A G E N D A SUISUN CITY COUNCIL CHAMBERS CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA

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1 CITY COUNCIL Pedro Pete M. Sanchez, Mayor Lori Wilson, Mayor Pro-Tem Jane Day Michael J. Hudson Michael A. Segala A G E N D A CITY COUNCIL MEETING First and Third Tuesday Every Month REGULAR MEETING OF THE SUISUN CITY COUNCIL SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY, AND HOUSING AUTHORITY TUESDAY, MARCH 21, :00 P.M. SUISUN CITY COUNCIL CHAMBERS CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by Councilmember Jane Day from: 301 Morgan Street, Suisun City, CA (Next Ord. No. 744) (Next City Council Res. No ) Next Suisun City Council Acting as Successor Agency Res. No. SA ) (Next Housing Authority Res. No. HA ) ROLL CALL Council / Board Members Pledge of Allegiance Invocation PUBLIC COMMENT (Requests by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code allowing 3 minutes to each speaker). CONFLICT OF INTEREST NOTIFICATION (Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.) REPORTS: (Informational items only.) 1. Mayor/Council - Chair/Boardmembers 2. City Manager/Executive Director/Staff DEPARTMENTS: AREA CODE (707) ADMINISTRATION PLANNING BUILDING FINANCE FIRE RECREATION & COMMUNITY SERVICES POLICE PUBLIC WORKS SUCCESSOR AGENCY FAX

2 March 21, 2017 City Council / Successor Agency / Housing Authority Page 2 PRESENTATIONS/APPOINTMENTS (Presentations, Awards, Proclamations, Appointments). 3. Introduction and Swearing in of Amanda Figaniak, Public Safety Dispatcher (Mattos). CONSENT CALENDAR Consent calendar items requiring little or no discussion may be acted upon with one motion. City Council 4. Council Adoption of Ordinance No. 743: Repealing and Amending Title 18 Zoning of the Suisun City Code (Introduced and Reading Waived on March 7, 2017) (Garben). 5. Council Adoption of Resolution No : Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the McCoy Creek Trail Phase 2 Project (McSorley). Joint City Council / Suisun City Council Acting as Successor Agency 6. Council/Agency approval of the February 2017 Payroll Warrants in the amount of $375, Council/Agency Approval of the February 2017 Payable Warrants in the amount of $714, (Finance). PUBLIC HEARINGS City Council 7. PUBLIC HEARING Amending Section of the Suisun City Code (Lofthus). a. Council Introduce and Waive Reading of Ordinance No. : Amending Section of the Suisun City Code to Prohibit Smoking in Parks and Recreation Facilities; and b. Council Adoption of Resolution No : Designating Certain Open Space Areas as Parks and Recreational Areas, and Designating Certain Facilities as Being Subject to Chapter of the Suisun City Code. GENERAL BUSINESS City Council 8. Council Policy Discussion and Direction with Regard to Marijuana Regulations since the Passage of Prop 64 (Garben). ADJOURNMENT A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The City may charge photocopying charges for requested copies of such documents. Assistive listening devices may be obtained at the meeting

3 March 21, 2017 City Council / Successor Agency / Housing Authority Page 3 PLEASE NOTE: 1. The City Council/Agency/Authority hopes to conclude its public business by 11:00 P.M. Ordinarily, no new items will be taken up after the 11:00 P.M. cutoff and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed. 2. Suisun City is committed to providing full access to these proceedings; individuals with special needs may call Agendas are posted at least 72 hours in advance of regular meetings at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including the Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA, and the Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA. I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda for the meeting of March 21, 2017 was posted and available for review, in compliance with the Brown Act.

