HomeMy WebLinkAboutResolution 2014-113 N.C.S. 7/7/2014Resolution No. 2014-113 N.C.S.
of the City of Petaluma, California
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM FOR THE AVILA RANCH SUBDIVISION LOCATED AT
511 SONOMA MOUNTAIN PARKWAY
APN 149-413-023
FILE NO, PLTS-13-0002
WHEREAS, Doyle Heaton with DRG Builder on behalf of Barbara Lee Gomes (1994
Rose L. Avila'frust), submitted an application (File No. PLTS-13-0002) to the City of Petaluma
for a Zoning Map Amendment and 'Tentative Subdivision Map for the property located at 511
Sonoma Mountain Parkway, APN 149-413-023 ("the Project' or the "proposed Project'); and,
WHEREAS, the project is subject to the Petaluma General Plan 2025, adopted by the
City on May 19, 2008; and,
WHEREAS, in evaluating certain potential environmental effects of the Project in the
Initial Study, the City relied on the program EIR for the City of Petaluma General Plan 2025,
certified on April 7, 2008 (General Plan EIR) by the adoption of Resolution No. 2008-058
N.C.S.. which is incorporated herein by reference; and,
WHEREAS, the General Plan EIR identified potentially significant environmental
impacts and related mitigation measures and the City also adopted a Statement of Overriding
Considerations for significant impacts that could not be avoided: and,
WHEREAS, the City prepared an Initial Study for the proposed Project consistent with
CEQA Guidelines sections 15162 and 15163 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 beyond those identified in the General Plan EIR:
and,
WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration providing a
thirty (30) day public comment period commencing April 17, 2014, and ending June 2, 2014,
and a Notice of Public Hearing to be held on May I3, 2014, before the City of Petaluma
Planning Commission, was published and mailed to all residents and property owners within 500
feet of the Project, as well as all persons having requested special notice of said proceedings;
and,
WHEREAS, the Planning Commission held a public hearing on May 13, 2014, during
which the Commission considered the MND, its Initial Study and supporting documentation
referenced in the Initial Study, the Project, and staff report dated May 13, 2014 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, on May 13, 2014 the Planning Commission completed its review of the
Project, the MND, and a Mitigation Monitoring and Reporting Program and recommended
adoption of the MND and the Mitigation Monitoring and Reporting Program; and,
Resolution No. 2014-113 N.C.S. p1ge I
WHEREAS, the City Council held a duly noticed public hearing on July 7, 2014, during
which the Council considered the Project, the Initial Study/MND and supporting documentation
referenced in the Initial Study, and received and considered all written and oral public comments
on the environmental effects of the Project which were submitted up to and at the time of the
public hearing; and,
WHEREAS, the MND reflects the City's independent judgment and analysis of the
potential for environmental impacts from the Project; and,
WHEREAS, the MND, Initial Study and related project and environmental documents,
including the General Plan 2025 EIR and all documents incorporated herein by reference, are
available for review in the City of Petaluma 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, file No. PLTS-13-0002, is
the City of Petaluma Community Development Department, 11 English Street, Petaluma, CA
94952, Attn: Elizabeth Jonckheer, Senior Planner.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, including the MND, its Initial Study,
all supporting, referenced and incorporated documents and all comments received, the
City Council hereby, finds that there is no substantial evidence that the Project as
mitigated will have a significant effect on the environment, that the MND reflects the
City's independent judgment and analysis, and that the MND, Initial Study 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.
BE IT FURTHER RESOLVED THAT:
1. Pursuant to CEQA Guidelines Section 15074.1, and as a result of project
modifications to preserve Coastal Redwood Tree #66 and to the extend noise barrier
along Sonoma Mountain Parkway frontage, and as a result of the public review
process, the Mitigation Measures 13I0-4 and N0I-1, as identified in the Mitigated
Negative Declaration (MND) shall be substituted as follows:
BIO -4 Prior to issuance of tree removal permit, replacement trees equaling a total of
88 -inches of replacement trunk diameter (a total of 44 24 -inch box tree with a 2 inch
diameter or the equivalent pursuant to Zoning section 17.065 A.3.c.3) shall be shown
on (TM -9).
