Loading...
HomeMy WebLinkAboutResolution 2003-028 N.C.S. 02/24/2003,'p -. , resolution No. 20o3-o2s N.C.S. of the City of Petaluma, California ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE MAGNOLIA PLACE SUBDIVISION APN 048-141-012 & 048-132-027 WHEREAS, Mission Valley Properties submitted an application for approval of a General Plan Map Amendment, prezoning to Planned Unit Development District, Planned Unit Development Plan; and Vesting Tentative Subdivision Map for property located at 1120 Magnolia Avenue (APN 048-141-012) and 1111 Gossage Avenue (APN 048-132-027); and, WHEREAS, the Planning Commission held a Public Hearing on April 9, 2002, wherein public testimony was taken; and, WHEREAS, the Planning Commmission recommended denial of the Mitigated Negative Declaration based upon the finding that the project is not supported by the General Plan; and, WHEREAS, the City Council held a Public Hearing on February 3 and February 24, 2003, wherein public testimony was taken and the Council 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 Petaluma City Council hereby finds as follows: Findings for a Mitigated Negative Declaration: 1. An Initial Study was prepared for the Magnolia Place project and proper notice provided in accordance with CEQA and local guidelines. 2. 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. 3. That the project does not have the potential to have a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively and is not exempt from Fish and Game filing fees. Resolution No. ~(1f1~_fl~R N.C.S. 4. That 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. 5. That the City Council reviewed the Initial Study and considered public comments before making a recommendation oil the project. 6. That a Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures. 7. 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. BE IT FiJRTHER RESOLVED that the Petaluma City Council, 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 Magnolia Place General Plan Amendment, prezoning to Planned Unit Development, Planned Unit Development Plan, and Vesting Tentative Map. Mitigation Measures and Monitoring Geology and Soils G-l. All earthwork, grading, trenching, backfilling and compaction. operations shall be conducted in accordance with the City of Petaluma's Subdivision Ordinance (Ordinance 1046 N.C.S., Title 20, chapter 20-04 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance 1576 N.C.S., Title 17, Chapter 17.31 of the Petaluma Municipal Code. G-2. 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 City Engineering and Community Development Department, prior to issuance of a Grading Permit. The Plan shall include temporary erosion control measures to be used during construction of cut and fill slopes, 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 Resolution No. 2003-028 N.C.S. Page 2 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 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 revegetated by October 31St. Upon approval by the Petaluma City Engineer, extensions for short-term grading may be allowed. Special erosion control measures may be required by the City Engineer in conjunction with any specially permitted rainy season grading. d. If required to prevent scour and erosion of channel banks, biotechnical erosion control and bank stabilization measures shall be incorporated into the Grading and Landscape Plans as described in the "Restoration Design and Management Guidelines for the Petaluma River Watershed, Vol. IL" Channel modifications shall be limited to specific problem areas. G-3. All construction activities shall meet the Uniform. Building Code regulations for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.). G-4. Prior to issuance of a Grading Permit, Building Permit or approval of an Improvement Plan or Final Map, the applicant shall provide a Soils Investigation And Geotechnical Report prepared by a registered professional civil engineer for review and approval of the City Engineer and Chief Building Official in accordance with the Subdivision Ordinance and Grading and Erosion Control Ordinance and as recommended by Geomatrix and as confirmed by Kleinfelder. The Soils Report shall address site-specific soil conditions (i.e., highly expansive soils) and include recommendations for: Site preparation and grading; foundation and soil engineering design, pavement design, utilities, roads, bridges and structures. G-5. 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. The geotechnical engineer shall sign the Improvement Plans and certify the design as conforming to the specifications. The geotechnical engineer shall also 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. Construction and Improvement Plans shall be reviewed for conformance with the Geotechnical Specifications by the City Engineer Resolution No. 2003-028 N.C.S. Page 3 and 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 Inspector during the plan check of building plans in accordance with Titles 17 and 20 of the Petaluma Municipal Code. G-6. Foundation and structural design for buildings shall conform to the requirements of the Uniform Building Code, as well as state and local laws/ordinances. Construction Plans shall be subject to review and approval by the Building Division prior to the issuance of a Building Permit. All work shall be subject to inspection by the Building Division and must conform to all applicable code requirements and approved Improvement Plans prior to issuance of a Certificate of Occupancy. G-7. Prior to issuance of a Grading or Building Permit, the applicant shall submit a detailed schedule for field inspection of work in progress to ensure that all applicable codes, conditions and mitigation measures are being properly implemented through construction of the project. Air Quality AQ-1. The applicant shall incorporate the following Best Management Practices into the Construction and Improvement Plans and clearly indicate 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. 