2017/09/14 Planning Commission Agenda Packet
PLANNING COMMISSION RESOLUTION NO. 2017-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK CALIFORNIA APPROVING THE MITIGATED NEGATIVE DECLARATION
FOR THE FAIRFIELD INN AND SUITES SITE PLAN AND ARCHITECTURAL
REVIEW (APN 143-040-120) FILE NO. PLSR16-0002
WHEREAS, the applicant, Tejal Patel, of Rohnert Park Lodging, LLC, has submitted a
Site Plan and Architectural Review for a 100-room hotel located on property at 405 Martin
Avenue (APN 143-040-120); and
WHEREAS, Planning Application No. PLSR16-0002 was processed in the time and
manner prescribed by State and local law; and
WHEREAS, an Initial Study was prepared and on the basis of that study, it was
determined that the project would not have a significant adverse effect on the envir onment with
implementation of mitigation measures, and a Mitigated Negative Declaration (MND) was
prepared and circulated for public review for a 30 -day period from August 10, 2017 to
September 11, 2017 (Exhibit A); and
WHEREAS, pursuant to California State Laws and the City of Rohnert Park Municipal
Code (RPMC), a public hearing notice for the Fairfield Inn and Suites was mailed to all property
owners within a 300 foot radius of the subject property and to all agencies and interested parties
as required by California State Planning Law, and a public hearing notice was published in the
Community Voice for a minimum of 10 days prior to the first public hearing; and
WHEREAS, on September 14, 2017, the Planning Commission reviewed Planning
Application No . PLSR16-0002 during a scheduled public meeting at which time interested
persons had an opportunity to testify either in support or opposition to the proposed project; and
WHEREAS, at the September 14, 2017, Planning Commission meeting, upon hearing
and considering all testimony and arguments, if any, of all persons desiring to be heard, the
Planning Commission considered all facts relating to Planning Application No. PLSR16-0002;
WHEREAS, the members of the Planning Commission, using their independent
judgment, reviewed the proposed project and all evidence in the record related to such requests,
including the staff report, public testimony, and all evidence presented both orally and in writing.
WHEREAS, at the September 14, 2017 public meeting the Planning Commission of the
City of Rohnert Park reviewed and considered the information contained in the Initial Study and
Mitigated Negative Declaration for the proposal, which is attached to this resolution as Exhibit
A; and
WHEREAS, Section 21000, et. Seq., of the Public Resources Code and Section 15000,
et. Seq., of Title 14 of the California Code of Regulations (the “CEQA Guidelines”), which
govern the preparation, content and processing of Negative Declarations, have been fully
implemented in the preparation o f the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the Mitigated Negative Declaration for the proposed Project:
1. The Planning Commission has independently reviewed, analyzed and
considered the Mitigated Negative Declaration and all written
documentation and public comments prior to approval of the proposed
Project; and
2. An Initial Study was prepared for the project, and on the basis of substantial
evidence in the whole record, there is no substantial evidence that the
project will have a significant effect on the environment, therefore a
Mitigated Negative Declaration has been prepared which reflects the lead
agency’s independent judgment and analysis.
3. The Mitigated Negative Declaration was prepared, publicized, circulated
and reviewed in compliance with the provisions of CEQA Guidelines; and
4. The Mitigated Negative Declaration constitutes an adequate, accurate,
objective and complete Mitigated Negative Declaration in compliance with
all legal standards; and
5. The documents and other materials, including without limitation staff
reports, memoranda, maps, letters and minutes of all relevant meetings,
which constitute and administrative record of proceedings upon which the
Commission’s resolution is based are located at the City of Rohnert Park,
City Clerk, 130 Avram Ave., Rohnert Park, CA 94928.
BE IT FURTHER RESOLVED by the Planning Commission of the C ity of Rohnert
Park that approval of the Project would not result in any significant effects on the environment
with implementation of mitigation measures identified in the Mitigated Negative Declaration and
the Planning Commission does hereby approve and adopt the Mitigated Negative Declaration
and Initial Study set forth in Exhibit 1 and direct the filing of a Notice of Determination with the
County Clerk; and
BE IT FURTHER RESOLVED by the Planning Commission of the City of Rohnert
Park that Exhibit 1 of this resolution also provide Mitigation required under Section 15091 of
the CEQA Guidelines for significant effects of the Project; and
BE IT FURTHER RESOLVED that any interested persons may appeal this Resolution
of the Planning Commission to the City Council within 10 calendar days of its passage pursuant
to RPMC Section 17.25.123. Any such appeal shall be in the form provided by RPMC Section
17.25.124 and with the payment of the fee established by the City.
DULY AND REGULARLY ADOPTED on this 14th day of September, 2017 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: _____ NOES: _____ ABSENT: _____ ABSTAIN: _____
ADAMS_____ BLANQUIE_____ BORBA_____ GIUDICE _____HAYDON____
Susan Haydon, Chairperson, Rohnert Park Planning Commission
Attest: ________________________________
Susan Azevedo, Recording Secretary
Initial Study
Fairfield Inn & Suites
31 August 2017
Western Pond Turtle (Actinemys marmorata)
Western pond turtle is a California reptile species of special concern. It generally inhabits
slow-moving permanent or intermittent streams, ponds, small lakes, and reservoirs. They
require adequate emergent basking sites and adjacent uplands for nesting, aestivation, and
hibernation (Dudek 2017).
Hinebaugh Creek occurs directly south of the project site and there are two documented
CNDDB occurrences located within this waterway; one occurs upstream of the site and
one occurs downstream. There is a high probability that this species occurs throughout
this waterway, including directly south of the site. The project site may provide marginal
nesting, aestivation, and hibernation habitat for this species where soils are suitably
friable. Although no sign of turtles or suitable burrows for nesting were observed during
the site survey, there is low potential for this species to occur onsite. Project construction
could adversely affect potential nesting and aestivation habitat for western pond turtle
should they be present at the time of ground-disturbing activities (Dudek 2017). To
ensure that construction activities do not adversely impact turtles, the project would be
required to implement Mitigation Measure BIO-2. With implementation of Mitigation
Measure BIO-2, which requires a preconstruction survey for western pond turtles prior to
initiation of grading, potential impacts to western pond turtles would be less than
significant.
