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HomeMy WebLinkAboutResolution 2014-074 N.C.S. 5/19/2014Resolution No. 2014-074 N.C.S. of the City of Petaluma, California RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING THE CAPRI CREEK FLOOD REDUCTION AND HABITAT ENHANCEMENT PROJECT, WITH THE INCORPORATION OF MITIGATION MEASURES, LOCATED ALONG SUNRISE PARKWAY AND WOODSIDE CIRCLE BETWEEN NORTH MCDOWELL BOULEVARD AND MARIA DRIVE WHEREAS, on February 25, 2013 the City Council adopted Resolution No. 2013-017 N.C.S. supporting submittal of a grant application for Proposition 84 funds in the amount of $825,000 through the Bay Area Integrated Regional Water Management Program (BAIRWMP) for the Capri Creek Flood Reduction/Environmental Eriliancement Project, and authorizing the City Manager to execute appropriate agreements to accept the grant; and, WHEREAS, in February 2014 the City was notified of the award of the $825,000 grant; and, WHEREAS, the City prepared an Initial Study for the Project consistent with CEQA Guidelines sections 15070 through 15074.1 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project; and, WHEREAS, on or before March 20, 2014, the City's Notice of Intent to Adopt a Mitigated Negative Declaration based on the Initial Study, providing for a 30 -day public comment period commencing March 27, 2014 and ending May 5, 2014 and a Notice of Public Hearing to be held on July 24, 2012 before the City of Petaluma Planning Commission, was published and mailed to all property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, pursuant to the analysis in the Initial Study, the Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; and, WHEREAS, pursuant to further analysis in the Initial Study, the Project does not make significant impacts that are individually limited, but cumulatively considerable, nor have Resolution No. 2014-074 N.C.S. Page I environmental effects which may cause substantial adverse effects on human beings, either directly or indirectly; and, WHEREAS, 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; and, WHEREAS, the Planning Commission held a public hearing on April 8, 2014, during which the Commission considered the Project, the Mitigated Negative Declaration, the Initial Study, and supporting documentation referenced in the Initial Study, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and, WHEREAS, the Planning Commission completed its review of the Project, the Mitigated Negative Declaration, and a Mitigation Monitoring and Reporting Program and, by the adoption of Resolution 2014 -XX, recommended minor text additions to the Initial Study, recommended rerouting the Revised document to the State Clearinghouse, and further recommending to the City Council adoption of the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and the Project; and, WHEREAS, on May 19, 2014, at a duly noticed public meeting, the Petaluma City Council reviewed the Mitigated Negative Declaration, all supporting documents including but not limited to the Revised Initial Study and proposed amendments and additions, the reconmlendation of the Planning Commission, staff reports and related materials, and all public comments and evidence presented at or before the meeting; and, WHEREAS, the Revised Initial Study and Mitigated Negative Declaration identify mitigation measures applicable to the Project, as incorporated herein by reference; and, WHEREAS, the Mitigated Negative Declaration reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the Mitigated Negative Declaration, Revised Initial Study, and related project and environmental documents are available for review in the City Community Development Department at Petaluma City Hall during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, I 1 English Street, Petaluma, CA 94952, Attention: Heather Hines, Planning Manager. Resolution No. 2014-074 N.C.S. Page 2 NOW, THEREFORE, BE IT RESOLVED THAT the City Council finds and determines as follows: The foregoing recitals are true and correct and incorporated by reference as findings. Based on its review of the entire record herein, including the MND, the Revised Initial Study, all supporting, referenced and incorporated documents and all comments received and responses and additions thereto, the City Council further finds that there is no substantial evidence that the Project as mitigated and conditioned will have a significant effect on the environment, that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and that the Mitigated Negative Declaration, Revised Initial Study as amended, and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. 2. The City Council adopts the Mitigation and Monitoring and Reporting Program set forth in Exhibit A hereto and incorporated by reference. All mitigation measures contained therein shall be conditions of approval of the Project. 3. The City Council hereby approves the Capri Creels Flood Reduction/Environmental Enhancement Project. 