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5 Item 4 AGENDA TRANSMITTAL MEETING DATE: March 21, 2017 CITY AGENDA ITEM: Council Adoption of Ordinance No. 743: Repealing and Amending Title 18 Zoning of the Suisun City Code. (Introduced and Reading Waived on March 7, 2017.) FISCAL IMPACT: The project has been fully budgeted as a part of the General Plan/Zoning Ordinance Update project. The consultant, AECOM was contracted for $344,431. BACKGROUND: The update of the zoning ordinance began as a part of the City s contract with AECOM to complete the 2035 General Plan, which was adopted in May Subsequently, AECOM recently completed an update of the Waterfront District Specific Plan, which was adopted by the City Council in November The zoning ordinance update represents the final component of a comprehensive update to the City s long-range planning documents. The 2035 General Plan provides an updated set of policy guidelines for the overall amount, character, and location of urban development, as well as preservation and natural resource conservation, economic development, transportation, safety, public facilities and services, and housing. The amendments to the zoning code are necessary to implement the policies of the General Plan. STAFF REPORT: At the March 7, 2017 City Council meeting, the City Council held a public hearing on a comprehensive update of Title 18 Zoning of the Suisun City Code. Staff presented a few typographical changes to the staff report and Exhibit B of the Ordinance in order to provide a clear record. The Public Hearing was opened and closed with no public comments taken. Additionally, the City Council did not request any changes to the ordinance. Thus, the ordinance was introduced and reading waived. Following City Council adoption, the ordinance would take effect in 30 days. RECOMMENDATION: Adopt Ordinance No. 743: Repealing and Amending Title 18 Zoning of the Suisun City Code. ATTACHMENTS: 1. Ordinance No. 743: Repealing and Amending Title 18 Zoning of the Suisun City Code. a. Title 18 Draft Zoning Code, February 2017 (available in Administration or at ) b. CEQA Exemption: Finding of Consistency, City of Suisun City Zoning Ordinance ( Finding of Consistency ). PREPARED BY: John Kearns, Associate Planner REVIEWED BY: Jason Garben, Development Services Director APPROVED BY: Suzanne Bragdon, City Manager 1

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7 Item 4 ATTACHMENT NO. 1 ORDINANCE NO. 743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY, CALIFORNIA REPEALING AND AMENDING TITLE 18 ZONING OF THE SUISUN CITY CODE WHEREAS, Development Services Department of the City of Suisun City initiated a Zoning Text Amendment to comprehensively amending Title 18 Zoning of the Suisun City Code; and WHEREAS, Title 18 Zoning of the Suisun City Code (hereinafter Zoning Ordinance ) is proposing to amend and update the existing Title 18 Zoning ; and WHEREAS, the proposed Zoning regulations include a greater level of development potential than does the previous Zoning regulations; and WHEREAS, the resulting Zoning Ordinance amendments will act as the primary regulating document relative to zoning citywide; and WHEREAS, the City of Suisun City previously adopted the 2035 General Plan (SCH # ) and certified an Environmental Impact Report (EIR) (SCH # ) for the 2035 General Plan in 2015; and WHEREAS, the EIR certified for the 2035 General Plan analyzed the impacts of development anticipated under the Zoning Ordinance; and WHEREAS, the impacts associated with the types of development accommodated under the zoning amendments, development density, and the locations where development would occur, were previously analyzed in the 2035 General Plan EIR.; and WHEREAS, the 2035 General Plan and its EIR specifically contemplated the Zoning Ordinance amendments would be subject to streamlining under the California Environmental Quality Act (CEQA) based on consistency with those documents; and WHEREAS, the City of Suisun City has conducted an environmental analysis of the Zoning Ordinance, which analysis has determined it to be a project consistent with the 2035 General Plan and EIR certified by the City for the General Plan; and WHEREAS, on December 28, 2016, the City issued a Notice of Intent to Adopt a Finding of Consistency (NOI), which had a comment period open to the public until January 17, 2017; and WHEREAS, the issuance of the NOI included publication in the Daily Republic, which is a newspaper of general circulation, posting the NOI in City Hall, distribution of the NOI and copies of the environmental document to those individuals who requested notification, and distributing or making available copies to other responsible, trustee or affected agencies and interested organizations; and 3