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 shall include weekends and holidays when work is not in progress. b. During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. c. 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. d. Traffic speeds on unpaved roads shall be limited to 15 mph. e. 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. Resolution No. 2003-028 N.C.S. Page 4 £ Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more). g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). h. Post-construction revegetation, 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 Certificates of Occupancy. i. The developer 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. AQ-2. All residential units designed with fireplaces shall meet the requirements of Ordinance 1881 N.C.S. for clean-burning fuels. AQ-3. Architectural coatings and asphalt paving conducted on the project site shall adhere to rules and regulations stated in the BAAQMD Rulebook. Hydrology and Water Quality WQ-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 Community Development Department, prior to issuance of Grading or Building Permits. a. The applicant shall designate construction staging area and areas for storage of any hazardous materials (i.e. motor oil, fuels, paints, etc.) used during construction on the Improvement Plans. All construction staging areas shall be located away from any stream and adjacent 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 vent of a spill or leak. b. No debris, soil, silt, sand, 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 includirig washings and any 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. c. No heavy equipment shall be operated in any live creek channel. All in-stream channel work shall be limited to the dry season (typically defined as May 1st Resolution No. 2003-028 N.C.S. Page 5 through October 15th and performed in accordance with conditions specified by the Department of Fish and Game in a Streambed Alteration Agreement. The Department of Fish and Game may require a more limited construction period in stream channels that support anadromous fisheries. Applicant shall provide copy of the approved Streambed Alteration Agreement and proof of compliance with the permit conditions prior to approval of Improvement Plans or issuance of Grading Permits for work within any channel. WQ-2. The applicant shall submit the required Notice of Intent for compliance with the conditions for a General Permit under the National Pollutant Discharge Eliminate System (NPDES) Storm Water Permit for Construction Activities administered by the State of California Regional Water Quality Control Board. The conditions require development and implementation of a Storm Water Pollution Prevention Plan (SWPPP), which may also meet the City's requirement for an Erosion and Sediment Control Plan, noted above. WQ-3. Prior to issuance of a Grading or Building Permit or approval of any improvement plans for earthwork within any creek corridor or identified wetland site, proof of authorization from all applicable responsible agencies including, but not limited to, the U.S. Army Corps of Engineers, the California Regional Water Quality Control Board, and the California Department of Fish and Game, shall be submitted by the applicant to the Community Development Department. WQ-4. The applicant shall submit a detailed Grading and Drainage Plan for review and approval by the Community Development Department prior to approval of a Final Map, Improvement Plan, Grading or Building Permit. The project grading and all site drainage improvements shall be designed and constructed in conformance with the City of Petaluma Community Development Department's "Standard Specifications" and the Sonoma County Water Agency's "Flood Control Design Criteria." Channel modifications and bank stabilization improvements within a natural stream channel shall be designed in conformance with the City's "Restoration Design and Management Guidelines." The Drainage Plans shall include supporting calculations of storm drain and culvert size using acceptable engineering methods. No lot-to-lot drainage shall be permitted. Surface runoff shall be addressed within each individual lot, and then conveyed to an appropriate stone drain system. All hydrologic, hydraulic and storm drain system design shall be subject to review and approval of the Sonoma County Water Agency (SCWA) and the City Engineer. WQ-5. Building envelopes adjacent to the Magnolia Avenue drainage ditch shall comply with the Sonoma County Water Agency creek setback (measured from the toe of the stream bank, outward a distance of 2%2 times the height of the stream bank plus 30 feet or 30 feet outward from the top of the stream bank, whichever is greater). Resolution No. 2003=028 N.C.S. Page 6 Biological Resources BR-1. The drip line of all trees and riparian vegetation and the footprint of wetland areas shall be surveyed and accurately depicted on the Grading and Construction Plans as sensitive areas to be avoided and protected during construction. Before the start of construction in an area where existing trees are to be retained and protected, exclusion fencing shall be installed. Fencing shall be installed as shown on the Tree Location Map or, at a minimum, around the perimeter of the trees' drip line or at the limit of grading when grading encroaches into the drip line. Drip line is defined as the point where the distance from the edge of the tree canopy to the trunk is the greatest. This radius shall be used in establishing the perimeter of the exclusion fencing. Fencing materials shall be highly visible and sturdy, such as a portable cyclone fence or comparable fencing material. Signs shall be posted on fencing prohibiting parking of vehicles or storage of materials within the trees' drip line. BR-2. Grade changes that affect surface and