HomeMy WebLinkAboutAgenda Bill 4APart2 12/21/2009~}~ o:c1~, x.~,ec,t 3
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. ~ ~ PERMIT AND RESOURCE MANAGEMENT DEPARTMENT
18 "~"` 2550 Ventura Avenue, Santa Rosa, CA 95403
` "`"""°""` (707) 565-1900 fAX (707) 565-1103
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DATE:. December 8, 2009 at 2:45 p..m.
TO: Board of Supervisors
FROM: Steve Padovan,.P-roject Planner
SUBJECT: PLP04-0046,~Dutra Materials, fnc.
Previous actions of the Board of Supervisors:
On .February 3, 2009 the Board of Supervisors considered the Draft: EIR and Response to
Comments document and took public testimony on the proposed project. The Board closed the
public hearing., deliberated, and on, a ~4-1 straw vote, tentatively approved the.;project with
several changes to the project conditions. In addition, the Board referred the project back to
the Planning Commission for consideration and recommendation of a possible General Plan
Text Amendment to address General Plan noise standards. The matter was then continued, on
a 5-0 vote, to March 24, 2009 for a final vote on the EIR and the project.
This item was originally scheduled for the March 5, 2009 Planning Commission, however; at the
request of the applicant, the Commission. unanimously~voted to continue the item to April 16th.
Subsequently, the Board of Supervisors, at its March 24, 2009 meeting, continued the final
resolution on the project to May 1;2, 2009. On April 16`h, the. Planning Commission opened the
public hearing allowing for public comments oh the proposed General Plan Land Use Noise
Policy. After substantial public testimony, the Commission closed the public hearing and
continued the item to May 21,.,2009 to allow for the full Commission to deliberate on the
General Plan text amendment. Subsequently, on May 12`", the Board of Supervisors
unanimously voted to continue the item to June 9`h
On May 21,,.2009,-the Planning Commission, on a 3-2 vote, recommended that the Board of
Supervisors approve an amendment to the General Plan Land Use' Element to add an area.
policy-that allows barge docking and off=loading operations related to the Dutra Haystack
Landing asphalt and recycling facility to exceed noise standards contained in the Noise Element
with some limitations on the parcel identified as APN 019-220: 0.01.
On June 9; 2009 the Board of Supervisors considered the Draft. EIR and Response to
Comments document and took public testimony on ;the proposed project. The Board closed the
public, hearing, deliberated., and on a 3-2,straw vote fentafively denied the project.. The Board
Chair.instructed staff to prepare a resolution for denial. of the project and to revise the draft
conditions of approval to: include several changes requested., by Supervisor Kerns for the
Board's consideration. The Board continued the project to July 24, 2009 for the final vote.
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Prior to the July hearing, the applicant proposed a reduced .project alternative (discussed
below) and requested that the item be-continued. off-calendar to-allow for a thorough evaluation
of any changes to environmerital impacts. On July 21; 2009; the Board of Supervisors, on a 3-
2vote, agreed to continue the item off=calendar and direcfed staff to provide an an"alysis of the
impacts of a revised project and return to the Board with a summary report.
Reduced Project Proposal or Revised Project:
The Current Project (the. projecf as described in the January 2008 DEIR, the July 2008
Response to Comments document and as modified at previous public hearings), is.for an
asphalt production and aggregate distribution facility with: a maximum annual exporting capacity
of 225,000 tons of asphalt, and 439,175 tons of sand, .aggregates and recycled materials
(totaling 664,175 tons). The applicant's revised proposal,, received by staff on September 15,
2009. and hereinafter referred to as the Revised Project .(see Exhibit B), would reduce the
overall annual exporting capacity of the facility by 93,750 tons (approximately 14%) from
664,175 Eons to 570,425 tons. Total asphalt production of'225,000 tons would remain the
'same. The specific revisions to the Current Project are as follows:
1`) Elimination of all. on-site recycling equipment (no crushing of materials) and a .reduction
in the use of recycled asphalt product (RAP) from 15.0,000 tons per year to 56;250 tons
per year: The 56,250~tons'is derived from the potential use~of 25% RAP in all asphalt
produced (250,000 x .25 = 56;250).
2) A 25% reduction in peak hourly asphalt production from 400 tons per hour to~300 toris
per hour, but no change in fotal annual 'production. This reduced production allows for a
smaller gas=fired burner on the asphalt production unit.
3) An 1.8% reduction in the overall height of the two asphalt plant silos from 76 feet to 62
feet and a resulting. reduction in the storage capacity.of the silos from 200 ~to 100 tons.
4) Raising the pad elevation of..the previous recycling area. and grading it for potential
vehicle and equipment storage.
This Revised Project.would result in a facility with a total annual export capacity of'570,425 tons
(22.5",000 tons of asphalt, 345;425 tons of sand and aggregates): No change in the 125 ahnual
barge trips or barging opecatio.ns are proposed because the reduction in exported materials
would be, achieved through the. elimination of recycled "products and these materials. are brought
to the site exclusively by (ruck. The southerly portion of Area G of the project site, originally
reserved ,for~the.recycling operations; will be graded and raised above the 100 year flood
elevation as previously proposed. The material needed to raise Area C would be provided
through theremoval of material from fhe 19 acre wetland restoration site (Area D) that is
necessary to create tidally influenced wetlands. The graded "pad would be used for vehicle and
other equipment storage but not for aggregate storage.
The applicant also proposesto construct barge docking facilities that would require Dutra's
barges, to :be anchored partially within the dredged channel of~the Petaluma River. At the June
9, 2009 Board of Supervisors hearing, Condition.#108 was added that states that docked
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barges shall not block any portion of the navigable channel. The applicant is requesting that
this condition be modified fo allow for the temporary blocking of a portion of the channel as long
as there is adequate clearance for other river users to pass.
Review of the Revised Project:
Upon receipt of the applicants Revised. Project proposal,. staff contacted the EIR consultant,
Chistopher A. Joseph and Associates (CAJA), and requested that an environmental review be
completed on the Revised Project (Summary Report). The Board of Supervisors approved a
contract amendment to the EIR in October 2009 and CAJA completed their Summary Report in
November 2009 (Exhibit C).
In preparing this Summary Report, CAJA undertook ah in-depth evaluation and analysis of all
the potential environmental impacts of the Revised Project. as compared with those that would
have resulted under the Current Project and were analyzed in the DEIR and Response to
Comments document. As detailed below, by reducing the peak production by 25 percent,
reducing the height of the silos by 18 percent, reducing overall exports by 93',750 tons and
eliminating the on-site crushing of recycled material, the:Revised Project would reduce the
environmental impacts related to aesthetics, air quality; hydrology and water quality, noise, and
transportation/traffic below those that would have resulted from the Current Project. The
Revised Project does.not implicate.otherissueareas and would thus result in similar impacts as
the Current Project with regard to biological resources, geology aril soils, cultural resources,
hazards and hazardous materials, land use; and other effects. The.following details the ways in
which the Revised Project would result in different or reduced environrriental impacts in the
areas of aesthetics, air quality, hydrology and water quality; noise, and transportation/traffic.
In addition, staff contacted BAAQMD to request a revised Health Risk Assessment (HRA) to
address the changes in air emissions from the revised project. The Air District completed the
Refined HRA on September 21, 2009 (Exhibit D), the results of which are presented in the
following section.
Finally,-with regard to navigational issues, staff and Dutra`s consultants met with the U.S. Coast.
Guard Waterways Management Division to discuss the revised barge docking location and
determine; if the barge's _position posed a hazard to navigation in the river. The. results of that
meeting are summarized below.
ISSUES IMPACTED BY THE REVISED PROJECT
Issue #1: Aesthetics
Discussion
The Revised Project proposes to reduce the overall height of the asphalt .plant's two silos. by 44
feet fo a maximum height of 62 feet above grade. This would be accomplished by using larger
diameter asphalt storage silos:. and reducing-their storage capacityfrom'200 to 100 tons. An
elevation of the new silo is included in the applicant's September letter (Exhibit B). In addition,
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the elimination of the recycling portion of the project would remove the recycling/crushing
equipment, the sound attenuation devices associated with it and the large storage piles of
recycled product on the southerly portion of Area C.
As stated in the DEIR, the project site is located at the southern gateway to the. City of
Petaluma on an undeveloped site along a designated scenic corridor (Petaluma Boulevard
South/Highway 101) and in a scenic area. The DEIR found that the Current Project would
result in significant changes to the visual character of the area and have significant and
unavoidable visual impacts. Accordingly, mitigation measures, including berming and dense
landscape screening up to 30 feet deep along Highway 101 and Petaluma Boulevard South,
were included to partially mitigate these visual impacts.
Resolution
The Summary Report found that the reduction in silo height would further reduce the project's
visual impact but not to a less than significant level. Staff further notes that by reducing the silo
heights, a smaller profile of the asphalt plant would be projected above the proposed
landscaping and, as time passes., the trees will grow to a height that could substantially screen
the entire structure given that it would be 14 feet shorter. The applicant has provided additional
visual simulations in their September 15`h letter.
As for the elimination of the recycling component of the project, the stockpiles of recycled
product were located on the most southerly portion of Area C and would have been highly
visible to vehicles traveling northbound on'Highvvay 101 and to residences west of the freeway.
The landscape berm proposed along' Highway 101 would now provide an even greater visual
screening of .the project's remaining equipment and stockpiles. Staff recommends that a
substantial landscape berm 6e placed along the.southerly side of the tidal inlet that separates
the previous recycling .area from the asphalf plant to provide:even greater screening for
northbound Highway 101 traffic..
Issues #2: Air Quality/Public Health Related Impacts
Discussion
Air quality and potential health ,related impacts from thetasphalt plant and diesel emissions have
been one of the.primary concerris expressed by the public, the Plahning Commission and the
Board of Supervisors. The previous Bay Area Air Quality Management District (BAAQMD)
Health Risk Screening Analysis (HRSA) dated October 1, 2008 concluded that the cancer risk
.from the proposed project to any individual receptor would be 5.1 per million, the maximum
chronic hazard index would be .004, and the acute hazard index would be .97.(terms are
defined more clearly below). These levels are all below'the adopted significance levels
established by the Air District (10 permillion, 1.0 and 1.0, respectively).. The Air District
recommended additional conditions to reduce potential emissions and all their
recommendations were included in the conditions of approval presented to the Board of
Supervisors on February 3rd
The Revised Project would eliminate the on-site crushing of recycled material and result in
fewer truck trips and reduced diesel emissions from- the reduction in 93,750 tons of recycled
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materials. The EIR consultant was asked to quantify those changes to air impacts in the
Summary Report. Furthermore, in order to fully evaluate the air quality impacts resulting from
the Revised Project, staff worked with BAAQMD to complete a Refined Health Risk
Assessment (HRA) using the reduced import and export figures and the elimination of
recycling. The HRA, completed on September 21, 2009, analyzed the proposed reduction in
operations along with -the following refinements that were not part of the previous HRSA:
- The acute health risk from diesel exhaust was calculated.
- On-site diesel powered mobile equipment was added.
- Toxic aircontaminant (TAC) emissions from the asphalt tanks and asphalt heater were
added to the risk models.
- Asphalt load-out emissions (blue smoke) were modeled as a combination of an abated
point source: and an. unabated area source.
- A "no barge" scenario was considered.
- Seasonal operations were evaluated.
- Nighttime and round-the-clock operating scenarios were considered including five
percent of the tugboat emissions "occurring at bight.
- Additional on-site structures were added to the model to better represent the effects of
building downwash on modeled pollutant concentrations.
- Cal-EPA Office ofi Environmental Health Hazard Assessment. (OEHHA) health risk
assessment values were updated as necessary to reflect changes made in December
2008.
- An initial vertical dimension of 10 feet was added to the release height of the diesel
equipment modeled as area sources to accourf for a heated plume rise and turbulent .
mixing. ~ .
The September 21, 2009 HRA supersedes the previous. Health,Risk Screening Analysis
("HRSA") prepared by the BAAQMD, dated October 1, 2008:
Resolution
The Summary Report found that the elimination of on-site crushing equipment under the
Revised Project would reduce the emissions of respirable particulate matter (PM10) fior the
asphalt plant and .aggregate operations by approximately 1:5 pounds per day from 1..95.6 to
194.1 pounds or just under 1 %.
Furthermore, since the volume of recycled material imported under the Revised Project would
be reduced from 150,000 to 56,250 tons, the resulting 19% reduction in annual. truck trips to
101,306 (which accounts for the majority of the air pollutants emitted from this project) would
result in the following changes to project emissions (see also attached Table 1 at the end of the
Summary Report under Exhibit C):
- Reactive organic gases (ROG) reduced from an estimated 1;875 to 1,31.4 pounds per
year, a~30% reduction;.
- Nitrogen oxides (NOx) reduced from an estimated 63,061 to 49,932 pounds per year, a
21 % reduction;
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PLP04-0046.
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PM10 emitted. by trucks reduced from an estimated 2,131 to 1,664 pounds per year, a
22% reduction; and
Carbon Monoxide (CO) reduced from an estimated 15,215 to 11,863 pounds per year, a
22% reduction.
Carbon Dioxide (COZ) reduced from an estimated 8,057 to 6,532 tons per year, a 19%
reduction.
As under the Current Project, the overall net increase in NOx from the. operation of the Revised
Project would continue. to exceed Bay Area Air. Quality Management District's threshold of
sighificance of 80 pounds per day. However, as older equipment and vehicles are retired, the
NOx levels would. drop below the existing BAAQMD thresholds due to improvements in
technology before the year 2020 and may occur sooner under the Revised Project.
The impacts related to CO hot spots, emissions of TACs, and odors would also be reduced
under the Revised Project due to the reduction in asphalt .production from 400 tons per hour to
300 tons per hour and the lower truck volumes. As under the Current Project, these impacts
would continue to be less. han;,significant___
The Revised Project would also result in reductions in greenhouse gas (GHG) emissions. The
elimination of on-site crushing:'gf recycled material and reduced truck trips would reduce carbon
dioxide equivalent emissions from an estimated 8;857 to 6;532 tons per year, a 19 percent
reduction (see attached Table 2 at the end of this Summary Report).
BAAQMD September 2009 HRA
The findings of the 2008.HRSA and the Refined 2009 HRA are summarized below.
Human Health Risk 2008 HRSA 2009 HRA Thresholds of Significance .
Maximum Cancer Risk (per million): 5.1 6.,7 10
Maximum Chronic Hazard Index: 0.004 0.0041 1.0
Maximum Acute Hazard Index: 0.97 0:69 1.0
(Note: BAAQMD uses a round trip in their diesel emissions analysis (eg: the reduction
for truck emissions for the Revised Project is based on 11,888 round trips)
Based on these. figures, the cancer, chronic non-cancer; and acute risk: fo human health from
toxic air contaminants based on the Revised Project parameters and the refinements to the
dispersion and health risk models.would still be below aII BAAQMD's thresholds ofsignificance_.
Therefore, the risk to human health from toxic air contaminants would remain-less than
significant under the Revised Project. It should be noted that the Maximum Cancer Risk did
increase from 5.1 to 6.7 due to the modifications and refinements' that were included ,in the
HRA. The primary reason for'the increased cancer risk is the addition of the diesel powered
on-site mobile equipment to the evaluation.: This equipment,was not included in the 2008
HRSA because according the BAAQMD, diesel PM emissions were under reported in the Draft
EIR. In an effort to provide a more comparable analysis between the Current and Revised .