Nesting Birds
All raptor species found in California are protected by the federal Migratory Bird Treaty
Act (MBTA) and California Fish and Game Code 3503.5 and may use the site for nesting
or foraging. The project area supports suitable nesting trees for a variety of raptor species,
as well as other native bird species protected by the MBTA (Dudek 2017). Mitigation
Measure BIO-3 would require completion of a nesting bird survey two weeks prior to
construction during the nesting season (February 1 – September 30) to determine if native
birds are nesting on or near the site. With implementation of this measure, impacts to
nesting birds would be less than significant.
As discussed above, two special-status wildlife species, the burrowing owl and western
pond turtle, have a low potential to occur on the project site. There is also the potential
for nesting birds to be present onsite. Implementation of the Mitigation Measure BIO-1,
BIO-2, and BIO-3 would ensure that impacts to special-status wildlife species remain less
than significant. In addition, the project would be required to implement Mitigation
Measure BIO-4, which requires the project applicant to demonstrate compliance with all
applicable state and federal resource agency requirements for species protected under the
Initial Study
Fairfield Inn & Suites
32 August 2017
federal Endangered Species Act and the California Endangered Species Act. If
determined necessary, the applicant would be required to consult with the agencies,
obtain any applicable state and/or federal permits for impacts to protected species, and
adopt specific avoidance measures in coordination with the agencies. Implementation of
this measure would further ensure that impacts to special-status species remain less than
significant.
b) Would the project have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies, regulations,
or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
There are no riparian areas located within the project site. The Hinebaugh Creek Flood
Channel is located immediately south of the project site, but the proposed project does
not include alterations within the adjacent Creek area.
Due to the highly disturbed nature of the project site, no potentially jurisdictional
wetlands or waters are present (Dudek 2017). Indirect effects may occur to Hinebaugh
Creek, which is likely a jurisdictional feature, in the form of sedimentation or runoff from
development of the site. However, as discussed further in Section 2.9 Hydrology and
Water Quality, the project would be required to implement Mitigation Measure HYDRO-
1, which requires compliance with Waste Discharge Requirements issued by the North
Coast Regional Water Quality Control Board (RWQCB). During construction, the project
would be required to implement a Stormwater Pollution Prevention Plan (SWPPP) to
ensure that runoff from the site does not violate any water quality standards or waste
discharge requirements. The RWQCB must approve the SWPPP and issue Waste
Discharge Requirements for the project before a grading permit is issued by the City.
Upon completion of the project, runoff generated from the developed site would be
treated on-site. Compliance with stormwater permit requirements through the
implementation of site-specific stormwater capture and treatment Best Management
Practices (BMPs), as well as maintenance and inspection requirements for those BMPs
would ensure that sedimentation or runoff impacts to Hinebaugh Creek are reduced to a
less than significant level.
c) Would the project have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means?
Refer to answer provided in ‘b’ above.
Initial Study
Fairfield Inn & Suites
33 August 2017
d) Would the project interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife nursery sites?
The project site does not function as a wildlife corridor and does not support any wildlife
nursery sites. As a result, implementation of the proposed project would result in no
impacts to these resources.
e) Would the project conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance?
The project site is located within the area covered by the Santa Rosa Plain Conservation
Strategy (USFWS 2005). The purpose of the Conservation Strategy is to create a long-
term conservation program to assist in the recovery of CTS and four listed plant species.
The project site is identified on the Conservation Strategy Map as “Areas Within 1.3
Miles of Known CTS Breeding.” As identified in the Conservation Strategy, impact to
CTS is not likely on some lands within 1.3 miles from breeding sites that are surrounded
by significant barriers or are otherwise unsuitable CTS habitat (USFWS 2005). As
discussed in criterion ‘a’ above, no CTS have been identified on the project site and it is
highly unlikely this species would utilize the disturbed habitat within the project site. In
addition, the CTS Habitat Assessment concluded that the adjacent Hinebaugh Creek does
not provide suitable breeding habitat for this species (Dudek 2017a). Prior to issuance of
grading permits, the project would be required to implement Mitigation Measure BIO-4,
which requires the project applicant to demonstrate compliance with all applicable state
and federal resource agency requirements for species protected under the federal
Endangered Species Act and the California Endangered Species Act. submission of the
CTS Habitat Assessment (Dudek 2017a) to the USFWS and CDFW for their concurrence
with the report findings. Implementation of Mitigation Measure BIO-4 would ensure that
impacts related to possible conflicts with CTS and the Conservation Strategy would
remain less than significant.
The site is not included in any other local, regional, or state habitat conservation plan, and
there are no protected trees (i.e., oaks and other native trees of significant size) located on
the project site. No impacts to other local policies, ordinances or plans would be
expected to occur from implementation of the project.
f) Would the project conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
Initial Study
Fairfield Inn & Suites
35 August 2017
(which specifically protects raptors). A preconstruction nesting bird survey should
be conducted by a qualified biologist no sooner than 10 days prior to construction
activities to determine if any native birds are nesting on or near the site (including
a 250-foot buffer for raptors). If any active nests are observed during surveys, a
suitable avoidance buffer will be determined and flagged by the qualified
biologist based on species, location and planned construction activity. These nests
would be avoided until the chicks have fledged and the nests are no longer active.
It is also recommended that the removal of any habitat (i.e. trees) occur outside of
the breeding bird season.
Mitigation Measure BIO-4: Prior to issuance of grading permits, the applicant shall
demonstrate compliance with all applicable state and federal resource agency
requirements for species protected under the federal Endangered Species Act and
the California Endangered Species Act. The applicant shall consult with the
regulatory agencies, obtain any required state and/or federal permits for impacts
to protected species, and/or adopt specific avoidance measures in coordination
with the regulatory agencies, if necessary..submit the California Tiger Salamander
Habitat Assessment prepared for the project to the USFWS and the CDFW for
review and concurrence with the report findings.
Potentially Significant Impact
Less Than
Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined
in §15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
2.5 Cultural Resources
Records Search
Initial Study
Fairfield Inn & Suites
91 August 2017
Potentially
Significant Impact
Less Than
Significant with
Mitigation Incorporated
Less Than
Significant Impact No Impact
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
2.19 Mandatory Findings of Significance
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or endangered
plant or animal, or eliminate important examples of the major periods of California
history or prehistory?