8 Item 4 ATTACHMENT NO. 1 WHEREAS, on December 13, 2016, the Planning Commission conducted a noticed public hearing, received testimony and documents from staff and the City s consultant, provided an opportunity for public comment, closed public comment, and made a recommendation the City Council adopt of a Finding of Consistency that the Zoning Ordinance is consistent with the 2035 General Plan and EIR certified for the General Plan, and adopt Zoning Text Amendment Application No. ZTA 09/ (Zoning Ordinance, Exhibit A); and WHEREAS, on March 7, 2017, the City Council conducted a noticed public hearing, received testimony and documents from staff and the City s consultant, provided an opportunity for public comment, closed public comment, and considered all documents including the Finding of Consistency (CEQA Exemption: Finding of Consistency, Suisun City Zoning Ordinance, Exhibit B ) as well as the draft Zoning Ordinance and other materials; and WHEREAS, based on evidence presented in to the record by the Zoning Ordinance, the environmental review, the Public, Planning Commissioners, and City Council Members, the City Council desires to adopt a Finding of Consistency that the Zoning Ordinance is consistent with the 2035 General Plan and the EIR certified for the 2035 General Plan, and that no additional environmental review is required by CEQA pursuant to Public Resources Code Section and CEQA Guidelines Section 15183; and WHEREAS, the City Council further desires to adopt Zoning Text Amendment Application No. ZTA 09/ NOW THEREFORE, the City Council of the City of Suisun City does ordain as follows: SECTION 1. The above recitals are true and correct and incorporated herein by reference. SECTION 2. All staff reports and analysis submitted in connection with this matter are hereby incorporated by this reference. SECTION 3. Repeal and Enactment. Title 18 Zoning of the Suisun City Code is hereby repealed in its entirety and reenacted as found in Title 18 Zoning Code Draft, February 2017, Exhibit A. SECTION 4. Based upon substantial evidence in the record of proceedings, and based upon its independent judgment and analysis, the City Council adopts a Finding of Consistency for Zoning Text Amendment Application No. ZTA 09/ with the following findings: a. The project is consistent with the 2035 General Plan and with the EIR certified for the 2035 General Plan. The 2035 General Plan and its EIR specifically contemplated the amendments to the Zoning Ordinance which would be subject to streamlining under CEQA based on consistency with those documents. The impacts associated with the types of development accommodated under the zoning amendments, development density, and the locations where development would occur, were previously analyzed in the 2035 General Plan EIR. Mitigation in the certified EIR applicable to the ZOU has been incorporated into the project. As 4

9 Item 4 ATTACHMENT NO. 1 such, the proposed project is consistent with the adopted 2035 General Plan and its EIR. b. There is no substantial new evidence in the record that this project may have additional significant impacts that were not analyzed as significant adverse effects in the EIR prepared for the 2035 General Plan. c. There is no substantial new evidence of potentially significant off-site impacts and cumulative impacts that were not discussed in the EIR certified for the 2035 General Plan, and no potentially significant adverse effects peculiar to the project. d. There are no previously identified significant effects, which as a result of substantial new information which was not known at the time the EIR was certified, determined to have a more severe adverse impact than discussed in the EIR for the 2035 General Plan. In making the findings in this Ordinance, the City Council ratifies, adopts and incorporates in these findings the statements and findings in the attached CEQA Exemption: Finding of Consistency, Suisun City Waterfront District Specific Plan ( Finding of Consistency ), which is attached hereto as Exhibit B and incorporated by reference. The City Council further finds that the Finding of Consistency has been completed in compliance with the requirements of CEQA; all feasible mitigation measures in the certified EIR for the 2035 General Plan applicable to the Zoning Ordinance will be undertaken and are applicable to the project; and no additional environmental review is required by CEQA pursuant to Public Resources Code Section and CEQA Guidelines Section SECTION 5. The City Council adopts Zoning Text Amendment No. ZTA 09/10-001, which shall be called Title 18 Zoning, including the Land Use Map, and finds that: a. Zoning Text Amendment Application No. ZTA 09/ is consistent with and achieves the objectives prescribed in Suisun City Municipal Code; and b. Zoning Text Amendment No. ZTA 09/ is consistent with California Government Code Section and State of California General Plan Guidelines. SECTION 6. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City Council based its decision is as follows: The record of plan approval shall be kept in the office of the City Clerk, City of Suisun City, City Hall, 701 Civic Center Boulevard, Suisun City, California which shall be held by the City Clerk as the custodian of the documents; all other record of proceedings shall be kept with the Development Services Department and the Director of the Development Services Department shall be the custodian of the documents. SECTION 7. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 5

10 Item 4 ATTACHMENT NO. 1 PASSED, APPROVED, AND ADOPTED as an Ordinance at a regular meeting of the City Council of the City of Suisun City, California, on this 21 st day of March CERTIFICATION Pete Sanchez Mayor I, Linda Hobson, City Clerk of the City of Suisun City, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on March 7, 2017 and passed, approved, and adopted by the City Council of the City of Suisun City at a regular meeting held on the 21 st day of March 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: WITNESS my hand and the seal of said City this 21 st day of March Exhibit A: Title 18 Draft Zoning Code, February Linda Hobson, CMC City Clerk Exhibit B: CEQA Exemption: Finding of Consistency, Suisun City Zoning Ordinance Update ( Finding of Consistency ). 6