Projects, the additional cancer risk from on-site mobile equipment of 2.84 per million can be
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subtracted from the 6.7 figure i'n the HRA fo establish an:estimate for what the Maximum
Cancer Risk of the Revised Project,would be under fhe 2008 HRSA. Using this figure, the
Revised Project, under.the 2008 HRSA modeling methods, would have had a cancer risk of
around 3.86' per million, or°a reduction,of'24% from the. Qurrenf Project: As stated above, this is
simply a rough estimate to provide some comparison between the two Health Assessments.
The applicant has provided a peer review of BAAQMD's HRA done by Environ on November
10, 2009.. Environ stated that several .assumptions made by the Air District were unrealistically
conservative and could be .refined to better represent actual conditions at the facility. This letter
~-is attached (Exhibit E).
in conclusion, the Revised .Project's contribution to human health risk and GHG emissions
would not violate any adopted thresholds and would be Tess than the Current Project, but the
significant cumulative effects-discussed in the DEfR would remain significant and unavoidable.
General Air Quality Terms and Definitions
A hazard index is the numeric measure of nori-cancer risk.Adverse health effects are not
expected. to occur, even for sensitive members of the population, for. hazard. indices of one (.1)
or less (1.0 is the BAAQMD threshold for hazard indices). Further, a hazard index that exceeds
"1.0" does not indicate that adverse. effects will, occur; rather,, it is an indication. of the .erosion of
the margin of safety and that the likelihood of adverse health effecfs is increased. According to
the September 2009 HRA forthe Revised. Project, the newDutra asphalt plant would have a
chronic hazard index (an exposure that.results in longterm health effects) of 0.0041 and an
acute hazard index(immediate effects to an individual such as watery eyes, sneezing,
headache, nausea) of 0.69.
.For acute risk, :57% of the hazard index for the Dutra asphalt plant at the point of maximum
impact is related to hydrogen sulfide exposure. For hydrogen. sulfde, concentrations that
substantially 'exceed the odor'threshold `result in the annoying and discomforting physiological
symptoms of headache or nausea.
Actual risk, which cannot be determined, is ,likely°overestimated,, particularly for chronic risk,
due fo conservative exposure assumptions incorporated in the health .risk assessment
calculations (e.g., assuming 70-year.and 40-year exposure durations for calculating cancer risk
for residential and worker receptors;.respectively).
To puf cancer risk. results into perspective., the following- information from BAAQMD is provided
_ ,for comparison purposes:
' - The risk of contracting cancer in the general population of the United States is about 1
in 3,'or greater than 300,000 in a million. ~ '
' - Lifetime cancer"risk calculated using Bay Area toxic ambient air monitoring data is
estimated to be about 1'25 in a million. 1n addition, diesel particulate matter in the
ambient air cannot be directly measured but is estimated to pose an average cancer risk
of about 400 to 500 in a million in the Bay Area. Tlie.California Air Resources Board
estimates cancer risk to be as high as 1,700 in a million at a receptor in close proximity
to a high volume freeway.
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Issue #3: Hydrology and Water Qualitjr
Discussion
The Revised Project has the potential fo minimally affect Hydrology grid Water Quality due to
the elimination of'the recycling operation. This can be attributed to the removal of all recycled
materials and any contaminants that may have been ineluded:with`them and the.remoyal of
equipment from that portion of the property. The applicant has also provided additional
information on the volume of water in the tidal inlet for pumpirig purposes and an example of
the intake structure (Exhibit F).
Resolution
As"with the Current Project, the majority of the developed project siteand the- parcel adjacent to
the barge off-loading facility are located within the FEMA 1'00-year flood hazard.zone and the
County.F2 (floodplain) zoning district. However, Area C would still be raised above the base.
flood elevation of 7 feet msl by utilizing fill. from the creation of the wetlands. As such; the
.proposed facilities would not be expected to be flooded during the 100=year event. Also, the
absence of large aggregate piles on this portion of Area C will reduce potential ettling of the
unconsolidated fill under the project site... Therefore,, the Revised Project, .similar to the Current
'Project, may actually increase the flood storage. volume on the property (the project site is also
subject to Sonoma County's "zero-net-fill" requirements), A_ny increases in flood storage
capacity would. be expected to incrementally reduce flood hazards within the Petaluma River by
retaining more water on-site during flooding events.
Furthermore, dust suppression, of the recycled materials piles and crushing operations would no
longer be necessary on this portion of Area C, and the potential for minor spills of diesel and
other lubricants into the adjacent wetlands from heavy equiprnent.:and trucks would. be slightly
reduced (the Revised Project would still allow for storage, of vehicles on this portion of Area C).
This results in fewer sources of potential storm water pollutants. Therefore, hydrology and
water quality impacts would remain less than significant under the Revised Project.
Issue #4: Noise
Discussion
Following the preparation of the DEIR and Response to Comments document, additional
conditions. of approval related to noise were added to the Current Project during. the public
hearing process, including but not limited to: a sound wall`for the asphalt plant and recycling
facility; enclosure of the asphalt plant burner and drum; and sound control blankets at the
recycling facility. Subsequent noise analyses prepared for these additional conditions
confirmed that the General Plan Noise Standards (GP2020 Table NE-2) would be exceeded
only for barge off-loading at the two River residences (Yee, Pontes). Therefore, with the added
conditions of approval and the proposed General-Plan text amendment requiring that no facility
operations exceed a 60 dBA Ldn average daytime/nighttime noise-level at the exterior of the
nearest noise sensitive receptors nor a 60 dBA CNEL at Shollenberger Park, the Current
Project would be consistent with the 2020 General Plan standards at noise sensitive .receptors.
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Below is a summarized -table of information that was provided by the Noise Consultant, .Rosen,
Goldberg, Der & Lewitz, Inc., in their February 27, 2009 noise analysis (which summarized the
noise impacts with mitigation measures-and.conditions for the Current Project):.
Current Project Generated Noise Levels (L60,dBA) with Mitigations
Receiver Asphalt Plant. Recycle Barge Asphalt + Existing Ambient
Recycling
Plant Plant + Barge Day Night
Equip. Trucks
R1 46 49 54 41 b5 55 51
Hillside
South
R3 42 46 46 67 67 53 50
River •
North
R6 park 43 46 46 63 63 53 N/A
North
Resolution
A noise analysis was completed py the Rosen, Goldberg,, Der & Lewitz, lnc. on the Revised
Project proposal (elimination of recycling operations and reduced trucking -Exhibit G). The
table below provides a comparison with the Current Project.
Revised Project Generated Noise L- evels (L50,dBA) with Mitigations
Receiver Asphalt Plant Barge Asphalt + Existing Ambient
Barge
Plant Plant + Day Night
Equip. Trucks
R1 46 49 41 50 55 51
Hillside
South
R3 42 44 67 67 53 50
River
North
R6 park 43 42 63 63 53 N/A
North •
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As indicated by the table., the projected noise levels from the Revised Project (asphalt and
barging operations) would drop from 55 fo 50 decibels and at the hillside residence (R1), from
46 to 44decibels at the river residences (R3) and from 46 to 42 decibels at Shollenberger Park
(R6).
In summary, the elimination of the recycling operations, the associated reduction in truck traffic
from reduced .importation of the recycled asphalt and concrete and the elimination of noise from
the unloading of large chunks of recycled asphalt and concrete from steel truck beds would
reduce noise to sensitive receptors.. Therefore, the Revised Project would reduce overall noise
impacts to below Current Project levels.
Issue #5: Transportation/Traffic
Discussion
The DEIR found that the Current. Project, with. mitigation measures, would result in less than.
significant traffic impacts. The Revised Project would further reduce impacts by eliminating all
on-site recycling operations and through the import arid export of 93,750 fewer tons of material
from the facility. This results in a 19% reduction in the total number of annual truck trips from
125,082 to 101,306. These estimated reductionsin truck trips are based on Table V.J-11 -
New Project Trip Generation table in the DEIR. This table assumed that the average weight of
a -truck bringing imported recycled material to the site would be 23 tons, which equates to .4,076
trucks per year (93,750 divided by 23): Similarly., the average weight of a truck exporting
material would. be 12 tons for both aggregates and asphalt which equates to 7,812 total frucks
per year (93,750. divided by 12). Being that each truck accourits for two trips, the elimination of
the 93,750 tons of imported and exported materials eliminates 23,776 trips (2 x 4,076) + (2 x
7,812).
Resolution
As stated in the Summary Report, Revised Project impacts related fo intersection level of
service,. ramp movements, queuing.,:.arid. Highway 101 level of service would remain less than
significant. and impacts related to these issue areas would be reduced proportionately from. the
Current Project..
~VVith regard to traffic safety, the modified design of Petaluma Boulevard South would result in
reduced speeds for all vehicles. In the interim, trucks would still be required to accelerate,
weave, and brake all within a distance of less then the minimum recommended acceleration
distance but,the Revised Project reduces this impact because there will be fewer annual truck
trips. In the future (2020), the new Petaluma Boulevard South Interchange project would likely
alleviate many of these safety issues.
Regarding near-term cumulative impacts, the Revised Project would have similar near-term
cumulative impacts as the Current Project and would add trips to congested .segments of
southbound Highway 10'1 during the AM peak hour, potentially adding traffic to northbound
Highway 101 during the PM peak hour, and adding traffic to the congested southbound ramps
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during the AM peak hour where operation would be LOS F even without the Revised Project. 1t
would also contribute to additiona'I queuing atthe northbound through approach to Petaluma
Boulevard South at Highway 101 southbound ramps where the queue without the project
already exceeds available storage (the new Petaluma Boulevard South Interchange project will
reduce these impacts further).. However, as stated above,, the reduced 'truck traffic associated
with the Revised Project along with future interchange, freeway improvements and
implementation of mitigation measures results in near term cumulative impacts that are
less-than-significant.
Issue #6: Navigational Issues
Discussion
The Revised Project includes: construction of barge docking facilities that would place Dutra's
barges, while anchored and off-loading, within the dredged channel of the Petaluma River.
The revised plans., attached at the end'of the applicant's September 15`h letter under EXH-3,
indicate that the barge will encroach up to 50 feet into the dredged channel, which varies in
width from 100 to 130 feet in this part of the river. At the previous Board of Supervisors
hearing, a condition of approval (Condition #1,08), was added specifically stating that docked
barges shall not block any portion of the navigable channel.
After determining Ghat the dredging of the river. bottom, and the placement of sheetpile walls
could result in additional potentially significant environmental impacts, the applicant chose to
maintain the location of the docks at the edge of the dredged channel. Therefore, the applicant
is requesting that this condition be modified to allow the temporary blocking of a portion of the
channel as long as there is adequate. clearance for other river users to pass.
In order to clarify the navigation rules related to barges in the channel, staff contacted the U.S.
Coast Guard personnel who are in charge of navigation safety. Staff and the applicant's
representative met~with Lieutenant Simone Mausz on October 19; 2009 at the U.S. Coast
Guard Station Waterways Management Office on Yerba Buena Island. The Waterways
Management Division of'the U.S. Coast Guard (USCG) encompasses_the Vessef Transit
System (VTS) and the Waterways Safety branches of the USCG and is responsible for
navigational and safety issues in the Bay Area, including the Petaluma River.
Resolution
At the meeting, Lt. Mausz clarified the navigational monitoring. of the Petaluma River. Basically,
VTS does not manage traffic on the river, as it only regulates up to the mouth of the river. It is
the Waterways Safety Branch that is the division assigned to navigational issues and safety
within the navigable portiori of the river. The Waterways Safety Branch is primarily concerned
with. ensuring that other commercial users of the Petaluma River, upstream of the proposed
project site,~do not object to the barge's. location in the channel when docked. If the other
commercial users provide written statements that do not object to the proposal, the USCG
Waterways Safety Branch would not object to the dock facility. The applicant has provided
letters from the two tug operators that currently navigate the river,. Westar and Jerico, and also
from Shamrock Materials, a large materials importer upstream of the project site (Exhibit H).
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The letters state that as tug .operators, the proposed project will not present a navigational
hazard to their own tug operations.. Staff.is now awaiting a letter from the USCG stating that
the location of the barge does not pose a hazard to navigation. A draft of the revision to
Condition #108 is below:
108. Prior to the issuance of any building/graaling permits related to the docking
facilities; new moorings and/or anchorages shall be reviewed to ensure that they
do notpose. a hazard'fo navigation in the Petaluma Rivec. In addition, a "alolphin"
shall be pla"ced outside of the navigation channel along the extension of the
Dutra/Yee property line into the Petaluma River to protecf mooring facilites on the
Yee property (APN01'9-320-010). Barges docked at the Dutra site shall not
encroach into the riverfrontareas of adjacentparce/s (tugboats are excepted)-nm
With regard to pleasure. boats and other personal watercraft that use the river; Waterways
Safety does not,consider'those_craft when making their .determination. However, staff has
contacted Lt. Mausz to determine what type of lighting is necessary on the docked barge
between dusk and dawn to provide<additonalsafety measures for pleasure craft.
List of Attachments:
Draft Board of Supervisors Resolution to be provided by County Counsel
EXHIBIT A" Draft Conditions of Approval
EXHIBIT B: Letter from CSV1l/Stuber-Stroeh Regardirig the. Revised Project including Photo
Simulations, Site; Plan, Silo Elevations and Barge Dock' Details
EXHIBIT C: CAJA Summary Report on Revised Project dated November 20, 2009 and
Associated. Attachments
EXHIBIT D: BAAQMD Refined HRA dated September 21, 2009 and October 9, 2008
BAAQMD letter with October 1, 2008 HRSA"
EXHIBIT E: Environ Peer Review of BAAQMD HRA dated November 11, 2009
EXHIBIT F: Existing Slough Water Volume and fntake Design
EXHIBIT G: Rosen, Goldberg, Der & Lewitz, Inc.:, August 5, 2009.Noise Analysis
EXHIBIT H: Letters from Tug Operators Westar and Jerico; 'and from Shamrock Materials
EXHIBIT I: Recently Received Letters from the Applicant "and Public
Separate Attachments Previously Received by the Board of Supervisors:
Draft Environmental ;Impact Report dated January 2008
Response o Comments Document dated July 2008
3y
EXHIBIT"A"
.Revised Conditions of Approval
(Revisions are in Bold, Sfrikeout•and Italics)
Date: December 8, 2009 File No.: PLP04-0046
Applicant: Dutra Materials, Inc.
APN: 019-220-001,.019-320-022 and'023
Address: 3355 Petaluma Boulevard South, Petaluma '
Proposed Project Description: This proposal is for a Use Permit and Design Review Permit for an
asphalt batch plant with a maximum :production capacity of.225,000 tons per year and an aggregate and
sand distribution facility with a maximu m .annual export capacity of5 345,425 tons artd-a~ecgching
,resulting in a facilitywith aaotal capacity of
6&~5 570,425 tons per year with the inclusion of asphaltic oils and crumb rubber (components of the
asphalt). The project also involves the coristruction and operation. of`barge off-loading facilities on the
Petaluma River for sand and aggregates and a conveyor system to bring the materials to the facility.
