Watsonville City Council
September 13, 2022

Attachment 3

ADOPTED MINUTES 4.A.

5 MAIN MOTION: It was moved by Vice-Chair Kammer, seconded by Commissioner Sarmiento, to approve the following resolution:

RESOLUTION NO. 9-20 (PC):

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

WATSONVILLE, CALIFORNIA, APPROVING A SPECIAL USE PERMIT WITH DESIGN REVIEW, AND ENVIRONMENTAL REVIEW (PP2018-282) TO ALLOW RECONSTRUCTION OF A 65-FOOT TALL DISTILLATION
TOWER AND CONSTRUCTION OF A NEW 60-FOOT DISTILLATION
TOWER ON A 1.56± ACRE SITE LOCATED AT 860 WEST BEACH STREET (APN 018-321-01)
7) Deliberation
None
8) Chair Calls for a Vote on Motion(s)
MAIN MOTION: The above motion carried by the following vote:

AYES: COMMISSIONERS: Acosta, Kammer, Sarmiento, Veitch-Olson, Jones
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Rodriguez, Tavarez
D. AN APPLICATION FOR A SPECIAL USE PERMIT WITH DESIGN REVIEW, MAJOR VARIANCE, AND ENVIRONMENTAL REVIEW (PP2018-35) TO

ALLOW THE DEMOLITION OF A MCDONALDS BUILDING WITH A SINGLE

DRIVE-THROUGH LANE AND RECONSTRUCTION OF A NEW MCDONALDS

BUILDING WITH A SPLIT DRIVE-THROUGH LANE AND TWO MENU
BOARDS ON A 1.01± ACRE SITE LOCATED AT 1598 FREEDOM
BOULEVARD (APN 019-282-03), FILED BY SILVIA WYTKIND, MCDONALDS

USA, LLC, APPLICANT, ON BEHALF OF FRANCHISE REALTY INTERSTATE

CORP (MCDONALDS), PROPERTY OWNER
1) Staff Report
Staff Report was given by Principal Planner Justin Meek. 2) Planning Commission Clarifying & Technical Questions None
3) Applicant Presentation
None
Attachment 1

Attachment 3

ADOPTED MINUTES 4.A.

6 4) Planning Commission Clarifying & Technical Questions None
5) Public Hearing
Chair Jones opened the public hearing.

Hearing no comment, Chair Jones closed the public hearing. 6) Appropriate Motion(s)
MAIN MOTION: It was moved by Vice-Chair Kammer, seconded by Chair Jones, to approve the following resolution:

RESOLUTION NO. 10-20 (PC):

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

WATSONVILLE, CALIFORNIA, APPROVING A SPECIAL USE PERMIT

WITH DESIGN REVIEW, MAJOR VARIANCE, AND ENVIRONMENTAL
REVIEW (PP2018-35) TO ALLOW THE DEMOLITION OF A MCDONALD’S

BUILDING WITH A SINGLE DRIVE-THROUGH LANE AND
RECONSTRUCTION OF A NEW MCDONALD’S BUILDING WITH A SPLIT DRIVE-THROUGH LANE AND TWO MENU BOARDS ON A 1.01± ACRE
SITE LOCATED AT 1598 FREEDOM BOULEVARD (APN 019-282-03) 7) Deliberation
None
8) Chair Calls for a Vote on Motion(s)
MAIN MOTION: The above motion carried by the following vote:

AYES: COMMISSIONERS: Acosta, Kammer, Sarmiento,
Veitch-Olson, Jones
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Rodriguez, Tavarez
E. RECOMMENDATION TO CITY COUNCIL FOR ADOPTION OF A MITIGATED

NEGATIVE DECLARATION AND APPROVAL OF A LOT LINE ADJUSTMENT,

DENSITY BONUS, PLANNED DEVELOPMENT, AND SPECIAL USE PERMIT WITH DESIGN REVIEW AND ENVIRONMENTAL REVIEW (PP2019-14) TO ALLOW CONSTRUCTION OF THE MILES LANE PROJECT ON A 4.7± ACRE

SITE, FILED BY ELIZABETH NAHAS WILSON WITH MIDPEN HOUSING CORPORATION, APPLICANT, ON BEHALF OF MICHAEL C. MARCHISIO

TRUST AND NAMVAR & SHIREEN DINYARI, PROPERTY OWNERS
Attachment 1

Attachment 3

ADOPTED MINUTES 4.A.

7 1) Staff Report
Staff Report was given by Principal Planner Justin Meek. 2) Planning Commission Clarifying & Technical Questions Principal Planner Meek answered questions from Commissioner Acosta regarding affordable housing visitor parking requirements.

Commissioner Sarmiento spoke in support of the project.

Bill Spain, Moore lacofano Goltsman, Inc. Project Manager, gave a presentation on the Initial Study/Mitigated Negative Declaration prepared for the Miles Lane Project, in accordance with CEQA.
3) Applicant Presentation
A presentation was given by Ashley Schweickart, Acquisition & PreConstruction Project Manager for MidPen Housing-Watsonville, Joanna Carman, Director of Housing Development-Watsonville and Christine Sippl, Director of Impact & Partnerships with Encompass Community Services. 4) Planning Commission Clarifying & Technical Questions In answering Commissioner Sarmiento’s inquiry, Director Sippl mentioned their plans for the continuation of the Si Se Puede program’s services during construction.
5) Public Hearing
Chair Jones opened the public hearing.

Project Manager Schweickart, MidPen Housing Leasing Director, Daniel Fagan, and Director Sippl, answered questions from Watsonville resident, Kay Lynn Hahn, regarding parking at the proposed project.

Jonathan Pilch, Watsonville Wetlands Watch Executive Director, spoke in support of the project.

In answering Kay Lynn Hahn, Watsonville resident, Project Manager Schweickart and Director Sippl, both went over the project’s timeline.

Hearing no further comment, Chair Jones closed the public hearing. 6) Appropriate Motion(s)
MOTION: It was moved by Vice-Chair Kammer, seconded by Commissioner Acosta, to approve the following resolution:

Attachment 1

Attachment 3

ADOPTED MINUTES 4.A.

8 RESOLUTION NO. 11-20 (PC):

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

WATSONVILLE, CALIFORNIA, RECOMMENDING THE CITY COUNCIL

ADOPT A RESOLUTION ADOPTING THE MITIGATED NEGATIVE
DECLARATION (PP2019-14) FOR THE MILES LANE PROJECT ON A 4.7± ACRE SITE LOCATED AT 139, 141, 161 MILES LANE AND 201 KIMBERLY LANE, WATSONVILLE, CALIFORNIA (APNS 016-491-01, -02 & -03, & 016- 111-44; AND RECOMMENDING THE CITY COUNCIL ADOPT

CONCURRENTLY A MITIGATION MONITORING AND REPORTING

PROGRAM FOR THE PROJECT, IN ACCORDANCE WITH THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
7) Deliberation
None
8) Chair Calls for a Vote on Motion(s)
MAIN MOTION: The above motion carried by the following vote:

AYES: COMMISSIONERS: Acosta, Kammer, Sarmiento,
Veitch-Olson, Jones
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Rodriguez, Tavarez
9) Appropriate Motion(s)
MOTION: It was moved by Commissioner Sarmiento, seconded by Commissioner Veitch-Olson, to approve the following resolution:

RESOLUTION NO. 12-20 (PC):

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

WATSONVILLE, CALIFORNIA, RECOMMENDING THE CITY COUNCIL

ADOPT A RESOLUTION APPROVING A LOT LINE ADJUSTMENT,

DENSITY BONUS, PLANNED DEVELOPMENT, AND SPECIAL USE

PERMIT WITH DESIGN REVIEW AND ENVIRONMENTAL REVIEW
(PP2019-14) TO ALLOW THE CONSTRUCTION OF THE MILES LANE PROJECT ON A 4.7± ACRE SITE LOCATED AT 139, 141, 161 MILES LANE AND 201 KIMBERLY LANE, WATSONVILLE, CALIFORNIA (APNS 016-491- 01, -02 & -03, & 016-111-44)
10) Deliberation
None
11) Chair Calls for a Vote on Motion(s)
MAIN MOTION: The above motion carried by the following vote:

Attachment 1

Attachment 3

Attachment 1

Attachment 3

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M E M O R A N D U M
__________________________________________
DATE: April 22, 2020
TO: Planning Commission
FROM: Suzi Merriam, Community Development Director
Justin Meek, AICP, Principal Planner
SUBJECT: Planning Commission recommendation to City Council for adoption of a Mitigated Negative Declaration and approval of a Lot Line Adjustment, Density Bonus, Planned Development, and Special Use Permit with Design Review and Environmental Review (PP2019-14) to allow the construction of the Miles Lane Project on a 4.7± acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane (APNs 016-491-01, -02, & -03, & 016-111-44).

AGENDA ITEM: May 5, 2020 Planning Commission
RECOMMENDATION:

Staff recommends that the Planning Commission (a) adopt a Resolution recommending that the City Council adopt a Mitigated Negative Declaration and (b) adopt a Resolution recommending that the City Council approve a Lot Line Adjustment, Density Bonus, Planned Development, and Special Use Permit with Design Review and Environmental Review (PP2019-14) to allow the construction of the Miles Lane Project on a 4.7± acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane (APNs 016-491-01, -02, & -03, & 016- 111-44).

The recommendations are based on the attached findings and conditions of approval.

BASIC PROJECT DATA
APPLICATION NO.: PP2019-14 APN: 016-491-01, -02, & -03, & 016-111-44 LOCATION: 139, 141, 161 Miles Lane and 201 Kimberly Lane LOT SIZE: 4.7± acre
PROJECT DESCRIPTION: The project proposes to construct eight buildings totaling 101,256± square feet on a 4.7± acre site, consisting of five 3-story apartment buildings and one 2-story community center with managers unit for use by MidPen as affordable housing and two buildings for use by Encompass Community Services as inpatient (residential) and outpatient facilities.

Overall development includes installing new onsite circulation and parking lot, landscaping, open space areas, stormwater facilities, and trash enclosures. Development of the project also Attachment 2

Attachment 3

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GENERAL PLAN: Residential Medium Density and Environmental Management ZONING: RM-2 (Multiple Residential-Medium Density) and EM-OS (Environmental Management-Open Space)
SURROUNDING GENERAL PLAN/ZONING: Residential Medium Density in the RM-2 Zoning District
EXISTING USE: Substance abuse facility and five residential dwellings; riparian habitat in Upper Watsonville Slough
PROPOSED USE: Substance abuse facility and 72 affordable housing units; riparian habitat in upper Watsonville Slough
SURROUNDING USES: Residential (single family, multifamily, and mobile home units) FLOOD ZONE: A portion of the site is within the 100-year floodplain (Zone AE) with a base flood elevation of 26 to 26.3 feet (FEMA Flood Map Panel 0392E, Map No. 06087C0392E, revised May 16, 2012)
CEQA REVIEW: An Initial Study/Mitigated Negative Declaration has been prepared for this project, in accordance with the provisions of the California Environmental Quality Act (CEQA).

APPLICANT: Elizabeth Nahas Wilson, MidPen Housing Corp., 275 Main Street, Ste. 204, CA 95076
PROPERTY OWNERS:

Michael C. Marchisio Trust, 19745 Oakmont Drive, Los Gatos, CA 95033 (APNs: 016‐491-01, 016‐491, and 016‐111‐44)
Namvar & Shireen Dinyari, 299 Vista Drive, Watsonville, CA 95076 (APN: 016‐491‐03)

BACKGROUND
On January 16, 2019, Elizabeth Nahas Wilson with MidPen Housing Corporation, applicant, on behalf of Michael C. Marchisio Trust (APNs: 016‐491-01, 016‐491, and 016‐111‐44) and Namvar & Shireen Dinyari (APN: 016‐491‐03), property owners, applied for a Lot Line Adjustment, Density Bonus, and Special Use Permit with Design Review and Environmental Review (PP2019-14) to allow construction of the Miles Lane Project at the subject site. The Density Bonus application originally included a request of three concessions to reduce certain development standards and zoning code requirements. Namely, the applicant requested reducing the minimum net land area per unit requirement, allowing both residential and nonresidential uses onsite, and reducing parking. At the time, the parking reduction request did not constitute a concession, since the proposed number of parking spaces were consistent with the alternative provisions are set forth in the City’s zoning code for affordable housing projects, in accordance with state law.

Attachment 2

Attachment 3

\\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\WATS\Attachments\f850957e-9fe5-4238-8012-29c40f5f3937.docx Page 3 of 25 The Miles Lane Project is a joint effort by MidPen Housing Corporation (MidPen) and Encompass Community Services (Encompass). MidPen is a non-profit that develops, owns and managers affordable housing. In the 45-plus years since it was founded, MidPen has developed over 100 communities and 8,500 homes for low-income families, seniors and special needs individuals throughout Northern California.
1 Encompass is a non-profit organization that provides services in behavioral health, family and social well-being, early childhood education, housing, and substance use recovery. Begun in 1973, Encompass has about 40 programs throughout Santa Cruz County.2
On June 12, 2019, the applicant amended the entitlement application to include a request for adopting a Planned Development (PD) Overlay District to allow the modification of district regulations concerning building setbacks. The applicant indicates that this request is necessary to ensure the feasibility of the proposed treatment facilities and affordable housing development.

On February 28, 2020, the applicant revised the project plans to remove two buildings and associated retaining walls on steep slopes (Attachment 2). This change was based on reducing construction costs. The applicant also revised the project plans to increase the overall number of dwelling units from 61 to 72 by adding a third story to five buildings. As one of the buildings now exceeds the maximum height limit of 40 feet, the applicant requests a height limit modification to allow this building with a height of 48 feet.

The applicant further amended and clarified the entitlement application requests at this time.

The applicant indicated that the Planned Development process would also be used “to modify density and use” (Attachment 3). Modifications to district regulations may be requested using the Planned Development process rather than as concessions per state Density Bonus law.

Altogether, requested modifications to district regulations include a mix of allowable uses onsite (i.e., residential and non-residential), an increase in maximum building height, a reduction of minimum building setbacks, and a reduction of minimum net land area per unit requirements.

The Density Bonus request is still required to allow a residential density greater than the maximum allowed per the General Plan. In a revised Density Bonus Housing Plan, the applicant notes that recent changes to state Density Bonus law permits housing developments to receive a density bonus of up to 80 percent if 100 percent of the total units are for lower income households (Attachment 4). The applicant further clarified the reduced parking concession request at 6.4 percent fewer stalls than required per the provisions set forth in the City’s zoning code for affordable housing projects.

PROCESS
Lot Line Adjustment
A Lot Line Adjustment is a minor relocation of the boundary or boundaries between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, with no more parcels being created than originally existed. The procedures for review of a Lot Line Adjustment is the same as with the procedures for review of minor land divisions, as

1 MidPen Housing website, https://www.midpen-housing.org/about-midpen/ (visited on April 6, 2020). 2 Encompass Community Services website, https://www.encompasscs.org/about_us (visited on April 6, 2020).

Attachment 2

Attachment 3

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Density Bonus
State law allows a housing development with a certain percentage of affordable units to be eligible for a density bonus. Pursuant to California Government Code Section 65915, a city must adopt an ordinance that specifies how compliance with GOV Section 65915 will be implemented.

Failure to adopt an ordinance does not relieve a city from complying with this section.

The City adopted WMC Chapter 14-47 in 2006 to implement GOV Section 65915. WMC Chapter 14-47 grants applicants density bonuses or other incentives or concessions, if the applicant agrees to construct a residential development which contains certain housing for very low, lower, and moderate income households.

At the time of the project submittal, residential developments that provided “at least 30 percent of the units for lower income households” were eligible for a 35 percent density bonus along with three development incentives or concessions. Recent legislation, however, increased the maximum bonus to 80 percent for projects involving 100 percent of the units for lower income households.
3 As such, the project is eligible for up to an 80 percent density bonus per state law.

Planned Development Overlay District and Special Use Permit The purpose of the Planned Development (PD) Overlay District is to provide a technique to foster development plans for eligible lands which serve public objectives more fully than development plans permitted under conventional zoning regulations; and to establish criteria for identifying those parcels of land which are eligible for the special procedures available for creative development plans requiring special review and approval procedures.

The PD District is an “overlay” or “combining” district which is placed over or covers an existing base residential, commercial, or industrial districts.4 The PD Overlay District shall be designated by the use of the letters PD following the underlying zoning designation. The regulations of the underlying district may be superseded, modified or amended upon approval of the planned development as provided in Part 25 of WMC Chapter 14-16. A PD Overlay District may provide for modifications on district regulations, where appropriate, in areas such as building setbacks, building height, lot area, parking, and use. WMC § 14-16.2503.

3 AB 1763 (effective January 1, 2020) amended GOV Section 65915, increasing the maximum density bonus to 80% for residential development in which 100% of the total units are for lower income households (California Legislative Information, https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1763). 4 See American Planning Association “Property Topics and Concepts” website for more information on overlay zoning, https://www.planning.org/divisions/planningandlaw/propertytopics.htm#Overlay.

Attachment 2

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(a) Planned development zoning will be granted only where the subject parcel is large enough to make innovative and creative site planning possible; (b) Applicants shall have the professional capability to produce a creative plan; (c) The public interest in achieving goals stated in the General Plan will be served more fully through the planned development process rather than through application of conventional district regulations;
(d) The advantages to landowners afforded by the planned development process will be balanced by public benefits;
(e) Natural or man-made features and resources of the site such as topography, trees, watercourses, and the like are preserved; and
(f) A PD Overlay District shall only be allowed in any existing zoning districts.

The Planning Commission shall review the request for the establishment of a PD Overlay District and make a recommendation to the City Council, which shall review the matter at a public hearing and establish the PD Overlay District by ordinance. After adoption of a PD Overlay District, a Special Use Permit issued by the City Council shall be required for any and all uses in a PD Overlay District. An application for a Special Use Permit in a PD Overlay District shall include and be accompanied by a Specific Development Plan which, if approved by the City Council, shall become a part of the Use Permit. The recommendation by the Planning Commission, adoption by Ordinance of a PD Overlay District by the City Council, and issuance of a Special Use Permit by the City Council after adoption of a PD Overlay District shall in each instance be passed by at least five affirmative votes.

Before recommending or approving any PD Overlay District and related development plan, the Planning Commission and the City Council shall make the findings set forth in WMC Section 14-

16.2508.

The purpose of the Special Use Permit is to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations or zoning districts or only if such uses are arranged or designed in a particular manner. WMC § 14-12.500. This special review shall be for the purpose of determining that the proposed use is, and will continue to be, compatible with surrounding, existing, or planned uses; and for the further purpose of establishing such special conditions as may be necessary to ensure the harmonious integration and compatibility of uses in the neighborhood and with the surrounding area. WMC § 14-12.501.

Design Review
All new construction, exterior remodeling, additions, or changes in use requiring additional parking, which involve structures used for multi-family residential, commercial, industrial or public purpose are subject to Design Review. WMC § 14-12.400. No Building Permit shall be Attachment 2

Attachment 3

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When considering applications for Design Review, the Planning Commission shall evaluate the impact of the Design Review on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the development and make the findings set forth in WMC Section 14-12.403. The findings for a Design Review Permit are substantially similar to those required for Special Use Permits, except for the finding set forth in WMC Section 14-12.403(e), which requires that additional design elements be addressed.

Environmental Review
The California Environmental Quality Act requires local and state governments to consider the potential environmental effects of a project before making a decision on it. CEQA’s purpose is to disclose the potential impacts of a project and suggest methods to minimize those impacts so that decision-makers will have full information upon which to base their decision. Below is a summary of key provisions for the consideration and adoption of a negative declaration or mitigated negative for a project.

1. Consideration prior to approval. Prior to approving a project, the decision-making body shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process.

2. Standard. The decision-making body can adopt the negative declaration or mitigated negative declaration only if it finds there is no substantial evidence that the project will have a significant effect on the environment.

3. The Record. The lead agency is to specify the location of the documents and materials constituting the record.

4. Mitigation Monitoring and Reporting. When adopting a mitigated negative declaration, the lead agency must also adopt a program for reporting or monitoring the changes it has required or made conditional on approval.

STANDARD OF REVIEW & APPEAL PROCESS
Whether a particular decision is adjudicative or legislative determines the requirements to support the decision. Legislative decisions involve the adoption of broad policies applicable to many situations (for example, general plan and zoning amendments). Legislative decisions generally require few, if any, findings.

Adjudicative (or “quasi-judicial”) decisions, on the other hand, are not policy decisions.

Adjudicative/quasi-judicial decisions apply already adopted policies or standards to individual Attachment 2

Attachment 3

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The remaining decisions before the Planning Commission—a Lot Line Adjustment, Density Bonus, and Special Use Permit with Design Review—are adjudicative/quasi-judicial decisions and require findings, either for denial, or as recommended, for approval and be supported by substantial evidence. Toigo v Town of Ross (1998) 70 Cal App 4th 309 If the Planning Commission’s decision is appealed, the City Council will consider whether the action taken by the Planning Commission was erroneously taken and may sustain, modify or overrule Planning Commission’s action. In order for the Planning Commission’s decision to be overturned on appeal, the City Council must find that the action taken by the Planning Commission was erroneous and inconsistent with the intent of the Zoning District regulations that regulate the proposed action. WMC § 14-10.1106.

A lawsuit is required to challenge a Council’s decision. A reviewing court will consider whether an adjudicative/quasi-judicial decision by the Council was supported by adequate findings.

Courts scrutinize adjudicative/quasi-judicial decisions closely. An action may be overturned if the City (1) exceeded its authority, (2) failed to provide a fair hearing, or (3) or made a decision not supported by substantial evidence (also called “a prejudicial abuse of discretion”).

Another important difference between legislative and adjudicative/quasi-judicial decisions on appeal is the substantial evidence standard: in weighing evidence of what happened at the Council meeting, courts go beyond whether a decision was “reasonable” (the legislative standard). Courts reviewing adjudicative/quasi-judicial decisions look to make sure the decision is supported by substantial evidence. Denied applicants argue that there is no substantial evidence to support the decision. Cities usually assert there is substantial evidence to support the decision and rely on (1) the written words in the staff findings, (2) the statements and letters presented at the hearing, and (3) the words of the Planning Commission or Council

DISCUSSION
Existing Site
The 4.7± acre project site consists of four properties located at 139-161 Miles Lane and 201 Kimberly Lane. Situated along the south side of Miles Lane and east of Santa Clara Street, the site is a short distance from Freedom Boulevard to the west. Single- and multi-family dwellings comprise nearby residences. As shown on Figure 1, the Portola Heights Mobile Home Park lies

5 Quasi-judicial decisions require the decision-making body to take evidence and use its judgment to make factual as well as legal determinations about whether a particular property or project meets the standards established by the land use ordinance.

Attachment 2

Attachment 3

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FIGURE 1 Aerial view of the project site and surrounding area Source: Pictometry, 2016
Existing development on the project site include several residential structures. The 161 Miles Lane property has two houses totaling approximately 3,500 square feet and a separate workshop about 2,100 square feet in size. Encompass currently uses this property as a licensed substance use disorder treatment program facility with 23 beds (known as Si Se Puede). Three small houses (141, 149, and 153 Miles Lane) and two smaller cottages (145 and 155 Miles) are on the adjoining parcel 016-491-02. Most of the buildings are constructed of wood frame, with stucco siding, and composite shingle roofing. The house at 149 Miles Lane has a membrane roofing system and the house at 153 Miles Lane needs structural repairs and is currently vacant.

The properties at 139 Miles Lane and 201 Kimberly Lane are undeveloped.

The portion of the site next to Santa Clara Street and Kimberly Lane are fairly flat. However, the rest of the site along Miles Lane is steeply sloped. The highest point, in the northwest corner of the site, is 86± feet above mean sea level (AMSL); the lowest elevation, near the mid-point of Miles Lane, is 25± feet AMSL (Attachment 2, Existing Site Plan, sheet C2.0). At the lowest elevation of the site are sensitive natural features including a perennial stream7running north to

6 Watsonville Slough is the main drainage channel for the city, draining into the greater Watsonville State Wildlife Area. The Watsonville Slough connects to the Pajaro River near the beach at Monterey Bay. 7 The stream channel itself is deeply incised with little bank formation, and is unusually straight, indicating that it was likely dug through the property at some point in the past. The channel ends in a stormwater structure that 139 Miles Ln
(APN 016-491-03)
Portola Heights
Mobile Home Park
141-155 Miles Ln
(APN 016-491-02)
161 Miles Ln
(APN 016-491-01)
201 Kimberly Ln
(APN 016-111-44)
not a part
(APN 016-491-04)
Attachment 2

Attachment 3

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Proposed Project
The Miles Lane Project consists of the development of eight buildings totaling 101,256± square feet. Six of the buildings would be used for providing affordable housing, and the remaining two would be used as inpatient (residential) and outpatient facilities, which would replace the existing residential substance abuse treatment facility currently operated by Encompass. The affordable housing component consists of 16 studio, 19 1-bedroom, 18 2-bedroom, and 19 3-bedroom units and would provide housing for low, very low, and extremely low-income households. The portion of project site devoted to MidPen is 3.7 acres (161,797± square feet) with the remaining property area of 1.0 acres (43,363± square feet) for use by Encompass (Attachment 2, Preliminary Map).

To serve the housing, the project includes a centrally located community building that will include the following amenities: a community room and kitchen, a computer lab, a Learning Center for afterschool programming, a laundry room, and property manager and service manager offices.