To ensure that the project does not degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce
the number or restrict the range of a rare or endangered plant or animal, this Initial Study
has identified several mitigation measures for implementation. Mitigation Measure BIO-
1, BIO-2, BIO-3 which would require preconstruction surveys for burrowing owls,
western pond turtles, and nesting birds, and Mitigation Measure BIO-4 requires the
project applicant to demonstrate compliance with all applicable state and federal resource
agency requirements for species protected under the federal Endangered Species Act and
the California Endangered Species Act. Implementation of these measures would ensure
impacts to special status and migratory birds would be less than significant. Additionally,
Mitigation Measures HYDRO-1 and HYDRO-2 would reduce the potential for
construction to result in the degradation of habitat for special status species.
Though there have been no important historic or prehistoric resources identified on the
project site, implementation of Mitigation Measures CUL-1, CUL-2, and CUL-3 would
ensure that the project has a less than significant impact on cultural resources.
PLANNING COMMMISSION RESOLUTION NO. 2017-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING SITE PLAN AND
ARCHITECTURAL REVIEW FOR FAIRFIELD INN AND SUITES LOCATED AT 405
MARTIN AVENUE (APN 143-040-120) FILE NO. PLSR16-0002
WHEREAS, the applicant, Tejal Patel, of Rohnert Park Lodging, LLC, has submitted a
Site Plan and Architectural Review for a 100-room hotel located on property at 405 Martin Avenue
(APN 143-040-120); and
WHEREAS, Planning Application No. PLSR16-0002 was processed in the time and
manner prescribed by State and local law; and
WHEREAS, the project is located in the Regional Commercial Zoning District , and so
designated in the Rohnert Park Zoning Map;
WHEREAS, on September 14, 2017, the Planning Commission reviewed Planning
Application No. PLSR16-0002 at which time interested persons had an opportunity to testify either
in support of or opposition to the project; and,
WHEREAS, at the September 14, 2017, Planning Commission meeting, upon considering
all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered
all the facts relating to Planning Application No. PLSR16-0002.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Factors Considered. The Planning Commission, in approving Planning
Application No. PLSR16-0002, makes the following findings, to wit:
A. That the developments general appearance is compatible with existing development and
enhances the surrounding neighborhood.
Criteria Satisfied The building design will be consistent with other structures in the
immediate area including the existing Ashley Furniture, the planned Westside Public
Safety Station (the colors of which directly compliment the Fairfield Hotel colors), the
newly approved Cambria Hotel, and the remainder of the planned Five Creek project. The
appearance of the hotel is also complimentary to the recently completed nearby Fiori
Estates apartment complex. The hotel will be an attractive addition to the west side of town.
Special care has been taken to ensure that all buildings within the adjacent Stadium Area
Master Plan have a consistent architectural character, and while the Fairfield Inn is not
within the SAMP, but merely adjacent to it, the design for the hotel has been carefully
articulated so as to compliment this emerging area of the city. Architecture, landscaping
choices, lighting elements, and overall site design components give the hotel and the
emerging neighborhood around it a consistent look and feel that enhances what already
exists.
B. That the development incorporates a variation from adjacent on-site and off-site structures
in height, bulk, and area; arrangement on the parcel; openings or breaks in the façade
facing the street; and/or the line and pitch of the roof.
Criteria Satisfied. The new building has an attractive appearance with a variety of materials
including stone, stucco in various tones, and faux wood cement board. There is articulation
in the building walls including setback and variations in the roof height. The porte-cochere
provides an inviting entrance to the building and further enhances its attractiveness with
variation in bulk and façade depth. A pool the rear of the hotel with an attractive metal
fence. Attractive lighting and signage further enhances the visual quality of the structure.
The rear of the hotel will provide an attractive frontage with lighting for the Hinebaugh
Creek trail. While the hotel is set back from the planned Martin Avenue extension,
landscaping, the height of the building, and the porte-cochere will insure the building
maintains a visually attractive presence in this area of the city.
C. That the development will be located and oriented in such a manner so as to provide
pedestrian, bicycle and vehicular connections with adjacent properties, as appropriate,
and avoids indiscriminate location and orientation.
Criteria Satisfied. Vehicular access to the property is from Martin Avenue, at the Dowdell
Avenue intersection. There is vehicular access to Rohnert Park Expressway and Highway
101. There are bike lanes on Dowdell Avenue and access to the Hinebaugh Creek trail.
There is bicycle access to the building from a trail along Hinebaugh Creek and from
Rohnert Park Expressway via Redwood Drive. Pedestrian sidewalks will connect the hotel
to adjacent developments including the Five Creek project and the public sidewalk system.
Bicycle parking and EV charging will be provided onsite. The trail system will provide
access to SMART. Sonoma County Transit runs busses in close proximity to the hotel site.
Section 3. Environmental Clearance. A Mitigate Negative Declaration was prepared for
the hotel project in conformance with the California Environmental Quality Act (CEQA).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PLSR16-0002 subject to the following conditions attached as
Exhibit A.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal
period has expired and that the appeal period shall be ten (10) working days from the date of said
action. No building permits shall be issued until the appeal period has expired, providing there are
no appeals.
DULY AND REGULARLY ADOPTED on this 14th day of September, 2017 by the City
of Rohnert Park Planning Commission by the following vote:
AYES: _____ NOES:_____ ABSENT:_____ ABSTAIN:_____
ADAMS_____ BLANQUIE _____ BORBA _____ GIUDICE _____ HAYDON ____
________________________________________________________
Susan Haydon, Chairperson, Rohnert Park Planning Commission
Attest: ________________________________
Susan Azevedo, Recording Secretary
1
Exhibit A
ADOPTED PER PLANNING COMMISSION RESOLUTION No. 2017-24
Conditions of Approval
Site Plan and Architectural Review: Fairfield Inn and Suites
The conditions below shall apply to the Fairfield Inn and Suites project located at 405 Martin
Avenue (PLSR16-0002).
General Conditions
1. The Site Plan and Architectural Review approval shall expire one year from the
Planning Commission approval date, unless prior to the expiration a building permit
is issued and construction is commenced and diligently pursued toward completion
and the use is initiated, or an extension is requested and approved.
2. All applicable provisions of the City of Rohnert Park Municipal Code, are made a
part of these conditions of approval in their entirety, as if fully contained herein.
3. The violation of any condition listed herein shall constitute a nuisance and a
violation of the RPMC. In conformity with Chapter 1.16 of the RPMC, a violation
of the RPMC may be an infraction or a misdemeanor and shall be punishable as
provided by law. In addition to criminal penalties, the City may seek injunctive
relief. The Applicant agrees to pay for all attorney’s fees and costs, including, but
not limited to, staff time incurred by the City in obtaining injunctive relief against
the Applicant as a result of a failure of the Applicant to fully perform and adhere to
all of the Conditions of Approval.