11 Item 4 Attachment 1 Exhibit B CEQA Exemption: Finding of Consistency City of Suisun City Zoning Ordinance Update 7

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13 PROJECT DESCRIPTION Item 4 Attachment 1 Exhibit B The City of Suisun City (City) is proposing to comprehensively amend Title 18 Zoning of the Suisun City Municipal Code. The City previously prepared and certified an Environmental Impact Report (EIR) for the 2035 General Plan, which was adopted in 2015, and which analyzed the impacts of development. The impacts associated with the types of development proposed citywide including land use designations, development density, and the locations where development would occur, were previously analyzed in the 2035 General Plan EIR. Therefore, pursuant to CEQA and the CEQA Guidelines, the City, as the lead agency, intends to use the 2035 General Plan EIR as the CEQA document for the environmental impacts associated with the updated WDSP. The 2035 General Plan EIR is available for review from the City s website: The 2035 General Plan EIR may also reviewed in person at the City Development Services Department offices, located at 701 Civic Center Boulevard, Suisun City, CA. 1.1 IMPLEMENT THE 2035 GENERAL PLAN In 2015, the City adopted a comprehensively revised General Plan. The 2035 General Plan provides an updated set of policy guidance for the overall amount, character, and location of urban development, as well as preservation and natural resource conservation, economic development, transportation, safety, public facilities and services, and housing. For developed uses within the Zoning Ordinance Update, the allowable floor area ratio (FAR) is 0.25 to 1.0 and for residential only developments, the allowable density is between 4 and 45 units per gross acre. As a part of preparation of the Zoning Ordinance Update, the minimum allowable FAR and the upper end of the FAR range for non-residential and mixed-development within the Zoning Ordinance Update are consistent with the General Plan land use designations. The assumed location, type, and density/intensity of development under the WDSP and the General Plan are the same. As well as the determined consistency above, the General Plan also includes policy guidance for public facilities, bicycle and pedestrian access and mobility, and open space for recreational and natural resources. The General Plan Open Space Diagram illustrates the City s intent for preserving important open spaces (Exhibit 7-3 of the General Plan). Priority conservation and recreational areas are highlighted in this Diagram, which shows areas and other locations for open space. The updated Zoning Ordinance implements the General Plan s policy direction. In addition, the proposed update incorporates changes that are necessary to address current market conditions and the current regulatory environment. 1.2 ALLOWABLE LAND USE The Zoning Map (see Section of the draft Zoning Ordinance) identifies zones that govern future development. Each zone has different allowable land uses, development standards, and other guidelines. These zones include: Low-Density Residential (RL). The Low-Density Residential (RL) zoning district is applicable to parcels, where dwellings developed in the four (4) to ten (10) dwelling units per gross acre range, are the primary land use. Residential Zoning Ordinance Update AECOM City of Suisun City 2-1 CEQA Exemption Finding of Consistency 9

14 Item 4 Attachment 1 Exhibit B dwelling types in the RL district may include single-family detached dwellings on smaller standard lots, two-family dwellings (duplexes or duets, townhomes (attached and detached), and other dwellings within the specified density and intensity range. The RL zone is consistent with the Low- Density Residential land use designation in the General Plan. Medium-Density Residential (RM). The Medium-Density Residential(RM) zoning district is applicable to parcels, where dwellings developed in the 10.1 to 20 dwelling units per gross acre range, are the primary land use. Residential dwelling types in the RM district may include single-family detached dwellings on small lots, twofamily dwellings (duplexes or duets), townhomes (attached and detached), multi-family apartments and condominiums, and other dwellings within the specified density and intensity range. The RM zone is consistent with the Medium Density Residential land use designation in the General Plan. High-Density Residential 1 (RH1). The High-Density Residential 1 (RH1) zoning district is applicable to parcels, where dwellings developed in the 20.1 to 30 dwelling units per gross acre range, are the primary land use. Dwelling types in the RH district may include multi-family dwellings in a variety of formats, including attached townhomes and garden court formats, and representing surface and tuck-under parking arrangements. The RH1 zone is consistent with the High-Density Residential land use designation in the General Plan. High-Density Residential 2 (RH2). The High-Density Residential 2 (RH2) zoning district is applicable to parcels, where dwellings developed in the 20 to 45 dwelling units per gross acre range, are the primary land use. Dwelling types in the RH2 district may include multi-family dwellings in a variety of formats, including townhomes and garden court apartments, with surface, tuck under, and podium parking arrangements. The RH 2 zone is consistent with the High Density Residential land use designation in the General Plan. Residential Mixed Use (RMU) The Residential Mixed Use (RMU) zoning district is applicable to parcels, where a variety of residential dwelling types and complementary nonresidential uses are desired in proximity. Dwellings in the RMU zone will be developed in the 10 to 45 dwelling units per gross acre range and nonresidential intensities within the 0.3 to1.0 floor area ratio range, with residential uses as the primary use and nonresidential as a secondary use. The RMU zone is consistent with the Mixed Use land use designation in the General Plan. Commercial Retail (CR). The Commercial Retail (CR) zoning district is applicable to parcels where the sale of goods and services is the primary intended use. This includes large format retail establishments, as well as smaller commercial businesses scaled to neighborhood-serving goods and services meeting the density and intensity standards defined in Section The CR zone is consistent with the Commercial land use designation in the General Plan. Commercial Services and Fabricating (CSF). The Commercial Services and Fabricating (CSF) zoning district is applicable to parcels where a mix of retail, services, wholesale, warehousing, light assembly, and manufacturing uses are desirable. Uses in this zone are subject to the density and intensity standards identified in Section and the AECOM Zoning Ordinance Update CEQA Exemption Finding of Consistency 2-2 City of Suisun City 10

