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HomeMy WebLinkAboutResolution 2003-140 N.C.S. 07/14/2003(Yi. Resolution No. 2003-140N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE PETALUMA THEATER DISTRICT PROJECT WHEREAS, Basin Street Properties submitted an application for approval of a mixed use project within existing Downtown Petalurria, and within the boundaries of the Central Petaluma Specific Plan Area. (APNs: 008-065-002 & 003;008-066-002, 003, 006, 007 & 009; 008-068-001, 002, & 003; 008-121-001, 008-121-007, 008, 009, 010, 011 and 012); and, WHEREAS, the Planning Commission held a p ublic hearing on July 8 , 2003, wherein public testimony was taken; and, WHEREAS, the Planning Commission recommended approval of the Mitigated Negative Declaration; and, WHEREAS, the City Council/PCDC held a public hearing on July 14, 2003, wherein public testimony was taken and the Council/PCDC determined that based upon the Initial Study and comments received, potential impacts could be avoided or reduced to a level of insignificance by mitigation measures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby finds as follows: Findings for a Mitigated Negative Declaration: 1. An Initial Study was prepared for the Theater District Project proposal and demonstrated that there is no substantial evidence that supports a fair argument that the project, as conditioned, would have a significant effect on the environment. 2. That based on 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 impacts to less than significant. In addition, there is no substantial evidence that supports a fair argument that the project, as conditioned and mitigate, would have a significant effect on the environment. 3. The project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code. 4. The Petaluma City Council reviewed the Initial Study and considered public comments before making a recommendation on the project. Resolution No. 2003-140 N.C.S. 5. That a Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures. 6. 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. 7. The Petaluma City Council finds on the basis of the whole record that there is no substantial evidence the project will have a significant effect on the environment and the Mitigated Negative Declaration reflects the lead agency's independent judgment. BE IT FURTHER RESOLVED that the City Council of the City of Petaluma, in reference to the potential impacts identified in the Initial Study, hereby adopts the Mitigated Negative Declaration including the following mitigation measures to be attached as conditions of approval for the Petaluma Theater District Project. Mitigation Measures and Monitoring Geology and Soils Mitigation Measures: The following mitigation measure from the CPSP EIR (13-4) is repeated below and will be applied to the proposed development plan: 1. A geologic report shall be provided to the City of Petaluma Community DevelopmentBuilding Division prior to the issuance of any future grading/building permit. The geologic report shall describe potential hazards and identify engineering specifications necessary to reduce all ground failure risks to an acceptable level. If applicable based on a determination by the City of Petaluma Building Division, the City may require a geotechnical engineer or engineering geologists certification that ground failure risks have been reduced to an acceptable level. Air Mitigation Measures: The following mitigation measures from the CPSP EIIZ (11-1 and 11-2) are repeated below and will be applied to the proposed development plan: 1. Where applicable, the following dust control measures shall be implemented by construction contractors during all phases of construction: ® Water all active construction areas at least twice daily. Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. ® Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Resolution No. 2003-140 N.C.S. Page 2 ® Hydroseed or apply (nontoxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). ® Enclose, cover, water twice daily or apply (nontoxic) soil binders to exposed stockpiles (dirt, sand, etc.). ® Limit traffic speeds on unpaved roads to 15 mph. ® Replant vegetation in disturbed areas as quickly as possible. 2. Where applicable the following emissions control strategies shall be implemented by the developer as a component of the project development/ improvements. Where practical, the tenant and developer shall provide the necessary plans and/or improvements to achieve the goals set forth in Mitigation Measure 11-2 of the CPSP EIR. Hydrolo~y and Water Quality Mitigation Measures: The following mitigation measure from the CPSP EIR (12-1) is repeated below and will be applied to the project development plan: Prior to issuance of building/grading permits, the proposed development shall comply with all state, regional and City water quality provisions and where required under adopted San Francisco Bay Regional Water Quality Control Board (RWQCB) .regulations: (a) file with the RWQCB a Notice of Intent to comply with the Statewide General Permit for Construction Activities, (b) prepare and implement aproject-specific Stormwater Pollution Prevention Plan including an erosion control plan if grading is involved, (c) implement a monitoring, inspection, and documentation program to assure the effectiveness of control measures, (d) obtain or comply with existing General Stormwater Discharge Permit(s) for Industrial A ctivities, w here applicable, and (e) c omply with N PDES P hale II non-Point Discharge program. Noise Mitigation Measures: The following mitigation measures 10-1 and 10-2 from the CPSP EIR are repeated below and will be applied to the project development plan: An acoustical report, including warranted noise abatement specifications, shall be submitted along with the Building Plans during the Building Permit process. Noise control treatments shall be incorporated into the building permit plans to reduce environmental noise to an Ldn of 45 dBA or less inside habitable rooms within residential projects. Noise control treatments that would normally be sufficient given the identified levels of Specific Plan area noise exposures include sound-rated windows and doors, and force-air mechanical ventilation so windows may be kept closed a t the d iscretion o f the building occupants. 