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33. 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)
34. 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. (CDD-P)
35. Nesting Bird Avoidance or Conduct Preconstruction Surveys (Mitigation Measure BIO-1). To avoid impacts to nesting birds and violation of state and federal laws pertaining to birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) should occur outside the avian nesting season (prior to February 1 or after September 15). If construction and construction noise occurs within the avian nesting season (from February 1 to September 15), all suitable habitats located within the project’s area of disturbance including staging and storage areas plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed by more than five days, an additional nesting bird survey shall be performed. Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented and submitted to the City.
If pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of nonraptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist, until the chicks have fledged. Monitoring shall be required to ensure compliance with MBTA and relevant California Fish and Game Code requirements.
Monitoring dates and findings shall be documented and submitted to the City. (CDD-P)
36. Best Management Practices (Mitigation Measure BIO-2). The initiation of grading and any earthmoving activities shall be limited to the dry season between June 15th and October 15th of each year. Project activities will be ceased when the National Weather Service (NWS) 24-hour weather forecast predicts a 40 percent or greater chance of precipitation of at least 0.10-inch of precipitation. The project shall employ Best Management Practices (BMPs) to protect water quality per the National Pollutant Discharge Elimination System (NPDES) permit. A list of example BMPs may include the following:
Store, handle, and dispose of construction materials and wastes properly to prevent their contact with stormwater.
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 24 of 32 Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, wash water or sediment, and non-stormwater discharges to storm drains and water courses. Avoid cleaning, fueling, or maintaining vehicles on-site, except in a designated area in which run-off is contained and treated.
Perform clearing and earth moving activities during dry weather to the maximum extent practical.
Remove spoils promptly and avoid stockpiling of fill materials when rain is forecast. Cover soil stockpiles and other materials with a tarp or other waterproof material during rain events.
Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination and dispersal by wind. In the event of rain, all grading work is to cease immediately.
37. Pre-Activity Focused Survey for Santa Cruz Tarplant (Mitigation Measure BIO-2a). Prior to initial ground disturbance and during the appropriate blooming period (June to October), a focused survey for Santa Cruz tarplant will be conducted by a qualified plant ecologist within suitable habitat in the project footprint and a 50-foot buffer around the project footprint, where feasible. The purpose of the survey will be to assess the presence or absence of Santa Cruz tarplant. If Santa Cruz tarplant is not found in the impact area or the identified buffer, then no further surveys or mitigation will be warranted. If Santa Cruz tarplant is found in the impact area, then Mitigation Measures BIO-1b will be implemented.
The results of the survey will be documented. (CDD-E, PW)
38. Avoidance Buffers (Mitigation Measure BIO-2b). To the extent feasible, and in consultation with a qualified botanist, the project proponent will construct the project to avoid impacts on all populations of special-status plant species within the project site or within the identified buffer of the impact area. Avoided specialstatus plant populations will be protected by establishing and observing the identified buffer between plant populations and the impact area. All such populations located in the impact area or the identified buffer, and their associated designated avoidance areas, will be clearly depicted on any construction plans. In addition, prior to initial ground disturbance or vegetation removal, the limits of the identified buffer around special-status plants to be avoided will be flagged or fenced. The flagging will be maintained intact and in good condition throughout project-related construction activities. If avoidance is not feasible, then CDFW and/or USFWS will be consulted to determine the appropriate mitigation measures, which may include salvage and relocation of individual plants and/or off-site preservation, enhancement, and management of occupied habitat for the species. (CDD-E, PW)
39. 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 DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 25 of 32 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-B-E, PW)
40. Cease Ground‐Disturbing Activities and Implement Treatment Plan if Archaeological Resources are Encountered (Mitigation Measure CUL‐2). In the event archaeological resources are unearthed during ground-disturbing activities, all ground-disturbing activities within 50 feet of the find shall be halted so that the find can be evaluated. Ground-moving activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. 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.
Because it is possible for a lead agency to determine that an artifact is considered significant to a local tribe (and thus be a significant resource under CEQA, even if it would not otherwise be considered significant under CEQA), all Native American artifacts (tribal finds) shall be considered as a significant Tribal Cultural Resource, pursuant to PRC 21074 until the lead agency has enough evidence to make a determination of significance. The 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. If appropriate, the archaeologist may introduce archaeological monitoring on the site. An archaeological report will be written detailing all archaeological finds and submitted to the City and the Northwest Information Center. (CDD-B, PW)
41. Over-Excavate North and Northwestern Soils (Mitigation Measure GEO-1).
Prior to issuance of a grading permit, the applicant, in partnership with a geotechnical engineer, shall implement an over-excavation program to mitigate the possible settlements resulting from dry sand settlement during an earthquake.
Potholing throughout the site should occur under the observation of an engineer technician to explore the presence of undocumented fill onsite and guide recommendations for over‐excavation depths. The over‐excavation and placement of excavated material as engineered fill shall be focused on the northeastern and northwestern portions of the site in locations with high calculated settlements.
Over-excavation depths shall be kept at least two feet above the water table.
Actual depth and limits of over‐excavations shall be determined in the field by a qualified engineering professional. Undocumented fill across the site shall be DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 26 of 32 excavated and placed back as engineered fill if the fill material is deemed to be acceptable by the engineer. (CDD-E)
42. Conduct Paleontological Sensitivity Training for Construction Personnel (Mitigation Measure GEO-2). 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-B-E, PW)
43. Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered (Mitigation Measure GEO-3). 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 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-B, PW)
44. Sight Distances (Mitigation Measure TRANS-1). To achieve a minimum sight distance of 150 feet at each project driveway access point, on-street parking shall be restricted on Nielson Street for 25 feet on either side of the eastern driveway.
Vegetation along the project frontage on Nielson Street shall be trimmed to a height of three feet or less and trees trimmed so that no piece of a tree hangs below a height of seven feet from the surface of the roadway. (PW)
45. 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 signage and other precautions for public safety to be provided during project construction. In particular, the plan shall include a DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 27 of 32 discussion of bicycle and pedestrian safety needs, including ADA accessibility standards, 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. (PW)
Prior to permit issuance, the following conditions shall be addressed:
46. 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)
47. 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:
48. 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)
49. 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)
50. 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 DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 28 of 32 15 and October 15. The applicant shall ensure that all contractors are aware of all erosion control standards and BMPs. (CDD-E, PW)
51. BMPs for Controlling Construction Emissions. The project applicant shall implement the following construction air quality Best Management Practices to limit the potential fugitive dust, construction emissions, and odors generated by the project:
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)
52. Complimentary Dust Control Measures. To minimize dust/grading impacts during construction the applicant shall:
Spray water on all exposed earth surfaces during clearing, grading, earth moving and other site preparation activities throughout the day to minimize dust.
Use tarpaulins or other effective covers on all stockpiled earth material and on all haul trucks to minimize dust.
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. Ensure that construction vehicles are cleaned prior to leaving the construction site to prevent dust and dirt from being tracked off-site. 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)
53. Unanticipated Discovery of Contaminated Soils. In the event that contaminated soils are discovered during the earth-moving activities, all DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 29 of 32 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)
54. 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)
55. FAA Form 7460-2 Filing. The applicant shall file a FAA Form 7460-2, Notice of Actual Construction or Alteration, within five (5) days after the construction of the tallest structure reaches its greatest height. (CDD-P)
Construction notes to be included with the Improvement Plans:
56. 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)
57. 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)
58. 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:
59. Avigation Easement. The applicant shall record an Avigation Easement to convey certain enumerated property rights from the property owner to the Watsonville Municipal Airport. The Aviation Easement shall include provisions concerning the following:
Provide the right of flight in the airspace above the property; Allow the generation of noise and other impacts associated with aircraft overflight;
Restrict the height of structures, trees and other objects in accordance the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Standards for Determining Obstructions to Air Navigation; Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 30 of 32 Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property.
The applicant shall provide documentation of the recorded Avigation Easement to the Community Development Department. (CDD-P)
60. 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)
61. Landscaping Installation. All landscaping and irrigation shall be installed and approved by Community Development Department staff. (CDD-P-E)
62. Trash Removal. All trash and construction debris shall be removed from the site. (CDD-B, PW)
Ongoing Conditions:
63. Post Construction Stormwater Ordinance – Inspection, Maintenance and Annual Reporting. Applicant shall perform inspections, maintenance to the postconstruction stormwater management facilities and report to the City each year on these activities. (CDD-E, PW)
64. 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)
65. Trash Enclosure Maintenance. Trash and recycling enclosure shall be maintained to the satisfaction of Watsonville Municipal Services. (PW)
66. 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)
67. Ongoing Maintenance. Common 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. (CDD-P)
68. Potential Attractive Pest Nuisance Avoidance. To ensure trash enclosures do not attract nuisance pest species, such as Norway rat, raccoon, and opossum, the DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 31 of 32 applicant shall develop a monitoring program to ensure trash areas are routinely cleaned and secured at night. (PW)
Future Sign Permit:
69. 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:
70. 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 Specific Development Plan/Special Use Permit with Design Review and Environmental Review (App. No. 1656), 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)
Key to Department Responsibility
CDD-B – Community Development Department (Building)
CDD-P – Community Development Department (Planning)
CDD-E – Community Development Department (Engineering)
PW – Public Works Department
WFD – Watsonville Fire Department
MBARD – Monterey Bay Air Resources District
CA – City Attorney
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7047d0222697$7CC0265F382942E69BB2BACBBAD86670.docx 32 of 32 CITY OF WATSONVILLE EXHIBIT “C”
PLANNING COMMISSION
Application No: 1656
APN: 015-111-49
Applicant: Ed Boersma, on behalf of Ted Crocker
Hearing Date: December 6, 2022
Applicant: Ed Boersma
Property Owner: Ted Crocker, 9502 Alder Ct. Carmel, CA, 93923 (APN015-111-49) Project: Specific Development Plan and Special Use Permit with Design Review and Environmental Review
Location: 70 Nielson Street, Watsonville, CA 95076
Purpose: Allow the construction of the Crockers Lockers Project A Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) to allow the construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111-49), was recommended for approval by the Planning Commission at a public hearing on December 6, 2022, and was reviewed by the City Council at a public hearing on __________, and was conditionally approved by adoption of Resolution No -23 (CM) together with findings and conditions of approval attached hereto and made a part of this permit.
CITY OF WATSONVILLE
City Council
Suzi Merriam
Community Development Director
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$ec8949dcb27c$8230989170354091847C3ADCCE2A34DC.docx 1 of 13 RESOLUTION NO. 20- 22 (PC)
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WATSONVILLE, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION (APP. NO. 1656) FOR THE CROCKERS LOCKERS PROJECT ON A 4.4± ACRE SITE
LOCATED AT 70 NIELSON STREET, WATSONVILLE, CALIFORNIA
(APN 015-111-49); AND RECOMMENDING THE CITY COUNCIL ADOPT
CONCURRENTLY A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE PROJECT, IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Project: Crockers Lockers Project
APN: 015-111-49
WHEREAS, on May 10, 2021, Ed Boersma, applicant, on behalf of Ted Crocker (APN: 015-111-49), property owner, applied for establishing a Planned Development Overlay District, Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) to allow the construction of 1,072 self-storage units with a manager’s apartment at the subject site; 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 has been prepared for the proposed project (dated April 2022), in accordance with Section 15063 of the CEQA Guidelines. The Initial Study addresses the potential physical environmental effects of the proposed 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, and transportation were found to be potentially significant but mitigable to a less than significant level.
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$ec8949dcb27c$8230989170354091847C3ADCCE2A34DC.docx 2 of 13 Impacts to other resource areas and environmental topics were found to be less than significant without mitigation; and
WHEREAS, on July 13, 2022, 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. 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, the City received two comment letters on the Initial Study and MND during the public review period, which ended on August 13, 2022, and was extended to August 26, 2022, to allow receipt of the letter provided by the California Department of Fish and Wildlife;
WHEREAS, the City completed a Response to Comments, dated October 2022, wherein four (4) additional mitigation measures were incorporated. These additional mitigation measures are included in an Errata to the Initial Study and do not change the Findings of the Initial Study; therefore, the changes did not trigger the need for the Initial Study to be recirculated, pursuant to Section 15073.5 of the CEQA Guidelines; and WHEREAS, notice of time and place of the hearing to consider the requested Planned Development Overlay District, Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) was given at the time and in the manner prescribed by the Zoning Ordinance of the City of Watsonville.
The matter called for hearing evidence both oral and documentary introduced and received, and the matter submitted for decision; and
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$ec8949dcb27c$8230989170354091847C3ADCCE2A34DC.docx 3 of 13 WHEREAS, the Planning Commission has considered all written and verbal evidence regarding this application at the public hearing and has made Findings, attached hereto and marked as Exhibit “A,” in support of the MND (App. No. 1656) to allow construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111-49).
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Watsonville, California, as follows:
The Planning Commission does hereby recommend that the City Council make and adopt the following Findings and Mitigation Monitoring and Reporting Program, attached hereto and marked as Exhibit “A,” in support of the MND for the Crockers Lockers Project located at 70 Nielson Street, Watsonville (APN 015-111-49) 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;
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 DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$ec8949dcb27c$8230989170354091847C3ADCCE2A34DC.docx 4 of 13 supports the conclusions of the Initial Study and the mitigation measures proposed for the MND, as both documents as supported by substantial evidence;
5. There is not substantial evidence in the record that the project, as additionally 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, 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-thansignificant levels.
I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Watsonville, California, held on the 6th day of December, 2022, by Commissioner Dodge, who moved its adoption, which motion being duly seconded by Commissioner Acosta, was upon roll call, carried and the resolution adopted by the following vote:
Ayes: Commissioners: Acosta, Dodge, Kammer, Rojas, Sencion, VeitchOlson Noes: Commissioners:
Absent: Commissioners: Dorantes-Pulido
_________________________________ _______________________________ Suzi Merriam, Secretary Lucy Rojas, Vice-Chair
Planning Commission Planning Commission
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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PLANNING COMMISSION
Application No: 1656
APNs: 015-111-49
Applicant: Ed Boersma, on behalf of Ted Crocker
Hearing Date: December 6, 2022
CEQA FINDINGS AND MITIGATION MEASURES
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 Crockers Lockers Project (or the project). These Findings of Fact pertain to the Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No. 2022070219) 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 Measures 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, in connection with the project, up through the date the City of Watsonville decision makers approved the project planning entitlements.
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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Any documents expressly cited in these Findings of Fact, in addition to those cited above.
III. MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to the CEQA Guidelines, which state:
“When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects” (§15074(d)); and
“The Lead Agency may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” generally consists of a written compliance review that is presented to the decision-making body or authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. “Monitoring” is generally an ongoing or periodic process of project oversight. There is often no clear distinction between monitoring and reporting and the program best suited to ensuring compliance in any given instance will usually involve elements of both.” (§15097 (c)) The City of Watsonville decision makers finds that a MMRP for the project have been prepared and have been adopted concurrently with these Findings of Fact (Public Resources Code, § 21081.6(a)(1)). The MMRP for the project have been prepared in compliance with the requirements of Section 21081.6 of the California Public Resources Code and Section 15074 of the CEQA Guidelines.
The purpose of the MMRP is to ensure that 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 table beginning on the next page list the adopted mitigation measures and their timing (i.e., when the measures will be implemented).
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$ec8949dcb27c$8230989170354091847C3ADCCE2A34DC.docx 7 of 13 Impact Mitigation Measure Implementation and Timing Monitoring Responsibility Biological Resources
Impact BIO-1:
Project construction could
impact nesting birds if
construction takes place
during the nesting season.
Mitigation Measure BIO-1: Nesting Bird Avoidance or Conduct Preconstruction Surveys. To avoid impacts to nesting birds and violation of state and federal laws pertaining to birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) should occur outside the avian nesting season (prior to February 1 or after September 15). If construction and construction noise occurs within the avian nesting season (from February 1 to September 15), all suitable habitats located within the project’s area of disturbance including staging and storage areas plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed by more than five days, an additional nesting bird survey shall be performed. Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented and submitted to the City.
If pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of non-raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist, until the chicks have fledged. Monitoring shall be required to ensure compliance with MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented and submitted to the City.
Implementation:
City of Watsonville or the
applicant shall implement this
measure with a qualified biologist.
Timing:
Prior to construction activities.
Monitoring:
City of Watsonville and a
qualified biologist.
Initials: ________
Date: _________
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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The project could have a
substantial adverse effect
on federally protected
wetlands (including, but not
limited to marsh, vernal
pool, coastal, etc.) through
direct removal, filling,
hydrological interruption, or
other means.
Mitigation Measure BIO-2: Best Management Practices. The initiation of grading and any earthmoving activities shall be limited to the dry season between June 15th and October 15th of each year. Project activities will be ceased when the National Weather Service (NWS) 24-hour weather forecast predicts a 40 percent or greater chance of precipitation of at least 0.10-inch of precipitation. The project shall employ Best Management Practices (BMPs) to protect water quality per the National Pollutant Discharge Elimination System (NPDES) permit. A list of example BMPs may include the following:
• Store, handle, and dispose of construction materials and wastes properly to prevent their contact with stormwater.
• Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, wash water or sediment, and non-stormwater discharges to storm drains and water courses. • Avoid cleaning, fueling, or maintaining vehicles on-site, except in a designated area in which run-off is contained and treated.
• Perform clearing and earth moving activities during dry weather to the maximum extent practical.
• Remove spoils promptly and avoid stockpiling of fill materials when rain is forecast. Cover soil stockpiles and other materials with a tarp or other waterproof material during rain events.
• Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination and dispersal by wind. • In the event of rain, all grading work is to cease immediately.
Implementation:
The applicant shall implement this
measure with a QSP.
Timing:
During construction activities.
Monitoring:
City of Watsonville and
QSP.
Initials: ________
Date: _________
Mitigation Measure BIO-2a: Pre-Activity Focused Survey for Santa Cruz Tarplant. Prior to initial ground disturbance and during the appropriate blooming period (June to October), a focused survey for Santa Cruz tarplant will be conducted by a qualified plant ecologist within suitable habitat in the project footprint and a 50- foot buffer around the project footprint, where feasible. The purpose of the survey will be to assess the presence or absence of Santa Cruz tarplant. If Santa Cruz tarplant is not found in the impact area or the identified buffer, then no further surveys or mitigation will be warranted. If Santa Cruz tarplant is found in the impact area, then Mitigation Measures BIO-1b will be implemented. The results of the survey will be documented.
Implementation:
The applicant shall implement this
measure with a qualified botanist.
Timing:
Prior to construction activities.
Monitoring:
City of Watsonville and a
qualified botanist.
Initials: ________
Date: _________
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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Implementation:
The applicant shall implement this
measure with a qualified botanist.
Timing:
During construction activities.
Monitoring:
City of Watsonville and a
qualified botanist.
Initials: ________
Date: _________
Cultural Resources
Impact CUL-1:
The project could result in
disturbance to known or
unknown existing cultural
resources.
Mitigation Measure 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.
Implementation:
The applicant shall implement this
measure with a qualified
archaeologist.
Timing:
Prior to construction activities.
Monitoring:
City of Watsonville and a
qualified archeologist
Initials: ________
Date: _________
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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The project may unearth
archeological resources.
Mitigation Measure CUL‐2: Cease Ground‐Disturbing Activities and Implement Treatment Plan if Archaeological Resources are Encountered. In the event archaeological resources are unearthed during ground-disturbing activities, all grounddisturbing activities within 50 feet of the find shall be halted so that the find can be evaluated. Ground-moving activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. 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.
Because it is possible for a lead agency to determine that an artifact is considered significant to a local tribe (and thus be a significant resource under CEQA, even if it would not otherwise be considered significant under CEQA), all Native American artifacts (tribal finds) shall be considered as a significant Tribal Cultural Resource, pursuant to PRC 21074 until the lead agency has enough evidence to make a determination of significance. The 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. If appropriate, the archaeologist may introduce archaeological monitoring on the site. An archaeological report will be written detailing all archaeological finds and submitted to the City and the Northwest Information Center.
Implementation:
The City of Watsonville shall
implement this measure.
Timing:
During construction activities.
Monitoring:
City of Watsonville. In the
event archeological
resources are encountered,
an archeologist shall be
contacted to evaluate the
find.
Initials: ________
Date: _________
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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Impact GEO-1: The
project may lead to the
over-excavation of North
and Northwestern soils.
Mitigation Measure GEO-1: Over-Excavate North and Northwestern Soils. Prior to issuance of a grading permit, the applicant, in partnership with a geotechnical engineer, shall implement an over-excavation program to mitigate the possible settlements resulting from dry sand settlement during an earthquake. Potholing throughout the site should occur under the observation of an engineer technician to explore the presence of undocumented fill onsite and guide recommendations for over‐excavation depths. The over‐excavation and placement of excavated material as engineered fill shall be focused on the northeastern and northwestern portions of the site in locations with high calculated settlements. Over-excavation depths shall be kept at least two feet above the water table. Actual depth and limits of over‐excavations shall be determined in the field by a qualified engineering professional. Undocumented fill across the site shall be excavated and placed back as engineered fill if the fill material is deemed to be acceptable by the engineer.
Implementation:
The applicant shall implement this
measure with a qualified
geotechnical engineer.
Timing:
Measures to be implemented
prior to construction.
Monitoring:
City of Watsonville and a
qualified geotechnical
engineer.
Initials: ________
Date: _________
Impact GEO-2:
Construction of the project
could potentially result in
disturbance to unknown
paleontological resources.
Mitigation Measure GEO-2: 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.
Implementation:
The applicant shall implement this
measure with a qualified
paleontologist.
Timing:
Measures to be implemented
prior to construction.
Monitoring:
City of Watsonville and a
qualified paleontologist.
Initials: ________
Date: _________
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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The project has the
potential to unearth
paleontological resources,
including fossils.
Mitigation Measure GEO-3: Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered. 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 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.
Implementation:
The applicant shall implement this
measure with a qualified
paleontologist, in the event
paleontological resources are
encountered.
Timing:
Measures to be implemented
during construction.
Monitoring:
City of Watsonville and a
qualified paleontologist.
Initials: ________
Date: _________
Transportation
Impact TRANS-1: The
proposed development
may inhibit sight distances.
Mitigation Measure TRANS-1: Sight Distances. To achieve a minimum sight distance of 150 feet at each project driveway access point, on-street parking shall be restricted on Nielson Street for 25 feet on either side of the eastern driveway.
Vegetation along the frontage on Nielson Street shall be trimmed to a height of three feet or less and trees trimmed so that no piece of a tree hangs below a height of seven feet from the surface of the roadway.
Implementation:
The City of Watsonville and the
applicant shall implement this
measure.
Timing:
Measures to be implemented
during construction.
Monitoring:
City of Watsonville.
Initials: ________
Date: _________
Impact TRANS-2:
The project may affect
traffic and public safety
during development.
Mitigation Measure 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 signage 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, including ADA accessibility standards, due to project construction and later, project operation. In addition, the plan shall address emergency vehicle access Implementation:
The applicant shall implement this
measure.
Timing:
Measures to be implemented
during construction.
Monitoring:
City of Watsonville.
Initials: ________
Date: _________
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
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Mitigation Measure Land Use and Planning 1: Glare Prevention. All exterior lighting shall be directed such that lights create as little off-site glare and nuisance as is feasible. All exterior lighting fixtures shall be glare-shielded and down-facing. All exterior lighting shall be limited to warm light colors with an output temperature of 2700 kelvin.
Implementation:
The applicant shall implement this
measure.
Timing:
Measures to be implemented
during construction.
Monitoring:
City of Watsonville.
Initials: ________
Date: _________
DocuSign Envelope ID: 239F89D5-0286-408B-B66F-09226D7D2BEF
C:\Program Files\eSCRIBE\TEMP\15291595644\15291595644,,,Resolution - Mitigated Negative Declaration.docx
RESOLUTION NO. ________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, ADOPTING THE MITIGATED NEGATIVE
DECLARATION (APP. NO. 1656) FOR THE CROCKER’S LOCKERS
PROJECT ON A 4.4± ACRE SITE LOCATED AT 70 NIELSON STREET, WATSONVILLE, CALIFORNIA (APN 015-111-49); AND ADOPTING
CONCURRENTLY A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE PROJECT, IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on May 10, 2021, Ed Boersma, applicant, on behalf of Ted Crocker, property owner, applied for a establishing a Planned Development Overlay District, Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) to allow the construction of 1,072 self-storage units with a manager’s apartment at the subject site; and WHEREAS, on November 12, 2021, the application was deemed complete; 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 April 2022), in accordance with Section 15063 of the CEQA Guidelines. The Initial Study addresses the potential physical environmental effects of the proposed 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, and transportation were found to be potentially significant but mitigable to a less than significant level.
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Impacts to other resource areas and environmental topics were found to be less than significant without mitigation; and
WHEREAS, on July 13, 2022, 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. 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, the City received two comment letters on the Initial Study and MND during the public review period, which ended on August 13, 2022, and was extended to August 26, 2022, to allow receipt of the letter provided by the California Department of Fish and Wildlife; and
WHEREAS, the City completed a Response to Comments, dated October 2022, wherein four (4) additional mitigation measures were incorporated. These additional mitigation measures are included in an Errata to the Initial Study and do not change the Findings of the Initial Study; therefore, the changes did not trigger the need for the Initial Study to be recirculated, pursuant to Section 15073.5 of the CEQA Guidelines; and WHEREAS, on December 6, 2022, the Planning Commission of the City of Watsonville conducted a public hearing and adopted Resolution No. 19-22 (PC), recommending that the City Council adopt a Mitigated Negative Declaration for the Crocker’s Lockers Project on a 4.4± acre site located at 70 Nielson Street (APN 015- 111-49); and recommending the City Council adopt concurrently a Mitigation Monitoring and Reporting Program for the Project, in accordance with CEQA; and
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WHEREAS, also on December 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 20-22 (PC), recommending that the City Council approve a Planned Development Overlay District, Specific Development Plan and Special Use Permit, Design Review and Environmental Review (App. No. 1656) to allow construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111-49); and
WHEREAS, notice of time and place of the hearing to consider the adoption of the Mitigated Negative Declaration (App No. 1656) and adopting concurrently a Mitigation Monitoring and Reporting Program for the project 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; and WHEREAS, the City Council has considered all written and verbal evidence regarding this application at the public hearing.
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 concurrently with these Findings a Mitigation Monitoring and Reporting Program, attached hereto and marked as Exhibit “A,” in support of the MND for the Crocker’s Lockers Project to allow construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111-49) 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
C:\Program Files\eSCRIBE\TEMP\15291595644\15291595644,,,Resolution - Mitigated Negative Declaration.docx
environment and to identify and impose appropriate project mitigation measures to avoid such impacts or reduce them to a less-than significant level;
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 City Council 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 biological resources, cultural and tribal resources, geology and soils, 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 lessthan-significant levels. ******************************************
Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
CITY OF WATSONVILLE EXHIBIT A
CITY COUNCIL
Application No: 1656
APN: 015-111-49
Applicant: Ed Boersma, on behalf of Ted Crocker
Hearing Date: January 17, 2023
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 Crocker’s Lockers Project (or the project). These Findings of Fact pertain to the Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No. 2022070219) 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, in connection with the project, up through the date the City of Watsonville decision makers approved the project planning entitlements. Exhibit "A"
Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
• 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
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to the CEQA Guidelines, which state:
When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects. (§15074(d)); and
The Lead Agency may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” generally consists of a written compliance review that is presented to the decision-making body or authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. “Monitoring” is generally an ongoing or periodic process of project oversight. There is often no clear distinction between monitoring and reporting and the program best suited to ensuring compliance in any given instance will usually involve elements of both. (§15097(c)) The City of Watsonville decision makers finds that a 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 15074 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 table beginning on the next page list the adopted mitigation measures and their timing (i.e., when the measures will be implemented.
Exhibit "A"
Crocker’s Lockers Project | Mitigation Monitoring and Reporting Program Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
Mitigation Measure Implementation / Timing
Implemented?
(Date, Signature, Notes)
BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Avoidance or Conduct Preconstruction Surveys. To avoid impacts to nesting birds and violation of state and federal laws pertaining to birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) should occur outside the avian nesting season (prior to February 1 or after September 15). If construction and construction noise occurs within the avian nesting season (from February 1 to September 15), all suitable habitats located within the project’s area of disturbance including staging and storage areas plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed by more than five days, an additional nesting bird survey shall be performed. Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented and submitted to the City.
If pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of non-raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist, until the chicks have fledged. Monitoring shall be required to ensure compliance with MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented and submitted to the City.
Implementation:
City of Watsonville or the applicant shall
implement this measure with a qualified biologist.
Timing:
Prior to removal of trees and initiation of
construction activities.
Monitoring Responsibility:
City of Watsonville (Community Development
Department) and a qualified biologist.
Initials: ________
Date: _________
Mitigation Measure BIO-2: Best Management Practices. The initiation of grading and any earthmoving activities shall be limited to the dry season between June 15th and October 15th of each year. Project activities will be ceased when the National Weather Service (NWS) 24-hour weather forecast predicts a 40 percent or greater chance of precipitation of at least 0.10-inch of precipitation. The project shall employ Best Management Practices (BMPs) to protect water quality per the National Pollutant Discharge Elimination System (NPDES) permit. A list of example BMPs may include the following:
Implementation:
The applicant shall implement this measure with
a QSP.
Timing:
During construction activities.
Monitoring Responsibility:
City of Watsonville (Public Works Inspector) and
QSP.
Initials: ________
Date: _________
Exhibit "A"
Crocker’s Lockers Project | Mitigation Monitoring and Reporting Program Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
Mitigation Measure Implementation / Timing
Implemented?
(Date, Signature, Notes)
• Store, handle, and dispose of construction materials and wastes properly to prevent their contact with stormwater.
• Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, wash water or sediment, and non-stormwater discharges to storm drains and water courses. • Avoid cleaning, fueling, or maintaining vehicles on-site, except in a designated area in which run-off is contained and treated.
• Perform clearing and earth moving activities during dry weather to the maximum extent practical.
• Remove spoils promptly and avoid stockpiling of fill materials when rain is forecast. Cover soil stockpiles and other materials with a tarp or other waterproof material during rain events.
• Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination and dispersal by wind. • In the event of rain, all grading work is to cease immediately.
Mitigation Measure BIO-2a: Pre-Activity Focused Survey for Santa Cruz Tarplant. Prior to initial ground disturbance and during the appropriate blooming period (June to October), a focused survey for Santa Cruz tarplant will be conducted by a qualified plant ecologist within suitable habitat in the project footprint and a 50- foot buffer around the project footprint, where feasible. The purpose of the survey will be to assess the presence or absence of Santa Cruz tarplant. If Santa Cruz tarplant is not found in the impact area or the identified buffer, then no further surveys or mitigation will be warranted. If Santa Cruz tarplant is found in the impact area, then Mitigation Measures BIO-1b will be implemented. The results of the survey will be documented.
Implementation:
The applicant shall implement this measure with
a qualified botanist.
Timing:
Prior to construction activities
Monitoring Responsibility:
City of Watsonville (Planning and Engineering
staff) and a qualified botanist.
Initials: ________
Date: _________
Mitigation Measure BIO-2b: Avoidance Buffers. To the extent feasible, and in consultation with a qualified botanist, the project proponent will construct the project to avoid impacts on all populations of special-status plant species within the project site or within the identified buffer of the impact area. Avoided special-status plant populations will be protected by establishing and observing the identified buffer between plant populations and the impact area. All such populations located in the impact area or the identified buffer, and their associated designated avoidance Implementation:
The applicant shall implement this measure with
a qualified botanist.
Timing:
Prior to construction activities
Monitoring Responsibility:
City of Watsonville (Public Works Inspector) and
a qualified botanist.
Initials: ________
Date: _________
Exhibit "A"
Crocker’s Lockers Project | Mitigation Monitoring and Reporting Program Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
Mitigation Measure Implementation / Timing
Implemented?
(Date, Signature, Notes)
areas, will be clearly depicted on any construction plans. In addition, prior to initial ground disturbance or vegetation removal, the limits of the identified buffer around special-status plants to be avoided will be flagged or fenced. The flagging will be maintained intact and in good condition throughout project-related construction activities. If avoidance is not feasible, then CDFW and/or USFWS will be consulted to determine the appropriate mitigation measures, which may include salvage and relocation of individual plants and/or off-site preservation, enhancement, and management of occupied habitat for the species.
CULTURAL RESOURCES
Mitigation Measure 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 preconstruction 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.
Implementation:
The applicant shall implement this measure with
a qualified archaeologist.
Timing:
Prior to initiation of grading or construction
activities
Monitoring Responsibility:
City of Watsonville (Public Works and Building
Inspectors) and a qualified archeologist.
Exhibit "A"
Crocker’s Lockers Project | Mitigation Monitoring and Reporting Program Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
Mitigation Measure Implementation / Timing
Implemented?
(Date, Signature, Notes)
Mitigation Measure CUL‐2: Cease Ground‐Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered. In the event archaeological resources are unearthed during ground-disturbing activities, all ground-disturbing activities within 50 feet of the find shall be halted so that the find can be evaluated. Ground-moving activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. 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.
Because it is possible for a lead agency to determine that an artifact is considered significant to a local tribe (and thus be a significant resource under CEQA, even if it would not otherwise be considered significant under CEQA), all Native American artifacts (tribal finds) shall be considered as a significant Tribal Cultural Resource, pursuant to PRC 21074 until the lead agency has enough evidence to make a determination of significance. The 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. If appropriate, the archaeologist may introduce archaeological monitoring on the site.
An archaeological report will be written detailing all archaeological finds and submitted to the City and the Northwest Information Center.
Implementation:
The City of Watsonville shall implement this
measure.