15 Item 4 Attachment 1 Exhibit B development standards defined in Section The CSF zone is consistent with the Commercial land use designation in the General Plan. Commercial Mixed Use (CMU). The Commercial Mixed Use (CMU) zoning district is applicable The Commercial Mixed Use (CMU) zoning district is applicable to parcels where a variety of commercial uses are desired as the primary use, with residential uses permitted as a secondary use. Commercial and other nonresidential uses in this zone may be within the floor area ratio range, with residential uses to be developed within the dwelling units per acre range. Residential uses are not required on any given parcel, but if included, must be above or behind ground floor commercial uses in this zone. All uses must meet development standards, as defined in Section The CMU zone is consistent with the Mixed Use land use designation in the General Plan. Business and Professional Office (O). The Business and Professional Office (O) zoning district is applicable to parcels where professional office is the primary intended use, with complementary services and retail permitted as secondary uses. The O zone is consistent with the Commercial land use designation in the General Plan. Waterfront District Specific Plan (DWSP). The Waterfront District Specific Plan (DWSP) zoning district encompasses the zoning districts in the Downtown, as defined by the latest City of Suisun City Waterfront District Specific Plan. Agricultural Production and Sales (APS). The Agricultural Production and Sales (APS) zoning district is intended to preserve agricultural lands in Suisun City, while permitting compatible uses such as, the processing and packaging of agricultural products, recreation, the sales and marketing of agricultural products, and commercial uses, such as restaurants and bed and breakfast establishments. The APS zone is consistent with the Agriculture and Open Space land use designation in the General Plan. Park (P). The Park (P) zoning district is the primary park and recreation zone in Suisun City allowing for a variety of permitted active and passive outdoor recreational uses. The zone also allows for compatible public facilities that may benefit from proximity to a park such as, community centers and libraries. The P zone is consistent with the Park land use designation in the General Plan. Open Space (OS). The Open Space (OS) zoning district is intended for the preservation and restoration of open space areas for which the primary use is the retention of these lands in their natural state. Secondary or complementary uses may include trails, accessory buildings (such as maintenance structures) and passive power generation, where these do not impinge on the functionality of the open space areas to be preserved. The OS zone is consistent with the Agriculture and Opens Space land use designation in the General Plan. Public/Quasi-Public (PQP). The Public/Quasi-Public (PQP) zoning district is intended to accommodate governmental, educational, community service (such as fire or law enforcement), religious, child care, or cultural Zoning Ordinance Update AECOM City of Suisun City 2-3 CEQA Exemption Finding of Consistency 11

