1 CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Community Development Department, Planning Division, 11 English Street, Petaluma, CA 94952 Phone: (707) 778-4470 E- mail: [email protected] DATE: April 16, 2024
TO: Mike Janusek, Senior Planner
FROM: Krystle Rizzi, Principal Planner
SUBJECT: 2 Rovina Lane
Rovina Lane Apartments
California Environmental Quality Act (CEQA) Exemption Memo The City of Petaluma has conducted environmental review in compliance with CEQA Guidelines Section 15061 (Review for Exemption) for the 2 Rovina Lane Affordable Housing Project. Based on the findings of this review, we conclude that the project qualifies for statutory exemption from CEQA pursuant to CEQA Guidelines Section 15194 (Affordable Housing Exemption) . A brief project description and detailed discussion of the exemption applicability are provided in this memo.
PROJECT DESCRIPTION
The project proposes construction of 32 multifamily units in two, three-story buildings on a ± one- acre site. In addition to construction of the 32 multifamily units, the project also proposes installation of landscaping, stormwater treatment facilities, retaining walls, a trash enclosure, and outdoor tenant amenities. Frontage and offsite improvements include installation of utility infrastructure along within Rovina Lane adjacent to the project site as well as within the Rovina Lane utility easement. As proposed, all units will be available at the low-income affordability level (Gov. Code, Section 65915(b)(1)(A)). Full project details are described in the April 23, 2024 Planning Commission staff report.
CEQA STATUTORY EXEMPTION APPLICABILITY
Article 12.5 of the CEQA Guidelines provides statutory exemptions for certain housing projects, including affordable housing projects. The following discussion provides a discussion of the project’s applicability to the affordable housing statutory exemption. 2 15192 - Threshold Requirements for Exemptions for Affordable Housing To qualify for use of the affordable housing statutory exemptions, the project must first demonstrate that it meets the threshold criteria set forth in Section 15192 (Threshold Requirements f or Exemptions for Affordable Housing). Table 1 provides an evaluation of the project’s consistency with the threshold criteria set forth in Section 15192.
Table 1: Threshold Requirements for Exemption
Requirements Project Applicability Eligible?
(a) The project must be consistent with:
(1) Any applicable general plan, specific plan, or
local coastal program, including any
mitigation measures required by such plan or
program, as that plan or program existed on
the date that the application for the project
pursuant to Section 65943 of the Government
Code was deemed complete; and
(2) Any applicable zoning ordinance, as that
zoning ordinance existed on the date that the
application for the project pursuant to Section
65943 of the Government Code was deemed
complete, unless the zoning of project
property is inconsistent with the general plan
because the project property has not been
rezoned to conform to the general plan.
(a) The project is consistent with the following:
(1) The project is consistent with the Petaluma General Plan 2025 in that it complies with the Medium
Density Residential land use designation, which
provides for a variety of housing types, including
multi-family housing, and implements general plan
policies that encourage infill development, the
efficient use of residentially designated lands by
developing at the upper end of the density range, and
promote integrating affordable housing projects in
existing neighborhoods. A full analysis of the
project’s consistency with General Plan policies is
provided in the April 23, 2024 Planning Commission
staff report.
(2) The project is consistent with the City of Petaluma Implementing Zoning Ordinance (IZO). Apart from
concessions and waivers granted to the project
consistent with State Density Bonus law the project
is consistent with the City of Petaluma IZO.
Concessions and waivers are described in detail in
the April 23, 2024 staff report.
Yes
(b) Community-level environmental review has been
adopted or certified.
(b) The Petaluma General Plan 2025 Environmental Impact Report (EIR) is a community-level environmental review
and was adopted and certified by the City Council in 2008 (SCH# 2004082065).
Yes
3 Requirements Project Applicability Eligible?
(c) The project and other projects approved prior to
the approval of the project can be adequately
served by existing utilities, and the project
applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
(c) The project and surrounding residential land uses are adequately served by existing utilities. As shown on the Preliminary Utility Plan, the project will install utility infrastructure onsite to connect the proposed buildings to existing utility infrastructure. The project will also install upgraded storm drain and sewer infrastructure within the existing Rovina Lane easement, as well as a new fire
hydrant and associated infrastructure. In addition, the project applicant has been provided with an estimate of development impact fees and has committed to paying
those fees prior to issuance of a certificate of occupancy.
Yes
(d) The site of the project:
(1) Does not contain wetlands, as defined in
Section 328.3 of Title 33 of the Code of
Federal Regulations.