The Encompass’ residential facility will average 28 program participants, with a maximum capacity of 30 residents, and is staffed 24/7. The inpatient facility will provide housing for 17 residents per night. The number of FTE staff will increase from 14 to 15 with a maximum of nine staff onsite at one time. The outpatient facility will serve 40 to 85 total clients per day and operate 9 AM to 5 PM on weekdays, with weekday evening hours of 5-9 PM, three to four days per week.

The current outpatient program is on Auto Center Drive; the eight employees at this location would be transferred to the new facility after construction is completed.

Other key project components, including new circulation, parking, landscaping and open space, are as follows:
 Circulation and Parking. The parking lot for the inpatient and outpatient facilities would be accessed from Miles Lane near the corner of Santa Clara Street and Kimberley Lane.

Three vehicular entrances are proposed for the affordable housing facility, all along Miles Lane. A total of 102 residential parking spaces and 27 spaces for the inpatient and outpatient facilities are proposed. Walkways provide general circulation throughout the site between the sidewalk and proposed buildings.
 Landscape and Open Space. The project includes both landscaping features as well as open space and recreational facilities. The project would provide 101 new trees and low water use ornamental plantings. The following recreational facilities are included with the project: 1,075 square-foot play space with climbing structure; 5,284 square feet of artificial turf for recreational activities; 930 square-foot courtyard with tables and BBQ; a 3,000 square-foot community garden with raised beds; and a 380 square-foot observation patio.

The conceptual Landscape Plan and site amenities shown in Attachment 2 as sheets L-

causes water to backup into the channel and pool during the summer months. This structure also acts as a barrier to animals such as frogs and fish.
8 The seep begins on the hillside on the eastern portion of the site and spreads out into the flatter section of the property.

Attachment 2

Attachment 3

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1.0 through L-2.2. Additionally, the project includes a trail easement for a portion of the Upper Watsonville Trail (Segment 9.4) in the City’s Trails and Bicycle Master Plan (2012) that crosses the project site.
 Grading and Drainage. The project would create 92,320± square feet of impervious surfaces9(Attachment 2, Grading and Drainage Plan, sheets C3.0 and C3.1). As shown in Table 1, the eight buildings would cover approximately 17 percent of the site with other impervious surfaces, such as drive aisles and parking, covering another 28 percent. The remaining 55 percent of the site is pervious, consisting of landscape and open space areas. The project is subject to the City’s stormwater management requirements.

Proposed retention and treatment features include bio-retention areas and underground infiltration chambers.
 Utilities and Infrastructure. The proposed project would connect to existing water, wastewater, storm drainage, electricity, and telecommunication infrastructure. Water service, wastewater treatment, stormwater management, and solid waste collection are provided by the City. Electricity and natural gas are provided by PG&E. The onsite utilities plan is shown in Attachment 2 as sheet C5.0.
 Removal of Existing Structures. As part of the project, all existing buildings would be demolished, including two homes used by Encompass as a substance abuse facility and housing program, three rental homes, one transitional rental home and one vacant, uninhabitable home.

TABLE 1 Pervious and Impervious Surface Areas
Area
(sf)
Area
(acres)
%
Building footprint 34,073 0.78 17
Other impervious (e.g., pavement, pathways) 58,247 1.34 28 Pervious (e.g., landscaping, open space) 112,839 2.59 55 Total Project Site 205,159 4.71 100
Source: WR&D Architects, cover sheet A001 (02.28.2020) and C3 Engineering, Stormwater Control Plan, Miles Lane Housing Development (02.27.2020) Potential Displacement
The project would not displace a substantial numbers of existing people or housing.

Nevertheless, the project has the potential to displace the occupants of the existing homes to be demolished. The new housing development of 72 residential units, however, would have capacity to house those displaced by build-out of the project. Because new dwelling units would provide housing for low, very low, and extremely low-income households, rental prices would most likely not be a deterrent to existing residents who may elect to secure housing in the new development. As such, existing residents could feasibly be accommodated by the project’s proposed affordable housing development.

9 Note that accounting for the pre-project impervious surface area of 38,440± square feet results in a net impervious area of 53,880± square feet.

Attachment 2

Attachment 3

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The majority of the project site is designated Residential Medium Density on the General Plan Land Use Diagram. The purpose of the Residential Medium Density designation is to provide living environments through various forms of housing developments, including apartments, at densities between 8 and 13.99 dwelling units per net acre. Per state law, the project is eligible for a density bonus of up to 80 percent greater than the maximum allowed because it is a 100 percent affordable housing project. The project would not result in a residential density that exceeds the maximum allowed per state Density Bonus law and would help accomplish the community's affordable family housing goals in the Housing Element.

As shown on Figure 2, a small portion of the project site is designated Environmental Management. This area corresponds with the portion of the upper reaches of the Watsonville Slough that runs through the low-lying portion of the site and has been set aside for the protection and preservation of natural resources, such as wetlands, sloughs, and wildlife habitat. No development is proposed within this area.

FIGURE 2 General Plan land use designations for the project site and surrounding area Source: City of Watsonville GIS Geodatabase
General Plan Consistency
The proposed project is consistent with the following General Plan goals, policies and implementation measures concerning housing, land use compatibility, design, site improvement, and wildlife habitat protection.
 Housing Element Goal 3.0: Housing Production – Provide housing opportunity for Watsonville’s share of the regional housing need for all income groups.  Housing Element Policy 3.1 – Encourage the production of housing that meets the needs of all economic segments, including lower, moderate, and above moderate-income households, to achieve a balanced community.

Environmental
Management
Residential
Medium Density
Attachment 2

Attachment 3

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 Housing Element Policy 3.4 – Continue to implement the Affordable Housing Ordinance, Density Bonus Ordinance, and other programs as a means of integrating affordable units within new residential development.
 Housing Element Policy 4.2 – Implement and enforce residential design guidelines to ensure that the community’s expectations are met with respect to the quality and style of housing projects.
 Housing Element Program 18: Design Review Process – The City will continue to use the Livable Community Residential Design Guidelines in concert with the City’s General Plan, Zoning and Subdivision Ordinance and other area plans. The City will continue to ensure that projects comply with the City’s design review process and the Design Guidelines.
 Goal 4.7 Land Use Suitability – Ensure that the orderly development of land for the needs of the existing and projected population within in the City limit and Sphere of Influence is based on the land’s overall suitability, including: the accessibility of existing and proposed public facilities, services, and utilities, physical and financial constraints; and/or growth inducing impacts.
 Policy 4.G Land Use Suitability – The City shall encourage the development of urban uses on those lands best suited for urban uses and discourage it on lands unsuited for urban uses.
 Goal 4.2: Neighborhoods – Conserve and improve the living environment of existing Watsonville neighborhoods.
 Policy 4.B: Neighborhood Preservation –The City shall plan for the protection of existing neighborhood qualities and the provision of adequate neighborhood facilities in developing areas.
 Implementation Measure 4.B.2: New Neighborhood Facilities – The City shall utilize land use controls, such as, specific plan, LOS standards, and zoning development controls, to ensure balanced neighborhood development in a compact pattern, and to avoid premature extension of public facilities and services.  Implementation Measure 4.A.2: Land Use Compatibility – The City shall monitor housing production to ensure compatibility with surrounding land uses.  Goal 5.1 Visual Resources – Preserve and enhance the built and natural visual resources within Watsonville.

Attachment 2

Attachment 3

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 Goal 5.6 Urban Design – Achieve high standards of street, site and building design that are both efficient, and aesthetically pleasing.
 Policy 5.A Project Design Review – The preservation of visual resources shall be accomplished through the design review process.
 Policy 5.B Design Consistency – The City shall review new development proposals to encourage high standards of urban design and to ensure that elements of architectural design and site orientation do not degrade or conflict with the appearance of existing structures.
 Implementation Measure 5.A.4: Development Standards – In addition to the Design Review Guidelines, the City shall use the adopted standards for multiple family residential developments to ensure that medium- and high-density development is designed so as to enhance rather than detract from the urban environment.  Implementation Measure 5.B.3: Enhancement – The City shall utilize the development standards, zoning ordinance regulations for each district, and the design review guidelines to ensure that new development is an asset to the existing neighborhood and community with regard to parking, landscaping, open space, and project design.  Goal 9.5 Water Quality – Ensure that surface and groundwater resources are protected.  Policy 9.D Water Quality – The City shall provide for the protection of water quality to meet all beneficial uses, including domestic, agricultural, industrial, recreational, and ecological uses.
 Goal 9.8 Wildlife Habitat – Preserve and protect the remaining areas of wildlife habitat for their scenic and scientific value.
 Policy 9.F Wildlife Habitat Protection – The City shall designate for open space and environmental management those areas rich in wildlife species and fragile in ecological makeup. These habitat zones shall be made part of the greenbelt where appropriate.

The project would provide housing within an existing neighborhood on land designated for residential development. The units would be 100 percent affordable and accommodate people of low, very low, and extremely low-income levels. The 72 units would contribute towards achieving the RHNA10 figures in the City’s 2015-2023 Housing Element for these income

10 The Regional Housing Needs Allocation (or “RHNA”) is based on State of California projections of population growth and housing unit demand and assigns a share of the region’s future housing need to each jurisdiction within Attachment 2

Attachment 3

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The project would also replace the existing residential substance abuse treatment facility at 161 Miles Lane with a new residential substance use disorder treatment facility and an outpatient rehabilitation facility. These facilities provide a valuable service for the community and is complementary with the affordable housing component of the project.

The site abuts existing utilities that can be extended to serve the project. The project is not anticipated to induce population growth other than the residents that would directly inhabit the proposed residential units.

The project is consistent with all development regulations of the RM-2 Zoning District and the City of Watsonville Residential Development Standards for multi-family rental projects with approval of the requested concessions and modifications to development regulations.

Additionally, the project is consistent with the City of Watsonville Livable Community Residential Design Guidelines (2001).

The proposed project does not encroach on land designated Environmental Management.

Pursuant to WMC Section 6-3-535, the project is required to comply with the City’s postconstruction stormwater requirements, which are intended to minimize stormwater pollution and thereby protect receiving waterbodies, such as rivers, creeks and wetlands.

In summary, the proposed project, with implementation of conditions of approval, would be generally consistent with policies in the General Plan. Because general plans often contain numerous policies emphasizing differing legislative goals, a development project may be consistent with a general plan, taken as a whole, even if the project appears to be inconsistent with some of its policies. Based on a review of the General Plan’s goals and policies, the proposed project is in harmony with the overall intent of the City’s General Plan goals and policies, including those pertaining to commercial land uses, land use compatibility, design, site improvement, and wildlife habitat protection. It is within the Planning Commission’s purview to decide if the proposed project is consistent or inconsistent with any applicable City goals or policies. Based on the analysis presented above, however, the project meets the intent of the City’s General Plan goals and policies.

Zoning
The Zoning Ordinance implements the General Plan, regulates the future growth of the City, and promotes orderly community development.12 It includes the Zoning Map, which sets forth the designations, locations and boundaries of zoning districts.

the Association of Monterey Bay Area Governments (AMBAG). These housing need numbers serve as the basis for the update of the Housing Element in each California city and county. 11 City of Watsonville 2015-2023 Housing Element, Chart 4.2 Vacant and Underutilized Parcels. 12 The General Plan and Zoning are not the same. A general plan is a set of long-term goals and policies that a community uses to guide development decisions. Although the plan establishes standards for the location and Attachment 2

Attachment 3

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The project is consistent with the list of allowable uses for and general purpose of the RM-2 Zoning District, in that multi-family dwellings are a permitted use. Apartments with 17 or more units are permitted conditionally with issuance of a Special Use Permit. In addition, a residential care facility for seven or more persons is also permitted with issuance of a Special Use Permit.

WMC Section 14-16.303(b). The applicant has requested allowing a mix of residential and nonresidential uses and issuance of a single Special Use Permit as part of the Planned Development application.

Conformity with District Regulations and Residential Development Standards The proposed project is consistent with all development regulations for the RM-2 Zoning District and City of Watsonville Residential Development Standards for multi-family rental projects with the following concessions and modifications:

1. A front yard setback of 12 feet for the Encompass inpatient (residential) building in lieu of the minimum 15-foot front yard setback requirement;

2. A front yard setback of 10 feet for the MidPen building #6 in lieu of the minimum 15-foot front yard setback requirement;

3. A rear yard setback of 5 feet for the MidPen building #3 in lieu of the minimum 10-foot rear yard setback requirement;

4. A building height of 48 feet for the MidPen building #5 in lieu of the maximum 40-foot height limit;

5. A reduced minimum net land area of 161,797± square feet for the MidPen portion of the site in lieu of the regulations requiring 255,000 square feet;

6. A parking reduction to provide 102 spaces for the MidPen portion of the project in lieu of the required 109 spaces; and

7. A mix of land uses (residential and non-residential) onsite.

Items 1, 2, 3, 4, 5, and 7 are requested as part of the Planned Development process; item 6 is requested as a concession under state Density Bonus law.

Minimum Building Setbacks and Maximum Building Height. The project plans show the location of the buildings in relation to property boundaries and public roadways (Attachment 2, Site Plan, sheet A100). Table 2a and 2b provide a summary of these buildings in relation to required front, side and rear yard setback requirements. As shown in these tables, most of the buildings conform to the City’s setback requirements except for the requested modification to the front and rear yard setbacks to allow the construction of building #3 and #6 for MidPen and the inpatient (residential) building for Encompass in their proposed location. Similarly, aside

density of land uses, it does not directly regulate land use. Zoning, on the other hand, is regulatory. Under the zoning ordinance, development must comply with specific, enforceable standards such as minimum lot size, maximum building height, minimum building setback, and a list of allowable uses.

Attachment 2

Attachment 3

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TABLE 2a Consistency of Encompass Buildings with District Regulations Provision Standard Residential
Building
Outpatient
Building
Minimum setbacks (feet)
Front 15 12± 70±
Interior side 5 7± 47±
Exterior side 10 n/a 12±
Rear 10 7± 47±
Maximum building height (feet) 40 16± 17±
Source: WR&D Architects, Site Plan & Encompass Exterior Elevations, sheets A100 & A407 (02.28.2020) TABLE 2b Consistency of MidPen Buildings with District Regulations Provision Std. Bldg.
#1
Bldg.
#3
Bldg.
#4
Bldg.
#5
Bldg.
#6
Bldg.
#8
Minimum setbacks (feet)
Front 15 144± 122± 21± 17± 10± 55±
Interior side 5 90± 6± 86± 19± 22± 6±
Exterior side 10 n/a n/a n/a n/a n/a n/a
Rear 10 35± 5± 136± 124± 180± 84±
Maximum bldg. height (ft) 40 38± 39± 39± 48± 39± 24±
Source: WR&D Architects, Site Plan & Building 1-8 Exterior Elevations, sheets A100 & A401-A406 (02.28.2020) Minimum Net Land Area. The minimum net land area requirement for development in the RM2 Zoning District is intended to limit the density of residential development based on the number of bedrooms per unit. As shown in Table 3, this development regulation results in a minimum land area of 255,000 square feet, which is 93,203± square feet (or 37 percent) greater than the land area available for development by MidPen for providing affordable housing.

TABLE 3 Minimum Net Land Area Requirement
Unit Type
(Bedrooms)
Units Area
per Unit
Land
Area
Studio 16 3,250 52,000
1-bedroom 19 3,250 61,750
2-bedroom 18 3,625 65,250
3-bedroom 19 4,000 76,000
Total 72 255,000
Source: WR&D Architects, Site Plan, sheets A100 (02.28.2020) Parking. The minimum parking requirement for residential projects with apartment units is a one carport and one open parking space per dwelling unit, pursuant to Section II.A.2 of the Residential Development Standards and WMC Section 14-17.201(a)(3). In addition, the minimum guest parking requirement for apartments with up to 75 units is one space per four bedrooms. The proposed project is not required to be consistent with these parking requirements, because state Density Bonus law has established lower standards for affordable Attachment 2

Attachment 3

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 Zero to one bedroom: one on-site parking space;
 Two to three bedrooms: two on-site parking spaces; and  Four and more bedrooms: two and one-half parking spaces.

Table 4a provides a breakdown of the minimum parking requirement for the affordable housing component of the project. As shown in this table, a minimum of 109 would be required.

However, the project provides seven fewer parking spaces and the applicant has requested a concession under state Density Bonus law to allow the parking standard for the proposed studio units to have a parking ratio of 0.565 spaces (Table 4b). The challenging site topography and natural areas minimize the developable portion of the site. Without a parking reduction, the applicant would have to expand the amount of level surfaces necessary for constructing parking stalls, which would require costly site improvements (e.g., retaining walls, soil excavation, offhauling). MidPen further indicates in the Density Bonus Housing Plan that this ratio is based on the parking demand at other affordable housing development in Santa Cruz County, such as the Jessie Street Apartment in Santa Cruz, St. Stephen Senior Housing in Live Oak, Aptos Blue in Aptos, and Sunny Meadows in Watsonville (Attachment 4).

TABLE 4a Minimum Parking Requirement
Unit Type # Spaces
per Unit
Total
Spaces
Studio 16 1 16
1-bedroom 19 1 19
2-bedrrom 18 2 36
3-bedroom 19 2 38
Total 72 109
TABLE 4b Proposed Parking with Concession
Unit Type # Spaces
per Unit
Total
Spaces
Studio 16 0.565 9
1-bedroom 19 1 19
2-bedrrom 18 2 36
3-bedroom 19 2 38
Total 72 102
Bicycle Parking. The proposed project provides two bicycle storage rooms, one in Building 3 and another in Building 5 (Figure 3). Altogether, these two rooms provide secure bicycle parking for approximately 40 bikes.

Attachment 2

Attachment 3

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Source: WR&D Architects, Building 5 Architectural Plan, sheet A207 (02.28.2020) Landscaping/Buffer Areas. Pursuant to Section III.C.2 of the Residential Development Standards, 20 percent of the project site must be landscaped. The conceptual Landscape Plan (Attachment 2, sheets L-1.0, L-1.1, and L-1.2) shows the location of proposed landscape areas.

In accordance with this requirement, all areas of the site that are not utilized for buildings, patios, parking, pedestrian paths, or vehicle access are landscaped or open space, totaling 55 percent of the site. Proposed plantings include 17 new street tees (e.g., London plane and pistache trees), 16 accent trees (e.g., crape myrtle and flowering plum), 32 interior trees (e.g., arbutus standard and brisbane box), nine evergreen trees (e.g., flaxleaf paperbark and fern pine), eight large native trees (e.g., California sycamore and coast live oak), 19 small native trees (e.g., vine maple and toyon), and a mix of shrubs, grasses and groundcovers.

A condition of approval requires the landscaping and irrigation design comply with the California Model Water Efficient Landscape Ordinance, in accordance with WMC Section 6-3.801.

Fencing. The proposed Site Plan and Landscape Plan (Attachment 2, sheets A100 and L-2.2) shows the location, height, materials and design for all proposed fencing. A 6-foot high redwood fence would divide the portions of the site from one another, such as the Encompass outpatient and inpatient (residential) buildings. Fencing would also frame and partially screen from view the affordable housing and open space areas associated with MidPen’s portion of the site. The proposed fence design would complement the design of the proposed residential buildings and is compatible with residential privacy fences existing in the neighborhood.

Trash Enclosure. A trash enclosure is required for projects with five or more dwelling units, pursuant to Section III.C.9 of the Residential Development Standards. Three trash enclosures are proposed for the project. Proposed materials consist of metal gates and concrete block walls (Attachment 2, sheet A110). Access to the enclosures have been reviewed by the Public Works and Utilities Department. A condition of approval requires the enclosures to be constructed to City standards, including the requirement for a solid roof cover (City of Watsonville Public Improvement Standard No. S-602). As shown on the conceptual Landscape Plan (Attachment 2, sheet L-1.0), new landscaping would also help screen the enclosures from view and prevent graffiti.

Attachment 2

Attachment 3

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Conformity with Residential Design Guidelines
The City of Watsonville’s Livable Community Residential Design Guidelines (2001) is intended to communicate the community’s expectation for quality neighborhoods and housing. The Guidelines are used in concert with the City’s General Plan, Zoning and Subdivision Ordinance and provides direction for shaping new residential development and infill housing in existing neighborhoods. The Design Guidelines add a qualitative direction for new projects in support of General Plan policies, and provide guidance for increasing density with greater attention paid to amenities and creating interconnected and livable neighborhoods. The Design Guidelines also supplement the Zoning Ordinance, which establishes basic quantitative direction for residential development standards (e.g., setbacks, lot coverage, parking), by providing neighborhood and architectural design principles and objectives. For instance, the Design Guidelines provide ways to reduce the visual impact of parking. In addition, the Design Guidelines augment City engineering design standards with additional criteria for streetscapes and a greater variety of street sizes, including narrow alley streets.

FIGURE 4a Proposed MidPen building design (typ.)
Source: WR&D Architects, Building 8 Exterior Elevations, sheet A406 (02.28.2020) FIGURE 4b Proposed Encompass building design (typ.)
Source: WR&D Architects, Encompass Exterior Elevations, sheet A407 (02.28.2020) The project is designed in accordance with the Design Guidelines. The project provides buildings that are well-composed, balanced, and appropriately articulated on all sides and have Attachment 2

Attachment 3

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The massing of wall and roof planes are broken up by the use of balconies, dormers, trim, offsets in surfaces, and varying roof heights. Buildings materials are primarily alternative vertical and horizontal cement fiber siding (painted different colors) to provide a smooth lap siding appearance; a belly band divides vertical and horizontal siding. Parking is unobtrusively tucked under buildings 1, 3, 4, 5 and 6. Surface lots in view of the public right-of-way have landscaping and/or fencing to help screen parking spaces from view and minimize their visual impact.

Building 3 steps down from three to two floors near the property boundary shared with the mobile home park. The project includes a community building and several common open spaces with amenities such as a play structure for young children, turf area for open play activities, slough observation patio with picnic table, courtyard with seating, and raised garden beds. As such, the project design adheres to many of the principles and objectives in the Design Guidelines, including the following provisions:
 Section 3.21 Site Planning
o Buildings should define community and common open spaces. o Public, community and private spaces should be clearly distinguishable. o Units should provide “eyes-on-the-street” security by orienting towards streets and common areas.
o Site entries should distinguish themselves with added texture or use of contrasting materials.
o Entry drives to multifamily housing should be designed to create a positive identity for the project. Landscape and site design should frame and distinguish entry drives.
o Parking shall be screened by landscaping or buildings. o Parking should be unobtrusive and not disrupt the quality of common spaces and pedestrian environments of multifamily development.
o Visible long and unbroken rows of parked cars or garage doors should not be permitted. Parking should be distributed throughout the site in discrete courts and garages.
o Services for multifamily development should not be visible from public areas. Trash bins, utility meters, transformers, and other service elements should be enclosed or otherwise concealed from view.
 Section 3.22 Common Areas
o Multifamily development must provide both common and private open space for each unit consistent with residential development standards. o Common spaces and amenities should enhance the sense of community in multifamily projects.
 Section 3.23 Architectural Design
o Multi-family projects should utilize a unifying theme and possess a common vocabulary of forms and architectural elements.
o Visual interest should be created by articulation of facades, forms and use of color. o Building forms should be articulated by varying roof heights and wall planes; long, unbroken volumes and large, unarticulated wall and roof planes shall not be permitted.

Attachment 2

Attachment 3

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o Every façade should be well composed, articulated and consistent on each façade.  Section 3.24 Materials and Colors
o Architecture should use a palette of materials which convey an image of quality and durability.
o All facades should employ the same vocabulary of materials. o On corner units, architectural materials should be consistent on both exposed elevations.
o Painted surfaces should use colors that reinforce architectural concepts and are compatible with natural materials, such as brick or stone.  Section 3.25 Lighting
o Lighting in projects should be designed for specific tasks (i.e., illuminating common areas, parking, paths, entryways, etc.).
o Fixtures should incorporate cutoffs to screen the view of light sources from residents.
 Section 3.26 Landscape
o All site areas not covered by structures, walkways, driveways or parking spaces should be landscaped.
o Landscaping should support the distinction and transition between private, common and public spaces.
o Landscape materials should be live plants; gravel, rock, bark and other materials are not a substitute for plant cover.
o Landscape shall be permanent with automated irrigation; water-intensive plants, such as lawns and flowering exotics, should be used sparingly as accents. o Parking lots should be generously landscaped to provide shade, reduce glare and provide visual interest.

Site Access/Circulation
Existing vehicle access to the project site is provided by Miles Lane and Santa Clara Street. The Traffic Impact Study prepared for the project indicates that the project would not generate traffic which would conflict with anticipated traffic levels in the neighborhood or require traffic control devices save for the intersection of Auto Center Drive and Marin Street. The increase in traffic contributed by the project may exacerbate already hazardous driving conditions at this intersection. Implementation of Mitigation Measure TRANS-1 would reduce impacts to less than significant levels, and has been included as a condition of approval.

Pedestrian access is presently provided by existing sidewalk adjoining the project site. A condition of approval requires the applicant to install street improvements to City standards, including sidewalks where absent or in need of repair. In addition, as shown on the Preliminary Map (Attachment 2), the project would provide a trail easement across the site. This easement would allow the City to construct a portion of the Upper Watsonville Trail (Segment 9.4) called for in the City’s Trails and Bicycle Master Plan (2012).

Attachment 2

Attachment 3

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Nighttime illumination has the potential to change ambient lighting conditions and create a visual nuisance or hazard. The impact of nighttime lighting depends upon the type of use affected, the proximity to the affected use, the intensity of specific lighting, and the background or ambient level of the combined nighttime lighting. Nighttime ambient light levels may vary considerably depending upon the age, condition, and abundance of point-of-light sources present in a particular view. The use of exterior lighting for security and aesthetic illumination of architectural features may contribute substantially to ambient nighttime lighting conditions.