4. The Applicant agrees to defend, indemnify, hold harmless and release the City of
Rohnert Park, its agents, officers, attorneys and employees from any cla im, action
or proceedings brought against any of the above, the purpose of which is to attack,
set aside, void, or annul the approval of this application or certification of the
environmental document which accompanies it. This indemnification obligation
shall include but not be limited to, damages, costs, expenses, attorneys’, or expert
witness fees that may be asserted by any person or entity, including the Applicant,
whether or not there is concurrent passive or active negligence on the part of the
City, its agents, officers, attorneys or employees.
5. Place Conditions of Approval on general notes on plan sheets.
5.6.Applicant shall comply with all mitigation measures contained within the project’s
Mitigated Negative Declaration document and all applicable federal and state
resource agency requirements, and, if necessary, obtain any required state and/or
federal permits.
2
Design Conditions
6.7.The project shall be designed and improved and installed to be consistent with the
related Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program.
7.8.The Project is approved as shown in Exhibits A through J attached to the September
14, 2017 Planning Commission staff report except as conditioned or modified
below.
8.9.The applicant shall submit and receive approval for a Master Sign Program and Sign
Review Application prior to installation of any signs.
9.10. All exterior lighting shall be LED including wall lights on the building .
10.11. Provide a dewatering plan as part of the grading permit if groundwater is
expected to be encountered (refer to soils report for GWE to determine if it is needed).
11. The parcel owner shall enter into a Master Maintenance Agreement with the City; An
executed agreement shall be executed prior to tempo rary certificate of occupancy.
12. Landscaping shall be constructed in accordance with the State’s Model Water
Efficient Landscaping Ordinance (MWELO), or in accordance with water
conservation standards which meet or exceed the requirements of the MWELO. The
Applicant shall submit a landscaping and irrigation plan that identifies landscape
material types and locations, irrigation, water usage calculations, and other
information as required. The plan shall be submitted to and reviewed and approved
by the Development Services Department prior to construction. All costs for review
of the requirements of the MWELO shall be borne by the Applicant. All
landscaping and irrigation subject to the MWELO shall be substantially complete
prior to the issuance of a Certificate of Occupancy.
13. Landscaping shall be irrigated using recycled water, to the extent that recycled
water is available. The project shall apply for and comply with the City’s standard
Recycled Water Use Agreement.
14. Any new trees within five (5) feet of the public right -of-way or within five (5) feet
of any paved areas within the project shall have root barriers that are approved by
the City Engineer. Any variances from this requirement shall be noted on the
drawings for review and approval by the City Engineer..
15. Prior to the issuance of Building Permits, a copy of all necessary easements and
access agreements for the secondary access through the Ashley Furniture property
shall be provided to the City.
3
16. Repaving of the intersection of Martin Avenue and Dowdell Avenue shall be
required once all public utilities are tied in. Paving shall include entire intersection
of Martin Avenue and Dowdell, ten feet beyond the intersection on the north and
eastern legs of intersection (Which are public ROW), and to the property lines on
the south and western legs of the intersection.
17. The trees along the Martin Avenue Extension frontage shall be approved by the
City of Rohnert Park prior to planting and shall mat ch the trees planted along the
City parcel to the immediate west, which are planned to Ginkgo Biloba Maidenhair
Trees.
18. Applicant shall provide plans for additional planters to be located adjacent to either
side of the porte-cochere, per Planning Commission discussion.
19. Onsite parking lot lighting fixtures along the Martin Avenue Extension frontage
shall match to the extent possible the lighting fixtures planned and included in the
adjacent fFire sStation and Five Creek projects.
Public Safety
20. Code Compliance shall be in accordance with: 2016 California Fire Code, 2016
California Building Code, City of Rohnert Park Fire Division Code Ordinance
#920, and NFPA
21. Illuminated addresses shall be plainly visible from the street. Monument sign per
local code.
22. Fire extinguishers shall be installed per the Fire Code.
23. Key boxes shall be provided with a set of permanently labelled keys to entry and
utility doors, pool mechanical building.
24. All work shall be performed in accordance with NFPA standards. The buildings
shall have fire alarms, standpipe and sprinklers per model and lo cal codes.
25. The location of fire riser and fire department connections shall be indicated on
Improvement Plans.
26. The elevator cab shall accommodate a gurney.
27. All work shall comply with all codes, ordinances and standards, whether shown on
the plans or not.
28. Additional Operational Permits may be required prior to occupancy.
4
29. Additional permits may be required by the Sonoma County Emergency Services
Department for hazardous mat erials such as pool chemicals.
30. The entire parking lot and access road is consider ed a Fire Lane. Red curbs and
signage shall be provided. Structural sections shall accommodate fire apparatus.
Provide details on Improvement Plans.
31. Upon completion of work, the Design Professional shall submit complete record
drawings on an approved electronic format, such as a disc or portable external
drive.
Grading and Improvement Plan Requirements
32.31. All improvements shall be designed in conformance with: the City of
Rohnert Park, Manual of Standards, Details and Specifications in effect at the time
of development
33.32. The Project benchmark shall be based on a City approved USGS
benchmark
34.33. The applicant shall provide a geotechnical report, and shall a bide by its
recommendations as a condition of development at the project site.
35.34. The grading plan shall be prepared by a Registered Civil Engineer,
licensed in the State of California and shall be submitted for review and approval by
the City Engineer.
36.35. The grading plan shall clearly show all existing survey monuments and
property corners and shall state that they shall be protected and preserved.
37.36. The Grading Plans shall include the following required notes:
a. "Any excess materials shall be considered the property of the contractor and
shall be disposed of away from the job side in accordance with applicable
local, state and federal regulations."
b. "During construction, the Contractor shall be responsible for controlling
noise, odors, dust and debris to minimize impacts on surrounding properties
and roadways. Contractor shall be responsible that all construction
equipment is equipped with manufacturers approved muffler's baffles.
Failure to do so may result in the issuance of an order to stop work."
c. "If at any time during earth disturbing activities a concentration of artifacts
or a cultural deposit is encountered, work shall stop in the immediate area
and the construction manager shall contact the City and a qualified
archeologist.”