(2) Does not have any value as an ecological
community upon which wild animals, birds,
plants, fish, amphibians, and invertebrates
depend for their conservation and protection.
(3) Does not harm any species protected by the
federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.) or by the Native
Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division
2 of the Fish and Game Code), the California
Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division
3 of the Fish and Game Code.
(4) Does not cause the destruction or removal of
any species protected by a local ordinance in
effect at the time the application for the
project was deemed complete.
(d) A Biological Resources Analysis (BRA) was prepared for the project by Madrone Ecological Consulting on June 26, 2023. The Analysis, included as Attachment 6 to the April 23, 2024 Planning Commission staff report, confirmed the following:
(1) The project does not contain wetlands. This was
confirmed through review of the National Wetland
Inventory published by the United States Fish and
Wildlife Service as well as a site survey, which
confirmed that no drainages or wetlands are present.
(2) As detailed in the Arborist Report prepared by
Horticultural Associates on November 9, 2023, the
project site, associated public frontages, and Rovina
Lane easement within which project construction
activities will take place, contains 29 trees, of which eight are recommended for removal to accommodate
the project as long term tree integrity will be
compromised due to development impacts. As
detailed in the BRA, trees onsite may provide
nesting bird habitat. Though these trees may be used
by individual nesting birds, the site is not considered Yes
4 Requirements Project Applicability Eligible?
to be valuable as an ecological community upon
which species depend for their conservation and
protection as nesting birds may utilize a variety of
trees throughout the City and region and are not
dependent only on the project site for their
conservation and protection. Furthermore, as
conditioned, nesting bird surveys are required prior
to grading and tree removal. If nests are present,
non-disturbance measures are required which will
ensure protection of nesting birds during project
construction activities. Lastly, all trees to be
preserved will be protected through implementation
of recommendations contained in the Arborist
Report, which will ensure preservation of the
remaining 21 trees which may also provide habitat
for nesting birds.
(3) The BRA includes a search of the California Natural Diversity Database (CNDDB), published by the
California Department of Fish and Wildlife (CDFW)
which indicates that four special status species have
been documented in the vicinity of the study area.
Though these species have been documented within
the project vicinity, the site itself is either out of
range of these species or lacks suitable habitat. Due
to their absence onsite, the project will not harm any
species protected by the federal Endangered Species
Act or by the Native Plant Protection Act.
(4) The project includes removal of eight trees, of which five are protected pursuant to Implementing Zoning
Ordinance Section 17.040. Because the residential
development will occur on one parcel, tree
replacement is not required pursuant to Section
17.065 of the IZO, which specifies tree mitigation
5 Requirements Project Applicability Eligible?
and replacement is only required for new
commercial and/or residential development on two
or more parcels. Regardless, the project will install
15 new trees, including 7, 24-inch box oak trees.
Though the project will remove protected trees,
replacement of these trees is consistent with the IZO.
(e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section
65962.5 of the Government Code.
(e) As detailed in the Phase I Environmental Site
Assessment (ESA) prepared by KCE Matrix on April 18,
2023, the site is not designated as a hazardous waste site pursuant to Government Code Section 65962.5 nor does
the site exhibit characteristics of hazardous materials contamination.
Yes
(f) The site of the project is subject to a preliminary endangerment assessment prepared by a
registered environmental assessor to determine
the existence of any release of a hazardous
substance on the site and to determine the
potential for exposure of future occupants to
significant health hazards from any nearby
property or activity. In addition, the following
steps have been taken in response to the results of
this assessment:
(1) If a release of a hazardous substance is found
to exist on the site, the release shall be
removed, or any significant effects of the
release shall be mitigated to a level of
insignificance in compliance with state and
federal requirements.
(2) If a potential for exposure to significant
hazards from surrounding properties or
activities is found to exist, the effects of the
potential exposure shall be mitigated to a
level of insignificance in compliance with
(f) The Phase I ESA prepared for the project analyzed the site and surrounding area for hazardous substances to
determine the potential for exposure of future occupants to significant health hazards. The assessment concluded that:
(1) There has been no release of hazardous substance
found to exist on the site.
(2) Three sites within a 500-foot radius of the proposed project are identified as hazardous waste sites and
include two Underground Storage Tank (UST) sites
and one auto repair facility/gasoline service station.
Information obtained during site investigation and
reconnaissance level surveys concluded that
migration of contamination from these sites to the
project site has not occurred. In addition, as part of
the Phase I ESA, a Vapor Encroachment Screening
(VES) was conducted onsite and concluded that
there are no Vapor Encroachment Conditions (VEC)
originating from the project site nor is it likely that there are VEC originating from other nearby sites to
Yes
6 Requirements Project Applicability Eligible?
state and federal requirements. the project site.