NOI-1 The project shall require a noise barrier with a height of 10 along the projects'
frontage to Sonoma Mountain Parkway. The noise barrier shall be designed to limit
impacts associated with visual resources, which can be accomplished through the
mounded berm and landscaping approach as set forth on TM -6. Additionally,
perpendicular noise barrier shall be developed along the western edge of the site. The
perpendicular noise barrier may tapper from 10 feet to 5 feet. Should wood fencing be
Resolution No. 2014-113 N.C.S. Page 2
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
utilized as currently proposed, the fence shall be double faced, with butted vertical
fence board on each side with a continuous layer of'/ inch plywood.
2. These substituted mitigation measures are an "equivalent or more effective" means to
avoid or reduce the significant effect than the original measure, and will create no
more adverse effects of their own then would have the original measures.
3. No recirculation of the Mitigated Negative Declaration is required as these substituted
mitigation measures are incorporated herein and are conditions of project approval.
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 7a' day of July. 2014,
by the following vote:
Albertson, Barrett, Mayor Glass. Harris, Healy, Vice Mayor Kearney, Miller
None
None
None
�L, �
City Clerk
Resolution No. 2014-113 N.C.S.
Mayor
Appr �d-as to
�orm:
City Attorney
Page 3
City of Petaluma, California
Community Development Department
Planning Division
11 English Street, Petaluma, CA 94952
Project Name: AVILA RANCH SUBDIVISION
File Number: PLTS-13-0002
Address/Location: 511 Sonoma Mountain Parkway, Petaluma, CA 94954
APN: 149-413-023
Subdivision: AVILA RANCH
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with
Section 21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of the CEQA
Guidelines. This document has been developed to ensure implementation of mitigation measures and
proper and adequate monitoring/reporting of such implementation. This MMRP shall be adopted in
conjunction with project approval, which relies upon a Mitigated Negative Declaration.
It is the intent of this MMRP to: (1) document implementation of required mitigation; (2) identify
monitoring/reporting responsibility, be it the lead agency (City of Petaluma), other agency (responsible
or trustee agency), or a private entity (applicant, contractor, or project manager); (3) establish the
frequency and duration of monitoring/reporting; (4) provide a record of the monitoring/reporting; and
(5) ensure compliance. The City of Petaluma's City Council has adopted those mitigation measures
within its responsibility to implement as binding conditions of approval.
The following table lists each of the mitigation measures adopted by the City in connection with project
approval, the implementation action, timeframe to which the measure applies, the monitoring/reporting
responsibility, reporting requirements, and the status of compliance with the mitigation measure.
Implementation
The responsibilities of implementation include review and approval by City staff including the
engineering, planning, and building divisions. Responsibilities include the following:
1. The applicant shall obtain all required surveys and studies and provide a copy 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.
Resolution No. 2014-113 N.C.S. Page 4
3. The applicant shall notify all employees, contractors, subcontractor, 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.
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.
5. 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.
6. Mitigation measures required during construction shall be listed as conditions on the building or
grading permits and signed by the contractor responsible for construction.
7. If deemed appropriate by the City, the applicant shall arrange a pre -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.
Monitoring and Reporting
The responsibilities of monitoring and reporting include the engineering, planning, and building
divisions, as well as the fire department. Responsibilities include the following:
1. The Building, Planning, and Engineering Divisions and 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.
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.
4. City inspectors shall ensure that construction activities occur in a manner that is consistent with
the approved plans and conditions of approval.
MMRP Checldist
The following table lists each of the mitigation measures adopted by the City in connection with project
approval, the timeframe to which the measure applies, the person/agency/permit responsible for
Resolution No. 2014-113 N.C.S. Page 5
implementing the measure, and the status of compliance with the mitigation measure.
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Mitigation Measure Description Review Timing
Dept.
3.2 Aesthetics and Visual Resources
AES -1. Building plans shall be designed to avoid and or shield vehicular lighting impacts to bedroom areas PD FM
and other light-sensitive living areas of any nearby residential lot, home, or facility. 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 headlight glare.
AES -2. In order to avoid light intrusion onto adjacent properties, all exterior lighting shall be directed onto PD GP
the project site and access ways, and shall be 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), and lights
attached to buildings shall provide a "soft wash" of light against the wall and shall generate no direct glare.