5
d. “If human remains are encountered anywhere on the project site, all work
shall stop in the immediate area and the construction manager shall contact
the City, the County Coroner and a qualified archeologist.”
e. “If paleontological resources or unique geologic features are encountered
during construction, all work shall stop in the immediate area and the
construction manager shall contact the City and a qualified paleontologist.”
f. "Construction work hours shall be consistent with the Rohnert Park
Municipal Code, Noise Ordinance.
g. "All proposed on-site utilities shall be placed underground. This does not
include surface mounted transformers, pedestal mounted terminal boxes and
meter cabinets."
h. "If hazardous materials are encountered during construction, the contractor
will halt construction immediately, notify the City of Rohnert Park, and
implement remediation (as directed by the City or its age nt) in accordance
with any requirements of the North Coast Regional Water Quality Control
Board."
Site Civil and Landscape Plans
38.37. Sidewalk transitions shall be provided to allow a clear five foot walkway
at all locations, including areas where mailboxes, streetlights, street signs and fire
hydrants are to be installed.
39.38. The improvement plans shall illustrate accessible ramps and parking as
required by State of California Title 24.
40.39. Site photometrics are to be submitted with the Site Civil Drawings for
review and approval.
41.40. Landscape plans shall be submitted with the grading permit plans.
Sidewalk alignment shall be shown on both the civil and landscape plans.
42.41. The landscape planting plans need to be compared with the civil
engineering utility plans and confirme d no trees and large shrubs are proposed over
water, sewer and storm drain pipes.
43.42. The portion of the public path behind the hotel shall be brought up to City
Standard 238. Include this upgrade in the grading permit plans.This work needs to
be completed prior to C of O.
44.43. The driveway associated with hotel entrance on Martin Avenue shall
mimic the layout and paving of a 4-way stop on a public street. The driveway will
consist of AC and shall be level with the other components of the Dowdell/Martin
Avenue intersection. A stop sign shall be installed at the entrance, and the curb
ramps around the driveway on the sidewalk must be brought up to current
accessibility standards.
45.44. Provide a signature line on front sheet of the grading plans for the project
geotechnical engineer’s review and approval of the civil engineering site plans.
6
Hydrology, Storm Water and Storm Drain
46.45. The storm drain system shall be designed to meet the requirements of the
Sonoma County Water Agency Flood Control Design Criteria (latest revis ion),
specific to the Project and these conditions. Provide an approval letter from the
Sonoma County Water Agency prior to grading permit issuance.
47.46. The applicant shall prepare and implement a site specific storm water
pollution prevention plan acceptable to the City that identifies best management
practices for effectively reducing discharges of storm water containing sediment
and construction wastes resulting from site construction activities. The applicant
shall also include 5-mm trash screens at the out fall in conformance with trash
capture requirements adopted by the State Water Resources Control Board in April
2015.
48.47. The site shall be in conformance with the City of Santa Rosa Storm Water
Low Impact Development Technical Design Manual (latest edition).
49.48. The project shall apply for and comply with the City’s standard Master
Maintenance Agreement for all onsite storm water best management practices. A
specific maintenance agreement for the site shall be compiled prior to the
Certificate of Occupancy.
50.49. Discharge of runoff onto pavement should be avoided.
51.50. Plans and certifications shall demonstrate compliance of all
improvements, including building pads and finished floor elevations, with the City's
Flood plain Ordinance, to the satisfaction of the Building Official and City
Engineer. Pad elevations shall be constructed at a minimum of 1 foot above the
100-year Floodplain as determined by the City and certified by the project engineer.
52.51. Site drainage design must include facilities for the containment of rec ycled
water runoff due to over irrigation, system leakage or control failure.
53.52. Grading plans shall include an erosion control (winterization) plan. The
plan must include an order of work and staging/scheduling component indicating
when facilities must be installed and when they may be removed. A separate Rain
Event Action Plan (REAP) shall be required and prepared as part of the Storm
Water Pollution Prevention Plan (SWPPP). A copy of the REAP shall be kept on-
site throughout the duration of construction activities. Provide the WDID number
on the front page of the grading plans.
54.53. Drainage from the site must be connected to the new storm water line on
Labath Avenue. All infrastructure associated with the design and installation of the
drainage pipe to Labath Avenue will be at the developer’s expense.
Water System Requirements
55.54. The grading plans shall show backflow prevention devices in accordance
with the requirements of the City of Rohnert Park's Backflow Prevention
Ordinance.
7
56.55. All City water meters shall be located within the right -of-way unless
otherwise approved by the Development Services Department. The grading plans
shall show fire protection in accordance with the requirements of Rohnert Park Fire
Department.
57.56. The grading plans shall show hydrants placed per the direction of the
Rohnert Park Fire Division.
58.57. The grading plans shall include a note that states "All hydrants shall be
covered with bags indicating that the hydrant is not active until flow tests are
completed by the City and the hydrants are approved."
59.58. The on-site fire sprinkler system services shall be separated from the fire
hydrants by a single-check valve per City Standard STD-879. The Fire Marshall
shall be consulted on this item.
Sewer System Requirements
60.59. Sewer grades must be designed such that ultimate finished floors are a
minimum of 12" above upstream manhole or clean-out rim elevations.
61.60. The pool shall be plumbed to drain/back wash into the sanitary sewer
system. This shall be clearly shown on the pool construction plans.
Recycled Water System Requirements
62.61. The grading plans shall show recycled water use for irrigation.
63.62. The recycled water system improvements shall be designed in accordance
with the City of Santa Rosa’s Recycled Water Users Guide, the City of Santa Rosa
and City of Rohnert Park standards, Title 22 of the California Code of Regulations
and the requirements of the North Coast Regional Water Quality Control Board.
64.63. All recycled water mains, service laterals, plumbing, valves, pipes,
appurtenances, irrigation parts, vaults and boxes must be purple. Recycled water
notification signs shall be installed as directed by the City Engineer. Recycled water
spray, mists and ponding must not be present in any designated eating area. All
drinking fountains must be positioned or shielded to eliminate any exposure to
recycled water sprays or mists.
65.64. Recycled water/potable water dual plumbing design and layout,
construction-installation and final inspection review for individual lots or grouping
of lots must be performed by an AWWA certified Cross Connection Specialist and
all deficiencies must be corrected at the applicant’s expense. Written reports of the
Cross Connection Specialist's finding must be submitted to and approved by the
City.
Dry Utility System Requirements
66.65. All onsite utilities shall be placed underground.
67.66. Show all dry utilities on the grading plans.
Prior to the Issuance of Grading Permits and/or Improvement Agreements
8
68.67. No construction activity may commence until the applicant has
demonstrated to the City that it has filed a Notice of Intent to comply with the
Terms of General Permit to Discharge Storm Water Associated with Construction
Activity (NOI) with the State of California Water Resources Control Board.