2. The noise related mitigation measures listed in CPSP FEIR Mitigation Measure 10-2 shall be required of all development within the proposed project boundaries. Resolution No. 2003-140 N.C.S. Page 3 Visual Quality and Aesthetics Mitigation Measures: 1. The development plans for the proposed project shall comply with Chapter 4 of the CPSP as amended by Mitigation Measures 9-3 and 9-4. Prior to issuance of any demolition/grading/building permit, the project development plans shall adhere to the City of Petaluma Site Plan and Architectural Review Committee process. Transportation/Traffic Mitigation Measures: While the project is not expected to generate any significant impacts, in addition to the recommended improvement discussed above, a number of improvements are being suggested to improve site circulation and reduce the effects of project traffic at near-by intersections. These improvements include: 1. The development of a signage program for access and ingress/egress for the proposed garage, which would divert traffic to minor intersections and thus reduce the impacts of the garage traffic at major intersections. 2. Posting signs at the intersection of C and Second Streets to direct northbound traffic to B Street for access to Petaluma Boulevard. This will reduce traffic flows on C Street .and improve the operations for drop-off and pick-up area in front of the cinema entrance. 3. Direct traffic to access eastbound D Street at both Second Street and First Street to encourage equal distribution of site traffic at these two locations. By distributing traffic between these roadways, the traffic queues which may occur on these streets to the north of D Street would not be concentrated at a single access point. 4. A traffic signal system shall be installed between Petaluma Boulevard at D Street and D Street between 1St and 2nd Streets to allow for emergency Fire truck access to D Street. Cultural Resources Mitigation Measures: 1. Under the guidance of Carey & Co. or such other historic expert as the City may determine, the Project applicant shall be required to relocate the Livery Stable in a manner that will retain as much of the existing structure and exterior materials as is reasonably possible. The new site for the Livery Stable is on property owned by the City of Petaluma (McNear Peninsula) and it is proposed to incorporate the building into a master park plan that includes walking trails, interpretive centers and other related amenities. The City has agreed to accept the building on its property. 2. Under the guidance of Carey & Co. or such other historic expert as the City may determine, the Project applicant shall be required to rehabilitate the existing warehouse building closest to "F" Street in a manner that will retain as much of the existing structure and exterior materials of the warehouse as is reasonably possible and that is consistent with the plans attached to this Initial Study. In addition, the Project shall include a new, Resolution No. 2003-140 N.C.S. Page 4 warehouse style apartment building located on the vacant land between such warehouse and "F" Street consistent with the plans attached to this Initial Study. Under the guidance of Carey & Co. or such other historic expert as the City may determine, the developer shall install an interpretative display on the side of the cinema building facing 2°d Street that focuses on the history of transportation and river commerce in Petaluma, with a focus on the livery stable and the warehouses along the riverfront. 4. All recommendations for on-site monitoring as outlined in the Archaeological Evahiation prepared by William Roop of Archaeological Resource Service (report dated April, 2003) shall be adhered to. 5. Mitigation measures as outlined in the CPSP EIR-Mitigation 7-1 shall be adhered to. Mandatory Findings of Si;;nificance: IMPLEMENTATION: 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 improvement plans. 2. The applicant shall incorporate all applicable code provisions and required mitigation measures and conditions into the design and improvement plans and specifications for the project. 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 at the site or long-range improvements, such as archaeological resources, etc. MONITORING: The Building, Planning and Engineering Departments and the Fire Department 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. Resolution No. 2003-140 N.C.S. Page 5 2. Planning 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: 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. 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 ~ity of Petaluma at a (Regular) (Adjourned) (Special) meeting fo on the .........14t............ day of ....... JuIY ......................................... 20.03., by the following vote: ••••••••••• ~ • •••••••••••y••~••° Ci Attorne AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: None RECUSED: Moynihan ~ /~ ;` 1 ATTEST: ...... ......................... ................................. ........ ... :~ ....... ...... ................. City Clerk Mayor Council File ................................... Res. No.......2003,:140._._....N.C.S.