16 Item 4 Attachment 1 Exhibit B facilities (galleries, art, and dance schools) that are complementary to community life. The PQP zone is consistent with the Civic land use designation in the General Plan. Planned Unit Development (PUD). The Planned Unit Development (PUD) permit is designed and intended to provide for the orderly development of land in conformance with the General Plan and applicable Specific Plan. The permit would allow a flexible design approach to the establishment of a community environment equal to or better than that resulting from the application of the minimum standards of this Title. The permit is designed and intended to accommodate various types of development such as neighborhood and district shopping centers, professional and administrative office areas, multi-family housing developments, single-family residential developments, commercial service centers, or light industrial parks, or any other use or combination of uses, which can be made appropriately a part of a planned development. This land use is not found on the proposed zoning map as it is reserved for unique situations and acts as an overlay zoning. The underlying zoning districts and General Plan land use designations will vary. 2 CEQA REVIEW AND FINDINGS The City of Suisun City ( City ) is the lead agency for purposes of compliance with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Section et seq.). Pursuant to CEQA Guidelines section 15060, the City has performed a preliminary review and determined that the Zoning Ordinance Update (also known as the project ) is subject to CEQA. 2.1 THE ZONING ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION Public Resources Code section provides a limited statutory exemption from CEQA (the Statutory Exemption ) pursuant to which projects may proceed without additional CEQA analysis. Public Resources Code Section (b) provides that, where a development project is consistent with the general plan of a local agency, and an environmental impact report was certified for the zoning or planning action or the general plan, the examination of environmental effects shall be limited to those that: are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report. Public Resources Code Section (d) further defines that an effect of a project upon the environment shall not be considered peculiar to project if uniformly applied development policies or standards have been previously adopted, with a finding based upon substantial evidence that the development policies or standards will substantially mitigate the environmental effect when applied to future projects. 2.2 ADOPTION OF GENERAL PLAN AND CERTIFICATION OF GENERAL PLAN EIR The City Council hereby finds and determines that on May 5, 2015, the City Council of the City of Suisun City certified the City of Suisun City 2035 General Plan Final Environmental Impact Report (General Plan EIR, State Clearinghouse Number # , consisting of the Draft Environmental Impact AECOM Zoning Ordinance Update CEQA Exemption Finding of Consistency 2-4 City of Suisun City 12

17 Report (DEIR), revisions to the DEIR, comments on the DEIR, and responses to comments, and subsequently adopted the City of Suisun City 2035 General Plan (General Plan). The General Plan EIR declared the City s intent to make use of the limited statutory exemption from CEQA described in Public Resources Code Section : 1 The City intends to use the 2035 General Plan EIR to streamline environmental review and approval of private and public projects that are consistent with the 2035 General Plan. The City will make full use of existing streamlining provided by CEQA The material provided under Public Resources Code and CEQA Guidelines is sometimes called the partial exemption. Under this provision, CEQA only applies to issues peculiar to the site. CEQA Guidelines Section (f) establishes that impacts are not peculiar to the project if uniformly applied development policies or standards substantially mitigate that environmental effect. The determination of whether or not uniformly applied development policies or standards would substantially mitigate each environmental effect shall be based on substantial evidence, but not necessarily presented in an EIR In order to maximize the value of the General Plan EIR to future projects that promote the 2035 General Plan s objectives, the City has strategically integrated the General Plan and the environmental review. The policy development process has been used to vet potential mitigation strategies. The General Plan Update process was used to investigate policies and programs that can serve as uniformly applied standards and substantially limit the scope of analysis for projects consistent with the 2035 General Plan. The City Council finds and determines, for the reasons set out below, that the Statutory Exemption applies to the Zoning Ordinance Update and that no further environmental analysis is required since all of the effects on the environment caused by the Zoning Ordinance Update were adequately analyzed and mitigation measures provided for in the General Plan EIR; there are no significant effects on the environment that are peculiar to the Zoning Ordinance Update not addressed and mitigated in the General Plan EIR; and there is no new information showing that any of the effects shall be more significant than described in the General Plan EIR. The City Council hereby makes the following findings and determinations relative to the Zoning Ordinance Update and the Statutory Exemption: 2.3 THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN The Statutory Exemption applies to a project if the following conditions are met: Item 4 Attachment 1 Exhibit B the project is consistent with the General Plan of a local agency and an EIR was certified by the lead agency for the General Plan (14 Cal. Code Regs. Section 15183[d]). The General Plan identifies a series of Land Use Designations, which are tied to allowable land use and standards of density and building intensity for areas where development is allowed. The Zoning Ordinance is identified with a zoning map that is consistent with the General Plan land use map. For developed uses within the Zoning Ordinance Update, the allowable floor area ratio (FAR) is 0.25 to 1.0 and for residential only developments, the allowable density is between 4 and 45 units per gross acre. 1 City of Suisun City General Plan EIR, page 1-2. Zoning Ordinance Update AECOM City of Suisun City 2-5 CEQA Exemption Finding of Consistency 13