If any changes to plans, drawings, documents or specifications, required pursuant to any conditions herein '
specified, these changes shall' b.e broug,htto the appropriate department for review and approval prior to
any construction or improvements. Also, these changes shall be reviewed by all departments involved in
the initial approval of the subject plans, drawings, documents orspecifications that are proposed for
change.
BUILDING:
The conditions, below have .been satisfied" BY
PRIOR TO BUILDING/GRADING PERMIT ISSUANCE
DATE
1. The applicant shall apply for and•obtain building related: permits from the Permit and Resource .
Mahagement Departmeht. The necessary applications appearto 6e, but may not be lim,iifed to; site
review, building permit, and grading permit.
Project design and construction shall be in conformance with `current best standards for earthquake
resistant construction in accordance with the California Building Code (Seismic Zone 4-). In addition,
prdject design shall follow the recommendations of the site-specific geotechnical invesfigatibh.
report. The report provides specific design criteria for construction of the project in response to
expected seismic events. ~ '
The applicant shall engage a Fire Prbtection Engineer to;perform a code analysis and submit a
comprehensive fire protectid'n plan forthe proposed project'for review'by the SCPRMD' and•the
County Fire Marshal. The submittal shall include an evaluation of the project's compliance with the .
uniform fire code requiremehfs relating to storage; of hazardous materials (including aboveground'.
tanks), the need for fire suppression system, alarm systems,'storage of flammable orcombustible
materials, c.ontaihment basins around hazardous materials, and compliance with- hazardous
materials regulations. Both, hazardous materials at the proposed asphalt plant and those for the '
SAVFD shall be considered in the review.
The grading of the project site shall lie conducted ih conformance with the approved Grading Plan.
All recommendations for grading presented in the site:-specific geotechnical reports shall be
incorporated into the grading activities.
35
Conditions of Approval - PLP04-0046
.December 8, 2009
Page 2
HEALTH:
"The conditions below have been satisfied" BY DATE
PRIOR TO BUILDING PERMIT ISSUANCE
Prior td the issuance. of any building permit, evidence of appropriated water rights approval from the
State Water Resources Control Board -Division of.Water Rights or the U.S. Army Corps of
Engineers shall be obtained for use of river water on any parcel that_has a physical connection or
borders the Petaluma River: If applicant is unable to obtain the rights to use Petaluma Rivet water,
provisions shall be made for delivery of recycled water or of delivery ,from another alternative
source. Proof of available or alternative sources of Ovate"~ for dust suppression must be
demonstrated to PRMD staff.
Prior to building permit issuarce, the applicant shall obtain a permit for the sewage disposal system.
The system m'ay require design by.a Registered Civil Engineer or.Registered EnviconmentaF Health
Specialist and both soils analysis, percolation and wet weather testing may be required. Wet
weather.grouhdwatertgsting may also be required. The' sewage system shall meet, peak flow
discharge of the wastewater from all sources granted in the Use Permit and any additional sources
from the parcel plumbed to the disposal system, and shall include the required reserve area. If a
permit for a standard, innovative or Experimental Sewage Disposal System sized to meet all peak
flows cannot be issued, then the applicant shall revise the project (fees apply and a hearing may be
required)'to amend the Use Permit to a reduced size, not to exceed the on=site disposal capabilitie"s
of the project site and attendant easements. The Project: Ri:view Health Specialist shall receive a
final clearance from the Well and Septic Division, that all required septic system testing and design
elements have been met.
Application for wastewater discharge regLirements shall be filed by the applicant with the San
Francisco Bay Regional Water Quality Control Board. bocumentation of acceptance of a complete
application with no~ihitial o ejections by the Regional W ater Quality ControF Board shal(be submitted
to Project Review Health prior to building, grading for ponds or septic. permit issuance. A copy of
the waste discharge permit shall be submitted to Project Review Health prior to issuance of a
certificate of occupancy or project operation..An application may be printed from the State Water
Resources Control Board website at: www.swrcb.ca.gov/sbforms/
All future sewage disposal system repairs shall be completed in the designated reserve areas and:
shall meet Class I Standards. Alternate reserve areas may be designated if soil evaluation "and
testing demonstrate that the alternative reserve area meets or.exceeds all of the requirements that
would have been met by. the original reserve area.
9. Toilet facilities shall be.provided for patrons and employees. A copy of the floor plan showing the
location of the restroom shall be submitted to Project Review Health priorto issuance of building
permits._
10. Prior to issuance of a building permit, the project developer shall provide the County with the name
and telephone,,'number of the individual empowered to manage construction and operational noise
from the project. The individual's name, telephone number, and responsibility for noise
management shall :be posted at the project site in a location easily visible to the public. The
individual shall record all noise complaints received and actions taken in response, and submit this
record to the project planner upon request.
11. The building plans shall 'include the following noise reduction features which shall be maintained in
good operating condition:
Baghouse fan stack silencer. Install a silencer between the baghouse fan and the exhaust
stack. The silencer shall be designed to reduce the A-weighted sound level of the fan
exhaust by 20 dBA when the fan is operating in the range of 70-100% of maximum airflow.
~~O
Conditions of Approual - PLP04-0046
December 8, 2009
Page 3
Baghouse fan casing barrier or enclosure. Install a barrier along the west side of the
baghouse. fan casing. The barrier shall be made of sound absorptive steel panels or
mass-loaded quilted vinyl (1:5 pounds per square foot). The barrier shall be 12 feet tall and
located within 3 feet of the fan casing. It shall return along the south and north sides of the
baghouse fan casing. Alternatively, a ventilated enclosure can be used that is constructed of
sound absorptive metal panels and designed to achieve an A-weighted noise reduction of 15
Dba.
c. Fiberbed fan stack silencer. Install a silencer between the fiberbed fan and the exhaust stack.
The silencer shall be designed to reduce the A-weighted sound level of the fan exhaust by 15
dBA when the fan is operating at 100°/a of maximum airflow.
d. Gear reducer enclosure. Install an enclosure around the gear reducer for the asphalt burner
drum to reduce its noise level by 15 dBA.
e. Air compressor enclosure. Install an enclosure around the air compressor to reduce its noise
level by 20 dBA.
f. Air cylinder silencers. -Install air cylinder silencers at the hatcher and discharge gates
designed to reduce 4he' air release noise by a minimum of 20 dBA.
g. Non=metallic aggregate sorting screens and, screening panels on the conveyor arrd
Non-metallic materials such as neoprene, rubber or high-density
polyethylene (HDPE) can significantly reduce the noise generated by the crushed concrete
bouncing on the screens:
h. Line all unenclosed hoppers .and chutes on he conveyor at which aggregate materials fall
onto a metal surface with a sound deadening material such as 'heavy neoprene, rubber or
HDPE.
i. Enclosed transfer points. Enclose the points along the conveyor system where material
transfers: from one belt to another by means of a hopper. The enclosure material shall have a
minimum surface density of 1.5 pounds per square foot.
j. ,The asphalt plant drum. mixer and burner shall be completely enclosed within a
building and ventilation and air filtration systems installed within that enclosure.
k. Asphalt plant stockpiles along loop. road. The loop road included in the proposed
development plan shall be relocated to the west to allow for the asphalt plant stockpiles to be
placed between the loop road and railroad tracks. A 16 foot sound/retaining wall with a 12
• foot sound insulated gate and landscaping shall be placed along the easterly ,property lirie
abutting. the aggregate piles.
The applicant shall have a qualified acoustical engineer inspect the site and equipment and submit
a verification of compliance with these conditions prior to operations.
12. To provide noise mitigation to adjacent residential properties and prior to building permit issuance,
the applicant shall notify property owners of the affected residences (APNs 019-220-040, 019-220-
041, 0'19-320-003, 019-320-010, 01.9-320-011, 019-320-016 and 019-370-021) that the applicant is
offering to upgrade specified windows. The upgrade shall offer•windows rated for a noise reduction
that is a 10 dBA improvement overthe existing window's noise reduction for the homeowners along
the River and at the hillside west of Highway 101, for all habitable. rooms on the side of the
31
Conditions of Approval - PLP04-0046
December 8, 2009
Page 4
residence facing the project site. The applicant shall provide specifications for tFie vi.inddvrs to the
homeowner. The homeowner will theh be responsible for receiving 3 bids from qualified cohtractors
to purchase and install the windows. The applicant shall promptly pay the homeowner for 4he cost
of the lowest bid after the windows are installed and accepted by the homeowner:. The applicant
shall warn the homeown,er'thatche offer only pays for normal installation of the windows but will hot
pay for any additiohal work Necessary to allow installation of the wihdow, such as repair of dry rdf or
termite damage.
13. Prior to building permit ssdance,~the.,ap'p.licant shall submit a desgh for trash enclosures and
recycling areas for review and approval to Building Plan Check. (Fees may apply). ~ Note that frash
trucks must have.at least a 32 foot°turning radius at the trash enclosure and the dumpster must
have 16 feet. of overhead clearance, Please note that the: Local;Enforcemeht Agency (at
Environmental Healfh) bills at an ho°urly rate for enforcement of vidlations of the solid waste
requiremehts.
CONSTRUCTION PHASE REOUdREMENTS:
14. The project developer shall'imPlement measures to reduce the noise levels generated by
construction eguipmentoperating at the project site during project grading and construction phases.
The developer shall include the following requirements or measures shown to be equally effective in
construction contracts:
All construction equipment shall be equipped with improved, noise muffling, and have the
manufacturers' recommended noise abatemeht measures, such as mufflers, engine covers,
and engine isolators ih good wdrking .condition. .
b. Stationary construction equipment that,ge'nerates noise.,levels in excess of 65 dBA Leq shall
be located as far away'from existing occupied residences as possible. If required'tominimize
pote,ntia) noise conflict's, the equipment shall b"e shielded from noise sensitive receptors by
using temporary walls, sound curtains, or other similar devices.
All equipmenf shall b~e turhed off ifhot in use foY snore than, 10 minutes.
OPERATIONAL REQUIREMENTS:
15. Connection shall cohtinue to be made to publiewater.
16. A safe, potable water supply shall be provided and maintained.
7.7. Maintain the annual operatih,g permitforanyAlternative (mound or pressure distribution) or
Ezperimehtalseptic system installed per Sonoma Gouhty Code 24-32, and all applicable Wasfe
.~ _
Discharge Re"iauirem'ehts set b.y the Regional W ater Quality Control Board:. '
1$. Use of the,on-site wastewater disposal system shall' be in accordance with the d'esigg and•apprgval
of the system.
19. Comply'with. app,lica6le hazarddus waste generator, underground storage tank, above ground
storage tank and' AB21'85 (hazardous materials handling) requirements and maintain any applicable
permits for•these programs.
20. A mosquito and vector control plan shall be prepared by a qualified.:professiohal and submitted to
the Morin>Sohoma M.osg'iiito and Vector Cohtrol District for approval (telephone: 707-285-2200).
The approved. plan shall: be submitted to SCPRMD prior to on-site earthwork activities and shall be
implemented as 'part of the proposed project. ,The plan shall specify, areas where mosquito larvae
are likely to be present on-site (e.g., in areas with standing water) and mosquito management
methods._ The mahagement method`s may include the use.ofchemicaas (i.e„ pesticides), biological
methods (e.g., use ofmdsguito fish in water bodies, dr Bacillus thuringien"sis), and/or control of
3
Conditions of Approval - PCP04-0096
December 8, 2009
.Page 5 '
excess runoff and areas where water can accumulate. The Project Review Health `Specialist shall
receive a copy of•the vector control plan and an acceptance letter from the Marin-Sonoma Mosquito
and Vector Control District.
21. All tugboats shall utilize EPA certified 900 horsepower Tier-2 or lower emitting main engines, Ties-3
132. horsepower auxiliary engines, 8 hour.operating roundtrip times and utilize on-shore electricity
while unloading at-all times. In addition, the tug operators shall commit to using Tier-3.engines, 10
years after commencement of operations, or as soon as they are available after the 10 year
period.
22. The following noise reduction features shall be maintained in good operating condition:
To the extent feasible, noise. barriers/blankets shall be placed on the southern portion
of the barge to screen barge unloading activities .in the direction of the riverfront
residences.
b. Utilize non-metallic aggregate sorting screens and non-metallic screening,pahels on
the conveyor Non-metallic materials such as neoprene,
rubber or high-density polyethylene {HDPE) can significantly reduce the noise
generated by material bouncing on the screens.
o, Llne all unenclosed hoppers and chutes on the conveyor at which aggregate materials
fall onto a metal surface, with a sound deadening material such as heavy neoprene,
rubber or HDPE.
23. In no case shall facility operations exceed a 60,dBA Ldn average daytime/nighttime noise
level of the exterior.of the nearest noise sensitive receptors nor 60 dBA CNEL at
$hollenberger Park'.
Asphalt production, aggregate and.recyciirrg sand distribution, and truck loading operations
sha0 not exceed the adjusted daytime maximum L50 of 55 dBA or adjusted nighttime
maximum Lso of 50 dBA, as measured at the exterior of the, nearest noise sensitive receptors.
24. Om the project's riverfrontparcel (APN' 019-220-001), noise sources related to barge docking;.
off-loading, and. conveyor operations may exceed the adjusted maximum daytim'e'L50 of 55
dBA and may exceed a nighttime adjusted-maximum L50 of 50 dBA up fo six nights per year
during the non=nesting season (September 13~ to February 14~h), subject to a noise
management plan. The noise management plan shall include, provisions for maximum noise
level limits, noise monitoring, complaint.resp'onse and allowable hours of operation along
with addressing potential cumulative noise impacts from noise events in the area. The noise
management plan, subjec to PR MD review and approval, shall be provided prior to
commencement of operations and shall be prepared by a qualified acoustical consultant,
hired at the applicant's' expense. Under no circumstances shall noise exceed a maximum L50
of 67 d8A at the nearest noise sensitive receptors.
35
Conditions of Approval - PLP04-0046
December 8, 2009
Page 6
26'. Install.an OSHA approved strobe light back-up 'notification system on front-end loaders that are
used at the asphalt plant. 'Use the strobe lights exclusively instead of beepers during nighttime
hours.
27. If noise complaints are received from nearby residents, ahd they appear to be valid complaints in
PRMD's opinion, then a"gualifie'd acoustical consultant, to;be hired at the applicant' expense, shall
conducf a noise study to determine if the current operations meet noise standards and identify any
additional feasible noise mitigation .measures. A copy of the noise study shalPbe.submitted to the
Project Review Health Specialist within sixty days of notification from PRM D that a .noise complaint
has been received. The owner/operator shall implement any additional feasible mitigation measures
needed'to'meet noise standards.
FLOOD AND DRAINAGE:
The conditions below have been satisfed" BY
PRIOR TO BUILDING/GRAD1NG PERMIT ISSUANCE
DATE
28. Grading and/or building permits require review and approval bythe Drainage Review Section of the
Permit and Resource Management Department prior to issuance.
29. - Drainage improvements`shall be designed by a civil engineer in accordance with the Sonoma
County Water Agency Flood Control Design Criteria, and .included with the improvement. plans,.. and
shall be submitted to the Drainage Review Section of the Permit and Resource Management '
Department for review and approval.
30. A drainage report shall be prepared by a civil engineer and be submitted with the grading or building
permit application. The drainage reportahall include, at a minimum, a project narrative, on-
dff-site hydrology maps and drainage calculations, hydraulic calculations and analysis for all
-, pertinent existing and proposed drainage facilities, and a 100-year overland release route map.