3.3 Air Quality Resources
AQ -l. The applicant shall incorporate Best Management Practices for all construction activities and BLD/ENG GP and BP
clearly indicate these provisions in the specifications. In addition an erosion control program shall be Contractor or
prepared and submitted to the City of Petaluma prior to any construction activity. BMPs shall include but Project
not be limited to the BAAQMD Basic Construction Abfitigotion Afeasures as modified below: Manager
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access
roads) shall be watered three times per day;
2. All haul trucks transporting soil, sand, or other loose material shall be covered;
3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
4. All vehicle speeds on unpaved roads shall be limited to 15 mph;
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible;
6. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
7. Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the California airborne toxics control measure
Title 13, Section 2485 of California Code of Regulations [CCR]);
8. Clear signage shall be provided for construction workers at all access points;
9. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation:
10. Construction equipment staging shall occur as far as possible from existing sensitive receptors;
Date Staff
Completed Initials
Resolution No. 2014-113 N.C.S. Page 7
Mitigation Measure Description Review Timing Date Staff
Dept. Completed Initials
11. The Develoner shall designate a person with authoritv to reouire increased watering to monitor the
dust and erosion control oroeram and provide name and phone number to the Citv orior to issuance
of eradine permits. Post a publicly visible sign with the telephone number of designated Derson and
person to contact at the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations; and
12. The City's Public Works Inspector shall perform visual inspections during grading to assure that
dust control is implemented and standard BMP are enforced.
3.4 Biological Resources
BIO -1. In order to avoid the bat maternity and/or bat hibernation periods and ensure protection of any bat PD/BLD BP
species potentially present within onsite structures, demolition and tree removal shall be conducted
between September Ist and October 30th. Should the applicant propose to commence demolition outside
this time frame, a qualified biologist shall first perform a bat roost survey inside the structures to determine
if there is evidence of bat use (guano accumulation, acoustic or visual detections). If no evidence is found,
demolition must commence within one month of the bat roost survey or be re -surveyed within one month
of demolition activities. If evidence of bat use is found, CDFW shall be contacted for guidance on
exclusion methods or methods to allow the bats to passively leave the building. Exclusion methods
typically include covering openings with a netting or tubing Flap that allow bats to exit but not re-enter.
Additionally, trees that are felled shall be allowed to lay on the ground for a period of not less than 48
hours prior to being processed to allow tree -roosting bats to escape.
BIO -2. To prevent impacts to migratory birds covered by State and federal law (California Department of PD/BLD GP
Fish and Game Code and the MBTA), the applicant shall conduct vegetation removal (trees, shrubs, and
weedy vegetation) between September I and January 30, which is outside of the general breeding season
for birds. If no vegetation or tree removal is proposed during the nesting period, no surveys are required. If
it is not feasible to avoid the nesting period, a pre -construction survey for nesting birds shall be conducted
by a qualified wildlife biologist. If vegetation removal (trees, shrubs, or tweedy vegetation) occurs between
February 1 and June 15, then pre -construction surveys shall be performed within 14 days of such activities
to determine the presence and location of nesting bird species. If vegetation removal (trees, shrubs, or
weedy vegetation) occurs between June 16 and August 31, then pre -construction surveys shall be
performed within 30 days of such activities to determine the presence and location of nesting bird species.
Resolution No. 3014-113 N.C.S. Page 8
Mitigation Measure Description Review Timing
Dept.
In tine event that an active nest is discovered in the trees or areas to be cleared, tree removal, clearing and
construction shall be postponed for at least two weeks or until the biologist has determined that the young
have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts,
whichever is later. Work may proceed only if no active nests are found during surveys.
610-3. To offset impacts to the 0.03 acres of Section 404 Waters of the US, credits shall be purchased PD GP
from an approved mitigation bank at a ratio of one acre for every one acre impacted, or as otherwise Applicant
directed by regulatory agencies. The ratio of 1:1 is proposed given the low -quality habitat of the onsite
seasonal wetlands. The applicant shall provide proof of purchase of credits and notification to the City and
regulatory agencies.