Spillover of light onto adjacent properties (“light trespass”) has the potential to interfere with certain activities including vision, sleep, privacy and general enjoyment of the natural nighttime condition. Light sensitive uses include residential, some commercial and institutional uses and natural areas. Changes in nighttime lighting may significantly impact sensitive land uses if a proposed project increases ambient lighting conditions beyond its property line and project lighting routinely spills over into adjacent light-sensitive land use areas.

The project would provide lighting on the buildings and in the parking lot. Proposed lighting consists of 85 wall-mounted light fixtures (to illuminate the buildings’ exterior and adjoining walks), 52 canopy light fixtures (to illuminate podium parking spaces), and 56 pole-mounted light fixtures (to illuminate parking spaces and drive aisles). The Photometric Site Plan (Attachment 2, sheet PH-1) provides the anticipated exterior light intensity. As shown on this plan, the proposed lighting would provide low to moderate light intensities around the buildings and within parking areas. The greatest light intensities result from the canopy fixtures to illuminate the podium parking spaces. Anticipated light levels would range from 3.3 footcandles (fc) to 17.2 fc in these areas. Pole-mounted lighting would illuminated the remaining surface parking spaces and drive aisles with light intensities ranging between approximately 1 fc and 7 fc, with higher intensity directly below the fixtures. Lower lighting intensities would be created by the wallmounted fixtures to illuminate the sides of buildings with light less than 2 fc. These lighting levels would provide adequate light to illuminate the site, consistent with light levels in a residential neighborhood.

The photometric analysis also demonstrates that anticipated light intensities would not result in a visual nuisance. Little to no light would spill over onto adjoining residential properties and into nearby riparian habitat. Any potential spillover light would be further obscured from view by landscape plantings and fencing. Therefore, the project is not anticipated to create a glare nuisance.

Drainage
New development and redevelopment construction projects are subject to the City’s postconstruction stormwater management requirements (PCRs).13 WMC § 6-3.535. The proposed

13 The primary objective of the City’s PCRs is to ensure the reduction of pollutant discharges to the maximum extent possible and prevent stormwater runoff from causing or contributing to a violation of water quality standards. The PCRs categorize projects into four primary tiers based mainly on the net increase in impervious surfaces that would result from a project (i.e., the amount of new and replaced impervious surfaces). Each PCR tier is linked to increasingly stringent performance requirements for stormwater management and treatment. Each PCR tier is Attachment 2

Attachment 3

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The project plans include a preliminary Grading and Drainage Plan (Attachment 2, sheets C3.0 and C3.1) and Stormwater Control Plan (Attachment 6). As shown on these plans, proposed drainage facilities and post-construction features include dividing the site into 11 drainage management areas (DMAs), directing runoff from impervious surfaces (e.g., roof, hardscape, parking areas) to bioretention basins, limiting disturbance of natural drainage features, and providing underground storage facilities. These drainage management features are intended to control the flow rate and pollutant load to pre-project levels.

Engineering staff has reviewed the project’s proposed drainage plans. A condition of approval requires the applicant to revise the plans in accordance with detailed comments prior to issuance of a building permit.

Flood Hazard Prevention
A portion of the project site is in a Federal Emergency Management Agency (FEMA) flood zone.

The low-lying area that corresponds with the upper reaches of the Watsonville Slough is within the 100-year floodplain (Zone AE) with a base flood elevation of 26 to 26.3 feet (FEMA Flood Map Panel 0392E, Map No. 06087C0392E, revised May 16, 2012). The project may not impact the floodway and must protect buildings from potential flooding. As shown on the project plans, the finished floor elevation of the closest buildings is well above this flood zone (Attachment 2, Sections, sheet C4.1).

Environmental Review
An Initial Study has been prepared for the project in accordance with the provisions of CEQA (Attachment 7). The Initial Study addresses the potential physical environmental effects of the project for each of the environmental topics outlines in Appendix G of the CEQA Guidelines.

Impacts to biological resources, cultural and tribal resources, geology and soils, hazards and hazardous materials, and transportation were found to be potentially significant but mitigable to less than significant. Impacts to other resource areas and environmental topics were found to be less than significant without mitigation.

The Initial Study was made available for public review and comment from December 2, 2019, to January 2, 2020. Hardcopies of the Initial Study were available for public review at the Community Development Department and Watsonville Public Library.

Table 5 provides a list of the federal, state, regional and/or local agencies along with private organizations and individuals that commented on the Initial Study.

subject to the performance requirements of that tier, plus the performance requirements of the lower tiers, as applicable.

Attachment 2

Attachment 3

\\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\WATS\Attachments\f850957e-9fe5-4238-8012-29c40f5f3937.docx Page 24 of 25 TABLE 5 List of Commenters
Commenter Agency/Group/Organization
Federal Agencies
None
State Agencies
Scott Morgan, Director OPR State Clearinghouse
Regional and Local Agencies
Christine Duymich, Air Quality Planner II Monterey Bay Air Resources District Private Groups and Organizations
Jennifer Alaniz Nearby resident
No significant impacts were identified in the comments. Ms. Alaniz is a resident at the Portola Heights Mobile Park who requests to be notified on project developments. The letter sent by Mr. Morgan is a formal comment letter from the State Clearinghouse acknowledging that no State agencies submitted comments to the Office of Planning and Research (OPR) by the close date of January 2, 2020, and that the City has complied with the State’s review requirements for draft environmental documents, pursuant to CEQA. The Monterey Bay Air Resources District letter mainly provides information. These comments do not changes the analyses or conclusions of the Initial Study. Responses and clarifications are included as Attachment 8.

On February 28, 2020, the applicant revised the project plans to remove two buildings and associated retaining walls on steep slopes. This change was based on reducing construction costs. The applicant also revised the project plans to increase the overall number of dwelling units from 61 to 72 by adding a third story to five buildings. These changes to the project do not result in any new impacts to the environment; therefore, as discussed in greater detail in Attachment 9, the Initial Study did not need to be recirculated.

A Resolution for consideration by the Planning Commission recommending that the City Council adopt the Mitigated Negative Declaration includes required findings, in accordance with Public Resources Code section 21080(c) and CEQA Guidelines section 15074. The findings adopt feasible mitigation measures to reduce the identified significant environmental impacts of the project. A Mitigation Monitoring and Reporting Program (MMRP) for the project would be adopted as part of this action. The purpose of the MMRP is to ensure the mitigation measures adopted in the findings for the project are implemented, in accordance with CEQA requirements.

All identified mitigation measures are incorporated as conditions of approval.

CONCLUSION
The proposed Lot Line Adjustment, Density Bonus, Planned Development, Special Use Permit with Design Review and Environmental Review (PP2019-14) would allow the construction of the Miles Lane Project on a 4.7± acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane (APNs 016-491-01, -02, & -03, & 016-111-44). The project is consistent with the General Plan and Zoning Ordinance with approval of the requested Density Bonus and PD Overlay District. The project would provide housing within an existing neighborhood on land designated Attachment 2

Attachment 3

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An Initial Study has been prepared for the project in accordance with the provisions of CEQA, which provides substantial evidence that the project would not have a significant effect on the environment. Therefore, staff recommends that the Planning Commission (a) adopt a Resolution recommending that the City Council adopt a Mitigated Negative Declaration and (b) adopt a Resolution recommending that the City Council approve the project entitlements, subject to findings and conditions.

ATTACHMENTS

1. Site and Vicinity Map

2. Plan Set (February 28, 2020)

3. Revised Planned Development Request (February 28, 2020)

4. Revised Density Bonus Housing Plan (February 28, 2020)

5. Post-construction Stormwater Requirements Summary

6. Preliminary Stormwater Control Plan (February 27, 2020)

7. Initial Study/Mitigated Negative Declaration (prepared Dec. 2, 2019; updated April 2020)

8. Response to Comments Memorandum (April 2020)

9. Revised Miles Lane Project IS/MND Recirculation Memo (April 21, 2020) An electronic copies of the above attachments along with the Initial Study, including the response to comments memorandum, for the Miles Lane Project (SCN 2019129010) is available on the City’s website at:
https://www.cityofwatsonville.org/DocumentCenter/Index/157 Attachment 2

Attachment 3

Reso No. 120-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane Mitigated Negatove Declaration.docx ri 6/24/2020 12:01:16 PM
1 RESOLUTION NO. 120-20 (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE ADOPTING THE MITIGATED NEGATIVE DECLARATION (PP2019-14) FOR THE CONSTRUCTION OF A 72 UNIT MULTI-FAMILY AFFORDABLE HOUSING DEVELOPMENT ON A 4.7± ACRE SITE
LOCATED AT 139, 141, 161 MILES LANE AND 201 KIMBERLY LANE, WATSONVILLE, (APNS 016-491-01, -02, AND -03, AND 016-111-44); AND

ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM

FOR THE PROJECT, IN ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, on January 16, 2019, an application for a Special Use Permit with Design Review and Environmental Review (PP2019-14), Lot Line Adjustment, and Density Bonus, to allow construction of a 61 unit multi-family affordable housing development located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, California, was filed by Elizabeth Nahas Wilson with MidPen Housing Corporation, applicant, on behalf of the Michael C. Marchisio Trust and Namvar & Shireen Dinyari; and
WHEREAS, on June 12, 2019, the applicant amended the entitlement application to include a request for adopting a Planned Development Overlay District; and WHEREAS, the California Environmental Quality Act (Public Resources Code section 21000, et seq., and the California Environmental Quality Act Guidelines, 14 California Code of Regulations section 15000, et seq., collectively, “CEQA”) requires a lead agency to prepare a Mitigated Negative Declaration for projects that could have a significant impact on the environment without mitigation; and WHEREAS, an Initial Study was prepared for the proposed project (dated December 2, 2019) in accordance with Section 15063 of the CEQA Guidelines. The Initial Study addresses the potential physical environmental effects of the proposed Attachment 4

Reso No. 120-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane Mitigated Negatove Declaration.docx ri 6/24/2020 12:01:16 PM
2 project for each of the environmental topics outlined in Appendix G of the CEQA Guidelines. Impacts to biological resources, cultural and tribal resources, geology and soils, hazards and hazardous materials, and transportation were found to be potentially significant but mitigable to less than significant. Impacts to other resource areas and environmental topics were found to be less than significant without mitigation; and WHEREAS, on December 2, 2019, City staff filed a Notice of Intent and copies of the proposed Mitigated Negative Declaration (“MND”) with the State Clearinghouse, and thereby initiated the 30-day public review period for the document, which closed at 5:00 p.m. on Thursday, January 2, 2020. Notice was also given to local and regional agencies by mail and to neighboring property owners and interested parties as part of public hearing notices. Copies of the Initial Study were made available for public review at the Community Development Department and Watsonville Public Library; and WHEREAS, on February 28, 2020, the applicant revised the project plans to remove two buildings and associated retaining walls on steep slopes. This change was based on reducing construction costs. The applicant also revised the project plans to increase the overall number of dwelling units from 61 to 72 by adding a third story to five buildings. These changes to the project do not result in any new impacts to the environment and, therefore, did not trigger the need for the Initial Study to be recirculated, pursuant to Section 15073.5 of the CEQA Guidelines; and WHEREAS, on May 5, 2020, the Planning Commission conducted a public hearing, considered evidence both oral and documentary introduced and received, and adopted Resolution No. 11-20 (PC), recommending the City Council adopt the Mitigated Negative Declaration with the Mitigation Monitoring and Reporting Program, in Attachment 4

Reso No. 120-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane Mitigated Negatove Declaration.docx ri 6/24/2020 12:01:16 PM
3 accordance with the California Environmental Quality Act for the Miles Lane Project on a 4.7± acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, California (APNs 016-491-01, -02, & -03, & 016-111-44); and WHEREAS, notice of time and place of the hearing to consider the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was given at the time and in the manner prescribed by the Zoning Ordinance (Section 14-10.900) of the Watsonville Municipal Code. The matter called for hearing evidence both oral and documentary introduced and received, and the matter submitted for decision.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

The City Council does hereby make and adopt the following Findings and adopt with these Findings a Mitigation Monitoring and Reporting Program, attached hereto and marked as Exhibit “A,” in support of the Mitigated Negative Declaration for the construction of a 72 unit multi-family affordable housing development on a 4.7± acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville (APNs 016- 491-01, -02, & -03, & 016-111-44) in compliance with the requirements of CEQA:

1. The City, in its capacity as Lead Agency, has prepared an Initial Study and MND for the project. The purpose of the Initial Study is to determine whether the project could have a potentially significant effect on the environment and to identify and impose appropriate project mitigation measures to avoid such impacts or reduce them to a less-than significant level;
Attachment 4

Reso No. 120-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane Mitigated Negatove Declaration.docx ri 6/24/2020 12:01:16 PM
4 2. The Initial Study and MND reflects the City of Watsonville’s independent judgment and analysis;

3. The MND was prepared in accordance with all legal requirements, including all public notice and comment period requirements, set forth in CEQA;

4. The Initial Study examined all relevant environmental issues associated with the project, and is a complete and adequate environmental document under the requirements of CEQA. Specifically, the Planning Commission supports the conclusions of the Initial Study and the mitigation measures proposed for the MND, as both documents as supported by substantial evidence; and

5. There is not substantial evidence in the record that the project, as mitigated, will have a significant effect on the environment for areas analyzed in the Initial Study, including biological resources, cultural and tribal resources, geology and soils, hazards and hazardous materials, and transportation. As discussed in the Initial Study analysis, mitigation measures have been identified that, when implemented, will avoid or reduce each of these impacts to less-than-significant levels. *******************************************
Attachment 4

The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 23rd day of June , 2020, by Member Hurst , who moved its adoption, which motion being duly seconded by Member Estrada was upon roll call carried and the resolution adopted by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED AS TO FORM:
~
Coffman-Gomez, Estrada, Gonzalez,
Hernandez, Hurst, Parker, Garcia
None
None
Rebecca f Garcia, Mayor
************************************
I, Beatriz Vazquez Flores , City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 120-20 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 23rd day of June , 2020, and that the foregoing is a full, true and c rrect copy of said Resolution. - {)(]~
' quez Flores, City Clerk
Reso No. 120-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane Mitigated Negatove Declaration.docx ri 6/24/2020 12:01 :16 PM
Date ~~ c:LO~() IJ
5 Attachment 4

CITY OF WATSONVILLE EXHIBIT “A”

CITY COUNCIL
Application No: PP2019-14
APNs: 016-491-01, -02, & -03,
& 016-111-44
Applicant: MidPen
Hearing Date: June 23, 2020

CEQA FINDINGS AND MITIGATION MONITORING AND REPORTING PROGRAM I. INTRODUCTION TO CEQA FINDINGS
These Findings of Fact are made pursuant to the California Environmental Quality Act (Pub. Res. Code §21000 et seq., CEQA) and the CEQA Guidelines (Cal. Code Regs. title 14, §15000 et seq.) by the City of Watsonville (City), as the lead agency for the Miles Lane Project (or the project). These Findings of Fact pertain to the Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No. 2019129010) prepared for the project.

II. LOCATION AND CUSTODIAN OF THE RECORD
The documents and other materials that constitute the record of proceedings on which the City of Watsonville’s Findings of Fact are based are located at 250 Main Street, Watsonville, California. The custodian of these documents is Justin Meek, AICP, Principal Planner. This information is provided in compliance with Public Resources Code § 21081.6(a)(2) and 14 Cal. Code Regs. § 15074(c).

For purposes of CEQA and these Findings of Fact, the Record of Proceedings for the project consists of the following documents, at a minimum:
• The Notice of Intent (NOI) to adopt a Mitigated Negative Declaration and all other public notices issued by the City of Watsonville and in conjunction with the project.
• The Initial Study, including appendices and technical studies included or referenced in the Initial Study, including the Mitigation Monitoring and Reporting Program (MMRP) for the project.
• All comments submitted by agencies or members of the public during the public comment period on the Initial Study.
• All comments and correspondence submitted to the City of Watsonville with respect to the project.
• All Findings and resolutions adopted by the City of Watsonville decision makers in connection with the project and all documents cited or referred to therein. • All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by MIG, consultant to the City of Watsonville.
• All reports, memoranda, documentation, data output files relating to the land use and transportation modeling for the project.
• All documents and information submitted to the City of Watsonville by responsible, trustee, or other public agencies, or by individuals or organizations, Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

in connection with the project, up through the date the City of Watsonville decision makers approved the project planning entitlements. • Matters of common knowledge to the City of Watsonville, including, but not limited to federal, State, and local laws and regulations. • Any documents expressly cited in these Findings of Fact, in addition to those cited above.

III. MITIGATION MONITORING AND REPORTING PROGRAM
The City of Watsonville decision makers finds that a Mitigation Monitoring and Reporting Program (MMRP) for the project has been prepared and has been adopted concurrently with these Findings of Fact (Public Resources Code, § 21081.6(a)(1)). The MMRP for the project has been prepared in compliance with the requirements of Section 21081.6 of the California Public Resources Code and Section 15073 of the CEQA Guidelines.

The purpose of the MMRP is to ensure the adopted mitigation measures adopted in the Findings of Fact for the project are implemented, in accordance with CEQA requirements. The Findings of Fact adopt feasible mitigation measures to reduce the significant environmental impacts of the project. The mitigation measures adopted in the project Findings of Fact are listed in Section III of these Findings of Fact.

Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency

BIOLOGICAL RESOURCES
BIO-1: Nesting Bird Avoidance or Conduct Preconstruction Surveys. If construction, grading, or other project-related improvements are scheduled during the nesting season of protected raptors and migratory birds, a focused survey for active nests of such birds shall be conducted by a qualified biologist within seven (7) days prior to the beginning of project-related activities. The results of the survey shall be sent to the City of Watsonville prior to the start of project activities. The minimum survey radii surrounding the work area shall be the following: i) 250 feet for passerines; ii) 500 feet for other small raptors such as accipiters; iii) 1,000 feet for larger raptors such as buteos. Nesting seasons are typically defined as follows: i) March 15 to August 30 for smaller bird species such as passerines; ii) February 15 to August 30 for raptors.

The following measures shall be taken to avoid potential inadvertent destruction or disturbance of nesting birds on and near the project site as a result of construction-related vegetation removal and site disturbance:
 To avoid impacts to nesting birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) shall occur outside the avian nesting season (generally prior to February 1 or after August 31). Active nesting is present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest.
 If construction-related activities are scheduled to occur during the nesting season (generally February 1 through August 31), a qualified biologist shall conduct a habitat assessment and preconstruction nesting survey for nesting bird species no more than seven (7) days prior to initiation of work. A qualified wildlife biologist is an individual who possesses, at a minimum, a bachelor’s or advanced degree, from an accredited university, with a major in biology, zoology, wildlife biology, natural resources science, or a closely related scientific discipline, at least two years of field experience in the biology and natural history of local plant, fish, and wildlife resources present at the development site, and knowledge of state and federal laws regarding the protection of sensitive and endangered species. The qualified biologist conducting the surveys shall be familiar with the breeding behaviors and nest structures of birds known to nest in the project site. Surveys shall be conducted at the appropriate times of day during periods of peak activity (i.e., early morning or dusk) and shall be of sufficient duration to observe movement patterns. Surveys shall be conducted within the Project area and 250 feet of the construction limits for nesting non-raptors and 1,000 feet for Project Applicant Prior to construction City of Watsonville Planning Division
and Public Works
Inspector
Prior to issuance of
any grading permit(s).

The City shall review
and approve the
results of all preconstruction surveys
and any measures
recommended by the
biologist to avoid
sensitive species,
which shall be noted
on the final project
plans.

The project proponent
shall not initiate any
ground disturbing
activity until applicant
has submitted
evidence to the City
that Mitigation
Measures BIO-1, BIO2, BIO-3, and BIO-4 has
been completed and
are consistent with
USFWS and/or CDFW
permit requirements
(if agency involvement
is required). In
addition, prior to
ground disturbing
activities, the City shall
be provided with a
written summary of
the results of surveys
by a qualified biologist
Dependent on preconstruction
survey results.

If necessary, nest
protection buffers
will be fenced off
and active nest
monitoring will be
initiated prior to
permit issuance.

Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
nesting raptors, as feasible. If the survey area is found to be absent of nesting birds, no further mitigation would be required. However, if project activities are delayed by more than seven (7) days, an additional nesting bird survey shall be performed.
 If pre-construction nesting bird surveys result in the location of active nests, no site disturbance (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within the buffer zone established under BIO-2. Monitoring, by a qualified biologist, shall be required to ensure compliance with the relevant California Fish and Game Code requirements.

Monitoring dates and findings shall be documented. Active nests found inside the limits of the buffer zones or nests within the vicinity of the project site showing signs of distress from Project activity, as determined by the qualified biologist, shall be monitored daily during the duration of the Project for changes in breeding behavior. If changes in behavior are observed (e.g., distress, disruptions), the buffer shall be immediately adjusted by the qualified biologist until no further interruptions to breeding behavior are detected. The nest protection buffers may be reduced if the qualified biologist determines in compliance with CDFW permit requirements (if any) that construction activities would not be likely to adversely affect the nest. If buffers are reduced, twice weekly monitoring may need to be conducted to confirm that construction activity is not resulting in detectable adverse effects on nesting birds or their young. The qualified biologist may implement an alternative monitoring schedule depending on the construction activity, season, and species potentially subject to impact, subject to compliance with CDFW permits (if any). Construction shall not commence within the prescribed buffer areas until a qualified biologist has determined that the young have fledged or the nest site is otherwise no longer in use. A report of the findings will be prepared by a qualified biologist and submitted to the City prior to the initiation of construction-related activities that have the potential to disturb any active nests during the nesting season.
 City staff will not issue permits for ground disturbing activities until after the site has been surveyed by a qualified biologist to ensure that no active nest disturbance or destruction will occur as a result of the project. If necessary, nest protection buffers will be fenced off and active nest monitoring will be initiated prior to permit issuance.
to ensure that no
active bird nest
disturbance or
destruction of
breeding bat roosts
will occur as a result of
the project. If
necessary, nest
protection buffers will
be fenced off and
active nest monitoring
will be initiated prior
to permit issuance. A
qualified biologist will
also provide workerawareness training
prior to any work
within aquatic habitats
or adjacent upland
habitat where
California red-legged
frog has potential to
occur.

Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
BIO-2: Active Nest Buffer. The applicant shall designate active nests as “Ecologically Sensitive Areas” (ESA) and protect the nest (while occupied) during project activities with the establishment of a fence barrier surrounding the nest site.
 Buffer distances for bird nests should be site specific and an appropriate distance, as determined by the qualified biologist. The buffer distances should be specified to protect the bird’s normal behavior to prevent nesting failure or abandonment.
 The qualified biologist shall have authority to order the cessation of all nearby project activities if the nesting birds exhibit abnormal behavior which may cause reproductive failure (nest abandonment and loss of eggs and/or young) until an appropriate buffer is established.
 Typical protective buffers between each identified nest site and construction site are as follows: 1) 300 feet for hawks, owls and eagles; 2) 50 feet for passerines.
 The qualified biologist shall monitor the behavior of the birds (e.g., adults and young, when present) at the nest site to ensure that they are not disturbed by project activities.
 Nest monitoring shall continue during project work until the young have completely left the nest site; as determined by the qualified biologist.  No habitat removal or modification shall occur within the ESA-fenced nest zone until the young have fully fledged and will no longer be adversely affected by the project.

Project Applicant Prior to construction City of Watsonville Planning Division
and Public Works
Inspector
Review survey, confirm
buffer zones (if
required)
Once for survey/
Ongoing if nesting
birds identified and
until they have left
the nest
BIO-3: California Red-Legged Frog and Western Pond Turtle Avoidance.

Implementation of the following mitigation measure would reduce potential impacts to CRLF and WPT to less-than-significant.
 Silt fencing and orange construction fencing shall be erected along the project boundary, running parallel north to south along the perennial stream and around the seep wetland. The northern and southern ends of the silt and orange construction fencing shall extend at least 50 feet beyond the project site boundary to close off the work area. The bottom 4-6 inches of the fencing shall be buried to prevent wildlife from burrowing under the fence, allowing frogs or turtles entry to the work areas.
 Once the fences are erected and within 48 hours of initiating project construction, a qualified wildlife biologist (as defined under Mitigation Measure BIO-1 shall conduct a preconstruction survey of the project site in the Project Applicant Prior to and during
construction
City of Watsonville
Planning Division
and Public Works
Inspector
Confirm fencing,
training, biological
monitoring, and
erosion control
measures; review
surveys
Ongoing
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
vicinity of the fences to ensure that no frogs or turtles are trapped inside the project construction zone. During this preconstruction survey the biologist shall also inspect the fence to make sure it is installed correctly. The project lead (i.e. foreman) should alert the biologist if the exclusion fence is damaged and/or otherwise non-functioning and initiate repairs as soon as possible. In consultation with the qualified biologist, the project lead may also initiate a second survey to relocate any CRLF or WPT within the project fencing to outside the work area.
 Finally, a qualified biologist shall provide project contractors and construction crews with a worker-awareness program and oversee the placement of CRLF or WPT exclusion fencing before any work within aquatic habitats or adjacent upland habitats where CRLF or WPT have potential to occur. This program shall include a description of the species and its habitats, legal status and required protection, and all applicable mitigation measures.