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 '-'JI proved'as to Council of the City of Petaluma at a Regular meeting on lite 19°i day or May, 2014, fuA. by the following vote: ( City Att�rney AYES: Albertson, Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller NOES: None ABSENT: None ABSTAIN: None i ,� ATTEST: ac) City Clerk Mayor Resolution No. 2014-074 N.C.S. Page 3 EXHIBIT A CAPRI CREEK FLOOD REDUCTION & HABITAT ENHANCEMENT MITIGATION AND MONITORING AND REPORTING PROGRAM APRIL 2014 (Revised to reflect Planning Commission recommendations 04-08-14) This document has been developed pursuant to the California Environmental Quality Act, Public Resource Code Section 21.081.6 to ensure proper and adequate monitoring or reporting in conjunction with project approval which relies upon a Mitigated Negative Declaration. Resolution No. 2014-074 N.C.S. Page 4 Review Due Date Staff Det Date Completed Initials Air Quality AIR -1: Implementation and monitoring of Best PW&U GP Management Practices, including those for dust control during grading and contouring of the flood terrace shall be ensured by the City on-site project manager and contractor. Specific measures will include, but not be limited to, irrigation by spray to reduce dust, requirement of proper emission control devices on all equipment on site to reduce potential air quality impacts from equipment use. Truck access to the site will be limited to Sunrise Parkway and N. McDowell Boulevard. Mitigations will be monitored and enforced by the City on-site project manager and the contractor. Biological Resources BIO -1: As close to the beginning of construction as PD CoC possible, but not more than 14 days prior to commencement of construction activities, a qualified biologist and/or botanist shall conduct a final pre - activity survey of the construction zone to ensure that no special status wildlife and/or plant species have recently occupied the site. Surveys will also be completed for nesting birds. If any special status species are found, exclusion zones shall be established and maintained until all construction activities are completed. If special status species are found during the preconstruction survey, the biologist and/or botanist should be present immediately prior to construction activities that have the potential to impact identified special status species to identify and protect potentially sensitive resources. BIO -2: The planting plan to be prepared during the PD CA design phase of the project will utilize, to the extent possible, native species for the riparian corridor restoration. The few large shrubs on the north edge of the Swale that could possibly host resting birds will be preserved or replaced with a more appropriate or native species in the direct vicinity. Resolution No. 2014-074 N.C.S. Page 4 Resolution No. 2014-074 N.C.S. Page 5 Review Due Date Staff Det Date Completed Initials BI0-3: Comply with conditions of the Streambed PW&U Alteration Agreement for vegetation management within the reserved low flow channel, as well as additional permit conditions beyond those proposed and outlined in this document. Permitting will involve consultation with the State of California Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, as well as U.S. Army Corps of Engineers, the State Regional Water Quality Control Board, and Sonoma County Water Agency. Geology and Soils GEO-1: An Erosion Control Plan will be included in the PW&U CoC, Construction Plan set. No specific mitigations required, CA normal construction management will be utilized to ensure no erosion or siltation is created during construction activities. All provisions of the City of Petaluma Grading Ordinance the project plans will be followed; finished grades will not be steeper than 2H:1 V. Specific attention shall be included in the Erosion Control Plan to ensure no impact to the low -flow swale occurs from sediment deposition into the swale. General grading completed along the floodplain terrace, and not within the Swale, will be completed in compliance with conditions of the State Water Resources Control Board General Permit. Mitigation will be monitored and ensured by the on-site City project manager and contractor. GEO-2: Earthwork, including grading, will only occur PW&U, CoC, between the period of June 1 and October 15th. All PD, CA disturbed areas will be stabilized upon final grading and RWQCB protected using a combination of permanent vegetative treatment, mulching, geotextiles, and/or rock, as shown in the project Erosion Control Plan (ECP). In addition, the selected construction Contractor will be required to develop a Stormwater Pollution Prevention Plan (SWPPP), subject to City review and approval, and implement the Plan. The City's DPW&U Inspector will monitor and document to insure that the ECP and SWPPPP and other provisions of the approved improvements plans are beinq followed. Hydrology and Water Quality HYD -1: A detailed Storm Water Pollution Prevention RWQCB, RPI, Plan (SWPPP) shall be prepared and implemented by SCWA, CoC, the Contractor, subject to review and approval of the PW&U CA City of Petaluma. Specific attention shall be included in the Storm Water Pollution Prevention Plan (SWPPP) to ensure no impact occurs from erosion during construction to the low -flow swale. Mitigation will be monitored and ensured by the on-site City project manager and contractor. Resolution No. 2014-074 N.C.S. Page 5 Department/Agency Review Due Date Staff PD Planning Department Dept Date Completed Initials HYD -2: The final design of the project shall reduce SCWA, RPI RPI Regulatory or Referral Permit Issuance (see RA list) PW&U Post -Construction Monitoring localized base flood elevations and reduce out -of -bank flow volume and velocity to the extent possible with no adverse impacts downstream. Noise NOISE -1: Construction activity shall be limited to 7 AM to PW&U, CoC 5 PM, Monday through Saturday, non -holidays. PD Department/Agency Requested By or Due Date PW&U Public Works & Utilities GP Grading Permit PD Planning Department SPAR Site Plan and Architectural Review RA Regulatory/ Referral Agency SCWA: Sonoma County Water Agency RWQCB: Regional Water Quality Control Board DFG: Dept. of Fish & Game CoC Commencement of Construction CA Construction Activit RPI Regulatory or Referral Permit Issuance (see RA list) PCM Post -Construction Monitoring CONDITIONS OF PROJECT APPROVAL: 1. Any site and project -specific recommendations and requirements of the regulatory agencies during project review, design, and permit issuance will be deemed to be conditions of approval and be identified as such prior to commencement of construction. Resolution No. 2014-074 N.C.S. Page 6