(g) The project does not have a significant effect on
historical resources pursuant to Section 21084.1
of the Public Resources Code.
(g) No structures are located on-site and therefore no
structures are considered historical resources pursuant to Section 21084.1 of the Public Resources Code.
Yes
(h) The project site is not subject to wildland fire
hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable
general plan or zoning ordinance contains
provisions to mitigate the risk of a wildland fire
hazard.
(h) The project site is not located within a fire hazard severity zone as determined by the Department of
Forestry and Fire Protection (CAL FIRE).
1 Though the project is not located within a state-
designated fire hazard severity zone, it is located within the City’s mapped Wildland Urban Interface (WUI), and,
as such, the project is required to maintain buffer zones, defensible space, and fire hardening requirements
specified in Chapter 7A of the Building Code and
Chapter 49 of the Fire Code. The project also precludes pyrophytic trees, exceeds ingress and egress
requirements for Fire access, and is conditioned to
include a KnoxBox to allow for emergency access only
from the Rovina Lane private access easement.
Yes
(i) The project site does not have an unusually high
risk of fire or explosion from materials stored or
used on nearby properties.
(i) The proposed project includes development of a
residential use in an established residential
neighborhood. Residential uses are not associated with
unusually high risk of fire or explosion from materials stored or used on nearby properties.
Yes
(j) The project site does not present a risk of a public health exposure at a level that would exceed the
standards established by any state or federal
agency.
(j) As detailed above, the Phase I ESA prepared for the project does not indicate the presence of hazardous
materials that would present a risk of a public health
exposure at a level that would exceed the standards
established by any state or federal agency.
Yes
1 California Department of Forestry and Fire Protection, Fire Hazard Severity Zones in State Responsibility Area, https://calfire- forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008, accessed April 2024. 7 Requirements Project Applicability Eligible?
As conditioned, implementation of best management
practices related to air quality and noise are required during all phases of construction and with therefore not present a risk of a public health exposure at a level that would exceed the standards established by any state or
federal agency.
As a residential project, there are no operation
components that would present a risk of a public health exposure at a level that would exceed the standards
established by any state or federal agency.
(k) Either the project site is not within a delineated
earthquake fault zone or a seismic hazard zone, as
determined pursuant to Section 2622 and 2696 of
the Public Resources Code respectively, or the
applicable general plan or zoning ordinance
contains provisions to mitigate the risk of an
earthquake or seismic hazard.
(k) The project site is not located within a delineated Alquist-Priolo fault zone, and as with all projects in the City and region, is subject to applicable seismic safety standards contained in the adopted Building Code.
Yes
(l) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone,
or the applicable general plan or zoning ordinance
contains provisions to mitigate the risk of a
landslide or flood.
(l) As detailed in the Geotechnical Engineering Study
prepared by Allerion Consulting Group, Inc. on
September 22, 2023, no landslides, slumps, or other
indications of slope instabilities were observed during onsite surveys. Additionally, based on soil conditions
onsite and through incorporation of site-specific
geotechnical recommendations, the potential for slope
instability was determined to be low.
The project site in not located within an established flood plain, flood way, or other restriction zone.
Yes
(m) The project site is not located on developed open
space.
(m) The project site is designated Medium Density
Residential in the Petaluma General Plan and is zoned
Residential 4 (R4), which allows development of
residential uses. Though the site is primarily vacant, it is not considered developed open space.
Yes
8 Requirements Project Applicability Eligible?
(n) The project site is not located within the boundaries of a state conservancy.
(n) The project site is privately owned, is within an
established residential neighborhood, and is planned for in the City’s General Plan and zoning for residential uses.
The site is not located within the boundaries of a state conservancy.
Yes
(o) The project has not been divided into smaller
projects to qualify for one or more of the
exemptions set forth in sections 15193 to 15195.
(o) The proposed project will occur in one phase on a single parcel and has not been divided into smaller projects to qualify for one or more of the exemptions set forth in
sections 15193 to 15195.
Yes
15194 (Affordable Housing Exemption)
As demonstrated above, the project meets the threshold criteria to qualify for exemption pursuant to Section 15194. Table 2 provides an evaluation of the project’s consistency with the criteria required to qualify for use of the Affordable Housing exemption, set forth in Section 15194 of the CEQA Guidelines.
Table 2: Criteria for Affordable Housing Statutory Exemption Criteria Project Applicability Eligible?
(a) The project meets the threshold criteria set forth in section 15192.