BIO-4: Wetland Avoidance and BMP Implementation. Prior to grading, sturdy construction fencing shall be placed along the development boundaries and no construction activities shall be allowed outside of those boundaries. A qualified biologist shall confirm the extent to which jurisdictional wetlands will be impacted by the project. The biologist shall provide a written report, including photos, to the City of Watsonville, and, to the extent required by project permits, to the Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Wildlife no more than 30 days after this visit.

Project Applicant Prior to grading or
construction
City of Watsonville
Planning Division
and Public Works
Inspector
Review report and
confirm fencing
Once
BIO-5: Develop and Implement a Habitat Restoration Plan. The applicant shall develop and implement a Habitat Restoration Plan to be submitted and approved by the City of Watsonville prior to the issuance of final grading plans to mitigate for direct impacts to the willow woodland. The plan will address the following:
 In order to mitigate for 0.040 acres removal of willow riparian habitat the Habitat Restoration Plan shall provide a minimum of 0.120 acres (a 3:1 ratio) of habitat restoration and enhancement the site.
 The plan shall include performance criteria against which to measure the project’s success, a minimum of five years of maintenance and monitoring shall be included in order to demonstrate attainment of the performance criteria, and yearly status reports to be submitted to the City of Watsonville, and, to the extent required by project permits, to the Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Wildlife no later than December 31 of the year that Project Applicant Prior to grading or
construction
City of Watsonville
Planning Division
and Public Works
Inspector
Review Habitat
Restoration Plan
Once
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
monitoring occurred.

CULTURAL RESOURCES & TRIBAL CULTURAL RESOURCES
CUL‐1: Conduct Archaeological Sensitivity Training for Construction Personnel. The Applicant shall retain a qualified professional archaeologist who meets U.S.

Secretary of the Interior’s Professional Qualifications and Standards to conduct an archaeological sensitivity training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. The Applicant and/or qualified professional archaeologist shall propose a date for scheduling the training at the pre-construction meeting with City staff. The Applicant shall notify the City at least 48 hours before holding the training and keep a log of all attendees. The training session shall include a handout and shall focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation, if one is necessary.

Project Applicant Prior to grading or
construction
Consulting
archaeologist and
City of Watsonville
Public Works
Inspector
Conduct training Once (if entire
team is trained at
once)
CUL‐2: Cease Ground‐Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered. The Applicant shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior’s Professional Qualifications and Standards to conduct an archaeological sensitivity training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. The Applicant and/or qualified professional archaeologist shall propose a date for scheduling the training at the pre-construction meeting with City staff. The Applicant shall notify the City at least 48 hours before holding the training and keep a log of all attendees. The training session shall include a handout and shall focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation, if one is necessary.

Project Applicant During construction Consulting
archaeologist and
City of Watsonville
Public Works
Inspector
Review and confirm
recommendations
As needed if
resources are
unearthed
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
CUL‐3: Conduct Archeological Resource Spot Check during Grading and Earth‐ moving Activities in Younger Alluvial Sediments. The Applicant shall retain an archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards (qualified archaeologist) to conduct an archaeological spot check after excavation has reached two feet below ground surface. The check shall determine if excavations have exposed archaeological resources, or if there is significant potential remaining for discovery. Additional spot checks may be required at the discretion of the monitoring archaeologist. If archaeological resources are discovered during a spot check, a qualified archaeological monitor shall be required to monitor all subsequent ground moving activity. Multiple earth‐moving construction activities may require multiple archaeological monitors, as deemed appropriate by the qualified archaeologist.

Project Applicant During construction Consulting
archaeologist and
City of Watsonville
Public Works
Inspector
Conduct spot checks As needed, after
excavation of two
feet or more below
the ground surface
CUL‐4: Prepare Report Upon Completion of Monitoring Services. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring (if required). The report shall be submitted to the Applicant, the NWIC, the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA.

Project Applicant During construction Consulting
archaeologist and
City of Watsonville
Public Works
Inspector
Receive and review
report
As needed if
resources are
unearthed
CUL-5: Cease Ground-Disturbing Activities and Notify County Coroner If Human Remains Are Encountered. If human remains are unearthed during implementation of the proposed project, the County of Santa Cruz and the Applicant shall comply with State Health and Safety Code Section 6050.5. The County of Santa Cruz and the Applicant shall immediately notify the County Coroner and no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC).

The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). After the MLD has inspected the remains and the site, they have 48 hours to recommend to the landowner the treatment and/or disposal, with appropriate dignity, the human remains and any associated funerary objects. Upon the reburial of the human remains, the MLD shall file a record of Project Applicant During construction Consulting
archaeologist and
City of Watsonville
Public Works
Inspector
Review and confirm
recommendations
As needed if
human remains are
unearthed
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
the reburial with the NAHC and the project archaeologist shall file a record of the reburial with the CHRIS-NWIC. If the NAHC is unable to identify a MLD, or the MLD identified fails to make a recommendation, or the landowner rejects the recommendation of the MLD and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance.

GEOLOGY AND SOILS
GEO-1: California Building Code. All construction activities shall meet the California Building Code regulations for seismic safety. Construction plans shall be subject to review and approval of the City prior to the issuance of a building permit. All work shall be subject to inspection by the City and must conform to all applicable code requirements and approved improvement plans prior to final inspection approval or the issuance of a certificate of occupancy. The Applicant shall be responsible for notifying construction contractors about California Building Code regulations for seismic safety.

Project Applicant Prior to issuance of
building permit(s)
City of Watsonville
Building Division
Review construction
plans
Once
GEO-2: Erosion and Sediment Control Plan or Stormwater Pollution Prevention Plan. The Applicant shall submit an Erosion and Sediment Control Plan or Stormwater Pollution Prevention Plan prepared by a registered professional engineer or qualified stormwater pollution prevention plan developer as an integral part of the grading plan. The Plan shall be subject to review and approval of the City prior to the issuance of a grading permit. The Plan shall include all erosion control measures to be used during construction, including run-on control, sediment control, and pollution control measures for the entire site to prevent discharge of sediment and contaminants into the drainage system. The Plan shall include the following measures as applicable:
 Throughout the construction process, ground disturbance shall be minimized, and existing vegetation shall be retained to the extent possible to reduce soil erosion. All construction and grading activities, including short-term needs (equipment staging areas, storage areas and field office locations) shall minimize the amount of land area disturbed. Whenever possible, existing disturbed areas shall be used for such purposes.
 All drainage ways, wetland areas and creek channels shall be protected from silt and sediment in storm runoff using appropriate BMPs such as silt fences, Project Applicant Prior to issuance of
grading permit(s)
City of Watsonville
Public Works
Inspector
Review Erosion Control
Plan
Once for review of
Erosion Control
Plan; Ongoing for
conformance with
erosion control
measures during
construction
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
diversion berms and check dams. Fill slopes shall be stabilized and covered when appropriate. All exposed surface areas shall be mulched and reseeded.

All cut and fill slopes shall be protected with hay mulch and/or erosion control blankets, as appropriate.
 All erosion control measures shall be installed according to the approved plans prior to the onset of the rainy season but no later than October 15th. Erosion control measures shall remain in place until the end of the rainy season but may not be removed before April 15th. The applicant shall be responsible for notifying construction contractors about erosion control requirement.  Example design standards for erosion and sediment control include, but are not limited to, the following: avoiding disturbance in especially erodible areas; minimizing disturbance on slopes exceeding 30 percent; using berms, swales, ditches, vegetative filter strips, and catchbasins to prevent the escape of sediment from the site; conducting development in increments; and planting bare soils to restore vegetative cover.
 The applicant will also develop an inspection program to evaluate if there is any significant on-site erosion as a result of the rainfall. If there were problem areas at the site, recommendations will be made to improve methods to manage on-site erosion.

GEO-3: Conduct Paleontological Sensitivity Training for Construction Personnel.

The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology and shall conduct a paleontological sensitivity training for construction personnel prior to commencement of excavation activities. The Applicant and/or qualified professional paleontologist shall propose a date for scheduling the training at the pre-construction meeting with City staff. The Applicant shall notify the City at least 48 hours before holding the training and keep a log of all attendees. The training will include a handout and will focus on how to identify paleontological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of paleontological monitors, notification and other procedures to follow upon discovery of resources, and the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary.

Project Applicant Prior to grading or
construction
Consulting
paleontologist and
City of Watsonville
Public Works
Inspector
Conduct training Once (if entire
team is trained at
once)
GEO-4: Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered. If paleontological resources and or Project Applicant During construction Consulting
paleontologist and
Review and confirm
recommendations
As needed if
resources are
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
unique geological features are unearthed during ground-disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until appropriate paleontological treatment plan has been approved by the Applicant and the City. Work shall be allowed to continue outside of the buffer area. The Applicant and City shall coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist’s discretion and to reduce construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing.

City of Watsonville
Public Works
Inspector
unearthed

HAZARDS & HAZARDOUS MATERIALS
HAZ-1: Asbestos Containing Materials. Per recommendations in the Phase I Environmental Site Assessment (ESA) performed for the project site, prior to any redevelopment or demolition activities the Applicant shall: (1) survey the existing on-site structures for the presence of asbestos containing materials (to be conducted by an OSHA-certified inspector); and (2) if building elements containing any amount of asbestos are present, prepare a written Asbestos Abatement Plan describing activities and procedures for removal, handling, and disposal of these building elements using EPA- and/or OSHA-approved procedures, work practices, and engineering controls.

Project Applicant Prior to demolition City of Watsonville Building Division and
Public Works
Inspector
Review survey results
and Asbestos
Abatement Plan, if
needed
Once to review
survey results;
Ongoing during
demolition
activities if
asbestos
containing
materials are
present
HAZ-2: Lead-based Paints. The Applicant shall test the existing on-site structures for lead-based paint. If present, the lead-based paint shall be removed and disposed of following lead abatement performance standards included in the U.S.

Department of Housing and Urban Development Guidelines for Evaluation and Control of Lead-Based Paint program, in compliance with Title 8 California Code of Regulations (including Section 1532.1).

Project Applicant Prior to demolition City of Watsonville Building Division and
Public Works
Inspector
Review inspection
results
Once to review
inspection results;
Ongoing during
demolition
activities if leadbased paint is
present

TRANSPORTATION
TRANS-1: Existing Plus Project Impacts on the Auto Center Drive & Marin Street Intersection. To improve driving conditions at the Auto Center Drive & Marin Street intersection, the City shall require the following improvements:

Project Applicant Prior to issuance of
occupancy permit
City of Watsonville
Public Works &
Utilities Department
Implement changes to
Marin Street and Auto
Center Drive North &
Once
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
Auto Center Drive South of Marin Street
 Provide approximately 280 feet of Striping Detail 22 (Centerline).  Provide approximately 350 feet of Striping Detail 27B (Right Edgeline) and create a painted bulb-out for vehicles entering from Auto Center Drive. Within the painted bulb-out, add 6” diagonal white striping with 15’ spacing. The right edgeline striping would move the center of the road away from the curb allowing for better visibility.
 Provide “Intersection Ahead” signage (W1-10e) with “Speed Sign” (W13-1P) with 20 mph speed and a custom “Limited Sight Distance” sign. Place at point of curvature for Northbound approach according to MUCTD Table 2C-4. This sign would warn drivers of the approaching intersection to be aware of cross traffic and to reduce speed.

Marin Street
 Move the 12-inch stop bar closer to the curb line along with new “STOP” markings. This will allow drivers to pull up further into the new 8-foot parking lane to increase visibility along Auto Center Drive.
 Provide approximately 75 feet of Striping Detail 22 (Centerline) to shift the westbound intersection approach to the north. This would allow for more visibility on the Auto Center Drive northbound approach.  Extend red curb on the south curb approximately 85 feet. This red curb would remove approximately three on-street parking spaces. This would prevent drivers from parking in the painted bulb-out.
 Extend red curb on the north curb approximately 30 feet. This red curb would remove approximately one on-street parking space to allow more space for drivers to approach the intersection.

Auto Center Drive North and Marin Street
 Extend red curb approximately 120 feet on the east curb and provide “No Parking Anytime” signage. This would remove approximately five (5) on-street parking spaces. Red curb would make parking illegal along the eastern curb allowing southbound sight distance to be unobstructed.
 Provide “Intersection Ahead” signage (W1-10e) with “Speed Sign” (W13-1P) with 20 mph speed and a custom “Limited Sight Distance” sign. Place at point of curvature for southbound approach according to MUCTD Table 2C-4. This sign would warn drivers of the approaching intersection to be aware of cross South
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Miles Lane Project | Mitigation Monitoring and Reporting Program Mitigation Measures
Party Responsible
for Implementation
Implementation
Timing
Agency Responsible
for Monitoring
Monitoring
Action
Monitoring
Frequency
traffic and to reduce speed.
 Provide speed feedback sign similar to existing signage on east side of Auto Center Drive. Place at point of curvature for southbound approach according to MUCTD Table 2C-4.
 Provide approximately 200 feet of Striping Detail 22 (Centerline) and Striping Detail 27B (Right Edgeline) for the Northbound approach. Right edgeline striping would be 8-feet from the curb. This striping would reduce confusion for vehicles traveling northbound.

Provide approximately 490 feet of Striping Detail 27B (Right Edgeline) for the Southbound approach. This striping would move the center of the road away from the curb allowing for better visibility.

TRANS-2: Construction Period Transportation Impacts. The Applicant shall submit a Construction Period Traffic Control Plan to the City for review and approval. The plan shall include traffic safety guidelines compatible with section 12 of the Caltrans Standard Specifications (“Construction Area Traffic Control Devices”) to be followed during construction. The plan shall also specify provision of adequate signing and other precautions for public safety to be provided during project construction. In particular, the plan shall include a discussion of bicycle and pedestrian safety needs due to project construction and later, project operation.

In addition, the plan shall address emergency vehicle access during construction.

The applicant or their general contractor for the project shall notify the Public Works & Utilities Department and local emergency services (i.e., the Police and Fire Departments) prior to construction to inform them of the proposed construction schedule and that traffic delays may occur.

Prior to approval of a grading permit, the City shall review and approve the project Construction Period Traffic Control Plan. During construction, the City shall periodically verify that traffic control plan provisions are being implemented:

Project Applicant Prior to issuance of
grading permit(s)
City of Watsonville
Public Works
Inspector
Review Construction
Period Traffic Control
Plan and confirm
implementation
Once to review
plan; Ongoing
during grading and
construction
activities
Q:\COUNCIL\2020\062320\Miles Lane Mitigated Negative Declaration Exhibit A.docx Exhibit "A"

Attachment 4

Reso No. 121-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane SUP Design Review LA Density Bonus.docx ri 6/24/2020 1:09:14 PM
1 RESOLUTION NO. 121-20 (CM)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A LOT LINE ADJUSTMENT, DENSITY

BONUS, SPECIAL USE PERMIT/SPECIFIC DEVELOPMENT PLAN

WITH DESIGN REVIEW AND ENVIRONMENTAL REVIEW FOR
APPLICATION NO. (PP2019-14) FILED BY MIDPEN HOUSING
CORPORATION, APPLICANT, TO CONSTRUCT A 72 UNIT MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENT ON A 4.7± ACRE PARCEL LOCATED AT 139, 141, 161 MILES LANE AND 201
KIMBERLY LANE, WATSONVILLE, (APN’S: 016-491-01, -02, & -03, & 016-111-44)
WHEREAS, on January 16, 2019, an application for a Lot Line Adjustment, Density Bonus, Special Use Permit/Specific Development Plan with Design Review and Environmental Review (PP2019-14) for the construction of a (72) seventy-two unit multifamily affordable housing development on a 4.7±-acre parcel located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, was filed by MidPen Housing Corporation, applicant; and
WHEREAS, a Lot Line Adjustment is a minor relocation of the boundary or boundaries between four or fewer existing adjoining parcels, where the land taken from once parcel is added to an adjoining parcel with no more parcels being created than originally existed; and
WHEREAS, a Lot Line Adjustment is typically reviewed and approved administratively by the City’s Minor Land Division Committee, however because the requested Lot Line Adjustment is part of a number of other requested entitlements, it is being recommended by the Planning Commission to be approved by the City Council; and
WHEREAS, the Density Bonus application originally included a request of three concessions to reduce certain development standards and zoning code requirements.

Attachment 5

Reso No. 121-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane SUP Design Review LA Density Bonus.docx ri 6/24/2020 1:09:14 PM
2 Namely, the applicant requested reducing the minimum net land area per unit requirement, allowing both residential and non-residential uses onsite, and reducing parking. At the time, the parking reduction request did not constitute a concession, since the proposed number of parking spaces were consistent with the alternative provisions are set forth in the City’s zoning code for affordable housing projects, in accordance with state law; and
WHEREAS, the Density Bonus request is still required to allow a residential density greater than the maximum allowed per the General Plan. In a revised Density Bonus Housing Plan, the applicant notes that recent changes to state Density Bonus law permits housing developments to receive a density bonus of up to 80 percent if 100 percent of the total units are for lower income households. The applicant further clarified the reduced parking concession request at 6.4 percent fewer stalls than required per the provisions set forth in the City’s zoning code for affordable housing projects; and WHEREAS, pursuant to Section 65915 of Chapter 4.3 of Division 1 of Title 7 of the California Government Code (GOV), when an applicant seeks a density bonus for a housing development within the jurisdiction of a city, county, or city and county, that local government shall comply with this section; and
WHEREAS, Section 14-12.400 of the Watsonville Municipal Code requires approval of a Design Review Permit, acceptable to the Zoning Administrator for commercial, industrial, and multi-family residential construction; and WHEREAS, the Special Use Permit and Design Review Permit are being processed concurrently; and
Attachment 5

Reso No. 121-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane SUP Design Review LA Density Bonus.docx ri 6/24/2020 1:09:14 PM
3 WHEREAS, recommendation by the by the Planning Commission, adoption by Ordinance of a Planned Development District by the City Council, and issuance of special use permit by the City Council after adoption of a Planned Development District shall in each instance be passed by at least five (5) affirmative votes; and WHEREAS, the project was reviewed by the Planning Commission on May 5 2020, at which time the Planning Commission adopted Resolution No. 12-20 (PC), recommending that the City Council approve the Lot Line Adjustment, Density Bonus, Planned Development Overlay, Special Use Permit with Design Review and Specific Development Plan and Environmental Review (PP2019-14) for the construction of a (72) seventy-two unit multi-family affordable housing development on a 4.7±-acre parcel located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville; and WHEREAS, notice of time and place of the hearing to consider approval of Application No. PP2019-14 was given at the time and in the manner where appropriate public noticing procedures have been followed and a public hearing was held according to Section 14-10.900 of the Watsonville Municipal Code; and WHEREAS, the City Council has considered all evidence received, both oral and documentary, and the matter was submitted for decision.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

Good cause appearing, and upon the Findings, attached hereto and incorporated herein as Exhibit “A”, the City Council of the City of Watsonville does hereby approve the Lot Line Adjustment, Density Bonus, Special Use Permit/Specific Development Plan with Design Review and Environmental Review (PP2019-14), subject to the Conditions of Attachment 5

Reso No. 121-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane SUP Design Review LA Density Bonus.docx ri 6/24/2020 1:09:14 PM
4 Approval attached hereto and marked as Exhibit “B,” and approve the Special Use Permit/Specific Development Plan with Design Review and Development Review, attached hereto and marked as Exhibit “C” for the construction of a (72) seventy-two unit multi-family affordable housing development on a 4.7±-acre parcel located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville.
*****************************************
Attachment 5

The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 23rd day of June , 2020, by Member Hernandez who moved its adoption, which motion being duly seconded by Member Gonzalez was upon roll call carried and the resolution adopted by the following vote:

AYES: COUNCIL MEMBERS:
. NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:
a~ ~..2S" CJ.-0~0 tJate . . J
APPROVED AS TO FORM:

Giff#-=
Estrada, Gonzalez, Hernandez, Hurst,
Parker, Garcia
Coffman-Gomez
None
************************************
I, Beatriz Vazquez Flores, City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 121-20 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 23rd day of June, 2020, and that the foregoing is a full, true an ~ Resolution. ' quez Flores, City Clerk
Date ~;LS d....O 2iJ !J 7
Reso No. 121-20 (CM)
P:\COUNCIL\2020\062320\Miles Lane SUP Design Review LA Density Bonus.docx ri 6/24/2020 1:09:14 PM
5 Attachment 5

CITY OF WATSONVILLE EXHIBIT “A”

CITY COUNCIL
Application No: PP2019-14
APNs: 016-491-01, -02, & -03, &
016-111-44
Applicant: MidPen
Hearing Date: June 23, 2020
DENSITY BONUS FINDINGS (WMC § 14-47.140[b])

1. The application is eligible for a Density Bonus and any concessions, or incentives requested if conforms to all standards included in Chapter 14-47 and includes a financing mechanism for all implementation and monitoring costs.

Supportive Evidence
The project will provide a 100 percent affordable rental housing development, serving extremely low-income, very low-income, and low-income households, and therefore is eligible for up to an 80 percent density bonus and three concessions, per state Density Bonus law. GOV § 65915.

2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation as described in Section 14-47.130 of Chapter 14-47.

Supportive Evidence
In the Density Bonus Housing Plan, the applicant indicates that the parking reduction is critical to developing an affordable housing project with enough units to be financially viable over the lifetime of the buildings. The challenging site topography and natural areas minimize the developable portion of the site.

Without a parking reduction, the applicant would have to expand the amount of level surfaces necessary for constructing parking stalls, which would require costly site improvements (e.g., retaining walls, soil excavation, offhauling).

The partnership between MidPen and Encompass allows proportioning the purchase price of their division of land, sharing the cost of obtaining entitlements with a single design team, and minimizing the construction costs through shared road and utility infrastructure and site circulation.

The applicant provided a pro form to demonstrate that the requested concessions result in identifiable and actual cost reductions and, thereby, provide evidence that the cost reduction allows the applicant to provide affordable rents.

3. If the Density Bonus is based all or in part on donation of land, the approval body has made the findings included in Section 14-47.070(c) of Chapter 14-47.

Exhibit "A"

Attachment 5

Supportive Evidence
Not applicable. The proposed project does not involve a land donation.

4. If the Density Bonus, incentive, or concession is based all or in part on the inclusion of a Day Care Center, the approval body has made the findings required by Section 14-47.080(b) of Chapter 14-47.

Supportive Evidence
Not applicable. The proposed project does not include a Day Care Center.

5. A Density Bonus Housing Agreement in recordable form has been signed by the owner of the Residential Development with terms and conditions reasonably to satisfy the requirements of Chapter 14-47 and the Density Bonus Program Guidelines.

Supportive Evidence
The project will provide a 100 percent affordable rental housing development, serving extremely low-income, very low-income, and low-income households.

More than 50 percent of the units are proposed to be restricted to be affordable to households earning 60 percent of Area Median Income or below with no units service households earning more than 80 percent of Area Median Income.

Regulatory agreements setting forth affordability restrictions shall be recorded when all financing has been secured. Affordability restrictions shall be in place for at least 55 years. A condition of approval requires the applicable to record a Density Bonus Housing Agreement in accordance with the requirements of Chapter 14-47 and the Density Bonus Program Guidelines prior to issuance of a building permit.

SPECIAL USE PERMIT FINDINGS (WMC § 14-12.513)
The proposed mix of uses are permitted conditionally in the underlying RM-2 Zoning District. Apartments with 17 or more units are permitted conditionally with issuance of a Special Use Permit. In addition, a residential care facility for seven or more persons is also permitted with issuance of a Special Use Permit.

The purpose of the Special Use Permit is to formally allow a mix of residential and nonresidential uses per the PD Overlay District, consisting of 72 affordable housing units (owned and operated by MidPen) and the replacement of an existing residential substance abuse treatment facility with a new residential substance abuse treatment facility and new outpatient rehabilitation facility (owned and operated by Encompass).

1. The proposed use at the specified location is consistent with the policies embodied in the adopted General Plan and the general purpose and intent of the applicable district regulations.

Supportive Evidence
The majority of the project site is designated Residential Medium Density on the General Plan Land Use Diagram and is within the RM-2 (Multiple ResidentialMedium Density) Zoning District. The purpose of the Residential Medium Density designation is to provide living environments through various forms of Exhibit "A"

Attachment 5

housing developments, including apartments, at densities between 8 and 13.99 dwelling units per net acre. Per state law, the project is eligible for a density bonus of up to 80 percent greater than the maximum allowed because it is a 100 percent affordable housing project. The project would not result in a residential density that exceeds the maximum allowed per state Density Bonus law and would help accomplish the community's affordable family housing goals in the Housing Element.

A small portion of the project site is designated Environmental Management and is within the EM-OS (Environmental Management Open Space) Zoning District.

This area corresponds with the portion of the upper reaches of the Watsonville Slough that runs through the low-lying portion of the site and has been set aside for the protection and preservation of natural resources, such as wetlands, sloughs, and wildlife habitat. No development is proposed within this area.