Timing:
During construction activities.
Monitoring Responsibility:
City of Watsonville (Public Works Inspector). In
the event archeological resources are
encountered, an archeologist shall be contacted
to evaluate the find.
Initials: ________
Date: _________
TRIBAL CULTURAL RESOURCES
Application of Mitigation Measures CUL-1 through CUL-2
GEOLOGY & SOILS
Exhibit "A"
Crocker’s Lockers Project | Mitigation Monitoring and Reporting Program Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
Mitigation Measure Implementation / Timing
Implemented?
(Date, Signature, Notes)
Mitigation Measure GEO-1: Over-Excavate North and Northwestern Soils.
Prior to issuance of a grading permit, the applicant, in partnership with a geotechnical engineer, shall implement an over-excavation program to mitigate the possible settlements resulting from dry sand settlement during an earthquake.
Potholing throughout the site should occur under the observation of an engineer technician to explore the presence of undocumented fill onsite and guide recommendations for over‐excavation depths. The over‐excavation and placement of excavated material as engineered fill shall be focused on the northeastern and northwestern portions of the site in locations with high calculated settlements. Overexcavation depths shall be kept at least two feet above the water table. Actual depth and limits of over‐excavations shall be determined in the field by a qualified engineering professional. Undocumented fill across the site shall be excavated and placed back as engineered fill if the fill material is deemed to be acceptable by the engineer.
Implementation:
The applicant shall implement this measure with
a qualified geotechnical engineer.
Timing:
Measures to be implemented prior to
construction.
Monitoring Responsibility:
City of Watsonville (Engineering staff) and a
qualified geotechnical engineer.
Initials: ________
Date: _________
Mitigation Measure GEO-2: 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.
Implementation:
The applicant shall implement this measure with
a qualified paleontologist.
Timing:
Measures to be implemented prior to
construction.
Monitoring Responsibility:
City of Watsonville (Public Works and Building
Inspectors) and a qualified paleontologist.
Initials: ________
Date: _________
Exhibit "A"
Crocker’s Lockers Project | Mitigation Monitoring and Reporting Program Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
Mitigation Measure Implementation / Timing
Implemented?
(Date, Signature, Notes)
GEO-3: Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered. 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 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.
Implementation:
The applicant shall implement this measure with
a qualified paleontologist, in the event
paleontological resources are encountered.
Timing:
Measures to be implemented during
construction.
Monitoring Responsibility:
City of Watsonville (Public Works and Building
Inspectors) and a qualified paleontologist.
Initials: ________
Date: _________
TRANSPORTATION
Mitigation Measure TRANS-1: Sight Distances. To achieve a minimum sight distance of 150 feet at each project driveway access point, on-street parking shall be restricted on Nielson Street for 25 feet on either side of the eastern driveway.
Vegetation along the frontage on Nielson Street shall be trimmed to a height of three feet or less and trees trimmed so that no piece of a tree hangs below a height of seven feet from the surface of the roadway.
Implementation:
The City of Watsonville and the applicant shall
implement this measure.
Timing:
Measures to be implemented during
construction.
Monitoring Responsibility:
City of Watsonville (Public Works and
Engineering staff).
Initials: ________
Date: _________
Mitigation Measure 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 signage 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, including ADA accessibility standards, 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 Implementation:
The applicant shall implement this measure.
Timing:
Measures to be implemented during
construction.
Monitoring Responsibility:
City of Watsonville (Public Works and
Engineering staff).
Initials: ________
Date: _________
Exhibit "A"
Crocker’s Lockers Project | Mitigation Monitoring and Reporting Program Q:\COUNCIL\2023\011722\Resolution - MND Exhibit A.docx
Mitigation Measure Implementation / Timing
Implemented?
(Date, Signature, Notes)
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.
Mitigation Measure Land Use and Planning 1: Glare Prevention. All exterior lighting shall be directed such that lights create as little off-site glare and nuisance as is feasible. All exterior lighting fixtures shall be glare-shielded and down-facing.
All exterior lighting shall be limited to warm light colors with an output temperature of 2700 kelvin.
Implementation:
The applicant shall implement this measure.
Timing:
Measures to be implemented during
construction.
Monitoring Responsibility:
City of Watsonville (Building and Planning staff).
Initials: ________
Date: _________
Exhibit "A"
C:\Program Files\eSCRIBE\TEMP\19575836134\19575836134,,,Ordinance - Planned Development Overlay District .docx 1 of 3
ORDINANCE NO. Introduction (CM)
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WATSONVILLE APPROVING REZONING TO ESTABLISH A
PLANNED DEVELOPMENT OVERLAY DISTRICT FOR SANTA CRUZ
COUNTY ASSESSOR’S PARCEL NUMBER 015-111-49 LOCATED AT
70 NIELSON STREET, WATSONVILLE, CALIFORNIA, FROM IP
(INDUSTRIAL PARK) TO IP/PD (INDUSTRIAL PARK/PLANNED
DEVELOPMENT) FOR APPLICATION NO. 1656 FOR THE
CONSTRUCTION OF 1,072 SELF-STORAGE UNITS WITH A
MANAGER’S APARTMENT AND DIRECTING CHANGES TO 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 May 10, 2021, Ed Boersma, applicant, on behalf of Ted Crocker (APN: 015-111-49), property owner, applied for establishing a Planned Development Overlay District, Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) to allow the construction of 1,072 self-storage units with a manager’s apartment at the subject site; and WHEREAS, the establishment of a Planned Development Overlay District would combine with the project site’s underlining zoning as Industrial Park / Planned Development Overlay (IP/PD) to allow for a reduction in the required number of parking stalls; and
WHEREAS, on November 12, 2021, the application was deemed complete; and WHEREAS, on December 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 20-22 (PC), recommending that the City Council approve a Planned Development Overlay District, Specific Development Plan and Special Use Permit, Design Review and Environmental Review (App. No. 1656) to allow construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111-49); and
C:\Program Files\eSCRIBE\TEMP\19575836134\19575836134,,,Ordinance - Planned Development Overlay District .docx 2 of 3 WHEREAS, also on December 6, 2022, the Planning Commission of the City of Watsonville conducted a public hearing and adopted Resolution No. 19-22 (PC), recommending that the City Council adopt a Mitigated Negative Declaration for the Crocker’s Lockers Project on a 4.4± acre site located at 70 Nielson Street (APN 015- 111-49); and recommending the City Council adopt concurrently a Mitigation Monitoring and Reporting Program for the Project, in accordance with CEQA; and WHEREAS, notice of time and place of the hearing to consider the requested Planned Development Overlay District, Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) 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. The matter called for hearing evidence both oral and documentary introduced and received, and the matter submitted for decision; and
WHEREAS, on January 17, 2023, the City Council held a duly noticed public hearing on the Initial Study prepared for the project, and adopted the Mitigated Negative Declaration, made certain findings, and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA by adoption of Resolution No. ______ (CM); and WHEREAS, the City Council has considered all written and verbal evidence regarding this application at the public hearing and has made Findings, attached hereto and marked as Exhibit “A,” in support of the establishment of a Planned Development Overlay District (App. No. 1656) to allow the construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111- 49).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
C:\Program Files\eSCRIBE\TEMP\19575836134\19575836134,,,Ordinance - Planned Development Overlay District .docx 3 of 3 SECTION 1: REZONING.
1. That the City Council of the City of Watsonville does hereby adopt a Zoning Map Amendment, changing the zoning from Industrial Park (IP) to Industrial Park with a Planned Development Overlay District (IP/PD) for Santa Cruz County Assessor’s Parcel Number 015-111-49 and has made Findings, attached hereto and marked as Exhibit “A”, for the property located at 70 Nielson Street, Watsonville, California to allow construction of the Project.
2. That the City Clerk of the City of Watsonville is hereby authorized and directed to make the changes shown upon the official “Zoning Map of the City of Watsonville” a portion of which is marked as Exhibit “B,” a copy of which is attached hereto, and to designate the effective date and number of the ordinance authorizing the change.
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.
Q:\COUNCIL\2023\011722\Ordinance - Planned Development Overlay District Exhibit A Findings .docx 1 of 5
CITY OF WATSONVILLE EXHIBIT A
CITY COUNCIL
Application No: 1656
APNs: 015-111-49
Applicant: Ed Boersma, on behalf of Ted Crocker
Hearing Date: January 17, 2022
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 Industrial Park (IP) Zoning District as IP/PD to modify the parking requirement for a mini-warehouse type use to allow construction of six buildings with a total of 1,072 self-storage units and one two-story manager’s office with an apartment above on the project site and provide 22 onsite parking spaces instead of 152 parking spaces per WMC Section 14-17.401(b) for DLU 114.
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 project site is designated Industrial on the General Plan Land Use Diagram and is within the Industrial Park (IP) Zoning District. The intent of this land use designation is to serve the industrial needs of the community and the purpose of the IP Zoning District is to provide a separate and exclusive district for light, nonnuisance industry, business, service, and research work; to promote an industrial business, service, and research area which is not dependent on rail transport and not requiring outdoor storage; to foster and encourage the development of specialized manufacturing, business, service, and research institutions; to promote and protect design and landscape qualities in the district; to minimize traffic congestion through the provision of adequate off-street parking and loading; and to protect the district and surrounding area and any adjacent residential or commercial property from noise, illumination, glare, and unsightliness, including outdoor storage, odors, dust, dirt, litter, smoke, fumes, vibration, heat, fire, and other hazards. WMC § 14-16.500. General categories of allowed uses include wholesale sales, heavy commercial, construction and trade shops, general manufacturing, food processing, and related services, businesses and uses. A mini-warehouse or self-storage facility is allowed conditionally with issuance of a Special Use Permit.
The project involves new construction of a self-storage facility with 1,072 storage units in 149,796± square feet of building area, within six (6) detached structures.
One 2-story manager's building would contain an office on the ground floor and apartment above. The project requires review and approval of a PD Overlay District to allow for parking stall reductions to 22 onsite parking spaces.
Q:\COUNCIL\2023\011722\Ordinance - Planned Development Overlay District Exhibit A Findings .docx 2 of 5
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.
Approval of the proposed PD Overlay District is required to reduce the minimum number of onsite parking spaces for this project (i.e., from 152 to 22 spaces). The project would replace and relocate an existing driveway, and new onsite circulation would consist of drive aisles ranging in width from 25 to 32 feet to provide access to the storage units and 22 parking spaces, located throughout the site and along the drive aisles. One disabled parking space would be provided in front of the office and another parking space would be provided within the garage of the manager’s building for the onsite manager. The proposed onsite parking reduction is based on the estimated daily average and peak hour trips and short duration of miniwarehouse visits. Project operation is estimated to generate an average of 227 daily vehicle trips, including 15 AM peak hour trips and 24 PM peak hour trips during the weekday commuter periods. The average stay is 20 minute or less.
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
The site is nearby to the Watsonville Municipal Airport and is within three Airport Safety Zones: the Inner Approach/Departure (Zone 2), Sideline (Zone 5), and Traffic Pattern (Zone 6), as defined in the California Airport Land Use Planning Handbook. Each safety zone specifies average- and single-acre intensity limitations which cannot be exceeded.
The lower limit for the average number of people allowed in the Handbook for Zones 2, 5, and 6 are 40, 70, and 200 people per acre, respectively. The project would result in up to 10 people per acre across the site and, therefore, the project would not exceed the maximum allowable average-acre intensity limitations in the Handbook.
The lower limit in the Handbook for single-acre limitations for Zones 2, 5, and 6 are 80, 210, and 800 people per acre, respectively. The project proposes up to 76 people per acre and, therefore, the project would not exceed the maximum allowable single-acre intensity limitations in the Handbook.
Variations from the conventional development standards of the existing IP District are justified as the project is designed to meet the development criteria of the
Q:\COUNCIL\2023\011722\Ordinance - Planned Development Overlay District Exhibit A Findings .docx 3 of 5
Handbook in a manner which offers a service that would enhance the safety of people living or working near the Airport, by substantially reducing the number of people onsite and provides a land use that would be permitted by the underlying district regulations. The strict application of the minimum parking requirement for a mini-warehouse type use would result in an oversupply of parking and limit the number of storage units that could be provided onsite. The minimal number of required onsite parking spaces would be excessive, due to the substantially reduced amount of activity associated with a mini-warehouse facility.
4. The General Development Plan can be coordinated with existing and proposed development of surrounding areas.
Supportive Evidence
The site is located within an industrial area, bordered on the north and east by industrial properties (zoned IP: Industrial Park), and by the Watsonville Community Hospital (zoned N: Institutional) to the south. Across Airport Boulevard is the Watsonville Municipal Airport (zoned PF: Public Facilities). The subject property contains a parking lot and surrounding properties are developed predominantly with industrial-type uses; a mini-warehouse facility is a compatible use with the existing industrial development and hospital to the south.
The redevelopment of the site would not affect surrounding properties. The project would be constructed in one phase and take approximately 300 calendar business days. The proposed project would not generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project site.
The project would also not cause new stormwater runoff issues for the surrounding area. Standard permit conditions under the NPDES/Construction General Permit require that the applicant utilize various measures including onsite sediment control best management practices, damp street sweeping, temporary cover of disturbed land surfaces to control erosion during construction, and utilization of stabilized construction entrances and/or wash racks, among other methods.
Furthermore, the existing road network can serve the site and surrounding area.
Existing sidewalks are present on both sides of Airport Boulevard, Nielson Street, and Hangar Way, linking the project site to the surrounding pedestrian network and providing pedestrian access between the project site and the surrounding residential and commercial uses.
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
Pursuant to the IS/MND, the project would not require or result in the construction of new or expanded public utilities and service facilities. Infrastructure improvements would occur to connect project components to existing public and private utilities infrastructure. City standards include undergrounding all new connections to overhead facilities, including electric, telephone, and television
Q:\COUNCIL\2023\011722\Ordinance - Planned Development Overlay District Exhibit A Findings .docx 4 of 5
lines. Construction would comply with City standards, and the impact would be less than significant. Therefore, the proposed project would be sufficient for the population the use will serve and land use proposed.
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 project would be constructed in one phase and take approximately 300 calendar business days to complete. As previously stated, a mini-warehouse is considered compatible with surrounding development and project construction would not negatively affect nearby industrial uses and the hospital.
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
Pursuant to the IS/MND, the project would generate traffic that is consistent with existing traffic from land uses in the area, which are industrial, commercial, and residential and the project would not result in incompatible uses as it relates to transportation and traffic. The proposed project would not generate traffic in an amount that would overload the street network outside the development.
Transportation-related impacts related to minimum sight distances and construction activities were found to be less than significant with mitigation measures incorporated.
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
Section 6.15 of the IS/MND assesses the potential impacts to public services and utilities from the proposed project and no significant impacts were identified. The project is subject to development impact fees and property taxes to offset project related impacts to public services and utility systems such as fire protection
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services, traffic control and roadways, storm drain facilities, water and wastewater facilities, and other public facilities and equipment. The impacts would be less than significant.
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 the proposed project (DLU 114) is one parking space for each 10 storage cubicles distributed throughout the facility, two spaces for the manager’s quarters, and one space for every 25 storage cubicles near the manager’s office for prospective renters, pursuant to WMC Section 14-
17.401(b). Based on the proposed number of storage units (1,072), the proposed project would have to provide 152 parking spaces to meet the City’s minimum parking standard for this type of use.
The project proposes 22 onsite parking stalls located primarily along drive aisles.
One parking space would be provided in the garage floor of the manager’s building.
The project includes a Planned Development application to modify the City’s parking standard. The applicant provided examples of other comparable selfstorage facilities with reduced parking to demonstrate that 152 spaces would not be needed for this location. In addition, the Transportation Study for the project (W-Trans, 2021) indicates that the proposed project is not expected to general a large number of trips. Given the temporary nature of mini-warehouse visits, the 22 proposed onsite parking stalls are expected to be sufficient to accommodate the estimated number of trips to the site.
11. The General Development Plan will not have a detrimental and unmitigatable financial impact on the City.
Supportive Evidence
The project would offer a service that would enhance the area and provide a land use that would be permitted by the underlying district regulations. Mentioned previously, the project is subject to development impact fees and property taxes to offset project related impacts to public services and utility systems.