(a) See Table 1 above. Yes
(b) The project meets the following size criteria: the
project site is not more than five acres in area.
(b) The project site is located on a one-acre site and is therefore not on a site that is more than five acres in area.
Yes
(c) The project meets both of the following
requirements (requirement 1 and 2) regarding
location. The applicable criteria are denoted in bold
below.
(1) The project meets one of the following
location requirements relating to population
density:
(A) The project site is located within an
urbanized area or within a census-defined
place with a population density of at least
(b) The project meets requirement 1B and 2B, and as such meets both of the requirements specified in Section
15194(c) of the CEQA Guidelines as follows:
Requirement 1B applicability: The project consists of
32 units and is located within incorporated city limits.
Petaluma is approximately 14.42 square miles and has a
Yes
9 Criteria Project Applicability Eligible?
5,000 persons per square mile.
(B) If the project consists of 50 or fewer
units, the project site is located within
an incorporated city with a population
density of at least 2,500 persons per
square mile and a total population of at
least 25,000 persons.
(C) The project is located within either an
incorporated city or a census defined place
with a population density of at least 1,000
persons per square mile and there is no
reasonable possibility that the project
would have a significant effect on the
environment or the residents of the project
due to unusual circumstances or due to the
related or cumulative impacts of
reasonably foreseeable projects in the
vicinity of the project.
(2) The project meets one of the following site-
specific location requirements:
(A) The project site has been previously
developed for qualified urban uses; or
(B) The parcels immediately adjacent to
the project site are developed with
qualified urban uses.
(C) The project site has not been developed
for urban uses and all of the following
conditions are met:
population of approximately 58,652 people.2 This equates to a population density of 4,067 people per square mile.3 Since the project proposes fewer than 50 units and is
located within an incorporated city with a population
density of at least 2,500 people per square mile, this
criterion is met.
Requirement 2B applicability: The CEQA Guidelines
define “qualified urban use” as any residential,
commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. As the project site is immediately adjacent to residential uses, which are considered a qualified urban use, this criterion is met.
2 United States Census Bureau, Quick Facts, Petaluma city, California, https://www.census.gov/quickfacts/fact/table/petalumacitycalifornia/PST045222#PST045222, accessed April 2024. 3 58,652 people / 14.42 square miles = 4,067 people/square mile 10 Criteria Project Applicability Eligible?
1. No parcel within the site has been
created within 10 years prior to the
proposed development of the site.
2. At least 75 percent of the perimeter
of the site adjoins parcels that are
developed with qualified urban uses.
(D) The existing remaining 25 percent of the
perimeter of the site adjoins parcels that
have previously been developed for
qualified urban uses.
(c) The project meets both of the following
requirements regarding provision of affordable
housing.
(1) The project consists of the construction,
conversion, or use of residential housing
consisting of 100 or fewer units that are
affordable to low-income households.
(2) The developer of the project provides
sufficient legal commitments to the
appropriate local agency to ensure the
continued availability and use of the housing
units for lower income households for a
period of at least 30 years, at monthly housing
costs deemed to be “affordable rent” for
lower income, very low income, and
extremely low income households, as
determined pursuant to Section 50053 of the
Health and Safety Code.
(c) The project meets the provision of affordable housing as follows:
(1) The project proposes construction of 32 residential housing units, which is fewer than 100 units, and all
units will be provided to low-income households,
specifically those 30-60% below the area median
income (AMI) in Sonoma County.
(2) The developer of the project provides sufficient
legal commitments to the appropriate local agency
to ensure the continued availability and use of the
housing units for lower income households for a
period of at least 30 years per IZO Section 27.090,
at monthly housing costs deemed to be “affordable
rent” for lower income, very low income, and
extremely low income households, as determined
pursuant to Section 50053 of the Health and Safety
Code.
Yes
11 Conclusion
As provided above, the proposed project qualifies for statutory exempt ion pursuant to CEQA Guidelines Section 15194 ( Affordable Housing). As such, no further environmental analysis is required.
Krystle Rizzi
Principal Planner
REFERENCES
1. Arborist Report, Horticultural Associates, November 9, 2023
2. Biological Resources Analysis (BRA), Madrone Ecological Consulting, June 26, 2023
3. Geotechnical Engineering Study, Allerion Consulting Group, Inc. September 22, 2023
4. Phase I Environmental Site Assessment (ESA), KCE Matrix, April 18, 2023
5. United States Census Bureau, Quick Facts, Petaluma city, California, https://www.census.gov/quickfacts/fact/table/petalumacitycalifornia/PST045222#PST045222 accessed April 2024