The proposed project is consistent with the following General Plan goals, policies, and implementation measures concerning housing, land use compatibility, design, site improvement, and wildlife habitat protection:
• Housing Element Goal 3.0: Housing Production – Provide housing opportunity for Watsonville’s share of the regional housing need for all income groups.
• Housing Element Policy 3.1 – Encourage the production of housing that meets the needs of all economic segments, including lower, moderate, and above moderate-income households, to achieve a balanced community.
• Housing Element Policy 3.2 – Provide high quality rental and ownership housing opportunities for current and future residents that are affordable to a diverse range of income levels.
• Housing Element Policy 3.4 – Continue to implement the Affordable Housing Ordinance, Density Bonus Ordinance, and other programs as a means of integrating affordable units within new residential development. • Housing Element Policy 4.2 – Implement and enforce residential design guidelines to ensure that the community’s expectations are met with respect to the quality and style of housing projects.
• Housing Element Program 18: Design Review Process – The City will continue to use the Livable Community Residential Design Guidelines in concert with the City’s General Plan, Zoning and Subdivision Ordinance and other area plans. The City will continue to ensure that projects comply with the City’s design review process and the Design Guidelines. • Goal 4.7 Land Use Suitability – Ensure that the orderly development of land for the needs of the existing and projected population within in the City limit and Sphere of Influence is based on the land’s overall suitability, including: the accessibility of existing and proposed public facilities, Exhibit "A"

Attachment 5

services, and utilities, physical and financial constraints; and/or growth inducing impacts.
• Policy 4.G Land Use Suitability – The City shall encourage the development of urban uses on those lands best suited for urban uses and discourage it on lands unsuited for urban uses.
• Goal 4.2: Neighborhoods – Conserve and improve the living environment of existing Watsonville neighborhoods.
• Policy 4.B: Neighborhood Preservation – The City shall plan for the protection of existing neighborhood qualities and the provision of adequate neighborhood facilities in developing areas.
• Implementation Measure 4.B.2: New Neighborhood Facilities – The City shall utilize land use controls, such as, specific plan, LOS standards, and zoning development controls, to ensure balanced neighborhood development in a compact pattern, and to avoid premature extension of public facilities and services.
• Implementation Measure 4.A.2: Land Use Compatibility – The City shall monitor housing production to ensure compatibility with surrounding land uses.
• Goal 5.1 Visual Resources – Preserve and enhance the built and natural visual resources within Watsonville.
• Goal 5.2 Community Appearance – Blend new development and recognized values of community appearance and scenic qualities, and ensure that new development enhances, rather than detracts from its surroundings.
• Goal 5.6 Urban Design – Achieve high standards of street, site and building design that are both efficient, and aesthetically pleasing. • Policy 5.A Project Design Review – The preservation of visual resources shall be accomplished through the design review process. • Policy 5.B Design Consistency – The City shall review new development proposals to encourage high standards of urban design and to ensure that elements of architectural design and site orientation do not degrade or conflict with the appearance of existing structures. • Implementation Measure 5.A.4: Development Standards – In addition to the Design Review Guidelines, the City shall use the adopted standards for multiple family residential developments to ensure that medium- and high-density development is designed so as to enhance rather than detract from the urban environment.

Exhibit "A"

Attachment 5

• Implementation Measure 5.B.3: Enhancement – The City shall utilize the development standards, zoning ordinance regulations for each district, and the design review guidelines to ensure that new development is an asset to the existing neighborhood and community with regard to parking, landscaping, open space, and project design.
• Goal 9.5 Water Quality – Ensure that surface and groundwater resources are protected.
• Policy 9.D Water Quality – The City shall provide for the protection of water quality to meet all beneficial uses, including domestic, agricultural, industrial, recreational, and ecological uses.
• Goal 9.8 Wildlife Habitat – Preserve and protect the remaining areas of wildlife habitat for their scenic and scientific value. • Policy 9.F Wildlife Habitat Protection – The City shall designate for open space and environmental management those areas rich in wildlife species and fragile in ecological makeup. These habitat zones shall be made part of the greenbelt where appropriate.

The project would provide housing within an existing neighborhood on land designated for residential development. The units would be 100 percent affordable and accommodate people of low, very low, and extremely low-income levels. The 72 units would contribute towards achieving the RHNA figures in the City’s 2015-2023 Housing Element for these income categories. The City’s 2015- 2023 Housing Element also identifies the two vacant parcels onsite for development. To allow development of 72 affordable housing units, the applicant has submitted a Density Bonus application in accordance with state Density Bonus law and the City’s Density Bonus Ordinance.

The project would also replace the existing residential substance abuse treatment facility at 161 Miles Lane with a new residential substance use disorder treatment facility and an outpatient rehabilitation facility. These facilities provide a valuable service for the community and are complementary with the affordable housing component of the project.

The site abuts existing utilities that can be extended to serve the project. The project is not anticipated to induce population growth other than the residents that would directly inhabit the proposed residential units.

The project is consistent with all development regulations of the RM-2 Zoning District and the City of Watsonville Residential Development Standards for multifamily rental projects with approval of the requested concessions and modifications to development regulations. Additionally, the project is consistent with the City of Watsonville Livable Community Residential Design Guidelines (2001).

The proposed project does not encroach on land designated Environmental Management. Pursuant to WMC Section 6-3-535, the project is required to Exhibit "A"

Attachment 5

comply with the City’s post-construction stormwater requirements, which are intended to minimize stormwater pollution and thereby protect receiving waterbodies, such as rivers, creeks and wetlands.

2. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-ofway to mitigate development related adverse impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods.

Supportive Evidence
The proposed project would provide infill housing within an existing residential neighborhood. Single- and multi-family dwellings comprise nearby residences.

Several apartment buildings are located across the street from the project site at 130, 136, and 154 Miles Lane.

The proposed project would not generate traffic in such an amount that would overload the street network outside the development. An Initial Study has been prepared for the proposed project, which includes a Traffic Impact Study.

Transportation-related impacts were found to be less than significant with mitigation incorporated. Identified measures that mitigate potential impacts to Auto Center Drive and Marin Street Intersection have been included as conditions of approval.

Nighttime illumination has the potential to change ambient lighting conditions and create a visual nuisance. The proposed lighting provides adequate light to illuminate the site, consistent with light levels in a residential neighborhood. The photometric analysis prepared for the project demonstrate that anticipated light intensities would not result in a visual nuisance. Little to no light would spill over onto adjoining residential properties and into nearby riparian habitat. Any potential spillover light would be further obscured from view by landscape plantings and fencing. Therefore, the project is not anticipated to create a glare nuisance.

The proposed trash enclosures could attract nuisance pest species because of the close proximity of nearby riparian habitat. Unless these enclosures are carefully maintained, they could attract Norway rat, raccoon, opossum and other nuisance pest species that could become dependent on this possible food source, disrupting natural behaviors and creating nuisance conditions. A condition of approval requires the applicant to develop a monitoring program to be implemented by future tenants to ensure trash areas are routinely cleaned and secured at night.

3. The proposed use will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

Exhibit "A"

Attachment 5

Supportive Evidence
The proposed project would not generate traffic which would be hazardous or conflict with existing and anticipated traffic in the neighborhood. An Initial Study has been prepared for the proposed project, which includes a Traffic Impact Study. Transportation-related impacts were found to be less than significant with mitigation incorporated. Identified measures that mitigate potential impacts to Auto Center Drive and Marin Street Intersection have been included as conditions of approval.

4. The proposed use incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets.

Supportive Evidence
Direct access to the project site would occur from new driveways located along Miles Lane. As mentioned previously, mitigation measures to reduce transportation-related impacts to a less than significant level have been included as conditions of approval. No other roadway improvements, traffic control devices or access restrictions to control or divert traffic flow is needed.

5. The proposed use incorporates features to minimize adverse effects, including visual impacts and noise, of the proposed special use on adjacent properties.

Supportive Evidence
The project involves providing infill housing within an existing residential neighborhood. The project would also avoid areas set aside for the protection and preservation of natural resources, such as the portion of the upper reaches of the Watsonville Slough that traverses the site.

The project is designed in accordance with the City of Watsonville Livable Community Residential Design Guidelines. The project provides buildings that are well-composed, balanced, and appropriately articulated on all sides and have facades with materials and architectural details that are aesthetically pleasing and harmonious. The massing of wall and roof planes are broken up by the use of balconies, dormers, trim, offsets in surfaces, and varying roof heights.

Buildings materials are primarily alternative vertical and horizontal cement fiber siding (painted different colors) to provide a smooth lap siding appearance; a belly band divides vertical and horizontal siding. Parking is unobtrusively tucked under buildings 1, 3, 4, 5 and 6. Surface lots in view of the public right-of-way have landscaping and/or fencing to help screen parking spaces from view and minimize their visual impact. Building 3 steps down from three to two floors near the property boundary shared with the mobile home park.

The project would not create a visual impact on adjoining residential properties or nearby riparian habitat. Little to no light would spill over onto adjoining residential properties and into nearby riparian habitat. Any potential spillover light would be further obscured from view by landscape plantings and fencing.

Exhibit "A"

Attachment 5

Therefore, the project is not anticipated to create a new source of potential light spillover or glare nuisance.

In addition, the project’s trash enclosures would not attract nuisance pest species, such as Norway rat, raccoon, and opossum, with implementation of the condition of approval requiring regular monitoring of said enclosures to ensure they are routinely cleaned and secured at night.

6. The proposed special use complies with all additional standards imposed on it by the particular provisions of this chapter and all other requirements of this title applicable to the proposed special use and uses within the applicable base zoning district.

Supportive Evidence
There are no additional standards applicable to a mix of uses consisting of affordable housing and an inpatient/outpatient substance abuse treatment and rehabilitation facility.

As discussed previously, the project is designed in accordance with the City of Watsonville Livable Community Residential Design Guidelines. A condition of approval requires the installation of street frontage improvements to City standards.

7. The proposed special use will not be materially detrimental to the public health, safety, convenience and welfare, and will not result in material damage or prejudice to other property in the vicinity.

Supportive Evidence
The project involves providing infill housing within an existing residential neighborhood and would avoid areas set aside for the protection and preservation of natural resources, such as the portion of the upper reaches of the Watsonville Slough that traverses the site. The project would also replace the existing residential substance abuse treatment facility at 161 Miles Lane with a new residential substance use disorder treatment facility and an outpatient rehabilitation facility. These facilities provide a valuable service for the community and are complementary with the affordable housing component of the project. Therefore, the project would not materially damage or prejudice other property in the vicinity.

In addition, the project site is within a developed area that is currently served by municipal services, including water, sewer, police and fire, and therefore would not cause a serious public health or safety problem to future residents and substance use disorder patients onsite.

DESIGN REVIEW FINDINGS (WMC § 14-12.403)

1. The proposed development is consistent with the goals and policies embodied in the adopted General Plan and the general purpose and intent of the applicable district regulations.

Exhibit "A"

Attachment 5

Supportive Evidence
The majority of the project site is designated Residential Medium Density on the General Plan Land Use Diagram and is within the RM-2 (Multiple ResidentialMedium Density) Zoning District. The purpose of the Residential Medium Density designation is to provide living environments through various forms of housing developments, including apartments, at densities between 8 and 13.99 dwelling units per net acre. Per state law, the project is eligible for a density bonus of up to 80 percent greater than the maximum allowed because it is a 100 percent affordable housing project. The project would not result in a residential density that exceeds the maximum allowed per state Density Bonus law and would help accomplish the community's affordable family housing goals in the Housing Element.

A small portion of the project site is designated Environmental Management and is within the EM-OS (Environmental Management Open Space) Zoning District.

This area corresponds with the portion of the upper reaches of the Watsonville Slough that runs through the low-lying portion of the site and has been set aside for the protection and preservation of natural resources, such as wetlands, sloughs, and wildlife habitat. No development is proposed within this area.

The proposed project is consistent with the following General Plan goals, policies, and implementation measures concerning housing, land use compatibility, design, site improvement, and wildlife habitat protection:
• Housing Element Goal 3.0: Housing Production – Provide housing opportunity for Watsonville’s share of the regional housing need for all income groups.
• Housing Element Policy 3.1 – Encourage the production of housing that meets the needs of all economic segments, including lower, moderate, and above moderate-income households, to achieve a balanced community.
• Housing Element Policy 3.2 – Provide high quality rental and ownership housing opportunities for current and future residents that are affordable to a diverse range of income levels.
• Housing Element Policy 3.4 – Continue to implement the Affordable Housing Ordinance, Density Bonus Ordinance, and other programs as a means of integrating affordable units within new residential development. • Housing Element Policy 4.2 – Implement and enforce residential design guidelines to ensure that the community’s expectations are met with respect to the quality and style of housing projects.
• Housing Element Program 18: Design Review Process – The City will continue to use the Livable Community Residential Design Guidelines in concert with the City’s General Plan, Zoning and Subdivision Ordinance and other area plans. The City will continue to ensure that projects comply with the City’s design review process and the Design Guidelines.

Exhibit "A"

Attachment 5

• Goal 4.7 Land Use Suitability – Ensure that the orderly development of land for the needs of the existing and projected population within in the City limit and Sphere of Influence is based on the land’s overall suitability, including: the accessibility of existing and proposed public facilities, services, and utilities, physical and financial constraints; and/or growth inducing impacts.
• Policy 4.G Land Use Suitability – The City shall encourage the development of urban uses on those lands best suited for urban uses and discourage it on lands unsuited for urban uses.
• Goal 4.2: Neighborhoods – Conserve and improve the living environment of existing Watsonville neighborhoods.
• Policy 4.B: Neighborhood Preservation – The City shall plan for the protection of existing neighborhood qualities and the provision of adequate neighborhood facilities in developing areas.
• Implementation Measure 4.B.2: New Neighborhood Facilities – The City shall utilize land use controls, such as, specific plan, LOS standards, and zoning development controls, to ensure balanced neighborhood development in a compact pattern, and to avoid premature extension of public facilities and services.
• Implementation Measure 4.A.2: Land Use Compatibility – The City shall monitor housing production to ensure compatibility with surrounding land uses.
• Goal 5.1 Visual Resources – Preserve and enhance the built and natural visual resources within Watsonville.
• Goal 5.2 Community Appearance – Blend new development and recognized values of community appearance and scenic qualities, and ensure that new development enhances, rather than detracts from its surroundings.
• Goal 5.6 Urban Design – Achieve high standards of street, site and building design that are both efficient, and aesthetically pleasing. • Policy 5.A Project Design Review – The preservation of visual resources shall be accomplished through the design review process. • Policy 5.B Design Consistency – The City shall review new development proposals to encourage high standards of urban design and to ensure that elements of architectural design and site orientation do not degrade or conflict with the appearance of existing structures. • Implementation Measure 5.A.4: Development Standards – In addition to the Design Review Guidelines, the City shall use the adopted standards Exhibit "A"

Attachment 5

for multiple family residential developments to ensure that medium- and high-density development is designed so as to enhance rather than detract from the urban environment.
• Implementation Measure 5.B.3: Enhancement – The City shall utilize the development standards, zoning ordinance regulations for each district, and the design review guidelines to ensure that new development is an asset to the existing neighborhood and community with regard to parking, landscaping, open space, and project design.
• Goal 9.5 Water Quality – Ensure that surface and groundwater resources are protected.
• Policy 9.D Water Quality – The City shall provide for the protection of water quality to meet all beneficial uses, including domestic, agricultural, industrial, recreational, and ecological uses.
• Goal 9.8 Wildlife Habitat – Preserve and protect the remaining areas of wildlife habitat for their scenic and scientific value. • Policy 9.F Wildlife Habitat Protection – The City shall designate for open space and environmental management those areas rich in wildlife species and fragile in ecological makeup. These habitat zones shall be made part of the greenbelt where appropriate.

The project would provide housing within an existing neighborhood on land designated for residential development. The units would be 100 percent affordable and accommodate people of low, very low, and extremely low-income levels. The 72 units would contribute towards achieving the RHNA figures in the City’s 2015-2023 Housing Element for these income categories. The City’s 2015- 2023 Housing Element also identifies the two vacant parcels onsite for development. To allow development of 72 affordable housing units, the applicant has submitted a Density Bonus application in accordance with state Density Bonus law and the City’s Density Bonus Ordinance.

The project would also replace the existing residential substance abuse treatment facility at 161 Miles Lane with a new residential substance use disorder treatment facility and an outpatient rehabilitation facility. These facilities provide a valuable service for the community and are complementary with the affordable housing component of the project.

The site abuts existing utilities that can be extended to serve the project. The project is not anticipated to induce population growth other than the residents that would directly inhabit the proposed residential units.

The project is consistent with all development regulations of the RM-2 Zoning District and the City of Watsonville Residential Development Standards for multifamily rental projects with approval of the requested concessions and modifications to development regulations. Additionally, the project is consistent Exhibit "A"

Attachment 5

with the City of Watsonville Livable Community Residential Design Guidelines (2001).

The proposed project does not encroach on land designated Environmental Management. Pursuant to WMC Section 6-3-535, the project is required to comply with the City’s post-construction stormwater requirements, which are intended to minimize stormwater pollution and thereby protect receiving waterbodies, such as rivers, creeks and wetlands.

2. The proposed development is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-ofway to mitigate development related adverse impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods.

Supportive Evidence
The proposed project would provide infill housing within an existing residential neighborhood. Single- and multi-family dwellings comprise nearby residences.

Several apartment buildings are located across the street from the project site at 130, 136, and 154 Miles Lane.

The proposed project would not generate traffic in such an amount that would overload the street network outside the development. An Initial Study has been prepared for the proposed project, which includes a Traffic Impact Study.

Transportation-related impacts were found to be less than significant with mitigation incorporated. Identified measures that mitigate potential impacts to Auto Center Drive and Marin Street Intersection have been included as conditions of approval.

Nighttime illumination has the potential to change ambient lighting conditions and create a visual nuisance. The proposed lighting provides adequate light to illuminate the site, consistent with light levels in a residential neighborhood. The photometric analysis prepared for the project demonstrate that anticipated light intensities would not result in a visual nuisance. Little to no light would spill over onto adjoining residential properties and into nearby riparian habitat. Any potential spillover light would be further obscured from view by landscape plantings and fencing. Therefore, the project is not anticipated to create a glare nuisance.

The proposed trash enclosures could attract nuisance pest species because of the close proximity of nearby riparian habitat. Unless these enclosures are carefully maintained, they could attract Norway rat, raccoon, opossum and other nuisance pest species that could become dependent on this possible food source, disrupting natural behaviors and creating nuisance conditions. A condition of approval requires the applicant to develop a monitoring program to be implemented by future tenants to ensure trash areas are routinely cleaned and secured at night.

Exhibit "A"

Attachment 5

3. The proposed development will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

Supportive Evidence
The proposed project would not generate traffic which would be hazardous or conflict with existing and anticipated traffic in the neighborhood. An Initial Study has been prepared for the proposed project, which includes a Traffic Impact Study. Transportation-related impacts were found to be less than significant with mitigation incorporated. Identified measures that mitigate potential impacts to Auto Center Drive and Marin Street Intersection have been included as conditions of approval.

4. The proposed development incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets.

Supportive Evidence
Direct access to the project site would occur from new driveways located along Miles Lane. As mentioned previously, mitigation measures to reduce transportation-related impacts to a less than significant level have been included as conditions of approval. No other roadway improvements, traffic control devices or access restrictions to control or divert traffic flow is needed.

5. The proposed development incorporates features to minimize adverse effects including visual impacts of the proposed development on adjacent properties:
a) Harmony and proportion of the overall design and the appropriate use of materials;
b) The suitability of the architectural style for the project; provided, however, it is not the intent of this section to establish any particular architectural style;
c) The sitting of the structure on the property, as compared to the sitting of other structures in the immediate neighborhood; d) The size, location, design, color, number, and lighting; and e) The bulk, height, and color of the project structure as compared to the bulk, height, and color of other structures in the immediate neighborhood.

Supportive Evidence
The project involves providing infill housing within an existing residential neighborhood. The project would also avoid areas set aside for the protection and preservation of natural resources, such as the portion of the upper reaches of the Watsonville Slough that traverses the site.

Exhibit "A"

Attachment 5

The project is designed in accordance with the City of Watsonville Livable Community Residential Design Guidelines. The project provides buildings that are well-composed, balanced, and appropriately articulated on all sides and have facades with materials and architectural details that are aesthetically pleasing and harmonious. The massing of wall and roof planes are broken up by the use of balconies, dormers, trim, offsets in surfaces, and varying roof heights.

Buildings materials are primarily alternative vertical and horizontal cement fiber siding (painted different colors) to provide a smooth lap siding appearance; a belly band divides vertical and horizontal siding. Parking is unobtrusively tucked under buildings 1, 3, 4, 5 and 6. Surface lots in view of the public right-of-way have landscaping and/or fencing to help screen parking spaces from view and minimize their visual impact. Building 3 steps down from three to two floors near the property boundary shared with the mobile home park.

The project would not create a visual impact on adjoining residential properties or nearby riparian habitat. Little to no light would spill over onto adjoining residential properties and into nearby riparian habitat. Any potential spillover light would be further obscured from view by landscape plantings and fencing.

Therefore, the project is not anticipated to create a new source of potential light spillover or glare nuisance.

In addition, the project’s trash enclosures would not attract nuisance pest species, such as Norway rat, raccoon, and opossum, with implementation of the condition of approval requiring regular monitoring of said enclosures to ensure they are routinely cleaned and secured at night.

6. The proposed development complies with all additional standards imposed on it by the particular provisions of this chapter, any City of Watsonville architectural guidelines, development and public improvement standards, and all other requirements of this title applicable to the proposed development.

Supportive Evidence
There are no additional standards applicable to the development of affordable housing and an inpatient/outpatient substance abuse treatment and rehabilitation facility.

As discussed previously, the project is designed in accordance with the City of Watsonville Livable Community Residential Design Guidelines. A condition of approval requires the installation of street frontage improvements to City standards.

7. The proposed development will not be materially detrimental to the public health, safety, convenience and welfare or result in material damage or prejudice to other property in the vicinity.

Supportive Evidence
The project involves providing infill housing within an existing residential neighborhood and would avoid areas set aside for the protection and Exhibit "A"

Attachment 5

preservation of natural resources, such as the portion of the upper reaches of the Watsonville Slough that traverses the site. The project would also replace the existing residential substance abuse treatment facility at 161 Miles Lane with a new residential substance use disorder treatment facility and an outpatient rehabilitation facility. These facilities provide a valuable service for the community and are complementary with the affordable housing component of the project. Therefore, the project would not materially damage or prejudice other property in the vicinity.

In addition, the project site is within a developed area that is currently served by municipal services, including water, sewer, police and fire, and therefore would not cause a serious public health or safety problem to future residents and substance use disorder patients onsite.

LOT LINE ADJUSTMENT FINDINGS (WMC § 13-8.03[a])

1. The parcels resulting from the lot line adjustment are consistent with the general plan, any applicable specific plan and the regulations of the zoning ordinance and building codes.

Supportive Evidence
The project complies with the General Plan and applicable regulations of the Zoning Ordinance with approval of the requested Density Bonus and PD Overlay District.

2. A greater number of parcels than originally existed are not created by the lot line adjustment.

Supportive Evidence
The proposed lot line adjustments of the four subject properties would result in three properties, and therefore would not create a greater number of parcels than originally existing.

3. The lot line adjustment shall not impair existing easements or it shall include the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets prior to completing the lot line adjustment.

Supportive Evidence
There are no existing easements that would be impaired by the proposed lot line adjustment. In addition, there are not existing easements, utilities, or infrastructure serving adjacent lots that would need to be relocated.

4. The lot line adjustment shall not impair existing access or create a need for access to adjacent lots or parcels.

Exhibit "A"

Attachment 5

Supportive Evidence
The project site would be accessed through four driveways off of Miles Lane.

The lot line adjustment would not create a need for access to adjacent lots.

5. The lot line adjustment shall not require alteration of existing improvements or buildings, create a need for any building improvements, or otherwise create noncompliance with the Uniform Building Codes.

Supportive Evidence
The proposed lot line adjustment would accommodate the proposed building layout of the Miles Lane Project. The lot line adjustment is, therefore, necessary to accommodate the project and ensure buildings are not constructed over property lines.

Exhibit "A"

Attachment 5

CITY OF WATSONVILLE EXHIBIT “B”

CITY COUNCIL
Application No: PP2019-14
APNs: 016-491-01,-02, & -03, &
016-111-44
Applicant: MidPen
Hearing Date: June 23, 2020

SPECIFIC DEVELOPMENT PLAN/SPECIAL USE PERMIT WITH DESIGN REVIEW &

LOT LINE ADJUSTMENT CONDITIONS OF APPROVAL
General Conditions:

1. Approval. This approval applies to the Plan Set identified as “Miles Lane Housing” located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, CA 95076, dated and received by the Community Development Department on February 28, 2020, and filed by Elizabeth Nahas Wilson with MidPen Group, Inc., applicant, on behalf of Michael C. Marchisio Trust (APNs 016‐491-01, 016‐491-02, and 016‐111‐44) and Namvar & Shireen Dinyari (APN 016‐491‐03), property owners. (CDD-P)

2. Conditional Approval Timeframe. This Special Use Permit shall be null and void if not acted upon within 24 months from the effective date of the approval thereof. Time extensions may be considered upon receipt of written request submitted no less than forty-five (45) days prior to expiration and in accordance with the provisions of Section 14-10.1201 of the Watsonville Municipal Code (WMC). (CDD-P)

3. Modifications. Modifications to the project or conditions imposed may be considered in accordance with WMC Sections 14-12.1000 and 14-10.1305. All revisions shall be submitted prior to field changes and are to be clouded on the plans. (CDD-P)

4. Substantial Compliance. Project development shall be accomplished in substantial accordance with the approved Plan Set. Any required revisions to the Plan Set shall be completed to the satisfaction of the Community Development Director or designee. (CDD-P)

5. Grounds for Review. The project shall be in compliance with the conditions of approval, all local codes and ordinances, appropriate development standards, and current City policies. Any deviation will be grounds for review by the City and may possibly result in revocation of the Special Use Permit or Design Review Permit, pursuant to Part 13 of WMC Chapter 14-10, or other code enforcement actions, pursuant to WMC Chapter 14-14. (CDD-P)

6. Appeal Period/Effective Date. This Special Use Permit with Design Review shall not be effective until 14 days after approval by the decision-making body or following final action on any appeal. (CDD-P)
Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

Attachment 5

7. Necessary Revisions. The applicant shall make and note all revisions necessary to comply with all conditions of approval. The applicant shall certify in writing below the list(s) of conditions that the building plans comply with the conditions of approval. (CDD-P)

8. Conditions of Approval. A copy of the final conditions of approval must be printed on the first or second sheet of plans submitted for future permits. Plans without the conditions of approval printed directly on the first or second page will not be accepted at the plan check phase. (CDD-P)

9. Required Statement. The applicant and contractor who obtains a building permit for the project shall be required to sign the following statement, which will become conditions of the building permit:
“I understand that the subject permit involves construction of a building (project) with an approved Special Use Permit with Design Review. I intend to perform or supervise the performance of the work allowed by this permit in a manner which results in a finished building with the same level of detail, articulation, and dimensionality shown in the plans submitted for building permits. I hereby acknowledge that failure to construct the building as represented in the building permit plans, may result in delay of the inspections process and/or the mandatory reconstruction or alteration of any portion of the building that is not in substantial conformance with the approved plans, prior to continuation of inspections or the building final.”