18 As a part of preparation of the Zoning Ordinance Update, the minimum allowable FAR and the upper end of the FAR range for non-residential and mixed-development within the Zoning Ordinance Update are consistent with the General Plan land use designations. The assumed location, type, and density/intensity of development under the Zoning Ordinance and the General Plan are the same. As well as the determined consistency above, the General Plan also includes policy guidance for public facilities, bicycle and pedestrian access and mobility, and open space for recreational and natural resources. The General Plan Open Space Diagram illustrates the City s intent for preserving important open spaces (Exhibit 7-3 of the General Plan). Priority conservation and recreational areas are highlighted in this Diagram, which shows areas and other locations for open space. The City Council finds and determines that the Zoning Ordinance Update is consistent with the General Plan, which was approved by the City Council and for which the General Plan EIR was certified GENERAL PLAN LAND USE DESIGNATIONS AND ZONING DISTRICTS Item 4 Attachment 1 Exhibit B Allowable land uses: Provides for a wide range of uses allowed by the Zoning Ordinance, including horizontal (same site) and vertical (same building) mixed retail, commercial service, professional office, public services and facilities; research, assembly, fabrication; low-, medium-, and higherdensity dwelling units; and other compatible uses. Allowable density: 4 to 45 units per gross acre Allowable intensity: 0.25 to 1.0 FAR Guidance for mixed-use projects: Mixed-use projects may use FAR to regulate intensity of combined residential and nonresidential sites or may use the FAR and density (units per acre) separately for the nonresidential and residential portions of the project. The Zoning Ordinance also describes allowable land use, density, and development intensity. However, instead of broad policy guidance provided in the General Plan, the Zoning Ordinance provides more detailed development standards and regulations. Below is a list of Zoning Districts being proposed. RL Low Density Residential RM Medium Density Residential RH 1 High Density Residential 1 RH 2 - High Density Residential 2 RMU - Residential Mixed Use CR - Commercial Retail CSF Commercial Service and Fabricating CMU - Commercial Mixed Use O - Business and Professional Office AECOM Zoning Ordinance Update CEQA Exemption Finding of Consistency 2-6 City of Suisun City 14

19 DWSP Waterfront District Specific Plan APS Agricultural Production and Sales Item 4 Attachment 1 Exhibit B P - Park OS Open Space PQP - Public/Quasi-Public PUD Planned Unit Development The City Council finds and determines that the proposed building intensity of the Zoning Ordinance Update is consistent with the allowable uses, density, and development intensity in the General Plan. 2.4 FINDINGS RELATIVE TO EFFECTS ON THE ENVIRONMENT PECULIAR TO THE PROJECT Public Resources Code section provides that since the project is consistent with the General Plan and the General Plan EIR was certified with respect to the General Plan, the application of CEQA to the approval of the project shall be limited to significant effects on the environment which are peculiar to the project (in this case the Zoning Ordinance Update) and which were not addressed as significant effects in the prior General Plan EIR, or which substantial new information shows will be more significant than described in that environmental impact report. The General Plan EIR analyzed the impacts of development anticipated under the Zoning Ordinance Update. The impacts associated with the types of development proposed in the Zoning Ordinance Update, proposed zoning, development density, and the locations where development would occur citywide, were previously analyzed in the General Plan EIR. 2.5 FINDINGS RELATING TO UNIFORMLY APPLIED DEVELOPMENT POLICIES The City Council finds and determines that the development standards and guidelines contained in the Zoning Ordinance Update, along with the uniformly applied development policies will serve to substantially mitigate impacts of the Zoning Ordinance Update and, thus, the effects of the Zoning Ordinance upon the environment shall not be considered peculiar. 2.6 FINDINGS RELATING TO ENVIRONMENTAL EFFECTS The City Council hereby finds and determines, based upon substantial evidence, including the studies and uniformly applicable development policies and standards set out above, that: (1) there are no environmental effects peculiar to the Zoning Ordinance Update that warrant further environmental examination and analysis; (2) there are no environmental effects of the Zoning Ordinance Update were not analyzed as significant effects in the General Plan EIR; (3) there are no potentially significant off-site impacts and cumulative impacts that were not discussed in the General Plan EIR that may be caused by the Zoning Ordinance Update; and Zoning Ordinance Update AECOM City of Suisun City 2-7 CEQA Exemption Finding of Consistency 15

20 Item 4 Attachment 1 Exhibit B (4) there are no previously identified significant effects that could have a more severe adverse impact than discussed in the General Plan EIR. (14 Cal. Code Regs. Section 15183[b]) 2.7 FINDINGS UNDER SECTION (C) OF THE PUBLIC RESOURCES CODE As required by section (c) of the Public Resources Code, the City Council, following a public hearing, finds that all mitigation measures included in the General Plan EIR that are relevant to the Zoning Ordinance Update (as set forth in more detail above) shall be undertaken. AECOM Zoning Ordinance Update CEQA Exemption Finding of Consistency 2-8 City of Suisun City 16

