of the project site will require City Council approval of an Annexation into Fairfield City limits and a Zone Change from Residential, Low Medium Density District to Residential, Medium Density District. 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000.
Conserving Ca[ifornia 's WiU[ife Since 18 70
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DocuSign Envelope ID: 5C4914F9-7CBC-4BA2 -A44D-74402264B0EF Jonathan Atkinson
City of Fairfield
September 27, 2022
Location: City of Fairfield, Solano County, at the intersection of Sunset Avenue and East Tabor Road, approximate centroid of 38.263761, -122.019286 (NAO 83), Assessor's Parcel Number 0037-060-480.
REGULATORY REQUIREMENTS
California Endangered Species Act
Please be advised that a CESA Incidental Take Permit (ITP) must be obtained if the Project has the potential to result in "take" of plants or animals listed under CESA either during construction or over the life of the Project. The Project has the potential to impact Swainson's hawk (Buteo swainsom), a CESA listed as threatened species, as further described below. Issuance of an ITP is subject to CEQA documentation; the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will impact CESA listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required in order to obtain an ITP.
CEQA requires a Mandatory Finding of Significance if a project is likely to substantially restrict the range or reduce the population of a threatened or endangered species. (Pub.
Resources Code,§§ 21001, subd. (c) & 21083; CEQA Guidelines,§§ 15380, 15064, & 15065). Impacts must be avoided or mitigated to less-than-significant levels unless the CEQA Lead Agency makes and supports Findings of Overriding Consideration (FOC).
The CEQA Lead Agency's FOC does not eliminate the Project proponent's obligation to comply with CESA.
Lake and Streambed Alteration
CDFW requires an LSA Notification, pursuant to Fish and Game Code section 1600 et seq., for Project activities affecting lakes or streams and associated riparian habitat.
Notification is required for any activity that may substantially divert or obstruct the natural flow; change or use material from the bed, channel, or bank including associated riparian or wetland resources; or deposit or dispose of material where it may pass into a river, lake, or stream. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains are subject to LSA Notification requirements. As described in the MND (page 6), the Project would impact a stream and obtain an LSA Agreement from CDFW. Thank you for including obtaining an LSA Agreement as a mitigation measure. CDFW would consider the CEQA document for the Project and may issue an LSA Agreement. CDFW may not execute the final LSA Agreement until it has complied with CEQA as a Responsible Agency.
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City of Fairfield
September 27, 2022
Raptors and Other Nesting Birds
CDFW has jurisdiction over actions that may result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code sections protecting birds, their eggs, and nests include sections 3503 (regarding unlawful take, possession or needless destruction of the nests or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird). Migratory birds are also protected under the federal Migratory Bird Treaty Act.
COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. Editorial comments or other suggestions may also be included to improve the document. Based on the Project's avoidance of significant impacts on biological resources with implementation of mitigation measures, including those CDFW recommends, CDFW concludes that an MND is appropriate for the Project.
I. Mitigation Measure and Related Impact Shortcoming
MANDA TORY FINDING OF SIGNIFICANCE. Does the Project have potential to substantially reduce the number or restrict the range of an endangered, rare or threatened species?
COMMENT 1: Swainson's Hawk, Page 22
Issue: The MND includes Mitigation Measure BIO-2, pre-construction surveys for Swainson's hawk. Mitigation Measure BIO-2 does not specify how many surveys will occur and indicates that surveys must be conducted between March 1 and August 31 within 15 days of the start of construction. The proposed survey may not detect nesting Swainson's hawks.
The Project site is within the draft Solano Multispecies Habitat Conservation Plan (HCP) Valley Floor Grassland Conservation Area, and according to the draft Solano HCP Mitigation Measure SH 2 for Swainson's hawk, Valley Floor Grassland Foraging habitat should be mitigated at a ratio of 1: 1 (see Section 6.4.8 and Figure 4-21 of the draft Solano HCP at: https://www.scwa2.com/solano-multispecies-habitat-conservation-plan/) .