31. A building setback line along the.. waterway shall be measured from the toe of the stream bank
outward, a d.istarice of 2 ''/zr4imes the'heighfof the stream bank plus 30 feet; or 50 feet outward from
the top of the stream. bank, whichever distance is greater. Construction within this setback line is
permitted but may require additional engineering to erisure thaf erosion from the drainage. doesnot
:affect building footings. Any creek setbacks, including but not limited to building setbacks or riparian
corridor setbacks, shall be shown and_ noted on the improvement plans.
32: The project is located within a Special Flood Hazard Area. No fill shall be placed in any Special
Flood Hazard Area, unless an, engineering analysis demonstrates that no :reduction in flood storage
capacity within the Special Flood Hazard will result form the fill placement and related .
imp"rovements.
33: Any land subject to inundation by a 100-year flood shall be delineated and shown on the
construction plans as "SUBJECT TO INUNDATION".
34. The site is affected. by flooding from the Petaluma River. The 100-year base flood elevation is
estimated to be at7 feet above mean sea level. The lowest floor elevation of'any habitable
structure must be at t3 feet or higher above mean sea level. Elevations are based on the National
Geodetic Vertical Datum of 1929.(NVGb 29).
35. The design engineer shall include a grading plan which. clearly shows all existing and proposed land
'features, elevations, roads, driveways., buildings and drainage facilities such as swales, channels,
closed conduits, ordrainage structures: Additionally, the grading plans mustahow the finished floor
elevation.of any proposed buildings.
y~
Conditions of Approval - PLP04-0046 ,
December 8, 2009
:Page 7
36. The design engineer shall inclu,de.an erosion prevention/sediment control plan •that clearly~shows.all
best management practices, pertinent details, notes, and specifications to prevent damages and
minimize adverse impacts; to the environment. Tracking of soil or construction debris into the public
right-df-way shall be prohibited. Runoff'containing concrete waste or by-products shall not be
allowed to drain to the storm drain system.
37. Residue or polluted runoff from waste receptacles shall not be allowed to drain directly to the storm
drain system.
38. Polluted runoff or debris from stockpiled .materials shall ndt be allowed to drain directly to the storm
drain system.
39. If the cumulative land disturbance of the project is, equal to. or greater than one (1) acre, then the
.project is subject to NationalPollutant Discharge Elimination System (N'PDES,) requirements and
must obtain coverage under the State Water Resource Control Board's General Construction Permit
(General Perm. it). Docu,mentatioh of coverage under: the, General: Permit must'be submitted to the
Drainage Review Section of the Permit and Resource Management Department priocto permit
issuance. ,
40. As recommended in Section V.G (Hydrology-and Water Quality) of the Draft EIR, a Stormwater
Pollution. Pceventi.oh Plan (SW,PPP.) shall be prepared and' implemented using .Best Management
' Practices to control both construction-related erosion and sedimentation and project-related
non-point discharge into waters on the site. The plan shall contain .detailed measures to control
erosion of exposed sdil, provide for revegetation of graded slopes. before the start of the first rainy
season following grading, address non-point source pollutants to ProtecYwetlands and water quality
in the drainage, and specify procedures for monitoring of the effectiveness of the plan. The SW PPP
shall be submitted to PRMD and the San Francisco Bay Regional Water Quality Control. Board
(SFBRW QCB).
41. All necessary permits shall be secured to allow for modifications to wetlands, drainage channels,
and the shoreline of-the Petaluma River on the site. Evidence of permit authorization from the Joint
Aquatic Resource Permits Application Center or JARPA (which may include the U.S. Army Corps,
RW QCB, BLDG, CDi=G and others) shall be submitted to #h.e PRMD prior to issuance of any
,grading or building permits by the County to ensure compliance vrith applicable State and federa'I
regulations.
42. The applicant shall retain a qualified geotechnical engineering firm 'to fully evaluate the potential for
aggregate stockpiles (both. new and recycled) to cause overloading'., and instability df the underlying '
.:bay mutl. The geotechnical firm shall design and construc# a stockpile storage area that is s#able
under both static and dynamic (i.e., seismic) conditions in accordance with current standards of
practice.. The geotechnical design shall include over-excavation. of the' bay mud ;and replacement;
with engineered fill, placement of geogrid reirifo[cement under the stockpiles, or other"meansto
ensure that the stockpiles would not cause rotational failures or damage to the nearby railroad
tracks.. -Cortrolled settlement overtime at the stockpile storage`area is acceptable. The design
shall allow for no displacement within the railroad right-of-way:.. Post-construction monitoring of the
performance of the geotechnical solution, including detailed measurement of settlements, shall be
required and' conducted on a yearly basis for five years after the grading permit is issued.. The
applicant shall ensure that annual monitoring reports are submitted to PRMD Engineering Division
for review and approval. Any unexpected failures or settlemen#s exceeding#hose that were
predicted in the geotechnical study shall be addressed by prompt corrective action within 60 days of
the. report date atthe operator's sole expense (at no :cost to the County). If at the end of five years,
the geotechnical consultant and the County are in agreement, the monitoring and reporting may be
terminated. If determined necessary by PRMD, monitoring shall be continued at the applicant's
expense. The geotechnical design shall be reviewed` and approved' by the County technical staff
prior`to approval of the grading permit for the project.
41
Conditions of Approval - PLP04-0046
December 8, 2009
Page 8
43. Reduction in the potential for damage due'to soil lurching and resulting surface cracking shall, be
achieved by either soil improvements techniques, such as deep soil mixing,. the replacement of
unstable soils. with engineered fill, or a minimum of 25-foot setbacks for all improvements from
channel banks as recommended by the geotechnical reports.
44. The recommendations of the geotechnical investigation report regarding settlement shall be
implemented for all grading and building permit activities. The specific recomm eridations for
mitigation of potential settlements associated with native soil, bay mud and fill boundariesshall be
implemented, such as excavation of the soft compressible bay mud and replacement with
compacted fill.
45. The 5W PPP required for the. project (see Mitigation M'easures'in the Hydrology and W titer Quality
Section) shall include emergency procedures for incidental hazardous materials releases;. The
procedures shall include necessary personal.protective equipment, spill containment procedures,.
and training of vrorke;rs fo~i•espond?to accidental.spills/releases., The SWPPP shall be submitted to
PRMD and the San Francisco .Bay. Regional Water Quality Control Board.
46. The SW PPP shall also. include Best. Management Practices, which shall include requirements for
hazardous materials storage during construction td miriimize the potential for releases to occur (see
.Mitigation Measures in the Hydrology and W afer Quality Secfiori). All use, storage,transportond
disposal of hazardous materials during construction activities shall be performed in accordance with
existing local, state, and federal hazardous materials regulations.
4,7. Prior to .construction., the owner/operator shall file a Notice. of Intent to comply with'the statewide
General Permit for Discharges of Storm'W titer Associated with Cdnstruction Actibities. A SVV PPP
shall be prepared for construction activities. The SW PPP shall include all provisions of the Erosion
and Sediment Control Plan submitfed by. the applicant. In addition to the regulatory requirements for
the SW PPP,. the site-specific SW PPP shall include provisions for the minimization of sediment
disturbance and production of turbidity in and adjacent to, the Petaluma River during construction of
the proposed barge unloading facility. Ths SW-PPPSha l be submitted to PRMD and the San
Francisco Bay Regiorial Water Quality Control Board.
48. The applicant shall repair or-replace the existing partially blocked culvert under the railroad
right-of-way to improve tidal, circulation subject to review and approval from SMART and prior to
commencement of operations on.the project site. The function of the culvert shall be maintained for
the life of the project. A maintenance program for all culverts shall be developed anii incorporated
into the site's SW PPP.
49. Prior to commencement of operations, the owner/operator shall prepare asite-specific SW PPP for
the operational period of the project and submit the SW'PPP to the SFBRWQCB. The. SW PPP shall
' meet all requirements of the most recent statewide Industrial`Storm W titer General Permit.. At
minimum, the SW PPP shall include design, operation, and maintenance specifications for:
Control of sediment discharges at the loading facility oh the Petaluma River that. minimizes
the potential for spillage of aggregate' materials into the river and the disturbance of river
sediments during anchorage. of the barges'. Barges should arrive "clean".(no sediment or
aggregate materials on horizdntal surfaces outside of the hold). Off-loading procedures shall
include.provisionsfgr eliminating the creation of dust (e.g.. continuous misting so that newly
exposed aggregate surfaces stay wet, but not so much water application that runoff is
created).. The conveyor system shall be enclosed and fitted with dust control devices (e.g.,
misting units): Aggregate exiting the conveyor system shall be mdist to wet so that dust is not
generated as it drops from the conveyor to the storage piles.
b. Measures designed to protect river water quality at the barge off-loading facility (Area A). The
loadershall not be refueled or receive major maintenance while on the over-the-water
off-loading facility. The loader shall be moved to an appropriate land-based location ,(a
minimum of 30 feet from the top of river bank) for refueling and maintenance.
~2
Con;ditigns of Approval - PLP04-0046
December 8, 2009
Page 9
The entire. parcel,adjacent to the off-loading facility (Area A) shall be modified to provide
enhanced water quality protection for the river and tidal inlet. A limited access zone shall be
established within 50 feet of the High Tide Line and within 10 fe.et•of the top of bank fb the
slough.. This will allow limited access roads to the;off-loading facility and along the cohveyor
system to be constructed. The roads shall be placed.at the maximum feasible distance (but
not less than 50 feet) from the tidal inlet to provide a water quality buffer. If it is necessary for
any road to be elevated above the surrounding "grade, the escarpment created by the road
shall be protected by riprap and/or bioengineering techniques so that the road is stable if the
site is inundated during flooding. Permitted improvements within this zone shall be clearly
identified and mapped, and no 'industrial orcommercaf activities other than those proposed
by this project shall be permitted on this parcel. The remainder of the parcel shall be
regraded so that shallow stormwater bioswales border the access roads on either side. The
bioswales shall be desighed and cohstructed ih accordance with the requirements of the
County PRMD. The existirg baserock shall be .removed from the parcel and the existing soils
either amended or new planting medium imported so "that vegetation can be re-established
over the entire parcel'(exc~ept at the road locations.). The applicant shall ensure that no net fill
occurs on the site (i:e. ahyfill imported to the site must be offset by an equal or greater
volume of material export out of4he floodplain).
A treatment catch basin and sand filter (or multiple basins and filters) that will capture and
treat all runoff from all processing and storage"areas for at least the 10-year design storm
event. Discharge from the catch basin and sand filter shall be visibly clear (i.e., not turbid)
and meet applicable water quality standards. If turbid water is observed to be discharging
frbm the. catch basin and sand filter, the system shall be"expanded and/or redesigned in
coordination with the County and RWQCB so that adequate pretreatmeht is achieved. Only
visibly clear water that meets applicable water quality standards should be discharged to, the
wetland areas, The SW,PPP shall include specifications for regular maintenance of the basin
and sand filter and procedures for disposal and/or reuse of the used filtration material.
An emergency shutoff system that will allow the plantoperator'to stop"discharge from the
catch basin should a chemical spill occur at the facility. Agate valve or similar structure that
can'shut off flows out of'tFie catch, basin shall be included in the basin design. The method for
engaging the shu#dff system shall be simple and the proc•e`dure provided to all appropriate
plant employees as part of routine training.
As required by the g"ene~al permit for industriaf activities, the applicantshall conduct regular
inspections of the facility BMPs and collect storm water runoff samples during storm events
where a discharge occurs.. These data shall be reviewed for compliance with applicable
published U.S. EPA benchmark values for storm water runoff. If"the analytical results from
the sampling events indicate that benchmark values are being exceeded, corrective action
shall be implemented by the applicant in coordination with the RWQCB within 60 days ofithe
report. •
OPERATLONAL REQUIREMENTS:
50. The following are operational requirements for the project:
All activities and operation of storm water runoff BMPs are subject to regular
inspection by. the County and the RWQCB. If the County inspectors observe practices
that do not°protect surface water qualitj/ to the maximum extent practicable, then they
are empowered to and shall require the operator to implement corrective action.
b. Residue or polluted runoff from waste receptacles shall not be allowed to drain directly
to the storm drain system.
~'J
Conditions of Approval - PLP04-0046
'December 8, 2009
Page`10
c. Polluted runoff or debris from stockpiled materials shall not be allowed to drain
directly to the storm drain system.
TRANSPORTATION AND PUBLIC WORKS.:
"The conditions below .have been satisfied" BY DATE
PRIOR TO BUILDING/GRADING PERMIT ISSUANCE
51. .Prior to Building Permit issuance, the-applicant shall dedicate right-of-way for the new frontage road
improvements or enter into an agreement with Caltnans/SCTA to paya''fairsfiare"contribution
towards any unfunded.porto.h df theplanned constructiori of the, Highway 1:01/Petaluma Boulevard
South fhterchang_e Project (PBS I/C);. This`. is a planned C'altrans improvement intended to serve
existirig traffic and background. growth in,fraffic. Thee projects fair share computed as a proportion
of near term .cumulative traffic is estimated at 4.3% of the interchange costs that are attributed to
new development.
52. The project sponsd[ shall ihstall an actuated signal or other design feature deemed acceptable to
Caltrans and the County at the new intersection of Petaluma. Boulevard South and the.,project
driveway or construct a portion ofahe future off-ramp and frontage road in the same configuratioq as
,.the P$S I/C design requirements at the new. intersection of:Pefalu"ma Boulevard South at the project
'driveway'. Regardless of which approach is pursued, the. constructed improvements shall meet
Caltrans and County requirements in conformance with Caltkans/AASHTO.road design stahdards,
and shall be subjectto approval byCaltrans; SCTA and the County. In:parti.cularv; such design shall
consider the need to reduce motorist's speed for compatibility with the operation of the applicant's
driveway.
53. If an actuated signal is constructed, outbound right turns from ahe driveway shall ndt-be permitted on
red. The ap"plicant shall, ge# Caltraris` comments on the sigrialized intersection mitigation. forAM'/PM
signal timing in order to give priority to exiting Highway 1D1 .northbound traffic and avoid excessive
queuing. Advance signal: detection warning deyicesshall be required for off-ramp traffic combined
with long green times and short recall times for the rior'thbound through movement. All future
mainten:anc:e costs foc signal maintehance shall be borne by the applicant. An agreement between
Caltrans and the County shall be necessary for operational control.
54. The project sponsor shall.. provide a plan for the improvements within the public right-of-way to
acoomm'oda"te a' paved right turn lah;e from Landing Way fo Petaluma Boulevard South,..
Improvements shall include a "keep clear" designation on the'pave~menf of Petaluma' Boulevard
South to allow for left turn movements. All improvements shall be designed to County,standards.
55. -Thee exclusive northbound left-turn lane from Petaluma Boulevard. South onto the Highway 101.
southbound' on-ramp shall be-re-striped as a shared left turn/through lane.
58. The Developer shall mill, repair and`~oVerlay the existing pavement'as necessary to make a smooth
transition between the existing pavement and any new pavement.
57. Prior to commencement of operations, the operator shall enter into a "Roadway Maintenance
Agreement" with Sonoma County providing for payment of their proportionate share of the road
maintenance costs attributed to excessive road wear from loaded trucks entering and leaving the
facility: The fee shall be based ph the tonnage of aggregate and recycled materials imported to the
facility from aal sources. These. road maintehance costs shall only be paid in the event that the
Board of Supervisors establishes aper-'ton road maintehance fee that is applicable to businesses in
the aggregate industry. The road. maintenance fee shall be establisFied by the Board of Supervisors
for businesses in the aggregate industry, but shall not exceed-$0:69 per,toh/year in 2008 dollars.
