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HomeMy WebLinkAboutResolution 2004-037 N.C.S. 03/15/2004 ~Zesolution No.2004-O37N.C.S. of the City of Petaluma, California APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE BOULEVARD APARTMENTS PUD TO BE LOCATED AT 945 PETALUMA BOULEVARD NORTH (APN 006-450-018) WHEREAS, an Initial Study was prepared and the results of the study indicated that the proposed Boulevard Apartments project, as mitigated, will not cause any significant adverse environmental impacts; and, WHEREAS, the P1amling Commission of the City of Petaluma held a public hearing on November 25, 2003 on the subject application, heard testimony and concluded that the findings and conditions of approval were adequate and recommended to the City Council approval of the proposed development; and, WHEREAS, the City Council reviewed the Boulevard Apartments proposal on February 2, 2004 and considered all written and verbal communications concerning potential environmental impacts resulting from. the project before rendering a decision. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find: 1. That based upon the Initial Study, potential impacts .resulting from the project have been identified. Mitigation measures have been proposed and. agreed to by the applicant as a condition of project approval that will reduce potential impacts to less than significant. In addition, there is no substantial evidence that supports a fair argument that the project, as conditioned and mitigated, would have a significant effect on the environment. 2. That the project does not have the potential. to affect wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, and is exempt from Fish and Game filing fees because it is proposed on an undeveloped site surrounded by urban development. 3. That the Planning Commission reviewed the Initial Study and considered public comments before making a recommendation on the project. 4. That a Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures. 5. That the record of proceedings of the decision on the project is available for public review at the City of Petaluma Planning Division, City Hall, 11 English Street, Petaluma, California. Resolution No. 2004-037 N.C.S. BE IT >F'URTHER RESOLVED that the City Council does hereby approve a Mitigated Negative Declaration for the Boulevard Apartments project, subject to the following Mitigation Measures, Reporting and Monitoring Program, and Construction Measures: 1Vlitigation Measures Air Quality AQ-1. The Applicant shall incorporate the following Best Management Practices into the construction and improvement plans and clearly indicates these provisions in the specifications. The construction contractor shall incorporate these measures into the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions during construction. a. Grading and construction equipment operated during construction activities shall be properly mufflered and maintained to minimize emissions. Equipment shall be turned off when not in use. b. Exposed soils shall be watered periodically during construction, a minimum of twice daily. The frequency of watering shall be increased if wind speeds exceed 15 mph. Only purchased city water or reclaimed water shall be used for this purpose. Responsibility for watering to include weekends and holidays when work is not in progress. c. Construction sites involving earthwork shall provide for a gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to clean mud and debris from construction vehicles prior to entering the public roadways. Street surfaces in the vicinity of the project shall be routinely swept and cleaned of mud and dust carried onto the street by construction vehicles. d. During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. e. Post-construction re-vegetation, repaving or soil stabilization of exposed soils shall be completed in a timely manner according to the approved Erosion and Sediment Control Plan and verified by City inspectors prior to acceptance of improvements or issuance of Certificate of Occupancy. f. Applicant .shall designate a person with authority to require increased watering to monitor the dust and erosion control program and provide name and phone number to the City of Petaluma prior to issuance of grading permits. g. If applicable, the applicant shall obtain operating permits from the Bay Area Air Quality Management District, and shall provide evidence of compliance prior to requesting a Certificate of Occupancy. The Planning Department and/or Building Division shall verify that the applicant has obtained an operating permit and that the facilities conform to the permit requirements prior to authorizing the Certificate of Occupancy. Resolution No. 2004-037 N.C.S. Page 2 Geology and Soils G-1. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations and structural components shall conform with the specifications and criteria contained in the geotechnical report, as approved by the City Engineer. G-2. Foundation and structural design for buildings shall meet the Uniform Building Code regulations for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.). G-3. Prior to issuance of a building permit, the applicant shall obtain a geotechnical engineer to review the final project plans and specifications to determine if they are consistent with the recommendations as outlined in the report and observe grading, compaction, and foundation excavations to verify that conditions are as anticipated and to modify recommendations if warranted. The geotechnical engineer shall sign the improvement plans and certify the design as conforming to the specifications. G-4. Construction and improvement plans shall be reviewed for conformance with the geotechnical specifications by the Engineering Section of the Community Development Department and the Chief Building Official prior to issuance of grading or building permits and/or advertising for bids on public improvement projects. Additional soils information may be required by the Chief Building )1lspector during the plan check of building plans in accordance with Title 17 and 20 of the Petaluma Municipal Code. G-5. The geotechnical engineer shall inspect the construction work and shall certify to the City, prior to acceptance of the improvements or issuance of a certificate of occupancy, that the improvements have been constructed in accordance with the geotechnical specifications. G-6. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma's Subdivision Ordinance (#1046, Title 20, Chapter 20.04 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance #1576, Title 17, Chapter 17.31 of the Petaluma Miuucipal Code). G-7. The applicant shall submit an Erosion and Sediment Control Plan prepared by a registered professional engineer as an integral part of the grading plan. The Erosion and Sediment Control Plan shall be subject to review and approval of the Planning Division and Engineering Section, prior to issuance of a grading permit. The Plan shall include temporary erosion control measures to be used during excavation for foundations, and other grading operations at the site to prevent discharge of sediment and contaminants into the drainage system. The Erosion and Sediment Control Plan shall include the following measures as applicable: a. Throughout the construction process, disturbance of groundcover shall be minimized and the existing vegetation shall be retained to the extent possible to reduce soil erosion. All construction and grading activities, including short-term needs (equipment staging areas, storage areas, and field office locations) shall minimize the amount of land area disturbed. Whenever possible, existing disturbed areas shall be used for such purposes. b. All drainage-ways, wetland areas and creek channels shall be protected from silt and sediment in storm runoff through the use of silt fences, diversion berms, and check dams. All exposed Resolution No. 2004-037 N.C.S. Page 3 surface areas shall be mulched and reseeded and all cut and fill slopes shall be protected with hay mulch and/or erosion control. blankets as appropriate. c. Material and equipment for implementation of erosion control measures shall. be on-site by October 1st. All grading activity shall be completed by October 15th, prior to the on-set of the rainy season, with all disturbed areas stabilized and re-vegetated by October 31st. Upon approval by the Petaluma City Engineer, extensions for short-term grading maybe allowed. The Engineering Section in conjunction with any specially permitted rainy season grading may require special erosion control measures. G-8. All public and private improvements shall be subject to inspection by City staff for compliance with the approved improvement plans, prior to their acceptance by the City. Hydrology and Water Quality H-1. All construction activities shall be performed in a manner that minimizes the sediment and/or pollutants entering directly or indirectly into the storm drain system or ground water. The applicant shall incorporate the following provisions into the construction plans and specifications, to be verified by the Engineering Section, prior to issuance of grading or building permits. a. The applicant shall designate construction staging areas and areas for storage of any hazardous materials (i.e., motor oil, fuels, paints, etc.) used during construction on the improvements plans. All construction staging areas shall be located away from any drainage areas to prevent runoff from construction areas from entering into the drainage system. Areas designated for storage of hazardous materials shall include proper containment features to prevent contaminants from entering drainage areas in the event of a spill or leak. b. No debris, soil, silt, sane, cement, concrete or washings thereof, or other construction related materials or wastes, oil or petroleum products or other organic or earthen material shall be allowed to enter any drainage system. All discarded material including washings and accidental spills shall be removed and disposed of at an approved disposal site. The applicant shall designate appropriate disposal methods and/or facilities on the construction plans or in the specifications. H-2. The applicant shall submit a detailed grading and drainage plan for review and approval by the City Engineering and Plaiming Departments prior to approval of an improvement plan or a grading or building permit. The project grading and all site drainage improvements shall be designed and constructed in conformance with the City of Petaluma Engineering Department's "Standard Specifications." The drainage plans shall include supporting calculations of storm drain and culvert size using acceptable engineering methods. All hydrologic, hydraulic and storm drain system design shall be subject to review and approval by the City Engineer. H-3. The applicant shall pay the City's Storm Drainage Impact Fee. Drainage Impact Fees shall be calculated at the time of building permit issuance and a fair share portion shall be paid for each residential unit prior to final inspection of issuance of a Certificate of Occupancy. Resolution No. 2004-037 N.C.S. Page 4 Noise N-1. All construction activities shall comply with applicable Performance Standards in the Petaluma Zoning Ordinance and Municipal Code, including the following: a. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. b. There shall be no start up of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday; and no servicing of equipment past 6:45 p.m., Monday through Friday. Plans submitted for city permits shall include the language above. c. Construction maintenance, storage, and staging areas for construction equipment shall avoid proximity to residential areas to the maximum extent practicable. Stationary construction equipment, such as compressors, mixers, etc., shall be placed away from residential areas and/or provided with acoustical shielding. Quiet construction equipment shall be used when possible. d. All construction equipment powered by internal combustion engines shall be properly muffled and maintained to minimize noise. Equipment shall be turned off when not in use. e. The applicant shall designate a Project Manager with authority to implement the mitigation measures who will be responsible for responding to any complaints from the neighborhood, prior to issuance of a building/grading permit. The Project Manager shall determine the cause of noise complaints (e.g. starting too early, faulty muffler, etc.) and shall take prompt action to correct the problem. N-2. All residential units shall be constructed using appropriate construction techniques and materials to .achieve compliance with the noise standard. for interior living area (45 dBA maximum noise level) and the General Plan. standard for exterior yards (60 dBA). A forced air mechanical ventilation system shall be installed in conjunction with sound-rated windows as needed to maintain interior noise levels at or below 45 dBA Ldn. The applicant shall provide an acoustical report prepared by a qualified acoustical engineer that demonstrates that the proposed building construction will meet both interior and exterior noise standards. Said report shall be submitted by the applicant for review and approval of the Planning Division prior to issuance of a building permit. Visual Quality and Aesthetics VQ-1. The project's outdoor lighting plan, including the proposed design and location of lighting fixtures, shall be subject to approval by the. Site Plan and Architectural Review Committee. VQ-2. All exterior lighting shall be directed onto the project site and access ways and shielded to prevent glare and intrusion onto adjacent properties. Only low-intensity light standards and/or wall-mounted lights shall be used (no flood lights). Lights attached to buildings shall provide a Resolution No. 2004-037 N.C.S. Page 5 "soft wash" of light against the wall and shall generate rio direct glare. Parking lot and security lighting shall be typical of lighting for multi-family uses. IMPLEMENTATION 1. The applicant shall be required to obtain all required permits from responsible agencies and provide proof of compliance to the City prior to issuance of grading permits or approvals of improvements plans. 2. The applicant shall incorporate all applicable code provisions and required mitigation measures and conditions into the design and improvements plans and specifications for the project. 3. The applicant shall notify all employees, contractors, and agents. involved in the project implementation of mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. Applicant shall notify all assigns and transfers of the same. 4. The applicant shall provide for the cost of monitoring of any condition or mitigation measure that involves on-going operations on the site or long-range improvements, such as archaeological resources, etc. MONI'T'ORING 1. The Building Division, Plamling Division, Engineering Section and Fire Departments shall review the improvement and construction plans for conformance with the approved project description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading plans, or building permits. 2. The Planning Division shall ensure that the applicant has obtained applicable required permits from all responsible agencies and that the plans and specifications conform to the permit requirements prior to the issuance of grading or building permits. 3. Prior to .acceptance of improvements or issuance of a Certificate of Occupancy, all improvements shall be subject to inspection by City staff for compliance with the project description, permit conditions, and approved development or improvement plans. CONSTRUCTION MEASURES 1. The applicant shall designate a project manager with authority to implement all mitigation measures and conditions of approval and provide name, address, and phone numbers to the City prior to issuance of any grading permits and signed by the contractor responsible for construction. 2. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. Resolution No. 2004-037 N.C.S. Page 6 3. City inspectors shall insure that construction activities occur with.. the approved plans and conditions of approval. 4. If deemed appropriate by the City, the applicant shall arrange apre-construction conference with the construction contractor, City staff and responsible agencies to review the mitigation measures and conditions of approval. prior to the issuance of grading and building permits. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting for .....15`''............ day of .......March ZOD.4.., by the on the following vote: City Attorney AYES: Mayor Glass, Healy, Thompson, Torliatt NOES: Harris, Vice Mayor Moynihan ABSENT: O'Brien ~ ~ ATTEST: City Clerk Mayor Council File Res. No......2004.,-037 N.C.S.