Specific impacts, why they may occur and be potentially significant: If the Project occurs during nesting season, any nesting Swainson's hawks within 0.25 miles of the Project site could be disturbed by Project activities resulting in nest abandonment or Packet Page 345 of 356Attachment 6 Page 147 of 158
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City of Fairfield
September 27, 2022
reduced health and vigor of young, take of the species pursuant to CESA, and a substantial reduction in the species' population, which would be a mandatory finding of significant impact (CEQA Guidelines, § 15065).
The Project would result in the removal of potential foraging habitat for Swainson's hawk; however, no compensatory habitat mitigation is proposed in the MND. The breeding population of Swainson's hawks in California has declined by an estimated 91 % since 1900 and the species continues to be threatened by on-going and cumulative loss of foraging habitat (CDFW 2016). Therefore, reduction of Swainson's hawk foraging habitat would be a potentially significant impact.
Recommended Potentially Feasible Mitigation Measures: To reduce potential impacts to Swainson's hawk to less-than-significant, CDFW recommends including the below mitigation measures.
Mitigation Measure Bio-1 (Swainson's Hawk Surveys and Avoidance Buffer): If Project activities are scheduled during the nesting season for Swainson's hawks (March 1 to September 15), prior to beginning work on the Project, a qualified biologist shall conduct surveys according to the Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley.2 Survey methods shall be closely followed by starting early in the nesting season (late March to early April) to maximize the likelihood of detecting an active nest (nests, adults, and chicks are more difficult to detect later in the growing season because trees become less transparent as vegetation increases). Surveys shall be conducted: 1) within a minimum 0.25-mile radius of the Project site or a larger area if needed to identify potentially impacted active nests, and 2) for at least the two survey periods immediately prior to initiating Project-related construction activities. Surveys shall occur annually for the duration of the Project. The qualified biologist shall have a minimum of two years of experience implementing the survey methodology resulting in detections. If active Swainson's hawk nests are detected, the Project shall implement a 0.25-mile construction avoidance buffer around the nest until the nest is no longer active as determined by a qualified biologist. If take of Swainson's hawk cannot be avoided, the Project shall consult with CDFW pursuant to CESA and obtain an ITP. CDFW Bay Delta Region staff is available to provide guidance on the ITP application process.
Mitigation Measure Bio-2 (Swainson's Hawk Foraging Habitat Mitigation): Impacts to Swainson's hawk foraging habitat shall be quantified by a qualified biologist based on the final Project design plans, and the Project shall obtain written acceptance of the acreage of habitat impacts from CDFW. Consistent with the draft Solano HCP, prior to Project construction, the Project shall provide Swainson's hawk foraging habitat 2 Swainson's Hawk Technical Advisory Committee, 2000.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=83990&inline Packet Page 346 of 356Attachment 6 Page 148 of 158
DocuSign Envelope ID: 5C4914F9-7CBC-4BA2-A4 4D-74402264B0EF Jonathan Atkinson
City of Fairfield
September 27, 2022
mitigation at a 1: 1 ratio which shall include: 1) permanent preservation of the species' foraging habitat through a conservation easement and implementing and funding a long-term management plan in perpetuity, or 2) purchase of Swainson's hawk foraging habitat credits at a CDFW-approved mitigation bank in Solano County.
Would the Project 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 CDFWor U.S. Fish and Wildlife Service (USFWS)?
COMMENT 2: Burrowing owl (Athene cunicularia), Page 22
Issue: The MND includes Mitigation Measure Bio-1, pre-construction surveys for burrowing owl. Mitigation Measure 810-1 specifies that surveys must be conducted between February 1 and August 31 and within 15 days of the start of construction. The proposed survey may not detect burrowing owls. The Project is within the wintering range of burrowing owl, therefore surveys for wintering burrowing owl should also be conducted.
Additionally, mitigation for burrowing owl foraging habitat and potential occupied burrows is unclear. According to the draft Solano HCP Mitigation Measure BO 1 for burrowing owl, burrowing owl habitat should be mitigated at a ratio of 1 :1 (see Section
6.4.9 and Figure 4-21 of the draft HCP).