This amount shall be adjusted annually based on changes in cohstruction costs. as reported in the
Engineering News Record (ENR) Construction Cost Ihdex for the previous year, or based on other
adjustment .factors approved by the Board of Supervisors.
~y
Conditions of`Approval - PLP04-0046 .
gecember 8; 2009
Page 11
58. The developer shall install traffic control devices as required by the Department ofiTransporEation
and Public Works, including items such as traffic signs, .roadway striping, pavement markers, etc.
59. ' All improvementssholl be constructed in accordance with the Department of Transportation and
Public Works Road policy.
60. Prior to issuance of any building permit ,that. results. from -approval of this application, a development
fee (Traffic Mitigation Fee) shall be paitl to the County ofSondma, as required by Chapter 26, Article
98 of the Sonoma County Code. ,
61. The Developershall obtain an Encroachment Permit from the- Permit and Resource Management
Department prior to constructing any improvements within Coun y Road right-df-way.
62. This 'proposal accesses the public road ystem using a road under State. of California jurisdiction.
Therefore, Caltrans shall-review thisdevelopment proposal far improvementrequirements. If
Caltrans determines that improvements to the roadway are necessary; the Developer shall obtain a
State of California Encroachment Pekmitbefore making any improvements within the state highway
right of way.
63. To allow for the smooth and'. safe movement of trucks entering, exiting the public road thaf provides
..
access to the property; entry to Petaluma Boulevard So,uEh'sholl-conform to AASHTO standards.
More specifically,;the D`evelopershall construct a driveway meeting. the following: criteria:
a. A miriimum throat width of 24 feet
b. Pavement ourve return shaving a radius to accommodate the inside wheel path of the
AASHTO WB-40 design vehicle
c. The driveway-surface shall be-paved a minimum distance of 25 feet from the edge of roadway
pavement
d. The driveway shall be,pe~pendicularto the public;road
e. The minimum sight distance for vehicles entering and exiting the driveway shall be in
accordance with AASHTO requirements for the speed traveled on Petaluma Boulevard South
f. The driveway improv.`em'ents shall be in place prior to,co'mmencement of`fhe approved activity
64. Any gate installed on the Developer's frontage with a public road shall be located a minimum
' distamce of 30 feet from the edge of the traveled way; in accordance with Sonoma. County
Manda4ory Fire- Safe Standards, Section 13-38.
65,.; The peveloper shall employ a Registered Civil Engineer; licensed in the State of'California, to
.develop plans for the,.required improvements. The scale of hese improvement plans shall be a
minimum 1 inch equals 40 feet, and shall be sub.mitted~on 24 inch by 36-inch sheets for review.
Ttie Plans shall include roadway cross-sections, at• a maximum interval between cross-sections of
50 feet.
66. Plan checking fees and Inspection fees„including those involving off-site frontage improvements,
shall be paid to the Permit and".Resource. Managemerit Department; prior to signafure of the
Improvement Plans by the Director of"the Department of Transportation anal Public Works.
67. The Developer shall submit improvement, plans for all required improvements to the Office of the
County Surveyor in the Permit and Resource Management Department for review and approval.
The. Director of the Department of Transportation and Public Works shall sign the improvement
plans prior to the issuance of a Gradng,.Building or Encroachment;permit.
~5
_ ~ :Conditions of-Approval- PL"P04=0046
• ,December,8, 2009
Page 12
68, ,Prior to occupancy of any new building or new use of an existing building which result from this
application, the,Developer shall complete construction of all~the required public improvements.
OPERATIONAL REQUIREMENTS':
69: Northbound Highway 101' trucks shall not be permitted) to enter or exit th'e project site during
the PM peak period;(4:00 p.m: to '6:00 p.m.)., g an actuated signal is constructed, outbound
right turns from tiie driveway,shalhnot be permitted on red. All future maintenance costs
for signal maintenance shall be borne by the: applicant: ,
70. The operator shall report annually to PRMD all aggregate,maferials brought to the site for
processing and their origin/source,. including recycling materials. This information shall be
deemed proprietary:
PLANNING:
"The conditions below have been: satisfied" BY ._ DATE.
PRIOR TO BUILDING/GRADIN.G PERMIT ISSUANCE
71, Frior to issuance of gradiri'g or• building permits, ihis'projecf shall submit building and landscape
plans for all new structures°(ihcluding, the volunteer.fire statidn,) to the Design Review Board forfinal
design review and approval.
72. The applicant shall pay.all applicable dev.elopment;~fees•prior to issuance of building permits:
73. Development on-this parcel is subject o the Sonoma County Fire Safe'Standard5 and shall be
Pevievred and approved by the County Fire Marshal/Local Fire Protection District. Said plan shall
ihclude; but note 6e lim',ited to: emergency. vehicle. access and turn=around at the building site(s),
- ~ ..
addressing., water storage for'fi.~e fighting and"'fire break mantena_n'ce around all structures. Prior to
occupancy, written approval indicating that required: improvements h:aVe been installed hall be
provided;to the•Permit and `Resource?Management Depar.'tment from the County Fire Marshal/Local
Fire Protection .District.
74. Se,parate'P an submittals and'buildng .permits are required for each of the following installations;
a. Faire sprinkler systems.:
b. O'r,=site underground fire lines; Hydrants and appliarices
c. Fire alarm systems ,
d: Asphalticloil storage tanks. .
75. W,'ith'i'n five working .days after?;projgct approval, the applicant"shalLpay a mandatory Notice of
l7eterm inatiori filing fee of. $50 (or latest fee in effect. at time of payment) for County Clerk
Processing; and $2;;768:2b (or latest' fee in effect at the time of,payment), because a Environmental
Impact Report was .prepared, for a total~of $2;818.25 made payable to'Sonoma County Clerk and.
submitted. to PRMD,. If the required filing. fee is not paid for a p~oject,'the project will not be
operative, t'est'ed„orfinal and any local permits issued for°the-project will be invalid (Section 711.4-
c(3) of the Fish and-Game Cod_e.) NOTE: If,the.fee is not paid. within five days after approval of the
project, it will extend the time frame for a CEQA legal challenge.
76. Prior to issuam;ce of a Use Permit Certificate and building/grading perm its, the applicant shall submit
fo the Permit and Resource M'anag:ement Department a condition compliance review fee.
77. This °At Cost" entitlement is ;not vested until all permit processing costs are paid in full. ,Additionally,
no grading or building permitsahall be issued until all permit processing costs and condition
complia'n"ce fees :are paid in,full.
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.Conditions of~Approval - PLP04-0046
December 8, 2009
,Page 13
78. The:ap,plicant shall include these conditions of approval on 'a separate sheet(s) of blueprint plan sets
to tie submitted for building and grading permit applications.
79. Prior to issuance of building permits,,an exteriorlightirig plan, prepared by a qualified fighting
'consultant, sh"all be submitted for review and approva] by the Design Review Committee and
PRfJ1D Project Review staff. Exterior lighting shalhbe low mounted and downward casting and fully
shielded. Lighting shall "not "wash out" structures or any portions of the site and shall not spill over
onto adjacent properties, or into the night sky. Light fixtures shall be full cut-off fixtures, take
ground fog into consideration., shall not be located atthe periphery of the ,property and shall shut
off automatically when the use is not operating. Security lighting shall be motion-sensor activated.
All lighting shall be installed in accordance with building codes and the approved, lighting plan during
construction.. Lighting outside of the asphalt production area shall shut-.off between the hours of
6:00 p.m. and 6:00 a.m. No lighting shall be directed toward residential areas, the egret/heron
colony on Area B of the site plan, Shollenberger Park, or open space areas across the river.
80. An air quality permit required for the individual operations (e.g. the asphalt batch plant, the
aggregate distribution, )shall be obtained from the Bay Area Air Quality
Management District. 'The operator shall prepare arid implemerit a comprehensive dust control
program to reduce the potential for dust generation associ"ated with grading and ongoing operation
of the aggregate facility; which includes, an on-site water truck,, an.-active watering program, and a
maximum on-site traffic speed of 15 miles per hour. In addition, wheel washers orsome other
washing method (e.g., water sprayers or use ofa water depression crossing) shall be
installed after the scales so that the tires of all trucks leaving the site are cleaned of dirt`and
graveFto minimize tracking of these materialsonto public roads. The applicant/operator shall
,provide-evidence that the necessary "Permit to Operafe" from BAAQMD has been obtained
p"rior to issuance of any Occupancy Permits or'commencement of operations.
81. This approval is subject to_ certain other clearances, approvals, perrriifs, or authorizations by state
and%or federal agencies. Specifically it is khown that-the applicant will need to'obtain clearances for
potential impacts to wetlarids and sensitive plant ahd animal species. The County's approval or
permit is valid only if the applicant, its successors, .heirs,. assigns or transferees, comply with the
terms, conditions and mitigations set forth in any clearance, permit or approval.
82. A landscape planshall be submitted fo the Design Review Comrriittee for review and approval prior
to issuance of Building or Grading Permits. The proposed landscape plan shall include additional
landscape planting in the following areas as identified on the approved project site plan:
a. along the northern, vrestern and southern edges ofArea A (landscaping along the
western edge of Area A shall be outside the existing 50-foot easement);
b. along the northern, eastern and southern edges of Area B;
c. clustered. trees native to the project area in landscape planters around the offices and
parking areas associated with the asphalt plant;
d. along the eastern side of Area C along the railroad tracks and incorporate trees with the
proposed ground cover within,Area C to further screen the proposed project from off-site
views;
e. screen' plantings shall borrow from, naturally established form, line, color and texture so
that the visual characteristics are compatible with their surroundings.
The landscape plari shall. also incorporate a maximum 7 1/2-foot high, 30-foot wide irrigated
landscaped. berm (maximum 2:1 slopes) where feasible along the portion of the site that fronts
Highway 1'01 an'd Petaluma Boulevard South, specifically south of the Caltrans right-of-way line and
east of the public right-of-way that extends into the project site. Landscape screening on the
y~
Conditions of Approval - PLP04-004.6
December 8,.2009'
Page 14
berm shall be sufficiently dense to screen the plant:and recycling facilities from ahe, freeway,
as determined by PRMD. The portions of the site plan affected by the 30-foot wide la:ri"dscape
buffer (i.e., stockpiles, access road; etc) shall be reconfigured to accommodate the landscaped
,buffer. This berm shall be located outside. of the future Galtrans right-of-way for the'Petaluma
Boulevard South/Highway 101 Intercfiange project.
83. Landscaping improvements along the east side of Petaluma Boulevard South shall conform with the
South Petaluma Gateway Project Plan landscaping requirements.
84. Existing trees in the area between the project site 'and Highway 1'01 shall be preserved to the
.greatest extent possible.
85. Landscaping along the streetfrontage shall consistof`a mixture of trees, shrubs and groandcover
in accordance with an approved landscape plan. All landscaping shall be automatically irrigated
with primary irrigation lines and equipment located ortprivate property.. Ari Encroachment Permit
and/or a Maintenance Agreement with the County shall be required prior to issuance of grading or
building permits.
86. Prior to building or grading permit.issuance, all structures, landscaping, lighting and
signage shall be su6jectao review and approval by the Sonoma County Design Review
Committee. All structures shalfconforin to the following desgr- criteria:
a. Colors used for exterorbuilding surfaces shall match. the hue, lightness, and
saturation. of colors of the immediatelysurrounding trees and vegetation.
b. All buildings and structuresshall consist•ofoon=reflecting material or be painted with
non-reflective paint.
c. Proposed imp~ovem.ents:at;theentrance to the site and vicinity of the fire station shall
be redesigned, to retain most of the existing blue gum eucalyptus trees that provide
visual screening of'th'e existing egret%heron colony, including the row of three existing
trees in the.parking lot 6etweentheproposedfire'stafion and~the parking stalls to the
south.
d. Roadway and building improvements shall be setback the minimum distances
indicated in the E/R to the stand of`trees supporting the colony.
e. All doorways and windows in the future fire station shall be oriented away from. the
colony.
f. Any required outdoor use areas'fors,torage and other°stafon operations;sha/Fbe
effecti,dely screened by fencing to obscure a' direct line of sight;between the outdoor
use and the colony.
g. Dense landscaping shall be provided to further screen the station, parking lot; and
outdoor"use areas from the colony.
h. All.lighting'shall be designed to minimize light intrusion beyond the operation areas on
the.site in order to pro ect sensitive wildlife habitat areas along the Petaluma River, the
egret/heron colony, and the proposed wetland mitigation area.
8'7. An eigh foot high solid wood fence shall be constructed along the. southerly property line of parcel
019-220-.001 (Area A) to screen the residence on parcel 019-320-010 from the barge. off-loading
operations.
~~
Conditions of Approval - PLP04-0046
December 8, 2009
Page 15
88. All necessary permits and authorizations shall be secured from regulatory agericies as required to
..allow for modifications to jurisdictional waters on the site, including any necessary cohsultation with
the USFWS and fVOAA Fisheries regarding a take determination. Evidence of permit authorization
through the JARPA process shall be submitted to the PRMD 'prior to issuance of ahy grading or
building perm its by the County to ensure compliance with appli;cabie State and federal regulations:
The applicant shall comply with all;conditions therein that are not otheiwise included as mitigation.
measures in this. Draft'EIR or as conditions of project approval by the County.
89. Although the potential for occurrence ofspecial-status plant species in areas of coastal salt marsh
and brackish water on the site i§ remote, the applicant shall conduct systematic surveys to confirm
absence in advance of ahy in,-channel disturbance. The supp einental surveys for special-status
plants shall include the following components and shallmeet the following standards:
Systematic surveys shall be conducted by a qualified .botanist in spring and summer (April and
June) fo confirm absence of any.special-status. plant species in areas of coastal salt marsh
and brackish water marsh'. This shall include the segment, of Area A along the shoreline of
-the Petaluma River and portions of Areas B, C, and D along the drainage ditch on the west
side of the railroad right=of-way.
If populations of any special-status p ant species area encountered, a mitigation program shall
be prepared bythe qualified botanist for any listed species. o'c. those maintained• oh Lists A, 1.B,
or 2 ofthe CLAPS InJento"ry:,The mitigation program-shall be,prepared in consultation with the
CDFG, and shall include anyappropriafe authorizations from the CDFG and/or the USFWS
for ahy species lisfed under'fhe Endangered Species Acfs. `Measures taken in the mitigation
program shall be based .on he life. history of the species erycouhtered, successful mitigation
treatments used #or this species in the past, and legal protective'status. These measures
shall iholude one or more of the following components as negotiated with agency
representatives: avoidance•of.the,population; collection of seed or' vegetative material during
the appropriate developmental stage of the plant; procedures for sowing, establishment, or
translocation of the species; developmeht of a maintenance and monitoring program specific
fo the ehvirohmental conditions necessary tor•survival of the new population; and identification
of a funding source to provide"•for implementation of the plan, and for long-term management
and maintenance of the mitigation area.
Potential impacts on, any species that are maintained on Lists 3 and 4 of the CLAPS Inventory
would not be considered 'significant and no additional mitigation would be required for these
species.