EXHIBIT B
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RESOLUTION NO. _______ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A SPECIFIC DEVELOPMENT PLAN AND
SPECIAL USE PERMIT WITH DESIGN REVIEW WITH
ENVIRONMENTAL REVIEW (APP. NO. 1656) TO ALLOW THE
CONSTRUCTION OF THE CROCKER’S LOCKERS PROJECT OF 1,072
SELF-STORAGE UNITS WITH A MANGER’S APARTMENT ON A 4.4±
ACRE SITE LOCATED AT 70 NIELSON STREET, WATSONVILLE,
CALIFORNIA (APN 015-111-49)
WHEREAS, on May 10, 2021, Ed Boersma, applicant, on behalf of Ted Crocker, property owner, applied for a establishing a Planned Development Overlay District, Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) to allow the construction of 1,072 self-storage units with a manager’s apartment at the subject site; and WHEREAS, the project site is designated Industrial on the General Plan Land Use Diagram and is within the Industrial Park (IP) Zoning District; and WHEREAS, pursuant to Sections 14-16.503 of the Watsonville Municipal Code (WMC), mini-warehouse (DLU 114) facilities are allowed conditionally in the IP Zoning District with issuance of a Special Use Permit; and
WHEREAS, pursuant to WMC Section 14-12.400, development subject to Design Review include all new construction, exterior remodeling, additions, or changes in use requiring additional parking, which involves structures used for multi-family residential, commercial, industrial or public purpose; and WHEREAS, the applicant is requesting the establishment of a Planned Development (PD) Overlay District to allow for a reduction in the required number of parking stalls. The project proposes 22 total parking stalls, a significant decrease from the 152 total parking stalls required for mini-warehouse use (DLU 114) on the site per
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WMC § 14-17.401(b). With the establishment of a PD Overlay District, the site’s zoning designation would change from IP to IP/PD; and
WHEREAS, the project is located within Airport Safety Zones 2, 5, and 6; and WHEREAS, on June 8, 2021, the project was referred to the Watsonville Airport Advisory Committee; and
WHEREAS, on November 12, 2021, the application was deemed complete; 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/Mitigated Negative Declaration has been prepared for the project, in accordance with the provisions of CEQA; and WHEREAS, on December 6, 2022, the Planning Commission of the City of Watsonville conducted a public hearing and adopted Resolution No. 19-22 (PC), recommending that the City Council adopt a Mitigated Negative Declaration for the Crocker’s Lockers Project on a 4.4± acre site located at 70 Nielson Street (APN 015- 111-49); and recommending the City Council adopt concurrently a Mitigation Monitoring and Reporting Program for the Project, in accordance with CEQA; and WHEREAS, also on December 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 20-22 (PC), recommending that the City Council approve a Planned Development Overlay District, Specific Development Plan and Special Use Permit, Design Review and Environmental Review (App. No. 1656) to allow construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111-49); and
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WHEREAS, on January 17, 2023, the City Council held a duly noticed public hearing on the Initial Study prepared for the project, and adopted the Mitigated Negative Declaration, made certain findings, and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA by adoption of Resolution No. ______ (CM); and WHEREAS, notice of time and place of the hearing to consider the requested Planned Development Overlay District, Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) was given at the time and in the manner prescribed by Section 14-10.900 of the Zoning Ordinance 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:
Good cause appearing, therefore, and upon the Findings, attached hereto and incorporated herein as Exhibit “A”, the City Council of the City of Watsonville does hereby grant approval of the Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656), attached hereto and marked as Exhibit “C,” subject to the Conditions attached hereto and marked as Exhibit “B,” to allow construction of 1,072 self-storage units with a manager’s apartment on a
4.4± acre site located at 70 Nielson Street (APN 015-111-49). **********************************************
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CITY OF WATSONVILLE EXHIBIT A
CITY COUNCIL
Application No: 1656
APNs: 015-111-49
Applicant: Ed Boersma, on behalf of Ted Crocker
Hearing Date: January 17, 2022
SPECIAL USE PERMIT FINDINGS (WMC § 14-12.513)
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. 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 with the surrounding area.
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 project site is designated Industrial on the General Plan Land Use Diagram and is within the IP Zoning District. The intent of this land use designation is to serve the industrial needs of the community and the purpose of the IP Zoning District is to provide a separate and exclusive district for light, non-nuisance industry, business, service, and research work; to promote an industrial business, service, and research area which is not dependent on rail transport and not requiring outdoor storage; to foster and encourage the development of specialized manufacturing, business, service, and research institutions; to promote and protect design and landscape qualities in the district; to minimize traffic congestion through the provision of adequate off-street parking and loading; and to protect the district and surrounding area and any adjacent residential or commercial property from noise, illumination, glare, and unsightliness, including outdoor storage, odors, dust, dirt, litter, smoke, fumes, vibration, heat, fire, and other hazards. WMC § 14-
16.500. General categories of allowed uses include wholesale sales, heavy commercial, construction and trade shops, general manufacturing, food processing, and related services, businesses and uses. A mini-warehouse or selfstorage facility is allowed conditionally with issuance of a Special Use Permit.
The proposed project is consistent with the following General Plan goals, policies, and implementation measures concerning land use compatibility, design, site improvement, and airport compatibility and public safety:
• Policy 4.I: Land Use Regulation – The City shall regulate future urban development to be consistent with the goals of this General Plan.
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• Implementation Measures 4.I.4: Environmental Review – The City shall use the environmental review process to ensure that project mitigations sustain and implement the policies of this General Plan, reduce environmental impacts to acceptable levels, and make adequate provisions for public safety. • Goal 5.1: Visual Resources – Preserve and enhance the built and natural visual resources within Watsonville.
• Goal 5.2: Community Appearance – Blend new development with 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.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 10.6: Aviation Facilities – Maintain, protect, and improve the facilities and services of the Watsonville Municipal Airport as part of the regional transportation network.
• Policy 10.Q: Aviation Facilities – As the only general aviation airport in Santa Cruz County, the Watsonville Airport shall be protected from adjacent development which is incompatible with existing and future services as outlined in the Airport master Plan and Regional Airport System Plan. • Implementation Measure 10.Q.3: State Guidelines – The City shall use the State’s guidelines to review and manage development within the airport’s area of influence.
• Goal 12.1: Land Use Safety – Plan for and regulate the uses of land in order to provide a pattern of urban development that will minimize exposure to hazards from either natural or human-related causes.
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• Policy 12.A: Environmental and Public Safety – The City shall plan for and maintain development standards that minimize risk to human lives and property resulting from environmental and man-cause hazards. The City shall protect neighboring residential development from the immediate threats of potentially hazardous industrial or agricultural materials and airport hazards through careful land use planning.
• Implementation Measure 12.A.1: Airport Compatibility – The City shall use its development review process to ensure that proposals within the Airport Operations Impact Area are carefully analyzed to prevent and minimize potential hazards. Projects shall be consistent with the city and state’s guidelines for buildings and land uses compatible with airports. • Policy 12.M: Noise – The City shall utilize land use regulations and enforcement to ensure that noise levels in developed areas are kept at acceptable levels, and that future noise-sensitive land uses are protected from noise that is harmful.
• Implementation Measure 12.M.1: Traffic Noise – The City shall enforce provisions of the California Vehicle Code and local ordinances to reduce vehicular noise intrusion in residential areas and near other noise sensitive land uses such as schools and hospitals.
The project would provide a mini-storage facility on land designated for light industrial use. A mini-warehouse facility is a compatible use with the surrounding low-intensity, light manufacturing buildings and hospital. The project will consist of seven, one-and-two story buildings totaling 149,796 square feet of floor area.
These buildings range from 10'-2¼" to 23'-0" feet in height, and similar in height and scale to adjacent structures which generally consist of two-story buildings on 20,000 to 35,000 square-foot lots. The proposed manager’s unit would be 29' tall.
The buildings would have a simple contemporary design and provide new vegetative screening along Neilson Street and Airport Boulevard. As further discussed under Access and Traffic Safety, the proposed project would not generate traffic in such an amount that would overload the street network outside the development.
The project is not consistent with all objectives in the General Plan, especially those concerning job creation and maximizing the economic opportunities for a site. In particular, the project is not consistent with General Plan Goal 4.4 since the project would provide only one job and not help the City achieve economic diversity and a better jobs/housing balance. While not consistent with this goal, the development potential for the project site is limited by its proximity to the Airport.
The Caltrans Division of Aeronautics Handbook establishes criteria for appropriate height, use, noise, safety, density, and intensity for Airport Safety Zones to ensure future development is compatible with airports. The project would meet all established criteria set forth in the Handbook and would comply with the maximum on-site occupancy to a higher degree than required by the Handbook. Additionally,
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the project is consistent with all development regulations in the IP Zoning District except for parking, and the applicant has requested a reduction through its application for a PD Overlay District.
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 land use compatibility, design, site improvement, and airport compatibility and public safety.
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 an infill industrial use within an existing urbanized area consisting predominantly of industrial development.
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 Transportation Study.
Transportation-related impacts related to sight distances and construction activities were found to be less than significant with mitigation incorporated.
The proposed lighting provides adequate light to illuminate the site, consistent with light levels in a parking lot and for site circulation. A condition of approval requires all exterior lighting fixtures to be shielded or downcast. A photometric analysis demonstrates that little to no light would spill over onto adjoining properties and roadways. Any potential spillover would be further obscured from view by buildings, landscape plantings and fencing. Therefore, the project is not anticipated to create a glare nuisance.
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.
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 Transportation Study. Transportation-related impacts related to sight distances and construction activities were found to be less than significant with mitigation incorporated.
4. The proposed use incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert
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traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets.
Supportive Evidence
City and State regulations are in place to regulate sight distance and site obstructions to address safe ingress/egress on the site. Based on criteria published by Caltrans, on-street parking will be restricted on Nielson Street for 25 feet on either side of the eastern driveway to achieve a minimum sight distance of 150 feet at each driveway access point.
The City also requires that “clear corner triangle” regulations be maintained in that no obstruction between two feet and eight feet above grade shall be placed on any corner lot in any zoning district in which a minimum front yard is established, per WMC Section 14-40.060. As shown on the proposed Site Plan, the proposed 6'-9" monument sign in the southwest portion of the site near Airport Boulevard and Nielson Street is located outside the “clear corner triangle” area, in compliance with City regulations.
In addition to sight distance and sight vision compliance, the project will have access to existing pedestrian facilities. Sidewalks exist on both sides of Airport Boulevard, Nielson Street, and Hangar Way, effectively linking the project site to the surrounding pedestrian network. Signalized crosswalks are present on the north and east legs of the Airport Boulevard/Nielson Way intersection. Overhead streetlights exist along Airport Boulevard, Nielson Street, and Hangar Way.
Overall, the existing facilities provide adequate pedestrian access and connections between the project site and surrounding industrial development, the hospital, and residential neighborhoods within walking distance. 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 site is not located under the recommended flight paths as shown on the Watsonville Municipal Airport Noise Abatement Map. Based on the Aircraft Noise Monitoring Report prepared by WJV Acoustics in 2018, the project site is located outside of the airport’s 65 dB CNEL noise exposure contour under both existing (2016) and future (2036) conditions. The western portion of the site, which is approximately 500 feet southwest of the Runway 2 centerline, may be exposed to airport noise levels of 60 dB CNEL under existing and future conditions; however, the majority of the site would be exposed to noise levels less than 60 dB CNEL (WJV Acoustics, 2018). The onsite manager’s residence would be located in the eastern part of the site, outside of the 60 dB CNEL noise exposure contour mapped for the Airport. According to the WJV Acoustics report, “The State of California and the FAA consider areas outside the CNEL 65 dB contour to have an
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acceptable aircraft noise exposure under normal conditions for noise compatibility planning purposes.”
Ambient noise monitoring conducted at the site indicates that individual aircraft approaches and departures at Runway 2 may generate noise levels up to 85 dBA Lmax. Such single noise level events are short in duration and do not approach noise levels that would be considered excessive on a short-term basis. While maximum noise levels recorded at the site were associated with aircraft operations, traffic on Airport Boulevard and, to a lesser degree, Nielson Street are the primary contributors to measured ambient noise levels of 68.3 dBA Leq near Airport Boulevard and 60.7 dBA Leq near Nielson Street. The lowest measured noise level at the site (47.7 dBA Lmin) is representative of quiet conditions when there is no nearby traffic or aircraft approaching the Airport.
The Public Safety Element in the General Plan identifies the City’s noise compatibility guidelines for different land uses. According to Figure 12-6 of the General Plan, the normally acceptable noise limit for industrial land uses is 80 dB CNEL. A lower limit of 65 dB CNEL is for multi-family residential development, such as the manager’s building. Based on the Aircraft Noise Monitoring Report (WVJ Acoustics, 2018) and ambient noise monitoring conducted at the site, the project would not expose people working or residing at the site to noise at unacceptable levels.
Adjacent uses are predominantly industrial and residential development is not in close proximity to the site. The nearest residential neighborhood is located along Airport Boulevard at Colonial Manor Mobile Home Park, approximately 0.3 miles north east of the site. The project consists of a new mini-warehouse facility and would not represent a visual impact on adjoining properties.
In addition, as previously mentioned, the proposed project lighting would not impact nearby properties. The project will include wall mounted lights, as well as a single 20-foot-tall light standard at the main driveway entrance. Lighting fixtures will include one pole-mounted light fixture, 66 interior facing LED wall lights, six wall sconces at the managers building, four exterior facing LED downlights, and four downward casting security lights. The proposed lighting would provide low to moderate light intensities around the buildings and within parking areas. These lighting levels would provide adequate light to illuminate the site, consistent with light levels in a parking lot and for site circulation. 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 properties. Any potential spillover light would be further obscured from view by buildings, landscape plantings and fencing. Therefore, the project is not anticipated to create a glare nuisance.
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.
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Supportive Evidence
Approval of a Special Use Permit shall authorize only the particular use for which the permit is issued and may include a limit on time the use may continue. No use authorized by a Special Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Special Use Permit in accordance with the procedures set forth in this Code. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this title, the Code and County, State, Federal, or other agencies.
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 the redevelopment of an existing parking lot as a miniwarehouse facility in an urbanized area with predominantly industrial development.
A mini-warehouse facility in this location would provide a valuable service to the community and is complementary with existing land uses nearby. In addition, as the site is within a developed area, it 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 patrons of the mini-warehouse facility and onsite manager. Further, an Initial Study has been prepared for the proposed project, wherein, any potential negative impacts were found to be less than significant with the incorporation of mitigation measures.
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.
Supportive Evidence
The project site is designated Industrial on the General Plan Land Use Diagram and is within the IP Zoning District. The proposed project is consistent with the General Plan goals, policies, and implementation measures concerning land use compatibility, design, site improvement, and airport compatibility and public safety, as outlined above in section Special Use Permit Findings #1.
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.
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Supportive Evidence
The proposed project would provide an infill industrial use within an existing urbanized areas consisting predominantly of industrial development.
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 Transportation Study.
Transportation-related impacts related to sight distances and construction activities were found to be less than significant with mitigation incorporated.
The proposed lighting provides adequate light to illuminate the site, consistent with light levels in a parking lot and for site circulation. A condition of approval requires all exterior lighting fixtures to be shielded or downcast. A photometric analysis demonstrates that little to no light would spill over onto adjoining properties and roadways. Any potential spillover would be further obscured from view by buildings, landscape plantings and fencing. Therefore, the project is not anticipated to create a glare nuisance.
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 Transportation Study. Transportation-related impacts related to sight distances and construction activities were found to be less than significant with mitigation incorporated.
Identified mitigation measures include, but are not limited to, a minimum sight distance of 150 feet at each project driveway access point and on-street parking shall be restricted on Nielson Street for 25 feet on either side of the eastern driveway. Further, restrictions on vegetation height along the project frontage on Nielson Street and the submittal of a Construction Period Traffic Control Plan is required to be submitted to the City for review and approval. Mitigation Measures 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
City and State regulations are in place to regulate sight distance and site obstructions to address safe ingress/egress on the site. Based on criteria published by Caltrans, on-street parking will be restricted on Nielson Street for 25 feet on either side of the eastern driveway to achieve a minimum sight distance of 150 feet at each driveway access point.
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In addition to sight distance and sight vision compliance, the project will have access to existing pedestrian facilities. Sidewalks exist on both sides of Airport Boulevard, Nielson Street, and Hangar Way, effectively linking the project site to the surrounding pedestrian network. Signalized crosswalks are present on the north and east legs of the Airport Boulevard/Nielson Way intersection. Overhead streetlights exist along Airport Boulevard, Nielson Street, and Hangar Way.
Overall, the existing facilities provide adequate pedestrian access and connections between the project site and surrounding industrial development, the hospital, and residential neighborhoods within walking distance. 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 industrial use within an existing urbanized area consisting predominantly of industrial development. The site is bordered on the north and east by industrial properties (zoned IP: Industrial Park) and by the Watsonville Community Hospital (zoned N: Institutional) to the south. Across Airport Boulevard is the Watsonville Municipal Airport (zoned PF: Public Facilities).
A mini-warehouse facility is a compatible use with the existing light manufacturing buildings to the east and north and the Watsonville Community Hospital to the south. The proposed mini-warehouse facility would operate in a manner consistent with other Industrial Park uses. In addition, the proposed design and project mass would be compatible with the surrounding development.
Residential development is not located directly adjacent or in close proximity to the site. The nearest residential units are along Airport Blvd, 0.3 miles northeast at Colonial Manor Mobile Home Park. Single-family residential homes exist southeast of the site along Anna Street, 0.34 miles away.
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As previously mentioned, the proposed lighting would not impact nearby properties, as little to no light would spill over onto nearby properties. Any potential spillover light would be further obscured from view by buildings, landscape plantings and fencing. Therefore, the project is not anticipated to create a new source of potential light spillover or glare nuisance.