69.68. The applicant shall secure an encroachment permit from the City prior to
performing any work within the City right of way or constructing a City facility
within a City easement.
70.69. If the site will require import or export of dirt, the applicant shall submit in
writing the proposed haul routes for the trucks and equipment. The haul routes must
be approved by the City prior to import/export work commencing.
71.70. For a grading permit, the applicant shall secure an approval of a grading
plan prepared by a Registered Civil Engineer lice nsed in the State of California and
pay all required fees.
72.71. The applicant shall provide the city with signed deeds for all on-site and
off-site easements associated with the project.
73.72. All grading plans shall conform to the City’s Municipal code, please refer
to Chapter 15.50 and 15.52 for required submittals.
Prior to the Issuance of the First Building Permit
74.73. The applicant shall provide pad certifications for the site on which the
building permit is requested.
During Construction
75.74. All construction shall conform to the City's most current Manual of
Standards, Details, and Specifications latest edition, all City Ordinances and State
Map Act and the approved plan.
76.75. Provide the final Storm Water Mitigation Plan for review and approval by
the City.
77.76. The applicant shall complete all water and wastewater improvements,
including pressure and bacterial testing and raising manholes and cleanouts to grade
prior to connection of any improvements to the City water or wastewater systems.
78.77. If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Sonoma County
Environmental Health Department, the Fire Department, the Police Department,
and the Development Services Inspector shall be notified immediately. Work shall
not proceed until clearance has been issued by all of these agencies.
79.78. The applicant shall be responsible to provide erosion and pollution control
in accordance with the approved plans and permits.
80.79. The applicant shall keep adjoining public streets free and clean of project
dirt, mud, materials, and debris during the construction period.
9
81.80. If grading is to take place between October 15 and April 15, both
temporary and permanent erosion control measures, conforming to the project
erosion control plans shall be in place before October 1st. Erosion control measures
shall be monitored and maintained continuously throughout the storm season.
82.81. The following minimum Best Management Practices (BMPs) shall be
required during construction:
a. Construction crews shall be instructed in preventing and minimizing
pollution on the job.
b. Construction entrances/exits shall be stabilized to prevent tracking onto
roadway.
c. Exposed slopes shall be protected from erosion through preventative
measures.
d. Use brooms and shovels when possible to maintain a clean site
e. Designate a concrete washout area. Maintain washout area and dispose of
concrete waste on a regular basis.
f. Protect drain inlets from receiving polluted storm water through the use of
filters such as fabrics, gravel bags or straw wattles.
g. Have necessary materials onsite before the rainy season
h. Inspect all BMPs before and after each storm event. Maintain BMPs on a
regular basis and replace as necessary, through the entire course of
construction.
i. All construction implementation measures as outlined in the approved
Mitigation Monitoring and Reporting Program.
83.82. Where soil or geologic conditions encountered in grading operations are
different from that anticipated in the soil and/or geologic investigation report, or
where such conditions warrant changes to the recommendations contained in the
original soil investigation, a revised soil or geologic report shall be submitted for
approval by the City Engineer. It shall be accompanied by an engineering and
geological opinion as to the safety of the site from hazards of land slippage,
liquefaction, erosion, settlement, and seismic activity.
84.83. Hours of work shall be limited to between 8 a.m. to 6 p.m. Monday
through Friday. Work on Saturday or Sunday will only be permitted with written
permission from the City. Requests for extended hours must be submit ted 72 hours
in advance.
85.84. Throughout the construction of the project, dust control shall be
maintained to the satisfaction of the City. At a minimum the dust control measures
will include:
Cover all trucks hauling construction and demolition debris from the site.
Water on a continuous as-needed basis all earth surfaces during clearing,
grading, earthmoving, and other site preparation activities.
10
Use watering to control dust generation during demolition...
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved parking areas and staging areas.
Sweep daily (with water sweepers) all paved areas and staging areas.
Provide daily clean-up of mud and dirt carried onto paved streets from the
site.
Properly maintain all constructio n equipment.
For construction sites near sensitive receptors (or if residential development
occurs prior to commencement of commercial development):
Install wheel washers for all existing trucks, or wash off the tires or tracks of
trucks and equipment leaving the site.
Suspend dust-producing activities during periods when instantaneous gusts
exceed 25 mph when dust control measures are unable to avoid visible dust
plumes.
Limit the area subject to excavation, grading and other construction or
demolition act ivity at any one time.
86.85. Idling times shall be minimized either by shutting equipment off when not
in use or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Title 13, § 2485 of California Code of
Regulations). Clear signage regarding idling restrictions shall be provided for
construction workers at all access points.
87.86. The applicant shall post a publicly visible sign with the telephone number
and person to contact at the construction site and at t he City of Rohnert Park
regarding dust complaints. The applicant shall respond and take corrective action
within 48 hours. The Bay Area Air Quality Management District’s phone number
shall also be visible to ensure compliance with applicable regulations.
88.87. The applicant shall post signs of possible health risk during construction.
The applicant is responsible for compliance with the Bay Area Air Quality
management District’s rule regarding cutback and emulsified asphalt paving
materials.
89.88. The applicant shall repair all construction related damage to existing
public facilities (streets, sidewalks, utilities etc.) at no cost to the City.
90.89. If, during construction, the contractor damages any existing facilities on
the neighboring properties (i.e. fences, gates, landscaping, walls, etc.) contractor
shall be responsible to replace all damaged facilities.
Prior to Occupancy
91.90. All water system improvements necessary to provide fire flows and
pressures shall be installed and operational
92.91. All improvements shown in the improvement plans deemed necessary for
the health, safety and welfare of the occupant and general public shall be
completed.
11
93.92. All permanent BMPs shall be installed that capture all tributary areas
relating to the hotel’s runoff.
94.93. The applicant shall have entered into the City’s standard Master
Maintenance Agreement with the City to address long term maintenance of, among
other things, the storm water BMPs.
95. The applicant shall have entered into the City’s standard Recycled Water
Agreement, designate site supervisor(s) and undertake any other activities
necessary.
96.94. The applicant shall provide a written statement signed by his or her
engineer verifying that the grading and/or drainage improvements are completed in
accordance with the plans approved by the Sonoma County Water Agency, the City
Engineer, and the Building Official.