90. The proposed Wetland Mitigation ahd Monitoring.Plan (WMMP) shall ;be revised and implemented
to ihclude restoration'ahd enhancement o~f habitat along the shoreline.ofithe Petaluma Riveron
Area A of the site, and ensure its protection as part of long=term operations. The revised. WMMIP
shaal.;nclude the. following:
A limited. access zone shall be established within 50 feet:of ahe High Tide Line. and within 10
feet of=fhe top of bank to the slough. Permitted improvements within this zone shall be clearly
identified and mapped, including the pier; ramp, dock access; conveyor and transition
support, pipeline and intake structure for pumping River.water, and an access alignment
along fhe north side of the conveyor to allow for future maintenance of these structures.
b. All areas:outsidethe permitted improvements shall be designated for habitat restoration and
enhancement: Fills sh"allbe"removed to create additional coastal brackish .marsh, transitional
upper=zo;n,e'marsh, aril upland buffer habitat.
c. The.entire habitat,enhancementlrestoration area shall' be designed, revegetated, monitored,
and maintained as part of the proposed WM MP for the site.
4q
Conditions of Approval. - PLP04-0046
December 8, 2009
Page 16
A fence shall be installed along the perimeter of the habitat enhancement/restoration area to
separate sensitive habitat from permitted industrial use. The fence shall consist of permanent
4-foot high wildlife friendly fencing:
Permanent signage shall be installed at 50 foot intervals along the perimeter fencing that
reads "Sensitive Marsh Habitat/No Disturbance Zone."
91. The proposed WMMP shall be refined and implemented to address potential impacts on
jurisdictional waters and to enhance the habitat values along the Petaluma River. The final WMMP
shall be prepared by a qualified wetland consultant, and must be approved by Sonoma County .
PRMD, the Regional Water Quality Cohtrol Board (~RWQCB), the San Francisco Bay Conservation
and Development Commission (BCDC), the U.S. Army Corps of Engineers (Corps), and the
California, Department of Fish-and Game (CDFG). The plan shall clearly identify the total wetlands
and other jurisdictional waters ,affected by the project and provide for re-establishment,
enhancement, and/or replacement of wetlands. Revisions to the WMMP shall include the following:
Expand the proposed wetland mitigation area to include the additional habitat protection and
creation specified; under Mitigation Measure BIO-2 as well as enhancement of the draina9e
channel along the west side of the railroad right-of-way, a portion of which was previously
believed to be off-site when the draft W MM P was prepared. This may provide options to
ihcrease the acreage of created or enhanced brackish marsh wetlands and adjacent uplands
habitat, and possibly improve circulation in the southeastern portion of the proposed wetland
mitigation area.
Incorporate provisions for the control of invasive exotic species from the wetland and upland
enhancement mitigation area in Sections 5, 6; and 8 of the WMMP„ and expand this program
for invasive exotic species controF over the entire site; based on input from the Corps,
RW QCB, and CDFG . This shall include monitoring and maintenance provisions that call for
Periodic .inspection and .removal in spring and. summer, and a success criteria that specifies
successful cohtrol of target species within five years of initial construction of the wetland
mitigation area. Target species to be controlled ih the wetland mitigation area and remainder
of the site include: sweet fennel,. poison hemlock, Italian thistle, pampas grass, French broom,
Scotch broom, eucalyptus outside the heron/egret roosting colony, stinkwort, giant reed,
non-native cordgrass, pepperweed, and acacia, among others.
Provide appropriate soil testing and amendment as part of the landscape plan'and revise the
maintenance measures :in Section 8 to include additional provisions related to upland habitat
created and enhanced as partof the WMMP. Soil amehdmehtshall be provided as
necessary to ensure sucdessful establishment of desirable native species, as reflected in
on-going monitoring and maintenance requirementsofthe WMMP.
Require repair or replacement of the existing partially blocked culvert under the railroad
right-of-way as part of the WMMP to improve tidal circulation in the proposed wetland
mitigation area. The size and design of the new culvert shall be based on a detailed
hydrologic.assessment conducted by the applicant's consulting hydrologist, as reviewed and
approved by the permitting agencies and the property owner. Sizing of the culvert
replacement shall. consider any possible water diversion demand proposed for dust control
and its affect on surface water levels in the mitigation area, and the affects of possible
sedimentation on the long-term viability of the created wetlands.
Ensure that any proposed water diversion for dust control does not adversely affect the
feasibility and success of tidal and brackish marsh to be created in Area D..This shall be
.demonstrated on an annual basis as part of on-going monitoring and maintenance defined in
Sections 8 and 9 ofthe 1NMMP. Diversion shall be curtailed or an alternative method secured
if performance standards and success criteria defined in the WMMP for areas of tidal and
brackish marsh are not met due in part or wholly because of the proposed water diversion. .
50
Conditions ofiApproval - PLP04-0046
December 8, 2009
Page 17 -
Ihclutle minimum setbacks fromahe top ofbank to the drainage channels to be retained in
Areas C and D where they border proposed industrial uses. A minimum 5 foot setback shall
be provided from the'top of'each bank to provide for improved enhancement and prevent
inadvertent fill of these features. A fence shall be installed. along the perimeter of the
top-of-bank setback to separate sensitive habitat from permitted industrial use. The fence
shall consist of'a permane;nt•4-foot high wildlife friendly fencing that shall be open ih nafure to
.allow for passage of wildlife through or under"the structure with a minimum six inch clearance
at the bottom. Permarient"signage shall be installed at 100 foot:intervals along the perimeter
fencing that reads "Sensitive Marsh Habitat/No Disturbance Zone."
g. Installation of;the barge off-.loading facility shall minimize the use of fill tc the maximum extent
feasible. '
92. A containment system shall be designed. and installed to catch and collect any side-cast gravels
from the conveyor betvreen the pier and transition supportnear the. high #ide line of the Petaluma
River to prevent inad4e'rteritrfill of the jurisdictional waters. The containment system shall be
regularly maintained as:pact of norm al operations during the life of°the project.
93. The conveyor used:to`fransport gravel from Area A to the processing plant shall be enclosed and
designed to minimize disturbance to the nearby egret/heron:colony. The conveyor shall be
designed as close_fo the" ground as possible within_300 feet of the colony. A solid roof (metal,
fiberglass, or opaque plastic) shall be constructed over the con.~eyorsystem, and a
.walkway/maintenance-access be provided along the conveyor from the railroad crossing to the
:existing access road acrossArea B on the. site. The covering shall extend down at least the upper
half•ofthe west. wall facing the. egret/heron colony and the east wall facing the river to provide
additional visuaC screening. Human access-shall be:restricted to the coveted area along the
conveyor during the nesting season (February l5 through August31) except as noted under
Condition # 121.
94. An employee education program shalt be prepared and implemented to prevent inadvertent
disturbance to the egret/heron colony during the nesting season, (February 15 through August 31.).
Permanent signs shalFbe installed .around the perimeter of:a setback zone around the:egret/heron
colony at a .minimum 100-foot interval to alert workers and".the public thaw access to the area is
restricted during the nesting season. Signs shall extend along the northern boundary of'the site,
east edge of the fire station impro0ements;.nort~ side of the cross-site access read, and west side
of the railroad right-of-way. The signs. shall read °Nesting Colony/No Disturbance Zone/February 1`5
through August3l."
95. A comprehensive monitoring program for the egret/heron colony shall be developed and
implemented by the applicants, consulting biologist. Thais monitoring program shall provide data on
- trends 'in'the condition of th,e colony, responses to project-related activities, and', recommendations;
for necessary adjustments,to project operations. Details associated with the monitor.irig ,program
shall include •the following: ,
;a. Periodic monitoring shall be conducted to assess heron and egret behavior in advance of
project. im,ple,meniati'on, under normal project operations, during conveyor operations; and
during barge/n'ight-time lighting operations. Notes on heron and egret behavior and activity
ahd any changes in activity (i.e. signs of nervousness or,flight) shall be recorded. Monitoring
shall be provided fo""~"a mini"mum of five years following project implementation, and a
minimum of three. ;years following construction of the fire station., conveyor belt structure; and
` the barge/bight-time lighting'structures and other improvements on Area A.
b. Monitoring frequency and duration shall be modified based onsite observations and need to
provide conclusive data on.project-related disturbance. To observe behaviors during the
entire:testing."season, a minimum of three monitoring .visits shallbe provided to observe each
of°the conveyor operation, barge/night-time lighting, and normal 'operations during each. of the
5 ~~
Conditions. of~Approval - PLP04-0046
December 8, 2009
Page 18
1) nest selection/pair banding period (typically from m id-February to mid-March), 2) initial
hatching period, and 3) subsequent nest occupation/pre-fledging period.
Annual monitoring .reports shall be submitted to the PRMD by December 31 of each
monitoring year, and made available to the public. The annual report shall summarize
monitoring dates and methods, nesting behavior and success rates, and observations
regarding disturbance and otheY`factors affecting the colo:ny. Adjustments in on-going. project
operations made during the previous years as part of adaptive management and
recommendations for adjustments to or additional controls on continued operations shall be
specified in the annual report.
If the on-site colony is abandoned as the nesting location. at some point in the future during
implementation. of`the above required monitoring program, monitoring shall continue for at
least two years to confirm whether individuals have: completely abandoned the location. If the
colony has been. completely abandoned for the two year period, on-going monitoring and the
development °restrictions associated with protection' of the eucalyptus grove and nest location
shall no longer 6e in effect. However, the protective measures described in Condition No.
112 shall continue to be'in effect to protect the sensitive. h'abita4 along the Petaluma River and
parklands to the east.
96. Preservation through historical documentation of the former house and barns shall be completed,
following the Secretary of Interior's Standards for the Treatment of Historic Properties. Site
documentation shall be_ updated and brought to the level of current'pro,fessional standards, subject
to review and approval ofPRMD=Project Review staff.
97. Prior to earth disturbing activities, archaeological deposits and other features associated with the
house shall be identified using 4echniques including remote sensing techniques and/or searching for
features with a backhoe equipped with asmooth-edged blade underthe direction of a professional
archeologist. Following the conclusion of°the archaeological.monitoring, aFinal Report of Findings
shall be prepared by the archaeologist which describes the.monitoring process, including the final
disposition of impacts to archaeological site Ca=.Son-14ti5H and des:options and analysis, of any
formal or diagnostic artifacts recovered as a result of''the project: This Final Report of Findings shall
be completed to the satisfaction of Sonoma County PRMD, abiding by the guidelines specified in
Archaeological Resource Management Reports (ARM,Rj Recommended Contents and Format,
developed by the California Office'of Historic Preservation (OHPj, February 1990.
98. All employees shall undergo a cultural resources orientation and awareness training prior to
comm~e'ncing work activities on the site. Such training shall include familiarization with the stop-work
cestnctions, noticing, and handling procedures, and ulfimate disposition of artifacts as described.
below. The operator shall provide PRMD with a verification list of'fhe employees completing the
'orientation.
99. All building andYor grading permits shall have the following note printed on plan sheets:
"In the event that archaeological features such as pottery, arro"wheads, madden. or culturally modified
soil deposits are discovered at any time during grading, scraping or excavation within the property,
all work shall' 6e halted in the vicinity of the find and County PRMD -Project Review staff shall'be
notified and a qualified archaeologist shall be contacted immediately to make an evaluation of the
find and reportto PRMD. PRMD-staff may consult and/or notify the appropriate tribal representative
from tribes known.to PRMD to have interests in 'the area. Artifacts associated with prehistoric sites
include. humanly modified stone, shell, bone or-other cultural materials such as charcoal,. ash and
'burned rock indicative of food procurement or processing activities. Prehistoric domestic features
.include hearths, firepits, or house floor depressions whereas typical mortuary features are
represented by-human skeletal remains. Historic artifacts potentially include allby-produ"cts of
human land use.greaterthan 50 years of age including trash pigs older than fifty years of age. When
contacted, a member of PRMD Project Review staff and the archaeologist shall visit the site to
52
Conditions of Approval - PLP04-0046
D.ecerrilier'8; 2009
• Page 19
determine the. extent of the resources and #o develop and coordinate proper protection/mitigation
measures regi.uired fo.r the discovery: PRMD may refer the" mitigation/protection plan;o.designated
tr'ib"af representatives for review and comme:nf. Nowork shall commence until a
protection/mitigation-plan is reviewed and approved by PRMD -''.Project Review staff. Mitigations
may include avoidance,, removal, preservation and/or recordation in accordance with Californialavr
Archeological evaluation and mitigatioh'shall be at the app;licant's~sdle~expense: "
If Human rem-wins are encountered,,. all work must stop ih the immediate vicinity of the discovered
remains-and PRMD sfaff; C_"ounty Coronerand a qualified archaeologist must be notified
immediatel:yso that an evaluation can be performed~.Ifthe remains are deemed to be Native
American, the .Native American Heritage Commission m.usf be contacted by the Coroner so that a
"Most Likely Descendant" can be desi'gnated' and the appropriate; provisions of the California
Goverrrment Code and. California Rublic Resources Code will be fdllovred."
1.00. Prior to issuance o.f any, grading or co:ristruction permits at#h`e. project site, a~Consfruction Risk
Management Plan (CRMP) shall be prepared'by a qualified~env;ironmental professional and
implemented du ring•the•duration"of construction activities at the site: The CRMP shall summarize
prev:ious•ehvironmentai investigations con ducted,fo'_r'the project"st_e an`d,'in accordance with Stafe
and federal laws-and regulations,.sh'all descrbe,worker.health and safety provisions'forall workers
potentially exposed to residual contaminants in soil,'including ;the need. for-dust suppression
controls, air monitoring, perso.naf protective equipment to be worn by workers to minimize
exposures, soil man,agemenf procedures; management of dewate~ed groundwater (as applicable),
site control, and em"ergency response procedures. .
The CRM P shalLalso provide procedures to `be undertaken in the. event thaf~p;reviously unreported "
contamination or subsurface~hazar.ds~(such as septic systems, wells, underground pipel.ihes) are
discovered during construction,, and establish defail'ed procedures for the safe storage:, stockpiling,
sampling, reuse of fill, and'off=site disposal. of hazardous.mater,ials and other materials (fire debris;.
soil) at the. project site. •
The CRMP shall incorporate construction.safety measures for excavation and.. other construction
activities and procedures for abandonment of the former quarry pipelines. The CRMP shall
designate personnel responsible for implementation during construction activities and. shall 6e
submitteii'to the Sonoma County PRMD`for review and approval._
101. The observed fill material containing .brick and fire debris shall be sampled prior to soil disturbance
by an environmental professional; to assess the presence:bf°hazardou"s materials ahd the potential
. risk to human health and pub"lic safety from the contamination-(if any). The sampling sh;all,be
conducted bya gualified eriyironmental professional:in accordance .with".state and .local guidelines _
and regulations, with ove~sighYfrom the Sonoma-County Dep;artmeht of Environmental Health
(SCDEN:). The'~findi:ngs of the soil sampling investigation shall tie documen4ed jn a written report.
and submitEed to SC6EH and PRMD. .