Specific impacts, why they may occur and be potentially significant: The Project could result in burrowing owl nest abandonment, loss of young, reduced health and vigor of owlets, injury or mortality of adults, and permanent wintering (i.e., non-nesting) or nesting habitat loss. Additionally, the Project may result in a permanent reduction of burrowing owl foraging habitat in Solano County. Burrowing owl is a special-status species because the species' population viability and survival are adversely affected by risk factors such as precipitous declines from habitat loss, fragmentation, and degradation; evictions from nesting sites without habitat mitigation; wind turbine mortality; human disturbance; and eradication of California ground squirrels (Spermophilus beecheyi) resulting in a loss of suitable burrows required by burrowing owls for nesting, protection from predators, and shelter (Shuford and Gardali 2008; Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012); personal communication, CDFW Statewide Burrowing Owl Coordinator Esther Burkett, May 13, 2022). Preliminary analyses of regional patterns for breeding populations of burrowing owls have detected declines both locally in their central and southern coastal breeding areas, and statewide where the species has experienced breeding range retraction (Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012); personal communication, Esther Burkett, May 13, 2022). Based on the Packet Page 347 of 356Attachment 6 Page 149 of 158
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September 27, 2022
foregoing, if burrowing owls are wintering or nesting on or within 500 meters of the Project site, or if burrowing owl foraging habitat is removed, Project impacts to burrowing owl would be potentially significant.
Recommended Potentially Feasible Mitigation Measures: To reduce potential impacts to burrowing owl to less-than-significant, CDFW recommends including the below mitigation measures.
Mitigation Measure Bio-3 (Burrowing Owl Surveys): A qualified biologist shall conduct a habitat assessment and surveys, if warranted based on the habitat assessment, following the Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012) methodology3. The habitat assessment and surveys shall encompass the Project area and a sufficient buffer zone to detect owls nearby that may be impacted. Habitat assessments and surveys shall occur each year of Project construction, as conditions may change annually and suitable refugia for burrowing owl, such as small mammal burrows, can be created within a few hours or days. Time lapses between surveys or Project activities shall trigger subsequent surveys including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologist should have a minimum of two years of experience implementing the above methodology. Any detected burrowing owls shall be avoided pursuant to the buffer distances outlined in the Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012), unless otherwise approved in writing by CDFW.
Mitigation Measure Bio-4 (Burrowing Owl Foraging Habitat Mitigation): Impacts to burrowing owl foraging habitat shall be mitigated as described in Mitigation Measure Bio-2 above.
Mitigation Measure Bio-5 (Burrowing Owl Burrow Mitigation): If the Project would impact an unoccupied nesting burrowing owl burrow or burrow surrogate (i.e., a burrow known to have been used in the past three years for nesting), or an occupied burrow (where a non-nesting owl would be evicted as described below), the following habitat mitigation shall be implemented prior to Project construction.
Impacts to each nesting site shall be mitigated by permanent preservation of two occupied nesting sites with appropriate foraging habitat within Solano County, unless otherwise approved by CDFW, through a conservation easement and implementing and funding a long-term management plan in perpetuity. The same requirements shall apply for impacts to non-nesting evicted owl sites.
3 CDFW, 2012. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=83843&inline Packet Page 348 of 356Attachment 6 Page 150 of 158
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September 27, 2022
The Project may implement alternative methods for preserving habitat with written acceptance from CDFW.