97.95. A complete set of As-Built or Record, improvement plans on the standard
size sheets shall be certified by the Civil Engineer licensed in the State of California
and returned to the City Engineer's office prior to final acceptance of the public
improvement. These shall show all constructive changes from the original plans
including substantial changes in the size, alignment, grades, etc. during
construction. Approved Record Drawings shall be provided to the City geo-
referenced in Autocad DWG and & PDF File formats.
State of California -The Natural Resources Agency
DEPARTMENT OF FISH AND WILDLIFE
Bay Delta Region
7329 Silverado Trail
Napa,CA 94558
(707)944-5500
www.wildlife.ca.gov
September 8,2017
EDMUND G.BROWN JR.,Governor
CHARLTON H.BONHAM,Director
Mr.Jeffrey Beiswenger
Planning Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park,CA 94928
Dear Mr.Beiswenger:
Subject:Fairfield Inn and Suites,Mitigated Negative Declaration,SCH#2017082034,
City of Rohnert Park,Sonoma County
The California Department of Fish and Wildlife (CDFW)received a Notice of Intent to Adopt a
Mitigated Negative Declaration (MND)from the City of Rohnert Park for the Fairfield Inn and
Suites (Project)pursuant the California Environmental Quality Act (CEGA).
CDFW is submitting comments on the draft MND as a means to inform the City of Rohnert Park
(City)as the Lead Agency,of our concerns regarding potentially significant impacts to sensitive
resources associated with the proposed Project.
CDFW ROLE
CDFW is a Trustee Agency with responsibility under CEQA (Pub.Resources Code,§21000 et
seq.)pursuant to CEQA Guidelines section 15386 and for commenting on projects that could
impact fish,plant and wildlife resources.CDFW is also considered a Responsible Agency if a
project would require discretionary approval,such as a California Endangered Species Act
(CESA)or Native Plant Protection Act permit,a Lake and Streambed Alteration Agreement,or
other provisions of the Fish and Game Code that afford protection to the State’s fish and wildlife
trust resources.
REGULATORY REQUIREMENTS
California Endangered Species Act:Please be advised that a CESA permit must be obtained if
the project has the potential to result in “take"of plants or animals listed under CESA,either
during construction or over the life of the project.Issuance of a CESA permit is subject to CEQA
documentation;the CEQA document must specify impacts,mitigation measures,and a
mitigation monitoring and reporting program.If the Project will impact CESA listed species,early
consultation is encouraged,as significant modification to the Project and mitigation measures
may be required in order to obtain a CESA Permit.
CEQA requires a Mandatory Finding of Significance if a project is likely to substantially restrict
the range or reduce the population of a threatened or endangered species.(Pub.Resources
Code,§§21001,subd.(c),21083;CEQA Guidelines,§§15380,15064,and 15065).Impacts
must be avoided or mitigated to less-than-significant levels unless the CEQA Lead Agency
Conserving Catifornia’s VCikCCife Since 1870
Mr.Jeffrey Beiswenger
September 8,2017
Page 2
makes and supports Findings of Overriding Consideration (FOC).The CEQA Lead Agency’s
FOC does not eliminate the Project proponent’s obligation to comply with Fish and Game Code
section 2080.
PROJECT DESCRIPTION SUMMARY
Proponent:Rohnert Park Lodging,LLC
Objective:Construct a five story,100-room hotel and 105 parking spaces on a vacant,
1.83-acre parcel
Location:405 Martin Avenue,Rohnert Park,Sonoma County,GPS coordinates 38.351083,
-122.719778.The project is situated in upland,disturbed non-native grassland habitat adjacent
Hinebaugh Creek.
Timeframe:Approximately 10 months upon Project approval
COMMENTS AND RECOMMENDATIONS
CDFW offers the below comments and recommendations to assist the City of Rohnert Park in
adequately identifying and/or mitigating the Project’s significant,or potentially significant,direct
and indirect impacts on fish and wildlife (biological)resources.Based on the Project's avoidance
of significant impacts on biological resources,in part through implementation of CDFW’s
recommendations,CDFW concludes that an MND is appropriate for the Project.
Environmental Setting
MANDATORY FINDINGS OF SIGNIFICANCE Does the Project have the potential to threaten to
eliminate a plant or animal community,or substantially reduce the number or restrict range of a
rare or endangered plant or animal?
Comment 1:Section 2.4,Page 30 and Appendix B California Tiger Salamander Habitat
Assessment
Issue:The MND does not adequately support its conclusion that the Project would result in no
impacts to California tiger salamander (CTS;Ambystoma californiense).The MND relies on the
Appendix B California Tiger Salamander Habitat Assessment (assessment),which does not
include the below considerations.
CTS Occurrence Record Overlaps Project Area:A CTS adult occurrence record
overlaps the Project area on Figure 2 of the Santa Rosa Plains Conservation Strategy
(U.S.Fish and Wildlife Service 2005).
CTS Could Migrate to Project Area:Hinebaugh Creek provides a potential migration
route between the Project area and potential breeding habitat 0.8 miles to the west.
Based on a reconnaissance survey by CDFW staff on August 25,2017,there are no
migration barriers between the potential breeding habitat and the project area along
Hinebaugh Creek and its adjacent walking path.
Refuaia for CTS are Present in Project Area:CDFW staff observed small mammal
burrows and large soil cracks within the project area and the surrounding land that could
Mr.Jeffrey Beiswenger
September 8,2017
Page 3
provide refugia.Staff also observed an active small mammal (vole or mouse)on
contiguous land just north of the Project area.
Specific impact The Project may result in CTS injury,mortality,and habitat loss.
Why impact would occur:The Project could directly affect CTS by crushing,killing,or injuring
individuals by vehicles,equipment and workers during construction work,transport of supplies
and workers,and on-site storage of construction materials and equipment.CTS could be killed
or injured during earth-moving activities such as grading and trenching.CTS could be entombed
in burrows or other suitable refugia during excavation,grading,or fill activities,or become
trapped in trenches and pipes.CTS could desiccate during dispersal movements due to loss of
burrows or other refugia.
The proposed building and parking lot may result in the permanent loss of 1.83 acres of CTS
upland habitat.The Project as proposed has the potential to result in take of CTS;therefore,
CDFW recommends applying for a CESA Incidental Take Permit (ITP)(see proposed Mitigation
Measure 1 below).
Evidence impact would be significant:The CTS Sonoma County Distinct Population Segment
qualifies an endangered and threatened animal under CEQA because it is listed as threatened
pursuant to CESA and endangered under federal Endangered Species Act.[CEQA Guidelines,
§15380,subd.(c)(1)].