If the results of the soil sampling investigation indicate the presence of hazardous materials that
could affect,pubiic health ortFie environment,. remediation of this area shalCbe required by'the
ap"plicatle reg"ulatory-oversight agencies. Specific remedies would depend on the extent and
magnitgde of contamination. Under the direction of the'SCDEH and the P•RMD, a Site Remediation
Plan shall be 'prepared, if required, by the,project sponsor or contractor.(s). The Pfan shall specify:
1;) measures to be taken to protect•vrorkers and the public from exposure to potential site hazards,
and 2) certify that the proposed remediation measures would clean, up the waste, dispose'of the
waste, and protect public health and .the. environment ih accordance with local, state, and federal
requirements. Any remedi'ation required shall be completed prior to earthwork in the areas affected.
102._ River water supp{y intakes shall be designed and constructed to mirlmize agifation•and entrainment
of sediments. This may beaccomplished by elevating the intake: ;above-the river bottom and/or
providing an energy dissipation-structure around the intake. Watershall'not.be pumped from an
53
Coriditions of Approval - PLP04-0046
..
December 8,, 2009
Page 20
ihlafid tidal waterway when the tide is low,~as purriping could expose the channel bottom, potentially
increasing erosion and scour. The potential for backflow 40 occur through the system shall be
minimized by the incorporation of one or more check valves (backflow prevention devices).
103. The project sponsorshall obtain the necessary entitlement from SMART to allow for a rail crossing
at Landing W ay and for the overhead conveyor'system, prior to issiia""rice of building or grading
perm its for th.e project.
104: The owner/operatorshall make an irrevocable offer to the County of'Sonoma fora 50-foot access
and utility easement pahallel~.to the SMART railroad tracks. on A'PN 019.-220-001. for the purposes of
ingress, egress and utilities.
105: T.he operator shall provide neighboring residents an all-weather veh"icular access route to Petaluma
Boulevard South, Access shall be designed; operated, maintained and recorded to the satisfaction
of DT.PW, PRMD and'fhe County Fire Marshal prior to building permit: issuance.
106. Priorto commencem;enf of operations or issuance. of a Vesting Use Permit Certificate, 'a 16
foot•sound wall shall be co.r-structedbetween the.asphalt;plantoperations and the railroad right-of-
wayand a 10 foot landscape planter shall be planted between the wall and the railroad righf-
of-way. The wall shalfextend northwacd.into the hi//side•af!the northerly end'of the property,
and include a 42 foot"sound insula eal gate across th"e private access roadthat can be
automatically opened by the~res"idents on the east side of the railroad tracks. The;gate shall
be placed far enough''back. from `the: railroad tracks to ensure that anyvehicle crossing the
tracks,has adequate lne;o'fsightand stopping distance fo the railroad crossing warning
signs. The wall shall b.e'designed. by a qualified acdustical engineer to minimize noise to the
residents and park users.
107. Priocto issuance:of"Building Permits, the applicanf/de:yeloper shad! submit a gfeerihou e' gas'
reduction plan' hat>will ensure there is no net'ncrease in greenhouse gas emissions
compared to the previously existing plant.As identifed•in the EIR, the necessary reduction
is an estimated 8060`tons of£OZ equivalent per year. The plan shall utilize all feasible
strategies to achieve this reduction, including.'but n,ot:limited to the use of,more fuel efficient
trucks; the use of alternative. energy.resources to offset increased demand,. reduced truck
idling times and/or off site m~t~gations. The plan shall.give priority to on-site measures' first .
and rely on offaite measures only after all feasible o,n--site .measures have been
implemented: The plan shall not claim reduction;credittor measures that would have
otherwise been requiredat the,previously exis ng plant,site. The plan, subjecf,to review and
approval`~byPRMD, shall quantify the project's annual•emfss"ions and.expected reductions
and shall be verified and certified by an independent entity with. expertise in this field.
108: P.riorto the issuance of any building/grading permits related to the docking facilities, new
moorings and/or anchorages.sfrall be, reviewed.to ensure that they do not;pose-a,hazard to!
n,aviga#on in the Petaluma River:., In addition, a "dolphin"-shall be placed outside ~of`the
navigation channel along ,fh:e exfe'n"sign of the Dutra/Yee property line into th"e Petaluma
'River o protecf;mooring'facilites on the Yee property (APN019-320-010). Barges docked of
;tile-Dutra s'ifeshall not encroach into the riverfrontareas of adjacent parcels (tugboafsare
excepted) nor shall they block any portion of'the navigable channel.
CONSTRUCTION.PH'ASE REQUIREMENTS
109. The. applicant.sha'll construct a gravel'pad at all exits used by construction equipment or
~ trucks o.~minimize,sol adhering o ahe vehicle tires or tracks. from leaving the construction
site. T.he pads'shalllbe construcfed,by placing crushed aggregate (greater than 3 inches and
smal/er~than ti:nche§) overge,otexfile. fabric to at least 12 inches in depth. The pad shall be
a'minimum of 20 feet wide and 50 feet in length. During periods when trucks are #ransporting
5'~
Conditions of Approval - PLP04-0046.
b.ecember 8,':2009
Page 21
soilto. orf~om the site; dirt that may have be"en tracked off the site shall be removed daily from the
street. The.area to be cleaned shall extend to the limit of noticeable dirt tracked from the site or for
a distance of 75 feet•on each side of a vehicle entrance or exit, whichever is greater. If water is
used to clean the street, then the quantity of water used shall not result in sediment being' washed
'into the storm sewer catch basins. Street sweepings shall be disposed of as a waste along with
waste soil in accordance with app icable regulations. To furfherreduce dus!'generation during
construction, fhe following measures shall be implemented:
All active construction areas sha/l,be watered at least twice daily
b. All access. roads, parking areas; and staging areas at the construe ion site shall be
paved; otherwise, water ornon=toxic. soil. tabilizers, shall.be applied to all unpaved
access roads...ln addition, :paved access roads, parking. areas, -and staging areas shall
be swept daily with •a water'sweeper. Streets shalFbe•swept daily with a water sweeper
in areas .where visible. soil.material is carried onfo adjacent public streets:
c. The applicant shall°hydroseed or apply,non-toxic soil stabilizers to inactive
construction areas (previously,gcaded area inactive for ten days ormore).
110: The applicant shall terminate, excavation .and grading activities wlien.winds exceed 25 mph or when
fugitive dust emissions are .visible for a•distance of 100 feet or more from the origin of such
emissions, and there isivi'sibfe evidence of wind driven fugitive dust. Wind speed would be
determined when an on-site anemometer re"gisters at least two w'rid gusts in excess of 25 miles ,per
hour within a consecutive 30=minute period.
111. The idling time of all construction equipment used at the: site sha'II not exceed five minutes.
112.. The applicant shall require construction cohtractors to ,install p"articulate traps when appropriate on .
diesel engines and th"e.:appticaht shall use the Minimum practical engine size for construction
equipment. Gasoline-powered equipment shall. be equipped-with catalytic converters, where
feasible.
113. Initial grubbing, grading, and construction shall be prohibited within 50 feet from the barik ofthe
Petaluma River during the nesting season (February 15 through August 31) to protect the stand of
coastal brackish marsh: on Area A that may provide habitat•for California clapper.rail, California
black rail, saltmarsh common yellowthroat, and San Pablo sorig sparrow_ This zone shall be fenced
and sighed as a "Potential Nesting/No Disturbance Zone" in advance of any construction on the
remainder df Parcel A to ensure equipment and workers remain outside the area. Construction
within this. zone may proceed during the non-nesting seas_oh (September 1 through February 14),
6u't must consider other possible restrictions associated `with in-channel construction 'activities.
1;1'4: .An.y ac_ti~,e raptor nests or nests of other birds protected un"derSfate Fish and Game Code and'"the
r Migratory Bird Treaty, Act in'.the vicinity of proposed•grading shall' be avoided until young girds are
able to leave ;the, nest-(i.e., fledged.) and' forage on their own. Auoi;dahce may tie accomplished
either by scheduling initialgrubb'ir9g and grading. during, the non-nesting period (September 1
through February 14) or, if this is noffeasible, by conducting apre-construction survey for raptors
and other birds`protected under State' Fish and Game Code and'the Migratory Bird Treaty Act.
Provisions of the pre-construction survey ahd nest avoida"nee, if Necessary, `shall. include the
following:
a. If construction is scheduled during the active nesting, period (February 15 through August 31),
a focused survey for nesting raptors and other birds protected under State Fish ahd Game
Code and the Migratory Bird Treaty Act shall be conducted by a qualified wildlife .biologist no
more 4hah 1.5 days prior to initiation of grubbing or grading to provide confirmation on
presence or absence of active nests in the vicinity.
55
.Conditions of Approval - PLP04-0046
December 8',;2009
,Page 2'2
b. If no active nests-are identified during the survey period, or if construction is initiated during
the non-breeding season,(September 4 through. February t4), grading and construction may
proceed:, unless prohibited by the provisiohs in Conditioh No. 101.
If active nests are,.encountered, species-specific measures shall be prepared by a qualified.
biologist.in consultation with the CDF.G and implemented to prevent abandonment of the
active nest. Af minimum; grading in the vicinity of the'nest shall b"e deferred uhtil the young
birds have fledged. The perimeter of the nest-setback zohe~shall be fenced with temporary
construction fencing or adequately demarcated; and construction personnel restricted .from
the. area. S;ignage shall be installed along the perimeter of the nest-setback zone at a
minimum 1Q0=foot ihtervals that'read "Nesting/No Disturbance Zone." Feh.cing and sighage
shall remain in' place:^until the qualified biologist `has determined. that any young have fledged.
The distance between the active nest and edge of the "Nesting/No Disturbance Zane" shall
depend on the nesting species; with a miriimum distance of at least 200 feet-for more
sensitive species such as rapfors and at least 75 feetfor more common passerine birds.
If permanent avoidance of the. nest is not feasible., impacts -shall be minimized by prohibiting
disturbance.within'th'e "Nesting/No Disturbance Zone",until.a qualified biologist verifies that
the birds have .either a) hot begun egg-laying and ihcubation, or 6) #hat the juveniles from: the
nest are foraging ihdependenfly and capable of indepen""dent survival,at an earlier date.
A report of findings shall,be prepared by the qualified :biologist ahd submitted to the PRMD for
review .and approval prior to initiation of grading. and, co,nstructdh in the "Nestirig/No
Disturbance Zone:." The report shall either confirm the absence:of any active nests or shall
confirm establishment of a designated "Nesting/No D:isfurbance Zone"setback during the
breeding season for any active nests. Supplemental repoits'shall be submitted to the PRMD
for review and approval to allow cdnstruction to proceed withinahese zones after anyyoung
birds have fledged.
115. Any in-channel construction work within the Petaluma River shall"only occur between July 15
through October 1°5 when out-migrating smolts and migrating adults would most'likelybe,abseht "
a long this .reach of the Petaluma River. The USFWS and NOAA Fisheries will be involved in the
review of the project application because of the potential wetland impacts as part of the Section 404
consultation process, and these agencies .may impose additionaf;restricfions to protect essential.
habitat fdr special-status species as' part of the Section 7 consultation required as part of the
Endangered Species Act. This would include screeriing of any intake for ahe pumping from the
River, and restrictions on pumping when migrating individuals would most likely be presehtin the
. River segment bordering the site.
11:6,. ,If required by the CDFG and U,SFWS as part of the permit process., apre-construction survey shall;
be co,ndu'cted by a qualified biologist to determine ifwestern porid turtle is present in the vic'in`ity of
proposed in-channel improvements. along the Petaluma River"and slough.. If required by the
agencies, a qualified biologist shall be present on-site during construction of in-channel
improvements to ensure that any turtles within the vicinity of proposed work are not harm ed.
117. An artificial egret/heron colony shall be constructed within the proposed 19-acre mitigation area of
the project site regardless:of the disposition of the existing colony. The artificial colony plan shall
follow the recommendatiohs of the Heron/Egret Rookery Impact Assessment and
Recommendations Report ("H/FRIAR report") prepared by LSA in April 2007 (see Appendix E of the
DEIR) and shall be subject to review and approval by PRMD prior to initiation.
118. Proposed construction shall be restricted away from the known e,gret/heron colony and from
potential nesting habitat along the shoreline of the Petaluma River during the general nesting
season (February 15 through August 31) to prevent possible nest abandonment and ensure
Sb
Conditions of Approval - PLP04=0046
December 8, 2009 "
Page 23
compliance with the Migratory Bird Treaty Act during th'e active ~estin..g seasons, except'as noted
under Condition ti 121. Construction activities iri Areas A and north of the cross-site ,access road
on Area B shall be restricted to the non-nesting season .(September 1 and February 14), unless
surveys indicafe that nesting has been completed before that time period. This iricludes ins#allation
of'all improvements on Area A (pier, ramp., pilings, conveyor,saccess and parking, and wetland
enhancement) and the "septic'leachfield~ fire station and, associated parking improvements.in the
north portion of Area B.
If any construction is proposed within .these areas during the nesting season, a qualified wildlife
biologist shall be retained by the applicant to conduct apse=construction nesting survey no more
than 7 days prior to initiato"n of construction to provide. confirmation on the presence or absence of
any active nest(s) in the vicinity. If any active nest(s) are encountered, species-specific measures
shall be prepared by the qualified biologist in consuitation with the CDFG and "implemented 40
prevent nest abandonment: At a minimum, construction in'the vicinity of the nest(s) shall be
deferred until the young birds have successfully fledged and juveniles from the: nest(s) :are. foraging
indepehdently and capable of independent survival at.an earlierdate. A survey repbrt,by the
qualified biologist verifying that;the young havesuccessfully fledged shall be submitted to the T RMD
for review and approval prior to initiation of construction in the nest=setback zone.
PRE-OPERATIONAL REQUIREMENTS
119. Prior to commencement of operations, the applicant shall submit an application for Use
Permit review/m.odificato'n. A report shall be prepared by PRMU after th'e facility has been in
operation for one year. The report shall include'a summary of'monitoring activities and'any
violations that have occurred'as'well as recommendations on any changes to improve the
operating conditions at,the facility orrevocationof the Use Permia: The report shall be
submitted to the Board of Supervisors for review at. a noticed public hearing.
120: Prior to operations, the~owrier/operator shall make application for a General Plan
Amendment/rezone on the.wetland-areatb LEA or other appropriate designation, and shall record a
protective easement or covenant"protecting the area in open s'p'ace in perpetuity.
OPERATIONAL REQUIREMENTS:
1'21. This Use Permit and.Design Review Permit is for an asphalt-,batch plant with a maximum prpduction
capacity of 225,OOO;tons per year and.an aggregate and sand distribution facility with, a maximum
annual export;:capacity of',5.345,425tons
' resulting in a facility with a total export capacity of G65 570,425 tons
per'~year. The 225,000 tons ofaspha/f:may include'up to 56,250 tons ofrecycled.asphaltland
'.concrete. The project also involves the-'construction and operation'of barge off-loading facilities o.n
th,e Petaluma River for th,e off-loading of sand and aggregates and a conveyor system` to bring the
mate~ials•to the facility and'sort'the materials into several piles.