Please be advised that CDFW does not consider exclusion of burrowing owls (i.e., passive removal of an owl from its burrow or other shelter) as a "take" avoidance, minimization, or mitigation measure for the reasons outlined below. Therefore, to mitigate the impacts of potentially evicting burrowing owls to less-than-significant, Mitigation Measure Bio-6 outlined above should require habitat compensation with the acreage amount identified in any eviction plan. The long-term demographic consequences of exclusion techniques have not been thoroughly evaluated, and the survival rate of excluded owls is unknown. Burrowing owls are dependent on burrows at all times of the year for survival or reproduction, therefore eviction from nesting, roosting, overwintering, and satellite burrows or other sheltering features may lead to indirect impacts or "take" which is prohibited under Fish and Game Code section 3503.5. All possible avoidance and minimization measures should be considered before temporary or permanent exclusion and closure of burrows is implemented to avoid "take."
ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e)) Accordingly, please report any special-status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data . The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals .
ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089).
CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts on biological resources.
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DocuSign Envelope ID: 5C4914F9-7CBC-4BA2-A44D-74402264B0EF Jonathan Atkinson
City of Fairfield
September 27, 2022
Questions regarding this letter or further coordination should be directed to Alex Single, Environmental Scientist, at (707) 799-4210 or [email protected]; or Melanie Day, Senior Environmental Scientist (Supervisory), at [email protected] or (707) 210-4415.
Sincerely,
~
DocuSigned by:
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1 n c nappe
Regional Manager
Bay Delta Region
Attachment 1. Draft Mitigation and Monitoring Reporting Plan ec: Office of Planning and Research, State Clearinghouse (SCH No. 2022080702)
REFERENCES
CDFW. 2016. Status Review: Swainson's Hawk (Buteo swainsont) in California, reported to the California Fish and Game Commission, five-year status report.
State of California Natural Resources Agency, Sacramento, CA. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=133622&inline CDFW. 2012. Department of Fish and Game Staff Report on Burrowing Owl Mitigation.
State of California Natural Resources Agency, Sacramento, CA.
Shuford, W. D., and Gardali, T., editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.
Solano County Water Agency. 2014. Draft Solano Multispecies Habitat Conservation Plan. https://www.scwa2.com/solano-multispecies-habitat-conservation-plan/ Packet Page 350 of 356Attachment 6 Page 152 of 158
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September 27, 2022
ATTACHMENT 1
Draft Mitigation and Monitoring Reporting Plan
B io logical R esources (BIO )
Mitigatio n Responsible Measure D escription Tim ing Party (M M ) Mitigation Measure B/0-2 (Swainson's hawk Surveys and
Avoidance Buffer): If Project activities are scheduled during the nesting season for Swainson's hawks (March 1 to
September 15), prior to beginning work on the Project, a qualified biologist shall conduct surveys according to the Recommended Timing and Methodology for Swainson's
Hawk Nesting Surveys in California's Central Valley.
Survey methods shall be closely followed by starting early in the nesting season (late March to early April) to
maximize the likelihood of detecting an active nest (nests, adults, and chicks are more difficult to detect later in the Prior to growing season because trees become less transparent as Ground vegetation increases). Surveys shall be conducted: 1) Disturbance within a minimum 0.25-mile radius of the Project site or a and Project MM -8 I0 -1 larger area if needed to identify potentially impacted active nests, and 2) for at least the tw o survey periods continuing Applicant over the immediately prior to initiating Project-related construction course of the activities. Surveys shall occur annually for the duration of Project the Project. The qualified biologist shall have a minimum of tw o years of experience implementing the survey
methodology resulting in detections. If active Swainson's hawk nests are detected, the Project shall implement a
0.25-mile construction avoidance buffer around the nest until the nest is no longer active as determined by a
qualified biologist. If take of Swainson's hawk cannot be avoided, the Project shall consult with CDFW pursuant to CESA and obtain an ITP. CDFW Bay Delta Region staff is
available to provide guidance on the ITP application
process.