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
Approval of a Special Use Permit shall authorize only the particular use for which the permit is issued and may include a limit on time the use may continue. No use authorized by a Special Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Special Use Permit in accordance with the procedures set forth in this Code. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this title, the Code and County, State, Federal, or other agencies.
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 the redevelopment of an existing parking lot as a miniwarehouse facility in an urbanized area with predominantly industrial development.
A mini-warehouse facility in this location would provide a valuable service to the community and is complementary with existing land uses nearby. In addition, as the site is within a developed area, it 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 patrons of the mini-warehouse facility and onsite manager. Further, an Initial Study has been prepared for the proposed project, wherein, any potential negative impacts were found to be less than significant with the incorporation of mitigation measures.
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CITY OF WATSONVILLE EXHIBIT B
CITY COUNCIL
Application No: 1656
APNs: 015-111-49
Applicant: Ed Boersma, on behalf of Ted Crocker
Hearing Date: January 17, 2022
SPECIFIC DEVELOPMENT PLAN/SPECIAL USE PERMIT WITH DESIGN REVIEW
CONDITIONS OF APPROVAL
General Conditions:
1. Approval. This approval applies to the Plan Set identified as “Crockers Lockers” located at 70 Nielson Street, Watsonville, CA 95076 received by the Community Development Department on October 6, 2021, and revised on October 18, 2022, and filed by Ed Boersma, applicant, on behalf of Ted Crocker, property owner. (CDD-P)
2. Conditional Approval Timeframe. This Specific Development Plan and Special Use Permit with Design Review 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 Specific Development Plan, 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 Permit shall not be effective until 14 days after approval by the decision-making body or following final action on any appeal. (CDDP)
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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
CEQA Environmental Document Filing Fee Condition:
10. 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) Building and Fire-related Conditions:
11. Required Permits. The applicant shall obtain all required building permits (Building, Electrical, Plumbing, Mechanical, Grading, etc.) for this project. (CDD-B-E)
12. Building Code. Project construction shall comply with all applicable provisions of Title 24 of the California Code of Regulations, such as the latest version of the California Residential Code. (CDD-B)
13. Fire Code. Project construction shall comply with California Fire Code as adopted by the City. (WFD)
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14. 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)
15. Floodplain Development Permit. The applicant shall obtain a Floodplain Development Permit prior to issuance of a building permit, if applicable, in accordance with WMC Section 9-2.400. (CDD-E, PW)
Project Specific Conditions:
16. Mitigation Monitoring & Reporting Plan (MMRP). Where not in conflict with specific conditions of approval, the project is subject to compliance with the MMRP adopted for the project. A reporting program shall be prepared and submitted to the City that establishes a format and timing for submittal of how mitigations have been implemented. (CDD-P)
Public Works & Utilities Conditions:
17. Connection Fees. The applicant shall comply with WMC Section 6-3.523.
Connection fees and charges shall be in accordance with a schedule established by resolution of the Council. Connection fees shall be in effect for all new connections to a public sanitary sewer main. New Construction. All newly constructed residential or commercial units shall pay the appropriate sanitary sewer connection fees as set forth by Council resolution prior to receiving an occupancy permit. All newly constructed industrial facilities shall, prior to receiving an occupancy permit, acquire by purchase or lease sufficient POTW capacity in an amount equal to not less than its estimated peak monthly discharge. A sewer connection fee must be collected by the City for this project. (PW, CDD-E)
18. Sanitary Sewer Lateral(s). The applicant shall comply with WMC Section 6-3.503.
Each parcel under separate ownership is required to have a separate sanitary sewer lateral. Upon change of ownership of a parcel sharing a sanitary sewer lateral, the owner of that parcel shall install a separate sanitary sewer lateral. (PW, CDD-E) Prior to or concurrent with the issuance of a Building Permit, the following requirements shall be met:
19. Public Works Comments/Corrections. The applicant shall revise the project plans in accordance with the comments/corrections provided by Alex Yasbek, Civil Engineer, dated October 28, 2021, and repeated below. (CDD-E, PW)
20. Soil Percolation Test Results & Bio-Retention Area. Provide results of soil percolation testing justifying the use of 5min/inch infiltration rate in the design of the bio-retention areas. (PW, CDD-E)
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21. Bio-Retention Basin Detail. Provide statement from project Geotechnical Engineer confirming that lining as shown in detail “Bio-Retention Basin Detail” on Sheet C4 confirms with intent of statement “Bio-retention swales constructed within 10 feet or less from building foundation should be lined with a 20-mil pond liner.” (PW, CDD-E)
22. Soil Infiltration Rates. Revise and adjust bio-retention sizing as necessary to accommodate soil infiltration rates and the incorporation of a liner where needed.
Show revised calculation in a revised Stormwater Control Plan. (PW, CDD-E)
23. Stormdrain. Clearly show the connection between bio-retention basin 1 and the existing stormdrain system. Please indicate which existing stormdrain lines are to be removed or abandoned and which lines are new. (PW, CDD-E)
24. Post Construction Stormwater Requirements. 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 postconstruction requirements (PCR) 1 – 4 to the satisfaction of the City Engineer, prior to issuance of a building permit. (CDD-E)
25. Storm Water Pollution Prevention Plan. Prior to issuance of the grading permit to begin project construction activities, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and submit the project SWPPP for review and approval by the City Engineer. The applicant shall also file a Notice of Intent (NOI) and associated fee to the State Water Resources Control Board (SWRCB). The project SWPPP shall be utilized as a framework to prescribe and implement BMPs.
Construction and project operations shall implement BMPs to reduce pollutants within stormwater discharges to the maximum extent possible. The approved SWPPP shall be maintained throughout the construction period. The City shall verify that all post-construction BMPs are installed and functioning properly prior to issuing a certificate of occupancy. (CDD-E, PW)
26. Colors & Materials. The applicant shall submit a color and materials board for review and approval by the Community Development Director or designee prior to issuance of a building permit. (CDD-P)
27. 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
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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, over-spray, or other similar conditions where water flows to waste. (CDD-B-E-P)
d. NEW TREES – As proposed in the preliminary landscape plans, the project shall provide a minimum of eight (8) fern pine trees along the northern perimeter of the site and six (6) dwarf apple trees near the eastern entrance. Low water use shrubs and ground cover would be planted along the perimeter of the site, with an emphasis on the east and southern portions along Airport Boulevard and Nielson Street. Two bioretention basis will be added at the southeast and southwest portions of the site.
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 WMC Section 6-3.8 Water Efficient Landscape Ordinance. (CDD-P, -E) g. ADEQUATE SIGHT DISTANCE – To maintain adequate sight lines at the project driveway, landscape plantings along the westerly property line near the driveway entrance shall be planted with low-lying vegetation and any trees shall be trimmed of all branches hanging below seven feet from the road elevation. (CDDP)
28. Tree Removal. The Caltrans Division of Aeronautics staff have identified two trees as encroaching on the 2/20 Transitional Surface at 450 feet east of Runway 2/20 Approach End centerline, which are identified as T15 and T17 on the Existing Tree Plan (sheet T1). To ensure that the trees to not pose an airspace obstruction hazard, the applicant shall have the removed.
29. 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)
30. Glare Prevention (Mitigation Measure Land Use & Planning 1). All exterior lighting shall be directed such that lights create as little off-site glare and nuisance as is feasible. All exterior lighting fixtures shall be glare-shielded and down-facing.
All exterior lighting shall be limited to warm light colors with an output temperature of 2700 kelvin. (CDD-P-B)
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31. 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)
32. Utility Connection. The project shall connect to City utilities. (CDD-E)
33. 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)
34. 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. (CDD-P)
35. Nesting Bird Avoidance or Conduct Preconstruction Surveys (Mitigation Measure BIO-1). To avoid impacts to nesting birds and violation of state and federal laws pertaining to birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) should occur outside the avian nesting season (prior to February 1 or after September 15). If construction and construction noise occurs within the avian nesting season (from February 1 to September 15), all suitable habitats located within the project’s area of disturbance including staging and storage areas plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed by more than five days, an additional nesting bird survey shall be performed.
Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented and submitted to the City.
If pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of non-raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist, until the chicks have fledged. Monitoring shall be required to ensure compliance with MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented and submitted to the City. (CDD-P)
36. Best Management Practices (Mitigation Measure BIO-2). The initiation of grading and any earthmoving activities shall be limited to the dry season between June 15th and October 15th of each year. Project activities will be ceased when the National Weather Service (NWS) 24-hour weather forecast predicts a 40 percent or greater chance of precipitation of at least 0.10-inch of precipitation. The project shall employ Best Management Practices (BMPs) to protect water quality per the National
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Pollutant Discharge Elimination System (NPDES) permit. A list of example BMPs may include the following:
• Store, handle, and dispose of construction materials and wastes properly to prevent their contact with stormwater.
• Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, wash water or sediment, and non-stormwater discharges to storm drains and water courses. • Avoid cleaning, fueling, or maintaining vehicles on-site, except in a designated area in which run-off is contained and treated.
• Perform clearing and earth moving activities during dry weather to the maximum extent practical.
• Remove spoils promptly and avoid stockpiling of fill materials when rain is forecast. Cover soil stockpiles and other materials with a tarp or other waterproof material during rain events.
• Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination and dispersal by wind. • In the event of rain, all grading work is to cease immediately. (CDD-E, PW)
37. Pre-Activity Focused Survey for Santa Cruz Tarplant (Mitigation Measure BIO2a). Prior to initial ground disturbance and during the appropriate blooming period (June to October), a focused survey for Santa Cruz tarplant will be conducted by a qualified plant ecologist within suitable habitat in the project footprint and a 50-foot buffer around the project footprint, where feasible. The purpose of the survey will be to assess the presence or absence of Santa Cruz tarplant. If Santa Cruz tarplant is not found in the impact area or the identified buffer, then no further surveys or mitigation will be warranted. If Santa Cruz tarplant is found in the impact area, then Mitigation Measures BIO-1b will be implemented. The results of the survey will be documented. (CDD-P-E, PW)
38. Avoidance Buffers (Mitigation Measure BIO-2b). To the extent feasible, and in consultation with a qualified botanist, the project proponent will construct the project to avoid impacts on all populations of special-status plant species within the project site or within the identified buffer of the impact area. Avoided special-status plant populations will be protected by establishing and observing the identified buffer between plant populations and the impact area. All such populations located in the impact area or the identified buffer, and their associated designated avoidance areas, will be clearly depicted on any construction plans. In addition, prior to initial ground disturbance or vegetation removal, the limits of the identified buffer around special-status plants to be avoided will be flagged or fenced. The flagging will be maintained intact and in good condition throughout project-related construction activities. If avoidance is not feasible, then CDFW and/or USFWS will be consulted to determine the appropriate mitigation measures, which may include salvage and relocation of individual plants and/or off-site preservation, enhancement, and management of occupied habitat for the species. (CDD-E, PW)
39. 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
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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-B-E, PW)
40. Cease Ground‐Disturbing Activities and Implement Treatment Plan if Archaeological Resources are Encountered (Mitigation Measure CUL‐2). In the event archaeological resources are unearthed during ground-disturbing activities, all ground-disturbing activities within 50 feet of the find shall be halted so that the find can be evaluated. Ground-moving activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. 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.
Because it is possible for a lead agency to determine that an artifact is considered significant to a local tribe (and thus be a significant resource under CEQA, even if it would not otherwise be considered significant under CEQA), all Native American artifacts (tribal finds) shall be considered as a significant Tribal Cultural Resource, pursuant to PRC 21074 until the lead agency has enough evidence to make a determination of significance. The 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. If appropriate, the archaeologist may introduce archaeological monitoring on the site.
An archaeological report will be written detailing all archaeological finds and submitted to the City and the Northwest Information Center. (CDD-B, PW)
41. Over-Excavate North and Northwestern Soils (Mitigation Measure GEO-1).
Prior to issuance of a grading permit, the applicant, in partnership with a geotechnical engineer, shall implement an over-excavation program to mitigate the possible settlements resulting from dry sand settlement during an earthquake.
Potholing throughout the site should occur under the observation of an engineer technician to explore the presence of undocumented fill onsite and guide recommendations for over‐excavation depths. The over‐excavation and placement of excavated material as engineered fill shall be focused on the northeastern and northwestern portions of the site in locations with high calculated settlements. OverPage 897 of 965 Q:\COUNCIL\2023\011722\Resolution - SUP DR Exhibit B.docx
excavation depths shall be kept at least two feet above the water table. Actual depth and limits of over‐excavations shall be determined in the field by a qualified engineering professional. Undocumented fill across the site shall be excavated and placed back as engineered fill if the fill material is deemed to be acceptable by the engineer. (CDD-E)
42. Conduct Paleontological Sensitivity Training for Construction Personnel (Mitigation Measure GEO-2). 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-B-E, PW)
43. Cease Ground-Disturbing Activities and Implement Treatment Plan if Paleontological Resources Are Encountered (Mitigation Measure GEO-3). 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 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-B, PW)
44. Sight Distances (Mitigation Measure TRANS-1). To achieve a minimum sight distance of 150 feet at each project driveway access point, on-street parking shall be restricted on Nielson Street for 25 feet on either side of the eastern driveway.
Vegetation along the project frontage on Nielson Street shall be trimmed to a height of three feet or less and trees trimmed so that no piece of a tree hangs below a height of seven feet from the surface of the roadway. (PW)
45. 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
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Control Devices”) to be followed during construction. The plan shall also specify provision of adequate signage 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, including ADA accessibility standards, 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. (PW) Prior to permit issuance, the following conditions shall be addressed:
46. 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)
47. 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:
48. 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)
49. 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)
50. 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
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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)
51. BMPs for Controlling Construction Emissions. The project applicant shall implement the following Best Management Practices to limit the potential fugitive dust, construction emissions, and odors generated by the project:
• 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)
52. Complimentary Dust Control Measures. To minimize dust/grading impacts during construction the applicant shall:
• Spray water on all exposed earth surfaces during clearing, grading, earth moving and other site preparation activities throughout the day to minimize dust.
• Use tarpaulins or other effective covers on all stockpiled earth material and on all haul trucks to minimize dust.
• 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. • Ensure that construction vehicles are cleaned prior to leaving the construction site to prevent dust and dirt from being tracked off-site. • 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)
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53. Unanticipated Discovery of Contaminated Soils. In the 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)
54. 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)
55. FAA Form 7460-2 Filing. The applicant shall file a FAA Form 7460-2, Notice of Actual Construction or Alteration, within five (5) days after the construction of the tallest structure reaches its greatest height. (CDD-P)
Construction notes to be included with the Improvement Plans:
56. 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)
57. 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)
58. 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 Occupancy, the following condition shall be met:
59. Avigation Easement. The applicant shall record an Avigation Easement to convey certain enumerated property rights from the property owner to the Watsonville Municipal Airport. The Aviation Easement shall include provisions concerning the following:
• Provide the right of flight in the airspace above the property; • Allow the generation of noise and other impacts associated with aircraft overflight;
• Restrict the height of structures, trees and other objects in accordance the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Standards for Determining Obstructions to Air Navigation; • Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and
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• Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property.
The applicant shall provide documentation of the recorded Avigation Easement to the Community Development Department. (CDD-P)
60. 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)
61. Landscaping Installation. All landscaping and irrigation shall be installed and approved by Community Development Department staff. (CDD-P-E)
62. Trash Removal. All trash and construction debris shall be removed from the site. (CDD-B, PW)
Ongoing Conditions:
63. Post Construction Stormwater Ordinance – Inspection, Maintenance and Annual Reporting. Applicant shall perform inspections, maintenance to the postconstruction stormwater management facilities and report to the City each year on these activities. (CDD-E, PW)
64. 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)
65. Trash Enclosure Maintenance. Trash and recycling enclosure shall be maintained to the satisfaction of Watsonville Municipal Services. (PW)
66. Lighting and Landscaping 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)
67. Ongoing Maintenance. Common (patio, open space) areas, landscaping, street trees, roadway pavement, driveways, parking spaces, walks, fences and retaining walls shall be maintained on an ongoing basis by the Homeowners Association (HOA) for the entire development area. (CDD-P)
68. Potential Attractive Pest Nuisance Avoidance. To ensure trash enclosures do not attract nuisance pest species, such as Norway rat, raccoon, and opossum, the
Q:\COUNCIL\2023\011722\Resolution - SUP DR Exhibit B.docx
applicant shall develop a monitoring program to ensure trash areas are routinely cleaned and secured at night. (PW)
Future Sign Permit:
69. 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:
70. 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 Specific Development Plan/Special Use Permit with Design Review and Environmental Review (App. No. 1656), 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) Key to Department Responsibility
CDD-B – Community Development Department (Building)
CDD-P – Community Development Department (Planning)
CDD-E – Community Development Department (Engineering)
PW – Public Works Department
WFD – Watsonville Fire Department
MBARD – Monterey Bay Air Resources District
CA – City Attorney
Q:\COUNCIL\2023\011722\Resolution - SUP DR Exhibit C.docx
CITY OF WATSONVILLE EXHIBIT C
CITY COUNCIL
Application No: 1656
APNs: 015-111-49
Applicant: Ed Boersma, on behalf of Ted Crocker
Hearing Date: January 17, 2022
Applicant: Ed Boersma
Property Owner: Ted Crocker, 9502 Alder Ct. Carmel, CA, 93923 (APN015-111-49) Project: Specific Development Plan and Special Use Permit with Design Review and Environmental Review
Location: 70 Nielson Street, Watsonville, CA 95076
Purpose: Allow the construction of the Crockers Lockers Project A Specific Development Plan and Special Use Permit with Design Review and Environmental Review (App. No. 1656) to allow the construction of 1,072 self-storage units with a manager’s apartment on a 4.4± acre site located at 70 Nielson Street (APN 015-111-49), was recommended for approval by the Planning Commission at a public hearing on December 6, 2022, and was reviewed by the City Council at a public hearing on __________, and was conditionally approved by adoption of Resolution No -23 (CM) together with findings and conditions of approval attached hereto and made a part of this permit.