1310-4. Prior to issuance of tree removal permit, replacement trees equaling a total of 134 -inches of PD GP
replacement trunk diameter (a total of 67 24 -inch box tree with a 2 inch diameter or the equivalent
pursuant to Zoning section 17.065 A.3.c.3) shall be shown on (TM -9).
3.5 Cultural and Historic Resources
CUL -1. If during the course of ground disturbing activities, including, but not limited to excavation, grading
and construction, a potentially significant prehistoric or historic resource is encountered, all work within a
100 foot radius of the find shall be suspended for a time deemed sufficient for a qualified and city -approved
cultural resource specialist to adequately evaluate and determine significance of the discovered resource and
provide treatment recommendations. Should a significant archeological resource be identified a qualified
archaeologist shall prepare a resource mitigation plan and monitoring program to be carried out during all
construction activities.
CUL -2. In the event that human remains are uncovered during earthmoving activities, all construction
excavation activities shall be suspended and the following measures shall be undertaken:
I. The Sonoma County Coroner shall be contacted to determine that no investigation of the
cause of death is required.
2. If the coroner determines the remains to be Native American the coroner shall contact the
Native American Heritage Commission within 24 (tours.
3. The project sponsor shall retain a City -approved qualified archaeologist to provide adequate
inspection, recommendations and retrieval, if appropriate.
4. The Native American Heritage Commission shall identify the person or persons it believes
PD BP
PD BP
Applicant
Date
Completed
Staff
Initials
Resolution No. 2014-113 N.C.S. Page 9
Mitigation Measure Description Review Timing Date Staff
Dept. Completed Initials
to be the most likely descended from the deceased Native American, and shall contact such
descendant in accordance with state law.
5. The project sponsor shall be responsible for ensuring that human remains and associated
grave goods are reburied with appropriate dignity at a place and process suitable to the most
likely descendent.
3.6 Geological and Soil Resources
GEO-1. Foundation and structural design for buildings shall meet the Uniform Building Code regulations BLD/ENG GP
for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.).
GEO-2. Prior to issuance of a grading permit, an erosion control plan along with grading and drainage plans BLD/ENG GP
shall be submitted to the City Engineer for review. All earthwork grading, trenching, backfilling and
compaction operations shall be conducted in accordance with the City of Petaluma's Subdivision Ordinance
(11046, 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 Municipal Code). These plans shall detail erosion
control measures such as site watering, sediment capture, equipment staging and laydown pad, and other
erosion control measures to be implemented during construction activity on the project site.
GEO-3. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations, and BLD/ENG GP
structural components shall conform with the specifications and criteria contained in the Soils Investigation
Report and Update, as approved by the City Engineer and/or Chief Building Official.
GEO-4. As deemed appropriate by the City Engineer and/or Chief Building Official all recommendations BLD/ENG GP/BP
as outlined in the Soils Investigative report prepared for the subject property by Giblin and supplemented
by Reese & Associates (2005 and Updated in 2013), including but not limited to foundations system design
and moisture conditioning of expansive clays expansive and compressive soils their full depth so as to
cause pre -swelling prior to casting of slabs, are herein incorporated by reference and shall be adhered to in
order to ensure that appropriate construction measures are incorporated into the design of the project. The
geotechnical engineer shall inspect the construction work and shall certify to the City, prior to issuance of a
certificate of occupancy that the improvements have been constructed in accordance with the geotechnical
specifications.
3.8 Hazardous Materials
Resolution No. 2014-113 N.C.S. Page 10
Mitigation Measure Description Review Timing Date
Dept. Completed
BLD/ENG GP
FIAZ-1. The oil -fuel pipeline located adjacent to the main residence shall be removed and nearby soils will
be examined for evidence of migrated fuel oil. Any visibly contaminated soil will be removed with portion
of the confirmation surface soil samples collected and analyzed. In the event that analytical results indicate
contamination, additional soils shall be removed and disposed of properly.
HAZ-2. Prior to demolition activities, all component materials of site structures planned for demolition BLD GP
shall be tested for the presence of ACBM and LBP, where the material is found to contain greater than I
percent.