Mitigation Measure Bio-2 (Swainson's Hawk Foraging
Habitat Mitigation): Impacts to Swainson's hawk foraging habitat shall be quantified by a qualified biologist based on Prior to Project MM -B I0 -2 the final Project design plans, and the Project shall obtain Ground written acceptance of the acreage of habitat impacts from Disturbance Applicant CDFW. Consistent with the draft Solano HCP, prior to
Project construction, the Project shall provide Swainson's hawk foraoino habitat mitioatlon at a 1 :1 ratio which shall Packet Page 351 of 356Attachment 6 Page 153 of 158
DocuSign Envelope ID: 5C4914F9-7CBC-4BA2-A4 4D-74402264B0EF Jonathan Atkinson
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include: 1) permanent preservation of the species' foraging habitat through a conservation easement and implementing and funding a long-term management plan in perpetuity, or 2) purchase of Swainson's hawk foraging habitat credits at a CDFW-approved mitigation bank in Solano County.
Mitigation Measure Bio-3 (Burrowing Owl Surveys): A
qualified biologist shall conduct a habitat assessment and surveys, if warranted based on the habitat assessment,
following the Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012) methodology. The habitat assessment and surveys shall encompass the Project area and a sufficient buffer zone to detect owls nearby that may be impacted. Habitat assessments and surve~s shall occur each ~ear of Project construction, as conditions may
change annually and suitable refugia for burrowing owl, Prior to Project MM-B10-3 such as small mammal burrows, can be created within a Ground Applicant few hours or days. Time lapses between surveys or Project Disturbance activities shall trigger subsequent surveys including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologist should have a minimum of two years of experience implementing the above
methodology. Any detected burrowing owls shall be
avoided pursuant to the buffer distances outlined in the Department of Fish and Game Staff Report on Burrowing
Owl Mitigation (2012), unless otherwise approved in writing by CDFW.
Mitigation Measure Bio-4 (Burrowing Owl Foraging Habitat Prior to MM-B10-4 Mitigation): Impacts to burrowing owl foraging habitat shall Ground Project be mitigated as described in Mitigation Measure Bio-2 Disturbance Applicant above.
Mitigation Measure Bio-5 (Burrowing Owl Burrow
Mitigation): If the Project would impact an unoccupied
nesting burrowing owl burrow or burrow surrogate (i.e., a burrow known to have been used in the past three years for nesting), or an occupied burrow (where a non-nesting owl would be evicted as described below), the following habitat mitigation shall be implemented prior to Project Prior to Project MM-B10-5 construction. Ground Impacts to each nesting site shall be mitigated by Disturbance Applicant permanent preservation of two occupied nesting sites with appropriate foraging habitat within Solano County, unless otherwise approved by CDFW, through a conservation
easement and implementing and funding a long-term
management plan in perpetuity. The same requirements
shall apply for impacts to non-nesting evicted owl sites.
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DocuSign Envelope ID: 5C4914F9-7CBC-4BA2-A44O-74402264B0EF Jonathan Atkinson
City of Fairfield
September 27, 2022
The Project may implement alternative methods for
preserving habitat with written acceptance from CDFW.
Please be advised that CDFW does not consider exclusion of burrowing owls (i.e., passive removal of an owl from its burrow or other shelter) as a "take" avoidance,
minimization, or mitigation measure for the reasons
outlined below. Therefore, to mitigate the impacts of
potentially evicting burrowing owls to less than significant, Mitigation Measure Bio-6 outlined above should require
habitat compensation with the acreage amount identified in any eviction plan. The long-term demographic
consequences of exclusion techniques have not been
thoroughly evaluated, and the survival rate of excluded owls is unknown. Burrowing owls are dependent on
burrows at all times of the year for survival or reproduction, therefore eviction from nesting, roosting, overw intering, and satellite burrows or other sheltering features may lead to indirect impacts or "take" which is prohibited under Fish and Game Code section 3503.5. All possible avoidance
and minimization measures should be considered before
temporary or permanent exclusion and closure of burrows is implemented to avoid "take."