The asphalt°batch plant facilities shall include_ the following:
- Cold feed assembly with six bins that hold different"sizes and types of. aggre"gate materials
- Counter~,flovv°drum mix assem(gly, which dries and heats aggr:gg_ates by tumbling it through hot air
-then moves 'into a mixer where it is coated• vrith heated asphalt cemenf and thoroughly mixed
Multiple Incline Conveyors';to mope materials
- Two heated and insulated'asph,altic oil storage tanks; 30,000 gallon capacity
- Heating oil plant
- '500. gallon fuel tank for e;qupm'ent
- Baghouse with exhaust vent.(ncludes an inertial separator to separate dust from gas stream) -
this is the emission. control system, which traps and removes fine sand and dust particles and
returns them to the mix
51
• C,gnditions ofiApproval - PLP04-0046
becem6er 8, 2009
;Page,24
" - ;Fiberbed Mist Callector(.blue smoke control system)
-Two 100 z6'9 -ton capacity silo towers for temporary asphalt storage
- Command Control.Center
-Two 10' x 140' Truck Scales
Tfie asphalt batch plant shall be a~maximum of'~fr''62 feet in'heightfrom grade, and the conical piles
of aggregate materials shall not exceed 20 feef in height. As previously stated, an enclosed
conveyor system would be utilized from the barge. dock to the. storage piles. that would be 20 #0 24
feet°above,grade: Related structures include a 1„500 square foot modular office building with a
reception area, weigh master area, an. operations office and a conference room.. In addition,
fa"cilities' for th'e San Antonio Volunteer Fire'i7epartment for training, maintenance and equipment
storage are included with the project. These''facilitiesskall not exceed 4,000 square feet.
The operations shall coriform to the following:
--.Five full-time and five part-time employees
tVormaf hours. of operations far the asplialt planf and aggregate and. sand sales are frbm 7:00
a:m. to 5:00 p.m., fJlonday through. Friday
_ .
- 24 hdur/seven days a week'.ope;rafigns at the aspha'if.plant are permitted for public projects
only with annual asphalf,proaluction n'ot to exceed 225;000 tons. Peak hourly production,
shall be limited to 3'OOfons per hour.
- Barge docking is permitted 24 hour/seven days a week depending on high tides or as,needed
- Barge off-loading and conveyor operations are only permtted,dui•ing daytime hours between
sunrise and sunset ('see note below) and up to six nights per yeanduring non-nesting season
(September'1 through February ~14), except as noted below
- Construction hours are limited to 7:00 am to 7:00 pm. on weekdays and 9:00 am to 5c00 pm on
weekends
- Maximum of 125 barge trips: per year
- Maximum of 250 trucks per day enteri"ng the projec site ,
Note: Sunset and sunrise'timesch'ange with the seasons; with; nigh time hours. ranging from.
approximately 5:30 p:m. to:•7:00 a:m. in early February, 'to 8:30 p.m, to 6:00 a.m. in mid-June.
Official, sunrise and aunset times shall be obtained from' a r..epu able source; su_ch:as the:
National Weather Service:..,
• .The n'ighttime`barg.e off-loading restrictions may be lifted:~for the following circumstances
and subject to P'RNID review and approval:
a. If the rookery's nolonger occupied, for a period of,~two years; then, the off-.loading, an;d
conveyor operations may occur any six nights throughout the year
. b. Jf the dwellingsare removed, the nighttime'off-loading,'hours will be restricted only
during the nesting season. (February 15 through,A`ugust 31), from sunset. to sunrise.
c.. 'If both, the cookery is.unoccupied fortwo years a,nd; th;e residences removed; nighttime
bag.e off-loading-resfricfions.would no longei apply; provided•tha.t no new res/deuces
or nesting birds are affected.
The use-shalt be operated in accordance with the proposal statement and site plans located in File#
~PLP04-0046. and in'the FEIR as modified by these conditiors.
122: ;The "e;gret%he~on colony in ahe stand of blue gum! eucalyptus shall be protected from
.' disturbance, particularly during the nesting season (February 15 to.August 31).
123': Once tertiary treated'-water is available from the new Petaluma water treatment. plant, the operator
shall be,i311owed to use treated v6astewater for some or all•oftfieir-dust suppression needs.
~.
5`~
Conditions of Approval.- PLP04-.0046
December 8, 2009
Page 25
124. Based oh the' coh'clusions in th'e HRSA dated: October 2, 2008aand fu#her review of the project's
operations by BAAQM D, the following operating conditions shall;be applied:
- All fu,gboats shall utilize E'PA certified 900 horsepower Tier 2 or`lowe~ emitting main engines and.
one Tier-3. 132,horsepowe~'auzilia"ry engine: In'addition,'the tug .operators shall commit to using
Tier-3 en"gives, 10 years after commencement of operatiohs, or-as soon as they are available
• after the.10 year,period.
- Tugs shall utilize on-shore electricity, at all ,times;, while barges are being unloaded
- The maximum rouhd trip operations for each barge delivery shall be 8 hours
-: The asphaltfruck'loading"area shal(be enclosed. `
- Properly tuned engines, mihimizing idling times,of`diesel powered.equipment fo two minutes,,use
of add-on emissions control devices„ use'ofalternative powered construction equipment; use of
alternative fuels and; use of engines that :are compliant with the respective EPA/GARB 201.0
standards
- the loading controls in the truck,loading tunnel shall be `e/ec;tricallyinterlocked with the
tunnefemission con fainm'ent doors to prevent the loading of hot asphalt mix if the doors
'are not closed. '
- all loaded trucks leaving the truckloading tunnel and.aggcegate (rucks leaving the site
shall be covered. .
- the plant shall shut down production and loading of;tucks f.eguipment designed o
capture and abate emissions from these operations become inoperable or ineffective.
_..
- all five on-site mobile sources of diesel PM emissions shall utilize one of three options:
a) use Tier 4 certfiei engines at'start-up (if available); ' '
b) use Tier 3 engines;, retrofitted with diesel particulate, filters that achieve' at least 85%
reduction in diesel PM emissions;
c) use Tier 3 engines (w/o diesel PM retrofits) for'no more than 10 years, and then switch
fo T,ier 4 engines .
125. In the even( that the asphalt plahf an,d "_ ', disfributon~ facilities are operatidnal
prior to the barge off-loading; facili4ies being installed or completed, the maximum annual imports
and exports,of'asphaltic oils,•crumb rubber, sand, asphalt,~;aggregates'and sand
shall' not exceed the amount as described in the DfIR and"er th,e "start=up!' phase of the p'rojecf, .nor
shall th"e number o.f ruc'k ~trips.iiuring-the "start-up" phase exceed he numbei of truck, trips
anticipated at build-out of the project (101,306 annually). This is summarized~as follows:
Imports: Aspha/tic Oil 1.3;500 tons
Recycled Materials 50,000 tons
Crumb Rubber 675 tons
. Aggregate 260,000 tons
Sand 47.000 tons
Total = 371;175 tons
ExpoFfs: Asphalt 1:38,000 tons
Aggregate 933;999'205,000 tons
Sand 28.175'tons
Total = 371,175 tons
1.26. In order to control dust and other airborne particles, the following conditions shall apply:
a. . (moved to #109)
a. All trucks hauling soil, sand, and other loose materials'shall be covered with tarpaulins or
other effective covers.
55
Conditions of Approval - PLP04-0046
December 8, 2009
Page 26
_ _ ., _ ,
. ~ :. : (mowed to #109)
b. All. access roads, parking areas, and staging,areas shalt be paved; water or non-toxic soil
stabilizers shall be a"pp'lied to; all other unpaved areas:. In addition; paved access roads,
parking areas; and staging areas, shall be-.swept dalywifh a water sweeper.
. (moved to #109)
c. The applicant shall enclose, cover; water twice dailyorapply non-toxic soil binders to exposed
stockpi"les (dirt, sand, etc:)': .
d. The applicant shall limit traffic speeds on unpaved roads to 15 miles per hour.
e. Minimize drop heights while Goading/unloading agg,i•egafe to the maximum extent feasible.
f. Applying water as needed to maintain visible dust to less than No. 1 on the Ringelmann Chart
measured over athree-minute period.
g. Minimize drop Heights while' loading/unloading aggreg"ate to the maximum extent feasible.
h. Applying water as needed ao maintain visible dust to less than No. 1 on the Ringelmann Chart
measured' ove7 a hree-minute period.
.,:
..(moved fo #80)
127: Off-road mobile diesel "equipment, including the Caterpill`ai- front-end loader, Kubdta tractor,
Caterpillar excavator, 10-whee dump truck, and 10-wheel wate,rtrQck, shall use diesel fuel
consisting of.20' percent.biodiesel (620 diesel). The use of'B20 has been shown to reduce
emissions of DPM':from off-road mobile equipment up 10 percent.
128: The project shalt comply with any applicable strategies adopted by GARB through promulgated
regulations.
129. To the ez_tent,feasible; the applicant-shall limit the hours of`operation of heavy-duty equipment
and/or the amount of equipment in use.
130. All equpment'shall be properly'funed and maintained in "accoriiance.with the manufactir[er's
specifications:. Emissions from all off-road diesel powered equipment used on the:pro}ect site shall
not exceed 40.,percerit opacity for more than three.m;inutes in any hour: Any equipment found to
exceed 40 percent opa.city(or Ringelm:ann 2,0)'shall be repaired immediately: A vsua,l.survey of all
ih operation equjpmenf sh"all be made at least weekly throughout the duration of the project .
construction. A record ofthe~ inspection shall be maintained on-site. The BAAQM D and/or other
'officials rriay;conduct periodic site inspections o determine compliance.
131.' Project;.operations associated with off-loading the barge, running the conveyor, and ilfumihation
beyond that: necessary#or essential security purposes shall be restricted to the minimum necessary
for critical tide dependent operations, during the nesting season (.February 15 through August 31)
l
Conditions of Approval - PLP04-0046
December 8; 2009 •
Page 2T
except as noted under Condition #121, to protect the sensitive nesting 'habitat in the egret/heron
colony and the on-site marshland habitat along the shoreline bf the Petaluma River.
Barges may be docked during the restricted' hours; but.no off-loading activities or operation of the
conveyer shall be allowed. Ligh ing as necessary for safety°and'security purposes during barge
docking shall be allowed. 'If'a barge is anticipated to arrive on a particular night during the nesting
season, the lighting sha`II be!turhed'on at dusk and `remain on .until the barge. has docked to
minimize the potentialfor disturbing birds if lights were to be suddenly turned on in the middle of the
night. Lighting shall be'tu~ned off after docking is complete. Otherwise, nighttime (ighting during the
nesting season shall remain off;-with the exception of that necessary for essential security or safety
purposes.
(Note that sunset and sunrise times change with the seasons and will range from approximately
5:30'P.M to 7 AM'in early f=ebruar.,y, to 8:30 PM to 6 AM in mid-9une, to 7:30 PM to 6:30 AM in late
August. Official sunrise and sunset. times shall be obtained from a reputable source, such as the
National Weather Service:.)
132. In order to ensure compliance with the conditions of approval, .qualified consultants shall be retained
by the County, at the applicant/operator's expense, to conducf inspections and ensure that the
project is constructed and operated in accordance with the specifications provided in the BAAQMD
Health Risk Screening Assessment dated October 1, 2008. and conditions of approval. Inspections
sha// be conducted randomly, four times each year, #or.a minimum period of five years.
Additional annual inspections'may 6e required by PRMD staff after the five year period
expires, if deemed necessary. .
133. Any malfunction to the asphalt plant operations or equipment shall result in the immediate
shut-downoffhe operation until the.malfuriction is correctetl..
134. Theowner/operator shall be required to maintain in good condition all street frontage improvements
along the property to theface of curb., including any landscape areas, sidewalks, or surface
drainage contained within the public right-of-way.
135. Storage of equipment, materials, tools, aggregate, miscellaneous debris, etc. shall not be permitted
on the riverfront parcel nor in the wetlands area.
1.36. No junk, debris, non-operative, vehicles or equipment unrelated to the proposed projact operations
shall be stored on the project site..
137. The existing billboard on the property shallbe removed when the lease expires.
438. The operator shall meet annually in advance with the North :Bay Rowing Club to ensure that project
' related barge operations do not conflict with their annual clu'6 event.
139. All truck. traffic entering and' exiting the site. shall utilize Highway 101. and the closest freeway access
ramps unless the trucks are providing materials to sites within the City of Petaluma or to points
directly west of the City.
141. Prior to the one-yearreview of the facility and subject'fo review and approval of the City of
Petaluma, the applicant shall install an informational/interpretive sign at Shollenberger,Park
across from the: barge off-loading area that outlines the history of the Haystack Landing
(D1
Conditions of.Approval - PLP04-0046
December 8, 2009
Page 28
area. If"the City of Petaluma determines th'a't no sign is desired, #hen this c"ondition shall no
longer apply.
142. Ahy pro pdsed modification, alteration', and/or expansion. of the use authorized by this Use Permit
shall require the priorreview and approval of`the. Permit"and Resource .Manage.-meat, Department or
the Board of Zoning Adjustments, as determined by the Director. $uch changes ma.y require a new
or modified Use Permit and`fuU environmental review.
143. This use shall be constructed,.maintained, and operated'in conformance with all applicable county,
state, and federal statutes, ordinances, rules, regulations and permit requirements. A violation of
any applicable stafu e, ordinance, yule, di• regulation shall be a violation of the Use Permit, subject to
revocation..
144. In order to secure compliance with these conditions of~approval and fo deter future
violations of these conditions and in addition to-any. ofh`er remedy allowed by law or this
permit, in the Director of the Department of Permit and. ResourcesManag'ement's sole
discretion, any violation of this permit maybe punishable'by a fine' not to exceed $2,500 per
day from the date o,f issuance tlirough.December 31, 201;5,and $3;125 per day from January
1, 2016 through December 31,: 2030. Thereafter the maximum daily.penalty shall increase by
25% every fifteen years. T.he amount of a penalty imposed under this condition shall be
proportional o the gravity of the violation and shall comport,with the "Penalty Calculation
Sheet" or other penalfycalculation policies, as approved by the Sonoma County Board of
Supervisors. Each ;dayahat the violation exists, sha//.,constitute a separate and distinct
violation, punishable o ithe fullest ext`en't allowed by law orfhs permit.
The Permittee may appeal any penaltyimposed under this paragraph to a Sonoma County
Administrative Abatement Bearing Officer and either the County or the. Permittee may appeal
the hearing officer's. decision to a Courtin the time and manner required bylaw.. In the event
that the County; or its ;designee, successfully joro:ves thatthe Permittee or its agents violated
a condition of this. permit to an administrative hearing office"r or in a-courtof law, Permittee.
shall indemnify County for all costs and attorney fees incurred as the result of enforcing the
conditions of approval of'this permit.
145. Upon reasonable notice, Permittee hereby authorizes the County, or its designee,' to enter
and inspect the parcel for compliance with these. conditions and the Sonoma: County Code.
146. This permiishall be subject to revocation or modification, bythe.Board of Zoning Adjustments if: (a)
the Board finds that~there has been noncompliance with any of the conditions or (b) the Board finds
that the use for which this; permit is hereby granted constitutes a nuisance. Ahy such revocation
shall be preceded by a public hearing noticed and heard pursuant to Section 26-92-120 and 26-92-
1.40 of the Sonoma County' Code.
In any base where a lJse Permit has not been used within three (3j years after the date of the
gran ing thereof, or`for such additional period as may be specified in the perm it,such permit shall
become automatically void and. of no further effect, pro~id'ed however, that upon written request by
the applicant prior to the expiration of the two year period: the permit approval may be extended for
not more than one (1)year by the authority which granted the original permit pursuant to Section 26-
92-130 of the Sonoma County Code.
~Z