subsurface drainage around the tree shall be avoided. Adequate drainage shall be maintained to prevent any ponding of water around the base of trees. BR-3. Trenching within the drip line of the trees shall be minimized. Trenches shall not be excavated closer than half the distance from the trunk to the edge of the tree canopy. An alternative to trenching is to place utilities in a conduit that is bored through the soil. This minimizes root damage. If trenching within the drip line is unavoidable, a joint trench shall be used for all utilities to minimize the damage caused by multiple trenching. If possible, roots three inches in diameter and larger should not be cut. BR-4. Trees with greater than 30 percent root loss shall be provided with supplemental seasonal irrigation. The irrigation shall be deep and infrequent -monthly during the growing season. Supplemental irrigation shall be provided for one to three years, depending on the degree of root damage or loss. Care shall be taken to keep the zone around the root crown (6-10 foot radius around the trunk) dry. BR-5. All turf areas shall be graded to drain away from valley oaks and creek corridors to avoid long-term impacts of irrigation and chemical use of pesticide and herbicides. A minimum 6-foot radius around the base of the tree should be dry and well drained. The Grading and Drainage Plans shall maintain the root-zone areas of the large valley oaks and riparian areas in a natural state, such that turf areas, irrigation and drainage shall be avoided in these areas. The Landscape and Drainage Plans shall be submitted for SPARC approval and reviewed for conformance with this requirement by the Community Development Department prior to issuance of Grading or Building Permits. BR-6. Soil compaction around the trees shall be avoided. When possible, a thick layer of crushed rock underlain by a geotextile as an alternative to soil compaction for road based preparation within or near the drip zone of trees shall be used. A thick layer of organic mulch such as wood chips is to be placed within areas subject to light traffic. Resolution No. 2003-028 N.C.S. Page 7 Vehicle and equipment parking and materials storage shall not occur within the drip line of trees at any time. BR-7. All trees shown on the Tree Location Map as "impacted" shall have their trunks protected by attaching straw bales to the trunk. Bales shall be tied to the trunk on the side facing grading operations to prevent bark damage from construction equipment. BR-8. Crown thinning to compensate for root loss shall be avoided. BR-9. Tree removal associated with construction shall be mitigated at a 3.2.:1 (replacement: removal) ratio with 15-gallon size trees. BR-10. Certain areas of the site are identified as jurisdictional "Waters of the United States" as defined by the Army Corps of Engineers; the applicant shall apply to the Army Corps for a Section. 404 of the Clean Water Act permit. The applicant shall avoid impacts to wetlands to the maximum extent practicable. If avoidance is not practical, then a Wetland Mitigation Plan and Monitoring Program shall be prepared and submitted to the Corps of Engineers and Community Development Department for review and approval, prior to SPARC review or approval of Improvement Plans or Final Map. BR-11. Revegetation of areas damaged or destroyed by grading, construction of access bridge or detention basins shall be implemented to restore full habitat value. A vegetation restoration plan shall be submitted to the Community Development Department at the time of SPARC application. BR-12. All construction activities in and immediately adjacent to potential nesting area for raptors and other birds should be conducted outside the normal breeding season (generally January 15 to July 15). If the project occurs within this season; however, a biologist shall survey the site prior to construction and mark all. raptor-nesting trees with flagging. A construction setback of 50 feet from such trees will apply. BR-13. A contractor education program that includes an on-site briefing shall be implemented to ensure that all construction personnel are fully informed of the biological sensitivities associated with the project and about how to best avoid impacts to these sensitivities. Noise The following measures shall be specified in the construction contract: N-1. All construction activities shall comply with applicable Performance Standards in the Petaluma Zoning Ordinance and Municipal Code. N-2. 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. There will be no start Resolution No. 2003-028 N.C.S. Page 8 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; no cleaning of machines nor equipment past 6:00 p.m., Monday through Friday; and no servicing of equipment past 6:45, Monday through Friday. The developer's phone number shall be made available for noise complaints. N-3. Pile driving activities shall be limited to 8:00 a.m. to 5:00 p.m. weekdays only. N-4. 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. N-5. 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. N-6. The developer shall designate a Project Manager with authority to implement the mitigation measures who will be responsible for responding to any complaints form the neighborhood, prior to issuance of a Building/Grading Permit. The Project Manager's phone number shall be conspicuously posted at the construction site. 