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Printed on Recycled Paper
SENT VIA ELECTRONIC MAIL
September 27, 2022
Mr. Jonathan Atkinson
City of Fairfield
1000 Webster Street, 2nd Floor
Fairfield, CA 94533
[email protected]
MITIGATED NEGATIVE DECLARATION FOR SUNSET AVENUE APARTMENTS – DATED AUGUST 2022 (STATE CLEARINGHOUSE NUMBER: 2022080702) Dear Mr. Atkinson:
The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the Sunset Avenue Apartments (Project). The Lead Agency is receiving this notice from DTSC because the Project includes one or more of the following: groundbreaking activities, work in close proximity to a roadway, presence of site buildings that may require demolition or modifications, importation of backfill soil, and/or work on or in close proximity to an agricultural or former agricultural site.
DTSC recommends that the following issues be evaluated in the Hazards and Hazardous Materials section of the MND:
1. Appendix H of the MND presents a Phase I Environmental Site Assessment (ESA) for the Project site dated March 2021. According to the Phase I ESA, the DTSC EnviroStor Database listed the Project site as a “School site” and a Phase I ESA was previously performed in 1999. No reference specific to a 1999 Phase I was provided in the MND or Appendix H of the MND. Additionally, the MND and ESA refer to removal of two underground storage tanks (USTs) in 1986 with oversight from the Solano County Health Services Department. According to the MND and ESA, two samples were collected from the UST excavation and did not indicate that a release of petroleum hydrocarbons had occurred. No additional information is provided regarding removal of the USTs A State of California environmental regulatory agency such as DTSC or Regional Water Packet Page 354 of 356Attachment 6 Page 156 of 158
Mr. Jonathan Atkinson
September 27, 2022
Quality Control Board (RWQCB), or a qualified local agency that meets the requirements of Assembly Bill 304 (AB304) should provide regulatory concurrence that the site is safe for construction and the proposed use.
2. The MND should acknowledge the potential for historic or future activities on or near the project site to result in the release of hazardous wastes/substances on the project site. In instances in which releases have occurred or may occur, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. The MND should also identify the mechanism(s) to initiate any required investigation and/or remediation and the government agency who will be responsible for providing appropriate regulatory oversight.
3. Refiners in the United States started adding lead compounds to gasoline in the 1920s in order to boost octane levels and improve engine performance.
This practice did not officially end until 1992 when lead was banned as a fuel additive in California. Tailpipe emissions from automobiles using leaded gasoline contained lead and resulted in aerially deposited lead (ADL) being deposited in and along roadways throughout the state. ADL-contaminated soils still exist along roadsides and medians and can also be found underneath some existing road surfaces due to past construction activities. Due to the potential for ADL-contaminated soil DTSC, recommends collecting soil samples for lead analysis prior to performing any intrusive activities for the project described in the MND.
4. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC’s 2006 Interim Guidance Evaluation of School Sites with Potential Contamination from Lead Based Paint, Termiticides, and Electrical Transformers.
5. If any projects initiated as part of the proposed project require the importation of soil to backfill any excavated areas, proper sampling should be conducted to ensure that the imported soil is free of contamination. DTSC recommends the imported materials be characterized according to DTSC’s 2001 Information Advisory Clean Imported Fill Material.
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Mr. Jonathan Atkinson
September 27, 2022
6. If any sites included as part of the proposed project have been used for agricultural, weed abatement or related activities, proper investigation for organochlorinated pesticides should be discussed in the MND. DTSC recommends the current and former agricultural lands be evaluated in accordance with DTSC’s 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision).
DTSC appreciates the opportunity to comment on the MND. Should you choose DTSC to provide oversight for any environmental investigations, please visit DTSC’s Site Mitigation and Restoration Program page to apply for lead agency oversight. Additional information regarding voluntary agreements with DTSC can be found at DTSC’s Brownfield website.
If you have any questions, please contact me at (916) 255-3710 or via email at [email protected].
Sincerely,
Gavin McCreary
Project Manager
Site Evaluation and Remediation Unit
Site Mitigation and Restoration Program
Department of Toxic Substances Control
cc: (via email)
Governor’s Office of Planning and Research
State Clearinghouse
[email protected]
Mr. Dave Kereazis
Office of Planning & Environmental Analysis
Department of Toxic Substances Control
[email protected]
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