CITY OF WATSONVILLE
City Council
Suzi Merriam
Community Development Director
Watsonville Wetlands Watch
P.O. Box 1239 • Freedom, CA 95019
www.watsonvillewetlandswatch.org
“Dedicated to protecting, restoring and appreciating the wetlands of the Pajaro Valley” January 13, 2023
City of Watsonville Council
250 Main Street
Watsonville, Ca 95076
Re: Crocker’s Lockers Development
Dear City Council Members,
I am writing to express my appreciation to Ted Crocker and the management of the Crocker’s Lockers development planning effort for their collaboration with Watsonville Wetlands Watch on the potential relocation of trees that are required to be removed during construction of the proposed facility.
When it came to our attention that the trees in the parking lot adjacent to Watsonville Community Hospital would be destroyed to make space for the new development of Crocker’s Lockers, we reached out to Ted Crocker to look for an alternative solution.
Our City-wide goal is to dramatically increase the City of Watsonville’s tree canopy cover from under 10% to 30%. Increasing Watsonville’s tree canopy is an essential goal for a healthy community that is resilient to climate change. A healthy tree canopy will improve air and water quality in the City, reduce heat stress for City residents on hot days which are anticipated to increase with climate change, provide natural habitat, beautify our community, and improve mental health for City residents.
Working in conjunction with Ted Crocker, a long-time local resident and active philanthropist, we discussed the possibility of moving some of the trees, and re-planting them in other areas throughout the community. This plan would not only save beautiful trees, but would give us access to more mature trees to enhance the beauty of our area. We are looking into the feasibility of this right now and developing plans for this to occur. We greatly appreciate Ted Crocker’s openness to working together on this important effort and help with the realization of this goal.
Since 2018, our organization, working in close partnership with the City, has planted and cared for over 1,100 shade and fruit trees. We host active programs to distribute, plant, and care for trees throughout the City. We also have developed educational programs, such as our Climate Corps Leadership Institute, to provide high school youth with education and job training in urban forestry and watershed restoration.
Working together, I know that we can reach important goals for the City’s urban tree canopy, the natural environment, and the health of our community. This collaboration related to the tree removal on the proposed Crocker’s Lockers site, stands as an excellent model of how residents, developments, local government, and non-profit partners can work together to turn challenges into success stories for environmental and public health throughout our community.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Jonathan Pilch
Executive Director
Watsonville Wetlands Watch
January 16, 2023
VIA EMAIL
Honorable Mayor Eduardo Montesino and City Council
City of Watsonville
Planning Commission
250 Main Street
Watsonville, California 95076
[email protected]
[email protected]
Re: January 17, 2023, City Council Meeting; Agenda Item # 9.a Construction of Self-Storage Units and Manager’s Apartment—70 Nielson Street (APN 015-111-49)
Dear Mayor Montesino and Members of the Council:
This law firm represents the Watsonville Pilots Association (“WPA”), one of the prevailing parties in Watsonville Pilots Association, et al. v. City of Watsonville (2010) 183 Cal.App.4th 1059 (WPA I). WPA is dedicated to protecting the safety of pilots and members of the public on the ground in and around the Watsonville Airport. WPA objects to the proposed construction of the above referenced Self Storage Units and Manager’s Apartment, which involves the development of six self-storage buildings, and a seventh building which would be a manager’s building (“Project”). This letter incorporates by reference our comments on the Mitigated Negative Declaration (“MND”) dated August 12, 2022, and our letter of December 5, 2022, to the Planning Commission which is included with your packet. This letter reiterates our comments to the Planning Commission and we urge the Council to consider these important comments.
As we pointed out in the letter on the MND, the MND is inadequate as a matter of law, as it essentially ignores the Project’s impacts on the Watsonville Airport and the airport safety zones. We find the staff responses to our comments to be simply a disagreement with our analysis and the staff’s responses are inconsistent with the requirements in WPA I and the California Airport Land Use Planning Handbook (“Handbook”).1 Once again, staff is contending that the Handbook’s discretionary provisions allow flexibility. However, the Court of Appeal explained that the Watsonville Airport is in a “no1 The Handbook is found at https://dot.ca.gov/-/media/dotmedia/programs/aeronautics/documents/californiaairportlanduseplanninghandbook-a11y.pdf
Honorable Mayor and City Council
Re: Self-Storage at 70 Nielson Street
January 16, 2023
procedure” county and that “an affected city in a no-procedure county must ‘accept’ and ‘put into effect’ the Handbook’s criteria by ‘unit[ing]’ the criteria with the city’s general plan, a very strong mandate.” WPA I at 1072. As explained infra, the City is required to adopt the strictest criteria in the Handbook.
The Project cannot be approved until the City has converted the Handbook into mandatory provisions in its General Plan. State law establishes Airport Safety Zones around airports and makes compliance mandatory as to the Watsonville Airport. The WPA has successfully defended these mandatory Airport Safety Zones in Court twice to date: in WPA I and in Watsonville Pilots Association v. City of Watsonville, Case No. CV176416 (“WPA II”) where the Superior Court found that a revised 2030 General Plan again violated the Aeronautics Act because, among other reasons, it granted the City discretion in a no procedure county.
In addition, this letter is to once again remind the City that it does not currently have the authority to issue permits for this application as the City’s General Plan does not yet comply with the Public Utilities Code as required by WPA I. Therefore, the Project must be denied.
I. The Mitigated Negative Declaration Fails to Adequately Analyze AirportRelated Impacts As we stated in or letter of August 12, 2022 on the MND, courts review negative declarations favorably to challengers. Because the City has only prepared a negative declaration for the Project, rather than an EIR, WPA need only make a “fair argument” that the Project causes a significant environmental impact. Courts have firmly established that the fair argument standard is a “low threshold test.” The Pocket Protectors v. City of Sacramento (“Pocket Protectors”) (2004) 124 Cal.App.4th 903, 928; No Oil Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 86; Laurel Heights Improvement Association v. Regents of the University of California (1993) 6 Cal.4th 1112, 1123-1126. John R. Lawson Rock & Oil, Inc. v. State Air Resources Bd. (2018) 20 Cal.App.5th 77, 108- 109. “There is ‘a low threshold requirement for preparation of an EIR’, and a ‘preference for resolving doubts in favor of environmental review.’” Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322, 332. “With certain limited exceptions, a public agency must prepare an EIR whenever substantial evidence supports a fair argument that a proposed project ‘may have a significant effect on the environment.’” Protect Niles v. City of Fremont (2018) 25 Cal.App.5th 1129, 1138-1139. Whether the administrative record contains “substantial evidence” in support of a “fair argument” sufficient to trigger a mandatory EIR is a question of law, not a question of fact. League for Protection of Oakland’s Architectural and Historic Resources v. City of Oakland (1997) 52 Cal.App.4th 896, 905; Architectural Heritage Association v. County of Monterey (2004) 122 Cal.App.4th 1095, 1122 (overruled in part on other grounds in Friends of Willow Glen Trestle v. City of San Jose (2016) 2 Cal.App.5th 457, 460). Therefore, under the fair argument standard, “deference to the agency’s determination is not appropriate and its decision not to require an EIR can be upheld only when there is no credible evidence to the contrary.” Sierra Club v. County of Sonoma (1992) 6 Cal App 4th 1307, 1318; see also, Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144; Quail Botanical Gardens v. City of Encinitas (1994) 29
Honorable Mayor and City Council
Re: Self-Storage at 70 Nielson Street
January 16, 2023
Cal.App.4th 1597 (rejecting an approval of a negative declaration prepared for a golf course holding that “[a]pplication of [the fair argument] standard is a question of law and deference to the agency’s determination is not appropriate.”) Evidence supporting a fair argument need not be overwhelming, overpowering or uncontradicted. Friends of the Old Trees v. Department of Forestry and Fire Protection (1997) 52 Cal.App.4th 1383, 1402. Instead, substantial evidence to support a fair argument simply means “information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.” 14 Cal. Code Regs. § 15384; Pocket Protectors, supra 124 Cal.App.4th at 927-928; League for Protection of Oakland’s Architectural and Historic Resources v. City of Oakland, supra, 52 Cal.App.4th at 905.
A negative declaration is proper “only if project revisions would avoid or mitigate the potentially significant effects identified in an initial study ‘to a point where clearly no significant effect on the environment would occur, and ... there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.’” Mejia v. City of Los Angeles, supra, 130 Cal.App.4th at 331. Here, the MND is an inadequate environmental document because it fails to sufficiently analyze airportrelated safety and noise impacts as required by CEQA. A “negative declaration is inappropriate where the agency has failed either to provide an accurate project description or to gather information and undertake an adequate environmental analysis.” City of Redlands v. County of San Bernardino (2002) 96 Cal.App.4th 398, 406. As a result, the MND fails to provide the public and the decisionmakers adequate information regarding the Project’s potential environmental impacts. Thus, an EIR must be prepared. Cleveland National Forest Foundation v. San Diego Assn. of Governments (2017) 3 Cal.5th 497, 503.
The MND here states that the Project is located within two miles of the Watsonville Municipal Airport and is within Watsonville Municipal Airport Safety Zones 2, 5, and 6. (MND, p. 69.) However, despite this acknowledgement, the MND glosses over the actual risk levels associated with the Project’s location within these safety zones.
As the California Airport Land Use Planning Handbook (“Handbook”) states that “Maintaining a high degree of safety as lands near airports are developed is clearly an important planning objective.” (Handbook, Appendix F, p. F-1.) Furthermore, While measurement of risks provides essential input to the making of public policy, it is not the only consideration. In our society, decisions about how to respond to many risks—particularly ones affecting many people or whole communities—are not the sole purview of experts. Moreover, such decisions are not based simply on technical analyses and data. The public’s perception of risks plays a major role as well. Perception is a key component in any assessment of societal risk.
(Handbook, Appendix F, p. F-3.) However, the MND fails to truly analyze the levels of risks posed by the Project’s proximity to the Watsonville Airport. “Ultimately, the decisions we—as
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Re: Self-Storage at 70 Nielson Street
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individuals or as a society—make in response to hazards come down to a question of our tolerance for or acceptance of the risks which are known or believed to be involved.” (Handbook, Appendix F, p. F-6.) Therefore, without such information it is impossible to know the risks that are being accepted, thus thwarting the central purpose of CEQA: “The ultimate inquiry, as case law and the CEQA guidelines make clear, is whether the EIR includes enough detail ‘to enable those who did not participate in its preparation to understand and to consider meaningfully the issues raised by the proposed project.’” Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 515.
The Staff Report prepared for the Planning Commission claims that “the IS/MND Section
6.9(e), Hazards and Hazardous Materials, specifically addresses safety hazards for people residing or working in the project area of projects located within an airport land use plan, and the City must submit future general and specific plans for review by the Caltrans Division of Aeronautics.” (Planning Commission Staff Report, p . 24.) However, such analysis is not a substitute for the Handbook’s requirement to analyze all possible risks posed by the Project’s proximity to the airport, not simply the risks the City deems worthy of analysis. As the Handbook points out, the assessment of risks and determination of appropriate actions to be taken in response to those risks is a complex process. (Handbook, Appendix F, p. F-2.) Moreover,
The beginning point for any efforts to develop public policies to address most risks is to measure the extent to which a particular risk exists… the two fundamental components of risk measurement are frequency and consequences. Frequency measures when or how often an adverse event might occur. The consequences component describes what the effects of such an event might be (in terms of fatalities, injuries, property damage, service interruption, etc.). For most risks involving physical hazards (and certainly those related to airport area land uses), it is useful to consider a third component. Accident frequency can be thought of not just in terms of how often accidents occur, but also in terms of their distribution. The distribution component of risk identifies where or for whom there is an exposure to accidents (geographically or to certain segments of the population).” (Handbook, Appendix F, p. F-2.) There are no such discussions of frequency, consequences or distribution of risks anywhere in the MND. A “negative declaration is inappropriate where the agency has failed either to provide an accurate project description or to gather information and undertake an adequate environmental analysis.” City of Redlands v. County of San Bernardino (2002) 96 Cal.App.4th 398, 406. An “agency should not be allowed to hide behind its own failure to gather relevant data.” Id. at p. 408.
In addition, it is unclear how the submittal of future general and specific plans for review by the Caltrans Division of Aeronautics ensures the Project will remain low risk, especially when none of the risks are actually disclosed. “Impermissible deferral of mitigation measures occurs when [the agency] puts off analysis or orders a report without either setting standards or demonstrating how the impact can be mitigated in the manner described....’” Save the Agoura
Honorable Mayor and City Council
Re: Self-Storage at 70 Nielson Street
January 16, 2023
Cornell Knoll v. City of Agoura Hills (2020) 46 Cal.App.5th 665, 687, citing Preserve Wild Santee v. City of Santee (2012) 210 Cal.App.4th 260, 280-281. Here, because none of the risks are analyzed in a meaningful way, there is no way to know whether these broad unspecified plans will in fact mitigate the actual risks. “Numerous cases illustrate that reliance on tentative plans for future mitigation after completion of the CEQA process significantly undermines CEQA’s goals of full disclosure and informed decision making; and consequently, these mitigation plans have been overturned on judicial review as constituting improper deferral of environmental assessment.” Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310, 316.
The Staff Report also asserts that the MND utilized the “objective standards contained in the Handbook to consider risk tolerance and perception.” (Staff Report, p. 24.) However, the Staff Report’s assertion ignores the fact that the City fails to have a compliant General Plan and that the analysis is not as simple as applying the standards the Staff deems relevant. “In our society, decisions about how to respond to many risks—particularly ones affecting many people or whole communities—are not the sole purview of experts. Moreover, such decisions are not based simply on technical analyses and data. The public’s perception of risks plays a major role as well. Perception is a key component in any assessment of societal risk.” (Handbook, Appendix F, p. F-3.) There is no true discussion of the risk anywhere in the MND. The Handbook points out,
Ultimately, the decisions we—as individuals or as a society—make in response to hazards come down to a question of our tolerance for or acceptance of the risks which are known or believed to be involved. This is not a question which can be answered in an absolute sense, however. Society’s allocation of resources must be taken into account. It is always possible to reduce risk, but the cost of doing so increases as the risk becomes smaller.
(Handbook, Appendix F, p. F-6.) But the City has to apply strict standards.
The MND fails to acknowledge that the Handbook concludes that the risk level is “High” in Safety Zone 2. Moreover, the Handbook states that “Multi-story uses” should be avoided in Safety Zone 2. The Project originally included one two-story building in Safety Zone 2. In response to WPA’s initial letter, the Staff Report to the Planning Commission states that “in an abundance of caution, the applicant has reduced the height of all structures, including Building C, located within Airport Safety Zone 2 from two stories to one.” (Planning Commission Staff Report, p. 24.) The Planning Commission Staff Report strains credulity when it asserts that this is “not a CEQA issue.” However, simply reducing the building’s height does not absolve the applicant from providing an actual safety analysis to ensure the public is aware of the possible risks that may remain, and the safety of pilots and aircraft passengers.
Furthermore, the MND takes liberties with the intensity limitations in the Handbook.
The MND concludes that “The Handbook states that most non-residential buildings are not fully
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Re: Self-Storage at 70 Nielson Street
January 16, 2023
occupied at all times. Therefore, the Handbook allows for reducing the total occupancy using these codes by a set factor, 50% for most uses.” (MND, p. 70-71.) This is an overstatement.
The Handbook actually limits the 50% reduction to retail and office uses. (Handbook, p. G-1.) The Project is neither a retail nor an office use. Therefore, the MND’s assumptions are incorrect.
The Staff disputes our assertion. However, because the most stringent standards must be employed, the Staff’s assertions miss the mark. Indeed, the Handbook states that “Therefore, the number of people calculated for office and retail uses should usually be adjusted (50%) to reflect the actual occupancy levels before making the final people-per-acre determination. Even with this adjustment, the CBC-based methodology typically produces intensities at the high end of the likely range.” (Handbook, p. G-1, emphasis added.) As stated above, the City is obligated to apply the strictest standards in the Handbook.