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-7. All single-family residences located adjacent to an arterial street or within a projected 65 Dba noise contour 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). Placement of buildings to shield roadway noise from exterior yards and/or installation of a 6 foot freestanding sound wall or earthen berm along the property line shall be required to meet General Plan Noise Standards. The developer shall provide an acoustical report prepared by a qualified acoustical engineer, which demonstrates that the proposed building construction will meet both interior and exterior noise standards. Said report shall be submitted by the developer for review and approval of the Community Development Department prior to issuance of Building Permits. N-8. All land uses shall confornl to the Performance Standards listed in Section 22-300 of the Petaluma Zoning Code. Visual Quality VQ-l. .All exterior lighting shall be directed onto the project site and access ways and shielded to prevent glare and intrusion onto adjacent residential properties and naturaUundeveloped areas. Plans submitted for SPARC review and approval shall Resolution No. 2003-028 N.C.S. Page 9 incorporate Lighting Plans, which reflect the location and design of all proposed streetlights, and any other exterior lighting proposed. VQ-2. Development Plans shall. be designed to avoid vehicular lighting impacts to bedroom areas and other light-sensitive living areas of any nearby residential lot, home or facility. Development Plans for lots proposed at street intersections or in other potentially light-sensitive locations shall incorporate architectural or landscape design features to screen interior living space from the headlight glare. VQ-3. No illumination shall be installed within the designated open. space/park area except for low level lighting along designated pathways adjacent to public streets or across pedestrian bridges. The Improvement Drawings and Landscape Plans prepared. for the project shall reflect the location and design details of all light fixtures proposed. Said locations and details shall be reviewed and approved by the Site Plan and Architectural Review Committee and the Parks and Recreation Director prior to the approval of the Final Map, Improvements Plans or advertising for bids. VQ-4. Shade trees shall be incorporated into Building and Improvement Plans along public streets and within parking areas in conformance with the City's Site Plan and Architectural Review Guidelines to reduce glare and provide shade. VQ-5. All new and existing overhead utilities (except for high voltage transmission lines) shall be placed underground. VQ-8. Architectural details, Landscape Plans and Specifications, and detailed Site Plans shall be subject to review and approval by the Site Plan and Architectural Review Committee prior to issuance of Building Permits. Cultural Resources CR-1. Trenching for utilities and irrigation line shall be kept to as shallow a depth as practical to avoid disturbing potential subsurface resources. CR-2. An archaeologist shall monitor ground-disturbing activities in the Magnolia parcel. Initial checks should occur on a daily basis, with the interval reduced to three per week at the monitoring archaeologist's discretion. The City shall retain and administer the contract for the monitoring archaeologist. The applicant shall be responsible for the costs of mitigation monitoring, including contract administration costs to the City. The contract with a qualified archaeologist shall be executed and funds deposited with the City prior to issuance of a Grading Permit. Monitoring is needed during ground level construction work only and shall be concluded with a written report submitted to the City prior to issuance of Certificates of Occupancy. CR-3. Per Section 7050.5 of the California Health and Safety Code, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby Resolution No. 2003-028 N.C.S. Page 10 area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner's authority. If human remains are encountered, work within 50 feet of the find shall halt and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted to evaluate the situation. If the graves cannot be avoided by project activity, an archaeological excavation program shall be implemented to remove the burials and associated grave goods, analyze the remains and prepare a report of findings. If possible a most likely descendent should be identified and consulted for the proper treatment and disposition of the remains. If acceptable to the most likely descendent; or if a most likely descendent is not identified, reburial of the remains shall be as close as possible to their original location. The Cypress Hill Cemetery would be an appropriate location. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendent to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. CR-4. If any artifacts, cultural remains or potential resources are encountered during construction activities, work within 50 feet of the find shall cease and the construction contractor shall notify the Community Development Director. Prehistoric materials can include flaked-stone tools (e.g., projective points, knifes, shoppers) or obsidian, chert or quartzite tool-making debris; cultural darkened soil (i.e., midden soil often containing heat affected rock, ash and charcoal, shellfish remains, and cultural materials); and stone milling equipment (e.g., mortars, pestles, handstones). Historical materials .might include wood; stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass, ceramics and other refuse. An archaeologist shall evaluate the finds and make a recommendation. The applicant shall comply with all mitigation recommendations of the archaeologist prior to commencing work in the vicinity of the archaeological finds. The applicant shall be responsible for all costs associated with the consulting cultural resource specialist. 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 on the ..........2<1~:.......... day of ........F:ebruas~r ............................... 20..3, by the following vote: •••••••••••• • a••••••••••••••••• C' Attorney AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien NOES: Torliatt ABSENT: Moyn~ n ATTEST: ..........................................~............................................. ....... .... :.... .... . City CI rk ayor Council File ................................... Res. No.........2003-028 N.C.S.