CTS is endemic to California and numerous populations have been extirpated.Upland habitat
destruction from urban and agriculture uses are indicated as a major cause of population
decline,which is also attributed to breeding habitat destruction,habitat fragmentation,effects of
introduced non-native species,and artificial migration barriers (CDFG 2009).
Based on the foregoing,Project impacts would potentially substantially reduce the number or
restrict the range of CTS.Therefore,Project impacts to CTS would be potentially significant.
Mitigation Measure 1:
To reduce impacts to less-than-significant:CDFW recommends that the City of Rohnert Park
require a thorough analysis of the potential for CTS within the Project area.If the potential
exists,CDFW recommends that the City of Rohnert Park:
1)Revise the MND to identify potentially significant impacts to CTS described above and
include avoidance,minimization,and mitigation measures,such as:implementing
seasonal work restrictions,pre-construction surveys by a qualified biologist,biological
monitoring,and permanent protection and perpetual management of compensatory
habitat,etc.This revision may require MND recirculation,whereby CDFW may provide
additional comments on proposed mitigation measures.[CEQA Guidelines,15073.5,
subd.(b)(1)],
2)If take of CTS may occur,recommend that the Project proponent apply for a CESA ITP
for CTS.CDFW Bay Delta Region staff is available to provide guidance on the ITP
application process.
Mr.Jeffrey Beiswenger
September 8,2017
Page 4
Comment 2:Appendix B Biological Constraints Report
Issue:The MND Appendix B states that foothill yellow-legged frog (FYLF;Rana boylii)is not
expected to occur in the Project area due to a lack of suitable habitat.However,the MND does
not include the below considerations.
FYLF CESA Protection:In July 2017,the Fish and Game determined that FYLF is
candidate species under CESA.Candidate species are afforded the same protections as
threatened and endangered species (Fish and Game Code section 2085).
FYLF Occurrence Records in Vicinity:California Natural Diversity Database 2010 has a
recorded occurrence of FYLF in Crane Creek approximately four miles west of the
project area.The confluence of Crane creek and Hinebaugh Creek,adjacent to the
Project Area,is approximately 1.8 miles east of the Project area and well within the
species’mobility range.The species has been documented to travel along streams
4,547 feet per day up to 4.3 miles (Thompson et al.2016).There is also a recorded
occurrence in Copeland Creek approximately two miles southeast of the Project area.
FYLF Potential Habitat in Project Area:Hinebaugh Creek and adjacent uplands including
the Project area may provide suitable habitat for FYLF.Different life stages of FYLF use
a variety of habitat types for development,foraging,and overwintering (Thompson et al.
2016).The species is most common along streams with rocky bottoms but has been
found along streams with mud bottoms (Stebbins 1951).They have also been found in
streams lacking a cobble or larger-sized substrate grain (Jennings and Hayes 1994).
FYLF utilizes upland habitats adjacent to streams and have been observed 164 feet
away from streams under rocks or other refugia (Nussbaum et al.1983;Thompson et al.
2016;Zweifel 1955).Little information about FYLF terrestrial movements is known and
the species may travel farther from streams.
Specific impact.The Project may result in FYLF injury,mortality,and habitat loss.
Why impact would occur:If FYLF is within or near the Project site,the Project may directly affect
FYLF by crushing,killing,or injuring individuals by vehicles,equipment and workers during
construction work,transport of supplies and workers,and onsite storage of construction
materials and equipment.FYLF could be killed or injured during earth-moving activities such as
grading and trenching,or become trapped in trenches and pipes.FYLF could desiccate during
terrestrial movements due to loss of refugia such as rocks,logs,or vegetative cover.
The proposed building and parking lot may result in the permanent loss of up to 1.83 acres of
upland habitat.The Project has the potential to result in take of FYLF;therefore,a CESA ITP
from CDFW may be warranted (see proposed Mitigation Measure 2 below).
Evidence impact would be significant:FYLF is listed as a candidate species and candidate
species are afforded the same protections as threatened and endangered species (Fish and
Game Code section 2085).Additionally,FYLF may be considered a rare species under CEQA
(CEQA Guidelines,§15380)because the species is nearly endemic to California and has been
extirpated from a large portion of its historical range,and individual population sizes have
declined (Thompson et al.2016).Additionally,Thompson et al.(2016)designated FYLF as a
Mr.Jeffrey Beiswenger
September 8,2017
Page 5
Priority 1 species due to the magnitude of threats it is facing.FYLF is also a CESA candidate
species.
Based on the foregoing,Project impacts may substantially reduce the number or restrict the
range of FYLF.Therefore,Project impacts to FYLF would be potentially significant.
Mitigation Measure 2:
To reduce impacts to less-than-significant:CDFW recommends that the City of Rohnert Park
require a thorough analysis of the potential for FYLF to utilize Hinebaugh Creek and the Project
area,and strongly consider surveys for the species.If the potential exists,CDFW recommends
that the City of Rohnert Park:
1)Revise the MND to identify the potentially significant impacts to FYLF described above
and include avoidance,minimization and mitigation measures,such as:habitat
assessment,pre-construction surveys by a qualified biologist and biological monitoring,
seasonal work windows,stop work if FYLF are found nearby or on-site and consult with
CDFW,etc.If found on-site or nearby,a CESA UP and compensatory habitat may be
warranted.Such a revision may require MND recirculation,whereby CDFW may provide
additional comments on proposed mitigation measures.
2)If take of FYLF may occur,recommend that the Project proponent apply for a CESA ITP
for FYLF.
FILING FEES
The Project,as proposed,would have an impact on fish and/or wildlife,and assessment of filing
fees is necessary.Fees are payable upon filing of the Notice of Determination by the Lead
Agency and serve to help defray the cost of environmental review by CDFW.Payment of the fee
is required in order for the underlying project approval to be operative,vested,and final.(Cal.
Code Regs.,tit.14,§753.5;Fish and Game Code,§711.4;Pub.Resources Code,§21089).
CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City of Rohnert Park in
identifying and mitigating Project impacts on biological resources.
Questions regarding this letter or further coordination should be directed to Ms.Melanie Day,
Senior Environmental Scientist (Specialist),at (707)944-5536;or Ms.Karen Weiss,Senior
Environmental Scientist (Supervisory),at (707)944-5525.
Sincerely,
Regional Manager
Bay Delta Region