Signature of Building Contractor Date
Affordable Housing Condition:

10. Density Bonus (Affordable) Housing Agreement. The applicant shall record a Density Bonus Housing Agreement prior to issuance of a building permit. The Council, by Resolution, shall process, review, and consider the Density Bonus Housing Agreement in the same manner it considers Affordable Housing Agreements pursuant to WMC Section 14-46.110. (CDD-P-H, CA) CEQA Environmental Document Filing Fee Condition:

11. CDFW Filing Fee. The California Department of Fish and Wildlife (CDFW) imposes and collects a filing fee to defray the costs of managing and protecting California’s fish and wildlife resources, including, but not limited to, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, and developing monitoring programs. The applicant shall pay the fee for filing the Mitigated Negative Declaration (MND). (CDD-P) Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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Lot Line Adjustment Conditions:

12. Legal Description. The applicant shall prepare and submit legal descriptions for the revised parcel boundaries approved by this action, including a description of the trail access easement. (CDD-E)

13. Certificate of Compliance and Recordable Map. Prior to preparing and recording a certificate of compliance the applicant shall submit a legal description and geometric closure calculations for the exterior boundary of the three lots along with a recordable map presenting the metes and bounds of the legal description. (CDD-E)
Building and Fire-related Conditions:

14. Required Permits. The applicant shall obtain all required building permits (Building, Electrical, Plumbing, Mechanical, Grading, etc.) for this project. (CDDB-E)

15. Building Code. Project construction shall comply with the California Building Code as adopted by the City. (CDD-B)

16. Fire Code. Project construction shall comply with California Fire Code as adopted by the City. (WFD)

17. Energy Efficiency. The project design shall conform with energy conservation measures articulated in Title 24 of the California Administrative Code and will address measures to reduce energy consumption such as low-flow shower heads, flow restrictors for toilets, low consumption lighting fixtures, and insulation and shall use drought tolerant landscaping. (CDD-B)

18. Floodplain Development Permit. The applicant shall obtain a Floodplain Development Permit prior to issuance of a building permit, in accordance with WMC Section 9-2.400. (CDD-E, PW)
Prior to or concurrent with the issuance of a Building Permit, the following requirements shall be met:

19. Engineering Comments/Corrections. The applicant shall revised the project plants in accordance with the comments/corrections provided by David Caneer, Principal Engineer, dated March 27, 2020. (CDD-E)

20. Colors & Materials. Plans submitted for building permit shall indicate that all final colors and materials shall be consistent with the colors and materials approved by this permit. (CDD-P)

21. Landscaping & Irrigation Plan. The applicant shall submit three copies of the final Landscaping and Irrigation Plan for review and approval by the Community Development Director prior to issuance of a building permit. The Landscaping Plan shall provide drought-tolerant plants suitable for the Central Coast region.

Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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The Irrigation Plan shall provide an automatic water system (e.g., drip system) to irrigate all landscape areas. (CDD-B-E-P)
a. LANDSCAPING – The Landscape Plan shall indicate the types, quantities, locations and sizes of all plant material, including any existing major vegetation designated to remain and method of protecting planting areas from vehicular traffic. The Landscape Plan shall be drawn to scale, and plant types shall be clearly located and labeled. The plant list shall give the botanical name, common name, gallon sizes to be planted, and quantity of each planting. A minimum of 25 percent of all shrub material shall have a minimum 5-gallon container size. (CDD-E-P) b. IRRIGATION SYSTEM – Automatic, low-flow irrigation system(s) shall be installed in all landscaped areas. Irrigation shall be programmed for night or early morning hours in order to minimize evaporation. (CDD-P) c. WATER CONSERVATION – The project shall utilize water conservation, water recycling, and xeriscaping to the maximum extent possible.

Irrigation systems shall be designed and maintained to avoid run-off, overspray, or other similar conditions where water flows to waste. (CDD-B-EP) d. NEW TREES – As proposed in the preliminary landscape plans, the project shall provide a minimum of 101 trees.
e. LANDSCAPE & IRRIGATION INSTALLATION – All landscaping and irrigation shall be approved and installed prior to occupancy of the project. (CDD-P)
f. WATER EFFICIENT LANDSCAPE ORDINANCE – The applicant shall submit a landscape documentation package and demonstrate compliance with the California Model Water Efficient Landscape Ordinance, pursuant to WMC Section 6-3.801. (CDD-P, -E)

22. Lighting. Plans submitted for building permit issuance shall show the locations and details of any exterior lighting fixtures. All lighting shall be downward facing and/or shielded and shall not spillover onto adjacent property, public roadways, and/or riparian habitat. (CDD-P)

23. Trash Enclosure. The trash enclosure shall conform with City of Watsonville Public Improvement Standard No. S-602, and is subject to review and approval by the Community Development Department. (CDD-P-E, PW)

24. Street Frontage Improvements. The applicant shall install street improvements (i.e., driveways, sidewalk, curb & gutter) where absent along the project street frontage (e.g., along Santa Clara Street and Kimberly Lane). The applicant shall also replace any and all existing street improvements that do not meeting City standards and/or are in need of repair. (CDD-E)

25. Utility Connection. The project shall connect to City utilities. (CDD-E) Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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26. On/Off Site Permit. Separate On/Off Site Permits are required for work in the public right-of-way and on the project site. The applicant shall obtain an encroachment permit for all off-site work. (CDD-E)

27. Mechanical Equipment Screening. All new mechanical equipment and appurtenances, including gas and water meters, electrical boxes, roof vents, air conditioners, antennas, etc. visible from the public way and from adjacent properties, shall be screened with material compatible with the materials of the building and shall be subject to the approval of the Zoning Administrator. (CDDP)

28. Post Construction Stormwater Ordinance. The project is subject to the WMC Section 6-3.535 (Post Construction Requirements). The applicant shall prepare a stormwater control plan (SWCP) that demonstrates compliance with the ordinance to the satisfaction of the City Engineer, prior to issuance of a building permit. (CDD-E)

29. Address Assignment. Prior to building permit issuance, complete and submit an application for address assignment. (CDD-E)

30. Nesting Bird Avoidance or Conduct Preconstruction Surveys (Mitigation Measure BIO-1). If construction, grading, or other project-related improvements are scheduled during the nesting season of protected raptors and migratory birds, a focused survey for active nests of such birds shall be conducted by a qualified biologist within seven (7) days prior to the beginning of project-related activities. The results of the survey shall be sent to the City of Watsonville prior to the start of project activities. The minimum survey radii surrounding the work area shall be the following: i) 250 feet for passerines; ii) 500 feet for other small raptors such as accipiters; iii) 1,000 feet for larger raptors such as buteos.

Nesting seasons are typically defined as follows: i) March 15 to August 30 for smaller bird species such as passerines; ii) February 15 to August 30 for raptors.

The following measures shall be taken to avoid potential inadvertent destruction or disturbance of nesting birds on and near the project site as a result of construction-related vegetation removal and site disturbance • To avoid impacts to nesting birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) shall occur outside the avian nesting season (generally prior to February 1 or after August 31). Active nesting is present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest.
• If construction-related activities are scheduled to occur during the nesting season (generally February 1 through August 31), a qualified biologist shall conduct a habitat assessment and preconstruction nesting survey for nesting bird species no more than seven (7) days prior to initiation of work. A qualified wildlife biologist is an individual who possesses, at a minimum, a bachelor’s or advanced degree, from an accredited university, with a major in Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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biology, zoology, wildlife biology, natural resources science, or a closely related scientific discipline, at least two years of field experience in the biology and natural history of local plant, fish, and wildlife resources present at the development site, and knowledge of state and federal laws regarding the protection of sensitive and endangered species. The qualified biologist conducting the surveys shall be familiar with the breeding behaviors and nest structures of birds known to nest in the project site. Surveys shall be conducted at the appropriate times of day during periods of peak activity (i.e., early morning or dusk) and shall be of sufficient duration to observe movement patterns. Surveys shall be conducted within the Project area and 250 feet of the construction limits for nesting non-raptors and 1,000 feet for nesting raptors, as feasible. If the survey area is found to be absent of nesting birds, no further mitigation would be required. However, if project activities are delayed by more than seven (7) days, an additional nesting bird survey shall be performed.
• If pre-construction nesting bird surveys result in the location of active nests, no site disturbance (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within the buffer zone established under BIO-2. Monitoring, by a qualified biologist, shall be required to ensure compliance with the relevant California Fish and Game Code requirements.

Monitoring dates and findings shall be documented. Active nests found inside the limits of the buffer zones or nests within the vicinity of the project site showing signs of distress from Project activity, as determined by the qualified biologist, shall be monitored daily during the duration of the Project for changes in breeding behavior. If changes in behavior are observed (e.g., distress, disruptions), the buffer shall be immediately adjusted by the qualified biologist until no further interruptions to breeding behavior are detected. The nest protection buffers may be reduced if the qualified biologist determines in compliance with CDFW permit requirements (if any) that construction activities would not be likely to adversely affect the nest. If buffers are reduced, twice weekly monitoring may need to be conducted to confirm that construction activity is not resulting in detectable adverse effects on nesting birds or their young. The qualified biologist may implement an alternative monitoring schedule depending on the construction activity, season, and species potentially subject to impact, subject to compliance with CDFW permits (if any). Construction shall not commence within the prescribed buffer areas until a qualified biologist has determined that the young have fledged or the nest site is otherwise no longer in use. A report of the findings will be prepared by a qualified biologist and submitted to the City prior to the initiation of construction-related activities that have the potential to disturb any active nests during the nesting season.
• City staff will not issue permits for ground disturbing activities until after the site has been surveyed by a qualified biologist to ensure that no active nest disturbance or destruction will occur as a result of the project. If necessary, nest protection buffers will be fenced off and active nest monitoring will be initiated prior to permit issuance. (CDD-P-E, PW)
Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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31. Active Nest Buffer (Mitigation Measure BIO-2). The applicant shall designate active nests as “Ecologically Sensitive Areas” (ESA) and protect the nest (while occupied) during project activities with the establishment of a fence barrier surrounding the nest site.
• Buffer distances for bird nests should be site specific and an appropriate distance, as determined by the qualified biologist. The buffer distances should be specified to protect the bird’s normal behavior to prevent nesting failure or abandonment.
• The qualified biologist shall have authority to order the cessation of all nearby project activities if the nesting birds exhibit abnormal behavior which may cause reproductive failure (nest abandonment and loss of eggs and/or young) until an appropriate buffer is established.
• Typical protective buffers between each identified nest site and construction site are as follows: 1) 300 feet for hawks, owls and eagles; 2) 50 feet for passerines.
• The qualified biologist shall monitor the behavior of the birds (e.g., adults and young, when present) at the nest site to ensure that they are not disturbed by project activities.
• Nest monitoring shall continue during project work until the young have completely left the nest site; as determined by the qualified biologist. • No habitat removal or modification shall occur within the ESA-fenced nest zone until the young have fully fledged and will no longer be adversely affected by the project. (CDD-P-E, PW)

32. California Red-Legged Frog and Western Pond Turtle Avoidance (Mitigation Measure BIO-3). Implementation of the following mitigation measure would reduce potential impacts to CRLF and WPT to less-than-significant:
• Silt fencing and orange construction fencing shall be erected along the project boundary, running parallel north to south along the perennial stream and around the seep wetland. The northern and southern ends of the silt and orange construction fencing shall extend at least 50 feet beyond the project site boundary to close off the work area. The bottom 4-6 inches of the fencing shall be buried to prevent wildlife from burrowing under the fence, allowing frogs or turtles entry to the work areas.
• Once the fences are erected and within 48 hours of initiating project construction, a qualified wildlife biologist (as defined under Mitigation Measure BIO-1 shall conduct a preconstruction survey of the project site in the vicinity of the fences to ensure that no frogs or turtles are trapped inside the project construction zone. During this preconstruction survey the biologist shall also inspect the fence to make sure it is installed correctly. The project lead (i.e. foreman) should alert the biologist if the exclusion fence is damaged and/or otherwise non-functioning and initiate repairs as soon as possible. In consultation with the qualified biologist, the project lead may also initiate a Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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second survey to relocate any CRLF or WPT within the project fencing to outside the work area.
• Finally, a qualified biologist shall provide project contractors and construction crews with a worker-awareness program and oversee the placement of CRLF or WPT exclusion fencing before any work within aquatic habitats or adjacent upland habitats where CRLF or WPT have potential to occur. This program shall include a description of the species and its habitats, legal status and required protection, and all applicable mitigation measures. (CDD-P-E, PW)

33. Wetland Avoidance and BMP Implementation (Mitigation Measure BIO-4).

Prior to grading, sturdy construction fencing shall be placed along the development boundaries and no construction activities shall be allowed outside of those boundaries. A qualified biologist shall confirm the extent to which jurisdictional wetlands will be impacted by the project. The biologist shall provide a written report, including photos, to the City of Watsonville, and, to the extent required by project permits, to the Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Wildlife no more than 30 days after this visit. (CDD-E, PW)

34. Develop and Implement a Habitat Restoration Plan (Mitigation Measure BIO-5). The applicant shall develop and implement a Habitat Restoration Plan to be submitted and approved by the City of Watsonville prior to the issuance of final grading plans to mitigate for direct impacts to the willow woodland. The plan will address the following:
• In order to mitigate for 0.040 acres removal of willow riparian habitat the Habitat Restoration Plan shall provide a minimum of 0.120 acres (a 3:1 ratio) of habitat restoration and enhancement the site.
• The plan shall include performance criteria against which to measure the project’s success, a minimum of five years of maintenance and monitoring shall be included in order to demonstrate attainment of the performance criteria, and yearly status reports to be submitted to the City of Watsonville, and, to the extent required by project permits, to the Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Wildlife no later than December 31 of the year that monitoring occurred.

35. Conduct Archaeological Sensitivity Training for Construction Personnel (Mitigation Measure CUL-1). The Applicant shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior’s Professional Qualifications and Standards to conduct an archaeological sensitivity training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. The Applicant and/or qualified professional archaeologist shall propose a date for scheduling the training at the pre-construction meeting with City staff. The Applicant shall notify the City at least 48 hours before holding the training and keep a log of all attendees. The training session shall include a handout and shall focus on how to identify archaeological resources that may be encountered during earthmoving activities Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation, if one is necessary. (CDD-P,-E, PW)

36. Cease Ground‐Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered (Mitigation Measure CUL-2). In the event that archaeological resources are unearthed during ground‐disturbing activities, ground‐disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities will not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Monitored work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. In the event that the newly discovered artifacts are determined to be prehistoric, Native American Tribes/Individuals shall be contacted and consulted, and Native American construction monitoring shall be initiated. The Applicant and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. (CDD-P,-E, PW)

37. Conduct Archeological Resource Spot Check during Grading and Earth‐ moving Activities in Younger Alluvial Sediments (Mitigation Measure CUL3). The Applicant shall retain an archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards (qualified archaeologist) to conduct an archaeological spot check after excavation has reached two feet below ground surface. The check shall determine if excavations have exposed archaeological resources, or if there is significant potential remaining for discovery. Additional spot checks may be required at the discretion of the monitoring archaeologist. If archaeological resources are discovered during a spot check, a qualified archaeological monitor shall be required to monitor all subsequent ground moving activity. Multiple earth‐moving construction activities may require multiple archaeological monitors, as deemed appropriate by the qualified archaeologist. (CDD-P,-E, PW)

38. Prepare Report Upon Completion of Monitoring Services (Mitigation Measure CUL-4). The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring (if required). The report shall be submitted to the Applicant, the NWIC, the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA. (CDD-P,-E, PW)
Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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39. Cease Ground-Disturbing Activities and Notify County Coroner If Human Remains Are Encountered (Mitigation Measure CUL-5). If human remains are unearthed during implementation of the proposed project, the County of Santa Cruz and the Applicant shall comply with State Health and Safety Code Section 6050.5. The County of Santa Cruz and the Applicant shall immediately notify the County Coroner and no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). After the MLD has inspected the remains and the site, they have 48 hours to recommend to the landowner the treatment and/or disposal, with appropriate dignity, the human remains and any associated funerary objects. Upon the reburial of the human remains, the MLD shall file a record of the reburial with the NAHC and the project archaeologist shall file a record of the reburial with the CHRIS-NWIC. If the NAHC is unable to identify a MLD, or the MLD identified fails to make a recommendation, or the landowner rejects the recommendation of the MLD and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. (CDD-P,-E, PW)

40. California Building Code (Mitigation Measure GEO-1). All construction activities shall meet the California Building Code regulations for seismic safety.

Construction plans shall be subject to review and approval of the City prior to the issuance of a building permit. All work shall be subject to inspection by the City and must conform to all applicable code requirements and approved improvement plans prior to final inspection approval or the issuance of a certificate of occupancy. The Applicant shall be responsible for notifying construction contractors about California Building Code regulations for seismic safety. (CDD-B)

41. Erosion and Sediment Control Plan or Stormwater Pollution Prevention Plan (Mitigation Measure GEO-2). The Applicant shall submit an Erosion and Sediment Control Plan or Stormwater Pollution Prevention Plan prepared by a registered professional engineer or qualified stormwater pollution prevention plan developer as an integral part of the grading plan. The Plan shall be subject to review and approval of the City prior to the issuance of a grading permit. The Plan shall include all erosion control measures to be used during construction, including run-on control, sediment control, and pollution control measures for the entire site to prevent discharge of sediment and contaminants into the drainage system. The Plan shall include the following measures as applicable:
• Throughout the construction process, ground disturbance shall be minimized, and existing vegetation shall be retained to the extent possible to reduce soil erosion. All construction and grading activities, including short-term needs (equipment staging areas, storage areas and field office locations) shall Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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minimize the amount of land area disturbed. Whenever possible, existing disturbed areas shall be used for such purposes.
• All drainage ways, wetland areas and creek channels shall be protected from silt and sediment in storm runoff using appropriate BMPs such as silt fences, diversion berms and check dams. Fill slopes shall be stabilized and covered when appropriate. All exposed surface areas shall be mulched and reseeded.

All cut and fill slopes shall be protected with hay mulch and/or erosion control blankets, as appropriate.
• All erosion control measures shall be installed according to the approved plans prior to the onset of the rainy season but no later than October 15th.

Erosion control measures shall remain in place until the end of the rainy season but may not be removed before April 15th. The applicant shall be responsible for notifying construction contractors about erosion control requirement.
• Example design standards for erosion and sediment control include, but are not limited to, the following: avoiding disturbance in especially erodible areas; minimizing disturbance on slopes exceeding 30 percent; using berms, swales, ditches, vegetative filter strips, and catchbasins to prevent the escape of sediment from the site; conducting development in increments; and planting bare soils to restore vegetative cover.
• The applicant will also develop an inspection program to evaluate if there is any significant on-site erosion as a result of the rainfall. If there were problem areas at the site, recommendations will be made to improve methods to manage on-site erosion. (CDD-E, PW)

42. Conduct Paleontological Sensitivity Training for Construction Personnel (Mitigation Measure GEO-3). The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology and shall conduct a paleontological sensitivity training for construction personnel prior to commencement of excavation activities. The Applicant and/or qualified professional paleontologist shall propose a date for scheduling the training at the pre-construction meeting with City staff. The Applicant shall notify the City at least 48 hours before holding the training and keep a log of all attendees. The training will include a handout and will focus on how to identify paleontological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of paleontological monitors, notification and other procedures to follow upon discovery of resources, and the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. (CDD-P-E, PW)

43. Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered (Mitigation Measure GEO-4). If paleontological resources and or unique geological features are unearthed during ground-disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until appropriate paleontological treatment plan has been approved by the Applicant and the City.

Work shall be allowed to continue outside of the buffer area. The Applicant and City shall coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist’s discretion and to reduce construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing. (CDD-P-E, PW)

44. Asbestos Containing Materials (Mitigation Measure HAZ-1). Per recommendations in the Phase I Environmental Site Assessment (ESA) performed for the project site, prior to any redevelopment or demolition activities the Applicant shall: (1) survey the existing on-site structures for the presence of asbestos containing materials (to be conducted by an OSHA-certified inspector); and (2) if building elements containing any amount of asbestos are present, prepare a written Asbestos Abatement Plan describing activities and procedures for removal, handling, and disposal of these building elements using EPA- and/or OSHA-approved procedures, work practices, and engineering controls. (CDD-E, PW)

45. Lead-based Paints (Mitigation Measure HAZ-2). The Applicant shall test the existing on-site structures for lead-based paint. If present, the lead-based paint shall be removed and disposed of following lead abatement performance standards included in the U.S. Department of Housing and Urban Development Guidelines for Evaluation and Control of Lead-Based Paint program, in compliance with Title 8 California Code of Regulations (including Section 1532.1). (CDD-E, PW)

46. Existing Plus Project Impacts on the Auto Center Drive & Marin Street Intersection (Mitigation Measure TRANS-1). To improve driving conditions at the Auto Center Drive & Marin Street intersection, the City shall require the following improvements. (CDD-E, PW)
Auto Center Drive South of Marin Street
• Provide approximately 280 feet of Striping Detail 22 (Centerline). • Provide approximately 350 feet of Striping Detail 27B (Right Edgeline) and create a painted bulb-out for vehicles entering from Auto Center Drive. Within the painted bulb-out, add 6” diagonal white striping with 15’ spacing. The right edgeline striping would move the center of the road away from the curb allowing for better visibility.
• Provide “Intersection Ahead” signage (W1-10e) with “Speed Sign” (W13-1P) with 20 mph speed and a custom “Limited Sight Distance” sign. Place at point of curvature for Northbound approach according to MUCTD Table 2C-4. This sign would warn drivers of the approaching intersection to be aware of cross traffic and to reduce speed.

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Marin Street
• Move the 12-inch stop bar closer to the curb line along with new “STOP” markings. This will allow drivers to pull up further into the new 8-foot parking lane to increase visibility along Auto Center Drive.
• Provide approximately 75 feet of Striping Detail 22 (Centerline) to shift the westbound intersection approach to the north. This would allow for more visibility on the Auto Center Drive northbound approach. • Extend red curb on the south curb approximately 85 feet. This red curb would remove approximately three on-street parking spaces. This would prevent drivers from parking in the painted bulb-out.
• Extend red curb on the north curb approximately 30 feet. This red curb would remove approximately one on-street parking space to allow more space for drivers to approach the intersection.

Auto Center Drive North of Marin Street
• Extend red curb approximately 120 feet on the east curb and provide “No Parking Anytime” signage. This would remove approximately five (5) on-street parking spaces. Red curb would make parking illegal along the eastern curb allowing southbound sight distance to be unobstructed.
• Provide “Intersection Ahead” signage (W1-10e) with “Speed Sign” (W13-1P) with 20 mph speed and a custom “Limited Sight Distance” sign. Place at point of curvature for southbound approach according to MUCTD Table 2C-4. This sign would warn drivers of the approaching intersection to be aware of cross traffic and to reduce speed.
• Provide speed feedback sign similar to existing signage on east side of Auto Center Drive. Place at point of curvature for southbound approach according to MUCTD Table 2C-4.
• Provide approximately 200 feet of Striping Detail 22 (Centerline) and Striping Detail 27B (Right Edgeline) for the Northbound approach. Right edgeline striping would be 8-feet from the curb. This striping would reduce confusion for vehicles traveling northbound.
• Provide approximately 490 feet of Striping Detail 27B (Right Edgeline) for the Southbound approach. This striping would move the center of the road away from the curb allowing for better visibility.

47. Construction Period Transportation Impacts (Mitigation Measure TRANS-2).

The applicant shall submit a Construction Period Traffic Control Plan to the City for review and approval. The plan shall include traffic safety guidelines compatible with section 12 of the Caltrans Standard Specifications (“Construction Area Traffic Control Devices”) to be followed during construction. The plan shall also specify provision of adequate signing and other precautions for public safety to be provided during project construction. In particular, the plan shall include a discussion of bicycle and pedestrian safety needs due to project construction and later, project operation. In addition, the plan shall address emergency vehicle access during construction. The applicant or their general contractor for the project shall notify the Public Works & Utilities Department and local emergency services (i.e., the Police and Fire Departments) prior to construction to inform them of the proposed construction schedule and that traffic delays may occur.

Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

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Prior to approval of a grading permit, the City shall review and approve the project Construction Period Traffic Control Plan. During construction, the City shall periodically verify that traffic control plan provisions are being implemented. (CDD-E, PW)
Prior to permit issuance, the following conditions shall be addressed:

48. Preconstruction Meeting. Prior to issuance of a building permit or the commencement of any site work, the project applicant and the general contractor shall attend a pre-construction meeting with the Building Official and City staff to discuss the project conditions of approval, working hours, site maintenance and other construction matters. The general contractor shall acknowledge that he/she has read and understands the project conditions of approval, particularly those pertaining to construction practices and site safety, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. (CDD-P-B-E)

49. MMRP Implementation. The applicant shall prepare a list identifying the individuals responsible for implementing the Mitigation Monitoring and Reporting Program. The applicant shall provide upon request by the City a compliance log demonstrating all Mitigation Measures have been implemented. (CDD-P)

50. Solid Waste Service Plan. Solid waste generated during the construction shall be serviced by the City of Watsonville Solid Waste Division. Applicant shall submit a Solid Waste Service Plan on the City form for review and approval. (CDD-E)
During construction, the following conditions shall be adhered to:

51. Superintendent. Applicant shall have onsite at all times, a superintendent that shall act as the applicant’s representative and as a point of contact for the City’s Public Works Inspector. The superintendent shall be authorized by the Owner to direct the work of all contractors doing work on public and private improvements. (CDD-E, PW)

52. Best Management Practices (BMPs). Provide BMPs during construction to prevent sediment, debris and contaminants from draining offsite. BMPs shall comply with the City of Watsonville Erosion Control Standards and the Erosion and Sediment Control Field Manual by the California Regional Water Quality Control Board, San Francisco Region, latest edition. All erosion control shall be installed prior to October 15 and be maintained in place until April 15. Provide a note on the improvement plans stating that construction should take place between April 15 and October 15. The applicant shall ensure that all contractors are aware of all erosion control standards and BMPs. (CDD-E, PW)

53. BMPs for Controlling Construction Emissions (Monterey Bay Air Resources District Recommendation). The project applicant shall implement the following Best Management Practices to limit the potential fugitive dust, construction emissions, and odors generated by the project:

Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

Attachment 5

• Water all exposed surfaces (e.g., staging areas, soil piles, graded areas, and unpaved access roads) at least two times per day during construction and adequately wet demolition surfaces to limit visible dust emissions. • Cover all haul trucks transporting soil, sand, or other loose materials off the project site.
• Use wet power vacuum street sweepers at least once per day to remove all visible mud or dirt track-out onto adjacent public roads (dry power sweeping is prohibited) during construction of the proposed project. • Vehicle speeds on unpaved roads/areas shall not exceed 15 miles per hour.
• Complete all areas to be paved as soon as possible and lay building pads as soon as possible after grading unless seeding or soil binders are used. • Minimize idling time of diesel-powered construction equipment to five minutes and post signs reminding workers of this idling restriction at access points and equipment staging areas during construction of the proposed project.
• Maintain and properly tune all construction equipment in accordance with manufacturer’s specifications and have a CARB-certified visible emissions evaluator check equipment prior to use at the site.

Post a publicly visible sign with the name and telephone number of the construction contractor and City staff person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The publicly visible sign shall also include the contact phone number for the Monterey Bay Air Resources Management District to ensure compliance with applicable regulations. (CDD-E, PW, MBARD)

54. Complimentary Dust Control Measures. To minimize dust/grading impacts during construction the applicant shall:
a. Spray water on all exposed earth surfaces during clearing, grading, earth moving and other site preparation activities throughout the day to minimize dust.
b. Use tarpaulins or other effective covers on all stockpiled earth material and on all haul trucks to minimize dust.
c. Sweep the adjacent street frontages at least once a day or as needed to remove silt and other dirt which is evident from construction activities. d. Ensure that construction vehicles are cleaned prior to leaving the construction site to prevent dust and dirt from being tracked off-site. e. The City shall have the authority to stop all grading operations, if in opinion of City staff, inadequate dust control or excessive wind conditions contribute to fugitive dust emissions. (CDD-E)

55. Unanticipated Discovery of Contaminated Soils. In the unlikely event that contaminated soils are discovered during the earth-moving activities, all development activities shall cease immediately and remain stopped until an assessment has been completed by a geotechnical firm approved by the City. If remediation is necessary, the applicant shall enter into a Remedial Action Agreement with the Santa Cruz County Environmental Health Service Agency. (CDD-P-E)
Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

Attachment 5

56. Solid Waste Disposal. All solid waste generated inside City limits must be hauled from the site of generation by the City of Watsonville Solid Waste Division, pursuant to Chapter 3 (City Utilities) of Title 6 (Sanitation and Health) of the Watsonville Municipal Code. This includes all wastes generated at construction sites, excavation projects, land clearing, demolition, earthwork projects, remodels, grading, and tenant improvement projects as well as ongoing business/residential use on the premises. Applicant shall comply with all applicable requirements for removal and disposal of hazardous materials. (PW)

57. Work Hours. No work for which a building permit is required shall be performed within the hours of 7 p.m. to 7 a.m., Monday through Friday, nor prior to 8 a.m. or after 5 p.m. on Saturday. No Work shall occur on Sundays or holidays. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions and identifying the phone # of the Job superintendent. (CDD-B)
Construction notes to be included with the Improvement Plans:

58. Damaged Public Facilities. Existing public facilities damaged during the course of construction or in an existing state of disrepair shall be repaired by the applicant, at the applicant's expense, to the satisfaction of the City. (CDD-E)

59. Inspection Notice. Contractor shall provide a minimum of 48 hours notice in advance of any required inspection. Any temporary suspension of work or returning to work for any reason shall be cause for the developer or contractor to telephone the Public Works Inspector at 831-768-3100. (CDD-E)

60. Underground Utilities. Prior to excavation, contractor shall locate all existing underground utilities. Call Underground Service Alert (U.S.A.) at 1-800-642-2444 to have utilities located and marked in the field. (CDD-E) Prior to Final Inspection or Certificate of Occupancy, the following conditions shall be met:

61. Statements of Compliance. All project designer professionals who prepared plans for the project (e.g., civil, structural, and geotechnical engineers) shall provide statements of compliance attesting that they have reviewed the completed project and that it was constructed in conformance with their recommendations and plans. Where special inspections and testing were involved, the letters of compliance shall be accompanied by inspection logs, testing and analysis that support the engineer’s conclusions. (CDD-B-E)

62. Landscaping Installation. All landscaping and irrigation shall be installed and approved by Community Development Department staff. (CDD-P-E)

63. Trash Removal. All trash and construction debris shall be removed from the site. (CDD-B, PW)
Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

Attachment 5

Ongoing Conditions:

64. Post Construction Stormwater Ordinance – Inspection, Maintenance and Annual Reporting. Applicant shall perform inspections, maintenance to the post-construction stormwater management facilities and report to the City each year on these activities. (CDD-E, PW)

65. Solid Waste Service. All trash, recycling and greenwaste materials generated onsite shall be disposed of at a City-approved landfill or recycling center. The applicant shall contact the Solid Waste Division of the City Public Works Department to coordinate disposal of all trash, recycling and greenwaste materials. (PW)

66. Trash Enclosure Maintenance. Trash and recycling enclosure shall be maintained to the satisfaction of Watsonville Municipal Services. (PW)

67. Lighting and Landscape Maintenance. Lighting, landscaping and all other site improvements shall be maintained in perpetuity. Landscaping shall be maintained in good growing condition by a professional landscape maintenance company; and such maintenance shall include, where appropriate, weeding, mowing, pruning, cleaning, fertilizing and regular watering. All dead, dying and diseased vegetation shall be immediately replaced in kind. (CDD-P)

68. Ongoing Maintenance. Common (patio) areas, landscaping, street trees, driveways, parking spaces, walks, fences and walls shall be maintained on an ongoing basis by the property owner(s) for the entire development area. (CDDP)

69. Potential Attractive Pest Nuisance Avoidance. To ensure trash enclosures do not attract nuisance pest species, such as Norway rat, raccoon, and opossum, the applicant shall develop a monitoring program to ensure trash areas are routinely cleaned and secured at night. (PW)
Future Sign Permit:

70. Sign Permit. Any new or proposed changes in the exterior signage for the premises shall require Sign and Building Permits through the Community Development Department. (CDD-P-B)
Indemnity Provision:

71. Indemnity Provision. The applicant shall sign a defense and indemnity contract agreeing to defend, indemnify, and hold harmless the City of Watsonville, its elected and appointed officials, officers, employees, and agents arising out Special Use Permit with Design Review and Environmental Review (PP2019-14), including but not limited to any approval or condition of approval of the City of Watsonville Planning Commission or City Council. The City shall promptly notify the applicant of any claim, action, or proceeding concerning this permit and the applicant and City shall cooperate fully in the defense of the matter. The City reserves the right to select counsel in the defense of the matter. (CA) Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

Attachment 5

Key to Department Responsibility
CDD-B – Community Development Department (Building)
CDD-P – Community Development Department (Planning)
CDD-E – Community Development Department (Engineering)
CDD-H – Community Development Department (Housing)
PW – Public Works Department
WFD – Watsonville Fire Department
WPD – Watsonville Police Department
MBARD – Monterey Bay Air Resources District
CAT – City Attorney
Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment - Exhibit B.docx Exhibit "B"

Attachment 5

CITY OF WATSONVILLE

CITY COUNCIL
EXHIBIT "C"
Application No: PP2019-14
APNs: 016-491-01, -02, & -03, &
016-111-44
Applicant: MidPen
Hearing Date: June 23, 2020
Applicant: Elizabeth Nahas Wilson, MidPen Housing Corp.

Property Owner: Michael C. Marchisio Trust, 197 45 Oakmont Drive, Los Gatos, CA 95033 (APNs: 016-491-01, 016-491, and 016-111-44); Namvar & Shireen Dinyari, 299 Vista Drive, Wa_tsonville, CA 95076 (APN:
016-491-03)
Project:

Location:

Purpose:

Special Use Permit/Specific Development Plan with Design Review and Environmental Review
139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, CA 95076
Allow the construction of the Miles Lane Project with a mix of residential and non-residential uses
A Special Use Permit/Specific Development Plan with Design Review and Environmental Review (PP2019-14) to allow the construction of the Miles Lane Project on a 4.7± acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, California (APNs 016-491-01, -02, & -03, & 016-111-44), was recommended for approval by the Planning Commission at a public hearing on May 5, 2020, and was reviewed by the City Council at a public hearing on June 23, 2020, and was conditionally approved by adoption of Resolution No. -20 (CC) together with findings and conditions of approval attached hereto and made a part of this permit.

CITY OF WATSONVILLE CW: ~ Suzi Merriam
Community Development Director
Q:\COUNCIL\2020\062320\Miles Lane Lot Line Adjustment -Exhibit C.docx Exhibit "C"

121
Attachment 5

Ord No. 1407-20 (CM)
P:\COUNCIL\2020\070720\PDO Rezoning Ordinance - Miles Lane Project.docx ri 7/7/2020 4:45:09 PM
1 ORDINANCE NO. 1407-20 (CM)

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF WATSONVILLE APPROVING REZONING TO ESTABLISH A
PLANNED DEVELOPMENT OVERLAY DISTRICT ON ASSESSOR’S
PARCEL NUMBERS 016-491-01, -02, & -03, & 016-111-44 NOW CLASSIFIED RM-2 MULTIPLE RESIDENTIAL DISTRICT (MEDIUM
DENSITY) WITH GENERAL PLAN DESIGNATION OF RM-2 AND EM
(SPECIFIC PLAN) TO RM-2/PD FOR APPLICATION NO. PP2019-14 FILED BY MIDPEN HOUSING CORPORATION TO CONSTRUCT A 72

UNIT MULTI-FAMILY AFFORDABLE HOUSING DEVELOPMENT ON A

4.7± ACRE PARCEL LOCATED AT 139, 141, 161 MILES LANE AND 201

KIMBERLY LANE, WATSONVILLE, AND DIRECTING CHANGES BE

MADE ON THE ZONING MAP OF THE CITY OF WATSONVILLE
(REQUIRES AT LEAST 5 AFFIRMATIVE VOTES PER SECTION 14-

16.2507 OF THE WATSONVILLE MUNICIPAL CODE)
WHEREAS, on January 16, 2019, Elizabeth Nahas Wilson with MidPen Housing Corporation, applicant, on behalf of the Michael C. Marchisio Trust and Namvar & Shireen Dinyari, property owners, submitted Application No. PP2019-14 to rezone Assessor’s Parcel Numbers 016-491-01, -02, & -03, & 016-111-44 presently zoned RM-2 Multiple Residential District (Medium Density) with a General Plan Designation of RM-2 and EM (Specific Plan) to establish a Planned Development Overlay so as to rezone said parcels to RM-2/PD for the construction of a (72) seventy-two unit multi-family affordable housing development on a 4.7±-acre parcel located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville; and
WHEREAS, on June 12, 2019, the applicant amended the entitlement application to include a request for adopting a Planned Development Overlay District to allow the modification of building setback regulations. The applicant indicates that this request is necessary to ensure the feasibility of the proposed treatment facilities and affordable housing development; and
Attachment 6

Reso No. 1407-20 (CM)
P:\COUNCIL\2020\070720\PDO Rezoning Ordinance - Miles Lane Project.docx ri 7/7/2020 4:45:09 PM
2 WHEREAS, on February 28, 2020, the applicant revised the project plans to remove two buildings and associated retaining walls on steep slopes. This change was based on reducing construction costs. The applicant also revised the project plans to increase the overall number of dwelling units from 61 to 72 by adding a third story to five buildings. As one of the buildings now exceeds the maximum height limit of 40 feet, the applicant requests a height limit modification to allow this building with a height of 48 feet; and
WHEREAS, the applicant further amended and clarified the entitlement application requests at this time. The applicant indicated that the Planned Development process would also be used “to modify density and use.” Modifications to district regulations may be requested using the Planned Development process rather than as concessions per state Density Bonus law. Altogether, requested modifications to district regulations include a mix of allowable uses onsite (i.e., residential and non-residential), an increase in maximum building height, a reduction of minimum building setbacks, and a reduction of minimum net land area per unit requirements; and WHEREAS, certain project features are not permitted by the current zoning in that the project represents a departure from certain regulations of the RM-2 District; and WHEREAS, the Planned Development District Regulations of Part 25 of Chapter 16 of Title 14 of the Watsonville Municipal Code (commencing with Section 14-16.2500) establish a procedure to change specific District Regulations (described in Section 14-

16.2503 of the Watsonville Municipal Code where appropriate if eligible under Section 14-16.2504 and the findings required by Section 14-16.2508 of the Watsonville Municipal Code can be made; and
Attachment 6

Reso No. 1407-20 (CM)
P:\COUNCIL\2020\070720\PDO Rezoning Ordinance - Miles Lane Project.docx ri 7/7/2020 4:45:09 PM
3 WHEREAS, the area affected is depicted on Exhibit “B,” attached hereto and incorporated herein; and
WHEREAS, implementation of this Planned Development Overlay Ordinance on the subject properties will carry out public objectives more fully; and WHEREAS, on May 5, 2020, the Watsonville Planning Commission adopted Resolution No. 12-20 (PC) recommending, in part, that the City Council adopt an Ordinance designating the properties located at 139, 141, 161 Miles Lane and 201 Kimberly Lane with RM-2/PD; and
WHEREAS, notice of time and place of hearing for approval of the rezoning to establish the Planned Development Overlay District was given at the time and in the manner prescribed by the Zoning Ordinance pursuant to Section 14-10.900 of the Watsonville Municipal Code; and
WHEREAS, the City Council has considered all written and verbal evidence, and the matter submitted for decision.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

1. That the City Council does hereby approve Rezoning to establish a Planned Development Overlay District on Assessor’s Parcel Numbers 016-491-01, -02, & -03, & 016-111-44 presently zoned RM-2 Multiple Residential District (Medium Density) with General Plan Designation of RM-2 and EM (Specific Plan) to RM-2/PD which is consistent with Planned Development Rezoning Findings, attached hereto and identified as Exhibit “A,” for Application No. PP2019-14 filed by MidPen Housing Corporation for the construction of a (72) seventy-two unit multi-family affordable housing Attachment 6

Reso No. 1407-20 (CM)
P:\COUNCIL\2020\070720\PDO Rezoning Ordinance - Miles Lane Project.docx ri 7/7/2020 4:45:09 PM
4 development on a 4.7±-acre parcel located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville.

2. That the City Clerk is hereby authorized and directed to make changes upon that portion of the official “Zoning Map of the City of Watsonville” as shown on Exhibit “B,” a copy of which is attached hereto, and designates the ordinance number and effective date of the ordinance authorizing the change and to depict said lot lines on the Zoning Map once the subdivision map is recorded.

SECTION 2. PUBLICATION.

This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.

SECTION 3. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its final adoption. *****************************************
Attachment 6

The foregoing ordinance was introduced at regular City Council meeting of the City of Watsonville, held on the 23rd day of June , 2020, by Member Hernandez , who moved its adoption, which motion being duly seconded by Member Gonzalez was upon roll call carried and ordered printed and published by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

APPROVED AS TO FORM:

CityAtt~
Reso No. 1407-20 (CM)
Estrada, Gonzalez, Hernandez, Hurst,
Parker, Garcia
Coffman-Gomez
None
P:\COUNCIL\2020\070720\PDO Rezoning Ordinance - Miles Lane Project.docx ri 7/7/2020 4:45:09 PM
5 Attachment 6

ORDINANCE NO. 1407-20 (CM)
The foregoing ordinance, having been printed and published as required by the Charter of the City of Watsonville, and coming on for final consideration at the regular meeting of the Council of the City of Watsonville, held on the 7th day of July , 2020, by Member Hurst , who moved its adoption, which motion being duly seconded by Member Parker , was upon roll call carried and the ordinance finally adopted by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Rebecca J.Garcfa, Mayor
EFFECTIVE DATE:

August6,2020
************************************

STATE OF CALIFORNIA

COUNTY OF SANTA CRUZ

CERTIFICATION
I, Beatriz Vazquez Flores, City Clerk of the City of Watsonville, in the County of Santa Cruz, State of California, hereby certify that the attached Ordinance No. 1407-20 (CM) is a true and correct copy of the original of said ordin nee as it appears upon the official records of said City of Watsonville.
zquez Flores, City Clerk
Date~ '4 Jo;;d
Be
Reso No. 1407-20 (CM)
P:\COUNCIL\2020\070720\PDO Rezoning Ordinance - Miles Lane Project.docx ri 7/7/2020 4:45:09 PM
6 Attachment 6

CITY OF WATSONVILLE EXHIBIT “A”

CITY COUNCIL
Application No: PP2019-14
APNs: 016-491-01, -02, & -03,
& 016-111-44
Applicant: MidPen
Hearing Date: June 23, 2020
PLANNED DEVELOPMENT OVERLAY DISTRICT FINDINGS (WMC § 14-16.2508) The following findings apply to the portion of the project site in which a Planned Development (PD) Overlay District shall be combined with the underlying RM-2 Zoning District to allow the development of the Miles Lane Project, consisting of 72 affordable housing units (owned and operated by MidPen) and the replacement of an existing residential substance abuse treatment facility with a new residential substance abuse treatment facility and new outpatient rehabilitation facility (owned and operated by Encompass).

1. The District is consistent with the General Plan and/or the Local Coastal Land Use Plan, and/or adopted area plans when applicable.

Supportive Evidence
The developable portion of the project site is designated Residential Medium Density on the General Plan Land Use Diagram, which allows a density range of 8 to 13.99 units per acre. Per state law, the project is eligible for a density bonus of up to 80 percent greater than the maximum allowed because it is a 100 percent affordable housing project. The project would not result in a residential density that exceeds the maximum allowed per state Density Bonus law and would help accomplish the community’s affordable housing goals in the Housing Element.

A small portion of the project site is designated Environmental Management.

This area corresponds with the portion of the upper reaches of the Watsonville Slough that runs through the low-lying portion of the site and has been set aside for the protection and preservation of natural resources, such as wetlands, sloughs, and wildlife habitat. No development is proposed within this area.

2. The District is consistent with the purposes of WMC Chapter 14-16 and other applicable sections of Title 14.

Supportive Evidence
The PD process can be used to make modifications to subdivision and zoning district development standards for project sites that exceed one acre. The purpose of the PD process is to provide a technique to foster development plans which serve public objectives more fully than development plans permitted under conventional zoning regulations. A PD Overlay District may provide for modifications on district regulations, such as to building setbacks, building height, lot area, parking, and use.

Exhibit "A"

Attachment 6

The proposed project serves public objectives more fully than development plans permitted under conventional zoning regulations, in that proposed site layout, orientation and location of buildings, clustered development away from riparian areas, vehicular access, pedestrian circulation, parking, setbacks, common open space areas and communal amenities, and similar elements have been designed to create an attractive, livable project which addresses the housing needs of the City without having a negative effect on nearby neighborhoods and natural open spaces.

3. The General Development Plan includes planned variations to underlying district regulations which serve public purposes to an equivalent or higher degree than would underlying district regulations.

Supportive Evidence
Variations from conventional development standards are justified as the project is designed in a manner which offers amenities that enhance neighborhood quality, in general, and provides additional open space greater than what would be permitted by the underlying district regulations. The following is a list of project features that are considered a public benefit and, therefore, provide justification for a Planned Development:
• A centrally located community building that would provide the following amenities: a community room and kitchen, a computer lab, a Learning Center for afterschool programming, a laundry room, and property manager and service manager offices; and
• Multiple recreation facilities, including a 1,075 square-foot play space with climbing structure, 5,284 square feet of artificial turf for recreational activities, 930 square-foot courtyard with tables and BBQ, a 3,000 square-foot community garden with raised beds, and a 380 square-foot observation patio; • Clustering development away from the perennial stream onsite and maximizing the developable land are for a mix of land uses compatible with the surrounding neighborhood;
• Providing 72 affordable housing units; and
• Providing in/outpatient substance use disorder treatment program facilities.

4. The General Development Plan can be coordinated with existing and proposed development of surrounding areas.

Supportive Evidence
The proposed project allows infill housing in a manner consistent with existing and planned nearby residential neighborhoods. Single- and multi-family dwellings comprise nearby residences. Several apartment buildings are located across the street from the project site at 130, 136, and 154 Miles Lane.

5. The General Development Plan, overall, provides an amenity level and amount of open space greater than what would have been permitted by the underlying district regulations.

Supportive Evidence
The proposed project provides, overall, amenities greater than would be permitted by the underlying district regulations. The project provides multiple Exhibit "A"

Attachment 6

recreation facilities, including a 1,075 square-foot play space with climbing structure, 5,284 square feet of artificial turf for recreational activities, 930 squarefoot courtyard with tables and BBQ, a 3,000 square-foot community garden with raised beds, and a 380 square-foot observation patio. In addition, the project includes a centrally located community building that would provide the following amenities: a community room and kitchen, a computer lab, a Learning Center for afterschool programming, a laundry room, and property manager and service manager offices. In addition, the project layout permits a large portion of the site to remain natural open space.

6. If applicable, a final subdivision map for the proposed planned development shall be recorded within two years of the expected date of adoption of the General Development Plan for the planned development.

Supportive Evidence
Not applicable. The proposed project does not involve recordation of a final subdivision map.

7. The General Development Plan is planned so that the total development in each individual development phase can exist as an independent unit; adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and planned surrounding uses, as shown in the General Plan, but will have a beneficial effect which could not be achieved without being located in a PD District.

Supportive Evidence
The PD Overlay District would allow a mix of residential and non-residential uses.

The project involves providing infill affordable housing within an existing neighborhood on land designated for residential development. The project also involves replacing the existing residential substance abuse treatment facility at 161 Miles Lane with a new residential substance use disorder treatment facility and an outpatient rehabilitation facility. These facilities provide a valuable service for the community and are complementary with the affordable housing component of the project.

8. The General Development Plan includes streets and thoroughfares, suitable and adequate to carry anticipated traffic, and the proposed densities will not generate traffic in such amounts as to overload the street network outside the development.

Supportive Evidence
The proposed project would not generate traffic in such an amount that would overload the street network outside the development. An Initial Study has been prepared for the proposed project, which includes a Traffic Impact Study.

Transportation-related impacts were found to be less than significant with mitigation incorporated. Identified measures that mitigate potential impacts to Auto Center Drive and Marin Street Intersection have been included as conditions of approval.

Exhibit "A"

Attachment 6

9. The General Development Plan is designed so that existing or proposed utility services and facilities and other public improvements are adequate for the population densities and land uses proposed.

Supportive Evidence
An Initial Study has been prepared for the proposed project. Section 6.15 of the Initial Study assesses the potential impacts to public services and utilities from the proposed project. No significant impacts were identified. In addition, the applicant is required to pay impact fees, which are a one-time charge paid to the City by developers to offset the additional public service costs of new developments.

10. The General Development Plan is designed so that proposed ratios for offstreet parking are consistent with parking regulations.

Supportive Evidence
The minimum parking requirement for residential projects with apartment units is a one carport and one open parking space per dwelling unit, pursuant to Section II.A.2 of the Residential Development Standards and WMC Section 14-

17.201(a)(3). In addition, the minimum guest parking requirement for apartments with up to 75 units is one space per four bedrooms. The proposed project is not required to be consistent with these parking requirements, because state Density Bonus law has established lower standards for affordable housing projects eligible for a density bonus. WMC Section 14-47.110(f) sets forth these lower parking requirements consistent with state law, as follows:
• Zero to one bedroom: one on-site parking space;
• Two to three bedrooms: two on-site parking spaces; and • Four and more bedrooms: two and one-half parking spaces.