In addition, the MND does not apply the strictest standards in the Handbook for occupancy levels. Since Santa Cruz County is a no procedure county, the strictest standards must be applied. For instance, the Staff Report asserts, even with the 50% reduction, asserts that the number of people per acre in Safety Zone will be 51 people per acre. (Staff Report, p. 18.) In Safety Zone 2, the Maximum Nonresidential Intensity is 40-60 people per gross acre.
However, the Staff Report only uses the Maximum Allowable Single-Acre Intensity range, which is 80-120 people per acre. If the lower limit of 40 people is used, which is required, then the project violates the handbook standard even under the Staff Report’s erroneous calculation.
While the City is not permitted to use the high range of the Maximum Nonresidential Intensity criteria, even if the correct occupancy calculation is used (i.e., the adjustment of 50% is not employed), the Project violates the high range of the Maximum Nonresidential Intensity criteria.
The MND’s discussion of potential safety hazards is not only cursory, but also entirely flawed because the City has not yet incorporated the Handbook into its General Plan, as required by the State Aeronautic Act and the holding in WPA I. The court in Resource Defense Fund v.
County of Santa Cruz (1982) 133 Cal.App.3d 800, 806, held that “[s]ince consistency with the general plan is required, absence of a valid general plan, or valid relevant [] elements or components thereof, precludes enactment of zoning ordinances and the like.” Thus, without a valid general plan, the City cannot conclude the Project complies with the State Aeronautics Act and the Handbook. Therefore, a fair argument exists that the Project will create a significant impact.
II. The City Cannot Issue Land Use Approvals because the General Plan is Noncompliant with the State Aeronautics Act
In any event. the City cannot approve the Project, which is within Airport Safety Zones, because the City’s General Plan violates the State Aeronautics Act. The City must update its General Plan to comply with the Public Utilities Code before it can approve this Project. We fully explain this obstacle to approval in our letter on the MND. However, we summarize the key points below.
Honorable Mayor and City Council
Re: Self-Storage at 70 Nielson Street
January 16, 2023
In 2006, WPA filed a petition for writ of mandate challenging the City’s adoption of an updated City General Plan (the 2030 General Plan). (Santa Cruz Superior Court Case No. 154571.) The Santa Cruz Superior Court found that the City had violated both the State Aeronautics Act and the California Environmental Quality Act (CEQA), because, inter alia, the 2030 General Plan unlawfully modified Airport Safety Zone 3 and land use compatibility guidelines, and the EIR inadequately analyzed aviation impacts and traffic impacts and failed to consider a reasonable range of alternatives. The Court of Appeal upheld this judgment in WPA I.
The Court of Appeal explained that the Watsonville Airport is in a “no-procedure” county and that “an affected city in a no-procedure county must ‘accept’ and ‘put into effect’ the Handbook’s criteria by ‘unit[ing]’ the criteria with the city’s general plan, a very strong mandate.” WPA I at 1072. The Court further explained that “what we can glean from the legislative history” of the applicable “1994 amendment of Public Utilities Code Section 21670.1” is “perfectly consistent with requiring an affected city in a no-procedure county to adopt all of the Handbook’s criteria and inconsistent with allowing such city to choose to adopt only some of those criteria.” WPA I at 1073.
The Court of Appeal also stated that the City’s contention “lacks merit” when it claimed that “the Legislature did not intend to mandate that an affected city in a no-procedure county adopt the specific criteria in the Handbook but intended to require only that such a city adopt some subset of those criteria.” Id. The Court also explicitly rejected the City’s claim that “the contours of the[] zones and the nature of the compatibility criteria [both of which ‘chapter 9 of the Handbook contains’] are left to the discretion of the local agency because the criteria ‘depend on each locality’s answer to the basic questions’ about how much risk it is willing to accept [Italics added by Court.],” holding that “[t]his claim directly conflicts with the Legislature’s intent in enacting the 1994 legislation.” WPA I at 1076. The Court further stated that “it would defy the Legislature’s intent to conclude that the City has discretion to modify the criteria to suit itself based on the City’s own determination.” WPA I at 1077.
The Project cannot be approved until the City has converted the Handbook into mandatory provisions in its General Plan. State law establishes Airport Safety Zones around airports and makes compliance mandatory as to the Watsonville Airport. The WPA has successfully defended these mandatory Airport Safety Zones in Court twice to date: in WPA I and in Watsonville Pilots Association v. City of Watsonville, Case No. CV176416 (“WPA II”) where the Superior Court found that a revised 2030 General Plan again violated the Aeronautics Act because, among other reasons, it granted the City discretion in a no procedure county.
In fact, the City itself has admitted the lack of incorporation of the Handbook into the General Plan prohibits the City from approving development within the Airport Safety Zones.
The City has agreed with this conclusion before. (See February 28, 2017, Staff Report for the Pajaro Valley High School Auditorium Project, p.3-4, attached to Letter from Wittwer Parkin to Planning Commission, dated December 5, 2022.)
Honorable Mayor and City Council
Re: Self-Storage at 70 Nielson Street
January 16, 2023
Notably, the City also agreed in a Joint Stipulation and Order Re Partial Return to Writ of Mandate Enabling City Approval of Athletic Field Project and Auditorium Project for Pajaro Valley High School (“Stip and Order Re Partial Return”) that both WPA I and WPA II “ordered the CITY, inter alia, to comply with the State Aeronautics Act and this Court’s respective Statements of Decision and to take no action on development proposals within the Airport Influence Area until the CITY has duly incorporated the provisions of the Airport Handbook into the CITY General Plan.” (Stip and Order Re Partial Return, 8:24-28, attached to Letter from Wittwer Parkin to Planning Commission, dated December 5, 2022.) Moreover, this Stipulation and Order also states that “the CITY remains mandated to incorporate the Airport Handbook into its General Plan as ‘nondiscretionary’ standards, and utilize the most stringent of those Airport Handbook standards….” (Stip and Order Re Partial Return, 10:13-17.) The issues identified by City Staff with regards to the Pajaro Valley High School Auditorium Project remain an issue here: because the General Plan is still noncompliant with the State Aeronautics Act, no permits or any other land use approvals may be authorized at this time.
See Camp v. Board of Supervisors (1981) 123 Cal. App. 3d 334, 353 (stating that because a subdivision map was approved “at a time when there existed no adequate general plan, the Board . . . could not have legally found the subdivision consistent with the requisite general plan and thus that approval was unlawful and must be set aside.”). Thus, without a valid general plan, the City must take the position that it will not issue permits or otherwise make new land use decisions. See also Neighborhood Action Group v. County of Calaveras (1984)156 Cal.App.3d 1176, 1184-1185 (stating that a conditional use permit issued on the basis of invalid general plan is thereby itself invalid, to the extent that the “permitted use implicates a defective policy or standard in the general plan,” continuing on to state that “the scope of authority of the agency to enact a general plan and zoning ordinances and to apply them is governed by the requirements of state law. A permit action taken without compliance with the hierarchy of land use laws is ultra vires as to any defect implicated by the uses sought by the permit”) (emphasis added); Friends of “B” Street v. City of Hayward (1980) 106 Cal.App.3d 988, 998 (“City approval of a proposed subdivision, construction of public improvements, and private sale of subdivided lots may be enjoined for lack of consistency of the subdivision map with the general plan.”) For the foregoing reasons, the City Council cannot approve this Project.
Pursuant to Public Resources Code § 21167(f), we renew our request that the City forward a Notice of Determination to this office if the Project is approved. That section provides:
If a person has made a written request to the public agency for a copy of the notice specified in Section 21108 or 21152 prior to the date on which the agency approves or determines to carry out the project, then not later than five days from the date of the agency's action, the public agency shall deposit a written copy of the notice addressed to that person in the United States mail, first class postage prepaid.
Honorable Mayor and City Council
Re: Self-Storage at 70 Nielson Street
January 16, 2023
Thank you for your consideration of these comments.
Very truly yours,
WITTWER PARKIN LLP
/S/
William P. Parkin
cc: Client
Justin Meek ([email protected])
[email protected]
1/17/23, 10:34 AM City of Watsonville Mail - Fwd: CROCKERS LOCKERS PROJECT AT 70 NIELSON STREET--LETTER OF SUPPORT. https://mail.google.com/mail/u/0/?ik=13cad09557&view=pt&search=all&permthid=thread-f%3A1755290115348006274&simpl=msg-f%3A17552901153… 1/2 Alejandra Pacheco <[email protected]> Fwd: CROCKERS LOCKERS PROJECT AT 70 NIELSON STREET--LETTER OF SUPPORT.
1 message
Irwin Ortiz <[email protected]> Tue, Jan 17, 2023 at 9:04 AM To: Alejandra Pacheco <[email protected]> Ale, another one to upload to the packet.
---------- Forwarded message ---------
From: George Ow <[email protected]>
Date: Sat, Jan 14, 2023 at 9:47 AM
Subject: CROCKERS LOCKERS PROJECT AT 70 NIELSON STREET--LETTER OF SUPPORT.
To: <[email protected]>, [email protected] <[email protected]> JANUARY 14, 2023
TO: MAYOR PARKER, WATSONVILLE CITY COUNCIL, CITY CLERK PERTINENT STAFF:
SENT VIA EMAIL TO: [email protected], city [email protected], [email protected]
RE: LETTER OF SUPPORT FOR CROCKERS LOCKERS PROJECT AT 70 NIELSON STREET.
Ted Crocker and Dick Crocker are legends in local real estate, ministorage, philanthropic and handball lore.
Their parents operated the Pronto Pups restaurant on Main Street and the A and W fast food restaurant on Freedom Boulevard long ago. Dick graduated from Watsonville High in 1961 and Ted in 1962. Both went on to Cabrillo College.
The Crocker Brothers built the first ministorage in Watsonville in 1973 and the project before you, which is Ted’s, will be the fifth ministorage project that he (some with brother Dick) will have built in Watsonville. It will be a first class ministorage building with beautiful landscaping in the mode of the best being built today. Operations will be consistent with best industry practices.
Ted Crocker has been a successful entrepreneur in ministorage and other business fields for 50 years. He has come back to Watsonville to invest and share his experience and capital. The project that he will build on Airport Boulevard may be the most beautiful building on that street and surrounding area.
I have known Ted for over 50 years and have been on site for some of his latest local projects. They are fine projects and I have confidence that this one will be too. Ted is lucky to have Watsonville as his home town and Watsonville is lucky to have Ted come back to invest and build.
I agree with the support that city planning staff have given this project and with the unanimous vote of approval at the Planning Commission. Please vote for this project.
Sincerely yours
1/17/23, 10:34 AM City of Watsonville Mail - Fwd: CROCKERS LOCKERS PROJECT AT 70 NIELSON STREET--LETTER OF SUPPORT. https://mail.google.com/mail/u/0/?ik=13cad09557&view=pt&search=all&permthid=thread-f%3A1755290115348006274&simpl=msg-f%3A17552901153… 2/2 George Ow, Jr.
Ow Family Properties
203 Highland Avenue
Santa Cruz, CA, 95060
[email protected]
text and cell phone: 831-247-4748
--
Irwin I. Ortiz, City Clerk
City Clerk's Office (831) 768-3048
275 Main Street, Suite 400, Watsonville, CA 95076
FAX: 831-761-0736
E-mail: [email protected]
Open Monday - Friday 8:00 AM to 5:00 PM
**Public Records Requests (PRR) submitted via email, fax, USPS, or dropoff after 5:00 p.m. on a business day, Saturday, Sunday, holidays, will be processed as received on the next open business day. The 10-day response period begins when the PRR is received.
Irwin I. Ortiz, CMC
Cit~ Clerk
Office: (831) 768- 3040
Direct: (831) 768- 3048
Fax: (831) 761 - 0736
275 Main St, Suite 400, Watsonville, CA 95076
Crocker’s Lockers
1,072 self-storage units and
manager’s apt @ 70 Nielson St.
CITY COUNCIL | January 17, 2023
Overview
● Project location
● Proposed project
● Procedure
● Discussion
● Environmental review
● Findings
● Recommendation
.,,.'"'
. ,,..,,.,., ..
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I
Project Location
Address: 70 Nielson St
APN: 015-111-49
Size:4.4± ac
GP:Industrial
Zoning: Industrial Park (IP)
Project Site
Nielson St
P/QP (N)
I (IP)
TCU (PF)
Key: General Plan (Zoning)
·------·---·-----·-· 1'
I , -----------1
\.._ ' -.. . ....._..._ _________________________ ,L- ----- /yfe/aonSt Nlel,on St
f,llol&On Sl
● Landscaped medians w/ trees
● Curb, gutter, sidewalk
● Two driveways
● Mostly flat
Existing Site
Project Site
Nielson St
Airport
Hospital
Light
Industrial
Contractor’s
Yard
Medical
Office
Residential
Residential
Light
Industrial
Land Uses
current use: parking lot (unused}
proposed use: mini-storage facility Page 922 of 965
Project Site
Nielson St
Zone 1
Zone 6
Zone 5
Zone 2 Zone 3
Airport Safety Zones
s Legend
Zone 1 - Runway Protection Zone
1-------1 Zone 2 - Inner Approach/Departure Zone
-------- Zone 3-Inner Turning Zone
I
(_ ~------~------------------·- Nltlson St
1-------1 Zone 4 - Outer Approach/Departure Zone
Zone 5 - Sideline Zone
Zone 6 - Traffic Pattern Zone 1------1
Nielson St
Proposed Project
● Construct 1,072 self-storage units in six 1 - & 2-story buildings ● Construct one 2-story manager’s office w/ apartment above
Proposed Project
6 buildings
1,072 units
149,769± sq. ft.
Manager’s blg.
21 parking spaces
CONSTRUCTION YARD
I AIRPORT SAIUY ZONE t
, -.,~===='=-'~==.-.,'=====•-,,.·"!l-......,= - +=•:::~;:.- -•~-•~-
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Proposed Project
1-story buildings
2-story buildings
Zone 2 Zone 5 Zone 6
■
■
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------... __ .. __
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AIRPORT SAF"ETY ZONE 5 AIRPORT SAIUY ZONE t
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Additional Site Improvements
● onsite circulation
● landscaping
● drainage
● lighting
● fencing
● signage
CONSTRUCTION YARD
I AIRPORT SAIUY ZONE t
, -.,~===='=-'~==.-.,'=====•-,,.·"!l-......,= - +=•:::~;:.- -•~-•~-
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Street Elevations: Facing Airport Blvd & Nielson St
WEST ELEVATION -AIRPORT BLVD.
'"f...U.WOOOIL.E G)
.::oal':ltlll'l,,...U, fll' @
-rn•~-•-•-•-•~ 0
PARTIAL SOUTH ELEVATION - ENLARGED
PfllE--.fM':TIJAEDSl<:..iE>Ol'.Efl.fll'@
--~ .. --~@
PfllE-.OCM;llllEOS1-_,,._ fll' @
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lt'WET.11.Gil'EA>UASCM@
"'(Ml'fCll.fllll.llAOOJ'TWISn.,;co@)
W"MU.11.Cll'fLASHNl @
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InteriorsElevations: Buildings C & D
l'N()tll:CUU'OOOlt,M' @
l").IC-toi!Cl!!JfOOUlllll l'r, @
BLDG C NORTH ELEVATION (INTERIOR FACING)
BLDG D EAST ELEVATION (INTERIOR FACING)
● 2 stories
● 29'-0" tall
Manager’s Building
ctEAA IINOOIZB) AI..U.i.t
s ORBffiON ' 'ri . CD
1.f"METPL CAf'EA ASCIA @
STEEL E'IEBROl'I Aiin,itiG @
STEEL Mf' NG W IE-BA.OKS @
RBCES.SED STORBFRO.•H W OWMIOORS, TVP.