3.9 Hydrology and Water Quality
HYDRO -1. Prior to issuance of grading permits, the project shall prepare and submit a SWPPP for review BLD/ENG GP
and approval by Public Works prior to approval of grading permits. The City shall inspect the
improvements and verify compliance prior to acceptance of improvements. The SWPPP shall comply with
San Francisco Bay Area Regional Water Quality Control Board requirements. At a minimum, the plan
shall: (a) identify specific types and sources of storm water pollutants; (b) determine the location and
nature of potential impacts; and (c) specify and incorporate appropriate control measures.
3.10 Land Use and Planning
LU -1. A funding mechanism such as a Landscaping Assessment District shall be established to levee funds BLD/
FM
for the ongoing maintenance ofthe landscaping along Sonoma Mountain Parkway. I'D
Improvement
Plan
3.12 Noise
NOH. The project shall require a noise barrier with a height of 10 along the projects' frontage to Sonoma PD/BLD
GP/BP
Mountain Parkway. The noise barrier shall be designed to limit impacts associated with visual resources,
which can be accomplished through the mounded berm and landscaping approach as set forth on TM -6.
Additionally, perpendicular noise barrier shall be developed along the western edge of the site and along
APN 149-413-024. The perpendicular noise barrier may tapper from 10 feet to 5 feet. Should wood fencing
be utilized as currently proposed, the fence shall be double faced, with butted vertical fence board on each
side with a continuous layer of'/ inch plywood.
NOI-2. Second story homes with direct line of site to Sonoma Mountain Parkway shall be equipped with BLD / GP/BP
Staff
Initials
Resolution No. 2014-113 N.C.S. Page II
Mitigation Measure Description Review Timing Date Staff
Dept. Completed Initials
mechanical ventilation systems in order to achieve interior temperature controls without the need to open
Contractor
windows. Additionally, sound rated windows and doors shall be required and acoustical analysis shall be
Project
performed showing that interior noise level of 45-dBA or below are achieved.
Manager
NOI-3. Due to the proximity of sensitive receptors to the subdivision site, all construction activities shall
I'll
be required to comply with the following and be noted accordingly on construction contracts:
L Construction Hours/Scheduling: The following are required to limit construction activities to the
portion of the day when the number of persons in the adjacent sensitive receptors are lowest:
a. Construction activities for all phases of construction, including servicing of construction
equipment shall only be permitted during the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday and between 9:00 a.m. to 5:00 p.m. on Saturdays. Construction is prohibited on Sundays
and on all holidays recognized by the City of Petaluma.
b. Delivery of materials or equipment to the site and truck traffic coming to and from the site is
restricted to the same construction hours specified above.
2. Construction Equipment Mufflers and Maintenance: All construction equipment powered by
internal combustion engines shall be properly muffled and maintained.
3. Idling Prohibitions: All equipment and vehicles shall be turned off when not in use. Unnecessary
idling of internal combustion engines is prohibited.
4. Equipment Location and Shielding: All stationary noise -generating construction equipment, such
as air compressors, shall be located as far as practical from the adjacent homes. Acoustically
shield such equipment when it must be located near adjacent residences.
5. Quiet Equipment Selection: Select quiet construction equipment, particularly air compressors,
whenever possible. Motorized equipment shall be outfitted with proper mufflers in good working
order.
GI'/BP
Resolution No. 2014-113 N.C.S. Page 12
Mitigation Measure Description
6. Staging and Equipment Storage: The equipment storage location shall be sited as far as possible
from nearby sensitive receptors.
7. Noise Disturbance Coordinator: Developer shall designate a "noise disturbance coordinator" who
will be responsible for responding to any local complaints about construction noise. This
individual would most likely be the contractor or a contractor's representative. The disturbance
coordinator would determine the cause of the noise complaint (e.g., starting too early, bad
muffler, etc.) and would require that reasonable measures warranted to correct the problem be
implemented. The telephone number for the disturbance coordinator shall be conspicuously
posted at the construction site.
Department Reouired Prior to Issuance/Aooroval
PD Planning Division FM Final Map
FM Fire Marshal GP Grading Permit
ENG Engineering Division BP Building Permit
BLD Building Division CO Certificate of Occupancy
Review Timing Date Staff
Dept. Completed Initials
Resolution No. 2014-113 N.C.S. Page 13