Table 4a in the staff report provides a breakdown of the minimum parking requirement for the affordable housing component of the project. As shown in this table, a minimum of 109 would be required. However, the project provides seven fewer parking spaces and the applicant has requested a concession under state Density Bonus law to allow the parking standard for the proposed studio units to have a parking ratio of 0.565 spaces. The challenging site topography and natural areas minimize the developable portion of the site. Without a parking reduction, the applicant would have to expand the amount of level surfaces necessary for constructing parking stalls, which would require costly site improvements (e.g., retaining walls, soil excavation, offhauling). MidPen further indicates in the Density Bonus Housing Plan that this ratio is based on the parking demand at other affordable housing development in Santa Cruz County, such as the Jessie Street Apartment in Santa Cruz, St. Stephen Senior Housing in Live Oak, Aptos Blue in Aptos, and Sunny Meadows in Watsonville

11. The General Development Plan will not have a detrimental and unmitigatable financial impact on the City.

Supportive Evidence
The project would provide 72 affordable housing units, which would help the City accomplish the community’s affordable family housing goals in the Housing Exhibit "A"

Attachment 6

Element. As mentioned previously, the applicant is also required to pay impacts fees to offset the additional public service costs of new developments.

Exhibit "A"

Attachment 6

135
161
553
1115
202
206
210
214
216
220
217
215
211
209
205
52 62
87 81-85
73-79
89 93
43-49
23-31
51-71
95 11
21 33
34 35
41 40
39 38
37 53
52 54
59 99
22 23
30 32
42 139
56-58
50-52
44-46
38-40
33-41
1203
1201A
1119
SUITES1-4
1185
32 30
40 67
66 68
62 63
64 65
55 56
57 58
61 60
49 50
107
100
84 88
92 72
76 80
85 89
132
133
129
137
149
145
141
21 25
19 15
11 225
201
203
205
209
211
215
217
221
124
122
118
116
112
110
106
104 66
123
119
117
113
111
109
107
103
101
11 13
B
96 A 92
2-34
50 98
136
130
146
140
150
162
158
154
145
141
155
153
149
1170
1318
1114
1102
1106
1041
1047
1051
1055
1103
1107
1039
1037
1021
11 1200
1202
34 60
1017
1009
1007
1003
77 75
76 74
72 78
79 80
81 82
83 87
86 85
84 89
91 90
88 95
96 92
93 94
97 98
101
100
3 1
2 4
5 6
7 10
8 51
48 47
46 45
44 43
71 70
69 12
15 14
17 18
19 20
36 201
24 1031 A-D
1326
1180
124
71 81A
A
6 14
10 2
18 27
23 19
31 22
26 30
34 35
39 43
Freedom Blvd
Manana Ln
Ihlam Pl
Portola Cir
Sa nta Cla ra St
Ju
nip
e ro
S
e rra
r D
Crespi Way
Erik Ln
Madera St
Lincoln St
Costanso St
Cabrillo St
Miles Ln
Marin St
Kimberly Ln
Prepared by Watsonville GIS Center 6/02/2020 ([20-062] Proposed PD Zoning Amendment).

This Document is a graphic representation using the best currently available sources. The City of Watsonville assumes no responsibility for any errors.

Major Projects
131-161 Miles Ln
Zoning
R-1P: Planned Single Family Residential
R-1: Single Family Residential-Low Density
RM-2: Multiple Residential-Medium Density
RM-3: Multiple Residential-High Density
CC: Central Commercial
CCA: Central Commercial Core Area
CN: Neighborhood Commercial
CNS: Neighborhood Shopping Center
CO: Office
CT: Thoroughfare Commercial
CV: Visitor Commercial
IG: General Industrial
IP: Industrial Park
N: Institutional
PF: Public Facilities
EM-OS: Environmental Mgnt. Open Space-Private Land
CZ-A: Coastal Zone-A
CZ-B: Coastal Zone-B
CZ-C: Coastal Zone-C
CZ-D: Landfill
CZ-E: Coastal Zone-E
R-MP: Residential Manufactured Home Park District
PD: Planned Development
Parcel
1 inch = 200 feet
±
Miles Lane
Project
Proposed Zoning
Exhibit "B"

Attachment 6

RESOLUTION NO. _______ (CM)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING A TIME EXTENSION AND MINOR PERMIT MODIFICATION (PP2022-3320) FOR THE ENCOMPASS COMMUNITY SERVICES
PORTION OF THE MILES LANE PROJECT (PP2019-14) ON A 0.99- ACRE SITE LOCATED AT 161 MILES LANE (APN: 016-491-07)
WHEREAS, On June 23, 2020, the City Council of the City of Watsonville took the following actions:
 adopted Resolution No. 120-20 (CM) approving (1) the Mitigated Negative Declaration (PP2019-14) for the Miles Lane Project a 4.7± Acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, California (APNs 016-491-01, -02, & -03, & 016-111-44); and (2) concurrently approving a Mitigation Monitoring and Reporting Program for the Project, in accordance with the California Environmental Quality Act (Attachment 4); and  adopted Resolution No. 121-20 (CM) approving a Lot Line Adjustment, Density Bonus, and Special Use Permit/Specific Development Plan with Design Review and Environmental Review (PP2019-14) to allow construction of the Miles Lane Project, which included a substance abuse facility and 72 affordable housing units, on a 4.7± acre site located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville (APNs 016-491-01, -02, & -03, & 016-111-44) (Attachment 5); and
 introduced Ordinance No. 1407-20 (CM) to adopt a Planned Development Overlay District on the underlying residential district for Santa Cruz County Assessor’s Parcel Numbers 016-491-01, -02, & -03, & 016-111-44 and direct changes on the Zoning Map of the City of Watsonville (Attachment 6); and

WHEREAS, on July 7, 2020, the City Council of the City of Watsonville adopted Ordinance No. 1407-20 (CM) establishing a Planned Development Overlay District on the underlying residential district for Santa Cruz County Assessor’s Parcel Numbers 016-491- 01, -02, & -03, & 016-111-44 and directing changes to the Zoning Map of the City of Watsonville; and
WHEREAS, on April 18, 2022, Encompass Community Services, applicant, on behalf of the owner of the property located at 161 Miles Lane (APN: 016-491-07), requested issuance of a Time Extension with Minor Permit Modification (PP2022-3320).

The application includes a request for a one-year entitlement extension for the Encompass portion of the Miles Lane Project (noted on the plan set as “Encompass Residential” and “Encompass Outpatient” buildings) and minor permit modifications.

Minor permit modifications include a 400± square foot addition and minor changes to the approved elevations of the Encompass Residential building and to the floor plans of both buildings; and
WHEREAS, the applicant submitted their application and fee on April 18, 2022, 67 days prior to the June 23, 2022, expiration date for the entitlements granted under PP2019-14; and
WHEREAS, the applicant has made significant progress towards initiating the construction phase of the project, but in order to best serve their clients and community, they are creating and implementing a transition plan that helps them avoid a two-phase project that would significantly extend construction time; and

WHEREAS, an extension to the current entitlements would allow Encompass Community Services the time and flexibility to sustain their programming and apply for building permits before the end of 2022; and
WHEREAS, notice of time and place of the hearing to consider approval of Application No. PP2022-3320 was given at the time and in the manner where appropriate public noticing procedures have been followed and a public hearing was held according to Section 14-10.900 of the Watsonville Municipal Code; and WHEREAS, the City Council has considered all evidence received, both oral and documentary, and the matter was submitted for decision.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

That the City Council does hereby approve the one-year Time Extension and Minor Design Modification (PP2022-3320), subject to the Conditions of Approval attached hereto and marked as Exhibit “A,” for the Encompass Community Services portion of the Miles Lane Project located at 161 Miles Lane (APN: 016-491-07). ******************************************

CITY OF WATSONVILLE EXHIBIT “A”

CITY COUNCIL
Application No: PP2022-3320
APN: 016-491-07
Applicant: Encompass Community
Services
Hearing Date: September 13, 2022

SPECIFIC DEVELOPMENT PLAN/SPECIAL USE PERMIT WITH DESIGN REVIEW &

LOT LINE ADJUSTMENT CONDITIONS OF APPROVAL
General Conditions:

1. Approval. This approval applies to the Plan Set identified as “Miles Lane Housing” located at 139, 141, 161 Miles Lane and 201 Kimberly Lane, Watsonville, CA 95076, dated and received by the Community Development Department on February 28, 2020, and filed by Elizabeth Nahas Wilson with MidPen Group, Inc., applicant, on behalf of Michael C. Marchisio Trust (APNs 016‐491-01, 016‐491-02, and 016‐111‐44) and Namvar & Shireen Dinyari (APN 016‐491‐03), property owners. (CDD-P)

2. Conditional Approval Timeframe. This Special Use Permit shall be null and void if not acted upon within 1224 months from the effective date of the approval thereof (September 13, 2023). Time extensions may be considered upon receipt of written request submitted no less than forty-five (45) days prior to expiration and in accordance with the provisions of Section 14-10.1201 of the Watsonville Municipal Code (WMC). No further extensions may be granted by the Zoning Administrator or by the final hearing body (WMC §14-10.1201(a)). (CDD-P)

3. Modifications. Modifications to the project or conditions imposed may be considered in accordance with WMC Sections 14-12.1000 and 14-10.1305. All revisions shall be submitted prior to field changes and are to be clouded on the plans. (CDD-P)

4. Substantial Compliance. Project development shall be accomplished in substantial accordance with the approved Plan Set. Any required revisions to the Plan Set shall be completed to the satisfaction of the Community Development Director or designee. (CDD-P)

5. Grounds for Review. The project shall be in compliance with the conditions of approval, all local codes and ordinances, appropriate development standards, and current City policies. Any deviation will be grounds for review by the City and may possibly result in revocation of the Special Use Permit or Design Review Permit, pursuant to Part 13 of WMC Chapter 14-10, or other code enforcement actions, pursuant to WMC Chapter 14-14. (CDD-P)

6. Appeal Period/Effective Date. This Special Use Permit with Design Review shall not be effective until 14 days after approval by the decision-making body or following final action on any appeal. (CDD-P)

7. Necessary Revisions. The applicant shall make and note all revisions necessary to comply with all conditions of approval. The applicant shall certify in writing below the list(s) of conditions that the building plans comply with the conditions of approval. (CDD-P)

8. Conditions of Approval. A copy of the final conditions of approval must be printed on the first or second sheet of plans submitted for future permits. Plans without the conditions of approval printed directly on the first or second page will not be accepted at the plan check phase. (CDD-P)

9. Required Statement. The applicant and contractor who obtains a building permit for the project shall be required to sign the following statement, which will become conditions of the building permit:
“I understand that the subject permit involves construction of a building (project) with an approved Special Use Permit with Design Review. I intend to perform or supervise the performance of the work allowed by this permit in a manner which results in a finished building with the same level of detail, articulation, and dimensionality shown in the plans submitted for building permits. I hereby acknowledge that failure to construct the building as represented in the building permit plans, may result in delay of the inspections process and/or the mandatory reconstruction or alteration of any portion of the building that is not in substantial conformance with the approved plans, prior to continuation of inspections or the building final.”

Signature of Building Contractor: _____________________________________ Date:_____________
Affordable Housing Condition:

10.Density Bonus (Affordable) Housing Agreement. The applicant shall record a Density Bonus Housing Agreement prior to issuance of a building permit. The Council, by Resolution, shall process, review, and consider the Density Bonus Housing Agreement in the same manner it considers Affordable Housing Agreements pursuant to WMC Section 14-46.110. (CDD-P-H, CA) CEQA Environmental Document Filing Fee Condition:

11.CDFW Filing Fee. The California Department of Fish and Wildlife (CDFW) imposes and collects a filing fee to defray the costs of managing and protecting

California’s fish and wildlife resources, including, but not limited to, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, and developing monitoring programs. The applicant shall pay the fee for filing the Mitigated Negative Declaration (MND). (CDD-P) Lot Line Adjustment Conditions:

12.Legal Description. The applicant shall prepare and submit legal descriptions for the revised parcel boundaries approved by this action, including a description of the trail access easement. (CDD-E)

13.Certificate of Compliance and Recordable Map. Prior to preparing and recording a certificate of compliance the applicant shall submit a legal description and geometric closure calculations for the exterior boundary of the three lots along with a recordable map presenting the metes and bounds of the legal description. (CDD-E)
Building and Fire-related Conditions:

14.Required Permits. The applicant shall obtain all required building permits(Building, Electrical, Plumbing, Mechanical, Grading, etc.) for this project. (CDD-B-E)

15.Building Code. Project construction shall comply with the California Building Code as adopted by the City. (CDD-B)

16.Fire Code. Project construction shall comply with California Fire Code as adopted by the City. (WFD)

17.Energy Efficiency. The project design shall conform with energy conservation measures articulated in Title 24 of the California Administrative Code and will address measures to reduce energy consumption such as low-flow showerheads, flow restrictors for toilets, low consumption lighting fixtures, and insulation and shall use drought tolerant landscaping. (CDD-B)

18.Floodplain Development Permit. The applicant shall obtain a Floodplain Development Permit prior to issuance of a building permit, in accordance with WMC Section 9-2.400. (CDD-E, PW)
Prior to or concurrent with the issuance of a Building Permit, the following requirements shall be met:

19.Engineering Comments/Corrections. The applicant shall revise the project plants in accordance with the comments/corrections provided by David Caneer, Principal Engineer, dated March 27, 2020. (CDD-E)

20.Colors & Materials. Plans submitted for building permit shall indicate that all final colors and materials shall be consistent with the colors and materials approved by this permit. (CDD-P)

21.Landscaping & Irrigation Plan. The applicant shall submit three copies of the final Landscaping and Irrigation Plan for review and approval by the Community Development Director prior to issuance of a building permit. The Landscaping Plan shall provide drought-tolerant plants suitable for the Central Coast region.

The Irrigation Plan shall provide an automatic water system (e.g., drip system) to irrigate all landscape areas. (CDD-B-E-P)
a. LANDSCAPING – The Landscape Plan shall indicate the types, quantities, locations and sizes of all plant material, including any existing major vegetation designated to remain and method of protecting planting areas from vehicular traffic. The Landscape Plan shall be drawn to scale, and plant types shall be clearly located and labeled. The plant list shall give the botanical name, common name, gallon sizes to be planted, and quantity of each planting. A minimum of 25 percent of all shrub material shall have a minimum 5-gallon container size. (CDD-E-P) b. IRRIGATION SYSTEM – Automatic, low-flow irrigation system(s) shall be installed in all landscaped areas. Irrigation shall be programmed for night or early morning hours in order to minimize evaporation. (CDD-P) c. WATER CONSERVATION – The project shall utilize water conservation, water recycling, and xeriscaping to the maximum extent possible.

Irrigation systems shall be designed and maintained to avoid run-off, overspray, or other similar conditions where water flows to waste. (CDD-B-EP) d. NEW TREES – As proposed in the preliminary landscape plans, the project shall provide a minimum of 101 trees.
e. LANDSCAPE & IRRIGATION INSTALLATION – All landscaping and irrigation shall be approved and installed prior to occupancy of the project. (CDD-P)
f. WATER EFFICIENT LANDSCAPE ORDINANCE – The applicant shall submit a landscape documentation package and demonstrate compliance with the California Model Water Efficient Landscape Ordinance, pursuant to WMC Section 6-3.801. (CDD-P, -E)

22.Lighting. Plans submitted for building permit issuance shall show the locations and details of any exterior lighting fixtures. All lighting shall be downward facing and/or shielded and shall not spillover onto adjacent property, public roadways, and/or riparian habitat. (CDD-P)

23.Trash Enclosure. The trash enclosure shall conform with City of Watsonville Public Improvement Standard No. S-602, and is subject to review and approval by the Community Development Department. (CDD-P-E, PW)

24.Street Frontage Improvements. The applicant shall install street improvements (i.e., driveways, sidewalk, curb & gutter) where absent along the project street frontage (e.g., along Santa Clara Street and Kimberly Lane). The applicant shall also replace any and all existing street improvements that do not meet City standards and/or are in need of repair. (CDD-E)

25.Utility Connection. The project shall connect to City utilities. (CDD-E)

26.On/Off Site Permit. Separate On/Off Site Permits are required for work in the public right-of-way and on the project site. The applicant shall obtain an encroachment permit for all off-site work. (CDD-E)

27.Mechanical Equipment Screening. All new mechanical equipment and appurtenances, including gas and water meters, electrical boxes, roof vents, air conditioners, antennas, etc. visible from the public way and from adjacent properties, shall be screened with material compatible with the materials of the building and shall be subject to the approval of the Zoning Administrator. (CDDP)

28.Post Construction Stormwater Ordinance. The project is subject to the WMC Section 6-3.535 (Post Construction Requirements). The applicant shall prepare a stormwater control plan (SWCP) that demonstrates compliance with the ordinance to the satisfaction of the City Engineer, prior to issuance of a building permit. (CDD-E)

29.Address Assignment. Prior to building permit issuance, complete and submit an application for address assignment. (CDD-E)

30.Nesting Bird Avoidance or Conduct Preconstruction Surveys (Mitigation Measure BIO-1). If construction, grading, or other project-related improvements are scheduled during the nesting season of protected raptors and migratory birds, a focused survey for active nests of such birds shall be conducted by a qualified biologist within seven (7) days prior to the beginning of project-related activities. The results of the survey shall be sent to the City of Watsonville prior to the start of project activities. The minimum survey radii surrounding the work area shall be the following: i) 250 feet for passerines; ii) 500 feet for other small raptors such as accipiters; iii) 1,000 feet for larger raptors such as buteos.

Nesting seasons are typically defined as follows: i) March 15 to August 30 for smaller bird species such as passerines; ii) February 15 to August 30 for raptors.

The following measures shall be taken to avoid potential inadvertent destruction

or disturbance of nesting birds on and near the project site as a result of construction-related vegetation removal and site disturbance • To avoid impacts to nesting birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) shall occur outside the avian nesting season (generally prior to February 1 or after August 31). Active nesting is present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest.
• If construction-related activities are scheduled to occur during the nesting season (generally February 1 through August 31), a qualified biologist shall conduct a habitat assessment and preconstruction nesting survey for nesting bird species no more than seven (7) days prior to initiation of work. A qualified wildlife biologist is an individual who possesses, at a minimum, a bachelor’s or advanced degree, from an accredited university, with a major in biology, zoology, wildlife biology, natural resources science, or a closely related scientific discipline, at least two years of field experience in the biology and natural history of local plant, fish, and wildlife resources present at the development site, and knowledge of state and federal laws regarding the protection of sensitive and endangered species. The qualified biologist conducting the surveys shall be familiar with the breeding behaviors and nest structures of birds known to nest in the project site. Surveys shall be conducted at the appropriate times of day during periods of peak activity (i.e., early morning or dusk) and shall be of sufficient duration to observe movement patterns. Surveys shall be conducted within the Project area and 250 feet of the construction limits for nesting non-raptors and 1,000 feet for nesting raptors, as feasible. If the survey area is found to be absent of nesting birds, no further mitigation would be required. However, if project activities are delayed by more than seven (7) days, an additional nesting bird survey shall be performed.
• If pre-construction nesting bird surveys result in the location of active nests, no site disturbance (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within the buffer zone established under BIO-2. Monitoring, by a qualified biologist, shall be required to ensure compliance with the relevant California Fish and Game Code requirements.

Monitoring dates and findings shall be documented. Active nests found inside the limits of the buffer zones or nests within the vicinity of the project site showing signs of distress from Project activity, as determined by the qualified biologist, shall be monitored daily during the duration of the Project for changes in breeding behavior. If changes in behavior are observed (e.g., distress, disruptions), the buffer shall be immediately adjusted by the qualified biologist until no further interruptions to breeding behavior are detected. The nest protection buffers may be reduced if the qualified biologist determines in

compliance with CDFW permit requirements (if any) that construction activities would not be likely to adversely affect the nest. If buffers are reduced, twice weekly monitoring may need to be conducted to confirm that construction activity is not resulting in detectable adverse effects on nesting birds or their young. The qualified biologist may implement an alternative monitoring schedule depending on the construction activity, season, and species potentially subject to impact, subject to compliance with CDFW permits (if any). Construction shall not commence within the prescribed buffer areas until a qualified biologist has determined that the young have fledged or the nest site is otherwise no longer in use. A report of the findings will be prepared by a qualified biologist and submitted to the City prior to the initiation of construction-related activities that have the potential to disturb any active nests during the nesting season.
• City staff will not issue permits for ground disturbing activities until after the site has been surveyed by a qualified biologist to ensure that no active nest disturbance or destruction will occur as a result of the project. If necessary, nest protection buffers will be fenced off and active nest monitoring will be initiated prior to permit issuance. (CDD-P-E, PW)

31.Active Nest Buffer (Mitigation Measure BIO-2). The applicant shall designate active nests as “Ecologically Sensitive Areas” (ESA) and protect the nest (while occupied) during project activities with the establishment of a fence barrier surrounding the nest site.
• Buffer distances for bird nests should be site specific and an appropriate distance, as determined by the qualified biologist. The buffer distances should be specified to protect the bird’s normal behavior to prevent nesting failure or abandonment.
• The qualified biologist shall have authority to order the cessation of all nearby project activities if the nesting birds exhibit abnormal behavior which may cause reproductive failure (nest abandonment and loss of eggs and/or young) until an appropriate buffer is established.
• Typical protective buffers between each identified nest site and construction site are as follows: 1) 300 feet for hawks, owls and eagles; 2) 50 feet for passerines.
• The qualified biologist shall monitor the behavior of the birds (e.g., adults and young, when present) at the nest site to ensure that they are not disturbed by project activities.
• Nest monitoring shall continue during project work until the young have completely left the nest site; as determined by the qualified biologist. • No habitat removal or modification shall occur within the ESA-fenced nest zone until the young have fully fledged and will no longer be adversely affected by the project. (CDD-P-E, PW)

32.California Red-Legged Frog and Western Pond Turtle Avoidance

(MitigationMeasure BIO-3). Implementation of the following mitigation measure would reduce potential impacts to CRLF and WPT to less-than-significant:
• Silt fencing and orange construction fencing shall be erected along the project boundary, running parallel north to south along the perennial stream and around the seep wetland. The northern and southern ends of the silt and orange construction fencing shall extend at least 50 feet beyond the project site boundary to close off the work area. The bottom 4-6 inches of the fencing shall be buried to prevent wildlife from burrowing under the fence, allowing frogs or turtles entry to the work areas.
• Once the fences are erected and within 48 hours of initiating project construction, a qualified wildlife biologist (as defined under Mitigation Measure BIO-1 shall conduct a preconstruction survey of the project site in the vicinity of the fences to ensure that no frogs or turtles are trapped inside the project construction zone. During this preconstruction survey the biologist shall also inspect the fence to make sure it is installed correctly. The project lead (i.e. foreman) should alert the biologist if the exclusion fence is damaged and/or otherwise non-functioning and initiate repairs as soon as possible. In consultation with the qualified biologist, the project lead may also initiate a second survey to relocate any CRLF or WPT within the project fencing to outside the work area.
• Finally, a qualified biologist shall provide project contractors and construction crews with a worker-awareness program and oversee the placement of CRLF or WPT exclusion fencing before any work within aquatic habitats or adjacent upland habitats where CRLF or WPT have potential to occur. This program shall include a description of the species and its habitats, legal status and required protection, and all applicable mitigation measures. (CDD-P-E, PW)

33.Wetland Avoidance and BMP Implementation (Mitigation Measure BIO-4).

Prior to grading, sturdy construction fencing shall be placed along the development boundaries and no construction activities shall be allowed outside of those boundaries. A qualified biologist shall confirm the extent to which jurisdictional wetlands will be impacted by the project. The biologist shall provide a written report, including photos, to the City of Watsonville, and, to the extent required by project permits, to the Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Wildlife no more than 30 days after this visit. (CDD-E, PW)

34.Develop and Implement a Habitat Restoration Plan (Mitigation Measure BIO-5). The applicant shall develop and implement a Habitat Restoration Plan to be submitted and approved by the City of Watsonville prior to the issuance of final grading plans to mitigate for direct impacts to the willow woodland. The plan will address the following:
• In order to mitigate for 0.040 acres removal of willow riparian habitat the Habitat Restoration Plan shall provide a minimum of 0.120 acres (a 3:1 ratio)

of habitat restoration and enhancement the site.
• The plan shall include performance criteria against which to measure the project’s success, a minimum of five years of maintenance and monitoring shall be included in order to demonstrate attainment of the performance criteria, and yearly status reports to be submitted to the City of Watsonville, and, to the extent required by project permits, to the Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Wildlife no later than December 31 of the year that monitoring occurred.

35.Conduct Archaeological Sensitivity Training for Construction Personnel (Mitigation Measure CUL-1). The Applicant shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior’s Professional Qualifications and Standards to conduct an archaeological sensitivity training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. The Applicant and/or qualified professional archaeologist shall propose a date for scheduling the training at the pre-construction meeting with City staff. The Applicant shall notify the City at least 48 hours before holding the training and keep a log of all attendees. The training session shall include a handout and shall focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation, if one is necessary. (CDD-P,-E, PW)

36.Cease Ground‐Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered (Mitigation Measure CUL-2). In the event that archaeological resources are unearthed during ground‐disturbing activities, ground‐disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities will not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Monitored work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. In the event that the newly discovered artifacts are determined to be prehistoric, Native American Tribes/Individuals shall be contacted and consulted, and Native American construction monitoring shall be initiated. The Applicant and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. (CDD-P,-E, PW)