Manager’s Building
● Office/reception
● Residential unit
● Fenced patio
● 1 car garage
L _____ ~ IN~~----_J
1ST FLOOR - OFFICE !ti
[DJ
I - AwNiN°c;iiuow- - 7
I
_____ AWMNGBELOW ____ j
2ND FLOOR - APARTMENT !ti
Landscaping
Plant Legend
KEY SIZE WATER BOTANICAL NAME COMMON NAME
TR EES RATING
PG 15 MED Podocarpus gracilor Fem Pine
SHRUBS
AP 5or 15 MED Apple - dwarf or semi dwarf Fruit
DV 5 LOW Dietes irridioides voriegata Fortnight Lily
BO 5 LOW Bougainvillea Borbora Karst (vine) Train on lattice LV 5 LOW Lomondro Platinum
N 5 LOW Nondino Gulf Stream Heavenly Bamboo
5 LOW Iris douglosiana Canyon Snow Native Iris
A min. 25% of all shrubs and ground covers need to be 5 gal. size
GROUND COVER
SR 1 LOW Sorcococca ruscifolio Sweet Box
D 1 LOW Dietes irridioides Fortnight Lily
CA LOW Crossulo ovoto Jade Plant
SL LOW Salvia leucantha Santa Barbara Mexican Sage
LB LOW Lomandro Breeze
LP LOW Limonium perezii Sea Stotice
y LOW Lantana Spreading Sunshine l ow Yellow Lan ana
M LOW lontana montevidensis purple low Purple Lantana
BIO-RETENTION AREAS
C 5 LOW Chondropetalum tectorum Small Cape Rush
5 LOW Juncus patens Elk Blue CA Gray Rush
In the water use calculations I consider C and J os medium water use in the bio retention areas ------ ---
AIRPORT SAFETY ZONE 2
AIRPORT SAFETY ZONE 5
,)-;- ,,... -------------- / I
7 /
1----------- 7
I
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--- I I Sc-tocdowP.,
------ I I / ----- NIELSON STREETit- / --+----------------- Page 932 of 965 Drainage
SU ~IIEf GRATE 2, 00" ASOVE BAS 1 (BIH)
W:VA1iefl Ml) SIT ~J\1£ 1,00" AS()',£ illiSt :i: (fffi- 2) Cl.£Y:1, 1i1Cff. lra[T 1i1E !NiTO ~ Nr'I STCi™ ~I~ Pl . . 810-REIDHlOO BASIN TO B£ fi1.AN1l[D,
P£R LANDSCAPE Pl.AN, SEE PLAN Fa! SIZE
'IHI'. B!OflETDITIOlt $OIL l,IEOU,
(8':M) PER BASMltA ~C- f'Ell OTI OWG. f:W. IJID-001
1 '-0" CLASS. ~ P£llt.lEMU I
1NON CCMPACliD' 001N 1/tOCt. t• DIA. l'ERfOR'l\lED
SUB RAI OONNECT TO
Sfai:M OR/,JN A f IIEf,
B10-RETENTIONI BASIN SECTION
BUILDING
FINISH FLO(
-
',, BLD ) t ,, 1 STORY
<. )7 ... ) ......
/ 4', I I I"- ,,._
/ "-..1 ......... <;;::, ./'fl, , I ',"-' ... ~ / I ' ~ I I / ', / / '> I
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/ / BJ.DG C / I / / 1-(.._y.,TORY /
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l / /
/ l' ,,..._,./) , ( I I:> / ~) <., [}
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A ...... <;;::, ',...,", "-..1""<...., .................. ~ 'y ........................ _______ _
AIRPORT SAFETY ZONE 5
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7 /
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------- : : / . -----------+-t-----1------- NIELSON STREEl ! ! / Page 933 of 965 Colors +Materials
T •IGtt TUBE STEEEL ROll t<G GATE@@
RECESSED ClEAR ANODIZED
ALU,,,STOREFRO•T. TYP. (D
LEGEND
0 WOOD LOOK TH - DALTlEFORESTBAYStENNA('S" X36")
(D LAHA8RA'PACFIC SANDX-9r-LIGHTTAN
@ KEU Y MOORE '3960-3 CLUBHOUSE' · CHARCOAL GRAY
G) BENJAM.N MOOR'E '1552" • RIVER R'EFLECTIONS
@ BENJAM.N MOOR'E '1553'-EOUESTRIANCRAY
@ JANUS NTERNATIONAL • SLHOUETTE GRAY
(D CLEAA AN0012EO ALIJMNU,.t FRAME, CLEAR GI.ASS
1,-METAL CAP EAVE/FASCIA @
10- METALCAPFLASHNC @
@ GALVANIZED SHEET METAL
® MBCJPANElS- ASHGRAY
@) LAHA8RA 'A/JAVE" 30410 (17)-AOVOCAOO GREEN
@ OWENS CORNING CLUUREO ST0'4E 'fOG SOUTHERN LEOGESTONE' CSV-2028" @ OWENS CORNING Cll.TUREO ST0'4E • GRAY
@) EXPANDED METAL Al ENTRY bATES & FENCING
COLOR TO MATCHSAJ/Pt.E #3
ARCHITECTURAl. 8ULIOOUT WI STUCCO @)
1'' METAL CN' FlASHNG ®
ARCHITECTURAL BUl OOUT WJ ST
Colors +Materials
0)
Procedure
● Planned Development (PD) to
allow parking modifications ,
pursuant to WMC § 14-16.2503
● Establish a PD Overlay Distrist
for the site, thereby modifying
the underlying district
regulations regarding the City’s
parking standard for the
project
● Special Use Permit + Specific
Development Plan required for
any and all uses in the PD
District, pursuant to WMC § 14-
16.2509
● Special Use Permit to allow a
mini -warehouse use (DLU 114),
pursuant to WMC §§ 14-16.503
and 14-36.040
Procedure
● Design Review for all new
construction, exterior
remodeling, additions, or
changes in use requiring
additional parking, pursuant to
WMC § 14-10.1000
● Environmental Review for
projects subject to CEQA, to
disclose potential impacts and
provide methods to minimize
those impacts
City Actions / Approvals
The proposed project
would require the
following City
approvals:
Planning Commission & City Council:
● Adoption of the Mitigated Negative Declaration
● Adoption of a PD Overlay District*
● Specific Development Plan / Special Use Permit
● Design Review
Community Development Department:
● Building Permit
* Note: requires 5 affirmative votes
Discussion Overview
● General Plan / Zoning
● Compatible use
● Airport land use compatability
● Design review
● Environmental review
Discussion | Zoning
● Mini -warehouses are allowed conditionally w/ SUP
● Consistent with the IP Zoning District regulations re:
○ Maximum building height
○ Minimum lot frontage
○ Minimum distance between buildings
○ Minimum lot area
○ Maximum lot coverage
○ Minimum setbacks
Discussion | PD Overlay District
● Reduce parking requirement
○ Standard would result in an oversupply of unneeded parking spaces ● Supportive rationale
○ Project would produce a large number of trips (25 PM peak hour trips) ○ Short duration of stay (20 minutes or less on average)
Discussion | General Plan
● Proposed mini -storage facility on land designated for light industrial use ● Compatible with surrounding low -intensity, light industrial uses ● Overall consistent with General Plan goals, policies and implementation measures concerning:
○ Land use compatibility
○ Design
○ Site Improvement
○ Airport compatibility and public safety
Discussion | General Plan
● Not consistent with those goals and policies concerning job creation and maximizing economic opportunities
● Limited development potential due to airport safety zones
Discussion | Airport Land Use Compatibility
● Caltrans Handbook establishes
criteria for appropriate height,
use, noise, safety, density, and
intensity to ensure future
development is compatible with
airports
● Six safety zones
Discussion | Airport Land Use Compatibility
1. Runway protection zone
2. Inner approach/departure zone
3. Inner turning zone
4. Outer approach/departure zone
5. Sideline zone
6. Traffic pattern zone
Discussion | Airport Land Use Compatibility
1. Runway protection zone
2. Inner approach/departure zone
3. Inner turning zone
4. Outer approach/departure zone
5. Sideline zone
6. Traffic pattern zone
Discussion | Airport Land Use Compatibility
Zone 2 Zone 5 Zone 6
UbU0""1o1" CONSTRUCTION YARD O,IV',11, _______ ""_""
AIRPORT SAF"ETY ZONE 5 I AIRPORT SAIUY ZONE t
........... ,.,. _ __ ,_* ---•-'1•"--
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------... __ .. __ V ----- ....... un. ... CWIIU
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15 NIELSON sr .• f.
T
Discussion | Zone 2
● Handbook safety compatibility criteria
● Normally allow warehouses
● Limit uses to attract few people
● Avoid multi -story uses
● Avoid high intensity uses
● “Intensity” limits:
○ Average-acre: 40 – 60 people per acre
○ Single-acre: 80 – 120 people per acre
Nature of Risk
■ Normal Maneuvers
• Aircraft overflying at low altitudes on final approa;ch a n<l straight-out departures
■ Altitude
• Between 200 and 400 feet .etiove runway
, Common Accident Types
• Arrival: Simifar to Zone 1, airc raft under-shooting approaches, forced short \an<lings
• Departure: Similar to Zone 1. emergency lan<ling on
straight-out <leparh.Jre
• Risk Level
• 1-figh
• Percentage o f near-runway accidents in this z.one: 8%. - 22~ Basic Compatibility Policies
■ Normally Allow
• Agriculture : non--group recreational uses
• Low-hiazard materials storage. wsrel\ouses
• Low-inlensity light industrial uses: auto, aircraft, m arine repair services
■ Limit
• Singte-slory offia:i buiktings
• Nonresidential uses to activities lilat altrac:t few people , Avoid
• AU residential uses. except as infill in developed areas • Mulli-slory us.es : u5-es. with high density or intensity • Shopping centers, most eating establ ishments
, Prohibit
• Thealers, m eeting halls and other assembly uses
• Office buildi l\QS greeter th.en 3 alories
• Labor-intensi,.,e indLJ striel uses
• Children·s schools. large daye:are centers . hospital s. nursing homes
• Stadiums. groLip .-ecrealional uses
• 1-fezardous usea (e.g. aboveground bulk fuel slorage) Maximum Residential Densities Maximum Nonresidential
Intensities
FINAL APPROACH
• •
Maximum Single Acre
Average number of dwelling units Average number of people 2x the Average number of people per gross acre per gross acre
Rural See Note A 10-40
Suburban 1 per10 - 20ac. 40-60
Urban 0 60-80
Dense Urban 0 See Nole B
Note A. Ma1nta1n current zoning rf less than density crttena for suburban setting_ Note B: Allow' infill at up to average intensity of comparable s.unounding uses. per gross acre
50-80
80-120
120- 160
See Nole B
FIGUR E 4C
Safety Zone 2 - Inner Approach/Departure Zone
Discussion | Safety
Zone 2 Zone 5 Zone 6
Maximum Allowable 40 – 60
people/acre
70 – 100
people/acre
200 – 300
people/acre
Proposed Average-Acre Intensity 10 people/acre 10 people/acre 10 people/acre Consistency with Average-acre Intensity per Airport Safety Zone Calculation : 41 people ÷ 4.4-acre site = 9.3 persons per acre (rounded up to 10 )
Discussion | Safety
Zone 2 Zone 5 Zone 6
Maximum Allowable 80 – 120
people/acre
210 – 300
people/acre
800 – 1,200
people/acre
Building Area (sf) 30,490 22,963 96,304
Estimated Maximum Occupants 51 39 161
Site Area (acres) 1.70 0.50 2.19
Proposed Single-Acre Intensity 51 people/acre 76 people/acre 73 people/acre Consistency with Single-acre Intensity per Airport Safety Zone Calculations: 39 occupants ÷ 0.5 acres = 76 people/acre 161 occupants ÷ (96,304 sf / 43,560 sf) = 161 occupants ÷ 2.21 acres = 73 people/acre Page 951 of 965 Discussion | Safety
1-story buildings
2-story buildings
Zone 2 Zone 5 Zone 6
■
■
~
~~- ~
a-i. t• ~ • '-, ....
------... __ .. __
UbU0""1o1" CONSTRUCTION YARD O,IV',11, _______ ""_""
AIRPORT SAF"ETY ZONE 5 AIRPORT SAIUY ZONE t
............ .,._,._,_* ---•-'1•"--
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-- -- ------- lae60!Hlr.----- ·-·----- -- ----·-· 15 NIELSON sr .• f.
T
Discussion | Airspace Protection
● Imaginary surfaces in the airspace surrounding the Watsonville Municipal Airport as defined in accordance with criteria set forth in Federal Aviation Regulations (FAR)Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace
● These surfaces establish the maximum height that objects on the ground can reach without potentially creating constraints or hazards to the use of the airspace by aircraft approaching, departing, or maneuvering in the vicinity of the airport
● Objects that exceed Part 77 height limits constitute airspace obstructions
Discussion | Airspace Protection
Building Max Height
A 12' - 0"
A (façade elements) 18' - 6"
B 12' - 0"
B (façade elements) 16' - 6"
C 12' - 0"
D 23' - 0"
E 10' – 2¼ "
F 22' - 3"
Manager’s Building 29' - 0"
T.O. ENDWALl
Discussion | Airspace Protection
● FAA no hazard determination
● Condition of Approvals:
○ File 7460-2, Notice of Actual Construction
○ Remove 2 trees (potential obstructions)
○ Record Avigation Easement
•
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10I01 Hillwood Parkway
Fort Worth, TX 76 177
Issued Date: 02/25/2022
Rayvon Williams
City of Watsonville
100 Aviation Way
Watsonville, CA 95076
Aeronautical Study No.
2022-A WP-240-OE
** DETERM INATION O F NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regu lations, part 77, concerni ng:
Structure:
Location:
Latitude:
Longitude:
Heights:
Commercial Use Building A I
WATSONVILLE, CA
36-55-45.1 4N NAO 83
121-47-37.05\V
136 feet site elevation (SE)
12 feet above ground level (AGL)
148 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Fonn 7460-2, otice of Actual Construction or Alteration, be c-filed any time the project is abandoned or:
__ At least 10 days prior to start of construction (7460-2, Part I) _X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information.
Based on th is evaluat ion, marking and lighting are not necessary fo r aviation safety. However, if marking/ lighting arc accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460- 1 M.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport.
This detemtination expires on 08/25/2023 un less:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office.
Page I of5 Attachment 8
page 1 of:,
Discussion | Design Review
● Compatible with surrounding area
● Buildings: balanced & appropriately articulated on street -facing sides ● Massing: broken up by trim, offsets and varying roof heights ● Materials: corrugated metal & concrete tilt -up walls with wood tile & stucco ● Metal lattices and wooden trellises provide visual interest ● Parking: largely cucked away from public view
● Landscaping: screens the buildings & provides visual interest
Discussion | Lighting
● Potential to change ambient lighting conditions & create a hazard ● Proposed: wall mounted lights & 20' tall light standard at entrance ● Photometric Site Plan shows adequate light levels w/o spillover effects BlACKSl'OT LIGHTING 8" LEO SIGN LIGHT
24W 1600 LUMEN
SLACK HOUSING
HEADS TO ENRECTEO DOWMVARO AND TOWARDS MURALS
LIGHTS TO BE CONTROLl.EO BY Tl\1ER
NIELSON ST.
LITHONIA LIGHTING CSX LEO
NAURAL ALUMINUM (ON D) FINISH
AREA LUMINAIRE
4' SQUARE POLE, NATtJ ALUMINUM
t 2' DIA. CONCRETE CAIS N
4 - #3 TIES WITHIN TOP 12"
ANC RBOLTS
PER UFACTURER
PVC CONDUIT
TOP.O.C
Discussion | Environmental Review
● Initial Study prepared for the project
● Mitigate potential significant environmental effects
● Public review period: July 13 – Aug 12 (extended to Aug 26) ● Two public comments: CDFW & WPA
● Response to Comments + Errata
There is not substantial evidence in the record that the project, as mitigated, will have a significant effect on the environment for areas analyzed within the Initial Study, and mitigation measures have been identified that, when implemented, will avoid or reduce potential impacts to less-than-significant levels
Discussion | CDFW Concerns
● Addressed through amending Mitigation Measure BIO -2 (“BMPs”) ○ Limit initiation of grading and other earthmoving activities to the dry season ○ Conduct pre -activity focused survey for Santa Cruz Tarplant ○ Implement avoidance buffers
● Implement measures to prevent glare and light pollution
Discussion | WPA Concerns
● Addressed in Response to Comments
● IS/MND includes analysis in Section 6.9(e) Hazards & Hazardous Materials ● IS/MND analysis based on objective standards in the Handbook ● IS/MND uses ave- & single-acre intensity methodologies in the Handbook ● IS/MND finds that the project would not expose people to excessive noise ● IS/MND finds that the project would not pose a risk to air navigation WPA provides no substantial evidence in support of a new or unanalyzed potentially significant impacts
Conditions | Indemnification
70. 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 Specific Development Plan/Special Use Permit with Design Review and Environmental Review (App. No. 1656), 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 ) Page 962 of 965
Required Findings
● The City Council may make the required findings in support of the project ● Mitigated Negative Declaration (CEQA Guidelines)
● Planned Development Overlay District (WMC § 14-16.2508) ● Special Use Permit (WMC § 14-12.513)
● Design Review Permit (WMC § 14-12.403)
Recommendation
The Planning Commission adopted Resolution Nos. 19 -22 (PC) and 20-22 (PC), recommending that the City Council allow the construction of the 1,072 self - storage units and manager’s apartment on a 4.4 ± acre site located at 70 Nielson Street (APN 015 -111-49) and take the following actions:
1. Adopt a Mitigated Negative Declaration ;
2. Approve a Planned Development (PD) Overlay District; and
3. Approve the proposed Specific Development Plan and Special Use Permit with Design Review (App #1656)
Example Facilities
Gilroy Self Storage Depot:
https :// www.youtube.com/watch?v=HK3Q1SQoXC0
Oakley Gateway Self Storage:
https:// www.youtube.com/watch?v=py8b80H6tDk