21 Item 5 MEETING DATE: March 21, 2017 AGENDA TRANSMITTAL CITY AGENDA ITEM: Council Adoption of Resolution No : Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the McCoy Creek Trail Phase 2 Project. FISCAL IMPACT: This project would be a multi-year project with the following funding sources: Fiscal Funding Year Project Activity Amount Source FY Environmental $ 75,000 Suisun City FY Design $ 75,000 Suisun City FY Design $ 350,000 TDA Article 3 FY Construction $ 232,000 TDA Article 3 FY Construction $ 498,000 OBAG Cycle 2 - STP FY Construction $ 1,770,000 ATP Cycle 3 Award TOTAL $ 3,000,000 The City s local match would be identified in the FY Annual Budget. BACKGROUND: The MTC has historically provided funds to the STA for Federal transportation projects within the County. Funding has been assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP). The City is applying for ATP funding for the McCoy Creek Trail Phase 2 Project. STAFF REPORT: In order to receive ATP funds, MTC requires that the City Council adopt a resolution of local support stating that the City will provide local match, if required; will comply with all requirements set forth from MTC, Caltrans and FHWA; and will deliver and complete the Project on schedule. If awarded, in order to comply with the assurance to complete the Project, the City will need to sign a funding agreement with STA. The Project would be an extension of McCoy Creek Trail Phase 1, completed in The Project would extend the existing Phase 1 by constructing a Class I pedestrian/bicycle path along the west bank of the McCoy Creek canal from the north side of Pintail Drive to Worley Road. It would include a pedestrian bridge from the south bank of the Laurel Creek canal to the north bank of the Laurel Creek canal (roughly ending at the dead-end of Humphrey Drive). It would then continue along the north bank of Laurel Creek canal to Worley Road (see Attachment 2). PREPARED BY: REVIEWED BY: APPROVED BY: Nick Lozano, Associate Engineer Timothy McSorley, Public Works & Building Director/City Engineer 17 Suzanne Bragdon, City Manager

22 The Project would be approximately 0.5 miles in length. This Project is a natural, scenic path through the center of town and allows for easy connection to the Kroc Center, library, Suisun Elementary, and the Central County Bikeway. The last phase of this Project would complete the path eastward from Worley Road to the bend in Laurel Creek canal where it turns northward (just east of Sunset Avenue) and will dead-end at Old Railroad Avenue. This would allow easy access into the City of Fairfield. Approval of this resolution would not commit the City to any contracts or establish a detailed scope of work. Staff would come back to Council for both budget approval and authorization to enter into funding agreements. RECOMMENDATION: It is recommended that the City Council adopt Resolution No : Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the McCoy Creek Trail Phase 2 Project. ATTACHMENTS: 1. Resolution No : Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the McCoy Creek Trail Phase 2 Project. 2. Project Map. Item 5 18

23 Item 5 Attachment 1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE MCCOY CREEK TRAIL PHASE 2 PROJECT WHEREAS, City of Suisun City (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,770,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the McCoy Creek Trail Phase 2 Project (herein referred to as PROJECT) for the Active Transportation Program (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. 133); and WHEREAS, state statutes, including California Streets and Highways Code 182.6, 182.7, and 2381(a)(1), and California Government Code 14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and 19

24 Item 5 Attachment 1 WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: the commitment of any required matching funds; and that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's Federal Transportation Improvement Program (TIP); and that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC s funding agreement with the countywide transportation agency; and WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application. 20

25 Item 5 Attachment 1 NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC s funding agreement with the countywide transportation agency; and 21

26 Item 5 Attachment 1 BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming. PASSED AND ADOPTED by the City Council of the City of Suisun City at a regular meeting thereof held on the 21 st day of March 2017by the following vote: AYES: NOES: ABSENT: ABSTAIN: Council Members Council Members Council Members Council Members WITNESS my hand and the seal of said City on this 21 st day of March Linda Hobson, CMC City Clerk 22

27 Item 5 Attachment 2 LOCATION MAP McCoy Creek Trail Phase 2 Project FUTURE TRAIL PROJECT LOCATION (PHASE 2) EXISTING TRAIL (PHASE 1) 23